H_TLG_2020A 01/28/2020 10:27:28 AM Committee Summary

Representatives Valdez D. and McKean introduced House Bill 20-1042, concerning a modification of the notice requirements for manufacturers of class B firefighting foam that contains perfluoroalkyl and polyfluoroalkyl substances.  The bill corrects a date in the law within which manufacturers must notify sellers about the state's new regulation of these substances.  The law, passed in 2019 through HB 19-1279, directed sellers to be notified no less than one year prior to the enactment of the law, which is impossible since the effective date of the law was August 2, 2019, and the law did not exist prior.

The bill sponsors answered committee questions.

Mr. Sweetman responded to questions about the process and the draft bill.

Bryan Jameson, representing the Department of Regulatory Agencies (DORA), provided the committee with information about the sunset process and the review of the Private Investigators Licensure Act. The report is on the department's website (https://www.colorado.gov/pacific/dora-oprrr/node/143196/).  Mr. Jameson talked about the criteria for review.

Mr. Jameson responded to questions about professionalism of the industry and the connection to licensure; exemptions from private investigator licensure for professionals already being regulated through other laws or rules; current requirements for private investigator licensure; the voluntary licensure program, including budget; individuals doing business as private investigators; and the effectiveness of the regulation.

Mr. Jameson continued to respond to questions from the committee, including regulation in other states; history of complaints, including applicant history prior to licensure; credibility of unlicensed private investigators in court; fees generated for staff administering the program; the jurisprudence exam for investigators; the recommendation to discontinue licensure; the surety bond requirement; requirements for continuing education; and the regulation of other professions.

Robert Orozco, representing the Professional Private Investigators Association of Colorado, testified in opposition to sunsetting the Private Investigators Licensure Act.

Ryan Johnston, representing the Professional Private Investigators Association of Colorado, testified in opposition to sunsetting the Private Investigators Licensure Act.

Mr. Orozco and Mr. Johnston responded to committee questions, including the criteria for regulation of private investigators in the statutes, such as the necessity of regulation to protect public health, safety and welfare; the least restrictive form of regulation while protecting the public; the oversight of DORA, especially operating in the interest of the public; the oversight of DORA, with regards to efficiency and effectiveness; the oversight of DORA, with regards to including the public; the economic impact of regulation, especially in terms of stimulating or limiting competition; complaint investigation and discipline to protecting the public; the scope of practice contributing to affirmative action and the effective use of personnel; how disqualifications and discipline for the profession serves the public; and any necessary changes needed to the law.

Mr. Orozco and Mr. Johnston continued to respond to committee questions, including discipline that the association provides to professionals. The association offers an ethics committee. There were also questions about the body that initially recommended renewal of licensing and the continued requirement of the jurisprudence exam.

Peter Smith, representing his investigation company, testified in opposition to sunsetting the Private Investigators Licensure Act.

Tan Smyth, representing herself, testified in opposition to sunsetting the Private Investigators Licensure Act.

Lydia Waligorski, representing Violence Free Colorado, testified in opposition to sunsetting the Private Investigators Licesnure Act.

Chair Gray laid over the Sunset Review Hearing to later in the committee meeting.

Meghan Dollar, representing the Colorado Municipal League, provided a handout on key municipal issues (Attachment A) and made announcements.

Gini Pingenot, representing Colorado Counties, Inc., provided information about the organization and introduced staff. Ms. Pingenot talked about what the organization is working on and provided a packet (Attachment B). She included information about the unfunded mandate statute.

 

 

The committee discussed the amount of time until the next sunset review.

A conceptual amendment was motioned to sunset the Act in 10 years.  After some discussion the amendment was withdrawn.

The committee agreed to the following sponsors for the bill, Representatives Melton and Wilson.  Co-sponsors of the bill include Representatives Hooton, Exum, Catlin, and Gray.

Michael Valdez, representing the Special District Association of Colorado, provided a packet to the committee (Attachment C) and introduced staff. Mr. Valdez included an overview of member organizations. Mr. Valdez indicated that the association will focus on home buyers and special district taxes, as well as special district elections this session.  He talked about home buyers being aware of taxes within a metro district prior to closing when the contract to buy the home is signed. Mr. Valdez also talked about notification of special district association elections.

Richard Orf, representing the Associated Governments of Northwest Colorado, talked about the areas represented by the organization. Mr. Orf spoke about the activities of the organization.  He indicated that broadband, economic development, and transportation are important for the organization this year.