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S_BLT_2016A 03/30/2016 02:00:46 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY

Date: 03/30/2016
ATTENDANCE
Time: 02:00 PM to 06:10 PM
Baumgardner
X
Heath
X
Place: SCR 354
Hodge
X
Jahn
X
This Meeting was called to order by
Neville T.
X
Senator Holbert
Newell
X
Tate
X
This Report was prepared by
Woods
X
Jeanette Chapman
Holbert
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Confirmation: Colorado Banking Board

SB16-161

SB16-078

SB16-159
Favorably Refer to Full Senate - Consent

Referred to Finance

Postponed Indefinitely

Postponed Indefinitely





02:01 PM -- Confirmation: Colorado Banking Board



Diane Barrett, appointee to the Colorado Banking Board, came to the table. The appointment letter may be found in Attachment A. Her application and resume is available at the State Archives.



160330 AttachA.pdf160330 AttachA.pdf



02:04 PM --
Chris Mykklebust, Commissioner of Banking, introduced Ms. Barrett.





02:04 PM



Ms. Barrett introduced herself and discussed her experience on the board. She responded to questions from the committee.

BILL: Confirmation: Colorado Banking Board
TIME: 02:05:28 PM
MOVED: Woods
MOTION: Refer the appointment of Diane Barrett to the Colorado Banking Board to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. The motion passed on a vote of 9-0.
SECONDED:
VOTE
Baumgardner
Yes
Heath
Yes
Hodge
Yes
Jahn
Yes
Neville T.
Yes
Newell
Yes
Tate
Yes
Woods
Yes
Holbert
Yes
Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:07 PM -- SB 16-161



Senator Crowder introduced Senate Bill 16-161, concerning regulation of athletic trainers. The bill, recommended by the Colorado Commission on Uniform State Laws, requires athletic trainers to be registered with the Division of Professions and Occupations (DPO) in the Department of Regulatory Agencies (DORA), and reinstates the Athletic Trainer Practice Act as it existed prior to its 2015 repeal, by

  • specifying educational background, certifications, and examination requirements;
  • providing DORA with the ability to set fees and schedule renewals of registrations;
  • establishing the grounds for disciplinary proceedings and authorizing the DPO director to take disciplinary actions; and
  • establishing a class 2 misdemeanor for conviction of the offense of practicing without an active registration, and a class 1 misdemeanor for a subsequent offense.



In addition, the bill makes some changes to the act, including recodification, terminology modifications, and the following substantive changes:

  • adding title protection for the abbreviation ATC (Athletic Trainer Certified) to limit its use to registered athletic trainers;
  • requiring evidence of current national certification at registration and, if required by the DPO director, at renewal; and
  • adding as grounds for discipline the failure of an athletic trainer to practice pursuant to the direction of a Colorado-licensed or otherwise lawfully practicing health care professional and the failure to practice in a manner that meets generally accepted standards of athletic training practice.



02:11 PM --
Paul Angelico, Colorado High School Athletic Association, spoke in opposition to the bill as drafted. He responded to questions from the committee concerning a potential amendment to the bill. He responded to other questions from the committee.



02:18 PM --
Mark Peters, Colorado Athletic Trainers Association (CATA), spoke in support of the bill. He responded to questions from the committee.



02:33 PM --
Chris O'Dell, representing herself, spoke in support of the bill. She responded to questions from the committee.



02:40 PM --
Joe Ellis, President of the Denver Broncos, spoke in support of the bill. He responded to questions to the committee.



02:46 PM --
Wayne Gersoff, representing himself, spoke in support of the bill. He responded to questions from the committee.



02:50 PM --
Mike DaRosa, representing himself, spoke in support of the bill. He responded to questions from the committee.



02:56 PM --
Brigette Younger, Children's Hospital of Colorado, spoke in support of the bill.



03:00 PM --
Jay Albright, Children's Hospital of Colorado, spoke in support of the bill. He responded to questions from the committee.



03:06 PM --
Cindy Endicott, CATA, spoke in support of the bill.



03:13 PM --
Cathy Calderwood, representing herself, spoke in support of the bill. She responded to questions from the committee.



03:21 PM --
Jared Hanson, representing himself, spoke in support of the bill. He responded to questions from the committee.



03:26 PM --
Darryl Miller, Denver Public Schools, spoke in support of the bill. He responded to questions from the committee.





03:34 PM



Senator Crowder made closing comments on the bill.

BILL: SB16-161
TIME: 03:35:55 PM
MOVED: Neville T.
MOTION: Adopt a conceptual amendment to amend page 25, line 1, strike SEPTEMBER 1, 2025 and substitute SEPTEMBER 1, 2021. The motion failed on a vote of 4-5.
SECONDED:
VOTE
Baumgardner
Yes
Heath
No
Hodge
No
Jahn
No
Neville T.
Yes
Newell
No
Tate
No
Woods
Yes
Holbert
Yes
YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL: SB16-161
TIME: 03:39:17 PM
MOVED: Woods
MOTION: Refer Senate Bill 16-161 to the Committee on Finance. The motion passed on a vote of 8-1.
SECONDED:
VOTE
Baumgardner
Yes
Heath
Yes
Hodge
Yes
Jahn
Yes
Neville T.
No
Newell
Yes
Tate
Yes
Woods
Yes
Holbert
Yes
Final YES: 8 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



















03:53 PM -- SB 16-078



Senator Martinez-Humenik introduced Senate Bill 16-078 concerning assisted living facilitator competency requirements. The bill requires that the administrator of assisted living facilities complete 30 credits of continuing competency every two years. The operator of a facility must maintain records on its premises as proof that the competency requirements have been met. The Department of Public Health and Environment is required to promulgate rules concerning these competency requirements. She provided Amendment L.001 (Attachment B) to the committee.



160330 AttachB.pdf160330 AttachB.pdf



04:00 PM --
Rachel Robertson, Bright Assisted Living, LLC, spoke in opposition to the bill. She responded to questions from the committee.



04:05 PM --
Doug Farmer, Colorado Health Care Association, spoke in opposition to the bill. He responded to questions from the committee.



04:08 PM --
Tamra Meurer, representing herself, spoke in opposition to the bill. She responded to questions from the committee.



04:13 PM --
Douglas Macallister, representing himself, spoke in opposition to the bill. He responded to questions from the committee.



04:17 PM --
Deborah Lively, Leading Age Colorado, spoke in opposition to the bill. She responded to question from the committee.



04:21 PM --
Dennis Quinn, representing himself, spoke in opposition to the bill.



04:25 PM --
John and Julie Adrian, Lighthouse Elder Care, spoke in opposition to the bill.



04:29 PM --
Lyle Campbell, Colorado Assisted Living Association (CALA), spoke in favor of the bill. He responded to questions from the committee.



04:34 PM --
Megan Hart, Heritage House, spoke in favor of the bill.



04:39 PM --
Carolann Walters, representing herself, spoke in favor of the bill. She responded to questions from the committee.



04:52 PM --
Kathi Miller, Anthem Memory Care, spoke in favor of the bill. She responded to questions from the committee.



04:59 PM --
William Boles, CALA, spoke in favor of the bill. He responded to questions from the committee.



05:04 PM --
Clark Grip, representing himself, spoke in favor of the bill.





05:08 PM --
Anne Meier, State Long Term Care Ombudsman, read an email for the committee.

BILL: SB16-078
TIME: 05:12:01 PM
MOVED: Tate
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Heath
Hodge
Jahn
Neville T.
Newell
Tate
Woods
Holbert
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB16-078
TIME: 05:13:06 PM
MOVED: Tate
MOTION: Refer Senate Bill 16-078, as amended, to the Committee of the Whole. The motion failed on a vote of 2-7.
SECONDED:
VOTE
Baumgardner
No
Heath
Yes
Hodge
No
Jahn
No
Neville T.
No
Newell
Yes
Tate
No
Woods
No
Holbert
No
YES: 2 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL






BILL: SB16-078
TIME: 05:19:12 PM
MOVED: Woods
MOTION: Postpone Senate Bill 16-078 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call. The motion passed 7-2.
SECONDED:
VOTE
Baumgardner
Yes
Heath
No
Hodge
Yes
Jahn
Yes
Neville T.
Yes
Newell
No
Tate
Yes
Woods
Yes
Holbert
Yes
Final YES: 7 NO: 2 EXC: 0 ABS: 0 FINAL ACTION:



05:19 PM -- SB 16-159



Senator Martinez Humenik introduced Senate Bill 16-159 concerning title protection for music therapists. The bill establishes title protection for music therapists by making the use of the title "certified music therapist" or "music therapist" a deceptive trade practice if the person does not maintain proper credentials. Specifically, a music therapist must hold a certification from the Certification Board for Music Therapists or be registered by and in good standing with the National Music Therapy Registry in order to use the protected titles.



05:22 PM --
Jennifer Anderson, Colorado Attorney General's Office, spoke in opposition to the bill. She responded to questions from the committee.



05:29 PM --
Brian Tobias, Department of Regulatory Agencies, responded to questions from the committee.



05:30 PM --
Amy Wilson, Colorado Music Therapy State Task Force, spoke in favor of the bill.



05:35 PM --
William Rist, representing himself, spoke in favor of the bill. He responded to questions from the committee.



05:42 PM --
Andrew Knight, Colorado State University, spoke in favor of the bill. He responded to questions from the committee.



05:46 PM --
Bret Julyk, representing himself, spoke in favor of the bill. He responded to questions from the committee.



05:52 PM --
Cherie Karo Schwartz, representing herself, spoke in favor of the bill.





05:58 PM --
Sarah Thompson, representing herself, spoke in favor of the bill. She responded to questions from the committee.



06:03 PM



Senator Martinez-Humenik read testimony from an individual who did not attend the hearing.

BILL: SB16-159
TIME: 06:04:33 PM
MOVED: Tate
MOTION: Refer Senate Bill 16-159 to the Committee of the Whole. The motion failed on a vote of 2-7.
SECONDED:
VOTE
Baumgardner
No
Heath
Yes
Hodge
No
Jahn
No
Neville T.
No
Newell
Yes
Tate
No
Woods
No
Holbert
No
YES: 2 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL: SB16-159
TIME: 06:09:23 PM
MOVED: Woods
MOTION: Postpone Senate Bill 16-159 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call. The motion passed 7-2.
SECONDED:
VOTE
Baumgardner
Yes
Heath
No
Hodge
Yes
Jahn
Yes
Neville T.
Yes
Newell
No
Tate
Yes
Woods
Yes
Holbert
Yes
Final YES: 7 NO: 2 EXC: 0 ABS: 0 FINAL ACTION:



06:10 PM



The committee adjourned.


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