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S_BLT_2017A 03/13/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY

Date: 03/13/2017
ATTENDANCE
Time: 01:59 PM to 04:37 PM
Jahn
X
Kerr
*
Place: SCR 357
Priola
X
Smallwood
*
This Meeting was called to order by
Williams A.
X
Senator Tate
Neville T.
X
Tate
X
This Report was prepared by
Jeanette Chapman
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Confirmation State Personnel Board

HB17-1123

SB17-157
Favorably Refer to Full Senate - Consent

Referred to the Committee of the Whole

Postponed Indefinitely





02:00 PM -- Confirmation State Personnel Board



Dana Shea-Reid, State Personnel Board and Mr. Neil Peck who is being reappointed to the board came to the table. The appointment letter may be found in Attachment A. Mr. Peck's application and resume is available at the State Archives.



170313 AttachA.pdf170313 AttachA.pdf







Ms. Shea-Reid introduced Mr. Peck. Mr. Peck described his legal background in personnel and matter and discussed his experiences working on the board.

BILL: Confirmation State Personnel Board
TIME: 02:05:11 PM
MOVED: Neville T.
MOTION: Refer the appointment of Neil Peck to the State Personnel Board to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Jahn
Yes
Kerr
Yes
Priola
Yes
Smallwood
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:06 PM -- HB 17-1123



Senator Marble introduced House Bill 17-1123, concerning the ability of a local government to extend the hours during which alcohol beverages may be sold for consumption on a licensed premises. Under current law, it is illegal to sell, serve, or distribute any alcohol between the hours of 2 a.m. and 7 a.m. The reengrossed bill allows a local government to extend the hours during which alcohol beverages for on-premises consumption can be sold at licensed establishments within its jurisdiction, and adds an exception to the crime if the jurisdiction extends the hours.



02:10 PM --
Chief Pete Carey, Colorado Association of Chiefs of Police and City of Colorado Springs, spoke in opposition to the bill.



02:13 PM --
Patrick Maroney, Colorado Division of Liquor Enforcement, spoke in opposition to the bill.



02:14 PM --
Andrew Feinstein, Exdo and Tracks nightclubs, spoke in support of the bill. He responded to questions from the committee.



02:24 PM --
Fran Lanzer, Mothers Against Drunk Driving and Colorado Organization for Victims Assistance, spoke in opposition to the bill and provided a handout to the committee (Attachment B).



170313 AttachB.pdf170313 AttachB.pdf





02:28 PM --
Mark Berzins, Tavern League of Colorado, spoke in support of the bill.



02:33 PM --
Dave Hall, Colorado State Patrol, spoke in opposition to the bill. He responded to questions from the committee.



02:43 PM --
George Brauchler, Colorado District Attorneys Council, spoke in opposition to the bill. He responded to questions from the committee.



02:56 PM



Senator Marble made comments on the previous testimony.



02:59 PM --
Isaac Leon, representing himself, spoke in opposition to the bill.



03:06 PM --
Chuck Line, City of Glendale, spoke in support of the bill.



03:11 PM --
Eric Bergman, Colorado Counties, Inc. and Colorado Municipal League, spoke in support of the bill. He responded to questions from the committee.



03:15 PM --
Mr. Line returned to the table to respond to questions from the committee.



03:16 PM --
Peg Ackerman, Colorado County Sheriffs, responded to questions from the committee.



03:17 PM



Senator Marble made closing comments on the merits of the bill.

BILL: HB17-1123
TIME: 03:23:07 PM
MOVED: Neville T.
MOTION: Refer House Bill 17-1123 to the Committee of the Whole. The motion passed on a vote of 4-3.
SECONDED:
VOTE
Jahn
No
Kerr
No
Priola
Yes
Smallwood
Yes
Williams A.
No
Neville T.
Yes
Tate
Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS







03:26 PM -- SB 17-157



Senator Williams introduced Senate Bill 17-157, concerning prerequisites for the authority of a unit owners' association to pursue litigation involving alleged construction defects. Before a homeowner association (HOA) can bring a lawsuit against a developer or builder in a construction defect case, this bill requires that the HOA's executive board first obtain approval from a majority of the unit owners. In seeking prior approval, the bill details various disclosures that must be made to unit owners, including details about the lawsuit, and its potential costs and benefits. The bill limits the amount and type of contact that a developer who is subject to the lawsuit may have with the unit owners in the HOA. Prior approval by unit owners is not required for cases in which the alleged construction damages are valued under $100,000.



03:34 PM --
Diane Hilts, Diamond Excavating, spoke in opposition to the bill. She responded to questions from the committee.



03:37 PM --
Jeff Kutzer, Community Associations Institute (CAI), spoke in favor of the bill.



03:39 PM --
Lee Freedman, CAI, spoke in favor of the bill.



03:44 PM --
Chad Otto, representing himself, spoke in favor of the bill. He responded to questions from the committee.



03:48 PM --
Jim Cowell, CAI, spoke in favor of the bill.



03:51 PM --
Candyce Cavanagh, CAI, spoke in favor of the bill. She responded to questions from the committee.



04:01 PM --
Gina Marino, representing herself, spoke in favor of the bill.



04:03 PM --
Jesse Witt, representing himself, spoke in favor of the bill.



04:06 PM --
Veronica Barela, NEWSED Community Development Corporation, spoke in favor of the bill.



04:09 PM --
Michael Gifford, Associated General Contractors, spoke in opposition to the bill.



04:12 PM --
Mayor Adam Paul, City of Lakewood and Colorado Municipal League, spoke in opposition to the bill. He responded to questions from the committee.



04:13 PM --
Scott Smith, Colorado Association of Homebuilders, spoke in opposition to the bill.



04:17 PM --
Michael Winn, American Institute of Architects-Colorado, spoke in favor of the bill. He provided a copy of written testimony (Attachment C).



170313 AttachC.pdf170313 AttachC.pdf



04:22 PM --
Todd Larson, Colorado Management Associates, spoke in favor of the bill.





04:25 PM --
Suzanne Leff, CAI, spoke in support of the bill.



04:31 PM



Senator Williams read a letter from a constituent and made closing comments on the merits of the bill.

BILL: SB17-157
TIME: 04:34:06 PM
MOVED: Williams A.
MOTION: Refer Senate Bill 17-157 to the Committee of the Whole. The motion failed on a vote of 2-5.
SECONDED:
VOTE
Jahn
No
Kerr
Yes
Priola
No
Smallwood
No
Williams A.
Yes
Neville T.
No
Tate
No
YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL: SB17-157
TIME: 04:36:16 PM
MOVED: Neville T.
MOTION: Postpone Senate Bill 17-157 indefinitely using a reversal of the previous roll call. The motion passed on a vote of 5-2.
SECONDED:
VOTE
Jahn
Yes
Kerr
No
Priola
Yes
Smallwood
Yes
Williams A.
No
Neville T.
Yes
Tate
Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:37 PM



The committee adjourned.