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S_BLT_2017A 03/22/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY

Date: 03/22/2017
ATTENDANCE
Time: 02:02 PM to 05:40 PM
Jahn
X
Kerr
X
Place: SCR 354
Priola
X
Smallwood
X
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:
HB17-1179

SB17-215

SB17-198

SB17-204

HB17-1196

SB17-218		 Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to Senate Appropriations

Referred to the Committee of the Whole

Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole - Consent Calendar





02:02 PM -- HB 17-1179



Senator Marble and Senator Court came to the table for the vote on the bill. Public testimony was heard in committee on March 20, 2017. During that meeting, the bill was moved as was amendment L.003 (Attachment A). Senator Tate subsequently laid the bill over for action only.



170322 AttachA.pdf170322 AttachA.pdf





Senator Tate withdrew amendment L.003.

BILL: HB17-1179
TIME: 02:05:07 PM
MOVED: Neville T.
MOTION: Refer House Bill 17-1179 to the Committee of the Whole 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 -- SB 17-215



Senator Priola introduced Senate Bill 17-215, concerning the continuation of the Division of Real Estate. The bill continues the regulation of real estate brokers and subdivision developers by the Real Estate Commission in the Department of Regulatory Agencies (DORA) for nine years until September 1, 2026 and implements recommendations from the 2016 DORA sunset review of the Division. The sponsor distributed amendments L.001, L.002, L.003, L.004, and L.005 (Attachments B - F).



170322 AttachB.pdf170322 AttachB.pdf170322 AttachC.pdf170322 AttachC.pdf170322 AttachD.pdf170322 AttachD.pdf170322 AttachE.pdf170322 AttachE.pdf170322 AttachF.pdf170322 AttachF.pdf



02:10 PM -- Matt Pacheco, Colorado Assessors Association and Institute of Real Estate Management, spoke about the bill.



02:14 PM -- Matt Tschetter, Apartment Association of Metro Denver, spoke about the bill.



02:19 PM -- John Logan, Building Owners and Managers Association, spoke about the bill.





02:22 PM -- Ted Lighty, Colorado Association of Realtors, spoke in favor of the bill.

BILL: SB17-215
TIME: 02:24:37 PM
MOVED: Priola
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB17-215
TIME: 02:27:01 PM
MOVED: Priola
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: SB17-215
TIME: 02:27:14 PM
MOVED: Priola
MOTION: Adopt amendment L.003. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB17-215
TIME: 06:22:13 PM
MOVED: Priola
MOTION: Adopt amendment L.004. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: SB17-215
TIME: 02:27:42 PM
MOVED: Priola
MOTION: Adopt amendment L.005. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB17-215
TIME: 02:28:00 PM
MOVED: Priola
MOTION: Refer Senate Bill 17-215, as amended, to the Committee of the Whole 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











02:29 PM -- SB 17-198



Senator Priola came to the table for the vote on Senate Bill 17-198. Public testimony was heard in committee on

February 28, 2017. At that meeting Senator Tate laid the bill over for action at a later date.



Senator Priola discussed amendment L.004 (Attachment G).



170322 AttachG.pdf170322 AttachG.pdf



02:34 PM



Senator Smallwood discussed amendment L.005 (Attachment H).



170322 AttachH.pdf170322 AttachH.pdf



02:38 PM -- Mike Conway, Division of Insurance, responded to questions from the committee.



02:42 PM -- John Conklin, Colorado Medical Society, responded to questions from the committee.

BILL: SB17-198
TIME: 02:56:52 PM
MOVED: Priola
MOTION: Adopt amendment L.004. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-198
TIME: 02:57:10 PM
MOVED: Smallwood
MOTION: Adopt amendment L.005. The motion failed on a vote of 2-5.
SECONDED:
VOTE
Jahn
No
Kerr
No
Priola
No
Smallwood
Yes
Williams A.
No
Neville T.
Yes
Tate
No
YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: SB17-198
TIME: 03:03:40 PM
MOVED: Priola
MOTION: Refer Senate Bill 17-198, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-2.
SECONDED:
VOTE
Jahn
Yes
Kerr
Yes
Priola
Yes
Smallwood
No
Williams A.
Yes
Neville T.
No
Tate
Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS







03:05 PM -- SB 17-204



Senator Priola introduced Senate Bill 17-204, concerning the improper denial of property and casualty claims. Under current law, a first party claimant is defined as an individual, corporation, association, partnership, or other legal entity asserting an entitlement to benefits owed directly to or on behalf of a person injured under the policy, including a public health entity that has paid a claim for benefits due to an insurer's unreasonable delay or denial of a claim. A first-party claimant whose claim for payment of benefits has been unreasonably delayed or denied may sue to recover attorney fees, court costs, and two times the covered benefit.



The bill modifies the definition of first-party claimant to exclude an individual, corporation, association, partnership, or other legal entity acting on behalf of an insured person, with exceptions for claims under health coverage plans.



The bill also requires that a first-party claimant provide written notice of the cause of action to a property and casualty insurer at least 20 days prior to filing and action against the insurer. If the property and casualty insurer fails to resolve the basis of the claim within the 20-day period, the first-party claimant may bring the action. The statute of limitations for such an action is suspended during the 20-day period.



Senator Priola provided a handout to the committee (Attachment I).



170322 AttachI.pdf170322 AttachI.pdf



03:08 PM -- Kyle Larson, Colorado Roofing and Restoration Council, spoke in opposition to the bill. He responded to questions from the committee.



03:36 PM -- Scott Wilkinson, Colorado Association of Homebuilders, spoke in opposition to the bill. He responded to questions from the committee.



04:07 PM -- Joshua Ziman, representing himself, spoke in opposition to the bill.



04:12 PM -- Thomas Neville, lawyer for Mr. Ziman, spoke in opposition to the bill. He responded to questions from the committee.



04:24 PM -- Michael Rosenberg, Colorado Trial Lawyers Association, spoke in opposition to the bill. He responded to questions from the committee.



04:35 PM -- Kelly Campbell, Property Casualty Insurers, spoke in favor of the bill. She responded to questions from the committee.



04:40 PM -- Terence Ridley, representing himself, spoke in favor of the bill.



04:52 PM -- Jeff Ruebel, Colorado Civil Justice League and Colorado Defense Lawyers Association, spoke in favor of the bill.



05:02 PM -- John Hopper, representing himself, spoke in opposition to the bill.





05:11 PM



Senator Priola made closing comments on the merits of the bill. The committee recessed.



05:13 PM



The committee came back to order.

BILL: SB17-204
TIME: 05:13:43 PM
MOVED: Priola
MOTION: Refer Senate Bill 17-204 to the Committee of the Whole. The motion passed on a vote of 6-1.
SECONDED:
VOTE
Jahn
Yes
Kerr
No
Priola
Yes
Smallwood
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:16 PM -- SB 17-218



Senator Kerr introduced Senate Bill 17-218, concerning the continued regulation of landscape architects. The bill continues the Landscape Architect Professional Licensing Act for 11 years, through September 1, 2028. Senator Kerr provided amendment L.001 (Attachment J) to the committee and discussed the purpose of the amendment.



170322 AttachJ.pdf170322 AttachJ.pdf







05:18 PM -- David Sprunt, American Society of Landscape Architects, spoke in support of the bill. He responded to questions from the committee.

BILL: SB17-218
TIME: 05:23:10 PM
MOVED: Kerr
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-218
TIME: 05:24:30 PM
MOVED: Kerr
MOTION: Refer Senate Bill 17-218, as amended, to the Committee of the Whole 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









05:25 PM -- HB 17-1196



Senator Priola introduced House Bill 17-1196, concerning the number of credit hours required for barbers and cosmetologists. The bill clarifies that the number of credit hours and corresponding contact hours required to be licensed as a barber or cosmetologist are not to exceed 50 credits, or 1,500 contact hours.



05:27 PM -- Melissa Osse, Colorado Association of Career Colleges and Schools, spoke in favor of the bill. She responded to questions from the committee.



05:29 PM -- Dr. Aimee Callahan, Emily Griffith Technical College, spoke in favor of the bill.



05:32 PM -- Jeff Barratt, Emily Griffith Technical College, spoke in favor of the bill. He responded to questions from the committee.

BILL: HB17-1196
TIME: 05:35:39 PM
MOVED: Priola
MOTION: Refer House Bill 17-1196 to the Committee of the Whole, 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





05:36 PM -- SB 17-218



Senator Neville asked the committee to reconsider the vote on Senate Bill 17-218.

BILL: SB17-218
TIME: 05:37:48 PM
MOVED: Neville T.
MOTION: Reconsider Senate Bill 17-218. The motion passed on a vote of 5-2.
SECONDED:
VOTE
Jahn
Yes
Kerr
No
Priola
Yes
Smallwood
Yes
Williams A.
Yes
Neville T.
Yes
Tate
No
YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL: SB17-218
TIME: 05:39:06 PM
MOVED: Tate
MOTION: Refer Senate Bill 17-218, as amended, to the Committee of the Whole. The motion passed on a vote of 6-1.
SECONDED:
VOTE
Jahn
Yes
Kerr
Yes
Priola
Yes
Smallwood
Yes
Williams A.
Yes
Neville T.
No
Tate
Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:40 PM



The committee adjourned.