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S_BLT_2017A 03/27/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY

Date: 03/27/2017
ATTENDANCE
Time: 01:08 PM to 05:35 PM
Jahn
X
Priola
X
Place: SCR 354
Smallwood
X
Todd
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:
SB17-132

SB17-237

SB17-247

SB17-214

HB17-1115

SB17-239

SB17-244

SB17-240

SB17-251
Amended, 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

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

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to Senate Finance

Amended, Referred to the Committee of the Whole





01:08 PM -- SB 17-132



Senator Tate discussed the agenda for the meeting.



01:11 PM



Senator Gardner introduced Senate Bill 17-132, concerning revisions to the uniform law regarding notarial acts. The bill repeals current state laws regulating notaries public and enacts the national uniform law commission's (ULC) revised uniform law on notarial acts, as amended by the ULC in 2016. The bill modernizes notary responsibilities, electronic recording processes, recognition of notarial acts from other jurisdictions, and remedies. The bill also proposes rescheduling the sunset review of notaries law from July 1, 2018 to September 1, 2023.



Senator Gardner distributed amendments L.002 through L.006 (Attachments A, B, C, D and E).



170327 AttachA.pdf170327 AttachA.pdf170327 AttachB.pdf170327 AttachB.pdf170327 AttachC.pdf170327 AttachC.pdf170327 AttachD.pdf170327 AttachD.pdf170327 AttachE.pdf170327 AttachE.pdf













01:17 PM --
Steve Brainerd, Colorado Bar Association (CBA), spoke about concerns with the bill as currently drafted.



01:22 PM --
Andy Toft, CBA-Real Estate Section, spoke to the amendments.



01:26 PM --
Herrick Lidstone, CBA-Real Estate Section, spoke about concerns with the bill as currently drafted.



01:31 PM --
Anne McGihon, Colorado Uniform Law Commission, spoke in favor of the ball. Ms. McGihon responded to questions from the committee.



01:34 PM --
Letty Maxfield, CBA - Elder Law Section, spoke neutrally about the bill and discussed the amendments. She responded to questions from the committee.



01:36 PM --
Spencer Crona, CBA - Elder Law Section, spoke neutrally about the bill and discussed the amendments. He responded to questions from the committee.



01:49 PM --
Terry Jones, Colorado Mortgage Lenders Association, spoke in support of the proposed amendments.



01:51 PM --
Dianne Evans, Land Title Association of Colorado, spoke neutrally about the bill. She responded to questions from the committee.



01:54 PM --
Robert Howe, Land Title Association of Colorado, spoke neutrally about the bill. He responded to questions from the committee.



02:06 PM



Senator Gardner discussed the preceding testimony.



02:12 PM --
Tim Griesmer, Colorado Department of State, spoke in favor of the bill. He responded to questions from the committee.



02:17 PM --
Erin Goff, Microsoft, spoke in favor of the bill with amendments. She provided a letter to the committee (Attachment F).



170327 AttachF.pdf170327 AttachF.pdf



02:19 PM --
Michael Chodos, Notarize, spoke in favor of the bill. He responded to questions from the committee.







02:30 PM



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

BILL: SB17-132
TIME: 02:32:59 PM
MOVED: Neville
MOTION: Adopt amendment L.002. The motion passed on a vote of 6-1.
SECONDED:
VOTE
Jahn
No
Priola
Yes
Smallwood
Yes
Todd
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL: SB17-132
TIME: 02:33:21 PM
MOVED: Neville
MOTION: Adopt amendment L.003. The motion passed without objection.
SECONDED:
VOTE
Jahn
Priola
Smallwood
Todd
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-132
TIME: 02:33:37 PM
MOVED: Jahn
MOTION: Adopt amendment L.004. The motion failed on a vote of 2-5.
SECONDED:
VOTE
Jahn
Yes
Priola
No
Smallwood
No
Todd
Yes
Williams A.
No
Neville T.
No
Tate
No
YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: SB17-132
TIME: 02:33:57 PM
MOVED: Neville T.
MOTION: Adopt amendment L.005. The motion passed without objection.
SECONDED:
VOTE
Jahn
Priola
Smallwood
Todd
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-132
TIME: 02:35:21 PM
MOVED: Neville T.
MOTION: Adopt amendment L.006. The motion passed without objection.
SECONDED:
VOTE
Jahn
Priola
Smallwood
Todd
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-132
TIME: 02:35:48 PM
MOVED: Neville T.
MOTION: Refer Senate Bill 17-132, as amended, to the Committee of the Whole. The motion passed on a vote of 6-1.
SECONDED:
VOTE
Jahn
No
Priola
Yes
Smallwood
Yes
Todd
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS







02:38 PM -- SB 17-237



Senator Gardner and Senator Marble introduced Senate Bill 17-237, concerning the age of employees serving alcohol. Current law prohibits a liquor licensed tavern or lodging and entertainment facility from permitting an employee who is under 21 years of age to sell alcohol. The bill allows employees who are under 21 years of age to sell alcohol in licensed taverns or lodging and entertainment facilities that regularly serve meals.



02:40 PM --
Garrett Ladd, Colorado Restaurant Association, spoke in favor of the bill.



02:41 PM --
Phil Ross, representing himself, spoke in favor of the bill.

BILL: SB17-237
TIME: 02:45:50 PM
MOVED: Neville T.
MOTION: Refer Senate Bill 17-237 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
Priola
Yes
Smallwood
Yes
Todd
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:46 PM -- SB 17-247



Senator Priola introduced Senate Bill 17-247, concerning the qualifications of electricians. The bill waives the continuing education requirement upon first license renewal or reinstatement for electricians who successfully completed a licensing examination in connection with his or her initial licensure. In addition, the bill repeals a provision allowing electricians who have certain certification and experience but have not passed a written residential wireman's examination to conduct state inspections of family dwellings and, as a result, allows only electricians who have passed the written residential wireman's examination to act as state inspectors of family dwellings. He provided amendment L.001 (Attachment G).



170327 AttachG.pdf170327 AttachG.pdf



02:50 PM --
Ralph Lufen, National Electrical Contractors Association (NECA), spoke in support of the bill. He responded to questions from the committee.















02:52 PM --
Marilyn Stansbury, Independent Electrical Contractors Rocky Mountains, spoke in favor of the bill. She provided a handout to the committee (Attachment H). She responded to questions from the committee.



170327 AttachH.pdf170327 AttachH.pdf



02:54 PM --
Harry Hurske, NECA, spoke in favor of the bill.



03:01 PM --
Becky Baker, Jefferson County, spoke in opposition to the bill.



03:04 PM --
Meghan Dollar, Colorado Municipal League, spoke in opposition to the bill unless amended.



03:06 PM --
Eric Bergman, Colorado Counties, Inc., spoke about the bill.



03:08 PM



Ms. Baker responded to questions from the committee.



03:10 PM --
Steve Gregory, representing himself, spoke in favor of the bill. He responded to questions from the committee.



03:17 PM



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

BILL: SB17-247
TIME: 03:17:46 PM
MOVED: Priola
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Jahn
Priola
Smallwood
Todd
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: SB17-247
TIME: 03:18:00 PM
MOVED: Priola
MOTION: Refer Senate Bill 17-247, as amended, to the Committee of the Whole. The motion passed on a vote of 6-1.
SECONDED:
VOTE
Jahn
Yes
Priola
Yes
Smallwood
Yes
Todd
Yes
Williams A.
Yes
Neville T.
No
Tate
Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:19 PM -- SB 17-214



Senator Garcia and Senator Smallwood introduced Senate Bill 17-214 concerning a voluntary firefighter cancer benefits program. This bill allows municipalities, special districts, fire authorities, and county improvement districts that employ one or more firefighters to participate in a voluntary firefighter cancer benefits program. Participation constitutes payment of contributions into a multiple employer health trust designed to pay awards to covered individuals diagnosed with cancer or their surviving family members. The trust must establish award levels between $100 and $225,000 based on the category and stage of the cancer. The trust must also make payments to the covered individual for the actual cost, up to $25,000 for rehabilitative or vocational training employment services and educational training and for cosmetic disfigurement costs, if necessary, up to $10,000. Any benefits paid by the trust must be offset by any payments made under the Workers' Compensation Act of Colorado. Firefighters, including those who work on a part-time or volunteer basis, must meet certain criteria to be eligible for benefits under the trust. The sponsors provided amendment L.001 and L.002 (Attachments I and J)



170327 AttachI.pdf170327 AttachI.pdf170327 AttachJ.pdf170327 AttachJ.pdf



03:23 PM --
Ann Terry, Special District Association, spoke in favor of the bill.



03:24 PM --
Don Lombardi, Colorado State Fire Chiefs, spoke in favor of the bill.



03:26 PM --
Mike Rogers, Colorado Professional Fire Fighters, spoke in favor of the bill.





03:30 PM



Senator Smallwood made closing comments on the merits of the bill and explained the purpose of the amendments.

BILL: SB17-214
TIME: 03:31:38 PM
MOVED: Smallwood
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Jahn
Priola
Smallwood
Todd
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-214
TIME: 03:33:33 PM
MOVED: Smallwood
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Jahn
Priola
Smallwood
Todd
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-214
TIME: 03:33:45 PM
MOVED: Smallwood
MOTION: Refer Senate Bill 17-214, 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
Priola
Yes
Smallwood
Yes
Todd
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:36 PM -- HB 17-1115



Senator Kefalas and Senator Tate introduced House Bill 17-1115, concerning the establishment of direct primary health care agreements to operate without regulation by the Division of Insurance. The bill establishes definitions and legal parameters for direct primary health care agreements. In addition, it specifies that direct primary health agreements are not an insurance product and are not regulated by the Division of Insurance. The bill prohibits a health care provider from refusing to enter into an agreement or from discontinuing an agreement because of the health status of a patient. The sponsors provided amendment L.004 (Attachment K).



170327 AttachK.pdf170327 AttachK.pdf



03:38 PM --
Dr. Mark Tomasulo, Colorado Academy of Family Physicians (CAFP), spoke in favor of the bill. He responded to questions from the committee.



03:41 PM --
Dr. Clint Flanagan, CAFP, spoke in favor of the bill. He responded to questions from the committee.



03:44 PM --
Dr. Brieanna Seefeldt, CAFP, spoke in favor of the bill.



04:05 PM --
Eugene Aydelott, representing himself, spoke in favor of the bill.



04:08 PM --
Lindsey Cushman, DigitalGlobe, spoke in favor of the bill.







04:12 PM



Senator Tate made closing comments on the merits of the bill and discussed the purpose of the amendment.

BILL: HB17-1115
TIME: 04:14:30 PM
MOVED: Tate
MOTION: Adopt amendment L.004. The motion passed without objection.
SECONDED:
VOTE
Jahn
Priola
Smallwood
Todd
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



04:14 PM



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

BILL: HB17-1115
TIME: 04:15:38 PM
MOVED: Tate
MOTION: Refer House Bill 17-1115, 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
Priola
Yes
Smallwood
Yes
Todd
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

















04:17 PM -- SB 17-239



Senator Martinez-Humenik and Senator Williams introduced Senate Bill 17-239, concerning additional authority for the controller to allow nonmonetary adjustments for information technology capital projects. Current law provides a process by which a state agency or institution of higher education may seek permission to use an appropriation for a capital construction project differently than specified by the original budget submission, as long as the new request is for a nonmonetary adjustment. Nonmonetary adjustments might include changes to the time line or scope of a project. The sponsors responded to questions from the committee.

BILL: SB17-239
TIME: 04:21:21 PM
MOVED: Williams A.
MOTION: Refer Senate Bill 17-239 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
Priola
Yes
Smallwood
Yes
Todd
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:23 PM -- SB17-244



Senator Priola introduced Senate Bill 17-244, concerning retail food establishment license fees. The bill allows a county or district board of health to establish retail food establishment license fees that are lower than those set in statute if the county or district board of health is in compliance with the Colorado Food Protection Act. The bill removes language that prohibits a county government from using the increased fee revenue generated under House Bill 16-1401 for other county programs.



04:24 PM --
Grier Bailey, Colorado Wyoming Petroleum Marketing Association, spoke about the bill.



04:27 PM --
Gini Pingenot, Colorado Counties, Inc., spoke in favor of the bill.





04:31 PM



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

BILL: SB17-244
TIME: 04:32:01 PM
MOVED: Priola
MOTION: Refer Senate Bill 17-244 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
Priola
Yes
Smallwood
Yes
Todd
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:33 PM -- SB 17-240



Senator Tate and Senator Jahn introduced Senate Bill 17-240, concerning continuing the regulation of motor vehicle dealers. The bill continues the Motor Vehicle Dealer Board and the regulation of powersports vehicle sales through September 1, 2027, and implements some of the recommendations from the DORA sunset report. The sponsors provided amendment L.001, L.003, and L.004 (Attachments L, M, and N).



170327 AttachL.pdf170327 AttachL.pdf170327 AttachM.pdf170327 AttachM.pdf170327 AttachN.pdf170327 AttachN.pdf



04:39 PM --
Bruce Zulauf, Department of Revenue - Auto Industry Division, spoke in favor of the bill. He provided a handout to the committee (Attachment O). He responded to questions from the committee.



170327 AttachO.pdf170327 AttachO.pdf



04:42 PM --
Tim Jackson, Colorado Auto Dealers Association (CADA), spoke about the bill and proposed amendments. He responded to questions from the committee.



04:46 PM --
Michael Dunlap, Schomp Automotive, spoke about the bill.



05:03 PM --
Mike Feeley, CADA, responded to comments from the committee and addressed the proposed amendments.















05:09 PM --
Todd O'Connell, Colorado Independent Auto Dealers Association, spoke about proposed amendments.



05:12 PM --
Mr. Zulauf returned to the table to clarify his preceding comments.

BILL: SB17-240
TIME: 05:13:48 PM
MOVED: Tate
MOTION: Adopt amendment L.001. The motion passed on a vote of 6-1.
SECONDED:
VOTE
Jahn
Yes
Priola
Yes
Smallwood
No
Todd
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL: SB17-240
TIME: 05:14:38 PM
MOVED: Tate
MOTION: Refer Senate Bill 17-240, as amended, to the Committee on Finance. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Jahn
Yes
Priola
Yes
Smallwood
Yes
Todd
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







05:15 PM -- SB 17-251



Senator Tate introduced Senate Bill 17-251, concerning access to the Department of Revenue's (DOR) records concerning ownership interests in motor vehicles. Under current law, a tow carrier who tows abandoned motor vehicles uses an electronic system to access the DOR's records to determine and notify the owner or lienholder. The bill allows insurers and salvage pools to use the same electronic system to determine a vehicle's owner or lienholder if the vehicle is the subject of an insurance claim. He provided amendment L.001 and L.002 (Attachments P and Q) and a handout (Attachment R) to the committee.



170327 AttachP.pdf170327 AttachP.pdf170327 AttachQ.pdf170327 AttachQ.pdf170327 AttachR.pdf170327 AttachR.pdf



05:19 PM --
Chuck Ford, Towing and Recovery Professionals Colorado, spoke in favor of the bill.



05:26 PM --
Todd Wallis, Farmer's Insurance, spoke in support of the bill.



05:28 PM --
Jennifer Soffel, Insurance Auto Auctions, spoke in favor of the bill.



05:29 PM --
Richard Busto, Copart Auto Auctions, spoke in favor of the bill.



05:31 PM --
Tony Anderson, DOR, discussed preceding testimony.



05:32 PM



Senator Tate discussed the purpose of the amendments.

BILL: SB17-251
TIME: 05:32:57 PM
MOVED: Tate
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Jahn
Yes
Priola
Yes
Smallwood
Yes
Todd
Yes
Williams A.
Yes
Neville T.
No
Tate
Yes
YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-251
TIME: 05:33:54 PM
MOVED: Tate
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Jahn
Priola
Smallwood
Todd
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-251
TIME: 05:34:07 PM
MOVED: Tate
MOTION: Refer Senate Bill 17-251, as amended, to the Committee of the Whole. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Jahn
Yes
Priola
Yes
Smallwood
Yes
Todd
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:34 PM



The committee adjourned.