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S_BLT_2017A 04/12/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY

Date: 04/12/2017
ATTENDANCE
Time: 02:05 PM to 06:28 PM
Jahn
X
Kefalas
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:
SB17-253

SB17-269

HB17-1165

HB17-1229

HB17-1269

HB17-1214

SB17-133

SB17-155

SB17-276
Referred to Senate Appropriations

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

Amended, Referred to the Committee of the Whole

Referred to the Committee of the Whole

Referred to the Committee of the Whole

Referred to the Committee of the Whole

Postponed Indefinitely

Witness Testimony and/or Committee Discussion Only

Referred to the Committee of the Whole



02:06 PM -- SB 17-253



Senator Guzman introduced Senate Bill 17-253, concerning increasing the authority for certain providers of alcohol beverages to provide beverages to customers from approved sales rooms. Under current law, a licensed wine or spirits manufacturer may operate a sales room at the licensed manufacturing location and one other location at no additional cost. The bill allows these licensees to operate up to two sales rooms at locations other than the manufacturing location, for a total of three sales rooms.



Under current law, a licensed beer wholesaler may operate one on-site sales room and may not operate any temporary sales rooms. Under the bill, a licensee may operate two additional sales rooms for a total of three, including temporary sales rooms. Sales room authorization may be obtained via the initial license application or via supplemental application, at no additional cost.



02:13 PM --
Laura Long, Colorado Brewers Guild, spoke in favor of the bill. She responded to questions from the committee.



02:20 PM --
Nick Hoover, Colorado Restaurant Association, spoke in opposition to the bill.



02:24 PM --
Greg Howard, Colorado Restaurant Association, spoke in opposition to the bill.











02:28 PM



Mr. Hoover and Mr. Howard responded to questions from the committee.



02:32 PM --
Chris Black, Falling Rock Tap House, spoke in opposition to the bill.



02:37 PM --
Danny Williams, Colorado Beer Distributors, spoke in opposition to the bill. He responded to questions from the committee.



02:43 PM --
Mark Berzins, Little Pub Company, spoke in opposition to the bill.



02:46 PM --
Kara Miller, Colorado Distillers Guild, spoke in favor of the bill. She responded to questions from the committee.



02:48 PM --
Rufus Nagel, Molly's Spirits, spoke in favor of the bill. He responded to questions from the committee.



02:53 PM --
Laura Long returned to the table to speak in favor of the bill. She responded to questions from the committee.



02:54 PM --
Mike Bristol, Colorado Brewers Guild, spoke in favor of the bill.



02:57 PM --
Steve Findley, Colorado Beer Distributors, spoke in opposition to the bill. He responded to questions from the committee.



03:02 PM --
Patrick Maroney, Division of Liquor Enforcement, responded to questions from the committee.



03:16 PM



Senators Marble and Guzman made closing comments on the merits of the bill.

BILL: SB17-253
TIME: 03:24:27 PM
MOVED: Neville T.
MOTION: Refer Senate Bill 17-253 to the Committee on Appropriations. The motion passed on a vote of 4-3.
SECONDED:
VOTE
Jahn
No
Kefalas
Yes
Priola
Yes
Smallwood
Yes
Williams A.
No
Neville T.
Yes
Tate
No
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS







03:28 PM -- SB 17-269



Senators Marble and Aguilar introduced Senate Bill 17-269, concerning the exclusion of specified nonalcohol products from the calculation of the maximum amount of a retail liquor store's annual gross sales revenue that may be derived from the sale of nonalcohol products. Under current law, a licensed retail liquor store may receive no more than 20 percent of its annual gross revenues from the sale of nonalcohol products. The bill excludes sales revenue from lottery products, cigarettes, tobacco, and nicotine products, and clarifies that the limit is on annual gross sales revenue. The sponsors provided Amendment L.001 (Attachment A).



170412 AttachA.pdf170412 AttachA.pdf



03:32 PM --
Jeanne McEvoy, Colorado Licensed Beverage Association, spoke in favor of the bill.



03:35 PM --
Grier Baily, Colorado Wyoming Petroleum Marketing Association, spoke in favor of the bill.



03:36 PM --
Porter Bennett, representing himself, spoke in opposition to the bill. He responded to questions from the committee.



03:45 PM --
Rufus Nagel, Molly's Liquors, spoke in favor of the bill.



03:46 PM --
Jim Schpall, Applejack Liquor, spoke in favor of the bill.



03:48 PM



Senators Marble and Aguilar made closing comments on the merits of the bill.

BILL: SB17-269
TIME: 03:49:25 PM
MOVED: Neville T.
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kefalas
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-269
TIME: 03:50:07 PM
MOVED: Neville T.
MOTION: Refer Senate Bill 17-269, 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
Kefalas
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



03:52 PM -- HB 17-1165



Senator Aguilar introduced House Bill 17-1165, concerning the resolution of disciplinary actions by agencies within the Department of Regulatory Agencies (DORA). The bill modifies the disciplinary procedures for six health care boards for health care professionals with prescriptive authority within DORA. She provided a Amendment L.003 (Attachment B).



170412 AttachB.pdf170412 AttachB.pdf

BILL: HB17-1165
TIME: 03:58:33 PM
MOVED: Neville T.
MOTION: Adopt amendment L.003. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kefalas
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection








BILL: HB17-1165
TIME: 03:59:26 PM
MOVED: Neville T.
MOTION: Refer House Bill 17-1165, as amended, to the Committee of the Whole. The motion passed on a vote of 6-1.
SECONDED:
VOTE
Jahn
No
Kefalas
Yes
Priola
Yes
Smallwood
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:00 PM -- HB 17-1229



Senator Todd introduced House Bill 17-1229, concerning workers' compensation for mental impairment. The bill makes changes to workers' compensation law. It requires mental impairment claims to be proven by evidence supported by the testimony of a licensed psychiatrist, rather than a physician or a psychologist. The bill defines "psychologically traumatic event" as one generally outside of a worker's usual experience that would evoke significant symptoms of distress to a worker in similar circumstances, or an event within a worker's usual experience only when the worker is diagnosed with post traumatic stress disorder (PTSD) by a licensed psychiatrist or psychologist.



04:05 PM --
Dr. John Nicoletti, Colorado Psychological Association, spoke in favor of the bill. He responded to questions from the committee.



04:09 PM --
Kevin Bommer, Colorado Municipal League, spoke in favor of the bill.



04:17 PM --
Frank Cavanaugh, Colorado Self Insured Association, spoke in opposition to the bill. He responded to questions from the committee.



04:19 PM --
Nick Colglazier, Colorado Competitive Council, spoke in favor of the bill.



04:28 PM --
Terry Campbell, Association of Colorado State Patrol Professionals, spoke in favor of the bill.



04:28 PM --
Ron Sloan, Colorado Association of Chiefs of Police, spoke in favor of the bill.



04:31 PM --
Sheriff Jim Crone, County Sheriffs of Colorado, spoke in favor of the bill.



04:35 PM --
Timothy Dienst, Emergency Medical Services Association of Colorado, spoke in favor of the bill.











04:39 PM --
Howard Paul, Colorado Search and Rescue, spoke in favor of the bill.



04:43 PM --
Sean Harper, Colorado Fraternal Order of Police, spoke in favor of the bill.



04:47 PM --
Edie Sonn, Pinnacol Assurance, spoke in favor of the bill. She responded to questions from the committee.



04:51 PM --
Harvey Flewelling, Pinnacol Assurance, spoke in favor of the bill.



04:55 PM



Ms. Sonn and Mr. Flewelling continued to respond to questions from the committee.



05:09 PM



Senators Cooke and Todd made closing comments on the merits of the bill. Senator Todd discussed amendment L.003 (Attachment C).


170412 AttachC.pdf170412 AttachC.pdf
BILL: HB17-1229
TIME: 05:11:52 PM
MOVED: Neville T.
MOTION: Adopt amendment L.003. The motion failed on a vote of 3-4.
SECONDED:
VOTE
Jahn
No
Kefalas
No
Priola
Yes
Smallwood
Yes
Williams A.
No
Neville T.
Yes
Tate
No
YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL






BILL: HB17-1229
TIME: 05:13:22 PM
MOVED: Kefalas
MOTION: Refer House Bill 17-1229 to the Committee of the Whole. The motion passed on a vote of 6-1. The motion passed on a vote of 6-1.
SECONDED:
VOTE
Jahn
Yes
Kefalas
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

05:14 PM -- HB 17-1269



Senator Donovan introduced House Bill 17-1269, concerning the repeal of the prohibition of an action against an employee for sharing wage information. The bill provides wage transparency protections to all employees in the state by removing certain exemptions under current law.



05:15 PM --
Charlotte Sweeney, Colorado Women's Bar Association, spoke in favor of the bill.

BILL: HB17-1269
TIME: 05:16:41 PM
MOVED: Williams A.
MOTION: Refer House Bill 17-1269 to the Committee of the Whole. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Jahn
Yes
Kefalas
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







05:18 PM -- HB 17-1214



Senator Tate introduced House Bill 17-1214, concerning efforts to encourage employee ownership of the state's existing small businesses. The bill requires the Office of Economic Development and International Trade to establish a revolving loan fund program to assist existing businesses with a transition to becoming an employee-owned businesses.



05:20 PM --
Halisi Vinson, Rocky Mountain Employee Ownership Center, spoke in favor of the bill.



05:23 PM --
Phil Ross, representing himself, spoke in favor of the bill. He responded to questions from the committee.



05:36 PM



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

BILL: HB17-1214
TIME: 05:37:58 PM
MOVED: Priola
MOTION: Refer House Bill 17-1214 to the Committee of the Whole. The motion passed on a vote of 5-2.
SECONDED:
VOTE
Jahn
Yes
Kefalas
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







05:39 PM -- SB 17-133



Senator Tate asked the committee to postpone Senate Bill 17-133 indefinitely.

BILL: SB17-133
TIME: 05:41:49 PM
MOVED: Tate
MOTION: Postpone Senate Bill 17-133 indefinitely. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Jahn
Yes
Kefalas
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



05:43 PM -- SB 17-155



Senator Tate introduced Senate Bill 17-155, concerning the definition of a construction defect. The bill defines a construction defect as a defect in the design or construction of any improvement to real property that causes damages to or the loss of use of personal property, or causes personal injury.



05:44 PM --
Jonathan Harris, Build Our Homes Right, spoke in opposition to the bill. He responded to questions from the committee.



06:00 PM



Senator Neville laid the bill over for action at a later date.



06:00 PM -- SB 17-276



Senator Neville introduced Senate Bill 17-276, concerning methods to alleviate the fiscal impact of state regulations on small businesses. The bill requires that when a small business commits a first-time, minor violation of certain administrative rules, state agencies must notify the small business in writing of the violation, including steps needed to correct the violation, and allow 30 business days to address the violation. If the business fails to address the violation within that period, the agency may impose a fine.



06:01 PM --
Kjersten Forsyth, AFL-CIO, spoke in opposition to the bill. She responded to questions from the committee.



06:08 PM



Senator Neville responded to comments from the committee.













06:13 PM --
Tony Gagliardi, National Federation of Independent Businesses, spoke in favor of the bill. He responded to questions from the committee.



06:16 PM --
Loren Furman, Colorado Association of Commerce and Industry, spoke in favor of the bill. She responded to questions from the committee.



06:23 PM



Senator Neville responded to the previous testimony.

BILL: SB17-276
TIME: 06:24:51 PM
MOVED: Neville T.
MOTION: Refer Senate Bill 17-276 to the Committee of the Whole. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Jahn
Yes
Kefalas
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



06:27 PM



The committee adjourned.


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