H_SA_2018A 02/14/2018 01:34:20 PM Committee Summary

Representative Neville, bill sponsor, presented House Bill 18-1113. Under current law, state agencies are generally authorized by the Administrative Procedures Act (APA) to initiate an enforcement action when an individual or business violates an administrative rule. The bill creates special enforcement provisions under the APA that apply to small businesses employing 100 or fewer employees following a minor violation of an administrative rule.

A state agency must issue a written warning for a first-time minor violation and perform outreach that informs the offending business on how to comply with the new rule. The state agency must distribute its fact sheets to any business that violates a new rule, including both minor violations and other violations.

Representative Neville answered questions from the committee.

Theresa Conley, Conservation Colorado, testified in opposition to the bill. Ms Conley answered questions from the committee.

Tony Gagliardi, National Federation of Independent Business, testified in support of the bill. Mr. Gagliardi answered questions from the committee.

Bre Andrews, Colorado AFL-CIO, testified in opposition to the bill. Ms. Andrews answered questions from the committee.

Yelana Love, Office of Legislative Legal Services, answered questions from the committee.

Representative Neville made concluding remarks about the bill. Committee members made comments about the bill.

The committee recessed.

The committee came back to order.

Representative Bridges and Representative Wist, co-prime bill sponsors, presented House Bill 18-1128. The bill makes changes related to the handling of personally identifying information and required procedures and notifications if this information is breached.

 

The bill requires each public and private entity in the state that maintains paper or electronic documents that contain personally identifying information to develop a written policy for the disposal of such records.  Unless otherwise required by federal law, this policy must require the destruction of these records in a manner that ensures the personally identifying information is unreadable through any means.

 

A person who maintains, owns, or licenses personally identifying information or uses a third party as a service provider must implement and maintain appropriate security procedures to protect personally identifying information from unauthorized access.

 

An individual or commercial entity is required to provide notice to the Colorado Attorney General within seven days if unencrypted or encrypted computerized data is breached and the breach is believed to impact 500 or more Colorado residents.  The Attorney General is authorized to investigate and prosecute the breach upon receipt of this notice.

 

Amendments L.003 [Attachment A], a strike-below amendment, and amendments L.005, L.006, and L.008 [Attachments B to D], all of which amended L.003, were distributed to the committee.

Representative Bridges and Representative Wist answered questions from the committee.

Clifford Riedel, Colorado District Attorneys' Council and 8th Judical District, testified in opposition to the bill. He provided the committee with a packet of letters of opposition from the 5th Judicial District, 6th Judicial District, 11th Judicial District, 12th Judicial District, and 22nd Judicial District  [Attachment E].

George Brauchler, Colorado District Attorneys' Council and 18th Judicial District, testified in opposition to the bill.

District Attorney Brauchler and District Attorney Riedel answered questions from the committee.

Committee discussion with District Attorney Brauchler and District Attorney Riedel ensued.

Rob Shapiro, Office of the Attorney General, testified in support of the bill.  Mr. Shapiro answered questions from the committee.

Todd Olinger, Colorado Bar Association, testified on the bill. He stated that his organization is opposed to the bill as introduced, and that the Colorado Bar Association is currently reviewing amendment L.003.

Joshua Ewing, Colorado Hospital Association, testified against the bill as introduced. He stated that his organization is currently reviewing amendment L.003.

Mr. Ewing and Mr. Olinger answered questions from the committee. Representative Wist made comments to the committee.

Mr. Olinger answered further questions from the committee.

Danny Katz, Colorado Public Interest Research Group, testified in support of the bill.

Eric Bergman, Colorado Counties, Inc., testified on the bill in a neutral capacity.

Rich Jones, The Bell Policy Center, testified in support of the bill. Mr. Jones answered questions from the committee.

Loren Furman, Colorado Association of Commerce and Industry, testified in support of the bill.

Larry Hudson, Colorado Association of Commerce and Industry, testified in support of the bill.

Mr. Hudson and Ms. Furman answered questions from the committee.

Alissa Gardenswartz, Office of the Attorney General, testified in support of the bill.

David Stauss, representing himself, testified on the bill in a neutral position. Mr. Stauss answered questions from the committee.

The committee recessed.

The committee came back to order.

Representative Foote made comments about the amendment phase.

Representative Bridges explained amendment L.005 [Attachment B].

Representative Bridges explained amendment L.006 [Attachment C].

Representative Foote explained amendment L.008 [Attachment D]. Committee members discussed amendment L.008. Representative Wist made comments to the committee concerning amendment L.008.

Representative Wist and Representative Bridges made concluding remarks about the bill.  Committee members made comments about the bill.

Representative Everett, bill sponsor, presented House Bill 18-1111. The bill authorizes members of the Colorado Public Employees' Retirement Association (PERA) board of trustees to review all records and information within the custody and control of PERA. Upon request, PERA must provide full and timely access to any records or information requested by a trustee.  The trustee may not use the records or information for personal reasons and PERA is prohibited from denying a request for any reason. Trustees are responsible for any reasonable costs associated with providing the records.  The bill also modifies the composition of the 16-member PERA board to eliminate one State Division trustee position; eliminate three School Division trustee positions; and to require the State, School, Local Government, and Judicial Division trustees elected after January 1, 2019, to be at least 20 years from retirement eligibility.  In place of the four elected members, the bill adds four additional pension experts, appointed by the Governor and confirmed by the Senate.  Trustees must be appointed so that they are representational of ten years of experience in the following seven areas: investment fund management, accounting, securities law, tax law, pension management, actuarial analysis, and financial planning. No more than four of the seven may be from the same political party.

 

Representative Everett provided a handout to the committee [Attachment F].

Joshua Sharf, Independence Institute, testified in support of the bill. Mr. Sharf and Representative Everett answered questions from the committee.

Eileen Bond, Colorado Senior Lobby, testified in opposition to the bill.

Aaron Israels, Israels and Newman, PLC, testified in support of the bill.

Ron Baker, Colorado PERA, testified in opposition to the bill. Mr. Baker answered questions from the committee.

Ryan Parsell, Office of the Treasurer, testified in support of the bill.  He read a letter from Colorado Treasurer Walker Stapleton.  Mr. Parsell answered questions from the committee.

Kris Tower, Financial Planning Association of Colorado and Financial Planning Coalition, testified in support of the bill and suggested potential amendments to the bill.  He referenced a written statement that he provided to the committee members prior to the meeting.

Lloyd Barger, representing himself, testified on the bill.

Representative Everett explained amendment L.002 [Attachment G].

Representative Everett made concluding remarks about the bill.  Committee members commented on the bill.

Representative Arndt, bill sponsor, presented House Bill 18-1138. The bill creates a single uniform text for an oath or affirmation taken by public officials in the state. It also establishes requirements necessary to administer an oath or affirmation.  Representative Arndt distributed amendment L.001 [Attachment H].

Kip Kolkmeier, Office of Legislative Legal Services, answered questions from the committee.  Representative Arndt answered questions from the committee.

Evan Goulding, Special District Association of Colorado, testified in support of the bill and answered questions from the committee.

The committee discussed amendment L.001 with Representative Arndt. 

Representative Arndt answered questions from the committee.

Mr. Kolkmeier answered questions from the committee.

Representative Arndt made concluding remarks regarding the bill.

Representative Lontine presented House Bill 18-1047.  The bill concerns technical modifications to the "Fair Campaign Practices Act" to facilitate its administration.  The committee heard testimony on the bill on January 31, 2018.  Representative Lontine explained amendments L.001, L.002, and L.003 [Attachments I to K].

Representative Benevidez made comments regarding amendment L.003. Representative Lontine answered questions from the committee.

Representative Lontine made concluding remarks about the bill.  Committee members commented on the bill.  Representative Lontine responded to comments from the committee members.

Representative Williams, bill sponsor, presented House Bill 18-1063, and requested that the bill be postponed indefinitely.  The bill concerns a consumer's right to control the information contained in the file that a consumer reporting agency has on the consumer.  The committee heard testimony on the bill on February 7, 2018.