Date: 01/21/2009

Final
BILL SUMMARY for SB09-064

SENATE COMMITTEE ON EDUCATION

Votes: View--> Action Taken:
Moved amendment L.001 (Attachment C). The motion
Moved an amendment to page 2, line 22, of the bill
Moved Senate Bill 09-064, as amended, to the Commi
Recommend that Senate Bill 09-064 be placed on the
Pass Without Objection
TIE
PASS
TIE



09:34 AM -- Senate Bill 09-064

Senator King, sponsor of Senate Bill 09-064, presented his bill. The bill permits cities and counties to perform plumbing and electrical inspections on public school buildings, so long as the inspectors have achieved either journeymen or master licenses in their trades. Senator King explained the issue the bill addresses, explaining that under current law, plumbing and electrical inspections must be conducted by a state inspector.


09:37 AM

The following persons testified:


09:37 AM --
Mark Hyatt, from the Classical Academy, testified in support of the bill. Mr. Hyatt provided a handout regarding the building permit process for schools (Attachment B). Mr. Wyatt described the issues being faced at his school around inspections of the new building being built to house the school. Senator Hudak asked if the current or proposed process effects school district schools differently than charter schools. Mr. Hyatt clarified that the bill effects the process for all public schools, not just charters. Senator King responded to a question from Senator Bacon about construction delays caused by state inspections. Senator Bacon asked if legislation or rule changes had been contemplated to address these inspection-related construction delays. Senator King said the bill should reduce the workload of the inspectors in the Department of Regulatory Agencies (DORA). Senator King and Mr. Hyatt said four to five weeks could have been saved in the construction of Mr. Hyatt's school if regional inspections had been allowed.

090121AttachB.pdf


09:43 AM

Senator Hudak asked Senator King about the impact of the bill in rural areas. Senator King explained that it would enhance opportunities to work locally on permits and inspections. Senator King also mentioned cost savings that might be realized if construction delays were alleviated.


09:44 AM --
Greg Wheeler, representing the Colorado Chapter of the International Code Council and the City of Thornton, testified in support of the bill. Mr. Wheeler said the bill goes hand in hand with House Bill 08-1027, which gave the Division of Oil and Public Safety the authority to delegate to local jurisdictions if the school district so desired. He explained that, with a proposed amendment, the code used for schools would be the same across the state, making it similar to other statewide agreements. Senator Hudak asked if there is an availability of people in all areas of the state to do these inspections. Mr. Wheeler said yes, in most areas, but clarified that areas without local departments would have to continue to rely on the Division of Oil and Public Safety and DORA. Senator Hudak asked whether the school or district could decide whether a state or local inspector would do the inspection. Mr. Wheeler responded that the district would continue to decide, and he provided additional information on the inspection process.


09:48 AM --
Angie Kinnaird Linn, DORA, came to the table to answer questions. Senator Hudak asked about DORA's oversight of local inspectors. Ms. Kinnaird Linn said the local jurisdiction would choose to opt out of the state inspection program. Once they choose to opt-out, she said, the state would not have oversight over those inspections. She said the local jurisdiction would be obligated to follow the code. Beyond that, she explained, a complaint may be filed, but said there is not direct oversight by the state electrical or plumbing board. Senator Bacon commented that limited resources from the state have slowed down construction, and that if the local jurisdiction can meet districts' needs, it is good legislation.


09:51 AM

Senator King explained the qualifications that must be met by inspectors, saying the quality of the inspection will not change. Senator Romer commented that districts will likely save money in construction if they can get faster inspections. Senator Hudak asked Ms. Kinnaird Linn to explain the difference between certified plumbers and licensed plumbers. Senator King responded, providing clarification to the level of licensure. Ms. Kinnaird Linn said the licensing process is under the purview of the state. Ms. Kinnaird Linn said Mr. Wheeler could better respond to Senator Hudak's question.


09:54 AM

Mr. Wheeler returned to the table to respond to Senator Hudak's question about the difference between certified and licensed inspectors. He explained the licensure and certification process. Certification, he explained, is a national program, not a state program. Senator King responded to additional questions from Senator Hudak about the language in the bill specifying that plumbing inspectors must be licensed as journeymen or master plumbers to perform inspections. Senator King explained that this language enhances the inspection process and was a recommendation from DORA.


09:58 AM

Senator King spoke to a proposed amendment, saying it would allow inspectors to use the Colorado code rather than the national code.
BILL:SB09-064
TIME: 09:59:39 AM
MOVED:King K.
MOTION:Moved amendment L.001 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Groff
Excused
Heath
Excused
Hudak
King K.
Kopp
Spence
Excused
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection

090121AttachC.pdf

10:00 AM

Senator King explained that electrical codes are standardized, unlike the plumbing, which has both a state and national code. He responded to committee questions clarifying the differences between the codes. Senator Hudak discussed a comment she had from a county commissioner, which prompted her proposed amendment to page two of the bill. Mr. Wheeler returned to the table to respond to Senator Hudak's concern. Conversation between Senator Hudak and Mr. Wheeler on this issue continued.

BILL:SB09-064
TIME: 10:00:53 AM
MOVED:Hudak
MOTION:Moved an amendment to page 2, line 22, of the bill. After "SCHOOL", insert "PERFORMING". The motion was withdrawn.
SECONDED:
VOTE
Groff
Excused
Heath
Excused
Hudak
King K.
Kopp
Spence
Excused
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: TIE

BILL:SB09-064
TIME: 10:05:51 AM
MOVED:King K.
MOTION:Moved Senate Bill 09-064, as amended, to the Committee of the Whole. The motion passed on a 5-0-3 vote.
SECONDED:
VOTE
Groff
Excused
Heath
Excused
Hudak
Yes
King K.
Yes
Kopp
Yes
Spence
Excused
Romer
Yes
Bacon
Yes
Final YES: 5 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS


BILL:SB09-064
TIME: 10:06:27 AM
MOVED:Kopp
MOTION:Recommend that Senate Bill 09-064 be placed on the consent calendar. Senator Hudak objected, so the motion was withdrawn.
SECONDED:
VOTE
Groff
Excused
Heath
Excused
Hudak
King K.
Kopp
Spence
Excused
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: TIE




10:07 AM

The committee adjourned.