Bill Summary for Bill Number HB10-1149

Date: 02/25/2010

Final
BILL SUMMARY for HB10-1149

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View-->	Action Taken:
Moved to adopt prepared amendment L.003 (Attachmen Moved to adopt prepared L.001 (Attachment BB). Th Moved to refer House Bill 10-1149, as amended, to	Pass Without Objection Pass Without Objection PASS

08:02 PM -- House Bill 10-1149

The committee reconvened. Representative Hullinghorst presented House Bill 10-1149 which clarifies and updates several provisions concerning radiation control laws. She spoke to amendments L.001 and L.003 (Attachments BB and CC). Representative Gerou asked if any members of the industry were in opposition to the bill. Representative Hullinghorst referred to a letter in support of the bill from the Colorado Dental Association (Attachment DD).

08:08 PM -- Gary Baughman, Director, Hazardous Waste and Environment Management, Environment Programs, Colorado Department of Public Health and Department, testified in support of the bill. He described the bill to the committee. He stated that the bill changes the definition of the term "ionizing radiation" to "radiation." He stated that Section 2 of the bill updates various language and removes the term 'ionization' from the statute. He stated that the bill specifies that the State Board of Health may charge a fee for application processing for radiation control services and that the fees are to cover the direct and indirect costs of those services. He stated that the bill clarifies that radiation machines be consistent with federal law and includes minimum standards for the machines and the individuals who inspect them. Mr. Baughman explained the penalty process that may be applied to a violator. Committee members discussed the definition of ionizing radiation.

08:27 PM -- Brian Vamvakis, Colorado Department of Public Health and Environment, came to the table to respond to Representative Kerr's question regarding the definition of ionizing radiation. Mr. Baughman responded to Representative Gerou's question regarding whether the division had reappropriated any funds by stating that no, the division is cash funded.

08:39 PM

Committee discussion ensued regarding increasing the penalty amount for violators of the law.

08:43 PM -- Martha Rudolph, Executive Director, Colorado Department of Public Health and Environment, responded to Representative Robert's question regarding the process of applying penalties to violators of the law or those who are found not to be in compliance. Mr. Vamvakis responded to Representative Kerr's question regarding the type of industries that may be in violation of a radiation law stating that the mining industry, the oil and gas industry, or any pipe line that would be under some type of pressure are some examples.

09:02 PM

Mr. Baughman continued to describe the bill to the committee.

09:12 PM -- Dianna Orf, Colorado Mining Association, stated the Mining Association is neutral to the bill. She expressed some concern regarding the penalties that may be assessed. She stated that the department was open to working with her regarding the Mining Association's concerns. She stated that they would like to request that the practice of assessing penalties be described in regulation.

09:20 PM

Representative Hullinghorst provided concluding remarks to the bill.


BILL:	HB10-1149
TIME:	09:22:00 PM
MOVED:	Kefalas
MOTION:	Moved to adopt prepared L.001 (Attachment BB). The motion passed without objection.
SECONDED:	Primavera
		VOTE
	Acree
	Apuan
	Gerou
	Kefalas
	Kerr J.
	Primavera
	Roberts
	Swalm
	Tyler
	Gagliardi
	Riesberg

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1149
TIME:	09:23:19 PM
MOVED:	Kefalas
MOTION:	Moved to adopt prepared amendment L.003 (Attachment CC). The motion passed without objection.
SECONDED:	Primavera
		VOTE
	Acree
	Apuan
	Gerou
	Kefalas
	Kerr J.
	Primavera
	Roberts
	Swalm
	Tyler
	Gagliardi
	Riesberg

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1149
TIME:	09:24:01 PM
MOVED:	Tyler
MOTION:	Moved to refer House Bill 10-1149, as amended, to the Committee on Appropriations. The motion passed on a 10-1 roll call vote.
SECONDED:	Gagliardi
		VOTE
	Acree	Yes
	Apuan	Yes
	Gerou	Yes
	Kefalas	Yes
	Kerr J.	No
	Primavera	Yes
	Roberts	Yes
	Swalm	Yes
	Tyler	Yes
	Gagliardi	Yes
	Riesberg	Yes

Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:26 PM

The Chair noted that committee will begin at 2:30 PM on Monday, March 1, 2010. The committee adjourned.