Date: 02/23/2012

Final
BILL SUMMARY for HB12-1165

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved prepared amendment L.001 (Attachment F). The
Moved to postpone indefinitely House Bill 12-1165.
Moved to refer House Bill 12-1165, as amended, to 		Pass Without Objection
PASS
Pass Without Objection



10:38 AM -- House Bill 12-1165

The committee returned to order. Representative S. Schafer, prime sponsor, presented House Bill 12-1165, concerning the disclosure of information about radon hazards in connection with the resale of private residential real property. Committee members received written testimony in support of the bill by Ms. Gloria Linnertz (Attachment D). Representative Schafer provided background regarding her reasons for sponsoring the bill, and explained its effect. She discussed the various parties that have worked on the bill, and explained current requirements in state law pertaining to radon. The following persons testified regarding House Bill 12-1165:

HseState0223AttachD.pdf

10:47 AM -- Ms. Rachel Nance, representing the Colorado Association of Realtors, testified in opposition to the bill. She asserted that current law is sufficient in the area of radon inspection during residential property transactions, and explained the current requirements in law. She also explained how the bill changes current radon disclosure requirements. Ms. Nance discussed how increased radon screening requirements will affect foreclosure sales. Ms. Nance responded to questions regarding the inclusion of radon screenings in the list of acknowledgements that a seller must affirm under current law. Ms. Nance responded to further questions regarding the rate at which detected radon has interfered with property transactions, and the responsibility of buyers in ensuring radon levels in a residence are acceptable.


10:59 AM

Discussion ensued regarding the reliability of radon testing.

11:01 AM -- Mr. Jim Smith, representing himself, testified in opposition to House Bill 12-1165. Mr. Smith explained the instances in which radon may be dangerous, and discussed proper radon testing. He explained how sellers may fraudulently test for radon under the bill, and how the bill may result in the misleading of buyers about the dangers of radon in a property.

11:06 AM -- Dr. Jim Burkhart, representing himself, testified in support of the bill. Dr. Burkhart discussed the efficacy of various radon testing devices, and explained the science behind the testing. Dr. Burkhart responded to questions regarding his area of expertise in radon testing, and discussed the differences among various tests.

11:11 AM -- Ms. Faye Dugan, representing herself and Cancer Survivors Against Radon, testified in support of House Bill 12-1165. Ms. Dugan discussed the health risks of radon, and recounted her experiences in losing a family member to lung cancer. She discussed the importance of radon testing in homes. Ms. Dugan responded to a question about her residence.

11:15 AM -- Ms. Christina and Mr. Eric Bear, representing the Radon Awareness Project, testified in support of the bill. Committee members received a flyer about the Radon Awareness Project (Attachment E). Ms. Bear discussed the dangers of radon in homes, and the efforts of the Radon Awareness Project to educate the public about these dangers. Mr. Bear discussed the importance of clean air, particularly to children, and the dangers of radon. He also discussed the efforts of the Radon Awareness Project. Discussion ensued regarding the outcome of the Radon Awareness Project's educational efforts.

HseState0223AttachE.pdf

11:23 AM -- Dr. Ranee Shenoi, representing herself, testified in support of House Bill 12-1165. Dr. Shenoi discussed the dangers of radon, and explained the benefits of the bill in the area of radon awareness.

11:27 AM -- Ms. Lydia Hayes, representing her family and the Lung Cancer Alliance, testified in support of the bill. Ms. Hayes recounted her experiences with losing a family member to lung cancer, and discussed the radon levels in residence transactions in which she has been involved. She discussed the importance of raising awareness about radon.

11:30 AM -- Mr. Roy Laws, representing Jefferson County Public Health, testified in support of the bill. Mr. Laws discussed deaths associated with radon exposure, and the importance of spreading knowledge about radon dangers. Mr. Laws responded to questions about the death rate in Colorado associated with radon exposure, and levels of human exposure to the gas. Mr. Laws responded to further questions about radon mitigation, and costs associated with mitigation.

11:42 AM -- Discussion ensued regarding the scope of the bill's disclosure requirements.

11:45 AM -- Ms. Dana Dzwonkowski, representing the American Cancer Society, testified in support of House Bill 12-1165. Ms. Dzwonkowski discussed the dangers of radon exposure.

11:48 AM -- Mr. Tom Gonzales, representing the Colorado Association of Local Public Health Officials, testified in support of the bill. Mr. Gonzales discussed efforts in El Paso County to increase residential radon testing. Mr. Gonzales responded to questions regarding the Colorado Association of Local Public Health Officials.

11:51 AM -- Dr. Jim Dale, representing himself and the Colorado Public Health Association, testified in support of House Bill 12-1165. Dr. Dale discussed public knowledge about the dangers of radon, and radon levels that create dangers. He discussed the benefits of the bill in the area of radon awareness, as well as to parties in residential real estate transactions. Dr. Dale responded to questions regarding the death rate in Colorado attributed to radon, and radon resistance in home construction.

12:00 PM -- Mr. Scott Hendrick, representing the National Conference of State Legislatures, testified on the bill from an advisory position. He provided information about radon testing and disclosure requirements in other states.

12:04 PM -- Mr. Curt Huber, representing the American Lung Association, testified in support of House Bill 12-1165. Mr. Huber discussed lung cancer and its association to radon, and the importance of public education about radon. He discussed increasing dangers associated with radon due to improved home construction, and the efficacy of certain types of radon testing. Mr. Huber discussed radon dangers associated with basements, and increased risks associated with both smoking and radon. Mr. Huber also discussed radon mitigation techniques.

12:11 PM -- Mr. Michael Richen, representing Boulder County, testified in support of the bill. Mr. Richen discussed the importance of transparency in home transactions with regard to radon, and radon testing outcomes in Colorado. Mr. Richen responded to questions regarding radon public awareness campaigns in Boulder County.

BILL:HB12-1165
TIME: 12:14:58 PM
MOVED:Todd
MOTION:Moved prepared amendment L.001 (Attachment F). The motion passed without objection.

HseState0223AttachF.pdf
SECONDED:Duran
VOTE
Baumgardner
Casso
Court
Duran
Liston
Todd
Waller
Coram
Kerr J.
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


12:17 PM

The committee recessed.


12:18 PM

The committee returned to order.
BILL:HB12-1165
TIME: 12:18:15 PM
MOVED:Todd
MOTION:Moved to refer House Bill 12-1165, as amended, to the Committee of the Whole with a favorable recommendation.
SECONDED:Court
VOTE
Baumgardner
No
Casso
Yes
Court
Yes
Duran
Yes
Liston
No
Todd
Yes
Waller
No
Coram
No
Kerr J.
No
YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: Fail


BILL:HB12-1165
TIME: 12:36:31 PM
MOVED:Waller
MOTION:Moved to postpone indefinitely House Bill 12-1165. The motion passed on a vote of 5-4.
SECONDED:Coram
VOTE
Baumgardner
Yes
Casso
No
Court
No
Duran
No
Liston
Yes
Todd
No
Waller
Yes
Coram
Yes
Kerr J.
Yes
Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS