Date: 01/31/2006
Final
BILL SUMMARY for HB06-1157
HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS
| Votes: View--> | Action Taken: |
| <none> | <none> |
01:48 PM
Senator Tupa, chairman, called the committe to order. He addressed the body and explained that the committee today will not take any final actions today.
01:51 PM
Senator Tapia, prime sponsor, reviewed the provions of House Bill 06-1148 concerninng a prohibition against the shifting of financial responsibility for negligence in construction agreements. He reviewed the history of the bill, which passed the pervious year to be vetoed by the Governor. He compared the provisions of HB06-1148 with HB06-1077 (to be heard later in the afternoon). Senator Johnsons asked about the shifting of responsibility.
01:59 PM -- Theresa Weramount, representing the Colorado Reform Coalition, testified against the bill. She testified that the majority of contracts deal with sole neglegence, this is the problem in the industry that needs to be dealt with. She said they are asking that everyone take responsibility.
02:06 PM -- Roger Bulow, representing States Mutual Casual Company, testified in support of the bill. He said the bill makes it public policy to assign neglegency to subcontractors. He said this has already happened for public contatractors and should also be allowed for private contracts. He distributred a document (Attachment B).
02:11 PM -- Mark Fisher, representing Green Co, testified in support of the bill. He said this bill will help avoid law suites, and promote competition. He said it is unethical to ask others to be responsibile for another parites negligelable actions.
02:14 PM -- Diane Hill, representing Dimond Excavating, testified in support of the bill. She spoke an inciedent that happen in her company dealing with idenmity. She does not want to have to assume responsibility for another contractor or subcontractor's neglegence.
02:20 PM -- Robert Wilson, representing ZimCorp LLC and the American's subcontractors Associaiton of Colorado, testified in support of the bill. He spoke to the problems with the current state of contracting neglence in Colorado.
02:26 PM -- Nerendor Koomar, representing himself and AEECCO americans ... testified in support of the bill. He spoke to an instances where his buisness was held responsibility for a suite that was not his fault. He said this is a reasonalbe and fair bill.
02:32 PM -- Gill Eggle, representing the American Subtractor Association, testified in support of the bill and distributed handouts (Attachments C, D, and E).
02:40 PM -- Robert Koony, representing himself, testified against the bill. He spoke to the insurance responsibilites.
02:43 PM -- Amy Howkins, representing herself, testified in supoort of the bill. She spoke to the issue as it relates to small and large buisnesses.
02:47 PM -- Carla Nugget, Wakfeld group contracting and independant electrical contractors, testified in support of the bill. She siad this bill is a necedsssary peice of public policy. She aid this bill provides for prorated neglegence.
02:50 PM -- Rick Rictor, representing Western Pacific netwrok, and Colroado Association of Homebuilders, testified in oppostition to the bill. He spoke to the negative impact this bill would cause to their association. He said any issues related to idemnication should be resolved. He also spoke to the insurance issue surrounding this legislation. He testified that the bill, while attactive to public policy, is not practical.
03:01 PM -- Robert Jackson, African American Custruction Council, testified in oppostition to the bill. He said they support HB1077
03:03 PM -- Dennis Jacabowski, representing the AGC, testified in opposition to the bill. He said there currenly is no major problem in commerical construction surround imdenmity.
03:06 PM -- Mike Williams, representing the Building Owners and Managers Association of Colorado, testified in oppostion to the bill. He spoke to the impact this bill would have on insurance. He said this bill would increase litigation. He also spoke to the unintended consequence of this bill.
03:13 PM
The bill was taken off the table.