Date: 03/20/2006

Final
BILL SUMMARY for SB06-027

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Refer the bill to the Committee of the Whole.
Substitute motion to postpone indefinitely. The m
Substitute motion to refer the bill to the Committ		TIE
PASS
FAIL


05:16 PM -- Senate Bill 06-027

Representative Coleman, sponsor, presented the Audit Committee bill regarding penalties for retail food establishment (e.g., restaurants) violations. She distributed a summary document to members (Attachment M). She stated the bill reduces the number of restaurant inspections before a penalty is assessed and allows health departments to focus on the restaurants who have the most problems. She described the Audit Committee's work and the report that precipitated the bill's provisions.

The following persons testified:

05:26 PM -- Monica Bowers, Office of the State Auditor, answered questions about the necessity for and problems addressed by the bill. She stated the bill is an attempt to streamline the process of restaurant inspections. She answered questions about how many restaurants are subject to three or four inspections. She stated reducing the total number of restaurant inspections is meant to free up inspectors to focus on restaurants with the most problems.

05:35 PM -- Christine O'Donnell, Colorado Restaurant Association, spoke in opposition to the bill. She stated the bill removes due process for restaurants. She stated in 1998 the association helped to craft current law regarding inspections. She stated current law does not need revising but rather needs to be enforced. Ms. O'Donnell answered questions about how the bill eliminates due process. She indicated that it is due to the reduction in the number of inspections before penalties are assessed. Representative Coleman discussed the Auditor's report on restaurant inspections. She stated the audit shows that restaurant inspections are not productive. Ms. O'Donnell asked the committee to consider other less punitive legislation.

05:49 PM -- Pat Ratliff, Colorado Counties, Inc., described the counties as Department of Public Health and Environment contractors who perform a number of health-related services, including restaurant inspections. She stated all but 11 counties perform their own restaurant inspections. She described Larimer County as having the "gold standard" for restaurant inspections.

Representative Weissmann recused himself from voting under House Rule (J) (6).
BILL:SB06-027
TIME: 05:55:46 PM
MOVED:Soper
MOTION:Refer the bill to the Committee of the Whole.
SECONDED:Green
VOTE
Berens
Cloer
Green
Kerr
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE
BILL:SB06-027
TIME: 05:56:23 PM
MOVED:Frangas
MOTION:Substitute motion to refer the bill to the Committee on Local Government. The motion failed 2-10.
SECONDED:Sullivan
VOTE
Berens
No
Cloer
No
Green
No
Kerr
No
Lundberg
No
McGihon
No
Riesberg
No
Soper
No
Stafford
No
Sullivan
Yes
Weissmann
Excused
Frangas
Yes
Boyd
No
Not Final YES: 2 NO: 10 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:SB06-027
TIME: 05:58:29 PM
MOVED:Cloer
MOTION:Substitute motion to postpone indefinitely. The motion passed 7-5.
SECONDED:Stafford
VOTE
Berens
Yes
Cloer
Yes
Green
No
Kerr
Yes
Lundberg
Yes
McGihon
No
Riesberg
No
Soper
No
Stafford
Yes
Sullivan
Yes
Weissmann
Excused
Frangas
No
Boyd
Yes
Final YES: 7 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS