Date: 02/06/2006

Final
BILL SUMMARY for HB06-1126

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Adopt L.002 (Attachment B). The motion passed wit
Adopt L.003 (Attachment C). The motion passed 9-4
Adopt L.004 (Attachment D). The motion passed wit
Adopt L.005 (Attachment E). The motion passed wit
Adopt L.008 (Attachment F). The motion passed 7-6
Refer the bill, as amended, to the Committee of th		Pass Without Objection
PASS
Pass Without Objection
Pass Without Objection
PASS
PASS


01:38 PM -- House Bill 06-1126

Representative Green, sponsor, presented the bill regarding the safety of children's products. Amendments L.001 through L.005 and L.008 were distributed to members (Attachments A through F). She answered questions about child care providers using unsafe children's products, the bill's provisions regarding retrofitting unsafe products, and the bill's applicability to consignment and used product dealers. She stated the bill targets manufacturers. It is very difficult to apply the bill's provisions to used products retailers and garage sales. Representative Green discussed the use of the term "knowingly" in the bill. She stated that without a paper trail to indicate someone knowingly offers unsafe products to children, violation of the proposed law would be difficult to prove. Representative Green answered questions about reports to district attorneys general and legal damages allowed by the bill.

The following persons testified.

02:10 PM -- Linda Ginzel, Kids in Danger, discussed her young son's death due to a defective crib. She distributed a folder of information to members (a copy was not made available to staff). She stated seven states have adopted legislation similar to HB 1126. She discussed the number of children's products that have been recalled because they are unsafe. She stated the problem of unsafe children's products must be addressed in many different ways.

02:21 PM -- Chris Howes, Colorado Retail Council, discussed amendments to the bill. He stated he will have no objections to the bill if certain amendments are adopted. He answered questions about the bill's provisions regarding retrofitting unsafe products and retailers' civil liability.

02:29 PM -- Jeff Weist, Colorado Civil Justice League, discussed problems associated with "overlabeling" of consumer products. He stated the bill, as introduced, would have resulted in overlabeling. Proposed amendments will fix that problem. He answered questions about the bill's impact on manufacturers' liability and possible legal damages allowed under the bill.

02:35 PM -- Richard Randall, Intertech Labtest, discussed certification of consumer products and unsafe children's products. He stated he would prefer the bill to be more voluntary in nature. He answered questions about how the safety of children's products is determined.

02:46 PM -- Glenn Aaron, Kids in Danger, discussed problems with children's products that are certified to be safe. He talked about failure rates of such products. He stated cribs are particularly likely to be unsafe.

02:52 PM -- Zach Ford, Colorado Child Care Association, stated his support for an amended version of the bill. He stated there is not currently a uniform means for communicating with child care providers regarding such things as unsafe products.

02:55 PM -- Debbie Streeter, citizen, discussed recalls of children's products. She stated a recent recall of a children's bed required only one of two manufacturers to take action. She discussed auctions of used children's products and the safety of old car seats.


03:01 PM
BILL:HB06-1126
TIME: 03:03:26 PM
MOVED:Green
MOTION:Adopt L.003 (Attachment C). The motion passed 9-4.
SECONDED:Cloer
VOTE
Berens
Yes
Clapp
No
Cloer
Yes
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
No
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Not Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:06 PM

Representative Green discussed L.004.
BILL:HB06-1126
TIME: 03:06:36 PM
MOVED:Green
MOTION:Adopt L.004 (Attachment D). The motion passed without objection.
SECONDED:Cloer
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


03:07 PM

Representative Green discussed L.005. She stated the bill adds clarity to the bill.
BILL:HB06-1126
TIME: 03:07:45 PM
MOVED:Green
MOTION:Adopt L.005 (Attachment E). The motion passed without objection.
SECONDED:Clapp
VOTE
Berens
Clapp
Cloer
Green
Lundberg
McGihon
Riesberg
Soper
Stafford
Sullivan
Weissmann
Frangas
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


03:08 PM

Representative Cloer discussed L.008. He stated the amendment will allow retrofitting of unsafe products.
BILL:HB06-1126
TIME: 03:10:55 PM
MOVED:Cloer
MOTION:Adopt L.008 (Attachment F). The motion passed 7-6.
SECONDED:Green
VOTE
Berens
Yes
Clapp
Yes
Cloer
Yes
Green
No
Lundberg
Yes
McGihon
No
Riesberg
Yes
Soper
No
Stafford
Yes
Sullivan
Yes
Weissmann
No
Frangas
No
Boyd
No
Not Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:13 PM

Committee members commented on the bill. Representative Green stated the bill does not apply to toys or families' use of unsafe children's products.
BILL:HB06-1126
TIME: 03:19:06 PM
MOVED:Green
MOTION:Refer the bill, as amended, to the Committee of the Whole. The motion passed 10-3.
SECONDED:Sullivan
VOTE
Berens
Yes
Clapp
No
Cloer
Yes
Green
Yes
Lundberg
No
McGihon
Yes
Riesberg
Yes
Soper
Yes
Stafford
No
Sullivan
Yes
Weissmann
Yes
Frangas
Yes
Boyd
Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS