Date: 01/27/2009

Final
BILL SUMMARY for HB09-1091

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes: View--> Action Taken:
Moved amendment L.006 (Attachment A). The motion
Moved amendment L.007 (Attachment B). The motion
Moved amendment L.008 (Attachment C). The motion
Moved amendment L.009 (Attachment E). The motion
Moved amendment L.011 (Attachment D). The motion
Moved to refer House Bill 09-1091, as amended, to 		Pass Without Objection
Pass Without Objection
Pass Without Objection
TIE
FAIL
PASS



09:52 AM -- House Bill 09-1091

Representative Soper and Representative Court, prime sponsors, presented House Bill 09-1091 concerning a requirement that carbon monoxide alarms be installed in residential properties that was previously heard on January 13, 2009. This bill requires that all single and multi-family dwellings sold after July 1, 2009, be equipped with carbon monoxide alarms near bedrooms if the dwelling has:

Further, the bill requires that any building permit issued for new construction of a single or multi-family dwelling, including rental properties, be subject to the same provisions.

The bill establishes requirements for the maintenance and installation of alarms in rental properties and requires that prior to renting to a new tenant a landlord must replace or repair an existing alarm, as needed. A multi-family rental building may be installed with an alarm near the central heating unit in the building if the alarm is able to notify a responsible person. The bill permits a local government to set more stringent requirements for the installation of alarms. Finally, the bill grants immunity from liability to any person who properly installs or maintains a carbon monoxide alarm.


09:54 AM

Representative Balmer asked the sponsors to address his concern of having a state building code law. Representative Soper stated that some of the amendments address that concern.
BILL:HB09-1091
TIME: 09:57:24 AM
MOVED:Soper
MOTION:Moved amendment L.006 (Attachment A). The motion passed without objection.

09HouseBus0127AttachA.pdf
SECONDED:Balmer
VOTE
Balmer
Bradford
Gagliardi
Liston
Priola
Ryden
Scanlan
Soper
Stephens
Casso
Rice
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB09-1091
TIME: 09:59:36 AM
MOVED:Soper
MOTION:Moved amendment L.007 (Attachment B). The motion passed without objection.

09HouseBus0127AttachB.pdf
SECONDED:Balmer
VOTE
Balmer
Bradford
Gagliardi
Liston
Priola
Ryden
Scanlan
Soper
Stephens
Casso
Rice
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


10:00 AM

Representative Liston asked about the International Building Code that is set to adopt a carbon monoxide detector requirement soon. Representative Soper confirmed that rule would come into effect in March.
BILL:HB09-1091
TIME: 10:02:35 AM
MOVED:Soper
MOTION:Moved amendment L.008 (Attachment C). The motion passed without objection.

09HouseBus0127AttachC.pdf
SECONDED:Balmer
VOTE
Balmer
Bradford
Gagliardi
Liston
Priola
Ryden
Scanlan
Soper
Stephens
Casso
Rice
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


10:03 AM

Representative Balmer discussed amendment L.011 which would add dormitories, living halls, or apartments of a state college or university to the carbon monoxide requirements in the bill. A discussion ensued over whether to include state colleges or universities in the bill without talking to them first and the fiscal impact adding them might have on the bill.
BILL:HB09-1091
TIME: 10:04:56 AM
MOVED:Balmer
MOTION:Moved amendment L.011 (Attachment D). The motion failed 6-5.

09HouseBus0127AttachD.pdf
SECONDED:Priola
VOTE
Balmer
Yes
Bradford
Yes
Gagliardi
No
Liston
Yes
Priola
Yes
Ryden
No
Scanlan
No
Soper
No
Stephens
Yes
Casso
No
Rice
No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


10:22 AM

Representative Liston discussed amendment L.009 which would add the Colorado School for the Deaf and the Blind to the carbon monoxide requirements in the bill. A discussion ensued over whether to include the school in the bill without talking to them first and the fiscal impact adding them might have on the bill. Representative Liston withdrew amendment L.009.
BILL:HB09-1091
TIME: 10:23:06 AM
MOVED:Liston
MOTION:Moved amendment L.009 (Attachment E). The motion was withdrawn.

09HouseBus0127AttachE.pdf
SECONDED:Balmer
VOTE
Balmer
Bradford
Gagliardi
Liston
Priola
Ryden
Scanlan
Soper
Stephens
Casso
Rice
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: WITHDRAWN


10:24 AM

Representative Liston talked about amendment L.010 that he said he will not offer in committee which would add state nursing homes to the bill as well. Representative Balmer said there are five state nursing homes in the state for veterans and that he feels that should be looked at that in the future. Representative Balmer expressed concerns that the bill allows local governments to only pass a more stringent carbon monoxide laws, but not a less stringent. Representative Soper stated that one of the earlier amendments that passed addressed this issue and said the amendment changed the bill to say "or local government ordinance" on page six. Representative Balmer felt that page nine should be changed as well. A discussion ensued about whether page 9 needs to be changed to be consistent with page 6. Representative Court said she asked the drafter to look into it. Representative Liston discussed adding the additional entities that were brought up earlier in amendments L.009, L.010, and L.011 to the bill later in the process. Representative Scanlan pointed out that the bill in meant to be a starting place. Representative Stephens said she believes the bill can be funded to accommodate adding the entities provided in amendments L.009, L.010, and L.011. Representative Rice thanked the witnesses that presented to the committee at the January 13 meeting.
BILL:HB09-1091
TIME: 10:49:01 AM
MOVED:Soper
MOTION:Moved to refer House Bill 09-1091, as amended, to the Committee of the Whole. The motion passed 9-2.
SECONDED:Casso
VOTE
Balmer
No
Bradford
No
Gagliardi
Yes
Liston
Yes
Priola
Yes
Ryden
Yes
Scanlan
Yes
Soper
Yes
Stephens
Yes
Casso
Yes
Rice
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS