s_jud_2018a_2018-02-14t13:33:26z2 Hearing Summary

Senator Moreno explained SB 18-062 concerning liability limits in snow and ice removal contracts.  He emphasized that small, family owned businesses are bearing the brunt of liability in slip and fall and other snow and ice related cases. 

Mary Kay Hogan, representing King Soopers/Kroger, spoke in opposition to the bill.  She explained that parties should be able to determine the terms of their contracts. 

Ted Leighty, representing Colorado Association of Home Builders, spoke in opposition to the bill. He raised freedom of contract issues and answered questions from the committee about why the bill is not considered pro-business.

Nick Colglazier, representing Colorado Competitive Council, spoke in opposition to the bill.  He reported that it attempts to limit the freedom of contracts between sophisticated industries.  He argued that the bill takes away flexibility.  

Discussion followed regarding who is responsible or liable in the time period between the snowstorm and when the snow removal companies are able to make it to their job site. 

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Kevin Gilbride, representing Accredited Snow Contractors Association, spoke in support of the bill.  He explained that the bill does not eliminate liability but rather enables snow removal companies to not take on the liability of the property owner. 

Kimberly Jewell, Snow Management Services, spoke in favor of the bill.  She discussed insurance issues and risk. 

Shanae Dix, representing CAM Services, testified in support of the bill.  She discussed liability, insurance issues.  full-time employees, and thresholds for snow removal services to kick in.

Chad Lunde, representing Martinson Snow Removal Services, testified in favor of the bill.  He explained that insurance for snow removal services is costly, and that it is mainly to cover slip and fall problems.  He further reported on court costs and depositions.  He discussed contracts in which businesses will not pay unless a certain amount of snow is on the ground but will require snow removal companies to assume liability if something happens regardless. 

Matt Harmon, representing Denver Commercial Property Resources, testified in support of the measure.  He explained that long standing customers are changing contracts and requiring snow removal companies to assume risk.  He also discussed safety issues. 

The committee discussed lawsuits and the impact the bill would have on them, if any. 

Senator Moreno made closing remarks.