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H_JUD_2019A 04/09/2019 01:35:12 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 04/09/2019
Attendance
Benavidez X
Bockenfeld X
Carver X
Galindo X
Gonzales-Gutierrez X
McKean X
Roberts X
Soper X
Tipper X
Herod X
Weissman X
X = Present, E = Excused, A = Absent, * = Present after roll call
Time 01:35:12 PM to 06:37:46 PM
Place HCR 0112
This Meeting was called to order by Representative Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB19-1226 Amended, referred to House Appropriations
HB19-1289 Amended, referred to the Committee of the Whole
HB19-1282 Amended, referred to House Appropriations
HB19-1283 Amended, referred to House Appropriations

HB19-1226 - Amended, referred to House Appropriations


01:35:23 PM  

The committee was called to order. A quorum was present. Representatives Herod and Soper presented House Bill 19-1226, concerning changes to release on bond, and, in connection therewith, the development of a pretrial screening process and administrative order for release without any monetary conditions; creating a presumption of release with the least restrictive conditions and without monetary conditions; specifying the information the court considers when making determinations about type of bond and conditions of release; and a requirement for pretrial services programs throughout the state.  The committee heard testimony on the bill at its March 14 meeting.

01:42:53 PM  

The committee considered amendments L.007 (Attachment A) and L.009 (Attachment B).



01:43:33 PM
Motion Adopt amendment L.009
Moved Soper
Seconded Tipper
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


01:45:53 PM
Motion Adopt amendment L.007
Moved Soper
Seconded Tipper
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
01:45:56 PM  

The committee considered amendments L.008 (Attachment C), L.010 (Attachment D), and L.011 (Attachment E). Committee members received two fact sheets concerning research on assessment tool bias, created by the University of Northern Colorado (Attachments F and G). Discussion ensued regarding this research.



01:53:04 PM
Motion Adopt amendment L.010
Moved Herod
Seconded Soper
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


01:53:25 PM
Motion Adopt amendment L.011
Moved Herod
Seconded Soper
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


01:53:43 PM
Motion Adopt amendment L.008
Moved Herod
Seconded Weissman
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
01:53:46 PM  

Representatives Herod and Soper provided closing remarks in support of HB 19-1226.



02:03:25 PM
Motion Refer House Bill 19-1226, as amended, to the Committee on Appropriations.
Moved Herod
Seconded Soper
Benavidez Yes
Bockenfeld No
Carver No
Galindo Yes
Gonzales-Gutierrez Yes
McKean No
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 8   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1289 - Amended, referred to the Committee of the Whole


02:06:26 PM  

The committee recessed.

02:09:26 PM  

The committee returned to order. Representative Weissman, prime sponsor, presented House Bill 19-1289, concerning the creation of additional protections in the Colorado Consumer Code, and, in connection therewith, enabling enforcement of the "Colorado Consumer Protection Act" for reckless acts and prohibiting certain terms in standard form contracts.  Committee members received a fact sheet supporting the bill (Attachment H), and information compiled by the National Consumer Law Center on consumer deception laws among the states (Attachment I).  Representative Weissman discussed the handouts, and explained the need for the legislation. Discussion ensued regarding examples that point to the lack of consumer protections in current Colorado law, and certain "catch-all" provisions in the bill. Discussion followed regarding the penalties created by the bill.

02:35:49 PM  

Discussion returned to certain "catch-all" provisions in HB 19-1289.

02:42:38 PM  
The committee recessed.
02:45:32 PM  

The committee returned to order. The following persons testified regarading HB 19-1289:

Mr. Danny Katz, representing the Colorado Public Interest Research Group, testified in support of the bill. He discussed some key provisions in the bill.

Ms. T.A. Tambor-Hunt, representing the National Association of Consumer Advocates, testified in support of the bill. Ms. Tambor-Hunt discussed the impact of consumer fraud on the senior and veteran populations.

Mr. Dan Vedra, representing himself, testified in support of the bill. He explained how his law practice interacts with the Colorado Consumer Protection Act. Discussion ensued regarding what constitutes an abusive act in the realm of consumer protection, and the potential impact of the bill on the outdoor recreation industry.

03:07:46 PM  

Attorney General Phil Weiser testified in support of the bill. He discussed some loopholes in law that allow consumer fraud. Attorney General Weiser responded to questions regarding what constitutes a "significant public impact," and the bill's catch-all provisions. Attorney General Weiser responded to further questions regarding prosecution of consumer fraud by the Department of Law.

03:35:56 PM  

Representative Weissman responded to questions raised during earlier conversation.

Mr. Adam Paul, representing the City of Lakewood, the Colorado Municipal League, the Metro Mayors Caucus, and the City of Denver, testified in opposition to HB 19-1289. Mr. Paul suggested removing section 4 of the bill, and discussed the need for affordable housing.

Ms. Kathie Barstnarr, representing the Commercial Real Estate Development Association, CREA, and HOA, testified in opposition to the bill. She noted the positions of certain stakeholders on the bill.

Mr. John Sands, representing himself, testified in opposition to the bill. Mr. Sands discussed the impact of consumer protection lawsuits on small businesses. Mr. Sands responded to questions regarding states that allow consumer protection suits without public impacts.

03:53:05 PM  

Ms. Jenifer Waller, representing the Colorado Bankers Association and the Colorado Mortgages Lenders Association, testified in opposition to HB 19-1289. Ms. Waller explained why the bill may put certain private entities out of compliance with federal law, and expressed concerns with other provisions in the bill.

Mr. Scott Wilkinson, representing the Colorado Association of Homebuilders, testified in opposition to the bill. Mr. Wilkinson discussed factors that drive housing prices. He spoke in support of a forthcoming amendment. Mr. Wilkinson responded to questions regarding the catch-all provisions in HB 19-1289.

04:12:29 PM  

Mr. Ian Cohn, representing himself, testified in support of HB 19-1209. Mr. Cohn discussed the impact of consumer fraud on veterans.

Ms. Sara Gagliardi, representing the Colorado Alliance for Retired Americans, testified in support of the bill.

Ms. Valerie Schlecht, representing the Colorado Cross-Disability Coalition, testified in support of the bill.

04:22:01 PM  

Mr. Jan Zavislan, representing the Colorado Attorney General's Office, testified in support of HB 19-1289. Mr. Zavislan addressed issues raised during earlier conversation. Mr. Zavislan responded to questions regarding the catch-all provisions in the bill. Discussion ensued on these points.

04:56:06 PM  

The committee considered amendment L.011 (Attachment J).



04:57:58 PM
Motion Adopt amendment L.011
Moved Weissman
Seconded McKean
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:58:21 PM  

The committee considered amendment L.002 (Attachment K).

05:00:43 PM  

The committee recessed.

05:03:03 PM  

The committee returned to order. The committee considered amendment L.002 and a conceptual amendment thereto. The committee recessed.



05:06:34 PM
Motion This is a conceptual amendment
Moved Weissman
Seconded McKean
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Withdrawn


05:07:05 PM
Motion Adopt a conceptual amendment to amendment L.002, page 1, strike line 2 and substitute "Page 3, strike lines 21 through 23.".
Moved McKean
Seconded Tipper
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


05:07:39 PM
Motion Adopt amendment L.002 as amended
Moved McKean
Seconded Tipper
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:08:36 PM  

The committee considered amendment L.014 (Attachment L).

05:16:44 PM  

Representative Weissman provided closing remarks in support of HB 19-1289.



05:16:44 PM
Motion Adopt amendment L.014
Moved McKean
Seconded Carver
Benavidez No
Bockenfeld Yes
Carver Yes
Galindo No
Gonzales-Gutierrez No
McKean Yes
Roberts No
Soper Yes
Tipper No
Herod No
Weissman No
YES: 4   NO: 7   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


05:20:50 PM
Motion Refer House Bill 19-1289, as amended, to the Committee of the Whole.
Moved Weissman
Seconded Gonzales-Gutierrez
Benavidez No
Bockenfeld No
Carver No
Galindo Yes
Gonzales-Gutierrez Yes
McKean No
Roberts Yes
Soper No
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1282 - Amended, referred to House Appropriations


05:21:12 PM  

The committee recessed.

05:32:25 PM  

The committee returned to order. Representatives Singer and Michaelson Jenet, prime sponsors, considered House Bill 19-1282, concerning administration of the Court-appointed Special Advocate (CASA) program.  Representative Singer provided background on the CASA program, and discussed the need for the legislation. Representative Michaelson Jenet explained the effect of the bill. Representative Singer responded to questions regarding certain logistical and procurement issues.

05:40:43 PM  

The following persons testified regarding HB 19-1282:

Ms. Cara Nord, representing the Office of the Child's Representative, testified in support of the bill. Ms. Nord discussed recommendations for her office stemming from a recent audit, and the effect of the bill.

Ms. Jenny Bender, representing CASA, testified in support of the bill. Ms. Bender provided background on her organization.

Ms. Nancy Stewart, representing Colorado CASA, testified in support of the bill.

Mr. Mark Teska, representing the Office of the Child's Representative, made himself available to answer questions. Ms. Nord responded to questions regarding implementing the recommendations of the audit of the office. Ms. Bender responded to questions regarding CASA funding, and oversight of the programming. Discussion ensued on this point.

06:08:47 PM  

The committee considered amendment L.001 (Attachment M).



06:10:01 PM
Motion Adopt amendment L.001
Moved Carver
Seconded Galindo
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:10:02 PM  

Representatives Michaelson Jenet and Singer provided closing remarks in support of HB 19-1282. Various committee members provided their positions on the bill.



06:14:12 PM
Motion Refer House Bill 19-1282, as amended, to the Committee on Appropriations.
Moved Carver
Seconded Galindo
Benavidez No
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 10   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1283 - Amended, referred to House Appropriations


06:14:28 PM  

Representative Roberts, prime sponsor, presented House Bill 19-1283, concerning requiring insurers to disclose certain information concerning insurance policies.  Representative Roberts explained the effect of the bill and discussed its need.  Committee members received amendments L.003 (Attachment N) and L.004 (Attachment O), and a preamended version of the bill (Attachment P). Representative Roberts responded to questions regarding the timing of disclosures.

06:20:12 PM  

The following persons testified regarding HB 19-1283:

Ms. Natalie Brown, representing the Colorado Trial Lawyers Association, testified in support of the bill. Ms. Brown addressed an earlier question, and explained that the bill should cut down on lawsuits.

Ms. Kelly Campbell, representing the American Property and Casualty Insurance Association, testified regarding the bill from a neutral perspective. Ms. Brown responded to questions regarding automobile insurance coverage under a particular fact pattern, and changes made by the amendments. Ms. Brown addressed certain concerns. Ms. Campbell responded to questions regarding privacy.

06:32:00 PM  

The committee considered amendments L.003 and L.004.



06:33:31 PM
Motion Adopt amendment L.003
Moved Roberts
Seconded Galindo
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


06:34:46 PM
Motion Adopt amendment L.004
Moved Roberts
Seconded Galindo
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:34:49 PM  
Representative Roberts provided closing remarks in support of HB 19-1283.


06:37:31 PM
Motion Refer House Bill 19-1283, as amended, to the Committee on Appropriations.
Moved Roberts
Seconded Galindo
Benavidez Yes
Bockenfeld Yes
Carver No
Galindo Yes
Gonzales-Gutierrez Yes
McKean No
Roberts Yes
Soper No
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 8   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS


06:37:46 PM   The committee adjourned.