H_JUD_2020A 03/10/2020 01:33:01 PM Committee Summary

Majority Leader Garnett, sponsor, presented House Bill 20-1290, concerning the ability of an insurer to use a failure-to-cooperate (FTC) defence in an action in which the insured has made a claim under insurance coverage for an incident.  The bill requires that an insurer meets certain conditions before a FTC defense can be pleaded or proven in an action concerning an insurance policy providing first-party benefits or coverage.  The conditions include what must be included in a written request and the time frame for a response.  The bill also lays out requirements for an insurer seeking to use the FTC defense.  Representative Garnett distributed Amendment L.001 to the committee (Attachment A).

The following panel testified on the bill: Marc Levy, representing himself, testified in support of the bill and discussed the use of the FTC defense by the insurance industry. David Roth, representing Colorado Trial Lawyers Association (CTLA), testified in support of the bill and provided an example of a case wherein the insurer used the FTC defense. The panel responded to committee questions regarding current law surrounding the use of a FTC defense and the requirements set out in the bill.

The following people testified on the bill: Frank Patterson, representing Colorado Civil Justice League (CCJL), testified in opposition to the bill. Evan Stephenson, representing CCJL, testified in opposition to the bill. Kurt Henkel, representing Colorado Defense Lawyers Association, testified in opposition to the bill. The panel responded to committee questions.

Kevin Cheeny, representing CTLA, testified in support of the bill.

Representative Garnett explained Amendment L.001, and committee discussion ensued.

Representative Garnett made concluding comments on the bill, and committee discussion ensued.

The committee recessed.

The committee came back to order.

Representative Lontine and McKean, co-prime sponsors, presented House Bill 20-1330, concerning modifications to the Colorado Governmental Immunity Act (CGIA) to clarify the status of immunity from liability that applies to the University of Colorado Authority. The bill clarifies that public employees under the CGIA does not include health care practitioners or professionals who are employed by the University of Colorado Hospital Authority, unless the individual is providing services within the course and scope of the person's responsibility in a facility on the Anschutz Medical Campus or is under the hospital license issued to the university hospital. The bill sponsors answered questions from the committee.

Gary Reiff, representing the University of Colorado Hospital Authority, testified in support of the bill. Bruce Braley, representing the Colorado Trial Lawyers Association, testified in support of the bill. Mr. Reiff and Mr. Braley responded to questions from the committee regarding the bill. Mr. Rieff distributed a list of off-campus locations under the license of the UCHA (Attachment B).

The bill sponsors made concluding comments on the bill, and committee discussion ensued.

Representative Liston, sponsor, presented House Bill 20-1152, concerning a requirement that an adult offender convicted of a second or subsequent offense for illegal possession of a weapon by a previous offender, which can range from a class 6 felony to a class 4 felony, to be sentenced to the Department of Corrections (DOC). Individuals convicted of the class 4 felony must serve their sentence consecutively with any other sentences being served, under the bill. Representative Liston distributed Amendment L.002, which strikes everything below the enacting clause (strike below), and Amendment L.003, which amends the strike below amendment (Attachments C and D). Representative Liston answered questions from the committee.

The following panel testified on the bill: Maureen Cain, Office of the State Public Defender, testified in opposition to the bill. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. The panel responded to questions from the committee.

The committee recessed.

The committee came back to order.

The following panel testified in support of the bill: Tom Raynes, representing the Colorado District Attorneys Council. John Kellner, representing the District Attorney's Office of the 18th Judicial District. The panel responded to questions from the committee.

The following persons testified in support of the bill: Greg Brophy, representing the National Rifle Association, testified in support of the bill as amended by Amendment L.002. Robert Edmiston, representing the Firearms Coalition of Colorado, testified in support of the bill. John Karakoulakis, National Shooting Sports Foundation, testified in support of the bill. The panel responded to questions from the committee.

Sophia San Miguel, representing herself, testified in opposition to the bill.

Representative Weissman announced that the bill would be laid over for action only on a date to be determined. Committee discussion ensued.

Representative Roberts, sponsor, presented Senate Bill 20-088, concerning evidentiary rules when a defendant interferes with a witness.  The bill, as amended by Amendment L.004 (attachment E), clarifies that when a witness is unavailable to offer a statement in a criminal case, that statement is admissible.  Representative Soper is a co-prime sponsor of the bill, but was not present at the committee meeting.

The following panel testified in support of the bill: John Kellner, representing the District Attorney's Office for the 18th Judicial District. Lara Mulllen, representing the District Attorney's Office for the 2nd Judicial District. The panel responded to questions from the committee.

Sophia San Miguel, representing herself, testified in support of the bill.

Representative Roberts made concluding comments on the bill.