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45FF063D28393F45872583E700040953 Hearing Summary




PUBLIC
BILL SUMMARY For HB19-1289

SENATE COMMITTEE ON JUDICIARY
Date Apr 24, 2019      
Location SCR 352



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


06:45:04 PM  

Senator Foote, sponsor, explained HB19-1289, 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.   He discussed consumer scams and public impact requirements. 

Senator Lee referenced a letter from the National Association of Mutual Insurance Companies in opposition to the bill (Attachment A). 

 

 

 

06:51:35 PM  

Phil Weiser, Attorney General for the state of Colorado, spoke in support of the bill.  He discussed the need to strenghten Colorado's consumer protection and unfair trade practice laws.  He answered questions from the committee about staffing, effective date, and the public impact requirement. 

 

07:08:34 PM  

Holly Shillday, representing the Denver Metro Chamber of Commerce, testified in opposition to the bill. She discussed how the bill will make it more difficult to conduct business in the state. She expressed concerns about the definition of reckless, public impact requirements, and the increase in damages. 

07:15:03 PM  

T.A. Taylor Hunt, representing the National Association of Consumer Advocates, testified in support of the bill.  She discussed how this bill will help those who are most vulnerable to consumer fraud, such as seniors and veterans. 

Dennis Valentine, representing AARP, testified in favor of the bill. He shared a personal consumer fraud experience and discussed provisions in the bill.

07:24:29 PM  

Valerie Schlect, representing the Colorado Cross Disability Coalition, testified in favor of the bill. She explained that current law does not offer adequate protections. 

07:28:08 PM  

Theresa Wardon Benz, representing the Colorado Civil Justice League, testified in opposition to the bill. She discussed how the bill will increase the number of claims from private attorneys and expressed concerns about costs to small businesses.  She answered questions from the committee.

07:42:38 PM  

Marita Lee Fiddler, representing or herself, spoke in favor of the bill. 

Tracy Ashmore, representing the National Federation of Independent Business, testified in support of the bill if amended. She recommended that the section about private lawsuits be eliminated from the bill.

Jan Zavislan, representing the Office of the Attorney General,  made himself available for questions.  He also provided a brief history of the Colorado Consumer Protection Act.

07:58:29 PM  

Senator Foote distributed and explained amendment L. 020 (Attachment B).



08:02:43 PM
Motion Adopt amendment L.020
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:02:56 PM  

Senator Foote distributed and explained amendment L. 024 (Attachment C).



08:05:22 PM
Motion Adopt amendment L.024
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:09:30 PM  

Senator Cooke distributed and explained amendment L. 026 (Attachment D).  



08:09:32 PM
Motion Adopt amendment L.026
Moved Cooke
Seconded
Cooke Yes
Gardner Yes
Rodriguez No
Gonzales No
Lee No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


08:11:17 PM
Motion Refer House Bill 19-1289, as amended, to the Committee of the Whole.
Moved Gonzales
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS






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