H_JUD_2018A 01/23/2018 10:14:22 AM Committee Summary

The committee was called to order. A quorum was present. Representative Lee, Chair, provided some opening remarks about committee protocol for the 2018 session. Representatives Kraft-Tharp and Wist, prime sponsors, presented House Bill 18-1028, concerning clarification of the standard required for applications for a court order to require compliance with investigations of deceptive trade practices.  The sponsors explained the effect of the bill and discussed its need. Representative Wist responded to questions regarding protections available for those who are subpoenaed under the bill.

The following person testified regarding HB 18-1028

Ms. Alissa Gardenswartz, representing the Attorney General's Office, testified in support of the bill. Ms. Gardenswartz discussed the merits of the legislation, and addressed questions raised during earlier discussion. Ms. Gardenswartz responded to questions regarding how her office would compel compliance with a court order concerning deceptive trade practices in the absence of the bill, and the need for the bill based on curtailed investigations in recent years. Discussion ensued regarding upon whom the burden lies in deceptive trade practice investigations, and the "reasonable grounds" threshold for launching an investigation.