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3609CF9341CB276E8725897A007EE966 Hearing Summary




PUBLIC
BILL SUMMARY For HB23-1192

SENATE COMMITTEE ON JUDICIARY
Date Mar 22, 2023      
Location Old Supreme Court



HB23-1192 - Committee Discussion Only


05:06:16 PM  

Senators Rodriguez and Gonzales, co-prime sponsors, presented House Bill 23-1192, concerning the creation of additional protections in the consumer code.  They provided a brief history of the Colorado Consumer Protection Act (CCPA) and changes the bill makes to it.  

05:27:01 PM  

Nina DiSalvo, representing Towards Justice, testified in support of the bill.

Ms. Lauren Saunders, representing National Consumer Law Center, testified in support of the bill.

Aly Belknap, representing New Era Colorado, testified in support of the bill.

Committee members asked the panel about current consumer fraud cases in Colorado.

 

05:42:24 PM  

Steve Kaufmann, representing Department of Law, testified in support of the bill.

Jan Zavislan, representing Department of Law, testified in support of the bill.

Committee members asked questions about changes in state of mind definitions, as outlined in the bill.  Additional questions were raised about the public impact threshold and definition of reckless.

 

05:58:08 PM  

Committee members asked the panel questions about removing mental state requirements as proposed in the bill and increased litigation. 

06:07:48 PM  

Mr Matthew Osborne, representing themself, testified in support of the bill.

Melissa Mejia, representing Community Economic Defense Project, testified in support of the bill.

Jose Vasquez, representing Colorado Legal Services, testified in a neutral position on the bill.

Committee members asked questions about common law fraud, punitive damages, and attorneys' fees under the CCPA. 

06:37:46 PM  

Ms Isabel Cruz, representing Colorado Consumer Health Initiative, testified in support of the bill.

Mrs Sara Gagliardi, representing themself, testified in support of the bill.

Catherine Ordonez, representing American Civil Liberties Union of Colorado, testified in support of the bill.

06:48:12 PM  

Mr. Buck Beltzer, representing Association of General Contractors of Colorado, testified to amend the bill.

Betty Knecht, representing Colorado Mortgage Lenders Association, testified to amend the bill.

Mr. Scott Peterson, representing Colorado Association of REALTORS, testified to amend the bill.

Dennis Polk, representing Colorado Association of Home Builders, testified to amend the bill.

Mr Michael Gifford, representing AGC Colorado, testified to amend the bill.

Committee members asked questions about reckless standards.  Committee discussion followed about affordable housing, insurance, and profit margins. 

 

07:14:01 PM  

Committee discussion ensued about other states that have the public impact requirement. 

07:19:28 PM  

John Conklin, representing Colorado Medical Society, testified in opposition to the bill.

Jessica Kostelnik, representing Denver Metro Chamber of Commerce, testified in opposition to the bill.

Mr. Tony Gagliardi, representing National Federation of Independent Business (NFIB), testified in opposition to the bill.

David Dazlich, representing Colorado Springs Chamber & EDC, testified in opposition to the bill.

Chris Romer, representing Colorado Competitive Council, testified in opposition to the bill.

Committee members asked about liability, punitive actions, and CCPA consumer protections. 

 

07:47:24 PM  

Dennis Dougherty, representing Colorado AFL-CIO, testified in support of the bill.

David Seligman, representing Towards Justice, testified in support of the bill.

Committee discussion ensued about consumer protection laws and correlaton between weak laws and high rates of consumer fraud. 

Written testimony submitted about the bill may be found in Attachment E.

The committee took a brief recess. 

08:14:58 PM  

The committee returned to order.  The bill was laid over until further notice.