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F481DFC201A755BA872583D7006E3210 Hearing Summary




PUBLIC
BILL SUMMARY For HB19-1289

HOUSE COMMITTEE ON JUDICIARY
Date Apr 9, 2019      
Location HCR 0112



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