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h_jud_2016a_2016-04-07t13:38:31z1 Hearing Summary

Date: 04/07/2016



Final

BILL SUMMARY for HB16-1391



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Refer House Bill 16-1391 to the Committee of the W PASS







02:12 PM -- HB16-1391



Representative Pabon, prime sponsor, presented House Bill 16-1391, concerning a prohibition against nonattorneys providing legal services related to immigration matters. Representative Pabon explained the effect of the bill and discussed its need. Representative Pabon responded to questions regarding other laws that may cover the behavior that is criminalized by the bill. The following persons testified regarding HB 16-1391:



02:23 PM --
Ms. Nicole Ruiz, representing the Hispanic Affairs Project, testified remotely in support of the bill. Ms. Ruiz discussed the problem of notary fraud on the Western Slope, through which immigrants are fraudulently targeted, and cited examples of this fraud. Ms. Ruiz clarified the function of her organization, and the applicability of the bill to certain immigration statutes.



02:29 PM --
Ms. Imelda Mulholland, representing herself as an immigration attorney, testified remotely in support of the bill. Ms. Mulholland explained how fraudulent misrepresentation during the provision of services to immigrants has impacted her clients, and discussed the remedies provided by the bill. Ms. Mulholland responded to questions regarding the applicability of the bill to those participating in the U.S. guest worker program.



02:36 PM --
Ms. Alissa Gardenswartz, representing the Attorney General's Office, testified in support of the bill. Ms. Gardenswartz discussed the benefits of the bill in the area of combatting fraud. Ms. Gardenswartz responded to questions regarding the scope of the fraud addressed by the bill, and advice that notaries public may dispense to clients.



02:41 PM -- Ms. Cristina Saldivar, representing herself, testified in support of HB 16-1391. Ms. Saldivar explained how her family was impacted by fraud perpetrated by a notary public. Ms. Saldivar responded to questions regarding how the notary convinced her family to enlist the notary's services.



02:46 PM --
Ms. Denise Maes, representing the American Civil Liberties Union, testified in support of the bill. Ms. Maes discussed the impact of the fraud covered by the bill.



02:49 PM --
Mr. Erik Johnson, representing the Colorado Bar Association, testified in support of the bill. Mr. Johnson discussed the consumer protection aspects of the bill, and the need for additional tools to address the type of fraud covered by the bill. Mr. Johnson explained how the functions of a notary differ between the U.S. and other countries.



02:55 PM --
Ms. Tricia Murphy, representing herself, testified in support of HB 16-1391. Ms. Murphy discussed the differing qualifications of notaries and attorneys, and the fraud perpetrated by notaries targeting immigrants.



02:57 PM --
Mr. Jeff Joseph, representing himself, testified in support of the bill. Mr. Joseph addressed questions raised during earlier discussion, and discussed the victims of notary fraud targeting immigrants. He discussed the scope of the problem.





03:01 PM



No amendments were offered to HB 16-1391. Representative Pabon provided closing remarks in support of the bill. Various committee members provided their positions on the bill. Representative Pabon responded to questions regarding the effect of certain provisions in the bill.

BILL: HB16-1391
TIME: 03:02:34 PM
MOVED: Court
MOTION: Refer House Bill 16-1391 to the Committee of the Whole. The motion passed on a vote of 7-4.
SECONDED: Salazar
VOTE
Carver
Yes
Court
Yes
Foote
Yes
Lawrence
No
Lundeen
No
Melton
Yes
Salazar
Yes
Van Winkle
No
Willett
No
Lee
Yes
Kagan
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS














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