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h_jud_2017a_2017-04-25t13:40:44z2 Hearing Summary

Date: 04/25/2017

Location: HCR 0112

Final

BILL SUMMARY for HB17-1095



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.005 (Attachment C). The motion p

Refer House Bill 17-1095, as amended, to the Commi
Pass Without Objection

PASS







02:40 PM -- HB17-1095



Representative Melton, prime sponsor, presented House Bill 17-1095, concerning the service of process to individuals who live in secure residential communities. Representative Melton explained the effect of the bill and discussed its need. Representative Melton also explained the effect of amendment L.005 (Attachment C). Representative Melton responded to questions regarding the burdens placed on common-interest communities by the bill, and what constitutes a "reasonable period of time" and "credentials" under amendment L.005. The following persons testified regarding HB 17-1095:



17HouseJud0425AttachC.pdf17HouseJud0425AttachC.pdf



02:49 PM --
Mr. Steven Glenn, representing the Process Servers Association of Colorado, testified in support of the bill. Mr. Glenn discussed the importance of service of process to the justice system, and difficulties experienced in serving process in certain areas. Mr. Glenn responded to questions regarding the types of communities that are the subject of HB 17-1095, and laws similar to the bill in other states. Mr. Glenn responded to questions regarding the number of licensed private investigators in Colorado, and the scope of the bill.





03:00 PM



Mr. Glenn responded to questions regarding how substitute process is served under current law to satisfy service, as addressed by HB 17-1095. Discussion ensued regarding the scope of the bill, and recovery of costs under a substitute process service arrangement. Mr. Glenn responded to questions regarding the costs for hiring a private process server, and communities covered by the bill that currently allow service of process to residents. Discussion returned to the effect of the legislation.





03:16 PM



Mr. Glenn responded to questions regarding the factors that contribute to expensive service of process, and the potential impact of the bill on process service fees.



03:18 PM --
Mr. Ryan Johnston, representing the Professional Private Investigators Association of Colorado, testified in support of HB 17-1095. Mr. Johnston addressed questions about the impact of the bill on process service cost, and the types of activities that contribute to rising service of process costs.



03:24 PM --
Mr. Stuart Jorgensen, representing the Colorado Defense Lawyers Association, testified in opposition to the bill. Mr. Jorgensen discussed some potential constitutional challenges to the bill. Mr. Jorgensen responded to questions regarding a comparison of process service under current law and process service under HB 17-1095.



03:38 PM --
Mr. Jeff Kutzer, representing the Community Associations Institute, testified in opposition to the bill. Mr. Kutzer discussed the exposure of community associations to liability under the bill, and an unintended consequence in the bill pertaining to community association decision-making. Mr. Kutzer responded to questions regarding how community associations receive service of process, and the liability that might be incurred by a community board under HB 17-1095.



03:51 PM --
Mr. Steve Wilson, representing ASAP Services, testified in support of the bill. Mr. Wilson responded to questions regarding procedures established by community associations to allow service of process. He addressed issues raised during earlier testimony. Mr. Wilson responded to questions regarding his position on amendment L.005, and the impact of the bill on the process service industry in terms of employment. Discussion returned to the service of process to a community association.



04:02 PM --
Ms. Annmarie Jensen, representing process servers, testified in support of the bill. Ms. Jensen responded to questions regarding the process by which the bill was crafted, addressing issues raised during earlier testimony. Discussion ensued regarding certain language in amendment L.005, and the reason why the intent of the bill was not addressed through the judicial rule-making process.



04:13 PM --
Mr. Brandon AschenBrenner, representing APS, testified in support of the bill. Mr. AschenBrenner explained how the bill maintains due process, and discussed the creation of practice standards for process servers under certain situations by the bill.





04:16 PM



Representative Melton explained the effect of amendment L.005.

BILL: HB17-1095
TIME: 04:16:20 PM
MOVED: Melton
MOTION: Adopt amendment L.005 (Attachment C). The motion passed without objection.
SECONDED: Salazar
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





04:16 PM



Various committee members provided their positions on HB 17-1095. Representative Melton provided closing on the bill.

BILL: HB17-1095
TIME: 04:17:45 PM
MOVED: Willett
MOTION: Refer House Bill 17-1095, as amended, to the Committee of the Whole. The motion passed on a vote of 7-4.
SECONDED: Salazar
VOTE
Benavidez
Yes
Carver
No
Foote
Yes
Herod
Yes
Lundeen
No
Melton
Yes
Weissman
Yes
Willett
No
Wist
No
Salazar
Yes
Lee
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS







04:24 PM



The committee recessed.








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