S_JUD_2018A 02/28/2018 01:36:07 PM Committee Summary

Senator Gardner called the meeting to order. 

Joe Morales, Chairperson of the Colorado State Board of Parole, introduced Alfredo Pena, current parole board member up for reappointment.

Alfredo Pena introduced himself and provided a brief overview of his background and experience.  

Committee members expressed their appreciation for his service on the Parole Board. 

Senator Zenzinger, sponsor, explained HB18-1141, concerning the removal of outdated references in statute to "early childhood care and education councils".  She reported that this bill was recommended by the Statutory Revision Committee. 

Senators Zenzinger and Martinez Humenik, co-prime sponsors, explained HB18-1142, concerning modernizing language in statutory sections that refers to paupers. 

Senator Gardner explained SB18-056 for Senator Jahn. This bill is a for action only item, originally heard on February 14, and concerns monetary amounts in civil actions.  Amendments L.004 (Attachment A) and L.006 (Attachment B) were distributed.  Senator Gardner explained that L.006 creates three tiers of filing fees, and L.004 regards attorney fees.

Senator Sonnenberg, sponsor, explained SB18-123, concerning asbestos trust claim transparency.   Senator Sonnenberg further extrapolated that this bill attempts to provide transparency of claims made against asbestos-related bankruptcy.

Senator Sonnenberg answered questions from the committee about lawsuits, plaintiff attorneys, and the need for transparency. 

Kevin Hannon, representing the Colorado Trial Lawyers Association, testified in opposition to the bill. He brought up issues regarding the need for timely trials in mesothelioma cases, current practices, disclosure requirements, privilege, and liability. 

Mark Hillman, representing Colorado Civil Justice League, spoke in support of the bill.  He explained that victims should be able to recover health care costs, and the bill is necessary to prevent double dipping.

Phil Goldberg, representing the United States Chamber of Commerce/Institute of Legal Reform, spoke in support of the bill.  He stressed that the Asbestos Transparency Act encourages efficiency, integrity, and transparency.  He reported that twelve states have adopted similar measures.  He distributed a Proof of Claim form (Attachment C).   He further discussed solvent bystanders, peripheral versus major players, the unique nature of asbestos claims, and plaintiff lawyers subverting the system.  Mr. Goldberg also clarified that the bill does not take care of all trust claims in one hearing but rather is an act of transparency that exposes juries to information. 

Kevin Whitesel, representing Heat and Frost Insulators, spoke in opposition to the bill.  He stressed the need for victim compensation in asbestos cases. 

Senator Sonnenborg made closing remarks.  He emphasized that court delays most often happen because of attorney trial tactics, and the bill provides for transparency without putting undue burden on the plaintiffs.  

Senator Gardner, sponsor, explained SB 18-169, concerning offenses against witnesses in noncriminal proceedings.   He referenced a court case and stated the bill makes it clear that criminalizing cases of intimidation or retaliation against victims and witnesses apply to both criminal and non-criminal proceedings. 

Tim Lane, representing Colorado District Attorneys' Council, spoke in support of the bill.  He explained that witnesses in civil and administrative proceedings should be afforded the same protection as those in criminal ones.