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S_JUD_2019A 04/24/2019 06:21:58 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 04/24/2019
Attendance
Cooke X
Gardner *
Rodriguez X
Gonzales *
Lee *
Time 06:21:58 PM to 09:14:24 PM
Place SCR 352
This Meeting was called to order by Senator Lee
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
Conf 19-Juvenile Parole Board Favorably Refer to Full Senate - Consent Calendar
HB19-1289 Amended, referred to the Committee of the Whole
SB19-259 Amended, referred to the Committee of the Whole - Consent Calendar
HB19-1311 Referred to the Committee of the Whole
HB19-1315 Amended, referred to the Committee of the Whole - Consent Calendar
SB19-237 Committee Discussion Only

X = Present, E = Excused, A = Absent, * = Present after roll call

Conf 19-Juvenile Parole Board - Favorably Refer to Full Senate - Consent Calendar


06:22:07 PM  

Senator Lee called the meeting to order.

The following individuals appeared before the committee to be confirmed as members of the Juvenile Parole Board: James Newby, Rachael Lovendahl, Michael Rodriguez, and Kim Branham.  They each provided a brief overview of their experience and background.  They answered questions about deterring youth from entering the adult criminal justice system. 



06:37:18 PM
Motion Refer the appointment of James Newby, Rachael Lovendahl, Michael Rodriguez, Kim Branham to the Conf 19-Juvenile Parole Board to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
Moved Rodriguez
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Excused
Lee Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB19-1289 - Amended, referred to the Committee of the Whole

06:45:04 PM  

Senator Foote, sponsor, explained HB19-1289, 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.   He discussed consumer scams and public impact requirements. 

Senator Lee referenced a letter from the National Association of Mutual Insurance Companies in opposition to the bill (Attachment A). 

 

 

 

06:51:35 PM  

Phil Weiser, Attorney General for the state of Colorado, spoke in support of the bill.  He discussed the need to strenghten Colorado's consumer protection and unfair trade practice laws.  He answered questions from the committee about staffing, effective date, and the public impact requirement. 

 

07:08:34 PM  

Holly Shillday, representing the Denver Metro Chamber of Commerce, testified in opposition to the bill. She discussed how the bill will make it more difficult to conduct business in the state. She expressed concerns about the definition of reckless, public impact requirements, and the increase in damages. 

07:15:03 PM  

T.A. Taylor Hunt, representing the National Association of Consumer Advocates, testified in support of the bill.  She discussed how this bill will help those who are most vulnerable to consumer fraud, such as seniors and veterans. 

Dennis Valentine, representing AARP, testified in favor of the bill. He shared a personal consumer fraud experience and discussed provisions in the bill.

07:24:29 PM  

Valerie Schlect, representing the Colorado Cross Disability Coalition, testified in favor of the bill. She explained that current law does not offer adequate protections. 

07:28:08 PM  

Theresa Wardon Benz, representing the Colorado Civil Justice League, testified in opposition to the bill. She discussed how the bill will increase the number of claims from private attorneys and expressed concerns about costs to small businesses.  She answered questions from the committee.

07:42:38 PM  

Marita Lee Fiddler, representing or herself, spoke in favor of the bill. 

Tracy Ashmore, representing the National Federation of Independent Business, testified in support of the bill if amended. She recommended that the section about private lawsuits be eliminated from the bill.

Jan Zavislan, representing the Office of the Attorney General,  made himself available for questions.  He also provided a brief history of the Colorado Consumer Protection Act.

07:58:29 PM  

Senator Foote distributed and explained amendment L. 020 (Attachment B).



08:02:43 PM
Motion Adopt amendment L.020
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:02:56 PM  

Senator Foote distributed and explained amendment L. 024 (Attachment C).



08:05:22 PM
Motion Adopt amendment L.024
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:09:30 PM  

Senator Cooke distributed and explained amendment L. 026 (Attachment D).  



08:09:32 PM
Motion Adopt amendment L.026
Moved Cooke
Seconded
Cooke Yes
Gardner Yes
Rodriguez No
Gonzales No
Lee No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


08:11:17 PM
Motion Refer House Bill 19-1289, as amended, to the Committee of the Whole.
Moved Gonzales
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB19-259 - Amended, referred to the Committee of the Whole - Consent Calendar


08:11:54 PM  

Senators Hisey and Garcia, co-prime sponsors, explained SB 19-259, concerning measures to address prison population management issues, and, in connection therewith, authorizing the emergency use of the Centennial South campus of the Centennial Correctional Facility to house inmates.  The senators discussed the need for the bill and prison utilization rates.  They both emphasized that the prison is to be used as a relief valve on a temporary basis. 

08:15:49 PM  

Aaron Greco, representing the Department of Corrections, made himself available for questions.  The committee asked him about vacancy rates, decarceration efforts, and the interim committee to study the prison population.

Senator Garcia distributed and explained amendment L. 001 (Attachment E). 

Senators Garcia and Hisey made closing remarks, and committee members expressed their position on the bill. 



08:24:39 PM
Motion Adopt amendment L.001
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


08:25:25 PM
Motion Refer Senate Bill 19-259, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gonzales
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1311 - Referred to the Committee of the Whole


08:26:02 PM  

Senator Bridges, sponsor, explained HB 19-1311, concerning the creation of the Institute of Cannabis Research at Colorado State University - Pueblo. 

Sal Pace, representing himself, spoke in support of the bill.  He discussed how the bill puts a more robust process in place for cannabis research.

Mike Feeley, representing Colorado State University, testified in favor of the measure.  He distributed a document about the Institute of Cannabis Research (Attachment F) and noted that the bill will provide definition and structure for the organization.



08:33:34 PM
Motion Refer House Bill 19-1311 to the Committee of the Whole.
Moved Gonzales
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1315 - Amended, referred to the Committee of the Whole - Consent Calendar


08:34:01 PM  

Senator Gonzales, sponsor, explained HB 19-1315, concerning the admissibility of statements by a juvenile. 

Ann Roan, representing the Colorado Criminal Defense Bar, testified in support of the bill. She discussed cases in which the parents' interests are adverse to the child. 

08:51:15 PM  

Senator Gonzales distributed and explained amendment L. 011 (Attachment G) and followed with closing remarks. 



08:53:30 PM
Motion Adopt amendment L.011
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


08:53:56 PM
Motion Refer House Bill 19-1315, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gonzales
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB19-237 - Committee Discussion Only


08:55:52 PM  

Senator Rodriguez, sponsor, explained SB 19-237, concerning amending the "Colorado Consumer Protection Act" to clarify the damages for which plaintiiffs are eligible. 

08:59:04 PM  

Jenifer Waller, representing the Colorado Bankers Association, spoke in opposition to the bill. 

 

Holly Shilliday, representing the Denver Metro Chamber of Commerce, spoke in opposition to the bill.  She expressed concerns that provisions in the bill may harm the business community.

 

Theresa Wardon Benz, representing the Colorado Civil Justice League, spoke in opposition to the bill.  She distributed a packet of information about class action litigation (Attachment H). 

 

A letter in opposition to the bill from the National Association of Mutual Insurance Companies was referenced for the records (Attachment I). 

 

The Chair announced that the bill will be revisited the next day. 

 

 


09:14:24 PM   The committee adjourned.