PUBLIC STAFF SUMMARY OF MEETING SENATE COMMITTEE ON JUDICIARY
Date |
02/14/2018 |
Attendance |
Coram |
X |
Fields |
X |
Kagan |
X |
Cooke |
X |
Gardner |
X |
|
Time |
01:33:26 PM to 05:11:48 PM |
Place |
SCR 352 |
This Meeting was called to order by |
Gardner |
This Report was prepared by |
Juliann Jenson |
|
Hearing Items |
Action Taken |
hConf 18-Parole — State Board Of |
Favorably Refer to Full Senate |
hSB18-059 |
Lay Over |
hSB18-062 |
Referred to the Committee of the Whole |
hSB18-140 |
Postponed Indefinitely |
hSB18-026 |
Amended, referred to the Committee of the Whole |
hSB18-056 |
Lay Over |
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Conf 18-Parole — State Board Of - Favorably Refer to Full Senate
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01:34:19 PM |
Senator Gardner called the meeting to order.
Joe Morales, Chairperson of the Colorado State Board of Parole, introduced the following parole board members up for reappointment: Denise Balazic and Brandon Mathews,.
Denise Balazic introduced herself and provided a brief overview of her background and experience.
Brandon Mathews introduced himself and provided a brief overview of his background and experience.
Committee members expressed their appreciation to the Parole Board. Discussion followed regarding work load and work-life balance.
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01:42:32 PM
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Motion |
Refer the appointment of Denise Balazic, Brandon Mathews to the Conf 18-Parole — State Board Of to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar. |
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Moved |
Cooke |
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Seconded |
|
|
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|
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Coram |
Excused |
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|
Fields |
Yes |
|
|
Kagan |
Yes |
|
|
Cooke |
Yes |
|
|
Gardner |
Yes |
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Final |
YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS |
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SB18-059 - Lay Over
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01:42:51 PM |
Senator Gardner announced that the hearing on SB18-059 will take place, but it will be laid over to work on an amendment.
Senator Fields explained SB18-059 concerning the creation of a public safety information-sharing system. She provided information about her work with the Colorado Information Sharing Consortium (CISC). Membership in the CISC allows law enforcement personnel to search, analyze, and share tactical and strategic law enforcement data in real time. Senator Fields reported that some jurisdictions do not have the funds to join and become a CISC member agency, however, and the bill provides grant funds to do so. She stressed the importance of sharing law enforcement information across jurisdictions.
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01:47:40 PM |
Vince Line, Bureau Chief with Arapahoe County, representing CISC, spoke in support of the bill. He further explained the work and mission of CISC. He reported that currently 59 agencies belong to the CISC representing about 66% of peace officers in the state. He answered questions from the committee about access to information if not a CISC member and provided an example of how the CISC platform is beneficially used to enhance public safety.
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01:57:20 PM |
Tom Raynes, representing the Colorado District Attorneys' Council, spoke in opposition to the bill as introduced but expressed his support with an amendment. Mr Raynes' objections were about the grant and open bidding process as outlined in the bill, but he reported that involved parties are close to an agreement.
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02:01:01 PM |
Chief Michael Phibbs, representing the Colorado Association of Chiefs of Police, spoke in support of the bill. He explained that it is good law enforcement to share information, but the jurisdiction where he is chief of police (Elizabeth) does not have the funding to be a part of CISC. He reported that he has access to criminal histories but cannot view active investivations without CISC membership.
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02:05:24 PM |
Detective Katie Arehart, representing Brighton Police Department, testified in favor of the bill. She reported that ground level personnel, such as herself, benefit from shared information. She provided examples of positive benefits from the data sharing system, particularly in the areas of photo line-ups.
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02:09:04 PM |
Fran Lanzer, representing Mothers Against Drink Driving and Colorado Organization for Victim Assistance, spoke in support of the bill. He testified that more information will keep the public safer while allowing for more law enforcement to be on the road.
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02:10:34 PM |
Justin Smith, Sheriff of Larimer County, spoke in support of the bill. He testified that there is a divide between the front range and other more rural counties and access to each other's information helps to level the playing field.
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SB18-062 - Referred to the Committee of the Whole
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02:14:27 PM |
Senator Moreno explained SB 18-062 concerning liability limits in snow and ice removal contracts. He emphasized that small, family owned businesses are bearing the brunt of liability in slip and fall and other snow and ice related cases.
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02:17:03 PM |
Mary Kay Hogan, representing King Soopers/Kroger, spoke in opposition to the bill. She explained that parties should be able to determine the terms of their contracts.
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02:18:45 PM |
Ted Leighty, representing Colorado Association of Home Builders, spoke in opposition to the bill. He raised freedom of contract issues and answered questions from the committee about why the bill is not considered pro-business.
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02:21:22 PM |
Nick Colglazier, representing Colorado Competitive Council, spoke in opposition to the bill. He reported that it attempts to limit the freedom of contracts between sophisticated industries. He argued that the bill takes away flexibility.
Discussion followed regarding who is responsible or liable in the time period between the snowstorm and when the snow removal companies are able to make it to their job site.
.
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02:26:32 PM |
Kevin Gilbride, representing Accredited Snow Contractors Association, spoke in support of the bill. He explained that the bill does not eliminate liability but rather enables snow removal companies to not take on the liability of the property owner.
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02:29:49 PM |
Kimberly Jewell, Snow Management Services, spoke in favor of the bill. She discussed insurance issues and risk.
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02:32:28 PM |
Shanae Dix, representing CAM Services, testified in support of the bill. She discussed liability, insurance issues. full-time employees, and thresholds for snow removal services to kick in.
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02:36:47 PM |
Chad Lunde, representing Martinson Snow Removal Services, testified in favor of the bill. He explained that insurance for snow removal services is costly, and that it is mainly to cover slip and fall problems. He further reported on court costs and depositions. He discussed contracts in which businesses will not pay unless a certain amount of snow is on the ground but will require snow removal companies to assume liability if something happens regardless.
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02:40:39 PM |
Matt Harmon, representing Denver Commercial Property Resources, testified in support of the measure. He explained that long standing customers are changing contracts and requiring snow removal companies to assume risk. He also discussed safety issues.
The committee discussed lawsuits and the impact the bill would have on them, if any.
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02:48:59 PM |
Senator Moreno made closing remarks.
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02:55:40 PM
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Motion |
Refer Senate Bill 18-062 to the Committee of the Whole. |
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Moved |
Coram |
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Seconded |
|
|
|
|
|
Coram |
Yes |
|
|
Fields |
Yes |
|
|
Kagan |
Yes |
|
|
Cooke |
Yes |
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|
Gardner |
No |
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Final |
YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS |
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SB18-140 - Postponed Indefinitely
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02:56:16 PM |
Senator Merrifield explained SB18-140 concerning the penalties imposed on the driver of a motor vehicle who causes at least serious physical injuries to a vulnerable road user. He discussed vulnerable road users, such as bikers and pedestrians. He also reported that bicyclists are disproportionately the subjects of hit and runs.
He distributed Amendment L.001 (Attachment A).
The committee discussed biker responsibilities and associated laws.
Senator Merrifield reiterated that the bill only impacts motor vehicle drivers who are found to be careless.
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03:07:13 PM |
Ted Trujillo, representing the Division of Motor Vehicles in the Colorado Department of Revenue, answered questions from the committee about the bill, driver license suspensions, and provisional driving licenses. The committee further discussed the percentage of drivers who are granted provisional driving licenses and the criteria considered by a hearings officer to obtain one.
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03:16:31 PM |
Mike Honn, representing Colorado State Patrol, spoke in support of the bill. He provided statistics regarding crashes due to inattentive drivers.
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03:23:19 PM |
Ted Heyd, representing Bicycle Colorado, spoke in favor of the bill. He testified that Colorado roads are becoming more dangerous and distracted driving incidents are increasing.
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03:27:48 PM |
Dennis Haberstumpf, representing ABATE of Colorado, testified in favor the measure. He expressed the opinion that stricter penalties are necessary, and the bill would be a deterrent for drivers to pay more attention on the roads.
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03:30:18 PM |
Senator Merrifield made closing remarks.
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03:35:43 PM |
Committee discussion ensued about careless driving situations (i.e. California stops), aggregators, and appropriate consequences.
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03:45:58 PM
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Motion |
Adopt amendment L.001 |
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Moved |
Kagan |
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Seconded |
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Coram |
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Fields |
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Kagan |
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Cooke |
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Gardner |
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
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03:47:04 PM
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Motion |
Refer Senate Bill 18-140, as amended, to the Committee on Appropriations. |
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Moved |
Kagan |
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Seconded |
|
|
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|
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Coram |
No |
|
|
Fields |
Yes |
|
|
Kagan |
Yes |
|
|
Cooke |
No |
|
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Gardner |
No |
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YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL |
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03:48:00 PM
|
Motion |
Postpone Senate Bill 18-140 indefinitely. |
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Moved |
Cooke |
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Seconded |
|
|
|
|
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Coram |
Yes |
|
|
Fields |
No |
|
|
Kagan |
No |
|
|
Cooke |
Yes |
|
|
Gardner |
Yes |
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Final |
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS |
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SB18-026 - Amended, referred to the Committee of the Whole
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03:48:52 PM |
Senator Kagan explained SB18-026 concerning measures to make sex offender registration more effective. He explained that the bill will not change the substance of who registers as a sex offender but instead provides ways to streamline and clarify the process.
He presented Amendments L.001, L.002, L.003, and L.006 (Attachments B, C, D, and E).
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04:05:17 PM |
Maureen Cain, representing the Office of State Public Defender, spoke in favor of the bill. She explained that the bill makes the registry process less burdensome and concentrates on procedural, not substantive, changes.
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04:10:45 PM |
Amanda Gall, representing the Colorado District Attorneys' Council (CDAC), spoke in support of the bill, as amended. She stated that the bill is the product of a collaborative stakeholder process and is an improvement to the current registry system.
Senator Kagan assured the committee that he will withdraw support for the measure if the House amends the bill to shift CDAC's position on it.
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04:17:13 PM |
Mark Bearu, representing himself as a registered sex offender, supports the bill. He explained that the process is very confusing.
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04:20:46 PM |
Christian Mohr, representing the Colorado Bureau of Investigations, provided a neutral opinion about the bill, He reported to be a part of drafting the amendments and believes the bill will help streamline the registry process, especially for those who are incapacitated.
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04:24:45 PM |
Laura Richards, representing herself, spoke in support of the bill, as amended. She reported that the sex offender registry is not a rehabilitative tool but rather provides a sense of comfort for victims.
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04:27:34 PM |
Joseph Guerrierie, representing himself, spoke in favor of the bill.
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04:33:05 PM
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Motion |
Adopt amendment L.001 |
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Moved |
Kagan |
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Seconded |
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|
|
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Coram |
|
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Fields |
|
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Kagan |
|
|
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Cooke |
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Gardner |
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
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04:33:28 PM
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Motion |
Adopt amendment L.002 |
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Moved |
Kagan |
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Seconded |
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Coram |
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Fields |
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Kagan |
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Cooke |
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Gardner |
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
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04:33:44 PM
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Motion |
Adopt amendment L.003 |
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Moved |
Kagan |
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Seconded |
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Coram |
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Fields |
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Kagan |
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Cooke |
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Gardner |
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
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04:33:58 PM
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Motion |
Adopt amendment L.006 |
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Moved |
Kagan |
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Seconded |
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Coram |
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Fields |
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Kagan |
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Cooke |
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Gardner |
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
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04:35:32 PM
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Motion |
Refer Senate Bill 18-026, as amended, to the Committee of the Whole. |
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Moved |
Kagan |
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Seconded |
|
|
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|
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Coram |
Yes |
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|
Fields |
Yes |
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|
Kagan |
Yes |
|
|
Cooke |
Yes |
|
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Gardner |
Yes |
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Final |
YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
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SB18-056 - Lay Over
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04:35:54 PM |
Senator Jahn explained SB18-067 concerning monetary amounts in civil actions.
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04:44:16 PM |
Chris Ryan, representing the Judicial Branch, testified in support of the bill. He distributed a hand-out regarding the bill (Attachment F). Mr. Ryan provided background on historic changes to monetary amounts for civil actions over which county courts have jurisdiction.
The committee discussed attorney fees and if they were considered part of damages.
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04:51:11 PM |
Tom Romola, representing Associated Collection Agencies of Colorado, spoke in opposition to the bill. Mr. Romola reported that the bill would drastically reduce fees in district court and suggested a tiered filing system.
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04:55:27 PM |
Brandon Hull, representing the Colorado Defense Lawyers Association. spoke in support of the bill if amended. He explained the need for clarity and predictability and addressed attorney fees and jurisdictional limits.
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05:00:20 PM |
Jamie Steiner, representing the Colorado Civil Justice League, spoke in favor of the bill if amended. Ms. Steiner also stressed the need for clarity, predictability, and settlement when appropriate. She discussed a case where attorney fees where challenged.
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05:06:00 PM |
Senator Gardner announced that the bill will be laid over to work on amendments. He would like to vote on it in a week.
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05:09:35 PM |
Senator Jahn gave closing remarks and emphasized the bill is about helping consumers.
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05:11:48 PM |
Committee Adjourned |