BILL SUMMARY for SB09-054
SENATE COMMITTEE ON BUSINESS, LABOR AND TECHNOLOGY
|Votes: View--> ||Action Taken: |
|Moved prepared Amendment L.003 (Attachment C). Th|
Moved to refer Senate Bill 09-054, as amended, to
|Pass Without Objection|
02:11 PM -- Senate Bill 09-054
The committee recessed briefly to locate a witness.
The committee reconvened. Senator Scheffel presented Senate Bill 09-054. The bill eliminates the maximum civil penalty that may be imposed for violations of the "Colorado Consumer Protection Act." Senator Scheffel explained his reasons for proposing the bill. Senator Scheffel discussed and distributed prepared Amendment L.003 to the committee (Attachment C).
The following individuals testified:
02:17 PM -- John Suthers, Attorney General of Colorado, testified in support of the bill. He discussed the problems caused by low penalties and limits and addressed the effects of new technology. He stated that he does not want potential fraudsters to think of Colorado as a safe place to commit fraud.
02:20 PM -- Jan Zavislan, Deputy Attorney General for Consumer Protection, testified in support of the bill. He discussed the history of the penalty and stated that it made sense when it was enacted in 1987 but does not make sense now. He explained that the method of fraud has changed and gave examples of such changes. He stated that the motivation of the bill is to bring the statute up to date in order to serve as a greater deterrent against fraudulent businesses. He added that the amendment clarifies that civil penalties under the Consumer Protection Act are available only to the Attorney General and district attorneys, and not to private plaintiffs. He noted that the bill would amend the "Colorado Anti-Trust Act" passed in 1992.
Senator Heath asked questions about the amendment and the definition of "elderly." Mr. Zavislan discussed prior legislation concerning civil penalties that protected "at-risk adults" over the age of 60.
The committee discussed where to send the bill.
|TIME: || 02:29:18 PM|
|MOTION:||Moved to refer Senate Bill 09-054, as amended, to the Committee of the Whole. (See vote on Amendment L.003 in following vote sheet). The motion passed on a 6-0 roll call vote with one member excused.|
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS