Bill Summary for Bill Number SB09-054

Date: 02/04/2009

Final
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 PASS

02:11 PM -- Senate Bill 09-054

The committee recessed briefly to locate a witness.

02:13 PM

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.

02:25 PM

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.

02:27 PM

The committee discussed where to send the bill.


BILL:	SB09-054
TIME:	02:29:18 PM
MOVED:	Scheffel
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.
SECONDED:
		VOTE
	Foster	Yes
	Harvey	Yes
	Mitchell	Excused
	Scheffel	Yes
	Tochtrop	Yes
	Heath	Yes
	Veiga	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

BILL:	SB09-054
TIME:	02:28:31 PM
MOVED:	Scheffel
MOTION:	Moved prepared Amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Foster
	Harvey
	Mitchell
	Scheffel
	Tochtrop
	Heath
	Veiga

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection