House Committee on Judiciary (03/19/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	03/19/2009	ATTENDANCE

Time:	01:37 PM to 04:58 PM	Apuan	X
		Court	*
Place:	HCR 0107	Gardner B.	X
		King	X
This Meeting was called to order by		Miklosi	*
	Representative Levy	Pace	X
		Roberts	X
This Report was prepared by		Ryden	X
	Jessika Shipley	Waller	X
		McCann	*
		Levy	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1305 SB09-137 SB09-143 SB09-231		Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

01:38 PM -- House Bill 09-1305

Representative Levy, prime sponsor, presented House Bill 09-1305 concerning limitations on the requirements for cost bonds in civil lawsuits. The bill allows the court or a defendant to require a cost bond, of not more than $5,000, from a nonresident who files a lawsuit in Colorado. A cost bond pays for the fees in a lawsuit, including filing and court fees. If the nonresident does not file a cost bond when it is required, the court shall dismiss the lawsuit. Current statute requires cost bonds from nonresidents without a specified limit. This bill caps any cost bond at a maximum of $5,000. The court or a defendant in a case may require a cost bond to ensure that the fees in the case can be paid if the plaintiff loses the case; however, the provisions of these statutes are rarely used. Representative Levy stated that existing law is being used to deny access to the courts for what could be a meritorious claim.

01:47 PM -- Jeff Ruebel, Colorado Defense Lawyers Association, spoke in opposition to the bill. Mr. Ruebel explained the purpose of cost bonds and discussed the current structure of Colorado law with regard to cost bonds. He stated that current law does not deny access to the courts if a defendant is indigent. He talked about situations in which nonresident plaintiffs are required to provide a cost bond in Colorado. Mr. Ruebel talked about the Walcott v. District Court case, in which the Colorado Supreme Court ruled that dismissal of a case cannot be based solely on the plaintiffs' inability to pay costs or indigency. Most cost bonds are requested by defendants in cases with an out-of-state plaintiff. Courts lose jurisdiction over a nonresident plaintiff after a judgment is entered. Colorado courts do not have the ability to require a plaintiff to undergo an examination of assets after a judgement is entered if the plaintiff resides in another state, so defendants must protect themselves with cost bonds. Mr. Ruebel expressed concerns with capping the amount of the cost bond at $5,000 because litigation is expensive and $5,000 will not cover most costs. He also indicated that there is some potential ambiguity in removing language about the attorney of the last named plaintiff on page 4, lines 5 through 8, of the bill. He suggested some alternative language that would be a better solution. He stated his support for a potential amendment from the Civil Justice League. Mr. Ruebel responded to questions from the committee about the use of cost bonds under current law.

02:14 PM -- Curt Zelepugas, representing himself, spoke in support of the bill. Mr. Zelepugas related details of his experience as a plaintiff in a civil suit that involved a $50,000 cost bond, which he was unable to pay. He distributed some examples of cases in which cost bonds were required (Attachment A).

02:20 PM -- Sharen Stamp, representing herself, spoke in support of the bill. Ms. Stamp related details of her experience as a plaintiff in a civil suit that involved a cost bond, which she believes denied her access to the courts.

02:25 PM -- Alisha Robles, representing herself, spoke in support of the bill. Ms. Robles discussed details of her experiences as a plaintiff in a civil suit involving a cost bond. She stated that the law currently requires plaintiffs to pay a fee to access the courts if they reside in another state, but does not require nonresident defendants to post the same sort of cost bond.

02:28 PM -- Natalie Brown, Colorado Trial Lawyers Association, spoke in support of the bill. Ms. Brown believes the bill will open up access to the courts to people who are currently denied such access. She stated her opinion that cost bonds are being used as a tactic to keep poor people and those in the middle class out of the courtroom. She asked the committee to bring Colorado in line with most other states to give the majority of people access to the courts. Because the imposition of a cost bond is discretionary, there is no chance of having it overturned on appeal. She responded to questions about the discretion allowed to judges under the current statute with regard to determining indigence and the requirement of cost bonds.

02:41 PM

Representative Levy wrapped up her presentation of the bill and asked for a favorable recommendation.


BILL:	HB09-1305
TIME:	02:47:59 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.002 (Attachment B). The amendment gives the court the discretion to increase the amount of the cost bond over the $5,000 in some cases. Members of the committee commented about the amendment. The motion failed on a vote of 4-7.
SECONDED:	Roberts
		VOTE
	Apuan	No
	Court	No
	Gardner B.	Yes
	King	No
	Miklosi	No
	Pace	No
	Roberts	Yes
	Ryden	No
	Waller	Yes
	McCann	Yes
	Levy	No

Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1305
TIME:	02:57:04 PM
MOVED:	Levy
MOTION:	Refer House Bill 09-1305 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 9-2.
SECONDED:	Ryden
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	Yes
	Roberts	No
	Ryden	Yes
	Waller	Yes
	McCann	No
	Levy	Yes

Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:57 PM -- Senate Bill 09-137

Representative Baumgardner, sponsor, presented Senate Bill 09-137 concerning the timely payment of debts in relation to a waiver of the right to attach a property lien. The bill requires a property lien waiver for a construction loan to contain a statement that all debts associated with the lien have been paid or will be paid. It makes it a class 1 misdemeanor to knowingly fail to timely pay the debts covered by the lien waiver. Representative Baumgardner distributed an information packet about the bill (Attachment C). He responded to questions from the committee.

03:12 PM -- Jery Payne, Office of Legislative Legal Services, answered committee questions about the bill.

03:17 PM -- Rocky Gentry, West Point Interiors, spoke in support of the bill. Mr. Gentry discussed accountability of individuals in the construction business. He talked about unethical builders who do not pay their bills, which adversely affects subcontractors. He stated that subcontractors do not have a voice or the power to force contractors to pay for services. Mr. Gentry responded to questions from the committee.

03:41 PM -- Steve Fisher, High Country Plumbing, spoke in support of the bill. Mr. Fisher described details of his experience with homebuilders who do not pay their subcontractors. He discussed the difficulty inherent in recovering money through the civil system. Civil litigation is expensive. He stated his belief that attaching a criminal penalty will act as a deterrent to such builders. Mr. Fisher responded to questions from the committee.

03:50 PM

Representative Baumgardner wrapped up his presentation of the bill and asked for the committee's favorable recommendation. Members of the committee commented about their positions on the bill.


BILL:	SB09-137
TIME:	03:59:18 PM
MOVED:	Roberts
MOTION:	Refer Senate Bill 09-137 to the Committee of the Whole with a favorable recommendation. The motion passed on 8-2, with 1 excused.
SECONDED:	Gardner B.
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	No
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Excused
	Levy	No

Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:00 PM -- Senate Bill 09-143

Representative Hullinghorst, sponsor, presented Senate Bill 09-143 concerning enforcing traffic regulations through the expanded use of an automated vehicle identification system. Currently, photo technology can be used to enforce traffic laws in school zones, residential neighborhoods, construction zones, and along streets that border a municipal park. This reengrossed bill changes to the use of photo traffic enforcement as follows:

photo traffic enforcement can now be used on any road with a speed limit of up to 50 miles per

hour, instead of being limited to roads in residential neighborhoods with speeds of up to

35 miles per hour;

traffic regulation and traffic safety are the only authorized use of ticket revenue;
the maximum penalty fine can be raised beyond the current limit of $40 (under specified conditions)

to cover the expenses of the photo traffic enforcement system; and

should HB09-1004 pass, photo traffic enforcement systems cannot be used to detect a violation

of using a cell phone while driving.

04:06 PM -- Kelly Dunnaway, Douglas County Sheriff's Office, spoke in support of the bill. Mr. Dunnaway discussed the changes made by the bill and how that will assist law enforcement agencies in enforcing traffic laws and reducing traffic accidents. He stated his belief that this bill simply makes a change that was an oversight in the original law.

04:11 PM -- Jim Szakmeister, Fort Collins Police Department, spoke in support of the bill. Lieutenant Szakmeister stated that the bill helps police maximize effectiveness of enforcement of traffic laws. He discussed the average compliance rates with traffic laws over a number of years and statistics regarding the reduction in traffic accidents and responded to questions from the committee.

04:18 PM -- Bill Cowern, Traffic Engineer with the City of Boulder, stated that Boulder has operated a photo radar program for the last 10 years and has not earned extra revenue from it, rather they have spent more to operate the program. Over 10 years there have been over 200,000 speeding violations caught by the photo radar. Due to the photo radar program, speeding has decreased in many areas of Boulder.

04:21 PM -- Mark Radtke, representing the Colorado Municipal League, spoke in favor of the bill stating that photo radar has been an effective program in the cities that have chosen to use it.


BILL:	SB09-143
TIME:	04:23:05 PM
MOVED:	Levy
MOTION:	Adopt amendment L.010 (Attachment D). Representative Hullinghorst explained the amendment. The chair announced that the amendment would be severed. Severed section A is lines 1-2 and 6-21, which is a settled question due to the passage of L.012. Severed section B is lines 3 through 5. Severed section B was adopted without objection.
SECONDED:	Ryden
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

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


BILL:	SB09-143
TIME:	04:25:17 PM
MOVED:	Gardner B.
MOTION:	SUBSTITUTE MOTION - Adopt prepared amendment L.012 (Attachment E) in the place of L.010. Jeremiah Barry, Office of Legislative Legal Services, came to the table to answer committee questions about the two amendments. The motion passed on a vote of 7-3, with 1 excused.
SECONDED:	Waller
		VOTE
	Apuan	Excused
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	Yes
	Roberts	Yes
	Ryden	No
	Waller	Yes
	McCann	No
	Levy	No

Not Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-143
TIME:	04:37:10 PM
MOVED:	Pace
MOTION:	WITHDRAWN - Amend the reengrossed bill, page 3, strike lines 12 and 13. The motion was withdrawn.
SECONDED:
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	SB09-143
TIME:	04:39:44 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.011 (Attachment F). The motion passed on a vote of 8-3.
SECONDED:	Ryden
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	No
	King	Yes
	Miklosi	Yes
	Pace	No
	Roberts	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes

Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-143
TIME:	04:41:23 PM
MOVED:	Court
MOTION:	Adopt prepared amendment L.007 (Attachment G). Mr. Barry explained that this amendment corrects a previous drafting error. The motion passed without objection.
SECONDED:	Ryden
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

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


BILL:	SB09-143
TIME:	04:41:51 PM
MOVED:	Apuan
MOTION:	Refer Senate Bill 09-143, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 8-3.
SECONDED:	Ryden
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	No
	King	Yes
	Miklosi	Yes
	Pace	No
	Roberts	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes

Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:42 PM -- Senate Bill 09-231

Representatives Solano and Bradford, sponsors, presented Senate Bill 09-231 concerning the continuation of the state methamphetamine task force. The bill extends the repeal of the Colorado Methamphetamine Task Force until January 1, 2014. Currently, the task force is set to repeal on January 1, 2010. The task force was created by the General Assembly in 2006 to develop a statewide strategy to respond to methamphetamine use in the state. The task force receives funding from private foundations and is comprised of 27 members from government and the private sector, including members of the General Assembly or their designee. The recent work of the task force includes creating a blueprint for addressing the methamphetamine problem in the state, conducting demonstration initiatives, and developing strategies to protect communities from the effects of methamphetamine. Representative Solano discussed the problem of methamphetamine in Colorado and how the task force has made improvements. Representative Bradford indicated that the bill is very simple and important for the state.

04:48 PM -- Geoff Blue, Colorado Attorney General's Office, spoke in support of the bill. Mr. Blue stated that the task force is an effective tool for combatting methamphetamine in Colorado and should be continued. He indicated that the task force could be a good blueprint for dealing with other drug problems in the state.

04:49 PM -- Lori Moriarty, National Alliance for Drug Endangered Children, spoke in support of the bill. Ms. Moriarty stated that the bill brings 23 individuals representing different disciplines to a single table to come address such an important issue. She spoke about some of the work accomplished by the task force to date.

04:54 PM

Representative Solano asked the committee to consider amending the bill without a prepared amendment.


BILL:	SB09-231
TIME:	04:56:01 PM
MOVED:	Roberts
MOTION:	Amend the reengrossed bill, page 2, line 4, strike "six" and substitute "four". The motion passed without objection.
SECONDED:	Court
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

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


BILL:	SB09-231
TIME:	04:56:32 PM
MOVED:	Court
MOTION:	Refer Senate Bill 09-231, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	McCann
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	Yes
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:58 PM

Representative Levy adjourned the committee.