Date: 04/13/2009

Final
BILL SUMMARY for HB09-1305

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared Amendment L.005 (Attachment B). Th
Refer House Bill 09-1305 to the Committee of the W		FAIL
PASS



03:52 PM -- House Bill 09-1305

Senator Veiga, bill sponsor, presented House Bill 09-1305 concerning limitations on the requirements for cost bonds in civil lawsuits. Senator Veiga explained that the bill allows people to have their day in court without having substantial costs placed on the plaintiff.

03:55 PM -- Casey Quillen, representing the Colorado Defense Lawyers Association, spoke in opposition to the bill. She noted that her main concern is that the bill removes judicial discretion in imposing cost bonds. She believes that the $5,000 cap on cost bonds may not be sufficient in some cases. According to Ms. Quillen, it is very difficult to pursue collections in cases where the plaintiff is out of state.


04:00 PM

Senator Carroll asked about frivolous lawsuits and ways that costs are recouped in those cases.

04:01 PM -- Michael Hutchinson, representing himself, spoke in opposition to the bill. He discussed the types of costs that would be included in a cost bond and noted that the $5,000 cap will not cover the costs in most cases. He described a case he is litigating that involves an out of state plaintiff where the costs are much higher than $5,000.


04:14 PM

The committee discussed cost bonds with Mr. Hutchinson. Senator Renfroe distributed Amendment L.005 (Attachment B).

09SenateJud0413AttachB.pdf

04:16 PM -- Curt Zelepugas, representing himself, spoke in support of the bill. He discussed his personal experiences with a lawsuit that he pursued where a $50,000 cost bond was imposed. Senator Renfroe asked if Mr. Zelepugas was a resident during the lawsuit and Mr. Zelepugas indicated that he was a resident of Colorado.

04:21 PM -- Scott Espinoza, representing himself, spoke in support of the bill. He discussed his personal experiences with cost bonds and not being able to pursue his case because of a high cost bond.

04:26 PM -- Donald D'Antuono, representing himself, spoke in support of the bill. He discussed several situations where Colorado residents are forced to pay high cost bonds. He noted that the indigent are not required to pay cost bonds, but the middle class are in situations where their cases may be dismissed because they cannot pay for the cost bonds.

04:30 PM -- Julia Thompson, representing the Colorado Trial Lawyers Association, spoke in support of the bill. She indicated that she believes that this bill is about ensuring that people have access to the courts. She noted that 47 states do not have resident cost bonds.


04:40 PM

Senator Veiga concluded her presentation of the bill.
BILL:HB09-1305
TIME: 04:41:39 PM
MOVED:Renfroe
MOTION:Adopt prepared Amendment L.005 (Attachment B). The motion failed on a 3-4 roll call vote.
SECONDED:
VOTE
Hudak
No
King K.
Yes
Lundberg
Yes
Newell
No
Renfroe
Yes
Carroll M.
No
Morse
No
Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB09-1305
TIME: 04:45:36 PM
MOVED:Carroll M.
MOTION:Refer House Bill 09-1305 to the Committee of the Whole. The motion passed on a 4-3 roll call vote.
SECONDED:
VOTE
Hudak
Yes
King K.
No
Lundberg
No
Newell
Yes
Renfroe
No
Carroll M.
Yes
Morse
Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:46 PM

The committee adjourned.