Bill Summary for Bill Number HB09-1113

Date: 02/02/2009

Final
BILL SUMMARY for HB09-1113

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.001 (Attachment H). Th Adopt prepared amendment L.005 (Attachment I). Th Postpone House Bill 09-1113 indefinitely. The mot Reconsider the motion to adopt prepared amendment Refer House Bill 09-1113, as amended, to the Commi	FAIL PASS PASS TIE FAIL

05:27 PM -- House Bill 09-1113

Representative Summers, prime sponsor, presented House Bill 09-1113 concerning limitations on recovery for damages suffered by a person who fails to comply with the compulsory insurance law. This bill prohibits the uninsured owner or operator of a motor vehicle from collecting the first $10,000 for bodily injury and the first $10,000 for property damages in a civil action for damages arising from an accident. Representative Summers stated that eight states have adopted a "no pay, no play" law with regard to the recovery of noneconomic damages. The bill does not apply when the at fault driver is under the influence of drugs or alcohol. The committee discussed the fact that the bill addresses noneconomic damages in a lawsuit. Property damage and medical costs are not affected by the bill. The committee discussed potential problems caused by prepared amendment L.001 (Attachment H).

05:43 PM

The committee continued to discuss noneconomic damages for pain and suffering and how the bill would require an individual who operates a motor vehicle without insurance to make the choice to forego such damages. The question was raised as to whether an individual who is at fault in an accident receives a benefit by not being held fully accountable for the damage caused.

05:48 PM -- Mike Hodges, Colorado Trial Lawyers Association, spoke in opposition to the bill. Mr. Hodges stated his belief that criminal law already provides sanctions for individuals who choose to drive without insurance. He raised the question of the connection between the careless act of one individual and the failure to obtain insurance. He asked the biggest reason that people do not carry insurance. Generally, it is because they cannot afford it. He stated that the bill does not acknowledge the seriousness of a particular injury to an uninsured motorist and what that might mean to their daily lives/

05:52 PM -- Bob Ross, National Association of Insurance and Financial Advisors, spoke in support of the bill. Mr. Ross stated that approximately 15 percent of Colorado citizens drive without insurance and discussed various disincentives for driving without insurance.


BILL:	HB09-1113
TIME:	05:58:27 PM
MOVED:	Roberts
MOTION:	Adopt prepared amendment L.005 (Attachment I). The motion passed on a vote of 7-3, with 1 excused.
SECONDED:	Gardner B.
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Excused
	Miklosi	Yes
	Pace	Yes
	Roberts	Yes
	Ryden	No
	Waller	No
	McCann	Yes
	Levy	No

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


BILL:	HB09-1113
TIME:	05:59:47 PM
MOVED:	Roberts
MOTION:	Adopt prepared amendment L.001 (Attachment H). The motion failed on a vote of 3-7, with 1 excused.
SECONDED:	Waller
		VOTE
	Apuan	Yes
	Court	No
	Gardner B.	Yes
	King	Excused
	Miklosi	No
	Pace	No
	Roberts	Yes
	Ryden	No
	Waller	No
	McCann	No
	Levy	No

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


BILL:	HB09-1113
TIME:	06:00:35 PM
MOVED:	Roberts
MOTION:	Refer House Bill 09-1113, as amended, to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 2-8, with 1 excused.
SECONDED:	Gardner B.
		VOTE
	Apuan	No
	Court	No
	Gardner B.	Yes
	King	Excused
	Miklosi	No
	Pace	No
	Roberts	Yes
	Ryden	No
	Waller	No
	McCann	No
	Levy	No

Not Final YES: 2 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1113
TIME:	06:03:23 PM
MOVED:	Gardner B.
MOTION:	Reconsider the motion to adopt prepared amendment L.005. The motion died for a lack of a second.
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:	HB09-1113
TIME:	06:04:13 PM
MOVED:	Pace
MOTION:	Postpone House Bill 09-1113 indefinitely. The motion passed on a vote of 8-2, with 1 excused.
SECONDED:	Roberts
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	No
	King	Excused
	Miklosi	Yes
	Pace	Yes
	Roberts	No
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

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

06:04 PM

Representative Levy adjourned the committee.