House Committee on Judiciary (04/08/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	04/08/2010	ATTENDANCE

Time:	01:34 PM to 02:09 PM	Court	X
		Gardner B.	X
Place:	HCR 0107	Kagan	X
		King S.	X
This Meeting was called to order by		Miklosi	X
	Representative Levy	Nikkel	X
		Pace	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:
HB10-1251 HB10-1351		Postponed Indefinitely Amended, Referred to the Committee of the Whole

01:34 PM -- House Bill 10-1251

Representative Court asked the committee to postpone indefinitely House Bill 10-1251 concerning file retention by attorneys of record in felony criminal cases. She explained that new rules have been promulgated by the Judicial Branch, rendering the bill unnecessary.


BILL:	HB10-1251
TIME:	01:36:02 PM
MOVED:	Court
MOTION:	Postpone indefinitely House Bill 10-1251. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Kagan
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Excused
	Levy	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:36 PM -- House Bill 10-1351

Representative Ferrandino returned to the committee to discuss House Bill 10-1351, which was originally discussed on Monday, March 8, 2010, and was referred back to the committee by the Committee of the Whole. He distributed an information sheet about the amendments he proposed (Attachment A). He also distributed prepared amendments L.005 and L.006 (Attachments B and C).


BILL:	HB10-1351
TIME:	01:39:15 PM
MOVED:	Court
MOTION:	Adopt prepared amendment L.005 (Attachment B). The motion passed without objection.
SECONDED:	Miklosi
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann	Excused
	Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1351
TIME:	02:07:28 PM
MOVED:	Court
MOTION:	Adopt prepared amendment L.006 (Attachment C). The amendment changes the maximum interest rate that may be charged on payday loans from 36 percent to 45 percent. It also allows payday lenders to charge an origination fee of no more than $10 for every $100 loaned. Members of the committee asked questions about the amendment and held a lengthy discussion about the changes. Representative Gardner requested that the bill be laid over to give the payday lending industry time to consider the amendment. Members of the committee discussed Representative Gardner's request. Representative Levy denied the request. The motion passed on a vote of 7-4.
SECONDED:	Miklosi
		VOTE
	Court	Yes
	Gardner B.	No
	Kagan	Yes
	King S.	No
	Miklosi	Yes
	Nikkel	No
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1351
TIME:	02:08:50 PM
MOVED:	Kagan
MOTION:	Refer House Bill 10-1351, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 7-4.
SECONDED:	Miklosi
		VOTE
	Court	Yes
	Gardner B.	No
	Kagan	Yes
	King S.	No
	Miklosi	Yes
	Nikkel	No
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:09 PM

Representative Levy adjourned the committee.