Date: 09/25/2012

Final
Draft Bill #8

WILDFIRE COMMISSION

Votes: View--> Action Taken:
Move that Bill #8 be forwarded by the commission tTIE




11:39 AM -- Draft Bill #8

Mr. Lackner explained the effect of Draft Bill #8, concerning an increase in the maximum amount that may be recovered from a public entity for an injury to more than any one person in any single occurrence under the "Colorado Governmental Immunity Act" (CGIA). Representative Levy provided additional input on the effect and intent of the bill. Representative Levy responded to questions from commission members regarding the rationale behind the new recovery cap established by Draft Bill #8, and the application of the bill to all torts, not just those involving wildfires. Representative Levy responded to further questions regarding the applicability of the new cap in instances of negligence and liability.

11:47 AM

The following persons testified regarding Draft Bill #8:

11:47 AM

Mr. David Blake, representing the Colorado Attorney General, testified from a neutral position on Draft Bill #8. Mr. Blake updated the commission on the number of claimants of property loss due to the Lower North Fork wildfire, and the total dollar amount of the claims. Mr. Blake provided background on past changes made to the liability caps in the CGIA, and compared these caps to similar caps in other states. Mr. Blake discussed the number of claims received by the Department of Law each year under the CGIA. He also discussed the rationale behind the caps established by Draft Bill #8, and brought up issues regarding the retroactivity of the bill. Mr. Blake discussed the effect of a safety clause in the bill for for claims submitted around the effective date of the bill, if it were to pass out of the General Assembly. Discussion ensued regarding the timing of claims in order to be eligible for the increase proposed in Draft Bill #8. Mr. Blake responded to questions from the commission members regarding the ability of a claimant to open settled claims under the new caps, and the number of claims the Department of Law currently receives that are multiple claims for the same incident. He responded to additional questions regarding the number of claimants of the Lower North Fork wildfire incident were subject to insurance claims, and the applicability of the CGIA to non-property recovery for claimants.

12:04 PM

Mr. Tom Scanlan discussed the amount of money that would be available to individuals who lost property due to the Lower North Fork wildfire under the new caps created by Draft Bill #8. Mr. Scanlan compared his insurance liability limits with the caps in place under the CGIA, and talked about the need for the state to insure itself in matters of negligence.

12:06 PM

Discussion ensued about the timing of Draft Bill #8, and the need to have a more thorough discussion about the CGIA caps. Discussion followed regarding the applicability of the new caps created by the draft bill on the Lower North Fork wildfire, and constitutional issues associated with the effective date of the bill.
BILL:Draft Bill #8
TIME: 12:11:50 PM
MOVED:Levy
MOTION:Move that Bill #8 be forwarded by the commission to the Legislative Council. The motion failed on a 2-2 vote.
SECONDED:
VOTE
Davis
Excused
Gerou
No
Levy
Yes
Nicholson
Yes
Roberts
No
YES: 2 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: TIE


12:12 PM

The commission recessed.