Date: 02/17/2012
Final
BILL SUMMARY for HB12-1266
HOUSE COMMITTEE ON JUDICIARY
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11:01 AM -- House Bill 12-1266
Representative Sonnenberg, prime sponsor, presented House Bill 12-1266 concerning the continuation of the licensing of persons who furnish bail for compensation. He distributed prepared amendment L.004 (Attachment A) and discussed ongoing negotiations with the stakeholders about drafting the right bill. He indicated that a strike-below amendment is likely forthcoming, but is not yet available. Representative Gardner announced that action on the bill would be laid over until Thursday, February 23, 2012. The committee discussed the ongoing negotiations about the bill.
11:11 AM -- Paula Sisneros, representing the Division of Insurance in the Department of Regulatory Agencies (DORA), testified about the bill. Ms. Sisneros stated her opinion that the regulatory structure for bail bonding agents should be completely rewritten, rather than simply being amended. Colorado currently has three types of bail bond agents that are licensed through the Division of Insurance. They are cash, professional cash, and surety bond agents. Some agents hold a dual status. She explained her proposal that all surety bond agents be moved to a regular casualty insurance agent license and all cash and professional cash bond agents be simple licensees under the Division of Registrations. She discussed the merits of her proposal. Ms. Sisneros responded to questions from the committee.
11:23 AM -- Brian Pritchard, representing the Division of Registrations in DORA, testified about the bill. Mr. Pritchard spoke about Ms. Sisneros' proposal to move cash and professional cash bond agents under the regulation of the Division of Registrations. He responded to questions from the committee about the costs associated with regulating a small pool of licensees.
11:28 AM -- Corky Kyle, representing the Rocky Mountain Bail Agents' Association, testified about the bill. Mr. Kyle commended Representative Sonnenberg for his willingness to have open discussions and negotiations about the bill.
11:30 AM -- Erik Schneider, representing Mary Ellen Pollack, testified about the bill. Mr. Schneider expressed concerns about any plan that would put cash and professional cash bond agents out of business and about the rules-promulgation process. Representatives Sonnenberg and Gardner both stated their intent to regulate all bail bonding agents properly, but not in an overly burdensome manner. Mr. Schneider responded to questions from the committee about additional concerns expressed by Ms. Pollack.
11:37 AM -- David Widhalm, representing himself, testified about the bill. Mr. Widhalm expressed concerns about the future of cash and professional cash bond agents. He responded to questions from the committee about qualification bond limits. Discussion ensued about dual licensing of bond agents.
11:43 AM -- Jason Armstrong, representing the Professional Bail Agents of Colorado, testified about the bill. Mr. Armstrong expressed general support for Ms. Sisneros' proposal.
11:44 AM -- Dave Hyatt, representing American Contractors Indemnity Company, testified about the bill.
11:47 AM -- Maureen Cain, representing the Colorado Criminal Defense Bar and the Colorado Commission on Criminal and Juvenile Justice, testified about the bill. Ms. Cain stated that the business of bail bonding is inextricably linked with the criminal justice system.
11:49 AM -- Mark Spensieri, representing himself, testified about the bill. Mr. Spensieri expressed concerns about the future of cash and professional cash bond agents as the bill goes forward. He explained the process of paying bonding premium taxes.
11:55 AM
Representative Gardner explained that further discussion is required about how to proceed with the bill. He invited all of the stakeholders to a meeting about the bill immediately following the conclusion of the committee hearing. The committee discussed the forthcoming stakeholders' meeting.
12:04 PM
The committee adjourned.