Bill Summary for Bill Number HB06-1305

Date: 03/02/2006

Final
BILL SUMMARY for HB06-1305

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Moved prepared amendment L.001 (Attachment A). Th Moved prepared amendment L.002 (Attachment B). Th Moved prepared amendment L.003 (Attachment C). Th Moved prepared amendment L.004 (Attachment D). Th Moved to postpone House Bill 06-1305 indefinitely. Refer House Bill 06-1305 to the Committee of the W	Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection PASS FAIL TIE

01:42 PM -- House Bill 06-1305

Representative Penry, prime sponsor, presented House Bill 06-1305 concerning the certificate of review required for bringing a civil action for professional negligence. The bill specifies that the filing of a certificate of review concerning the consultation by the plaintiff's attorney with an expert witness is a jurisdictional prerequisite to maintaining a professional negligence action. It specifies that the failure to file such a certificate will result in the dismissal of the action with prejudice. The bill also clarifies the term "good cause" for the purposes of extending the time within which a plaintiff may file the certificate. Representative Penry explained prepared amendments L.001 through L.004 (Attachments A-D).

01:50 PM -- Natalie Brown, Colorado Trial Lawyers Association, spoke in opposition to the bill. Ms. Brown stated that the bill is unnecessary because Colorado currently has a very stringent certificate of review statute. She expressed concerns about shortening the length of time allowed by the bill for filing all relevant documents. She believes the current amount of time is barely adequate to gather records. Ms. Brown stated that judicial discretion to make a ruling is very important and this bill limits that discretion in a detrimental manner.

01:57 PM -- Elizabeth Stars, Colorado Bar Association, spoke in opposition to the bill. Ms. Stars has jurisdictional concerns with the bill. She thinks jurisdictional issues should be decided by the court and are not something the legislature should control.

02:01 PM -- Byrum Lee, attorney, spoke in support of the bill if it is amended. Mr. Lee thought the original bill was overreaching and could potentially cause unnecessary litigation. He believes the amendments address limitations in the current law, including overbroad discretion for ruling on certificates of review. Mr. Lee feels that the amended bill provides protection for all parties.

02:05 PM

Representative Penry addressed the issue of a good cause exemption in the bill, which should mitigate concerns about an overly short timeline.

02:06 PM -- Richard Weed, American Council of Engineering Companies Colorado, spoke in support of the bill if it is amended. Mr. Weed reiterated the testimony of the previous witness. He provided a list of reasons for opposition to the bill unless it is amended (Attachment E).

02:08 PM -- James Holmes, Colorado Medical Society, spoke in support of the bill. Dr. Holmes expressed his frustration, as a surgeon, with the lengthy time period allowed for civil actions. He stated that these cases are emotionally and financially taxing on those involved.

02:10 PM -- Ted Clark, COPIC Corporation, spoke in support of the bill. Mr. Clark provided a chart to the committee detailed the amount of money spent on lawsuits that were dismissed (Attachment F). He discussed the issue of defensive medicine.

02:12 PM -- George Dikeou, COPIC Corporation, spoke in support of the bill. Mr. Dikeou discussed the issue of access to the judicial system.

02:14 PM -- Tony Gagliardi, National Federation Independent Business, spoke in support of the bill. Mr. Gagliardi discussed the affordability of health care coverage for business owners. He stated that medical malpractice claims contribute to driving up health care premiums.

02:18 PM

Representative Penry wrapped up his presentation of the bill and further explained each of the prepared amendments.


BILL:	HB06-1305
TIME:	02:19:09 PM
MOVED:	Witwer
MOTION:	Moved prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Decker
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1305
TIME:	02:19:22 PM
MOVED:	Witwer
MOTION:	Moved prepared amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Decker
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1305
TIME:	02:19:57 PM
MOVED:	Witwer
MOTION:	Moved prepared amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:	Decker
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1305
TIME:	02:20:58 PM
MOVED:	Witwer
MOTION:	Moved prepared amendment L.004 (Attachment D). The motion passed without objection.
SECONDED:	Decker
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1305
TIME:	02:23:31 PM
MOVED:	Witwer
MOTION:	Refer House Bill 06-1305 to the Committee of the Whole, as amended, with a favorable recommendation. The motion failed on a vote of 4-6, with one excused.
SECONDED:	Gardner
		VOTE
	Boyd	No
	Clapp	Excused
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	No
	Judd	No
	McGihon	No
	Witwer	Yes
	Carroll M.	No
	Carroll T.	No
Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1305
TIME:	02:29:24 PM
MOVED:	McGihon
MOTION:	Moved to postpone House Bill 06-1305 indefinitely. The motion passed on a vote of 6-4, with one excused.
SECONDED:	Judd
		VOTE
	Boyd	Yes
	Clapp	Excused
	Decker	No
	Gardner	No
	Hefley	No
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	No
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS