Final
BILL SUMMARY for SB05-025

HOUSE COMMITTEE ON JUDICIARY

Votes:
Action Taken:
Refer SB 05-025 to the Committee of the Whole. ThPASS


02:05 PM -- Senate Bill 05-025

Representative Carroll called the committee to order after recessing from the last meeting. Although a quorum was not necessary, a quorum of the committee was present. Representative Stengel, the prime sponsor of SB 05-025, Concerning Adjustments to Damages Limitation Statutes to Reflect the Effects of Inflation, summarized the bill's provisions, discussed why it was necessary, responded to questions and arguments from persons who are opposed to the bill, and described some current civil court procedures.

The following people testified on the bill:

02:12 PM -- Mr. George DiKeou, representing COPIC Insurance Company and the Colorado Civil Justice League, spoke in opposition to the bill. He explained why the current damages cap of $250,000 was chosen and the purpose of damages limitations. He responded to questions from the committee regarding the impact of the prior cost-of-living increase in 1998 on the cost of insurance and further discussed non-economic damages. He also answered questions about the need to periodically readjust the cap over time to match the growth of inflation. The committee discussed these issues further.

02:27 PM -- Ms. Jo Ann Groff, representing the Colorado Retail Council, spoke in opposition to the bill. She talked about the purpose of damages for non-economic loss or injury and explained why there should not be a periodic inflationary adjustment to such losses. She responded to questions from the committee regarding the rationale for adjusting for an economic loss but not for a non-economic loss, and unintended consequences resulting from the passage of the bill.

02:36 PM -- Mr. Greg Tiemeier, representing the Colorado Defense Lawyers Association, spoke in opposition to the bill. He explained why non-economic losses should not be tied to the consumer market and responded to questions from the committee.

02:41 PM -- Mr. Robert Schuetze, representing the Colorado Trial Lawyers Association, spoke in support of the bill in the interest of fairness, since the damages limitations were adjusted in 1998 and other caps are already tied to the value of the dollar. He spoke about what damages limitations the bill does not adjust (medical malpractice, governmental immunity) and what it does adjust (pain and suffering, wrongful death). He disputed specific comments made during earlier testimony (e.g., damages caps being tied to insurance rates). He then responded to questions from the committee regarding a one-time adjustment versus annual adjustments of the caps.

02:51 PM -- Mr. Murray Oghorn, representing the Colorado Trial Lawyers Association, signed up to testify in support of the bill, but stated that he did not have anything to add to the prior testimony.


02:51 PM

The chairman closed the public testimony portion of the hearing. No amendments were offered by the committee or the bill sponsor. Representative Stengel made closing comments on the bill. Committee members also commented.
BILL:SB05-025
TIME: 02:54:33 PM
MOVED:Judd
MOTION:Refer SB 05-025 to the Committee of the Whole. The motion carried on a vote of 8-3.
SECONDED:Carroll M.
VOTE
Boyd
Yes
Brophy
No
Decker
No
Harvey
No
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS