Final
BILL SUMMARY for
HB05-1348
HOUSE
COMMITTEE ON
JUDICIARY
Votes:
Action Taken:
Conceptual amendment on page 2, lines 15 and 18: s
Refer HB 05-1348, as amended, to the Committee of
Pass Without Objection
PASS
11:57 AM -- House Bill 05-1348
Representative McGihon, the prime sponsor of HB 05-1348, Concerning a Certificate of Review in a Licensed Professional Malpractice Case When There is an Amended Pleading, summarized the bill's provisions and responded to committee questions. Representative McGihon offered further information to clarify the bill's intent.
12:07 PM
-- Representative Morgan Carroll assumed the chair.
The following people testified:
12:09 PM --
Mr. Jeff Reubel, Colorado Defense Lawyers Association, testified in opposition to the bill. Mr. Reubel believes that the part of statutes this bill addresses needs some revision. He noted that his association originally believed that this bill would place a requirement of a certificate of requirement upon the defendant. He stated that Rep. McGihon has explained to him that this would not be the case. He reviewed other issues his association had with the bill, and responded to committee questions.
12:15 PM
-- Representative Terrance Carroll assumed the chair.
12:17 PM
Representative Morgan Carroll offered an explanation of some of the rules of civil procedures as they relate to the bill.
12:21 PM
Representative McGihon asked Mr. Michael Dohr, Office of Legislative Legal Services, to explain language in the bill as it related to Mr. Reubel's testimony. Representative McGihon responded to committee questions.
12:24 PM --
Mr. R. Parker Semler, representing himself, testified in support of the bill. He believes the bill offers valid fixes in this area of the law. He specifically indicated that if someone does not file within the 60-day period mentioned in the bill, a lawsuit can be dismissed. He responded to committee questions. Representative McGihon indicated that she is willing to run a Second Reading amendment to provide some clarification on the bill.
BILL:
HB05-1348
TIME:
12:35:16 PM
MOVED:
Carroll M.
MOTION:
Conceptual amendment on page 2, lines 15 and 18: strike the phrase "PLAINTIFF OR COMPLAINANT" and insert "PLAINTIFF'S AND COMPLAINANT'S ATTORNEY". The motion passed without objection
SECONDED:
Hefley
VOTE
Boyd
Excused
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final
YES:
0
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1348
TIME:
12:39:42 PM
MOVED:
McGihon
MOTION:
Refer HB 05-1348, as amended, to the Committee of the Whole. The motion was adopted on a 10-0-1 vote.
SECONDED:
Carroll M.
VOTE
Boyd
Excused
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final
YES:
10
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
PASS
12:40 PM
The committee adjourned.