Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
JUDICIARY
Date:
03/10/2005
ATTENDANCE
Time:
02:05 PM
to
03:34 PM
Boyd
X
Brophy
X
Place:
HCR 0112
Decker
X
Harvey
X
This Meeting was called to order by
Hefley
X
Representative
Carroll T.
Jahn
X
Judd
X
This Report was prepared by
Kerr
X
Jennifer Moe
McGihon
*
Carroll M.
X
Carroll T.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
SB05-025
SB05-034 (Final Action)
SB05-002
SB05-004
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
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
02:55 PM -- Senate Bill 05-034
Representative Boyd, the prime sponsor of SB 05-034, Concerning a Ban on Alcohol-Without-Liquid Devices, returned to the table for final action on the bill. The committee heard testimony on the bill on March 3, 2005, and adopted Amendment L.007 at that time. Committee members were provided with a letter from the Colorado Association of Chiefs of Police (Attachment A), and an article from Newsweek on alcohol-without-liquid devices (AWOL) devices (Attachment B). Representative Boyd explained some limitations on research about AWOL devices and discussed the effects on the body of consuming alcohol by AWOL devices.
BILL:
SB05-034
TIME:
03:01:45 PM
MOVED:
Boyd
MOTION:
Refer SB 05-034, as amended, to the Committee of the Whole. The motion carried on a vote of 8-3.
SECONDED:
Jahn
VOTE
Boyd
Yes
Brophy
No
Decker
Yes
Harvey
No
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
No
Carroll T.
Yes
Final YES:
8
NO:
3
EXC:
0
ABS:
0
FINAL ACTION:
PASS
03:03 PM -- Senate Bill 05-002
Representative Vigil, the prime sponsor of SB 05-002, Concerning Juvenile Parole, summarized the bill's provisions and purpose. Committee members were provided with talking points on the bill (Attachment C). Representative Vigil answered questions from the committee regarding the provision that reduces the mandatory parole period from nine months to six months for juveniles serving consecutive sentences.
The following people testified on the bill:
03:07 PM --
Ms. Deborah Nelson, representing the Juvenile Parole Board, spoke in favor of the bill and answered questions from the committee regarding the legislative intent for not lowering the mandatory parole period for juveniles serving consecutive sentences when the provision was created. Committee members were provided with an audit report on juvenile parole (on file with Legislative Council Staff).
03:08 PM --
Ms. Heather Sanchez, representing the Office of the State Auditor, was available for questions from the committee. There were none.
03:08 PM --
Mr. Dean Conder, representing the Juvenile Parole Board, signed up to testify in favor of the bill but did not testify because the committee had no questions for him.
03:09 PM --
Mr. Paul Rosenthal, representing the Pendulum Foundation, spoke in support of the bill.
03:10 PM
The chairman closed the public testimony portion of the hearing. No amendments were offered by the committee or the bill sponsor. Representative Vigil made closing comments on the bill.
BILL:
SB05-002
TIME:
03:11:25 PM
MOVED:
Boyd
MOTION:
Refer SB 05-002 to the Committee of the Whole. The motion carried on a vote of 11-0.
SECONDED:
Decker
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES:
11
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
03:12 PM -- Senate Bill 05-004
Representative Soper, the prime sponsor of SB 05-004, Concerning Additions to the List of Persons Required to Report Child Abuse or Neglect, summarized the bill's provisions. Committee members were provided with a letter of support for the bill from the Colorado Federation of Animal Welfare Agencies (Attachment D).
The following people testified on the bill:
03:16 PM --
Ms. Theresa Spahn, representing herself, spoke in favor of the bill and provided the committee with a historical perspective on how the bill came forward. She responded to questions from the committee about whether certain professionals are mandatory reporters.
03:21 PM --
Mr. Keith Davis, representing the Colorado Department of Agriculture and the Dumb Friends League, came to the table to discuss amendments to the bill. The chairman granted permission to speak to amendments before they were moved. Committee members were provided with Amendment L.004 (Attachment E) and L.005 (Attachment F). Mr. Davis responded to questions from the committee regarding who would be considered a mandatory reporter.
03:26 PM
The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.
BILL:
SB05-004
TIME:
03:26:56 PM
MOVED:
Carroll M.
MOTION:
Move Amendment L.004 (Attachment E). The motion passed without objection.
SECONDED:
Carroll T.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
After the amendment was moved, Ms. Jennifer Gilroy, Revisor of Statutes, Office of Legislative Legal Services, answered questions about the provisions of L.004.
BILL:
SB05-004
TIME:
03:31:28 PM
MOVED:
Carroll M.
MOTION:
Move Amendment L.005 (Attachment F). The motion passed without objection.
SECONDED:
Harvey
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
SB05-004
TIME:
03:33:55 PM
MOVED:
Carroll M.
MOTION:
Refer SB 05-004, as amended, to the Committee of the Whole. The motion carried unanimously on a vote of 11-0.
SECONDED:
Judd
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES:
11
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
03:34 PM
The committed adjourned.