Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
JUDICIARY
Date:
04/29/2005
ATTENDANCE
Time:
11:47 AM
to
12:40 PM
Boyd
*
Brophy
*
Place:
HCR 0112
Decker
X
Harvey
X
This Meeting was called to order by
Hefley
X
Representative
Carroll T.
Jahn
*
Judd
*
This Report was prepared by
Kerr
X
Jennifer Moe
McGihon
X
Carroll M.
X
Carroll T.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
SB05-018
HB05-1347
HB05-1348
Laid Over to May 12
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
11:48 AM -- Senate Bill 05-018
Representative M. Carroll chaired the committee while Representative T. Carroll presented his bill to the committee. Representative T. Carroll, the prime sponsor of SB 05-018, Concerning the Forfeiture of Vehicles for Driving Under Restraint Due to Substance-Related Offenses, returned to the table to discuss his bill. (The committee heard testimony on the bill on April 28, after which the bill was laid over to April 29).
BILL:
SB05-018
TIME:
11:48:28 AM
MOVED:
Carroll T.
MOTION:
Lay over SB 05-018 until May 12, 2005. The motion passed on a 9-0-2 vote.
SECONDED:
Carroll M.
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Yes
Jahn
Excused
Judd
Excused
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES:
9
NO:
0
EXC:
2
ABS:
0
FINAL ACTION:
PASS
11:49 AM -- House Bill 05-1347
Representative Solano, the prime sponsor of HB 05-1347, Concerning Criminal Penalties For the Use of Electronic Devices for the Purpose of Identity Theft, summarized the bill's provisions. She responded to committee questions.
The following people testified:
11:52 AM --
Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill.
BILL:
HB05-1347
TIME:
11:53:38 AM
MOVED:
Carroll T.
MOTION:
Move Amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:
Boyd
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Excused
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES:
0
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1347
TIME:
11:55:34 AM
MOVED:
Carroll T.
MOTION:
Refer HB 05-1347, as amended, to the Committee of the Whole. The motion passed unanimously.
SECONDED:
Kerr
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
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.