Final
BILL SUMMARY for HB05-1226

HOUSE COMMITTEE ON JUDICIARY

Votes:
Action Taken:
Move Amendment L.001 (Attachment H). The motion p
Move Amendment L.003 (Attachment J). The chairman
Move Amendment L.004 (Attachment F). The motion p
Move Amendment L.006 (Attachment G). The motion p
Move Amendment L.007 (Attachment K). The motion p
Refer HB 05-1226, as amended, to the Committee on
Substitute motion to L.007 on page 2, lines 10 thr		Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS
TIE


04:06 PM -- House Bill 05-1226

Representative Frangas, the prime sponsor of HB 05-1226, Concerning Identity Theft, walked the committee through the bill's provisions. Committee members were provided with Amendments L.004 (Attachment F) and L.006 (Attachment G). Representative Frangas described his personal interaction with someone who appeared to be searching dumpsters for personal identifying information. He responded to questions from the committee about Section 2 and whether certain scenarios would be considered a violation of the new law. The chair granted permission for the bill sponsor and the witnesses to speak about amendments before the committee moves them (see action on amendments below).

The following people testified on the bill:

04:29 PM -- Mr. Don Childears, representing the Colorado Bankers Association, spoke in support of the bill and Amendment L.007. He described the impact of identity theft on consumers who work to repair their credit, and its significant fiscal impact on banks. He also spoke about the amendments.

04:33 PM -- Mr. Pete Kirchhof, representing the Colorado Credit Union League and Microsoft, spoke in support of the bill and Amendment L.007. He explained that the individuals who were going to speak on behalf of Microsoft were not available, but asked Mr. Kirchhof to express their support for Amendment L.002.

04:36 PM -- Ms. Ellen Swanson, representing the American Association of Retired Persons, spoke in support of the bill. She described the impact of identity theft on the elderly. Committee members were provided with Amendments L.001 (Attachment H), L.002 (Attachment I), L.003 (Attachment J), L.007 (Attachment K), and L.009 (Attachment L).

04:39 PM -- Mr. David Emerick, representing HSBC, spoke in support of the bill with an amendment.

04:40 PM -- Ms. Barbara Walker, representing the Independent Bankers of Colorado, spoke in support of Amendment L.008.

04:41 PM -- Mr. Gregory Staritzky, representing himself, voiced a concern with the bill regarding persons who are dumpster diving but are not looking for personal identifying information. Representative Frangas noted that the bill includes language regarding a person's intent to defraud by gathering this information.

04:47 PM -- Mr. Greg Romberg, representing the Colorado Press Association, spoke about Amendment L.003.


04:49 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments. In response to questions from the committee, the chairman stated that if L.004 passes, then he will rule that Amendment L.003, lines 1 through 4, is a settled question; and he will allow L.003 to be moved and severed as such. The bill sponsor dialogued with the committee regarding some concerns expressed in the testimony. Mr. Emerick returned to the table to discuss the operational concerns of Microsoft to change the term "privacy" to all caps.
BILL:HB05-1226
TIME: 04:50:09 PM
MOVED:Brophy
MOTION:Move Amendment L.004 (Attachment F). The motion passed without objection.
SECONDED:Boyd
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Excused
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB05-1226
TIME: 04:57:33 PM
MOVED:McGihon
MOTION:Move Amendment L.003 (Attachment J). The chairman severed the amendment as follows: Severed Section 1 (lines 1 through 4) and Severed Section 2 (lines 5 through 8). He then ruled that Severed Section 1 was a settled question. The motion on Severed Section 2 passed without objection.
SECONDED:Carroll M.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Excused
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB05-1226
TIME: 05:00:30 PM
MOVED:McGihon
MOTION:Move Amendment L.001 (Attachment H). The motion passed without objection.
SECONDED:Carroll M.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Excused
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB05-1226
TIME: 05:01:03 PM
MOVED:McGihon
MOTION:Move Amendment L.007 (Attachment K). The motion passed without objection.
SECONDED:Carroll M.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Excused
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB05-1226
TIME: 05:02:30 PM
MOVED:Judd
MOTION:Substitute motion to L.007 on page 2, lines 10 through 11. The chairman asked Representative Judd to explain the amendment before he would determine if the motion was in order. Following discussion by the committee, Representative Judd amended the substitute motion to add "or another tool" to L.007. Following more discussion, he withdrew the substitute motion.
SECONDED:
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Excused
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE

Representative Frangas commented on the substitute motion and responded to questions from the committee about his intent.
BILL:HB05-1226
TIME: 05:07:44 PM
MOVED:Carroll T.
MOTION:Move Amendment L.006 (Attachment G). The motion passed without objection.
SECONDED:Carroll M.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Excused
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

Prior to the vote, in response to questions from the committee, Mr. Michael Dohr, Office of Legislative Legal Services, explained there was an equal protection issue if the bill did not contain a financial transaction device exemption.
BILL:HB05-1226
TIME: 05:11:34 PM
MOVED:McGihon
MOTION:Refer HB 05-1226, as amended, to the Committee on Appropriations. The motion carried on a vote of 10-0-1.
SECONDED:Jahn
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Excused
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Not Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS