Date: 02/04/2009

Final
BILL SUMMARY for SB09-036

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared amendment L.004 (Attachment A). Th
Refer Senate Bill 09-036, as amended, to the Commi		Pass Without Objection
PASS



01:43 PM -- Senate Bill 09-036

Senator Gibbs, bill sponsor, provided an overview of SB 09-036. He indicated that this bill deals with music piracy and is similar to a bill that was introduced last year. He discussed the economic losses concerning music piracy. Senator Gibbs noted that the provision from the previous year that made music piracy a felony was taken out, but the bill does institute mandatory fines.

01:46 PM -- Carlos Linares, representing the Recording Industry Association of America, spoke in support of the bill. He explained that his organization is working to address the issue of music piracy. Mr. Linares indicated that if the music piracy statutes are not strong enough then they find that local law enforcement is not interested in enforcing the statutes. Mr. Linares stated that music piracy is a serious problem in Colorado because it is not a felony. An additional mechanism for making the statute more robust, according to Mr. Linares, is to institute fines which would be accomplished with this bill. He discussed the ways that music pirates are using new technologies to create new products.


01:54 PM

Senator Hudak asked about specific provisions in the proposed amendment (Attachment A). Senator Newell asked about whether this bill would be applicable to individuals who may share a few copies of a CD rather than commercial interests. Mr. Linares indicated that this bill only pertains to people who are engaging in music piracy for commercial gain. Senator Lundberg inquired about the ways in which people engaging in music piracy might be able to get around the provisions of the bill. Mr. Linares noted that this law is intended to be a consumer protection statute.

09SenateJud0204AttachA.pdf

02:02 PM -- Martin Trujillo, representing himself, spoke in support of the bill. He stated that he is a music store owner and he explained that his business is declining because of music piracy.


02:03 PM

Senator Gibbs concluded his discussion of the bill. He noted that many music businesses have closed down because of music piracy.
BILL:SB09-036
TIME: 02:05:27 PM
MOVED:Carroll M.
MOTION:Adopt prepared amendment L.004 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Hudak
King K.
Lundberg
Newell
Renfroe
Carroll M.
Morse
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


02:06 PM

Senator Lundberg discussed his concerns with the bill.
BILL:SB09-036
TIME: 02:06:49 PM
MOVED:Carroll M.
MOTION:Refer Senate Bill 09-036, as amended, to the Committee of the Whole. The motion passed on a 6-1 roll call vote.
SECONDED:
VOTE
Hudak
Yes
King K.
Yes
Lundberg
No
Newell
Yes
Renfroe
Yes
Carroll M.
Yes
Morse
Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS