Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:03/05/2009
ATTENDANCE
Time:01:37 PM to 02:25 PM
Apuan
X
Court
X
Place:HCR 0107
Gardner B.
X
King
X
This Meeting was called to order by
Miklosi
*
Representative Levy
Pace
X
Roberts
X
This Report was prepared by
Ryden
X
Jessika Shipley
Waller
X
McCann
X
Levy
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB09-038
SB09-054
SB09-059		Referred to the Committee of the Whole
Referred to the Committee of the Whole
Referred to the Committee of the Whole


01:38 PM -- Senate Bill 09-038

Representative Marostica, sponsor, presented Senate Bill 09-038 concerning technical changes to judicial fees. The bill removes the repeal of the docket fees for county court civil actions. It also clarifies that assessments made to the Displaced Homemakers Fund apply to a declaration of invalidity of marriage, legal separation, or declaratory judgment concerning the status of marriage. The bill simply clarifies contradictory statutory language enacted in SB 08-206. Current statute provides for an increase in county court civil filing fees on July 1, 2010, while also repealing the same fee increase language on July 1, 2010. This bill removes the repeal language. Additionally, one section of statute includes a declaration of invalidity of marriage, legal separation, or declaratory judgment concerning the status of marriage in the assessments made to the Displaced Homemakers Fund. This bill ensures that all statutory references to the fund are identical.

















BILL:SB09-038
TIME: 01:40:39 PM
MOVED:Roberts
MOTION:Refer Senate Bill 09-038 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 10-0, with 1 absent.
SECONDED:Court
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Absent
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 10 NO: 0 EXC: 0 ABS: 1 FINAL ACTION: PASS


01:41 PM -- Senate Bill 09-054

Representative A. Kerr, sponsor, presented Senate Bill 09-054 concerning an increase in the civil penalties recoverable by the state under statutes related to fair trade. Under current law, the maximum civil penalty that may be imposed for violations of the Colorado Consumer Protection Act is $100,000 per related series of violations. The bill removes the cap so that civil penalties can be assessed at $2,000 per violation without being limited to the $100,000 maximum penalty. The bill also increases the maximum civil penalty that may be imposed for violations of the Colorado Antitrust Act of 1992 from $100,000 to $250,000. Representative Kerr responded to questions from the committee about the reasons for increasing the penalty for violations addressed in the bill. The committee discussed the penalty caps contained in the bill.

01:51 PM -- Jan Zavislan, Colorado Attorney General's Office, spoke in support of the bill. Mr. Zavislan responded to committee questions about the impetus for raising the penalties for violations of the Colorado Consumer Protection Act and the Colorado Antitrust Act. He discussed new technology that allows people to disseminate deceptive advertising and consumer scams to many more people than ever before. He responded to questions concerning Section 1 of the bill and whether it changes the private right of action. The committee discussed the section of the bill referring to online ticket sales and deceptive trade practices. Mr. Zavislan discussed the punitive nature of civil penalties. The committee held a lengthy discussion about civil penalties and about enforcement of foreign perpetrators of deceptive trade practices.











BILL:SB09-054
TIME: 02:16:56 PM
MOVED:Waller
MOTION:Refer Senate Bill 09-054 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:McCann
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:17 PM -- Senate Bill 09-059

Representative B. Gardner, sponsor, presented Senate Bill 09-059 concerning the enactment of the Colorado Revised Statutes 2008 as the positive and statutory law of the state of Colorado. He explained that it is necessary to pass the bill and enact the statutes each year or the laws could be subject to court challenge.

02:20 PM -- Jennifer Gilroy, Office of Legislative Legal Services appeared to answer questions.























BILL:SB09-059
TIME: 02:23:12 PM
MOVED:Gardner B.
MOTION:Refer Senate Bill 09-059 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:Roberts
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:25 PM

Representative Levy adjourned the committee.