The Latest Trial Lawyer Fishing Expedition
Sometimes it’s hard to figure what the plaintiffs’ bar is really thinking. Newly-introduced Senate Bill 153, sponsored by Sen. John Morse (D-Colorado Springs) brings us to one of those times.
SB 153 would drastically increase the cost of litigation — and of settlements — for both defendants and plaintiffs by forcing courts into a time-consuming nuisance procedure before approving what are known as “protective orders.”
According to the Judicial Conference of the United States, “Protective orders to safeguard against dissemination of highly personal and sensitive information are critical to both plaintiffs and defendants.”
Rather than allow plaintiffs and defendants to agree to and courts to approve protective orders, this bill would prohibit courts from issuing a protective order unless it specifically finds that each and every covered document has no usefulness in warning of a “public hazard.” It also allows third parties — gee, who might they be? — to intervene to oppose protective orders.
Incidentally, a “public hazard” could be something as innocuous as a toothpick! Read more
Legislative Update – Feb. 27
Tracking the Legislature
INTRODUCED
HB 1305 – Statutory Interest Rate Linked to Commercial Rate (CCJL Supports)
SB 153 – Limitations on Protective Orders (CCJL Opposes)
THIS WEEK
2/27 HOU Ag Natl Res – SB 48 (CCJL Supports) Cottage Foods Liability
2/27 SEN Judiciary – SB 70 (CCJL Opposes) Limitations on Rental Contracts
2/29 SEN Judiciary – SB 153 (CCJL Opposes) Limitations on Protective Orders
LAST WEEK IN COMMITTEE
PASSED (12-0) – HB 1116 (CCJL Monitor) Time Share Resale Deceptive Trade Practices
KILLED (5-7) – HB 1134 (CCJL Opposes) Limitation on Employer Speech Rights
PASSED (5-0) – SB 116 (CCJL Monitor) Cathonines as “Bath Salts”
PASSED (11-0) – HB 1244 (CCJL Monitor) Governmental Immunity Claims Service
NO ACTION TAKEN – SB 70 (CCJL Opposes) Limitations on Rental Contracts
PASSED (8-1) – HB 1036 (CCJL Supports) Open Records Act Clarification
THIRD READING VOTES
PASSED (20-15) – SB 3 (CCJL Opposes) Use of Credit Information by Employers
ACTIVE BILLS
HOUSE BILL 1036 – Open Records Act Clarification
Sponsors: Rep. Jim KERR (R-Littleton)
Summary: As amended, clarifies which civil government investigatory files fall within the investigations exception to the Colorado Open Records Act.
Status: Amended and passed (8-1, 2 excused) by House Judiciary on Feb. 23; calendared for House debate.
CCJL Position: SUPPORT
HOUSE BILL 1116 – Time Share Resale Deceptive Trade Practices
Sponsors: Rep. Carole MURRAY (R-Castle Rock), Sen. Jeanne NICHOLSON (D-Black Hawk)
Summary: Amends the Colorado Consumer Protection Act to require entities that provide time share resale services to disclose specific information related to the sale. Defines as a “deceptive trade practice” certain false or misleading statements made in advertisements.
Status: Amended and passed (12-0) by House Economic and Business Development on Feb. 21; calendared for House debate.
CCJL Position: MONITOR
HOUSE BILL 1128 – Bikers and Veterans Unconventional Attire
Sponsors: Rep. Joe MIKLOSI (D-Denver)
Summary: Is this bill a serious attempt at public policy or an election-year gotcha maneuver? Prohibits businesses from discriminating or denying access to people because of “unconventional attire” (defined as dress that indicated membership in a “motorcycling organization” or status as a veteran).
Status: Assigned to House State, Veterans and Military Affairs.
CCJL Position: OPPOSE
HOUSE BILL 1244 – Governmental Immunity Claims Service
Sponsors: Rep. Ray SCOTT (R-Grand Junction), Sen. Joyce FOSTER (D-Denver)
Summary: Directs the Secretary of State to create a registry of contacts for local governments to identify the proper person to be served with claims under the Colorado Governmental Immunity Act.
Status: Amended and passed (11-0) by House Local Government on Feb. 22; calendared for House debate.
CCJL Position: MONITOR
HOUSE BILL 1305 – Statutory Interest Rates
Sponsors: Rep. Bob GARDNER (R-Colorado Springs)
Summary: Changes statutory rate for pre-judgment interest from 8% to 2% above the commercial rate charged by the Federal Reserve Bank of Kansas City.
Status: Assigned to House Judiciary.
CCJL Position: SUPPORT
SENATE BILL 3 – Permissible Use of Credit Information by Employers
Sponsors: Sen. Morgan CARROLL (D-Aurora), Rep. Randy FISCHER (D-Fort Collins)
Summary: Another attack on Colorado’s at-will employment policy, bill prohibits employers from using employee credit information for employment purposes, except (as amended in Senate Judiciary) for jobs in financial services and defense industries, and allows a person “injured” by a violation to file a lawsuit against the employer. Employers are placed in the position of proving their innocence – that they didn’t use credit scoring information – when justifying personnel decisions to a jury.
Status: Amended and passed (4-3) by Senate Judiciary Feb. 13; amended and passed (20-15) by Senate; assigned to House Local Government.
CCJL Position: OPPOSE
SENATE BILL 35 – Space Flight Liability Limitation
Sponsors: Sen. Mary HODGE (D-Brighton)
Summary: Protects a “spaceflight entity” from liability for injury or death to a spaceflight participant and requires that sign a warning which advises of the inherent risks of spaceflight activity.
Status: Amended and passed 6-0 (1 absent) by Senate Judiciary on Feb. 6; passed Senate (35-0) on Feb. 14; assigned to House Judiciary.
CCJL Position: SUPPORT
SENATE BILL 48 – Cottage Food Licensing and Liability
Sponsors: Sen. Gail SCHWARTZ (D-Snowmass Village), Rep. Don CORAM (R-Montrose)
Summary: Exempts small producers of food products from retail licensing requirements. Limits liability of food banks, schools and non-profits that distribute or use foods produced by small producers.
Status: Amended and passed 6-1 by Senate Agriculture & Natural Resources; passed Senate 34-1 on Feb. 8; assigned to House Agriculture & Natural Resources.
CCJL Position: SUPPORT
SENATE BILL 70 – Limits on Landlord/Tenant Rental Contracts
Sponsors: Sen. AGUILAR (D-Denver), Rep. Roger WILSON (D-Glenwood Springs)
Summary: Creates right for tenants to sue landlords for failure to act in “good faith.” Limits right to contract by prohibiting certain provisions, such as leases for more than 12 months or allowing tenant to make certain minor repairs. Prohibits landlord from terminating rental contract if landlord accepted partial payment and tenant fails to pay balance. Prohibits security lien against tenant’s household goods. Requires 60-day notice to terminate monthly lease. Awards to tenant actual damages plus three months’ rent if landlord’s contract includes prohibited provisions.
Status: Heard in Senate Judiciary on Feb 22, no vote taken or scheduled.
CCJL Position: OPPOSE
SENATE BILL 116 – Bath Salts as Controlled Substances, Deceptive Trade Practices
Sponsors: Sen. Joyce FOSTER (D-Denver), Rep. J. Paul BROWN (R-Durango)
Summary: Establishes criminal penalties for sale of distributing, manufacturing, dispensing or selling cathinones (aka “bath salts”). Defines sale of product containing cathonines as “bath salts” as a deceptive trade practice.
Status: Amended and passed (5-0) by Senate Local Government on Feb. 21; referred to Senate Appropriations.
CCJL Position: MONITOR
SENATE BILL 153 – Limitations on Protective Orders
Sponsors: Sen. John MORSE (D-Colorado Springs)
Summary: Limits discretion of courts to authorize non-disclosure agreements (“protective orders”) related to information about any device, instrument or product which has caused injury to a person or property and which “may foreseeably” cause injury to one or more people in the future. Would apply to private materials obtained in discovery or included in settlements.
Status: Assigned to Senate Judiciary.
CCJL Position: OPPOSE
PASSED/FAILED
HOUSE BILL 1057 – Replacement Costs for Homeowners Insurance
Sponsors: Rep. Claire LEVY (D-Boulder), Sen. Jeanne NICHOLSON (D-Black Hawk)
Summary: Sponsor assures CCJL that bill her intent is not to require that homeowners policies be based on replacement costs only and will present clarifying amendments in committee. Bill requires Commissioner of Insurance to establish rules related to estimates of replacement value; requires policies to provide at least 24 months of living expenses. Makes insurance agent subject to disciplinary action for failing to “accurately describe” that the agent represents the insurance company and does not represent or advocate for the insured customer.
Status: Killed on 6-5 vote in House Local Government on Feb. 8.
CCJL Position: OPPOSE
HOUSE BILL 1093 – Defective Appliance Replacement
Sponsors: Rep. John SOPER (D-Thornton)
Summary: Amends the Colorado Consumer Protection Act to require a homeowners insurer to replace a defective appliance if that appliance caused more than $5,000 damage to a dwelling and had been used for less than five years – but only if the insurer filed a lawsuit or reached a settlement, presumably against the appliance manufacturer, to recover the cost of damages.
Status: Killed on 7-4 vote in House Economic and Business Development on Jan. 26.
CCJL Position: OPPOSE
HOUSE BILL 1134 – Limitation on Employer Speech Rights
Sponsors: Rep. Don PABON (D-Denver)
Summary: Prohibits an employer from advertising a job vacancy that either includes a requirement that applicants be employed or states that unemployed applicants will not be considered.
Status: Killed (7-5) in House Economic and Business Development on Feb. 21.
CCJL Position: OPPOSE
SENATE BILL 54 – Disciplinary Actions in Health Care Employment
Sponsors: Sen. Betty BOYD (D-Lakewood)
Summary: Prohibits disciplinary action against an employee of a licensed health care facility who performs or refuses to perform an act so long as the employee is following a patient’s directive or believes the act or omission is in the best interest of the patient.
Status: Killed (7-0, 2 absent) in Senate Health and Human Services on Feb. 16.
CCJL Position: OPPOSE
SENATE BILL 69 – Time Limits for Civil Actions
Sponsors: Sen. Lois TOCHTROP (D-Thornton), Rep. Bob Gardner (R-Colorado Springs)
Summary: Requires all actions to recover a debt for care given or delivered, services rendered, money lent, money paid, money had and received, goods sold and delivered, or open or book account or account stated to be commenced within six years after the cause of action accrues.
Status: Killed at sponsor’s request (6-0, 1 absent) in Senate Judiciary on Feb. 13.
CCJL Position: MONITOR
Where are the victims of credit ‘discrimination’
Senate Bill 3 passed the Senate Judiciary Committee last week. No big surprise there, since the committee is chaired by the bill’s sponsor (Sen. Morgan Carroll, D-Aurora) — though it passed only narrowly, on a 4-3 vote.
This is the bill that would prohibit employers, in most cases, from even looking at a job applicant’s credit history as part of the applicant screening process. Even under current law, employers never see an applicant’s credit score or identifying account numbers.
Noteworthy by their absence were any witnesses claiming that an unflattering credit history had cost them a job.
Given some of the dubious coverage related to the bill, clearly implying that applicants with bad credit histories cannot get jobs, it was ironic that no real people showed up to make that claim to legislators.
Instead, the testimony was dominated by far-left ideologues, trial lawyers and labor unions who want to make employers prove their innocence in court — at considerable cost to employers and potential profit to labor lawyers.
Kudos to Senators Ellen Roberts (R-Durango), Steve King (R-Grand Junction), and Kevin Lundberg (R-Berthoud) for recognizing that SB 3 is a political solution in search of a real-world problem.
Another trial lawyer attack on job creators
From Colorado Lawsuit Abuse Watch, Feb. 13
Once again, trial lawyers and their allies are devising new ways to sue Colorado’s job creators. Colorado Civil Justice League is standing up for Colorado employers and opposing this new game of “Litigation Lottery.”
Senate Bill 3, sponsored by Sen. Morgan Carroll (D-Aurora) and Rep. Randy Fischer (D-Fort Collins), would give disgruntled job applicants and their attorneys the opportunity to sue employers who reviewed the applicant’s credit information as part of the hiring process. The same goes for employees who are denied a promotion.
What that means is that Colorado job creators could be forced to prove their innocence — at a cost of thousands of dollars — any time a disappointed job applicant or disgruntled employee is denied a job or promotion. Read more
Legislative Updates
Tracking the Legislature
INTRODUCED
THIS WEEK
2/21 HOU Econ & Bus – HB 1116 (CCJL Monitor) Time Share Resale Deceptive Trade Practices
2/21 HOU Econ & Bus – HB 1134 (CCJL Opposes) Limitation on Employer Speech Rights
2/21 SEN Local Govt – SB 116 (CCJL Monitor) Cathonines as “Bath Salts”
2/22 HOU Local Govt – HB 1244 (CCJL Monitor) Governmental Immunity Claims Service
2/22 SEN Judiciary – SB 70 (CCJL Opposes) Limitations on Rental Contracts
2/23 HOU Judiciary – HB 1036 (CCJL Supports) Open Records Act Clarification
LAST WEEK IN COMMITTEE
PASSED (4-3) – SB 3 (CCJL Opposes) Permissible Use of Credit Information by Employers
KILLED (6-0) – SB 69 (CCJL Monitor) Time Limits for Civil Actions
KILLED (7-0) – SB 54 (CCJL Opposes) Disciplinary Actions in Health Care Employment
THIRD READING VOTES
PASSED (35-0) – SB 35 (CCJL Supports) Space Flight Liability Limits
ACTIVE BILLS
HOUSE BILL 1036 – Open Records Act Clarification
Sponsors: Rep. Jim KERR (R-Littleton)
Summary: Amends the Colorado Open Records Act to clarify that civil government investigatory files fall within the investigations exception, contrary to a ruling by the Colorado Court of Appeals in Land Owners United LLC vs. Waters which found that such files are not protected from disclosure. Without exemption, personal information of consumer victims and propriety information of businesses could be subject to an open records request.
Status: Heard in House Judiciary on Jan. 31, no vote taken pending amendments; re-scheduled for action only on Feb. 23.
CCJL Position: SUPPORT
HOUSE BILL 1116 – Time Share Resale Deceptive Trade Practices
Sponsors: Rep. Carole MURRAY (R-Castle Rock), Sen. Jeanne NICHOLSON (D-Black Hawk)
Summary: Amends the Colorado Consumer Protection Act to require entities that provide time share resale services to disclose specific information related to the sale. Defines as a “deceptive trade practice” certain false or misleading statements made in advertisements.
Status: Scheduled in House Economic and Business Development on Feb. 21, morning.
CCJL Position: MONITOR
HOUSE BILL 1128 – Bikers and Veterans Unconventional Attire
Sponsors: Rep. Joe MIKLOSI (D-Denver)
Summary: Is this bill a serious attempt at public policy or an election-year gotcha maneuver? Prohibits businesses from discriminating or denying access to people because of “unconventional attire” (defined as dress that indicated membership in a “motorcycling organization” or status as a veteran).
Status: Assigned to House State, Veterans and Military Affairs.
CCJL Position: OPPOSE
HOUSE BILL 1134 – Limitation on Employer Speech Rights
Sponsors: Rep. Don PABON (D-Denver)
Summary: Prohibits an employer from advertising a job vacancy that either includes a requirement that applicants be employed or states that unemployed applicants will not be considered.
Status: Scheduled in House Economic and Business Development on Tue., Feb. 21 at 1:30 p.m.
CCJL Position: OPPOSE
HOUSE BILL 1244 – Governmental Immunity Claims Service
Sponsors: Rep. Ray SCOTT (R-Grand Junction), Sen. Joyce FOSTER (D-Denver)
Summary: Directs the Secretary of State to create a registry of contacts for local governments to identify the proper person to be served with claims under the Colorado Governmental Immunity Act.
Status: Scheduled for hearing in House Local Government on Wed., Feb. 22, morning.
CCJL Position: MONITOR
SENATE BILL 3 – Permissible Use of Credit Information by Employers
Sponsors: Sen. Morgan CARROLL (D-Aurora), Rep. Randy FISCHER (D-Fort Collins)
Summary: Another attack on Colorado’s at-will employment policy, bill prohibits employers from using employee credit information for employment purposes, except (as amended in Senate Judiciary) for jobs in financial services and defense industries, and allows a person “injured” by a violation to file a lawsuit against the employer. Employers are placed in the position of proving their innocence – that they didn’t use credit scoring information – when justifying personnel decisions to a jury.
Status: Amended and passed (4-3) by Senate Judiciary Feb. 13; calendared for Senate debate.
CCJL Position: OPPOSE
SENATE BILL 35 – Space Flight Liability Limitation
Sponsors: Sen. Mary HODGE (D-Brighton)
Summary: Protects a “spaceflight entity” from liability for injury or death to a spaceflight participant and requires that sign a warning which advises of the inherent risks of spaceflight activity.
Status: Amended and passed 6-0 (1 absent) by Senate Judiciary on Feb. 6; passed Senate (35-0) on Feb. 14; awaiting assignment to House committee.
CCJL Position: SUPPORT
SENATE BILL 48 – Cottage Food Licensing and Liability
Sponsors: Sen. Gail SCHWARTZ (D-Snowmass Village), Rep. Don CORAM (R-Montrose)
Summary: Exempts small producers of food products from retail licensing requirements. Limits liability of food banks, schools and non-profits that distribute or use foods produced by small producers.
Status: Amended and passed 6-1 by Senate Agriculture & Natural Resources; passed Senate 34-1 on Feb. 8; assigned to House Agriculture & Natural Resources.
CCJL Position: SUPPORT
SENATE BILL 70 – Limits on Landlord/Tenant Rental Contracts
Sponsors: Sen. AGUILAR (D-Denver), Rep. Roger Wilson (D-Glenwood Springs)
Summary: Creates right for tenants to sue landlords for failure to act in “good faith.” Limits right to contract by prohibiting certain provisions, such as leases for more than 12 months or allowing tenant to make certain minor repairs. Prohibits landlord from terminating rental contract if landlord accepted partial payment and tenant fails to pay balance. Prohibits security lien against tenant’s household goods. Requires 60-day notice to terminate monthly lease. Awards to tenant actual damages plus three months’ rent if landlord’s contract includes prohibited provisions.
Status: Scheduled for hearing in Senate Judiciary on Wed., Feb 22, at 1:30 p.m.
CCJL Position: OPPOSE
SENATE BILL 116 – Bath Salts as Controlled Substances, Deceptive Trade Practices
Sponsors: Sen. Joyce FOSTER (D-Denver), Rep. J. Paul BROWN (R-Durango)
Summary: Establishes criminal penalties for sale of distributing, manufacturing, dispensing or selling cathinones (aka “bath salts”). Defines sale of product containing cathonines as “bath salts” as a deceptive trade practice.
Status: Scheduled for hearing in Senate Local Government on Tue., Feb. 21, at 2 p.m.
CCJL Position: MONITOR
PASSED/FAILED
HOUSE BILL 1057 – Replacement Costs for Homeowners Insurance
Sponsors: Rep. Claire LEVY (D-Boulder), Sen. Jeanne NICHOLSON (D-Black Hawk)
Summary: Sponsor assures CCJL that bill her intent is not to require that homeowners policies be based on replacement costs only and will present clarifying amendments in committee. Bill requires Commissioner of Insurance to establish rules related to estimates of replacement value; requires policies to provide at least 24 months of living expenses. Makes insurance agent subject to disciplinary action for failing to “accurately describe” that the agent represents the insurance company and does not represent or advocate for the insured customer.
Status: Killed on 6-5 vote in House Local Government on Feb. 8.
CCJL Position: OPPOSE
HOUSE BILL 1093 – Defective Appliance Replacement
Sponsors: Rep. John SOPER (D-Thornton)
Summary: Amends the Colorado Consumer Protection Act to require a homeowners insurer to replace a defective appliance if that appliance caused more than $5,000 damage to a dwelling and had been used for less than five years – but only if the insurer filed a lawsuit or reached a settlement, presumably against the appliance manufacturer, to recover the cost of damages.
Status: Killed on 7-4 vote in House Economic and Business Development on Jan. 26.
CCJL Position: OPPOSE
SENATE BILL 54 – Disciplinary Actions in Health Care Employment
Sponsors: Sen. Betty BOYD (D-Lakewood)
Summary: Prohibits disciplinary action against an employee of a licensed health care facility who performs or refuses to perform an act so long as the employee is following a patient’s directive or believes the act or omission is in the best interest of the patient.
Status: Killed (7-0, 2 absent) in Senate Health and Human Services on Feb. 16.
CCJL Position: OPPOSE
SENATE BILL 69 – Time Limits for Civil Actions
Sponsors: Sen. Lois TOCHTROP (D-Thornton), Rep. Bob Gardner (R-Colorado Springs)
Summary: Requires all actions to recover a debt for care given or delivered, services rendered, money lent, money paid, money had and received, goods sold and delivered, or open or book account or account stated to be commenced within six years after the cause of action accrues.
Status: Killed at sponsor’s request (6-0, 1 absent) in Senate Judiciary on Feb. 13.
CCJL Position: MONITOR
Legislative Update – Feb. 6, 2012
INTRODUCED
None
UP IN COMMITTEE THIS WEEK
Mon 2/6 – SB 35 (Support) Space Flight Liability
Wed 2/8 – HB 1057 (Oppose) Replacement Costs for Homeowners Insurance
Thu 2/9 – HB 1116 (Monitor) Time Share Resale Deceptive Trade Practices
HEARD IN COMMITTEE LAST WEEK
No Vote Taken – HB 1036 (Support) Investigation Files & Open Records
ACTIVE BILLS
HOUSE BILL 1036 – Exempt Investigations from Open Records Act
Sponsors: Rep. Jim KERR (R-Littleton)
Summary: Amends the Colorado Open Records Act to clarify that civil government investigatory files fall within the investigations exception, contrary to a ruling by the Colorado Court of Appeals in Land Owners United LLC vs. Waters which found that such files are not protected from disclosure. Without exemption, personal information of consumer victims and propriety information of businesses could be subject to an open records request.
Status: Heard in House Judiciary on Jan. 31, no vote taken pending amendments.
CCJL Position: SUPPORT
HOUSE BILL 1057 – Replacement Costs for Homeowners Insurance
Sponsors: Rep. Claire LEVY (D-Boulder), Sen. Jeanne NICHOLSON (D-Black Hawk)
Summary: Sponsor assures CCJL that bill her intent is not to require that homeowners policies be based on replacement costs only and will present clarifying amendments in committee. Bill requires Commissioner of Insurance to establish rules related to estimates of replacement value; requires policies to provide at least 24 months of living expenses. Makes insurance agent subject to disciplinary action for failing to “accurately describe” that the agent represents the insurance company and does not represent or advocate for the insured customer.
Status: Scheduled for hearing in House Local Government on Wed., Feb. 8, upon adjournment; also assigned to House State, Veterans and Military Affairs committees.
CCJL Position: OPPOSE
HOUSE BILL 1116 – Time Share Resale Deceptive Trade Practices
Sponsors: Rep. Carole MURRAY (R-Castle Rock), Sen. Jeanne NICHOLSON (D-Black Hawk)
Summary: Amends the Colorado Consumer Protection Act to require entities that provide time share resale services to disclose specific information related to the sale. Defines as a “deceptive trade practice” certain false or misleading statements made in advertisements.
Status: Scheduled for hearing in House Economic and Business Development on Thu., Feb. 9, 1:30 p.m.
CCJL Position: MONITOR
HOUSE BILL 1128 – Bikers and Veterans Unconventional Attire
Sponsors: Rep. Joe MIKLOSI (D-Denver)
Summary: Is this bill a serious attempt at public policy or an election-year gotcha maneuver? Prohibits businesses from discriminating or denying access to people because of “unconventional attire” (defined as dress that indicated membership in a “motorcycling organization” or status as a veteran).
Status: Assigned to House State, Veterans and Military Affairs.
CCJL Position: OPPOSE
HOUSE BILL 1134 – Limitation on Employer Speech Rights
Sponsors: Rep. Don PABON (D-Denver)
Summary: Prohibits an employer from advertising a job vacancy that either includes a requirement that applicants be employed or states that unemployed applicants will not be considered.
Status: Assigned to House Economic and Business Development.
CCJL Position: OPPOSE
SENATE BILL 3 – Permissible Use of Credit Information by Employers
Sponsors: Sen. Morgan CARROLL (D-Aurora), Rep. Randy FISCHER (D-Fort Collins)
Summary: Another attack on Colorado’s at-will employment policy, the bill prohibits employers from using employee credit information for employment purposes unless employee’s job involves access to money or asset-management decisions and allows a person “injured” by a violation to file a lawsuit against the employer. Employers are placed in the position of proving their innocence – that they didn’t use credit scoring information – when justifying personnel decisions to a jury.
Status: Scheduled for hearing in Senate Judiciary on Mon., Feb. 13, at 1:30 p.m.
CCJL Position: OPPOSE
SENATE BILL 35 – Space Flight Liability Limitation
Sponsors: Sen. Mary HODGE (D-Brighton)
Summary: Protects a “spaceflight entity” from liability for injury or death to a spaceflight participant and requires that sign a warning which advises of the inherent risks of spaceflight activity.
Status: Scheduled for hearing in Senate Judiciary on Mon., Feb. 6, at 1:30 p.m.
CCJL Position: SUPPORT
SENATE BILL 48 – Cottage Food Licensing and Liability
Sponsors: Sen. Gail SCHWARTZ (D-Snowmass Village), Rep. Don CORAM (R-Montrose)
Summary: Exempts small producers of food products from retail licensing requirements. Limits liability of food banks, schools and non-profits that distribute or use foods produced by small producers.
Status: Amended and passed 6-1 by Senate Agriculture & Natural Resources; calendared for Senate debate.
CCJL Position: SUPPORT
SENATE BILL 54 – Anyone Can Call the Shots at this Hospital
Sponsors: Sen. Betty BOYD (D-Lakewood)
Summary: Prohibits disciplinary action against an employee of a licensed health care facility who performs or refuses to perform an act so long as the employee is following a patient’s directive or believes the act or omission is in the best interest of the patient.
Status: Scheduled for hearing in Senate Health and Human Services on Thu., Feb. 16, at 1:30 p.m.
CCJL Position: OPPOSE
SENATE BILL 69 – Time Limits for Civil Actions
Sponsors: Sen. Lois TOCHTROP (D-Thornton), Rep. Bob Gardner (R-Colorado Springs)
Summary: Requires all actions to recover a debt for care given or delivered, services rendered, money lent, money paid, money had and received, goods sold and delivered, or open or book account or account stated to be commenced within six years after the cause of action accrues.
Status: Scheduled for hearing in Senate Judiciary on Mon., Feb. 6, at 1:30 p.m.
CCJL Position: MONITOR
PASSED/FAILED
HOUSE BILL 1093 – Defective Appliance Replacement
Sponsors: Rep. John SOPER (D-Thornton)
Summary: Amends the Colorado Consumer Protection Act to require a homeowners insurer to replace a defective appliance if that appliance caused more than $5,000 damage to a dwelling and had been used for less than five years – but only if the insurer filed a lawsuit or reached a settlement, presumably against the appliance manufacturer, to recover the cost of damages.
Status: Killed on 7-4 vote in House Economic and Business Development on Jan. 26.
CCJL Position: OPPOSE
More absurdity in ‘phantom damages’
Over the past two years, Colorado courts have struggled with whether injured victims are entitled to recover the amount billed for their medical expenses or the lesser amount actually paid for those expenses. Colorado Supreme Court is now receiving briefs on an even more absurd application of the “collateral source rule” in Levy v. American Family. Read more
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