CCJL

Trial lawyers threaten hospital safety bill

markhillman — Mon, 30 Apr 2012 12:00:53 +0000

Three weeks ago, CO-LAW alerted readers to possible shenanigans by trial lawyers who were apparently playing games with an otherwise uncontroversial bill that allowed hospitals to improve patient safety by allowing doctors to review and candidly comment on the work of other doctors.

More than a month ago, House Bill 1300 passed the Colorado House of Representatives 65 to 0. Since then the bill has been held up in Senate Health and Human Services committee. In fact, it hasn’t even been granted a hearing!

Why? Because trial lawyers believe they can use this bill to overturn a Colorado Court of Appeals decision that said they can’t frivolously sue hospitals for medical malpractice. (Because doctors practice medicine and hospitals do not, Colorado law says that only doctors can be sued for medical malpractice and that hospitals cannot.)

HB 1300 re-authorizes the Colorado Professional Review Act which protects the confidentiality of doctor panels which review the conduct of other doctors. Without confidentiality and immunity from lawsuit, doctors would be less likely to candidly evaluate the conduct of other doctors — and patient safety could be compromised.

So, what’s in it for trial lawyers? By reversing the court’s unanimous ruling, trial lawyers could sue both doctors and hospitals in every malpractice case.

It’s all about two words: DEEP POCKETS!

Colorado Civil Justice League urges senators to reject trial lawyer greed and pass HB 1300 before the legislature adjourns in less than two weeks.

Legislative Update – April 30

markhillman — Sun, 29 Apr 2012 20:59:12 +0000

INTRODUCED
HB 1352 – Lower North Fork Wildfire Commission

THIS WEEK
4/30 HOU Judiciary – HB 1352 (CCJL Monitor) Lower North Fork Wildfire Commission

LAST WEEK IN COMMITTEE
Passed (7-0) SEN Judiciary – HB 1036 (CCJL Supports) Open Records Clarification

THIRD READING VOTES

ACTIVE BILLS

HOUSE BILL 1036 – Open Records Act Clarification
Sponsors: Rep. Jim KERR (R-Littleton), Sen. Betty BOYD (D-Lakewood)
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; passed House (64-1) on March 5; hearing in Senate Judiciary on March 21, no vote taken; amended and passed (7-0) by Senate Judiciary on April 24; calendared for Senate debate beginning April 27.
CCJL Position: SUPPORT

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; passed (64-0, 1 excused) by House on Feb. 28; passed (5-0) by Senate Local Government on March 20; passed (33-0, 2 excused) Senate on March 27; on House calendar for consideration of Senate amendments.
CCJL Position: SUPPORT

HOUSE BILL 1300 – Re-Authorize Professional Review Act
Sponsors: Rep. Bob GARDNER (R-Colorado Springs), Sen. Irene AGUILAR (D-Denver)
Summary: Re-authorizes the Colorado Professional Review Act to provide for peer review of physician conduct and practices through 2019. Adds physician assistants and advanced practice nurses to CPRA. As amended in House, codifies Colorado Court of Appeals decision regarding confidentiality of CPRA deliberations and immunity from liability.
Status: Passed (11-0) House Judiciary Committee on March 1; passed (65-0) House on March 19; assigned the Senate Health and Human Services on March 20.
CCJL Position: SUPPORT

HOUSE BILL 1352 – Lower North Fork Wildfire Commission
Sponsors: Rep. Bob GARDNER (R-Colorado Springs), Sen. Bill CADMAN (R-Colorado Springs)
Summary: Creates Lower North Fork Wildfire Commission to hear claims against the state by people who suffered personal or property damage or loss of life during Lower North Fork wildfire..
Status: Scheduled for hearing in Senate Judiciary on Monday, April 30, at 1:30 p.m.
CCJL Position: MONITOR

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; passed (10-0) House Judiciary on March 8; passed (65-0) House on March 19; SIGNED by Governor on April 19.
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; amended and passed 12-0 by House Agriculture & Natural Resources; passed House (53-12) on March 5; SIGNED by Governor on March 15.
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; passed (4-1, 2 excused) Senate Judiciary on March 7; calendared for Senate debate.
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; passed (9-0) Senate Appropriations on March 2; passed (35-0) Senate on March 9; assigned to House Judiciary; recalled for reconsideration by Senate on March 16; passed (34-0) by Senate on March 16; assigned to House Judiciary.
CCJL Position: MONITOR

Legislative Update – April 16

markhillman — Sun, 15 Apr 2012 15:31:04 +0000

Tracking the Legislature

LAST WEEK IN COMMITTEE
Killed (7-0) SEN Judiciary – SB 153 (CCJL Oppose) Limitations on Protective Orders

ACTIVE BILLS

HOUSE BILL 1036 – Open Records Act Clarification
Sponsors: Rep. Jim KERR (R-Littleton), Sen. Betty BOYD (D-Lakewood)
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; passed House (64-1) on March 5; hearing in Senate Judiciary on March 21, no vote taken; not re-scheduled as of April 8.
CCJL Position: SUPPORT

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; passed (10-0) House Judiciary on March 8; passed (65-0) House on March 19; awaiting consideration by Governor.
CCJL Position: SUPPORT

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: Killed (7-0) in Senate Judiciary on April 9 at sponsor’s request.
CCJL Position: OPPOSE

Under fire, sponsor nixes anti-business SB 153

markhillman — Sun, 15 Apr 2012 15:25:33 +0000

Senate Bill 153, labeled “the most blatantly anti-business bill” of the 2012 legislative session, died in the Senate Judiciary Committee last week when its sponsor, Senate Majority Leader John Morse (D-Colorado Springs) asked that it be killed.

More than 60 businesses, trade associations and legal groups joined forces with Colorado Civil Justice League by on record opposing the bill after its introduction, complaining that the legislation would invite frivolous lawsuits and unwisely expose trade secrets and proprietary information.

Worse still, the bill would have put business defendants at a tremendous disadvantage by requiring a judge to determine whether a product presented a “public hazard” long before trial, allowing plaintiffs attorneys to later prejudice juries by telling them that the product had already been declared a “public hazard.”

Even more absurdly, the bill’s definition of public hazard was so all-encompassing as to allow attorneys to plausibly argue that items as innocuous as a toothpick or Q-Tip or as ordinary as a automobile.

Morse explained his decision to have the bill “postponed indefinitely” – Capitol jargon meaning “killed” – not by addressing the merits of the bill but by conceding that it would have been too costly to the state Judicial Department.

Colorado Civil Justice League is grateful for the support of consumers and our allies in the business community who stood against SB 153.

Legislative Update – April 9

markhillman — Mon, 09 Apr 2012 14:48:22 +0000

THIS WEEK
4/9 SEN Judiciary – SB 153 (CCJL Oppose) Limitations on Protective Orders

ACTIVE BILLS

HOUSE BILL 1036 – Open Records Act Clarification
Sponsors: Rep. Jim KERR (R-Littleton), Sen. Betty BOYD (D-Lakewood)
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; passed House (64-1) on March 5; hearing in Senate Judiciary on March 21, no vote taken; not re-scheduled as of April 8.
CCJL Position: SUPPORT

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; passed (10-0) House Judiciary on March 8; passed (65-0) House on March 19; awaiting consideration by Governor.
CCJL Position: SUPPORT

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: Scheduled in Senate Judiciary Monday, April 9, 1:30 p.m.
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 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; passed (42-21) House on March 12; killed (4-) in Senate Judiciary on March 21.
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: Killed (6-3) in House State, Veterans and Military Affairs on March 7.
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

HOUSE BILL 1305 – Statutory Interest Rates
Sponsors: Rep. Bob GARDNER (R-Colorado Springs), Sen. Steve KING (R-Grand Junction)
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: Passed (6-4) House Judiciary March 8; passed initial House vote on March 23; killed (32-30) in House on March 28.
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; killed in House Local Government on March 19.
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

Trial lawyers irritated by ho-hum health care bill

markhillman — Mon, 09 Apr 2012 14:46:47 +0000

Until recently, no one paid much attention to House Bill 1300 (by Rep. Bob Gardner, R-Colorado Springs, and Sen. Irene Aguilar, D-Denver), a rather routine bill which continues the way that doctors evaluate quality of patient care and professional conduct by other doctors.

Medical professional review enhances patient safety by helping doctors avoid medical errors and improve practices.

Like 48 other states, Colorado’s medical review process is confidential to ensure that evaluators can candidly discuss potential problems with doctors who are being reviewed.

That caught the eye of Colorado trial lawyers, who want to be able to dig through medical review records when they file a lawsuit against a doctor.

After lying in the weeds while HB 1300 passed the House on a unanimous vote, trial lawyers now have stalled the bill in the Senate Health and Human Services Committee.

As it stands, the bill simply implements the recommendations of the Department of Regulatory Agencies and continues the medical review process for another 10 years.

Colorado Civil Justice League will keep members apprised if the trial lawyers’ inquiry leads toward undue mischief.

Inflated, outdated interest rates up for House vote

markhillman — Mon, 26 Mar 2012 11:34:34 +0000

Colorado House of Representatives could vote as early as today on House Bill 1305 which would replace the state’s inflated and outdated lawsuit interest rate with one that more closely reflects real-world market conditions.

When the bill passed Friday’s preliminary vote, the debate unfortunately seemed to break along party lines with Republicans voting for and Democrats voting against linking interest rates to market conditions.

However, there’s no good reason that this common sense change shouldn’t receive bipartisan support.

Colorado law currently requires that interest on damages in a lawsuit be calculated at 9% per year. That’s as much as 10 times greater than standard interest rates available today to consumers.

Not even the I.R.S. charges 9% interest!

That means contingent-fee lawyers have every incentive to prolong lawsuits because neither they nor their clients can reap 9% interest elsewhere.

Is it any wonder that contingent-fee lawyers oppose this bill? The current rate can inflate a judgment – and the attorney’s fee – by 35% in just four years.

That’s why Colorado Civil Justice League supports House Bill 1305 (by Rep. Bob Gardner, R-Colorado Springs) which would adjust the prejudgment interest rate to 2% above the discount rate set by the Kansas City Federal Reserve Bank.

Legislative Update – March 26

markhillman — Sun, 25 Mar 2012 12:41:51 +0000

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; passed (64-0, 1 excused) by House on Feb. 28; passed (5-0) by Senate Local Government on March 20; calendared for Senate debate.
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; amended and passed 12-0 by House Agriculture & Natural Resources; passed House (53-12) on March 5; awaiting consideration by Governor.
CCJL Position: SUPPORT

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; passed (9-0) Senate Appropriations on March 2; passed (35-0) Senate on March 9; assigned to House Judiciary; recalled for reconsideration by Senate on March 16; passed (34-0) by Senate on March 16; scheduled for hearing in House Judiciary on Tue., March 27, 1:30 p.m.
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: Originally scheduled in Senate Judiciary on Feb. 29, but removed from calendar; not yet rescheduled.
CCJL Position: OPPOSE

HB 1305: It’s basic economics

markhillman — Mon, 19 Mar 2012 16:00:51 +0000

For years, plaintiffs lawyers have argued that Colorado’s legal limits on non-economic damages should be adjusted for inflation. In 2007, they got their wish.

Never mind how something that’s unquantifiable – like “emotional stress” and “pain and suffering” – is subject to inflation. The bottom line is that personal injury lawyers sought to increase their customers’ claims. Is it coincidence that doing so allowed contingent-fee lawyers to take home a bigger payday?

Decide for yourself.

Well, since we’re linking state policy to economic reality, then it must make sense to do that where there’s a more obvious reason for doing so: interest rates.

When someone has been harmed by the wrongdoing of another, they’re rightfully entitled to compensation for damages, plus interest to reflect the lost value of that money since the injury occurred.

However, an outdated state law requires an inflated interest rate of 9%. Over the past four years, interest rates have averaged roughly 1.5% and inflation has averaged slightly more than 2%. As documented here, that can mean an interest windfall of $3,500 in just four years on a $10,000 judgment – 35% more than real-world interest rates.

That means contingent-fee lawyers have every incentive to prolong lawsuits because neither they nor their clients can reap 9% interest elsewhere.

That’s why Colorado Civil Justice League supports House Bill 1305 (by Rep. Bob Gardner, R-Colorado Springs) which would adjust the prejudgment interest rate in state law to 2% above the discount rate set by the Kansas City Federal Reserve Bank.

Legislative Update – March 19

markhillman — Sun, 18 Mar 2012 18:59:45 +0000

INTRODUCED

THIS WEEK
3/19 HOU Local Govt – SB 3 (CCJL Opposes) Use of Credit Info by Employers
3/20 SEN Local Govt – HB 1244 (CCJL Monitor) Local Govt Immunity Claims Service
3/21 SEN Judiciary – HB 1036 (CCJL Supports) Open Records Clarification
3/21 SEN Judiciary – HB 1116 (CCJL Monitor) Time Share Resale Deceptive Trade Practices

LAST WEEK IN COMMITTEE

THIRD READING VOTES
PASSED (42-21) – HB 1116 (CCJL Monitor) Time Share Resale Deceptive Trade Practices

ACTIVE BILLS

HOUSE BILL 1036 – Open Records Act Clarification
Sponsors: Rep. Jim KERR (R-Littleton), Sen. Betty BOYD (D-Lakewood)
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; passed House (64-1) on March 5; scheduled for hearing in Senate Judiciary on Wed., March 21.
CCJL Position: SUPPORT

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; passed (64-0, 1 excused) by House on Feb. 28; scheduled for hearing in Senate Local Government on Tue., March 20, 2 p.m.
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: Passed (6-4) House Judiciary March 8; calendared for House debate.
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; scheduled for hearing in House Local Government on Monday, March 19, 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: Amended and passed 6-0 (1 absent) by Senate Judiciary on Feb. 6; passed Senate (35-0) on Feb. 14; passed (10-0) House Judiciary on March 8; passed preliminary House vote on March 16; scheduled for final House vote on March 19.
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; amended and passed 12-0 by House Agriculture & Natural Resources; passed House (53-12) on March 5; awaiting consideration by Governor.
CCJL Position: SUPPORT

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: Originally scheduled in Senate Judiciary on Feb. 29, but removed from calendar; not yet rescheduled.
CCJL Position: OPPOSE

PASSED/FAILED