h_jud_2016a_2016-01-21t13:33:30z3 Hearing Summary
Date: 01/21/2016
Final
BILL SUMMARY for Sunset Hearing for Identity Theft and Financial Fraud Deterrence Act
HOUSE COMMITTEE ON JUDICIARY
| Votes: View--> | Action Taken: |
| Adopt amendment to remove the title trailer to dra Adopt amendment to remove the title trailer to dra Adopt the sunset review report for the Identity Th Continue the Colorado Fraud Investigators Unit. Th Continue the Identity Theft and Financial Fraud Bo Include a safety clause in draft bill LLS No. 16-0 Include a safety clause in draft bill LLS. No. 16- Introduce draft Bill LLS. No. 16-0430.01 (Attachme Introduce draft bill LLS. No. 16-0472.01 (Attachme |
PASS PASS PASS PASS TIE TIE PASS PASS |
02:12 PM -- Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act
Mr. Tom Morris, Office of Legislative Legal Services, provided an overview of the statutory requirements associated with the sunset review process. Committee members received a copy of the statutes applicable to the process (Attachment B). Discussion ensued regarding the reasons why two bills are required for renewing the programs under the Identity Theft and Financial Fraud Deterrence Act.
16HouseJud0121AttachB.pdf
02:21 PM -- Mr. Bryan Jameson, Research Analyst for the Department of Regulatory Agencies (DORA), provided an overview of the sunset review process from the DORA perspective. Mr. Jameson weighed in on the need for two bills to reauthorize the Identity Theft and Financial Fraud Deterrence Act. Mr. Jameson provided background on how the sunset review process came into being, and the purpose of the process. He also explained the process by which DORA conducts its sunset reviews. Mr. Jameson responded to questions regarding the yearly sunset review schedule. Mr. Jameson responded to further questions regarding the number of agencies and functions subject to the sunset review process, and the number of such programs that have been sunsetted in the past.
02:35 PM
Discussion ensued regarding the placement of a repealer on a program by the General Assembly, and the overall scope of the sunset review process. Discussion followed regarding the fiscal ramifications of sunsetting or continuing programs or functions.
02:44 PM
Mr. Jameson provided an overview of the sunset report for the Identity Theft and Financial Fraud Deterrence Act. The report may be accessed at: https://drive.google.com/file/d/0B8bNvcf083ydZVZJUkJmTUlLUk0/view?pref=2&pli=1
Mr. Jameson responded to questions regarding the type designations for different state agencies and functions, and the powers and duties associated with these designations.
02:55 PM
Mr. Jameson discussed the recommendations made in the sunset review report for the Identity Theft and Financial Fraud Deterrence Act. Discussion ensued regarding the source of funding for the functions under the act.
03:09 PM
Discussion ensued regarding financial fraud statistics for Colorado. Discussion returned to the funding source for the programming under the act, and the potential for creating a more robust program for combatting identity theft and financial fraud.
03:16 PM -- Agent Ralph Gagliardi, representing the Colorado Bureau of Investigation (CBI), testified in support of the DORA sunset recommendations. Agent Gagliardi discussed the work of CBI's Identity Theft Unit, and the types of crimes investigated by the unit. Agent Gagliardi responded to questions regarding how complaints are filed with his unit, and the ability of law enforcement to recover assets from identity thieves.
03:29 PM
Agent Gagliardi responded to questions regarding how the state might better address identity theft, and the evolution of theft in Colorado. Mr. Jameson provided input on a recommendation in the DORA report about funding identity theft programming.
03:39 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of DORA's recommendations.
03:42 PM
Committee members received copies of two draft bills to continue programming under the Identity Theft and Financial Fraud Deterrence Act (Attachments C and D). Discussion ensued regarding how best to move forward with the bills to continue programming under the Identity Theft and Financial Fraud Deterrence Act. Mr. Morris returned to provide input on how to move forward with the bills. Discussion ensued regarding potential amendments to the bills before the committee.
16HouseJud0121AttachC.pdf 16HouseJud0121AttachD.pdf
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 03:51:54 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt the sunset review report for the Identity Theft and Financial Fraud Deterrence Act. The motion was ruled out of order. | |
| SECONDED: | Court | |
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VOTE
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Carver
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Court
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Dore
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Foote
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Lawrence
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Lundeen
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Melton
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Salazar
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Willett
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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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03:55 PM
Discussion continued regarding how best to move forward with the draft bills for the Identity Theft and Financial Fraud Deterrence Act.
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 04:00:00 PM | |
| MOVED: | Kagan | |
| MOTION: | Continue the Identity Theft and Financial Fraud Board. The motion passed on a vote of 10-0. | |
| SECONDED: | Salazar | |
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VOTE
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Carver
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Yes
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Court
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Yes
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Dore
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Yes
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|
|
Foote
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Excused
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|
|
Lawrence
|
Yes
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|
|
Lundeen
|
Yes
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|
|
Melton
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Yes
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|
|
Salazar
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Yes
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|
|
Willett
|
Yes
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|
|
Lee
|
Yes
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|
|
Kagan
|
Yes
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YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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04:01 PM
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act. | |
| TIME: | 04:01:43 PM | |
| MOVED: | Kagan | |
| MOTION: | Continue the Colorado Fraud Investigators Unit. The motion passed on a vote of 10-0. | |
| SECONDED: | Lee | |
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VOTE
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||
|
Carver
|
Yes
|
|
|
Court
|
Yes
|
|
|
Dore
|
Yes
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Lee
|
Yes
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|
|
Kagan
|
Yes
|
|
|
YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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04:02 PM
Discussion ensued regarding the merits of introducing both of the draft bills associated with the Identity Theft and Financial Fraud Deterrence Act, and the titles of the draft bills. Discussion followed regarding the potential for striking the title trailers in both draft bills.
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 04:10:49 PM | |
| MOVED: | Dore | |
| MOTION: | Adopt amendment to remove the title trailer to draft bill LLS No. 16-0430.01. The motion passed on a vote of 7-3. | |
| SECONDED: | Lundeen | |
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VOTE
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|
Carver
|
Yes
|
|
|
Court
|
No
|
|
|
Dore
|
Yes
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
No
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|
|
Salazar
|
No
|
|
|
Willett
|
Yes
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|
|
Lee
|
Yes
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|
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Kagan
|
Yes
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YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS
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04:13 PM
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 04:13:07 PM | |
| MOVED: | Kagan | |
| MOTION: | Introduce draft Bill LLS. No. 16-0430.01 (Attachment C), as amended. The motion passed on a vote of 10-0. | |
| SECONDED: | Lee | |
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VOTE
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||
|
Carver
|
Yes
|
|
|
Court
|
Yes
|
|
|
Dore
|
Yes
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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04:15 PM
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 04:16:00 PM | |
| MOVED: | Dore | |
| MOTION: | Adopt amendment to remove the title trailer to draft bill LLS No. 16-0472.01. The motion passed on a vote of 7-3. | |
| SECONDED: | Lundeen | |
|
VOTE
|
||
|
Carver
|
Yes
|
|
|
Court
|
No
|
|
|
Dore
|
Yes
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
No
|
|
|
Salazar
|
No
|
|
|
Willett
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS
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04:17 PM
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 04:17:14 PM | |
| MOVED: | Kagan | |
| MOTION: | Introduce draft bill LLS. No. 16-0472.01 (Attachment D), as amended. The motion passed on a vote of 10-0. | |
| SECONDED: | Lee | |
|
VOTE
|
||
|
Carver
|
Yes
|
|
|
Court
|
Yes
|
|
|
Dore
|
Yes
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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04:18 PM
Representative Lee was appointed sponsor of the two bills to be introduced addressing the continuation of programming under the Identity Theft and Financial Fraud Deterrence Act. Discussion ensued regarding the need for a safety clause on the bills.
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 04:24:52 PM | |
| MOVED: | Salazar | |
| MOTION: | Include a safety clause in draft bill LLS. No. 16-0472.01. The motion failed on a 5-5 vote. | |
| SECONDED: | Melton | |
|
VOTE
|
||
|
Carver
|
No
|
|
|
Court
|
Yes
|
|
|
Dore
|
No
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
No
|
|
|
Lundeen
|
No
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
No
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
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YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE
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| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 04:27:14 PM | |
| MOVED: | Court | |
| MOTION: | Include a safety clause in draft bill LLS No. 16-0430.01. The motion failed on a 5-5 vote. | |
| SECONDED: | Salazar | |
|
VOTE
|
||
|
Carver
|
No
|
|
|
Court
|
Yes
|
|
|
Dore
|
No
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
No
|
|
|
Lundeen
|
No
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
No
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE
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