Senate Committee on Judiciary (01/21/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	01/21/2009	ATTENDANCE

Time:	01:33 PM to 05:04 PM	Hudak	X
		King K.	X
Place:	SCR 352	Lundberg	X
		Newell	X
This Meeting was called to order by		Renfroe	X
	Senator Morse	Carroll M.	X
		Morse	X
This Report was prepared by
	Sara McPhee
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-059 SB09-013 SB09-007 SB09-038 SB09-047		Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole

01:33 PM -- Senate Bill 09-059

Senator Schwartz, bill sponsor, explained that the bill enacts the softbound volumes of the Colorado Revised Statutes 2008. The bill also authorizes the ability to make technical changes and harmonize the law with other statutes.


BILL:	SB09-059
TIME:	01:35:03 PM
MOVED:	Morse
MOTION:	Refer Senate Bill 09-059 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a 7-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:36 PM -- Senate Bill 09-013

Senators Gibbs and Schwartz, bill sponsors, discussed the provisions of the bill. Senator Gibbs explained that the bill comes from the Interim Committee on Wildfire Issues in Wild Land-Urban Interface Areas. He indicated that two thirds of fire departments are staffed by volunteers. This bill exempts fire departments or other entities that donate surplus firefighting equipment from civil and criminal liability resulting from the use of that equipment. The bill also exempts volunteer firefighters from civil liability from an action taking while fighting a fire. Finally, Senator Gibbs explained that the bill exempts from liability state, county, or municipal agencies while engaged in disaster planning activities.

01:42 PM

Senator Carroll asked about other statutes for good samaritans and whether volunteer firefighters would be covered under existing statutes. Senator Gibbs indicated that he believed that they were not covered. The committee then discussed whether this bill includes paid firefighters or only volunteers and whether this exempts these individuals from any negligence when performing their job. The committee discussed the immunity provisions and how and to whom they may apply.

01:49 PM -- Paul Cooke, representing the Colorado State Fire Chiefs Association, spoke in support of the bill. He indicated that some departments are reluctant to donate equipment to needy volunteer fire departments, and as a result, equipment may be more likely to go to another country rather than to a fire department in the state. He also noted that the bill attempts to address incident management teams that handle emergencies at the state level. Mr. Cooke indicated that there is some concern about liability for those incident management teams. Finally, the bill seeks to provide some immunity protection for volunteer firefighters who would not be covered under governmental immunity protections. Senator Carroll asked about the specific provisions of the bill. Senator King expressed his reservations concerning the bill.

02:01 PM -- Jeff Berino, representing Lake Dillon Fire Department and the Northwest Incident Management Team, spoke in support of the bill. He discussed donations of fire equipment. He explained that the legal counsel in his department has advised his department not to donate used fire equipment. He noted that some of their equipment has been donated to Cambodia. The issue, according to Mr. Berino, is that the donated equipment does not meet current safety standards, but for volunteer departments without equipment, this equipment is better than no equipment. He also discussed the provisions of the bill concerning incident management teams. Senator Hudak asked about the provisions in the bill concerning local emergency planning commissions and the need for liability for these groups. Senator Carroll discussed alternatives to addressing the issues in the bill, including attempting to change the standards process. Mr. Berino discussed the difficulties associated with the standards process.

02:12 PM

Senator King asked about the equipment that could not be donated to another fire department in the United States, but could be sent to Cambodia. Mr. Berino explained that the equipment that was donated was the clothing worn during fire fighting, ground ladders, and breathing apparatus. He noted that the danger is not to the public, but to the firefighters.

02:18 PM -- Don Angell, representing the Fairmount Fire Protection District, spoke in support of the bill. He explained that his fire department is a small combination fire department, staffed with mostly volunteers. He discussed the current issues with donating equipment. Mr. Angell also discussed the jurisdictional issues for the incident management teams.

02:29 PM -- Jeff Jahnke, representing the Colorado State Fire Service, spoke in support of the bill. He explained that there is a great need for volunteer firefighters and they want to do everything they can to encourage people to volunteer. He expressed a similar sentiment concerning the donated equipment.

02:33 PM

Chairman Morse laid the bill over for action only at a future committee meeting.

02:37 PM -- Senate Bill 09-007

Senator Veiga, bill sponsor, discussed the provisions of SB 09-007. She explained that the bill concerns long-term involuntary commitments for individuals who abuse drugs or alcohol. Since its inception, the law has always mandated that only physicians have the authority to conduct these involuntary commitments. In legislation from 2008, a bill was passed that added advance practice nurses as being able to conduct involuntary commitments. This bill will remove the advance practice nurses from the statute. Senator Veiga explained that she decided to sponsor this bill because of the civil liberties issue and she believes that a physician, and only a physician, should conduct these commitments.

02:43 PM -- Sue Orahood, representing herself, spoke in opposition to the bill. She explained that she is an advanced practice nurse and discussed her professional experiences with individuals who abuse drugs and alcohol. She discussed the difficulties for her in processing involuntary alcohol commitments because she could not do them herself.

02:47 PM -- Mary Ciambelli, representing the Colorado Nurses Association, spoke in opposition to the bill. She explained that she is an advanced practice nurse and described her qualifications. She explained her job duties concerning mentally ill patients and indicated that she believes that advanced practice nurses are qualified to recommend involuntary commitments for individuals who abuse drugs or alcohol.

02:54 PM

The committee asked Ms. Ciambelli about the specifics of the bill and the role of advanced practice nurses. Senator Morse discussed the high standard of having a physician only be able to determine the involuntary commitments. Ms. Ciambelli discussed her education and skills as an advanced practice nurse and indicated that she believes that she is more qualified than many physicians would be to determine these involuntary commitments. Ms. Ciambelli discussed the importance of this role for rural areas where physicians are not as readily available.

03:06 PM -- Tay Kopanos, representing the Colorado Nurses Association, spoke in opposition to the bill. She explained that the association has been identifying gaps in providing health care that could be provided by advanced practice nurses. One of those gaps concerns the involuntary commitment of individuals who abuse drugs or alcohol. She explained the role and education for advanced practice nurses.

03:17 PM

Senator Lundberg discussed the standards for involuntary commitments and his belief that for some types of commitments the standards are too low. Senator Newell asked about physician availability for the involuntary commitment process. Senator Carroll asked about the distribution of advanced practice nurses in rural areas as compared with physicians.

03:25 PM -- Carmelita Muniz, representing the Colorado Association of Alcohol and Drug Service Providers, spoke in opposition to the bill. She also relayed the testimony of Bill Wendt, representing Signal Behavioral Health, who is also in opposition to the bill. Ms. Muniz discussed her opposition to the bill. She explained that individuals need to have full access to health care, particularly in the rural areas and advanced practice nurses can fill this gap where resources are scarce.

03:32 PM -- Doyle Forrestal, representing the Colorado Behavioral Healthcare Council, spoke in opposition to the bill. She provided the committee with materials concerning the bill (Attachment A). She discussed the importance of advanced practice nurses in providing care.

03:36 PM

Senator Veiga discussed the statistics concerning individuals who are placed under involuntary commitment for drugs or alcohol abuse. Ms. Forrestal provided examples of ways advanced practice nurses currently provide care.

03:40 PM -- Bill Hanna and Yolanda Gray, representing the Colorado Department of Human Services, spoke in support of the bill. Mr. Hanna provided an overview of involuntary commitments for individuals with alcohol and drug abuse problems. Mr. Hanna distributed a fact sheet on the issue (Attachment B). Ms. Gray explained that she is the staff person assigned for reviewing involuntary commitments. Ms. Gray provided the committee with the specifics concerning the process for involuntary commitments.

03:52 PM -- Virginia Horton, representing the Arapahoe County Attorney's Office, spoke in support of the bill. She discussed the issue of advanced practice nurses expanding their scope of practice. She explained that she believes that physicians are important for determining these involuntary commitments. Ms. Horton discussed the rushed process for passing this legislation in 2008.

04:06 PM -- John Thirkell, representing himself, spoke in support of the bill. He discussed the provisions of the legislation from 2008 and the current bill. Mr. Thirkell provided the committee with an overview of the legal issues concerning having advance practice nurses perform these commitments.

04:14 PM -- Alfred Gilchrist, representing the Colorado Medical Society, spoke in support of the bill. He noted the importance of the legislation from 2008 and all of the advances for advance practice nurses, but he believes that this provision should be revisited.

04:17 PM -- Michael Allen, representing the Colorado Psychiatric Society, spoke in support of the bill. He indicated that the process as it is works and should remain.

04:26 PM -- Jonathan Ritvo, representing himself, spoke in support of the bill.

04:31 PM

Senator Veiga concluded her discussion of the bill.


BILL:	SB09-007
TIME:	04:33:01 PM
MOVED:	Morse
MOTION:	Refer Senate Bill 09-007 to the Committee of the Whole. The motion passed on a 7-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:33 PM -- Senate Bill 09-038

Senator Hudak, bill sponsor, provided an overview of SB 09-038. She explained that the bill is a technical clean up of SB 08-206 from the previous session. This bill removes the repeal of the docket fees for county court clerk 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.


BILL:	SB09-038
TIME:	04:39:43 PM
MOVED:	King K.
MOTION:	Moved to postpone Senate Bill 09-038 indefinitely. The motion passed on a 5-2 roll call vote.
SECONDED:
		VOTE
	Hudak	No
	King K.	Yes
	Lundberg	Yes
	Newell	No
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Not Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-038
TIME:	04:41:00 PM
MOVED:	Carroll M.
MOTION:	Reconsider the motion to postpone indefinitely Senate Bill 09-038. The motion passed on a 7-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Not Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-038
TIME:	04:41:47 PM
MOVED:	Hudak
MOTION:	Refer Senate Bill 09-038 to the Committee of the Whole. The motion passed on a 7-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

Senator Lundberg indicated that he is supporting this bill, but was not in support of SB 08-206.

04:43 PM -- Senate Bill 09-047

Senator Newell, bill sponsor, provided an overview of SB 09-047. She explained that the bill takes three different boards and creates the Crime Victim Services Advisory Board within the Division of Criminal Justice. She indicated that the consolidation will streamline the process for applying for funding for crime victims.

04:49 PM -- Nancy Feldman, representing the Division of Criminal Justice within the Colorado Department of Public Safety, spoke in support of the bill. She explained that the division receives three different funding streams for assisting victims of crimes and each of those has an advisory board. According to Ms. Feldman, the creation of one board will streamline these processes. It will also make the grant application process easier.

04:56 PM -- Steve Siegel, representing the Colorado Organization for Victim's Assistance, spoke in support of the bill. He discussed the broad input that was solicited for this bill.

05:00 PM

Senator Newell concluded her presentation of the bill.


BILL:	SB09-047
TIME:	05:01:13 PM
MOVED:	Hudak
MOTION:	Moved to postpone indefinitely Senate Bill 09-048. The motion passed on a 5-2 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	No
	Renfroe	Yes
	Carroll M.	Yes
	Morse	No

Not Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-047
TIME:	05:02:07 PM
MOVED:	Carroll M.
MOTION:	Reconsider the motion to postpone indefinitely Senate Bill 09-048. The motion passed on a 7-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Not Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-047
TIME:	05:02:58 PM
MOVED:	Newell
MOTION:	Refer Senate Bill 09-047 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a 7-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:04 PM

The committee adjourned.