Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:04/27/2009
ATTENDANCE
Time:02:37 PM to 08:56 PM
Apuan
X
Court
*
Place:HCR 0107
Gardner B.
*
King
X
This Meeting was called to order by
Miklosi
X
Representative Levy
Pace
X
Roberts
*
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:
SB09-110
SB09-093
SB09-006
SB09-021
SB09-135
HB09-1352
Amended, Referred to Appropriations
Amended, Referred to the Committee of the Whole
Amended, Referred to Appropriations
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole


02:38 PM -- Senate Bill 09-110

Representative Levy, sponsor, presented Senate Bill 09-110 concerning the continuation of the regulation of civil rights issues. This bill extends the Colorado Civil Rights Commission and Division (CCRD) until July 1, 2018, and makes certain changes to the commission, the CCRD and anti-discrimination law. The commission and the Attorney General are given expanded authority to initiate complaints. The subpoena powers of the CCRD director are extended beyond employment cases to include discrimination in housing and public accommodations. Anti-discrimination laws are expanded to include adverse employment actions that impact an employee's terms, conditions, or privileges of employment. Regardless of the commission's findings, a charging party whose claim cannot be brought under federal civil rights statutes, is entitled to a formal hearing before the commission or an administrative law judge.

As amended by the Senate, the bill still creates a new cause of action for discrimination based on actions that impact an employee's terms, conditions or privileges of employment. It also gives a charging party the ability to request a hearing before the commission or administrative law judge.

Representative Levy distributed prepared amendment L.013 (Attachment A). The amendment addresses affirmative relief that may be ordered by a court or the Civil Rights Commission. She also distributed a Legislative Council Staff memorandum regarding the fiscal impact of amendment L.013 (Attachment B).

09HouseJud0427AttachA.pdf 09HouseJud0427AttachB.pdf



02:44 PM --
Steven Chavez and Bruce Harrelson, Department of Regulatory Agencies (DORA), joined the committee to walk through the sunset report. The following recommendations were made by DORA and discussed in the sunset review report:

Mr. Chavez discussed amendment L.013. He provided some background information about Colorado and federal employment law. Representative Levy clarified that the amendment does not create any new protected rights, but rather creates new remedies that would make it financially feasible to litigate a discrimination claim. Mr. Harrelson responded to committee questions about the recommendations contained in the 1998 sunset report. He discussed the makeup of the sunset review committee and the process of making such a review. The recommendations are made using certain statutory criteria. Mr. Chavez responded to committee questions about civil rights claims by state employees.

03:09 PM --
Barry Roseman, Plaintiff Employment Lawyers Association, spoke in support of the bill and the amendment. Mr. Roseman attempted to clarify information about civil rights law in Colorado and at the federal level. The amendment provides remedies in cases where individuals do not have a remedy available under current law. Mr. Roseman commented on the fiscal impact of the amendment. The committee discussed at length the process of making complaints to the CCRD and the availability of damages as a remedy. Mr. Roseman responded to questions from the committee about the decisions he makes about whether or not to take civil rights cases. He stated that the bill, with the amendment, helps to bring Colorado law into line with federal law. The committee discussed the required burden of proof and the appeals process for civil rights claims.

03:33 PM --
Dawn McLoughlin, representing herself, spoke in support of the bill. Ms. McLoughlin related details of her experience with sexual harassment in the workplace. She talked about the economic difficulties that resulted from her employment position. Individuals who work for small employers have few remedies when faced with civil rights violations.






03:38 PM --
Scott Moss, representing himself, spoke in support of the bill. Mr. Moss is a law professor at the University of Colorado. He provided information about employment discrimination law and the recovery of costs in civil rights cases. If an individual does not lose their job as a result of employment discrimination, and does not find another job reasonably quickly, compensatory damages do not exist under current law.


03:42 PM

The committee recessed to return to the House for floor work.


06:04 PM

Representative McCann brought the committee back to order.

06:05 PM --
Linda Meric, 9 to 5: National Association of Working Women, spoke in support of the bill and the amendment. Ms. Meric discussed her organization's effort to combat workplace discrimination and education efforts in the community. She talked about her experience as a member of the Colorado Pay Equity Commission, which recommended the provisions of amendment L.013. She provided anecdotal information about civil rights claims that have not been litigated due to a lack of remedies or compensation in the law for attorneys.

06:10 PM --
Mr. Moss continued his testimony. He provided examples from other states of laws that provide very limited damages and fees in employment law. These laws are generally regarded as inadequate because attorneys are unwilling to file such lawsuits. He discussed the limitations on punitive damages on civil rights cases at the federal level. Large settlements are uncommon in federal cases, according to various studies. Job losses do not appear to be the result of large damage awards. He stressed the need for attorneys fees and costs in order to incentivize attorneys to take these types of cases. If attorneys are not willing to litigate cases, violators can act without concern for legal consequences.

06:20 PM --
Randy Chapman, Legal Center for Disabilities and Older People, spoke in support of the bill. Mr. Chapman reiterated the testimony of prior witnesses regarding the difficulty in obtaining legal representation for civil rights claims.

06:23 PM --
Chris Ottele, Colorado Civil Justice League, spoke in support of the bill, but in opposition to the amendment. Mr. Ottele outlined his concerns with the amendment. First, the passage of the bill is likely to result in job losses because any employer facing litigation is subject to very high legal fees, which is prohibitive to small employers in particular. He stated that less than five percent of cases filed with the CCRD are found to have merit. Second, all employees with employers of over 15 individuals have remedies available to them. Mr. Ottele stated his belief that the amendment does not simply bring employees with small employers in line with those at large employers. He discussed the advantages of filing employment discrimination cases in state court rather than federal court. The federal court system is much more inclined to evaluate a case prior to going to trial. Also, it allows administrative agencies the power to award punitive damages. Mr. Ottele responded to questions from the committee about the process of litigating civil rights cases.

06:36 PM --
Jane Christman, Colorado Attorney General's Office, appeared to explain the Department of Law's fiscal note to the bill. The fiscal note is based on the number of cases that currently may not be filed against the state that would be allowed under the amendment. The Department of Law would be required to defend the state in such cases. The committee discussed the amendment with Ms. Christman.







06:53 PM --
William Martinez, Plaintiffs Employment Lawyers Association, spoke in support of the bill. Mr. Martinez discussed the waiver of sovereign immunity for the state. The bill does not provide any new waiver of immunity. He discussed some examples of clients with employment discrimination claims that lacked remedies. He stressed that the issue of the lack of remedies is not a hypothetical problem. He stated that small employers are not necessarily those with slight revenue incomes. Many are extremely successful and affluent. The committee discussed sovereign immunity for the state with Mr. Martinez.
BILL:SB09-110
TIME: 07:13:40 PM
MOVED:Levy
MOTION:Adopt prepared amendment L.013 (Attachment A). The committee discussed the amendment and Representative Levy responded to questions. The motion passed on a vote of 7-4.
SECONDED:Miklosi
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
No
Miklosi
Yes
Pace
Yes
Roberts
No
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


07:17 PM

Representative Levy wrapped up her presentation of the bill and asked for the committee's favorable recommendation. Committee members commented extensively about their positions on the bill.


















BILL:SB09-110
TIME: 07:31:43 PM
MOVED:Levy
MOTION:Refer Senate Bill 09-110, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 8-3.
SECONDED:Miklosi
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
No
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


07:32 PM -- Senate Bill 09-093

Representative Marostica, bill sponsor, presented Senate Bill 09-093 concerning identity theft. This bill, as amended by the Senate Judiciary and Appropriations Committees, modifies the existing statutes concerning identity theft in the following ways:

Representative Marostica requested that witness testimony begin. The following persons testified:

















07:36 PM --
Ted Tow, representing the Colorado District Attorneys Council, testified in support of the bill and spoke to proposed amendments. Prepared amendments L.006, L.008, and L.009 were distributed (Attachments C-E). Mr. Tow discussed identity theft in the context of the bill and amendment L.009. He spoke to the clarifying language in amendments L.006 and L.009. He explained the statutory meaning of "lawful authority" and its importance in the bill. He discussed amendment L.008 and compromise language involving whether there is a single victim or multiple victims. Mr. Tow further explained the differences in the crimes addressed in the bill. Mr. Tow spoke to recent cases that have been prosecuted under current law. Mr. Tow responded to questions from members of the committee. There was discussion about the timing of the bill's implementation, which includes a two-year delay in the implementation of some portions of the bill.

09HouseJud0427AttachC.pdf 09HouseJud0427AttachD.pdf

09HouseJud0427AttachE.pdf

07:52 PM -- Shayne Madsen, representing the Consumer Data Industry Association, testified in opposition to the bill. Ms. Madsen spoke to the current regulation of consumer data companies and how the bill could impact the industry. She indicated that she had participated in discussions about amendment L.009.

07:55 PM --
Larry Hudson, representing LexisNexis, joined Ms. Madsen at the table and urged support for amendment L.009.
BILL:SB09-093
TIME: 07:56:32 PM
MOVED:Court
MOTION:Adopt prepared amendment L.006 (Attachment C). The motion passed without objection.
SECONDED:Gardner B.
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection






BILL:SB09-093
TIME: 07:56:52 PM
MOVED:Court
MOTION:Adopt prepared amendment L.008 (Attachment D). The motion passed without objection
SECONDED:Gardner B.
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB09-093
TIME: 07:57:18 PM
MOVED:Court
MOTION:Adopt prepared amendment L.009 (Attachment E). The motion passed without objection.
SECONDED:Miklosi
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection







07:57 PM

Representative Marostica made closing comments on the bill.
BILL:SB09-093
TIME: 07:58:00 PM
MOVED:McCann
MOTION:Refer Senate Bill 09-093, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:Court
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


07:59 PM -- Senate Bill 09-006

Representative Solano, prime sponsor, reviewed the provisions of Senate Bill 09-006, concerning the creation of an identification processing unit for detention facilities. The reengrossed bill, recommended by the Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness who are Involved in the Criminal Justice System, creates a new County Jail Mobile Identification Unit within the Division of Motor Vehicles, Department of Revenue. This mobile unit will consist of a vehicle staffed by personnel from the Division of Motor Vehicles. It will travel to jails in Adams, Arapahoe, Boulder, Denver, Douglas, and Jefferson counties on a regular basis to issue new identification cards to each prisoner who does not already have an identification card, but does have all of the proper documentation. Jail personnel may assist prisoners in obtaining documentation.

All prisoners receiving identification cards must be residents of the state and must bear the cost, unless the county or jail decides to bear the cost of providing the IDs. Prisoners receiving IDs must also have a valid address to receive the ID. In Colorado, individuals receive IDs via mail rather than at the processing center on the day they apply for the ID. The Department of Revenue is required to submit a report to the House and Senate Judiciary committees beginning July 1, 2011 of each year regarding the number of identification cards processed or denied, the costs of issuing cards, the level of in-kind contributions made by participating counties, and the successes and challenges of the unit.







Representative Solano spoke about the importance of having identification in order to pursue employment opportunities and obtain housing and indicated that the bill came out of the Legislative Oversight Committee for the Study of the Treatment of the Mentally Ill in the Criminal Justice System. Representative Solano discussed the implementation of the current version of the bill and the updated fiscal note. Representative Solano responded to questions from members of the committee.

08:06 PM --
Doyle Forrestal, Colorado Behavioral Health Council, and Andy Karsian, Colorado Counties, Inc., spoke in support of the bill. Mr. Karsian discussed a study conducted by the Metro Area County Commissioners Mentally Ill Inmates Task Force that resulted in the bill. Ms. Forrestal discussed the work of the task force and how agreement was reached among the affected counties to devote necessary resources to this effort. She spoke about the difficulties inherent in obtaining documentation for government-issued identification. Mr. Karsian and Ms. Forrestal responded to questions from the committee about the possibility of including other counties.
BILL:SB09-006
TIME: 08:17:31 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.004 (Attachment F). The amendment adds El Paso and Pueblo counties to the bill. Members of the committee commented about the amendment. The motion passed on a vote of 7-4.

09HouseJud0427AttachF.pdf
SECONDED:Roberts
VOTE
Apuan
Yes
Court
No
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
No
Waller
Yes
McCann
No
Levy
No
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS












BILL:SB09-006
TIME: 08:25:04 PM
MOVED:McCann
MOTION:Refer Senate Bill 09-006, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:Gardner B.
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


08:26 PM -- Senate Bill 09-021

Representative Levy, bill sponsor, presented Senate Bill 09-021 concerning incentives for volunteer firefighters. This bill, as amended by the Senate Judiciary Committee, creates a program to provide volunteer firefighters with college tuition vouchers. To be considered for a voucher, a volunteer firefighter must be a full- or part-time student, complete at least 36 hours of training each year, and agree to serve as a volunteer firefighter for at least 4 years after completing their education. The Division of Fire Safety, Department of Public Safety (DPS), will work with the State Board for Community Colleges and Occupational Education and the board of trustees for each local community college to establish the tuition voucher program for up to three credits per academic year.

08:29 PM --
Kevin Klein, Colorado Department of Public Safety, Division of Fire Safety, spoke in favor of the bill with prepared amendment L.009 (Attachment D). Mr. Klein explained that the amendment permissively allows the division to use any existing appropriation to fund the tuition voucher program if sufficient gifts, grants, and donations are not available. It does not obligate any one source of funding. Mr. Klein responded to questions from the committee regarding the type of classes that are eligible for tuition reimbursement.














BILL:SB09-021
TIME: 08:34:19 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.009 (Attachment G). The motion passed without objection.

09HouseJud0427AttachG.pdf
SECONDED:King
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB09-021
TIME: 08:34:58 PM
MOVED:Levy
MOTION:Refer Senate Bill 09-021, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:King
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



08:35 PM -- Senate Bill 09-135

Representative Miklosi, bill sponsor, presented Senate Bill 09-135 concerning information collection regarding parole decisions. The reengrossed bill requires the State Board of Parole and the Division of Criminal Justice (DCJ) within the Department of Public Safety to develop and implement processes to analyze data related to parole board decisions. Specifically, the parole board is to track data concerning the board's rationale for granting and denying parole. The DCJ shall analyze these data and provide the parole board with a report on a quarterly basis. The division also is to provide the board with training so that the board may use the data more effectively to make decisions.

Current law mandates that the division collect data on parole decisions and make a quarterly report to the board. In November 2008, the State Auditor conducted an audit of the discretional parole decisions made by the board in response to a legislative request. The audit had several recommendations to improve the data collected and used concerning board decisions. Most notably, the audit found that the parole board does not collect adequate data and that the division is not evaluating parole data to help improve parole decisions. This bill amends the current statute to incorporate the findings from the audit.
BILL:SB09-135
TIME: 08:37:42 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.005 (Attachment H). The motion passed without objection.

09HouseJud0427AttachH.pdf
SECONDED:Roberts
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


8:39 PM -- Ann Terry, Department of Public Safety, spoke in support of the bill with amendment L.005. Ms. Terry testified that the fiscal note comes from the effective date of the bill and the amendment changes the date. Allowing the Division of Criminal Justice extra time to get the report together will allow the department to implement the bill within existing resources.






08:46 PM

Representative Miklosi wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:SB09-135
TIME: 08:47:08 PM
MOVED:Miklosi
MOTION:Refer Senate Bill 09-135, as amended, to the Committee of the Whole with 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


08:48 PM -- House Bill 09-1352

Representative Levy, prime sponsor, presented House Bill 09-1352 concerning adding commission of certain proscribed acts by government officials to the list of deceptive trade practices. Under current law, public officials are prohibited from having a financial interest in contracts made by them in their official capacity. For six months after they leave office, they may not enter into contracts, or be employed by someone with government contracts, that are related to their former official capacity. Earlier this year, SB 09-035 was enacted to create a new class 1 misdemeanor offense for public officials who violate this restriction. SB 09-035 also allowed the court to impose a fine of up to twice the amount by which a person benefitted from violating the law.

This bill repeals the ability of courts to impose additional fines and instead makes violations a deceptive trade practice subject to a civil penalty of up to twice the amount by which a person benefitted from violating the law.












BILL:HB09-1352
TIME: 08:54:42 PM
MOVED:Levy
MOTION:Adopt prepared amendment L.001 (Attachment I). The amendment passed without objection.

09HouseJud0427AttachI.pdf
SECONDED:Gardner B.
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



























BILL:HB09-1352
TIME: 08:54:57 PM
MOVED:Levy
MOTION:Refer House Bill 09-1352, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:Miklosi
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


08:55 PM

Representative Levy adjourned the committee.