Date: 04/29/2010

Final
BILL SUMMARY for HB10-1152

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared amendment L.017 (Attachment A), whi
Adopt prepared amendment L.018 (Attachment B), whi
Adopt prepared amendment L.020 (Attachment C), whi
Adopt prepared amendment L.021 (Attachment D), whi
Adopt prepared amendment L.022 (Attachment L), whi
Adopt prepared amendment L.023 (Attachment E), whi
Adopt prepared amendment L.024 (Attachment F), whi
Adopt prepared amendment L.026 (Attachment H), whi
Adopt prepared amendment L.027 (Attachment I), whi
Adopt prepared amendment L.028 (Attachment J), whi
Adopt prepared amendment L.029 (Attachment K), whi
Adopt prepared amendment L.030 (Attachment O), whi
Adopt prepared amendment L.032 (Attachment P), whi
Adopt prepared amendment L.033 (Attachment G), whi
Adopt prepared amendment L.035 (Attachment Q), whi
Adopt prepared amendment L.036 (Attachment M), whi
Lay over House Bill 10-1152 until May 13, 2010. T
Refer House Bill 10-1152, as amended, to the Commi
SUBSTITUTE MOTION: Adopt prepared amendment L.034		Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS
Pass Without Objection
Pass Without Objection
FAIL
FAIL
Pass Without Objection
FAIL
PASS
FAIL
PASS
FAIL



02:41 PM -- House Bill 10-1152

Representative Frangas, prime sponsor, returned to the committee to discuss House Bill 10-1152 concerning the civil rights of persons with disabilities. The bill was originally referred by the Judiciary Committee to the Committee on Appropriations on Thursday, February 18, 2010. The bill was then referred back to the Judiciary Committee by the House Committee of the Whole. The bill, as amended by the House Judiciary Committee, makes several changes to state law concerning civil rights law and discrimination against persons with disabilities. Specifically, the bill does the following:

• allows the Colorado Civil Rights Commission and the courts to impose a fine on persons and organizations found guilty of violating the civil rights of a person with disabilities of up to $10,000 for a first offense, and up to $25,000 for a repeat offense;
• prohibits state agencies and public entities from discriminating against persons with disabilities who are eligible to receive a government service or to participate in a public program, and specifies the type of relief and damages allowed in the event of such discrimination;
• standardizes and increases misdemeanor penalties for several existing civil rights violations, and creates new misdemeanor offenses for violating specific rights of persons with disabilities;
• identifies damages and allows for payment of attorney costs in various civil rights cases involving persons with disabilities;
• clarifies and updates the rights of persons with and trainers of assistance animals; and
• allows a person who is retaliated against for filing a complaint with the state Medicaid program to receive damages.

02:46 PM -- Kevin Williams, Colorado Cross-disability Coalition (CCDC), spoke in support of the bill. He explained each of the prepared amendments to the bill (Attachments A-L). Mr. Willams responded to extensive questioning from the committee.

100429AttachA.pdf100429AttachB.pdf100429AttachC.pdf100429AttachD.pdf100429AttachE.pdf100429AttachF.pdf100429AttachG.pdf100429AttachH.pdf100429AttachI.pdf100429AttachJ.pdf100429AttachK.pdf100429AttachL.pdf

03:47 PM -- Joan Zivic, Automobile Association of America (AAA) Colorado, spoke in opposition to the bill. Ms. Zivic stated her opinion that the focus of the bill should be on increasing accessibility for people with disabilities rather than increasing penalties and damages for violations. She expressed concern that the bill will create a burden on business owners. Ms. Zivic responded to questions from the committee.

03:56 PM -- Tony Gagliardi, National Federation of Independent Business, spoke in support of the bill. Mr. Gagliardi discussed litigation that has occurred as a result of similar legislation in California. He expressed his opinion that the bill is bad for small businesses. He asked the committee to lower the fine to $1,000 per violation or to simply kill the bill. Mr. Gagliardi responded to questions from the committee.

04:13 PM -- Julie Reiskin, CCDC, spoke in support of the bill. Ms. Reiskin stated her opinion that most disabled individuals simply want to get through the day and do not file lawsuits until they have exhausted all other options. She disagreed that the bill would lead to increased litigation. Ms. Reiskin responded to questions from the committee.

04:19 PM

Representative Levy announced that witness testimony would be closed. She explained that the House Judiciary Committee report dated February 18, 2010 (HB1152_C.001), was redrafted as prepared amendment L.036 (Attachment M), which strikes everything below the enacting clause. All amendments were made to L.036.

100429AttachM.pdf

BILL:HB10-1152
TIME: 05:30:26 PM
MOVED:Court
MOTION:Adopt prepared amendment L.036 (Attachment M), which strikes everything below the enacting clause. Members of the committee discussed their positions on the bill with Representative Frangas. The motion passed on a vote of 7-4.
SECONDED:Levy
VOTE
Court
Yes
Gardner B.
No
Kagan
Yes
King S.
No
Miklosi
Yes
Nikkel
No
Pace
Yes
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB10-1152
TIME: 05:16:10 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.035 (Attachment Q), which amends L.036. The committee discussed the amendment. The motion failed on a vote of 4-7.
SECONDED:Nikkel
VOTE
Court
No
Gardner B.
Yes
Kagan
No
King S.
Yes
Miklosi
No
Nikkel
Yes
Pace
No
Ryden
No
Waller
Yes
McCann
No
Levy
No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

100429AttachQ.pdf

BILL:HB10-1152
TIME: 05:06:00 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.032 (Attachment P), which amends L.036. Mr. Williams explained how the amendment would apply. The motion failed on a vote of 4-7.
SECONDED:Waller
VOTE
Court
No
Gardner B.
Yes
Kagan
No
King S.
Yes
Miklosi
No
Nikkel
Yes
Pace
No
Ryden
No
Waller
Yes
McCann
No
Levy
No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


100429AttachP.pdf
BILL:HB10-1152
TIME: 05:04:56 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.030 (Attachment O), which amends L.036. The committee discussed the amendment extensively. The motion failed on a vote of 4-7.
SECONDED:Nikkel
VOTE
Court
No
Gardner B.
Yes
Kagan
No
King S.
Yes
Miklosi
No
Nikkel
Yes
Pace
No
Ryden
No
Waller
Yes
McCann
No
Levy
No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


100429AttachO.pdf
BILL:HB10-1152
TIME: 04:47:25 PM
MOVED:Court
MOTION:Adopt prepared amendment L.029 (Attachment K), which amends L.036. The motion passed without objection.
SECONDED:Ryden
VOTE
Court
Gardner B.
Kagan
King S.
Miklosi
Nikkel
Pace
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

100429AttachK.pdf

BILL:HB10-1152
TIME: 04:46:51 PM
MOVED:Court
MOTION:Adopt prepared amendment L.028 (Attachment J), which amends L.036. The motion passed without objection.
SECONDED:Ryden
VOTE
Court
Gardner B.
Kagan
King S.
Miklosi
Nikkel
Pace
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

100429AttachJ.pdf

BILL:HB10-1152
TIME: 04:32:18 PM
MOVED:Court
MOTION:Adopt prepared amendment L.027 (Attachment I), which amends L.036. The motion passed on a vote of 7-4.
SECONDED:Ryden
VOTE
Court
Yes
Gardner B.
No
Kagan
Yes
King S.
No
Miklosi
Yes
Nikkel
No
Pace
Yes
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

100429AttachI.pdf

BILL:HB10-1152
TIME: 04:41:46 PM
MOVED:Gardner B.
MOTION:SUBSTITUTE MOTION: Adopt prepared amendment L.034 (Attachment N), which is a substitute amendment for L.027. Both L.034 and L.027 amend L.036. The members discussed the substitute amendment with Mr. Williams. The motion failed on a vote of 4-7.
SECONDED:Waller
VOTE
Court
No
Gardner B.
Yes
Kagan
No
King S.
Yes
Miklosi
No
Nikkel
Yes
Pace
No
Ryden
No
Waller
Yes
McCann
No
Levy
No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


100429AttachN.pdf
BILL:HB10-1152
TIME: 04:31:40 PM
MOVED:Court
MOTION:Adopt prepared amendment L.026 (Attachment H), which amends L.036. The motion passed without objection.
SECONDED:Ryden
VOTE
Court
Gardner B.
Kagan
King S.
Miklosi
Nikkel
Pace
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

100429AttachH.pdf

BILL:HB10-1152
TIME: 04:30:50 PM
MOVED:Court
MOTION:Adopt prepared amendment L.033 (Attachment G), which amends L.036. The motion passed without objection.
SECONDED:Ryden
VOTE
Court
Gardner B.
Kagan
King S.
Miklosi
Nikkel
Pace
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


100429AttachG.pdf
BILL:HB10-1152
TIME: 04:29:59 PM
MOVED:Court
MOTION:Adopt prepared amendment L.024 (Attachment F), which amends L.036. The motion passed without objection.
SECONDED:Ryden
VOTE
Court
Gardner B.
Kagan
King S.
Miklosi
Nikkel
Pace
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

100429AttachF.pdf

BILL:HB10-1152
TIME: 04:29:08 PM
MOVED:Court
MOTION:Adopt prepared amendment L.023 (Attachment E), which amends L.036. The motion passed without objection.
SECONDED:Ryden
VOTE
Court
Gardner B.
Kagan
King S.
Miklosi
Nikkel
Pace
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

100429AttachE.pdf

BILL:HB10-1152
TIME: 04:28:22 PM
MOVED:Court
MOTION:Adopt prepared amendment L.022 (Attachment L), which amends L.036. The motion passed without objection.
SECONDED:Ryden
VOTE
Court
Gardner B.
Kagan
King S.
Miklosi
Nikkel
Pace
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


100429AttachL.pdf
BILL:HB10-1152
TIME: 04:27:17 PM
MOVED:Court
MOTION:Adopt prepared amendment L.021 (Attachment D), which amends L.036. The motion passed without objection.
SECONDED:Ryden
VOTE
Court
Gardner B.
Kagan
King S.
Miklosi
Nikkel
Pace
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


100429AttachD.pdf
BILL:HB10-1152
TIME: 04:25:18 PM
MOVED:Court
MOTION:Adopt prepared amendment L.020 (Attachment C), which amends L.036. The motion passed without objection.
SECONDED:Ryden
VOTE
Court
Gardner B.
Kagan
King S.
Miklosi
Nikkel
Pace
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

100429AttachC.pdf

BILL:HB10-1152
TIME: 04:24:54 PM
MOVED:Court
MOTION:Adopt prepared amendment L.018 (Attachment B), which amends L.036. The motion passed without objection.
SECONDED:Ryden
VOTE
Court
Gardner B.
Kagan
King S.
Miklosi
Nikkel
Pace
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

100429AttachB.pdf

BILL:HB10-1152
TIME: 04:23:07 PM
MOVED:Court
MOTION:Adopt prepared amendment L.017 (Attachment A), which amends prepared amendment L.036. The motion passed without objection.
SECONDED:Ryden
VOTE
Court
Gardner B.
Kagan
King S.
Miklosi
Nikkel
Pace
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


100429AttachA.pdf
BILL:HB10-1152
TIME: 04:24:06 PM
MOVED:Gardner B.
MOTION:Lay over House Bill 10-1152 until May 13, 2010. The motion failed on a vote of 4-7.
SECONDED:Waller
VOTE
Court
No
Gardner B.
Yes
Kagan
No
King S.
Yes
Miklosi
No
Nikkel
Yes
Pace
No
Ryden
No
Waller
Yes
McCann
No
Levy
No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB10-1152
TIME: 05:31:46 PM
MOVED:Court
MOTION:Refer House Bill 10-1152, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 6-5.
SECONDED:Ryden
VOTE
Court
Yes
Gardner B.
No
Kagan
No
King S.
No
Miklosi
Yes
Nikkel
No
Pace
Yes
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS