House Committee on Judiciary (03/01/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	03/01/2010	ATTENDANCE

Time:	01:35 PM to 10:58 PM	Court	X
		Gardner B.	X
Place:	HCR 0107	Kagan	X
		King S.	X
This Meeting was called to order by		Miklosi	*
	Representative Levy	Nikkel	X
		Pace	X
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:
HB10-1286 HB10-1248 HB10-1269 HB10-1288 HB10-1294 HB10-1277 HB10-1334		Postponed Indefinitely Postponed Indefinitely Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to Appropriations Amended, Referred to Appropriations

01:35 PM -- House Bill 10-1286

Representative Levy announced that the committee would relocate to the Old Supreme Court Chambers after House Bill 10-1286.
01:35 PM -- House Bill 10-1286

Representative Levy announced that the committee would relocate to the Old Supreme Court Chambers after hearing House Bill 10-1286.

01:37 PM

Representative McNulty, prime sponsor, presented House Bill 10-1286 concerning the transfer of corrections-related divisions of state government to the Department of Public Safety. Effective July 1, 2011, the bill transfers the Department of Corrections (DOC) and the Division of Youth Corrections in the Department of Human Services by a type 2 transfer to the Department of Public Safety. He distributed prepared amendment L.001 (Attachment A).

01:39 PM -- Karl Spiecker, DOC, spoke in opposition to the bill. Mr. Spiecker stated that the department disagrees that the bill will save any money because administrative functions have already been pared down to a very lean level. He responded to questions from the committee about duplicative efforts in the three departments that are affected by the bill. The committee discussed the combination of state departments to create efficiency and reduce costs.

01:53 PM -- Dr. Skip Barber, Colorado Association of Family and Children's Agencies, spoke in opposition to the bill. Dr. Barber stated that relocating the Division of Youth Corrections would be detrimental to juveniles because it would move them farther away from child welfare and mental health treatment services. In his opinion, it makes more sense to integrate youth corrections into the child welfare system. By moving youth corrections functions to the Department of Public Safety, the state further criminalizes youth in Colorado. Dr. Barber responded to questions from the committee about the continuum of care that exists in the Department of Human Services at the present time.

01:59 PM -- John Gomez, Division of Youth Corrections, spoke in opposition to the bill. Mr. Gomez discussed the integration of services for juveniles in the youth corrections system. He spoke specifically about the possibility of juveniles losing Medicaid eligibility if the bill were to be enacted. He talked about some of the reasons juveniles enter the corrections system and how the Department of Human Services works to minimize those causes. He stated that, from a philosophical perspective, the Division of Youth Corrections does not have anything in common with the DOC. Mr. Gomez responded to questions from the committee.

02:05 PM -- Tony Lombard, Department of Public Safety, spoke in opposition to the bill. Mr. Lombard stated that the bill represents a major shift in government and the issue has not been adequately studied. He responded to questions from the committee about the relationship between the functions of public safety and corrections.


BILL:	HB10-1286
TIME:	02:09:09 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.001 (Attachment A). 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

02:10 PM

Representative McNulty wrapped up his presentation of the bill and asked for a favorable recommendation. Members of the committee commented about their positions on the bill.


BILL:	HB10-1286
TIME:	02:12:43 PM
MOVED:	Gardner B.
MOTION:	Refer House Bill 10-1286 to the Committee on Appropriations with a favorable recommendation. 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:	HB10-1286
TIME:	02:13:25 PM
MOVED:	Kagan
MOTION:	Postpone indefinitely House Bill 10-1286. The motion passed on a vote of 6-5.
SECONDED:	Court
		VOTE
	Court	Yes
	Gardner B.	No
	Kagan	Yes
	King S.	No
	Miklosi	Yes
	Nikkel	No
	Pace	No
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:14 PM

Representative Levy recessed the committee so the members could relocate to the Old Supreme Court Chambers to hear the rest of the bills on the calendar.

02:28 PM -- House Bill 10-1248

Representative Levy brought the committee back to order and explained the timer light system. Each side was given a total of 40 minutes to speak on the bill.

02:29 PM

Representative Primavera, prime sponsor, presented House Bill 10-1248 concerning personal care products. The bill creates the Colorado Safe Personal Care Products Act which prohibits manufacturers, after September 1, 2011, from selling or distributing a personal care product that has any chemical that causes cancer or reproductive toxicity in Colorado. If a manufacturer violates the act, a person may bring an action against the manufacturer in the relevant court. Penalties for violating the act include a fine of up to $5,000 per violation per product for the first offense and up to $10,000 per violation per product for subsequent offenses. The bill provides a definition of personal care products and chemicals that cause cancer or reproductive toxicity.

Representative Primavera distributed prepared amendment L.001 (Attachment B) and a memorandum from the Office of Legislative Legal Services (Attachment C). She explained the amendment at length. She responded to questions from the committee. The committee discussed concerns with the language in the bill regarding the types of products that will be banned by the bill.

03:04 PM -- Mike Thompson, Personal Care Products Council, spoke in opposition to the bill. Mr. Thompson discussed the safety of personal care products. He stated that this legislation has never been adopted in any other state and that large cosmetics corporations do not carry different product lines for different markets. He also opposed the amendment to the bill. Mr. Thompson indicated that the bill is unfair to small Colorado businesses. He responded to questions from the committee about the regulation of personal care products.

03:11 PM -- Dr. Richard Adamson, Personal Care Products Council, spoke in opposition to the bill. Dr. Adamson provided information about his background as a cancer causation scientist. He discussed the prevalence and effects of cancer. He stated that no credible research shows that personal care products cause cancer. Dr. Adamson responded to questions from the committee about the toxicity of the products that will be banned by the bill. He talked about safety testing and hazard assessments of personal care products. He stated that the bill does not represent good science.

03:25 PM -- Lisa Allen, representing herself, spoke in support of the bill. Ms. Allen discussed her personal experience as a nurse who cares for infants. She talked about chemicals in personal care products that are marketed toward infants, which she believes are harmful. She stated her belief that limiting access to unsafe products is the next step in health care.

03:32 PM

Dr. Adamson continued to respond to questions about the toxicity of personal care products. He stated that he has never heard of an internal cancer that was caused by topical application of a product. Many of the substances that are addressed by the bill occur naturally in the human body. Dr. Adamson stated his opinion that the United States has the safest food and other products in the world.

03:50 PM -- Dr. Philip Guzelian, representing himself, spoke in opposition to the bill. Dr. Guzelian discussed his medical background. He stated his opinion that no manufacturer will ever know if it is in compliance with the bill due to changing scientific methods for detecting traces of chemicals. All substances are toxic; it is dosage that differentiates between toxic and non-toxic amounts of a product. Dr. Guzelian talked about his experience with patients who link their cancer to exposure to particular substances. Generally, patients with cancer are exposed to a very large number of potential carcinogenic substances and it is almost impossible to definitively link the cause of one person's cancer to one such substance. Dr. Guzelian responded to questions from the committee.

04:00 PM -- Jerell and Elissa Klaver, Salus Natural Body Care, spoke in opposition to the bill. Mrs. Klaver is a cancer survivor and the mother of a child who died soon after birth due to a birth defect. She discussed the healthy lifestyle choices her family makes. Mr. and Mrs. Klaver manufacture and sell natural body care products and they believe the bill would force them to close their business. Mr. Klaver discussed the penalties contained in the bill that would create an economic burden on small Colorado businesses. He finds it offensive that Colorado would need to look outside the United States for guidance about the safety of products.

04:07 PM -- Alan Lewis, Vitamin Cottage Natural Grocers, spoke in opposition to the bill. Mr. Lewis stated that Vitamin Cottage sets very high standards for the safety of its products. He expressed concern that the bill does not provide adequate funding for the proper regulatory framework to ensure the safety of ingredients in products sold in Colorado. Mr. Lewis responded to questions from the committee.

04:12 PM -- Dr. John Bailey, Personal Care Products Council, spoke in opposition to the bill. Dr. Bailey is the chief medical officer of the Personal Care Products Council. He discussed his public health background. He believes that the bill represents bad science with no evidentiary-based research showing that the substances covered by the bill are toxic. He stated that companies do not reformulate products for sale in the European market. Dr. Bailey responded to questions from the committee about FDA regulation of personal care products.

04:20 PM -- Dr. Tim Long, Procter and Gamble Company, spoke in opposition to the bill.

04:20 PM -- Kathleen Wille, Johnson and Johnson, spoke in opposition to the bill.

04:21 PM -- Lucille Van Baaren, Estee Lauder Companies, spoke in opposition to the bill. Ms. Van Baaren stated that product safety is of paramount importance to the Estee Lauder Companies.

04:23 PM

Dr. Bailey, Dr. Long, Ms. Wille, and Ms. Van Baaren responded to extensive questioning from the committee.

04:36 PM -- Dr. Cindy Jones, Sagescript Institute, spoke in opposition to the bill. Dr. Jones discussed the safety of substances labeled as carcinogens. She reiterated the testimony of prior witnesses with regard to the natural occurrence of many substances used in personal care products.

04:42 PM -- Jordan Lipp, Colorado Civil Justice League, spoke in opposition. Mr. Lipp stated his position that the bill gives a private right of action to any person, which is unconstitutional. He discussed the difficulty with identifying how much of a substance constitutes a trace amount, an ambiguity which will potentially lead to lawsuits. Finally, he indicated that the costs of defending these lawsuits are very high. Mr. Lipp responded to questions from the committee. Representative Kagan asked for clarification on Mr. Lipp's comments about a private right of action.

04:50 PM -- Karen Larsen, representing Avon Products, Inc., spoke in opposition to the bill. Ms. Larsen described her professional experience working for Avon. She stated that she would not sell Avon products if she had any concerns about their safety.

04:53 PM -- Susan Roll, Women's Lobby of Colorado, spoke in support of the bill. Ms. Roll distributed a document published by the Breast Cancer Fund, titled "State of the Evidence," to the members of the committee (Attachment D). Ms. Roll discussed the importance of relying on independent scientific studies on this issue. She addressed arguments cited by representatives of the cosmetics industry. She discussed the limits of the authority of the FDA over the cosmetics industry. She spoke about standards within the European Union for the cosmetics industry. Representative Miklosi asked for Ms. Roll's opinion of the current practice of the cosmetics industry regarding recalls. Representative Kagan asked for additional information on the independent scientific studies that Ms. Roll had mentioned

05:04 PM

Representative King asked why this is the first opportunity that members of the committee have had to learn about scientific studies on this issue. Ms. Roll agreed that more scientific studies were needed. She responded to extensive questioning from the committee.

05:17 PM -- Dr. David Norris, University of Colorado, spoke in support of the bill. Dr. Norris distributed written testimony to the members of the committee (Attachment E). He read at length from his prepared remarks about the effects of natural environmental factors and human-based pollutants on development, reproduction, and behavior of vertebrates. Dr. Norris responded to questions from the committee.

05:39 PM

The committee continued to talk about the biological effects of naturally-occurring substances.

05:53 PM -- Rita Bellino, Queen B Salon, spoke in support of the bill. Ms. Bellino discussed her experience in the beauty industry. She related details of her personal experience with chronic pain that she believes was caused by the build-up of toxic substances in her body. She expressed her opinion that women are disproportionately exposed to toxic substances.

05:58 PM -- Sarah Johnson, SIRJJ Organics, spoke in support of the bill. Ms. Johnson discussed her personal experience as a manufacturer of personal care products. Her company uses all natural and organic ingredients. She discussed consumer concern about the ingredients in personal care products. She believes that the bill will help Colorado businesses, rather than hurt them. She expressed her opinion that companies manufacture different products with different ingredients, depending on the geographical area where the products will be sold. Ms. Johnson responded to questions from the committee.

06:13 PM -- Erin Yourtz, representing herself, spoke in support of the bill. Ms. Yourtz related details of her personal experience with cancer. She stated that she made an effort to eliminate toxins and known carcinogens from her life in the hopes of avoiding a reoccurrence of cancer. She stated her opinion that the scientific threshold for proving harm from a product is too high.

06:18 PM -- Mary Hendrick, representing herself, spoke in support of the bill. Ms. Hendrick discussed her personal concerns with the chemicals found in personal care products.

06:21 PM -- Allie Kinney read a written statement from the Autism Society of Colorado.

06:26 PM

Representative Primavera wrapped up her presentation of the bill and asked for a favorable recommendation.


BILL:	HB10-1248
TIME:	06:32:32 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.001 (Attachment B). The motion passed on a vote of 7-4.
SECONDED:	Court
		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:	HB10-1248
TIME:	06:41:05 PM
MOVED:	McCann
MOTION:	Refer House Bill 10-1248, as amended, to the Committee on Finance with a favorable recommendation. Members of the committee commented about their positions on the bill. The motion failed on a vote of 4-7.
SECONDED:	Ryden
		VOTE
	Court	No
	Gardner B.	No
	Kagan	No
	King S.	No
	Miklosi	Yes
	Nikkel	No
	Pace	No
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB10-1248
TIME:	06:42:43 PM
MOVED:	Waller
MOTION:	Postpone indefinitely House Bill 10-1248. The motion passed on a vote of 7-4.
SECONDED:	Gardner B.
		VOTE
	Court	No
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	No
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	No
	Levy	No
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:43 PM -- House Bill 10-1269

Representative Levy, prime sponsor, presented House Bill 10-1269 concerning the creation of remedies available in employment discrimination cases. The bill establishes the Workplace Fairness and Civil Rights and Remedies Act of 2010. It allows a plaintiff in an employment discrimination case brought under state law to receive compensatory and punitive damages. These damages are in addition to the remedies available under current law including front pay, back pay, interest on back pay, reinstatement or hiring, and other equitable relief. The bill caps the total compensatory and punitive damages that may be awarded, but if the case is tried by a jury, the court is not to inform the jury of the caps. The court may award reasonable attorney fees and costs to the prevailing party.

For the first year the bill is effective, compensatory and punitive damages, and attorney fees and costs, are only available against an employer with 15 or more employees. The damage limits for employers with 15 or more employees are the same as in federal law. The damage limits for all employers are shown below:

For employers with Maximum Overall Damages
14 or fewer employers $25,000
between 15 and 100 employees $50,000
between 101 and 200 employees $100,000
between 201 and 500 employees $200,000
more than 500 employees $300,000

Under state law, a person who believes he or she has been discriminated against must exhaust administrative relief before filing with a court. To accomplish this, the person must file a charge of discrimination (claim) with the Colorado Civil Rights Division (CCRD) of the Department of Regulatory Agencies. The division investigates the claim and the director makes a determination. If a claim is not settled at the division, the person may file with the appropriate court within 90 days of a determination, dismissal, or after receiving a "Right to Sue"notice.
Under federal law, plaintiffs who prevail in employment discrimination cases may be awarded compensatory and punitive damages and attorney fees. This only applies to cases against employers with 15 or more employees. An exception is the Age Discrimination in Employment Act (ADEA) which applies to employers with 20 or more employees and allows for the award of attorney fees but not compensatory or punitive damages. Discrimination on the basis of sexual orientation cannot be brought under federal law.

06:50 PM

Representative Levy distributed prepared amendment L.001 (Attachment F). She also distributed a written statement of support from The Bell Policy Center (Attachment G) and a list of states that offer compensatory and punitive damages (Attachment H).

06:53 PM -- Barry Roseman, Plaintiff Employment Lawyers' Association, spoke in support of the bill. Mr. Roseman discussed the remedies under state law for discrimination. He provided examples of cases of employment discrimination in which the plaintiffs had difficulty obtaining legal representation. He talked about checks and balances that currently exist in law to screen employment discrimination cases. Many cases are screened by the Colorado Civil Rights Division and the weaker cases are generally discarded. Mr. Roseman stated that the bill will not place a tremendous burden on Colorado employers because only a small number of cases will proceed. He responded to questions from the committee about the remedies under existing law.

07:05 PM -- Heather Atkinson, 9 to 5: National Organization of Working Women, read the written statement of Lorena Garcia. Ms. Atkinson also related the personal stories of individuals who have experienced employment discrimination.

07:11 PM -- Mindy Barton, Gay, Lesbian, Bisexual, and Transgender Community Center of Colorado, spoke in support of the bill. Ms. Barton discussed cases of employment discrimination based on sexual orientation. She stated that people do not have access to the law because they cannot afford attorneys without an award of damages.

07:14 PM -- Boone Kizer, One Colorado, spoke in support of the bill. Mr. Kizer stated that the lack of remedies under current law means that individuals struggle to find representation in cases involving violations of state civil rights laws.

07:16 PM -- Melinda Reed, American Association of University Women Colorado, spoke in support of the bill. Ms. Reed supports the vigorous enforcement of state nondiscrimination laws.

07:18 PM -- Dave Garrison, representing himself, spoke in opposition to the bill. Mr. Garrison is a small business owner with 12 employees. He related details of his experience with an employee who filed a discrimination case that went through several appeals. He stated his belief that this bill will have negative consequences for small businesses faced with baseless discrimination cases. He responded to questions from the committee about the nature of his case.

07:25 PM -- Chris Ottele, Colorado Civil Justice League and Colorado Association of Commerce and Industry, spoke in opposition to the bill. Mr. Ottele stated that the bill would take cases out of federal court and try them in state court at a significant cost to Colorado taxpayers. He provided information about meritless and baseless employment discrimination cases that he has defended in the past. He stated his opinion that the system is set up to hurt employers. Mr. Ottele responded to questions from the committee.

07:34 PM -- Melinda Hall, representing herself, spoke in opposition to the bill. Ms. Hall related details of her experience as a human resources professional who has been involved with employment discrimination cases that she believes were frivolous and baseless. She urged the committee to vote no on the bill because of her belief that it will encourage more baseless claims to be filed and pursued.

07:42 PM -- Andrew Volin, Colorado Civil Justice League, spoke in opposition to the bill. Mr. Volin related details of his experience as an employment attorney who helps companies defend against discrimination claims. He stated that the bill will negatively impact all Colorado employers. Mr. Volin distributed three charts regarding charges of discrimination (Attachments I, J, and K). He stated that current law provides adequate remedies for discrimination claims. He expressed his opinion that the bill will result in a significant rise in the number of employment discrimination claims filed in Colorado. He stated that he has never defended against a claim that had merit.

08:02 PM -- Barbara Thompson, Mountain States Employers' Council, spoke in opposition to the bill. Ms. Thompson stated that the bill imposes very strong legal remedies on small employers who cannot afford the burden.

08:06 PM -- Mari Newman, Colorado Bar Association and the American Civil Liberties Union (ACLU), spoke in support of the bill. Ms. Newman commented about the fact that the bar association and the ACLU rarely take the same position on the bill. The bar association is concerned with the bill because it helps to provide fair and equal access to justice and to the courts for all workers in Colorado. She provided information about meritorious employment discrimination claims for which she was the attorney. She explained that it can be financially burdensome for her to represent plaintiffs in discrimination cases. Ms. Newman discussed current statutory provisions that provide disincentives for bringing frivolous lawsuits. She talked about the award of attorney fees in Colorado. She addressed many of the comments made by opposition witnesses. Ms. Newman stated that the bill is the right thing to do. She responded to extensive questioning from members of the committee.

08:33 PM

Representative Levy wrapped up her presentation of the bill and asked for a favorable recommendation.


BILL:	HB10-1269
TIME:	08:38:48 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:	Court
		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


BILL:	HB10-1269
TIME:	08:49:30 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.002 (Attachment L). The amendment strikes language relating to the award of attorney fees. The committee discussed the amendment. 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:	HB10-1269
TIME:	08:52:31 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.004 (Attachment M). 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


BILL:	HB10-1269
TIME:	08:53:11 PM
MOVED:	Levy
MOTION:	Refer House Bill 10-1269, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 7-4.
SECONDED:	Court
		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
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:55 PM -- House Bill 10-1288

Representative Nikkel, prime sponsor, presented House Bill 10-1288 concerning the ability of a commercial real estate broker to secure payment of commissions earned and enacting the Commercial Real Estate Brokers Commission Security Act. The bill permits real estate brokers who provide tenants for commercial property to secure payment of debts through the creation of a lien on the commercial property. Liens are permitted if the broker has a listing agreement or written compensation agreement in place with the owner and the broker has exhausted all available means to enforce collection.

Brokers are required to first seek mediation of the dispute, give notice of intent to file a lien, give notice when a lien is filed, and commence any lawsuit within 6 months if a debt is not paid. If a commercial property has existing liens, such encumbrances have priority over a real estate broker's lien.

Representative Nikkel distributed prepared amendment L.002 (Attachment N).

09:01 PM -- Bob Moody, Colorado Chapter of the National Association of Industrial and Office Properties (NAIOP) and the Commercial Real Estate Development Association, spoke in opposition to the bill. Mr. Moody read a written statement discussing the membership of NAIOP. He stressed that real estate brokers are an integral part of the real estate development community and should be adequately compensated for their services. He questioned the magnitude of the problems addressed by the bill and indicated that a majority of developers pay commissions on time. Mr. Moody stated that the devil is in the details. He indicated that the proposed bill is based on a written contract between a real estate broker and a property owner. In his opinion, the definition of real estate broker in the bill is overly broad. Mr. Moody responded to questions from the committee. He also read a text message from Bruce Likoff, NAIOP, expressing opposition to the bill.

09:17 PM -- Trish Eshbaugh, Building Owners and Managers Association (BOMA), spoke in opposition to the bill. Ms. Eshbaugh stated that now is not the time to add another lien right. She indicated that the bill will make real property transactions more difficult and time-consuming. She responded to questions from the committee.

09:22 PM -- John Whitlock, BOMA, spoke in opposition to the bill. Mr. Whitlock stated that the bill is unnecessary because adequate remedies for real estate brokers already exist in law. He discussed his concerns with the broadness of brokers' liens, as proposed by the bill. Mr. Whitlock responded to questions from the committee about the problem the bill seeks to address.

09:35 PM -- Jack Fox, Colorado Association of Realtors, spoke in support of the bill. Mr. Fox discussed the problem of real estate brokers who are not paid in a timely manner or at all. Mr. Fox stated that the bill creates an incentive for all parties to come to the table and talk. He indicated that the bill is about getting paid in a timely manner for a lower cost than it takes to litigate a claim for payment of brokers' fees. Mr. Fox responded to questions from members of the committee.

09:57 PM -- Rick Calhoun, CB Richard Ellis, spoke in support of the bill. Mr. Calhoun discussed agency law and delinquent commissions. He provided information about unpaid brokers' commissions and litigation costs incurred in trying to collect those commissions.

10:07 PM -- Eric Nesbitt, Denver Metro Commercial Association of Realtors (DMCAR), spoke in support of the bill. Mr. Nesbitt related details of his experience as a real estate broker who has had commissions that were unpaid or were delayed. He responded to questions from the committee about the costs of litigation.

10:15 PM -- Bob Bramble, representing himself, spoke in support of the bill. Mr. Bramble related details of his experience as a real estate broker who has pending commissions owed to him.

10:18 PM -- Carolyn Martinez, representing herself, spoke in support of the bill. Ms. Martinez related details of her experience as a real estate broker with unpaid commissions.

10:22 PM -- Debbie Tamlin, representing herself, spoke in support of the bill. Ms. Tamlin related details of her experience as a real estate broker with unpaid commissions.

10:26 PM

Representative Nikkel wrapped up her presentation of the bill and asked for a favorable recommendation.


BILL:	HB10-1288
TIME:	10:27:33 PM
MOVED:	Nikkel
MOTION:	Adopt prepared amendment L.002 (Attachment N). The motion passed without objection.
SECONDED:	Court
		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


BILL:	HB10-1288
TIME:	10:30:25 PM
MOVED:	Nikkel
MOTION:	Refer House Bill 10-1288, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 10-1.
SECONDED:	Court
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	No
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:33 PM -- House Bill 10-1294


BILL:	HB10-1294
TIME:	10:33:54 PM
MOVED:	Waller
MOTION:	Postpone indefinitely House Bill 10-1294 at the request of the sponsor. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Court
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Excused
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:34 PM -- House Bill 10-1277

Representative DelGrosso, prime sponsor, presented House Bill 10-1277 concerning an extension of the prohibition against sexual conduct in correctional institutions. Current law prohibits an employee, contractor, or volunteer of a correctional facility from engaging in sexual conduct with an individual in custody of the facility. This bill extends that prohibition to employees, contractors, or volunteers of juvenile detention or commitment centers. Sexual conduct in a correctional institution can be a class 1 misdemeanor, a class 6 felony, or a class 5 felony, depending on the circumstances of the crime.

10:35 PM -- Tom Raynes, Colorado Attorney General's Office, spoke in support of the bill. Mr. Raynes expressed the support of the County Sheriffs of Colorado and the Colorado District Attorneys' Council for the bill.

10:36 PM -- John Gomez, Division of Youth Corrections, spoke in support of the bill. Mr. Gomez stated that the bill closes a loophole in the law.

10:38 PM

Representative DelGrosso wrapped up his presentation and discussed prepared amendment L.001 (Attachment O), which adds community corrections facilities to the bill for the purposes of prohibiting sexual conduct between employees and offenders.


BILL:	HB10-1277
TIME:	10:38:18 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.001 (Attachment O). The motion passed without objection.
SECONDED:	Court
		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


BILL:	HB10-1277
TIME:	10:38:40 PM
MOVED:	Gardner B.
MOTION:	Refer House Bill 10-1277, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Court
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Excused
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:39 PM -- House Bill 10-1334

Representative King, prime sponsor, presented House Bill 10-1334 concerning changes to indecency crimes. The bill amends the criminal statutes concerning public indecency and indecent exposure in the following ways:

• moves masturbation from public indecency to indecent exposure;
• moves the knowing exposure of a person's genitals with the purpose of causing affront or alarm from indecent exposure to public indecency;
• makes a subsequent offense of exposing a person's genitals with the purpose of causing affront or alarm a class 1 misdemeanor and unlawful sexual behavior under the Colorado Sex Offender Registration Act; and
• makes the exposure of a person's genitals with the intent to arouse or satisfy the sexual desire of any person part of the indecent exposure statute.

Public indecency is a class 1 petty offense and indecent exposure is a class 1 misdemeanor.

10:41 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke in support of the bill. Ms. Cain expressed the support of the Colorado District Attorneys' Council, the County Sheriffs of Colorado, and the ACLU. She talked about the various offenses covered by the bill. Ms. Cain explained prepared amendments L.001 (Attachment P) and L.002 (Attachment Q).

10:51 PM -- Laurie Rose Kepros, Colorado Criminal Defense Bar, spoke in support of the bill. Ms. Kepros expressed the support of the Colorado State Public Defender. She related examples of situations where indecent exposure was charged and the individual was required to register as a sex offender. She stated that it is important to align sexual behavior with sexual offenses in order to properly penalize sex offenders and to avoid diluting the effectiveness of the sex offender registry.

10:55 PM

Representative King wrapped up his presentation of the bill and asked for a favorable recommendation.


BILL:	HB10-1334
TIME:	10:56:36 PM
MOVED:	King S.
MOTION:	Adopt prepared amendment L.001 (Attachment P). The motion passed without objection.
SECONDED:	Court
		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


BILL:	HB10-1334
TIME:	10:57:12 PM
MOVED:	King S.
MOTION:	Adopt prepared amendment L.002 (Attachment Q). The motion passed without objection.
SECONDED:	Court
		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


BILL:	HB10-1334
TIME:	10:57:33 PM
MOVED:	King S.
MOTION:	Refer House Bill 10-1334, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	Court
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:58 PM

Representative Levy adjourned the committee.