Senate Committee on Judiciary (04/09/2012)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	04/09/2012	ATTENDANCE

Time:	01:30 PM to 01:43 PM	Giron	*
		King S.	X
Place:	SCR 356	Lundberg	X
		Nicholson	X
This Meeting was called to order by		Roberts	X
	Senator Carroll	Guzman	X
		Carroll	X
This Report was prepared by
	Hillary Smith
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB12-153 Conf 12-Civil Rights Commission		Postponed Indefinitely Refer to the Full Senate

01:30 PM -- Senate Bill 12-153

Senator Carroll, chair, called the meeting to order.

Senator Morse, sponsor, presented Senate Bill 12-153. The bill prohibits courts from issuing orders and entering judgments that have the effect of concealing public hazards. A public hazard is defined as a device, instrument, or product that has caused injury and may cause injury in the future, including personal injury or injury to property.

Under the bill, a party may resist the disclosure of public hazard information by filing a motion for a protective order. The party to such a motion produces a list or physically produces items subject to the proposed protective order, which the court may inspect in its chambers. The court must hold a hearing on the motion and may then issue a protective order only if it makes four specified findings by clear and convincing evidence. The court must find that the motion:

• does not concern information relevant to the public hazard, or is not reasonably likely to lead to evidence about the public hazard;
• will not suppress information useful to the public to protect themselves from the public hazard;
• passes a balancing test where a specific, serious, and substantial economic interest outweighs the risk to public safety; and
• is the least restrictive means to protect a specific economic interest.

Nonparties, including media interests, may intervene in court proceedings as opponents of motion for a protective order.

The bill prohibits contracts, settlements, and other agreements that have the purpose or effect of concealing a public hazard. The bill declares such agreements void and allows any person to intervene in court to contest the agreement.

01:31 PM

Senator Morse asked the committee to postpone the bill indefinitely. He spoke about the potential fiscal impact of the bill. The committee received a memo prepared by Legislative Council Staff concerning the fiscal note (Attachment A). Committee members also received a letter in opposition to the bill prepared by the law firm of Wells, Anderson, & Race, LLC (Attachment B).


BILL:	SB12-153
TIME:	01:31:43 PM
MOVED:	Roberts
MOTION:	Postpone Senate Bill 12-153 indefinitely at the request of the sponsor. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Giron	Yes
	King S.	Yes
	Lundberg	Yes
	Nicholson	Yes
	Roberts	Yes
	Guzman	Yes
	Carroll	Yes

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

01:32 PM -- Confirmation of Appointees to the Colorado Civil Rights Commission

Ms. Diann Rice and Mr. Marvin Adams, appointees to the Colorado Civil Rights Commission, came to the table to introduce themselves and to discuss their backgrounds and interest in serving on the commission. Their appointment letter is available in Attachment C. Ms. Rice spoke about her past experience serving on the commission. She responded to questions from Senator Carroll concerning the successes of the commission and the challenges facing it.

01:37 PM

Mr. Adams discussed his background and explained why he is interested in serving on the commission.

01:40 PM

Senator S. King spoke favorably about Ms. Rice's work in the Grand Valley. In response to questions from Senator Carroll, Mr. Adams elaborated on his goals for serving on the commission. He spoke about support for veterans.


BILL:	Conf 12-Civil Rights Commission
TIME:	01:42:13 PM
MOVED:	Guzman
MOTION:	Refer the appointments of Mr. Marvin R. Adams and Ms. Diann L. Rice to the Colorado Civil Rights Commission to the full Senate with a favorable recommendation. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Giron	Yes
	King S.	Yes
	Lundberg	Yes
	Nicholson	Yes
	Roberts	Yes
	Guzman	Yes
	Carroll	Yes

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

01:43 PM

The committee adjourned.