House Committee on Judiciary (02/17/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	02/17/2012	ATTENDANCE

Time:	10:41 AM to 12:04 PM	DelGrosso	*
		Duran	X
Place:	HCR 0107	Kagan	X
		Lee	*
This Meeting was called to order by		Nikkel	E
	Representative Gardner B.	Pabon	X
		Ryden	X
This Report was prepared by		Sonnenberg	*
	Jessika Shipley	Waller	X
		Barker	X
		Gardner B.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1163 HB12-1095 HB12-1266		Referred to the Committee of the Whole Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only

10:41 AM -- House Bill 12-1163

Representative Waller, prime sponsor, presented House Bill 12-1163 concerning limited peace officer authority designations. The bill eliminates the authority of the Peace Officer Standards and Training (POST) Board to grant conditional peace officer status. The bill also allows a person to be granted provisional peace officer status if he or she has been authorized to act as a peace officer in another state or federal jurisdiction within the last three years, in addition to the current requirement that he or she has served in good standing in the other jurisdiction for one year. Current law requires that a person be an authorized peace officer in another jurisdiction for at least three years to be granted provisional status.

Discussion ensued about the training involved in becoming POST certified.

10:49 AM -- David Blake, representing the Colorado Attorney General's Office and the POST Board, testified in support of the bill.

10:50 AM -- Bill Clayton, representing the Colorado Police Protective Association, testified in support of the bill. Mr. Clayton clarified issues related to law enforcement officer training. He responded to questions from the committee.


BILL:	HB12-1163
TIME:	10:52:42 AM
MOVED:	Waller
MOTION:	Refer House Bill 12-1163 to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Lee
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	Excused
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:54 AM -- House Bill 12-1095

Representative Waller, prime sponsor, presented House Bill 12-1095 concerning electronic court documents. The bill modifies the statutory procedure for electronic transmission of documents required for arrest and search warrants.

The bill clarifies that warrants and affidavits received electronically may be signed electronically and treated as original documents for the purposes of criminal procedure. Judges are permitted to administer by phone the oath to receive a sworn or affirmed warrant affidavit. Issuing judges and magistrates are directed to facilitate the filing of the original affidavit and warrant with the clerk of court, and to forward a copy of the affidavit and warrant, with electronic signatures, to the law enforcement agency or other affiant. To issue a warrant, a court must possess either a faxed or electronic copy of search and arrest documents with valid signatures.

10:55 AM -- Jeff Clayton, representing the Judicial Branch, testified in support of the bill. Mr. Clayton discussed the verification of electronic court documents. He indicated that the bill brings the law into conformance with current judicial rules and practices. He responded to questions from the committee.


BILL:	HB12-1095
TIME:	11:00:04 AM
MOVED:	Waller
MOTION:	Refer House Bill 12-1095 to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Lee
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	Excused
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:01 AM -- House Bill 12-1266

Representative Sonnenberg, prime sponsor, presented House Bill 12-1266 concerning the continuation of the licensing of persons who furnish bail for compensation. He distributed prepared amendment L.004 (Attachment A) and discussed ongoing negotiations with the stakeholders about drafting the right bill. He indicated that a strike-below amendment is likely forthcoming, but is not yet available. Representative Gardner announced that action on the bill would be laid over until Thursday, February 23, 2012. The committee discussed the ongoing negotiations about the bill.

11:11 AM -- Paula Sisneros, representing the Division of Insurance in the Department of Regulatory Agencies (DORA), testified about the bill. Ms. Sisneros stated her opinion that the regulatory structure for bail bonding agents should be completely rewritten, rather than simply being amended. Colorado currently has three types of bail bond agents that are licensed through the Division of Insurance. They are cash, professional cash, and surety bond agents. Some agents hold a dual status. She explained her proposal that all surety bond agents be moved to a regular casualty insurance agent license and all cash and professional cash bond agents be simple licensees under the Division of Registrations. She discussed the merits of her proposal. Ms. Sisneros responded to questions from the committee.

11:23 AM -- Brian Pritchard, representing the Division of Registrations in DORA, testified about the bill. Mr. Pritchard spoke about Ms. Sisneros' proposal to move cash and professional cash bond agents under the regulation of the Division of Registrations. He responded to questions from the committee about the costs associated with regulating a small pool of licensees.

11:28 AM -- Corky Kyle, representing the Rocky Mountain Bail Agents' Association, testified about the bill. Mr. Kyle commended Representative Sonnenberg for his willingness to have open discussions and negotiations about the bill.

11:30 AM -- Erik Schneider, representing Mary Ellen Pollack, testified about the bill. Mr. Schneider expressed concerns about any plan that would put cash and professional cash bond agents out of business and about the rules-promulgation process. Representatives Sonnenberg and Gardner both stated their intent to regulate all bail bonding agents properly, but not in an overly burdensome manner. Mr. Schneider responded to questions from the committee about additional concerns expressed by Ms. Pollack.

11:37 AM -- David Widhalm, representing himself, testified about the bill. Mr. Widhalm expressed concerns about the future of cash and professional cash bond agents. He responded to questions from the committee about qualification bond limits. Discussion ensued about dual licensing of bond agents.

11:43 AM -- Jason Armstrong, representing the Professional Bail Agents of Colorado, testified about the bill. Mr. Armstrong expressed general support for Ms. Sisneros' proposal.

11:44 AM -- Dave Hyatt, representing American Contractors Indemnity Company, testified about the bill.

11:47 AM -- Maureen Cain, representing the Colorado Criminal Defense Bar and the Colorado Commission on Criminal and Juvenile Justice, testified about the bill. Ms. Cain stated that the business of bail bonding is inextricably linked with the criminal justice system.

11:49 AM -- Mark Spensieri, representing himself, testified about the bill. Mr. Spensieri expressed concerns about the future of cash and professional cash bond agents as the bill goes forward. He explained the process of paying bonding premium taxes.

11:55 AM

Representative Gardner explained that further discussion is required about how to proceed with the bill. He invited all of the stakeholders to a meeting about the bill immediately following the conclusion of the committee hearing. The committee discussed the forthcoming stakeholders' meeting.

12:04 PM

The committee adjourned.