Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:02/28/2013
ATTENDANCE
Time:01:31 PM to 07:21 PM
Buckner
X
Court
X
Place:SupCt
Gardner
*
Lawrence
*
This Meeting was called to order by
McLachlan
X
Representative Kagan
Murray
X
Pettersen
X
This Report was prepared by
Salazar
X
Jessika Shipley
Wright
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB13-1213
SB13-011		Postponed Indefinitely
Referred to Finance


01:32 PM -- House Bill 13-1213

Representative Levy, prime sponsor, asked the committee to postpone indefinitely House Bill 13-1213. The bill would have enacted the Uniform Asset-freezing Orders Act, drafted by the National Conference of Commissions on Uniform State Laws. The bill would have created a uniform process for orders freezing the assets of a defendant and restraining nonparties to an action to preserve assets prior to judgement.



























BILL:HB13-1213
TIME: 01:33:04 PM
MOVED:Kagan
MOTION:Postpone House Bill 13-1213 indefinitely. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:Salazar
VOTE
Buckner
Yes
Court
Yes
Gardner
Excused
Lawrence
Yes
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Wright
Yes
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


01:33 PM -- Senate Bill 13-011

Representatives Ferrandino and Schafer, co-sponsors, presented Senate Bill 13-011 concerning authorization of civil unions. The bill authorizes civil unions in Colorado and sets forth the rights, responsibilities, and requirements of persons entering a civil union. Two persons, regardless of gender, may enter into a civil union if they are not related by blood, not married to or in a civil union with another person, and are over the age of 18. The bill sets the fees and procedures to obtain a civil union license from a county clerk and to petition the court for the dissolution, invalidation, and legal separation of a civil union. The Department of Public Health and Environment (DPHE) is required to create all necessary forms for civil union licenses and certificates.

The bill grants persons in civil unions the same benefits, protections, and responsibilities as spouses and specifies that persons in a civil union are covered under the statutory definitions of dependent, spouse, next of kin, heir, family, immediate family, and other terms in law indicating a familial or spousal relationship. The bill applies the laws of domestic relations (i.e., divorce, child custody, property division, child support, etc.) to persons in civil unions.















The bill applies the benefits, protections, and responsibilities of spouses to the parties to a civil union in several areas, including, among other things:

Other provisions of the bill:
Representatives Ferrandino and Schafer spoke at length about their intentions in sponsoring the bill.

The following individuals testified:

01:53 PM -- Attorney General John Suthers, representing himself, testified in opposition to the bill. Attorney General Suthers spoke about his experience as an adopted child whose adoption was handled through a Catholic charity group. He expressed concern that the bill will negatively affect religious institutions providing adoption services. He asked for an exemption in the bill for religiously affiliated adoption agencies. He responded to questions from the committee about the constitutionality of the bill.

01:59 PM -- Brad Clark, representing One Colorado, testified in support of the bill. Mr. Clark stated that the bill is about providing legal protections and responsibilities to committed couples and their children.













02:02 PM -- Shawna Kemppainen and Lisa Green, representing themselves, testified in support of the bill. Ms. Green spoke about her therapy practice and the challenges she has faced as a gay woman with multiple sclerosis in a committed relationship. She stated that she has the right to equal treatment under the law. Ms. Kemppainen spoke about her work with lesbian, gay, bisexual, and transgender (LGBT) youth in Colorado Springs.

02:10 PM -- Marie Moses, representing the Colorado Bar Association, testified in support of the bill. Ms. Moses stated that the bill defines rights and responsibilities for same-sex couples to each other and their children. She spoke about the provisions of family law that will be changed by the bill.

02:12 PM -- James Johnson, representing the National Association for the Advancement of Colored People, testified in support of the bill. Mr. Johnson spoke about equal protection under the law. He responded to questions from the committee.

02:17 PM -- Mario Nicolais, representing Coloradans for Freedom, testified in support of the bill. Mr. Nicolais discussed reasons why conservatives should support the equal protection offered by the bill.

02:20 PM -- Fran, Anna, and Jeremy Simon, representing themselves, testified in support of the bill. They spoke about needing and deserving the basic protections of the law that other families have.

02:27 PM -- Mindy Barton, representing the Gay, Lesbian, Bisexual, and Transgender Community Center of Colorado (the Center), testified in support of the bill. Ms. Barton spoke about her work at the Center. She discussed discrimination and responded to questions from the committee.

02:32 PM -- Sonrisa Lucero, representing herself, testified in support of the bill. Ms. Lucero spoke about her relationship with her partner, Christina. She discussed the intolerance Christina and she have faced as a Latino lesbian couple.

02:35 PM -- Alexander Hornaday, representing the Colorado Log Cabin Republicans, testified in support of the bill. Mr. Hornaday spoke about traditional conservative values, which include strong families and equal protection under the law.

02:38 PM -- Reverend Jeremy Shaver and Reverend Doctor JulieTodd, representing the Colorado Interfaith Alliance and the Faithful Voices for Strong Families Coalition, testified in support of the bill. Reverend Shaver spoke about religious freedom and protection under the bill. Reverend Doctor Todd discussed her experience as a Methodist minister. Mr. Shaver responded to questions from the committee.

02:44 PM -- Jaime Moreno, representing himself, testified in support of the bill. Mr. Moreno discussed problems he and his partner have faced in emergency rooms with regard to medical decisions.

02:47 PM -- Mike Maday and Amy Goscha, representing the Mediation Association of Colorado, testified in support of the bill. Mr. Maday discussed the mediation of dissolution of marriage cases. Ms. Goscha spoke about the obligations of mediators pursuant to the bill.

02:51 PM -- Reverend David Connor, representing himself, testified in support of the bill. Reverend Connor spoke about biblical passages that discuss homosexuality.










02:54 PM -- Earl Bandy, representing himself, testified in support of the bill. Mr. Bandy stated that he is a member of a conservative evangelical church and a Republican precinct captain. He indicated that the state and church should remain separate.

02:57 PM -- Seth Thomas, representing himself, testified in support of the bill. Mr. Thomas expressed his opinion that the problem with being gay is the lack of equal protection under the law.

03:01 PM -- Nancy Cronk, representing herself, testified in support of the bill. Ms. Cronk spoke about her experience as a volunteer on a suicide hotline and as a person of faith.

03:04 PM -- Nathan Woodliff-Stanley, representing the American Civil Liberties Union (ACLU) of Colorado, testified in support of the bill. Mr. Woodliff-Stanley expressed his opinion that businesses should not be allowed to discriminate for religious reasons. He responded to questions from the committee.

03:07 PM -- Bob Gaiser, representing the City and County of Broomfield, testified in support of the bill. Mr. Gaiser spoke about an individual in Broomfield who was murdered for being gay.

03:09 PM -- Daneya Esgar, representing herself, testified in support of the bill. Ms. Esgar spoke about fairness, equality, and compassion.

03:13 PM -- Joe Hughes, representing himself, testified in support of the bill. Mr. Hughes stated that he seeks the same rights given to his straight siblings. He discussed his experience as a gay Catholic.

03:15 PM -- Travis Winsor, representing himself, testified in support of the bill. Mr. Winsor stated that he is straight, white, and single and he supports the bill. He discussed constitutional rights.

03:17 PM -- Euell Santistevan, representing himself, testified in support of the bill. Mr. Santistevan spoke about the bill from the perspective of LGBT youth and discussed his hope for equal rights.

03:19 PM -- Keo Frazier, representing herself, testified in support of the bill. Ms. Fraizier spoke about her conservative upbringing and the difficulty she experienced coming out to her family.

03:23 PM -- Kirsten Marshall, representing herself, testified in support of the bill. Ms. Marshall spoke about logic, justice, and kinship.

03:26 PM -- Jason Cobb, representing himself, testified in support of the bill. Mr. Cobb spoke about Colorado adoption laws and stated his opinion that all families deserve fair and equal protection of the law. He responded to questions from the committee.

03:30 PM -- Melinda Quiat, representing the Anti-defamation League of Colorado, testified in support of the bill. Ms. Quiat spoke about the reasons civil unions are important for Colorado society and the economy.

03:33 PM -- Mary Helen Sandoval, representing herself, testified in support of the bill. Ms. Sandoval spoke about her experience as the parent of a gay daughter.











03:37 PM -- Troy Ard, representing himself, testified in support of the bill. Mr. Ard spoke about the conservative value of limiting government and expressed his opinion that the bill provides equal protection for all Coloradans.

03:39 PM -- Kathryn Jensen, representing herself, testified in support of the bill. Ms. Jensen spoke about her desire for freedom and equality.

03:42 PM -- Sarah Welch, representing herself, testified in support of the bill. Ms. Welch expressed her opinion that same-sex couples need equal protection under the law.

03:45 PM -- Carrie Aburto, representing herself, testified in support of the bill. Ms. Aburto discussed her desire to marry her partner legally in Colorado.

03:48 PM -- Olivia Mendoza, representing the Colorado Latino Forum, testified in support of the bill. Ms. Mendoza stated the bill is a good public policy for Colorado families.

03:51 PM -- Christine Watson, representing the League of Women Voters of Colorado, testified in support of the bill.

03:54 PM -- George Walker, representing himself, testified in support of the bill. Mr. Walker spoke about his longtime support of LGBT issues and his interracial marriage. He discussed civil rights. Mr. Walker provided supporting documents for the record (Attachment A).

13HseJud0228AttachA.pdf13HseJud0228AttachA.pdf

04:00 PM -- De'vorah Kappers, representing herself, testified in support of the bill. Ms. Kappers discussed her racial and ethnic background.

04:03 PM -- Michael Carr, representing himself, testified in support of the bill. Mr. Carr spoke about his experience as a gay Republican.


04:07 PM

The committee recessed.



















04:20 PM

The committee returned to order.

04:22 PM -- Kellie Fiedorek, representing the Alliance Defending Freedom, testified in opposition to the bill. Ms. Fiedorek stated her opinion that the bill violates religious freedoms guaranteed by the United States Constitution. She distributed written copies of her testimony (Attachment B). She responded to questions from the committee about discriminating against individuals based upon their religious beliefs.

13HseJud0228AttachB.pdf13HseJud0228AttachB.pdf

04:38 PM -- Mark Rohlena, representing the Catholic Charities of Central Colorado, testified in opposition to the bill. Mr. Rohlena spoke about adoption services provided by Catholic Charities. He discussed differences between this bill and last year's version, and expressed the belief that protections for religious organizations should be added to the bill. He responded to questions from the committee about way adoptions are handled by Catholic Charities.

04:45 PM -- Nicolle Martin, representing Colorado Family Action, testified in opposition to the bill. She distributed copies of her testimony to the committee (Attachment C). She referred to previous conversations concerning complaints filed against a Colorado baker for refusing to make a wedding cake for a gay couple. She expressed concerns that the bill does not include exemptions for religious organizations. Ms. Martin responded to questions from the committee.

13HseJud0228AttachC.pdf13HseJud0228AttachC.pdf

05:15 PM -- Sandra Israel, representing herself, testified in opposition to the bill. Ms. Israel spoke about her experience giving a child up for an open adoption through Catholic Charities.

05:19 PM -- Kendrick Davis, representing himself, testified in opposition to the bill. Mr. Davis stated his opinion that homosexuals do not face discrimination in the same way that people of color did prior to the civil rights movement of the 1960s.

05:22 PM -- Father Bill Carmody, representing Colorado Catholic Conference, testified in opposition to the bill. Father Carmody spoke about previous statewide votes concerning the definition of marriage and domestic partnerships. He expressed concern that civil unions are not limited to same-sex couples. He stated that marriage is the cornerstone of our society, and expressed the view that civil unions would attempt to redefine marriage.













05:24 PM -- Patrick Einheber, representing himself, testified in opposition to the bill. Mr. Einheber provided the committee with a document addressing same-sex attraction and inequality (Attachment D).

13HseJud9228AttachD.pdf13HseJud9228AttachD.pdf

05:30 PM -- Amy and Larry Rudnicki, representing themselves, testified in opposition to the bill. Ms. Rudnicki discussed her experience as an adoptive parent who used the services of Catholic Charities. Mr. Rudnicki stated his belief that marriage is for one man and one woman only. He expressed his opinion that the bill discriminates against him for his religious beliefs.

05:36 PM -- Bruce Hausknecht, representing CitizenLink, testified in opposition to the bill. Mr. Hausknecht stated that the bill is unnecessary because Colorado law already provides protections to same-sex couples and homosexuals. He distributed a document illustrating his point (Attachment E). He responded to questions from the committee.

13HseJud0228AttachE.pdf13HseJud0228AttachE.pdf

05:48 PM -- Bishop John Brannon, representing himself, testified in opposition to the bill. Bishop Brannon discussed biblical passages about unjust rulers. He objected to the comparison between discrimination against people based on their race and based on their sexual orientation. He expressed his opinion that homosexuality is a choice. He responded to questions from the committee.

06:02 PM -- Margaret Huntington, representing herself, testified in opposition to the bill. Ms. Huntington spoke about her adoptive son, who was adopted using the services of Catholic Charities.

06:06 PM -- Laurel Javors, representing herself, testified in support of the bill. Ms. Javors spoke about her faith and how that affects her life as a gay woman.

06:10 PM -- Michael Troutman, representing himself, testified in opposition to the bill. Mr. Troutman spoke about marriage and expressed his opinion that the bill effectively establishes gay marriage.

06:13 PM -- Former Senator Ed Jones, representing himself, testified in opposition to the bill. Senator Jones objected to the comparison between discrimination against people of color and homosexuals. He responded to questions from the committee about discrimination.

06:23 PM -- Tessa Powell, representing herself, testified in opposition to the bill. Ms. Powell expressed her concern that the bill equates to gay marriage.













06:26 PM -- Matthew Aden, representing himself, testified in opposition to the bill. Mr. Aden raised concerns about the effects of civil unions on children.

06:30 PM -- Baxter and Steven Ong, representing themselves, testified in opposition to the bill. Baxter Ong related a story about a friend who had sexual fantasies about animals and asked where it ends with civil unions. Steven Ong expressed his opinion that homosexuality is a choice and quoted the Bible.

06:37 PM -- John Wren, representing himself, testified in opposition to the bill. Mr. Wren discussed a Colorado political committee he is organizing to create a referendum measure or to recall the House members who vote for the bill.

06:42 PM -- David DeJiacomo, representing himself, testified in opposition to the bill. Mr. DeJiacomo spoke about his lifelong struggle with same-sex attraction.

06:45 PM -- Matthew Niedzielski, representing himself, testified in opposition to the bill. Mr. Niedzielski expressed his opinion that the purpose of marriage is to conceive children. He indicated that the bill threatens to harm children.
BILL:SB13-011
TIME: 06:49:57 PM
MOVED:Lawrence
MOTION:Adopt amendment L.0016 (Attachment F). The motion died for lack of a second.

13HseJud0228AttachF.pdf13HseJud0228AttachF.pdf
SECONDED:
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:











06:51 PM

Representatives Ferrandino and Schafer wrapped up their presentation of the bill and asked for a favorable recommendation.


06:57 PM

Members of the committee spoke about their positions on the bill.


07:10 PM

Members of the committee continued to comment about their positions on the bill.
BILL:SB13-011
TIME: 07:20:03 PM
MOVED:Court
MOTION:Refer Senate Bill 13-011 to the Committee on Finance. The motion passed on a vote of 8-3.
SECONDED:Kagan
VOTE
Buckner
Yes
Court
Yes
Gardner
No
Lawrence
No
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Wright
No
Lee
Yes
Kagan
Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


07:21 PM

The committee adjourned.