Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:04/03/2014
ATTENDANCE
Time:01:36 PM to 02:50 PM
Buckner
X
Court
*
Place:HCR 0112
Gardner
X
Lawrence
X
This Meeting was called to order by
McLachlan
X
Representative Kagan
Murray
X
Pettersen
X
This Report was prepared by
Salazar
*
Bo Pogue
Waller
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB14-129
HB14-1296		Amended, Referred to Finance
Amended, Referred to Appropriations


01:37 PM -- SB14-129

The committee was called to order. A quorum was present. Representative May, prime sponsor, presented Senate Bill 14-129, concerning changes to criminal provisions related to marijuana. Representative May explained the effect of the bill. Representative May responded to questions regarding the source of the legislation, and the bill's intent. The following persons testified regarding the bill:

01:40 PM -- Mr. Charles Garcia, representing the Colorado Commission on Criminal and Juvenile Justice, testified in support of the bill. Mr. Garcia discussed the work of the Amendment 64 Task Force on marijuana issues, and its legislative recommendations with respect to minors. Mr. Garcia provided background on legislation considered in recent years concerning marijuana in light of the passage of Amendment 64, and clarified the intent of Senate Bill 14-129, detailing key provisions in the bill. Mr. Garcia responded to questions regarding the Advanced Roadside Impaired Driving Enforcement training course for law enforcement. Discussion ensued regarding an exemption in the bill's enforcement provisions for those under 21 years of age with medical marijuana cards. Discussion followed regarding the ability of defendants to legally challenge the accuracy of impairment tests under the bill.


01:52 PM

Mr. Garcia responded to questions regarding the need for expert testimony in court to prove impairment in marijuana intoxication cases, and methods available to defendants to challenge the allegation.

01:55 PM -- Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Hanuman discussed the stakeholder process that led to the crafting of the bill.







01:56 PM

Representative Kagan explained the effect of amendment L.006 (Attachment A). Discussion ensued regarding the types of intoxicating substances covered by the amendment.

14HseJud0403AttachA.pdf14HseJud0403AttachA.pdf
BILL:SB14-129
TIME: 01:57:04 PM
MOVED:Kagan
MOTION:Adopt amendment L.006 (Attachment A). The motion passed without objection.
SECONDED:Salazar
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
























01:58 PM

Representative Kagan explained the effect of prepared amendment L.005 (Attachment B).

14HseJud0403AttachB.pdf14HseJud0403AttachB.pdf
BILL:SB14-129
TIME: 01:59:15 PM
MOVED:Kagan
MOTION:Adopt amendment L.005 (Attachment B). The motion passed without objection.
SECONDED:Salazar
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
























BILL:SB14-129
TIME: 01:59:50 PM
MOVED:Court
MOTION:Refer Senate Bill 14-129, as amended, to the Committee on Finance. The motion passed on a vote of 11-0.
SECONDED:Salazar
VOTE
Buckner
Yes
Court
Yes
Gardner
Yes
Lawrence
Yes
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Waller
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:00 PM -- HB14-1296

The committee recessed.


02:04 PM

The committee returned to order. Representative Landgraf, prime sponsor, presented House Bill 14-1296, concerning the enforcement of prohibitions against designer drugs by the Division of Liquor Enforcement within the Department of Revenue. Representative Landgraf explained the effect of the bill, and noted that the Colorado Association of Chiefs of Police supports the bill. Representative Landgraf discussed the fiscal impact of the bill and noted the effect of prepared amendment L.001 (Attachment C). Representative Landgraf responded to questions regarding the enforcement powers of a liquor enforcement investigator, and the need for the legislation in light of these powers. Discussion ensued regarding the removal of the authority of the Liquor Enforcement Division over the cultivation of designer drugs by amendment L.001.

14HseJud0403AttachC.pdf14HseJud0403AttachC.pdf











02:13 PM

The following persons testified regarding House Bill 14-1296:

02:13 PM -- Sergeant Scott Pendleton, representing the Aurora Police Department, testified in support of the bill. Sgt. Pendleton discussed his department's efforts to police so-called spice and other designer drugs, and the distribution and sale of these drugs. He also discussed issues associated with designer drugs, such as overdoses, and successes experienced by the department in confiscating the drugs. Sgt. Pendleton responded to questions regarding the legal classification of certain designer drugs, and the relationship between local police departments and the Department of Revenue in policing designer drugs under the bill. Discussion ensued regarding the need for House Bill 14-1296, considering that liquor enforcement investigators are currently empowered to enforce all of the state's laws.


02:23 PM

Discussion ensued regarding the resources available within the Department of Revenue for liquor enforcement.

02:23 PM -- Mr. Grier Bailey, representing the Colorado-Wyoming Petroleum Marketers Association, testified in support of the bill. Mr. Bailey discussed the importance of the bill to public safety, and addressed questions raised earlier about the need for the legislation.

02:26 PM -- Mr. Patrick Maroney, representing the Liquor Enforcement Division within the Department of Revenue, testified in support of House Bill 14-1296. Mr. Maroney discussed the benefits of empowering the division to police the retail sale of designer drugs. Discussion ensued regarding the ability of the division to police designer drugs without being allocated additional personnel under the bill. Discussion followed regarding the need for the legislation. Mr. Maroney responded to questions regarding the purpose of the bill. Discussion returned to the fiscal impact of the bill.


























02:34 PM

Representative Gardner explained the effect of amendment L.001.
BILL:HB14-1296
TIME: 02:35:25 PM
MOVED:Waller
MOTION:Adopt amendment L.001 (Attachment C). The motion passed without objection.
SECONDED:Lawrence
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





























02:36 PM

Representative Landgraf provided closing remarks in support of House Bill 14-1296. Various committee members expressed their positions on the bill.
BILL:HB14-1296
TIME: 02:38:11 PM
MOVED:Murray
MOTION:Refer House Bill 14-1296, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-4.
SECONDED:Lawrence
VOTE
Buckner
No
Court
No
Gardner
Yes
Lawrence
Yes
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
No
Waller
Yes
Lee
Yes
Kagan
No
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:50 PM

The committee adjourned.