Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:05/05/2015
ATTENDANCE
Time:11:40 AM to 01:46 PM
Becker K.
X
Carver
X
Place:HCR 0112
Court
*
Dore
X
This Meeting was called to order by
Foote
X
Representative Kagan
Lawrence
X
Lundeen
X
This Report was prepared by
Pettersen
X
Bo Pogue
Salazar
X
Van Winkle
*
Willett
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB15-283
SB15-290
SB15-056		Referred to the Committee of the Whole
Referred to Appropriations
Referred to Appropriations


11:41 AM -- SB15-283

The committee was called to order. A quorum was present. Representative Lee, prime sponsor, presented Senate Bill 15-283, concerning debt collection proceedings, and, in connection therewith, increasing the scope and value of assets that may be exempted, clarifying definitions of "earnings", and clarifying the procedure for service of notice of exemption and pending levy in certain garnishment proceedings. Representative Lee explained the effect of the bill, and discussed its merits. Representative Lee responded to questions regarding the last time statutory provisions concerning bankruptcy exemptions were amended. The following persons testified regarding SB 15-283:

11:44 AM -- Mr. Guy Humphries, representing himself, testified regarding the bill. Mr. Humphries discussed the stakeholder process for drafting the bill, and explained that there is no cost-of-living provision that automatically adjusts the dollar value of bankruptcy exemptions. Mr. Humphries discussed some jurisprudence associated with garnishments and bankruptcy, and explained how SB 15-283 addresses this issue. Mr. Humphries responded to questions regarding the bill's amendment of the "tools of trade" exemption for bankruptcy.














11:55 AM -- Mr. Andy Qurat, representing himself, testified in opposition to SB 15-283. Committee members received a packet of information on a case involving bankruptcy exemptions (Attachment A). Mr. Qurat provided an overview of the history of the General Assembly's treatment of independent contractors as compared to employees for bankruptcy purposes, and explained that these two categories should be treated differently. Mr. Qurat addressed the jurisprudence associated with bankruptcy. He urged the committee to use caution in going forward with the bill. Discussion ensued regarding the General Assembly's authority in the area of bankruptcy exemptions, and the impact of garnishments and garnishment exemptions in bankruptcy on the economic well-being of the subject individuals.

15HouseJud0505AttachA.pdf15HouseJud0505AttachA.pdf

12:14 PM -- Ms. Melanie Layton, representing the Colorado Bankers Association and the Independent Bankers of Colorado, testified in support of the bill. Ms. Layton discussed the stakeholders involved in crafting the bill. Ms. Layton responded to questions regarding the position of the banking community on a provision in the bill.


12:16 PM
BILL:SB15-283
TIME: 12:16:25 PM
MOVED:Lee
MOTION:Refer Senate Bill 15-283 to the Committee of the Whole. The motion passed on a vote of 12-0.
SECONDED:Court
VOTE
Becker K.
Yes
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Pettersen
Yes
Salazar
Yes
Van Winkle
Excused
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


12:19 PM -- SB15-290

The committee recessed.






12:23 PM

The committee returned to order. Representative Wilson, prime sponsor, presented Senate Bill 15-290, concerning the creation of the Colorado Student Leaders Institute. Representative Wilson provided background on the Colorado Student Leaders Institute, and explained how such programs are conducted in other states. Representative Wilson explained the effect of the bill and discussed its merits. Representative Wilson also provided an overview of the proposed institute. Representative Wilson responded to questions regarding the need for the Colorado Student Leaders Institute in light of the existence of other similar programs, and student financial contributions toward their attendance at the institute. Discussion ensued regarding the potential for amending the bill to remove encouragement of student contributions.


12:37 PM

Representative Wilson responded to questions regarding the differences between the Colorado Student Leaders Institute and other similar programs, and the criteria considered in admitting students to the institute.


12:41 PM

No one testified regarding SB 15-290. Discussion ensued regarding the programs currently available for gifted students in Colorado. Representative Salazar explained the effect of prepared amendment L.001 (Attachment B). Discussion ensued regarding the merits of the amendment.

15HouseJud0505AttachB.pdf15HouseJud0505AttachB.pdf




























12:51 PM

Discussion continued regarding the merits of amendment L.001. Ms. Julie Pelegrin, Office of Legislative Legal Services, clarified a provision in the bill that encourages student contributions to the program. Discussion returned to the merits of amendment L.001.
BILL:SB15-290
TIME: 12:54:45 PM
MOVED:Salazar
MOTION:Adopt amendment L.001 (Attachment B). The motion failed on a vote of 2-9.
SECONDED:Foote
VOTE
Becker K.
No
Carver
No
Court
No
Dore
No
Foote
Yes
Lawrence
No
Lundeen
No
Pettersen
No
Salazar
Yes
Van Winkle
Excused
Willett
Excused
Lee
No
Kagan
No
YES: 2 NO: 9 EXC: 2 ABS: 0 FINAL ACTION: FAIL

























12:59 PM

Representative Wilson provided closing remarks in support of SB 15-290. Various committee members provided their positions on the bill.
BILL:SB15-290
TIME: 01:00:01 PM
MOVED:Court
MOTION:Refer Senate Bill 15-290 to the Committee on Appropriations. The motion passed on a vote of 7-4.
SECONDED:Pettersen
VOTE
Becker K.
Yes
Carver
No
Court
Yes
Dore
No
Foote
Yes
Lawrence
No
Lundeen
No
Pettersen
Yes
Salazar
Yes
Van Winkle
Excused
Willett
Excused
Lee
Yes
Kagan
Yes
Final YES: 7 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: PASS


01:03 PM

The committee recessed.


01:05 PM -- SB15-056

The committee returned to order. Representative Kraft-Tharp, prime sponsor, presented Senate Bill 15-056, concerning reducing the frequency of administering the statewide assessment in social studies. Representative Kraft-Tharp explained the effect of the bill, and discussed its merits. Discussion ensued regarding the elective nature of the bill. Representative Kraft-Tharp responded to questions regarding the potential ramifications of reducing social studies testing in schools. Representative Pettersen provided clarification on the effect of the bill in the context of other legislation concerning student assessment testing. Mr. Josh Abram, Legislative Council Staff, responded to questions regarding the fiscal impact of the bill. Discussion followed regarding the potential for a staggered social studies testing schedule to skew the tracking of results.







01:18 PM

The following persons testified regarding SB 15-056:

01:18 PM -- Ms. Sherri Mitchell, representing Junior Achievement, Ms. Rebecca Theobald, representing the Colorado Geographic Alliance, and Mr. Rob Clinton, representing the Colorado Council for Economic Education, testified in support of the bill. Ms. Mitchell provided background on the testing of financial literacy in Colorado, and spoke in favor of this type of testing. Ms. Theobald discussed the concerns that are intended to be addressed by the bill. Mr. Clinton addressed questions raised during earlier discussion, and explained the nature of the statewide social studies assessment. Mr. Clinton also discussed the fiscal impact of the bill. Ms. Mitchell responded to questions regarding the assessment of social studies testing in Colorado. Ms. Theobald explained how the bill would reduce the overall incidence of social studies testing.


01:30 PM

Ms. Mitchell and Ms. Theobald responded to questions regarding state testing requirements as compared to national requirements, and statewide testing requirements in other states. Mr. Clinton responded to questions regarding curriculum requirements for economics and financial literacy, and the need to change curricula at the school district level to meet statewide testing standards. Ms. Mitchell and Mr. Clinton responded to questions regarding how individual schools will be selected to conduct social studies testing in a given year under the bill.



































01:41 PM

No amendments were offered to SB 15-056. Representative Kraft-Tharp provided closing remarks in support of the bill. Various committee members provided their positions on the bill.
BILL:SB15-056
TIME: 01:42:11 PM
MOVED:Court
MOTION:Refer Senate Bill 15-056 to the Committee on Appropriations. The motion passed on a vote of 13-0.
SECONDED:Pettersen
VOTE
Becker K.
Yes
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Pettersen
Yes
Salazar
Yes
Van Winkle
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:46 PM

The committee adjourned.