Date: 04/30/2015

Final
BILL SUMMARY for SB15-213

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.035 (Attachment C). The motion p
Adopt amendment L.036 (Attachment B). The motion p
Adopt amendment L.037 (Attachment A). The motion p
Adopt amendment L.039 (Attachment D). The motion f
Refer Senate Bill 15-213, as amended, to the Commi		Pass Without Objection
Pass Without Objection
Pass Without Objection
FAIL
PASS



01:32 PM -- SB15-213

The committee came to order. A quorum was present. The committee recessed.


01:36 PM

The committee returned to order. Speaker Hullinghorst and Representative Duran, prime sponsors, presented Senate Bill 15-213, concerning the limited waiver of governmental immunity for claims involving public schools for injuries resulting from incidents of school violence. Speaker Hullinghorst explained the effect of the bill and discussed its need. Representative Duran thanked certain stakeholders for their work on the bill, and discussed the need for the legislation. She also discussed some changes made to the bill in the Senate, and explained the effect of some forthcoming amendments.


01:45 PM

The following persons testified regarding SB 15-213:

01:46 PM -- Mr. Mike Roche, representing Michael and Desiree Davis, testified in support of the bill. Mr. Roche explained the effect of the bill, and discussed its merits. Mr. Roche discussed the types of activities that would be exempted from lawsuits under the bill, and the types of activities that would expose a school to potential action. Mr. Roche discussed the damages available to plaintiffs in a liability case under the bill, and noted the damages moratorium contained in the bill. Mr. Roche explained that he hopes the bill's passage will spur schools to focus more on liability.


01:59 PM

Mr. Roche responded to questions regarding the circumstances under which a teacher might be sued under the bill, and circumstances that may expose schools to liability in a sporting environment. Mr. Roche responded to questions regarding the standards under which a liability case could be brought against a school under the bill, and the legislation's "bill of costs" provision. Mr. Roche responded to questions regarding the elements that constitute a crime of violence in the bill, and the effect of similar legislation in other states.


02:15 PM

Mr. Roche responded to questions regarding the potential impact of the bill on special needs students based on violent episodes and other similar types of incidents. Discussion returned to the elements that must be satisfied to trigger liability under the bill. Discussion ensued regarding the foreseeability of risk. Discussion returned to the circumstances under which a school employee might be exposed to liability under the bill.


02:25 PM

Discussion ensued regarding the liability exposure under which private schools operate, and the potential impact of the bill on schools' budgets. Mr. Roche responded to questions regarding the potential for the legislature to handle school liability on a case-by-case basis through legislation.

02:29 PM -- Ms. Sally Augden, representing the League of Women Voters, testified in opposition to the bill. Ms. Augden explained that the bill constitutes an unfunded mandate, and discussed certain issues facing public schools. Ms. Augden responded to questions regarding a provision in the bill that excludes school teachers from personal liability.

02:35 PM -- Ms. Maria Haas, representing herself, testified in support of the bill. Ms. Haas read a letter authored by Ms. Katie Roche concerning the events that took the life of Ms. Claire Davis.

02:40 PM -- Ms. Franceen Thompson, representing herself, testified in support of the bill. Ms. Thompson paraphrased discussion from the Senate Judiciary hearing on SB 15-213, and discussed the impact of violent school incidents on victims.

02:43 PM -- Mr. Bob Lembke, representing himself, testified in support of the bill. Mr. Lembke discussed the path taken by SB 15-213, and the intent of the legislation in terms of incentivizing schools to alter their safety practices. Mr. Lembke urged the committee to keep the bill's current standards in place for school liability.

02:46 PM -- Mr. Michael and Ms. Desiree Davis, representing themselves, testified in support of the bill. Mr. Davis discussed the new priorities created for schools by the bill, and recounted the events that resulted in the death of his daughter. Mr. Davis explained that families have limited recourse under current law when a violent incident harms a family member, and discussed the ramifications of passing SB 15-213. Ms. Davis discussed her daughter and the events that resulted in her death, and recounted the record of behavior of the person who killed her daughter. Ms. Davis explained that the perpetrator was a foreseeable danger, and discussed the merits of the bill.


03:00 PM

Representative Kagan explained the effect of prepared amendment L.037 (Attachment A).

15HouseJud0430AttachA.pdf15HouseJud0430AttachA.pdf
BILL:SB15-213
TIME: 03:01:31 PM
MOVED:Kagan
MOTION:Adopt amendment L.037 (Attachment A). The motion passed without objection.
SECONDED:Lee
VOTE
Becker K.
Carver
Court
Dore
Foote
Lawrence
Lundeen
Pettersen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


03:02 PM

Representative Kagan explained the effect of prepared amendment L.036 (Attachment B).

15HouseJud0430AttachB.pdf15HouseJud0430AttachB.pdf
BILL:SB15-213
TIME: 03:02:54 PM
MOVED:Kagan
MOTION:Adopt amendment L.036 (Attachment B). The motion passed without objection.
SECONDED:Pettersen
VOTE
Becker K.
Carver
Court
Dore
Foote
Lawrence
Lundeen
Pettersen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


03:03 PM

Representative Kagan explained the effect of prepared amendment L.035 (Attachment C).

15HouseJud0430AttachC.pdf15HouseJud0430AttachC.pdf
BILL:SB15-213
TIME: 03:03:27 PM
MOVED:Kagan
MOTION:Adopt amendment L.035 (Attachment C). The motion passed without objection.
SECONDED:Lee
VOTE
Becker K.
Carver
Court
Dore
Foote
Lawrence
Lundeen
Pettersen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


03:04 PM

Representative Willett explained the effect of prepared amendment L.039 (Attachment D).

15HouseJud0430AttachD.pdf15HouseJud0430AttachD.pdf
BILL:SB15-213
TIME: 03:05:28 PM
MOVED:Willett
MOTION:Adopt amendment L.039 (Attachment D). The motion failed on a vote of 3-10.
SECONDED:Carver
VOTE
Becker K.
No
Carver
Yes
Court
No
Dore
No
Foote
No
Lawrence
No
Lundeen
Yes
Pettersen
No
Salazar
No
Van Winkle
No
Willett
Yes
Lee
No
Kagan
No
YES: 3 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL


03:13 PM

Representative Duran provided closing remarks in support of SB 15-213.
BILL:SB15-213
TIME: 03:14:39 PM
MOVED:Salazar
MOTION:Refer Senate Bill 15-213, as amended, to the Committee of the Whole. The motion passed on a vote of 10-3.
SECONDED:Dore
VOTE
Becker K.
Yes
Carver
No
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
No
Pettersen
Yes
Salazar
Yes
Van Winkle
Yes
Willett
No
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS