Senate Committee on Judiciary (04/29/2015)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	04/29/2015	ATTENDANCE

Time:	01:42 PM to 11:57 PM	Cooke	X
		Guzman	X
Place:	RM 271	Merrifield	X
		Lundberg	*
This Meeting was called to order by		Roberts	X
	Senator Roberts

This Report was prepared by
	Conrad Imel
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB15-269 HB15-1288 SB15-283 HB15-1341 HB15-1327 HB15-1305 HB15-1303 SB15-284		Amended, Referred to the Committee of the Whole Postponed Indefinitely Referred to the Committee of the Whole - Consent Calendar Referred to Appropriations Referred to the Committee of the Whole - Consent Calendar Referred to Appropriations Referred to the Committee of the Whole - Consent Calendar Referred to the Committee of the Whole

01:43 PM

Senator Roberts, chair, called the committee to order. She explained the agenda and procedures for the meeting.

01:47 PM -- SB15-269

Senator Roberts, sponsor, presented Senate Bill 15-269, concerning the determination of whether an individual is an independent contractor for purposes of coverage under the state unemployment insurance program. She explained the bill and distributed amendment L.001 (Attachment A).

15SenateJud0429AttachA.pdf

01:50 PM -- Mr. Vincent Shaw, representing Teamsters Local 445, testified in opposition to the bill. Mr. Shaw stated that the bill makes it more likely that an individual would be classified as an independent contractor. He stated that the bill makes it easier for employers to misclassify individuals as independent contractors, which makes those individuals exempt from certain labor laws and other programs. He further explained the financial benefits of certain worker classifications for businesses.

01:54 PM -- Mr. Patrick Teegarden, representing the Colorado Department of Labor and Employment (CDLE), testified in opposition to the bill. Mr. Teegarden discussed the efforts of CDLE to clarify the guidelines for classifying workers. He also discussed the consequences of the bill. In response to a question, Mr. Teegarden discussed what he believes are the issues being addressed by the bill and the efforts of CDLE.

02:01 PM -- Ms. Kathy White, representing the Colorado Fiscal Institute, testified in opposition to the bill. Ms. White stated that the bill undermines the unemployment insurance (UEI) system, and discussed that system. She stated that the bill decreases the number of employers that would pay into UEI, which would harm the system.

02:05 PM -- Mr. David Hall, representing himself, testified in support of the bill. Mr. Hall stated that there are issues with the current statutory test for determining whether an individual is an employee or an independent contractor. Mr. Hall provided examples of employers using the current test. He stated that the bill simplifies the law and provides a bright line test that is easy to use. The committee and Mr. Hall discussed the current law and the factors outlined in SB 15-269.

02:15 PM

The committee and Mr. Hall continued to discuss worker classification and the relationship between employers and individuals.

02:18 PM -- Ms. Michelle Webster, representing the Colorado Center on Law and Policy, testified in opposition to the bill. Ms. Webster stated that the bill makes it easier for individuals to be classified as independent contractors. She explained that businesses misclassify employees as independent contractors to reduce costs. She also provided information related to classification of workers in Colorado. In response to a question, Ms. Webster discussed how she believes the bill would result in increased misclassification of workers.

02:25 PM -- Mr. Phil Hayes, representing AFL-CIO, testified in opposition to the bill. Mr. Hayes stated that worker classification is a complicated issue, and that the AFL-CIO supports clarifying the classification process. He stated that the bill assumes that all jobs are the same, and removes all discretion from the classification determination.

02:27 PM -- Mr. Dan Block, representing Colorado Association of Commerce and Industry, testified in support of the bill. Mr. Block stated support for the bill, but that some amendments are needed. Mr. Block discussed prior efforts to enact legislation similar to SB 15-269. He further discussed the inclusion of certain factors in the bill.

02:32 PM -- Mr. Greg Fulton, representing the Colorado Motor Carriers Association, testified in support of the bill. Mr. Fulton discussed challenges facing trucking companies, and those companies' compliance with state and federal law. He stated that independent contractor truck drivers prefer their classification. He also discussed his work with CDLE. In response to the committee, Mr. Fulton clarified his representation, and discussed classification of truck drivers.

02:41 PM -- Mr. Tony Gagliardi, representing the National Federation of Independent Business, testified in support of the bill. Mr. Gagliardi stated that being an independent contractor is a choice. He also discussed the actions of CDLE, including audits involving worker classification. In response to the committee, Mr. Gagliardi discussed his experiences with CDLE.

02:48 PM

Senator Roberts provided closing remarks on the bill and asked for the committee's support.

02:55 PM

Senator Lundberg discussed his experience with audits, and his position on the bill. The committee members discussed their positions on the bill.


BILL:	SB15-269
TIME:	03:02:40 PM
MOVED:	Roberts
MOTION:	Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Cooke
	Guzman
	Merrifield
	Lundberg
	Roberts


YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	SB15-269
TIME:	03:02:54 PM
MOVED:	Roberts
MOTION:	Refer Senate Bill 15-269, as amended, to the Committee of the Whole. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	No
	Merrifield	No
	Lundberg	Yes
	Roberts	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:03 PM -- HB15-1288

Senator Carroll, sponsor, presented House Bill 15-1288, concerning updates to the statutory prohibition on profiling. Senator Carroll distributed information to the committee regarding arrest rates (Attachments B and C), and explained those statistics. She explained the provisions of the bill.

15SenateJud0429AttachB.pdf

15SenateJud0429AttachC.pdf

03:10 PM -- Reverend Dawn Riley Duval, representing herself, testified in support of the bill. Rev. Duval discussed violence and protests currently taking place in the United States, including in Colorado. She stated that racial profiling happens, even when there is an absence of intentional racism. She stated that the bill will help rebuild trust between police and citizens, and helps end racial profiling.

03:13 PM -- Mr. Steve Bailey, representing himself, testified in support of the bill. Mr. Bailey discussed statements made by the Fraternal Order of Police. He also discussed instances relating to racial profiling by law enforcement.

03:18 PM -- Ms. Michele Wheeler, representing herself, testified in support of the bill. Ms. Wheeler discussed her experience discussing racial profiling with law enforcement officers, including participation in community meetings where racial profiling was discussed.

03:21 PM -- Mr. John Ferguson, representing the Stonewall Democrats of Colorado, testified in support of the bill. Mr. Ferguson discussed his encounters with Denver police officers, and stated that such experiences are different for white people than for people of color.

03:24 PM -- Ms. Lisa Calderon, representing the Denver chapter of the Colorado Latino Forum, testified in support of the bill. Ms. Calderon discussed her son's experiences with law enforcement, and steps taken to help ensure his safety. She provided information related to police interpretations of people of color. She also provided information related to the cost of such profiling. In response to the committee, Ms. Calderon discussed what she believes would improve situations involving racial profiling, including accountability for mistreatment.

03:29 PM -- Ms. Valerie Schlecht, representing the Colorado Cross-Disability Coalition, testified in support of the bill. Ms. Schlecht discussed actions that may result in violence.

03:31 PM -- Mr. Iroy Jackson, representing himself, testified in support of the bill. Mr. Jackson discussed his interactions with law enforcement, and stated that he believes he is pulled over because of his race, attire, or other reasons unrelated to his actions.

03:35 PM -- Ms. Sondra Young, representing the Denver chapter of the National Association for the Advancement of Colored People, testified in support of the bill. Ms. Young stated a belief in fairness, and that racial profiling was not fair. She discussed the importance of trust between police and communities. She also discussed her son's experiences being pulled over by law enforcement while driving.

03:37 PM -- Mr. Robert Lopez, representing the Colorado Progressive Coalition and the Colorado Latino Fund, testified in support of the bill. Mr. Lopez stated that racial profiling does occur. Mr. Lopez discussed his experience with racial profiling and the ability to file complaints for such law enforcement actions. He provided the committee information relating to racial profiling.

03:39 PM -- Ms. Mary Patrick, representing the Drug Policy Alliance, testified in support of the bill. Ms. Patrick provided information relating to race and law enforcement in Denver. She stated that data showed a systemic racial profiling problem, and that the committee should act.

03:42 PM -- Brother Jeff Fard, representing Community, testified in support of the bill. Brother Jeff recounted conversations he has had with law enforcement related to crime and race. He stated that he believes law enforcement does not condone racial profiling, but that it does occur. Brother Jeff also discussed interactions with law enforcement for people of different races.

03:45 PM -- Pastor Terrence Hughes, representing the Greater Metro Denver Ministerial Alliance, testified in support of the bill. Pastor Hughes discussed his experiences with racial profiling. He also discussed instances that others have had with law enforcement.

03:49 PM -- Mr. Vincent Bowen, representing himself, testified in support of the bill. Mr. Bowen, referencing a prior bill, stated that people of color do not know what the rules are going to be for traffic stops. He stated that the legislature should acknowledge there is a racial profiling problem, and that it should enact HB 15-1288 to remedy the problem. In response to the committee, Mr. Bowen stated that the bill would allow everyone to be a part of the community.

03:52 PM -- Ms. Sophia Carmela San Miguel, representing herself, testified in support of the bill. Ms. Miguel discussed the importance of racial profiling as an issue. She also discussed her experiences receiving traffic tickets.

03:55 PM -- Ms. Bianca Pullen, representing herself, testified in support of the bill. Ms. Pullen stated that she was frightened for her family. She said that education and wealth are not protective, and some police actions may be based more on race than other factors.

03:58 PM -- Ms. Elizabeth Epps, representing herself, testified in support of the bill. Ms. Epps discussed the House committee hearing on the bill, including arguments made by opponents of the bill. She also discussed statements made by the Colorado Fraternal Order of Police concerning the bill. Ms. Epps discussed anticipated testimony in opposition to the bill.

04:02 PM -- Mr. Art Way, representing the Drug Policy Alliance, testified in support of the bill. Mr. Way discussed the power of law enforcement officers and constitutional concerns. He stated that increased jailing has resulted in a decrease of federal Fourth Amendment ("Fourth Amendment") protections, specifically in neighborhoods of color. Senator Lundberg, Mr. Way, and Senator Carroll discussed constitutional concerns.

04:12 PM

Senator Lundberg and Senator Carroll continued to discuss Fourth Amendment concerns and police training.

04:15 PM -- Mr. Jason Warf, representing the Southern Colorado Cannabis Council, testified in support of the bill. Mr. Warf discussed law enforcement, generally, and racial disparities in drug-related arrests. Mr. Warf also discussed the Fourth Amendment, and explained personal experiences.

04:19 PM -- Mr. Mark Hurlbert, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Hurlbert discussed his opposition to racial profiling, but stated that there is an existing process to complain about racial profiling and remedies are available. He stated that he does not have a solution to racial profiling. Mr. Hurlbert discussed specific provisions of the bill. In response to the committee, Mr. Hurlbert discussed recent instances of police violence nationwide.

04:24 PM -- Ms. Meghan Dollar, representing the Colorado Municipal League, testified in opposition to the bill. Ms. Dollar stated that the bill could cause confusion for law enforcement. In response to the committee, Ms. Dollar stated that law enforcement representatives could discuss specific provisions of the bill that are problematic.

04:26 PM -- Pastor Garcia, representing Ambassadors for Christ Ministries, testified in support of the bill. He noted approval of prior testimony.

04:28 PM -- Ms. Arnetta Koger, representing herself, testified in support of the bill. Ms. Koger provided information from a study of law enforcement actions as it may relate to racial profiling. She noted a lack of race-related data gathered by law enforcement agencies in Colorado. Ms. Koger stated that racial profiling is an impediment to racial equality and discussed further reasons to oppose racial profiling.

04:30 PM -- Greenwood Village Police Chief John Jackson, representing the Colorado Association of Chiefs of Police, testified in opposition to the bill. Chief Jackson stated that he does not support racial profiling. He stated that there are current laws that prohibit racial profiling, and that all citizens' constitutional rights should be protected. He stated that HB 15-1288 does not solve any problems, and that terms in the bill are confusing. He discussed law enforcement interactions that may be affected by the bill, and stated that training would help solve racial profiling issues. In response to the committee, Chief Jackson further discussed why racial profiling occurs and stated that it is a law enforcement leadership, culture, and training issue. He stated that the bill would not solve these issues. He also discussed the effect of officer hiring on law enforcement performance.

04:40 PM

Chief Jackson discussed an interim study committee approved by the Legislative Council, and the role of the Colorado Association of Chiefs of Police with that committee.

04:41 PM -- Larimer County Sheriff Justin Smith, representing the County Sheriffs of Colorado, testified in opposition to the bill. Sheriff Smith discussed a lack of clarity in the bill. He discussed specific incidents concerning law enforcement actions following assaults.

04:45 PM -- Major Matt Packard, representing the Colorado State Patrol, testified in opposition to the bill. Major Packard stated that the bill does not permit casual contacts by law enforcement. He also discussed training for traffic stops, and stated that the bill removes the ability to engage in questioning concerning serious crimes.

04:48 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Raynes discussed his experiences concerning racism and violence. He stated that the bill does not prevent racial profiling, and that a task force would help solve the issue. He said the bill's provisions reflect what is already current law.

04:52 PM -- Reverend Quincy Shannon, representing himself, testified in support of the bill. Mr. Shannon discussed his experiences as a child, and his experience filming law enforcement.

04:56 PM -- Pastor Patrick Demmer, representing the Greater Metro Denver Ministerial Alliance, testified in support of the bill. Pastor Demmer discussed his experiences with law enforcement, including traffic stops and vehicle searches.

04:59 PM

Senator Carroll provided closing remarks on the bill and asked for the committee's support. Committee members discussed their positions of the bill.

05:09 PM

Committee members continued to discuss their positions on the bill.


BILL:	HB15-1288
TIME:	05:11:39 PM
MOVED:	Guzman
MOTION:	Refer House Bill 15-1288 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Cooke	No
	Guzman	Yes
	Merrifield	Yes
	Lundberg	No
	Roberts	No

YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1288
TIME:	05:12:17 PM
MOVED:	Lundberg
MOTION:	Postpone House Bill 15-1288 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed 3-2.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	No
	Merrifield	No
	Lundberg	Yes
	Roberts	Yes

Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:12 PM

The committee recessed.

05:23 PM -- SB15-283

Senator Roberts called the committee back to order. Senator Woods, 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 specifying the procedure for service of notice of exemption and pending levy in certain garnishment proceedings. Senator Woods explained specific provisions of the bill. At the sponsor's request, Senator Roberts called all four witnesses to testify together.

05:27 PM -- Mr. Guy Humphries, representing himself, testified in support of the bill. Mr. Humphries discussed the efforts by interested parties to come to an agreement on the bill. He also explained some provisions of the bill.

05:31 PM -- Mr. Thomas Mathowetz, representing himself, testified in support of the bill. He discussed certain exemptions in the bill related to a court case (the Idaho Pacificcase).

05:32 PM -- Mr. Randall Johannes, representing himself, testified in support of the bill. He discussed the notice of levy provision of the bill.

05:33 PM -- Mr. Charles Parnell, representing himself, testified in support of the bill. He further discussed certain exemptions in the bill.

The committee and the witnesses further discussed Idaho Pacificand exemptions under the bill. They also discussed situations involving independent contractors and other exemptions.

05:41 PM

Senator Woods provided closing remarks on the bill.


BILL:	SB15-283
TIME:	05:42:35 PM
MOVED:	Lundberg
MOTION:	Refer Senate Bill 15-283 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	Yes
	Merrifield	Yes
	Lundberg	Yes
	Roberts	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:43 PM -- HB15-1341

Senator Cooke, co-prime sponsor, presented House Bill 15-1341, concerning increasing the penalty from a class 6 felony to a class 5 felony for sexual exploitation of a child by possession of sexually exploitative material. Senator Cooke explained the provisions of the bill.

05:46 PM -- Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Hanuman discussed the penalties changed under the bill. In response to the committee, Mr. Hanuman discussed the reasons for the bill.

05:49 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. She stated reasons for supporting the bill.


BILL:	HB15-1341
TIME:	05:50:36 PM
MOVED:	Cooke
MOTION:	Refer House Bill 15-1341 to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	Yes
	Merrifield	Yes
	Lundberg	Yes
	Roberts	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:51 PM -- HB15-1327

Senator Garcia and Senator Cooke, co-prime sponsors, presented House Bill 15-1327, concerning limitations on proxy marriages. Senator Garcia discussed proxy marriages, generally, and current Colorado law concerning such marriages. Senator Garcia explained specific provisions of the bill. Senator Cooke stated that the bill would help reduce serious crimes, including human trafficking and national security issues. In response to a question, Senator Garcia clarified how the bill would change access to proxy marriages in Colorado.

05:56 PM -- Ms. Debra Johnson, representing the Colorado County Clerks Association, testified in support of the bill. Ms. Johnson addressed the issue of same-sex proxy marriage. She discussed specific incidents of proxy marriage.

05:59 PM -- Mr. Chuck Broerman, representing the Colorado County Clerks Association, testified in support of the bill. Mr. Broerman discussed reasons for supporting the bill, including discussing human trafficking concerns. He stated the reasons for allowing military officials to enter into proxy marriages.

In response to the committee, Ms. Johnson discussed private proxy marriage services.

06:02 PM

Senator Garcia provided closing remarks on the bill.


BILL:	HB15-1327
TIME:	06:02:34 PM
MOVED:	Cooke
MOTION:	Refer House Bill 15-1327 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	Yes
	Merrifield	Yes
	Lundberg	Yes
	Roberts	Yes

Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:03 PM -- HB15-1305

Senator Grantham and Senator Johnston, co-prime sponsors, presented House Bill 15-1305, concerning a prohibition on manufacturing marijuana concentrate in an unregulated environment using an inherently hazardous substance. Senator Grantham explained the bill and his reasons for supporting it.

06:07 PM -- Mr. David Pickett, representing the Wheat Ridge Police Department, the Colorado Association of Chiefs of Police, and the Colorado District Attorneys' Council, testified in support of the bill. Mr. Pickett provided materials to the committee (Attachment D). Mr. Pickett discussed an explosion that resulted from extraction prohibited by the bill.

15SenateJud0429AttachD.pdf

06:10 PM -- Mr. Jason Warf, representing the Southern Colorado Cannabis Council (SCCC), testified in opposition to the bill. Mr. Warf discussed SCCC's role in developing the bill. He stated that the process prohibited by the bill is protected by Amendment XX to the Colorado Constitution. Mr Warf discussed changes he would like made to the bill, and the enforceability of the bill. In response to the committee, Mr. Warf explained the extraction process prohibited by the bill. Senator Johnston stated that such manufacture can legally be done with a license. Senator Lundberg, Senator Johnston, and Mr. Warf discussed licensure. Senator Cooke and Mr. Warf discussed exemptions for certain methods of hash oil extraction, explosions that may result from certain extraction methods, and injuries resulting from hash oil extraction.

06:21 PM

Senator Guzman and Mr. Warf discussed the production of hash oil. The committee, sponsors, and Mr. Warf continued to discuss hash oil extraction, including safety concerns, and analogous laws and prohibition. They also discussed constitutional provisions regarding marijuana.

06:27 PM -- Ms. Mary Patrick, representing the Drug Policy Alliance, testified in opposition to the bill. Ms. Patrick stated that she supported the licensure requirement in the bill, but opposed classification of unlicensed manufacture as a felony.

06:31 PM -- Mr. Tyler Henson, representing the Colorado Cannabis Chamber of Commerce, testified in support of the bill. Mr. Henson stated that there are risks associated with butane extraction. He said that HB 15-1305 was a good public safety bill, and that people who perform hash oil extractions should be licensed. In response to Senator Merrifield, Mr. Henson discussed the availability of hash oil.

06:34 PM

Senator Johnston discussed sentencing for violations under the bill.

06:35 PM -- Ms. Belita Nelson, representing herself, testified in support of the bill. Ms. Nelson discussed her experience with medical marijuana and manufacturing hash oil. Ms. Nelson read testimony from Mr. John Locker.

06:39 PM

Senator Johnston discussed sentencing for drug felonies and felonies.

06:40 PM -- Mr. Jim Burack, representing the Colorado Department of Revenue, testified in support of the bill. Mr. Burack discussed licensing procedures and enforcement. He also discussed regulations related to marijuana.

06:43 PM -- Ms. Peg Ackerman, in place of Sheriff Justin Smith and representing the County Sheriffs of Colorado, testified in support of the bill. She stated support for the bill.

06:43 PM -- Captain Siegfried Klein, representing the Aurora Fire Department and the Colorado District Attorneys' Council, testified in support of the bill. Capt. Klein provided the committee with information regarding extraction incidents. Capt. Klein discussed extraction using butane.

06:47 PM -- Mr. Ronn Nixon, representing iComply, testified in opposition to the bill. Mr. Nixon discussed the health effects of certain extracts, and how the bill lessens the availability of certain extracts. He discussed the rise of a black market for such products. He also explained changes he would like made to the bill.

06:52 PM

Senator Johnston and provided closing remarks on the bill and Senator Grantham asked for the committee's support. Committee members discussed their positions on the bill. Senator Grantham responded.


BILL:	HB15-1305
TIME:	06:59:53 PM
MOVED:	Cooke
MOTION:	Refer House Bill 15-1305 to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	Yes
	Merrifield	Yes
	Lundberg	Yes
	Roberts	Yes

Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:01 PM -- HB15-1303

Senator Lundberg, sponsor, presented House Bill 15-1303, concerning eliminating the application of certain sentencing provisions to certain persons who are convicted of second degree assault. Senator Lundberg stated that the bill concerned offenses committed against peace officers, fire fighters, and emergency medical service providers, and he explained provisions of the bill.

07:05 PM -- Mr. Beale Tejada, representing himself, testified in support of the bill. Mr. Tejada discussed a specific incident of assault, and the legal process for the defendant in that case.

07:08 PM -- Mr. John Hall, representing himself, testified in support of the bill. Mr. Hall discussed his son's experience with law enforcement that resulted in an assault charge.

07:12 PM -- Mr. Dakota Randell, representing himself, testified in support of the bill. Mr. Randell discussed his experience with law enforcement that resulted in an assault charge against him. He discussed the effects of the charge and pleas that were discussed.

07:15 PM -- Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson stated that the bill does not change the punishment for serious bodily injury. She provided examples of cases that involved assaults covered by the bill.

07:19 PM -- Mr. Tony Lombard, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Lombard discussed amendments made by the House Judiciary Committee, and explained the bill as amended.

07:21 PM

Senator Lundberg provided closing remarks on the bill and asked for the committee's support. Senator Guzman and Senator Merrifield stated support for the bill.


BILL:	HB15-1303
TIME:	07:22:02 PM
MOVED:	Lundberg
MOTION:	Refer House Bill 15-1303 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	Yes
	Merrifield	Yes
	Lundberg	Yes
	Roberts	Yes

Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:22 PM

The committee recessed.

07:48 PM -- SB15-284

President Cadman and Senator Scheffel, co-prime sponsors, presented Senate Bill 15-284, concerning a requirement that the voters of a municipality approve payments made from tax collections into the special fund of an urban renewal authority for all urban renewal plans covering an urban renewal area that includes agricultural land in connection with the existing statutory obligation to obtain the consent of each public body that levies an ad valorem property tax on the agricultural land for which the allocation between base and increment tax revenues in accordance with the urban renewal plan has not taken effect as of May 7, 2015. President Cadman discussed prior legislation relating to agricultural land and urban redevelopment. President Cadman explained the background of the bill and his reasons for sponsoring SB 15-284. Senator Scheffel explained specific provisions of the bill, and provided background information on the bill. Senator Scheffel stated that the bill promotes transparency and brings certain actions into compliance with the Taxpayer's Bill of Rights.

08:01 PM -- Mr. Trey Rogers, representing the Coalition to Protect Our Agricultural Land, testified in support of the bill. Mr. Rogers discussed prior legislation related to blighting agricultural land. Mr. Rogers stated that the bill was not retroactive. He discussed a situation regarding a project in Aurora, Colorado (the Gaylord Project), including retroactivity and court cases. Mr. Rogers stated that the bill was good public policy. In response to a question, Mr. Rogers discussed the applicability of the bill to the Gaylord Project.

08:11 PM -- Mr. Nicholas Colglazier, representing the Colorado Farm Bureau, testified in support of the bill. Mr. Colglazier stated that agriculture land is rarely contributing to crime, and should not be designated as blighted.

08:13 PM -- Mr. Bruce Baker, representing himself, testified in support of the bill. Mr. Baker stated the bill is a good bill, but is not perfect. Mr. Baker discussed how urban renewal laws are used for economic development in Westminster, Colorado, and stated that it was a misuse of funds because it did not concern urban decay. He discussed the tax consequences of the action.

08:16 PM -- Mr. Dieter Raemdonck, representing the Coalition to Protect Our Agricultural Land, testified in support of the bill. Mr. Raemdonck read the testimony of others.

08:19 PM -- Aurora Mayor Steve Hogan testified in opposition to the bill. Mr. Hogan distributed a packet material to the committee (Attachment E). Mayor Hogan stated that the bill is in opposition to the positions of many groups, and runs counter to the concepts of representative democracy. He also discussed provisions of the bill that allow for lawsuits, and discussed the experience and testimony of prior witnesses. Mayor Hogan stated that the bill was a risk to the state.

15SenateJud0429AttachE.pdf

08:23 PM -- Mr. Chaz Tedesco, representing Adams County, testified in opposition to the bill. Mr. Tedesco spoke about the actions of Adams County, including collaboration. He stated that the county followed urban renewal authority rules and the rules should not be changed. He stated that the bill targets a specific project, and that other projects in the state are jeopardized by the bill.

08:26 PM -- Mr. Bill Holen, representing Arapahoe County, testified in opposition to the bill. Mr. Holen discussed the Gaylord Project, and stated that the bill was introduced to continue delay on the project. He also stated that the bill could be considered a restraint of trade, and is an affront to the competitive process. He further discussed the delay to the Gaylord Project.

08:30 PM -- Ms. Maja Rosenquist, representing Mortenson Construction, testified in opposition to the bill. Ms. Rosenquist discussed Mortenson Construction and its involvement with the Gaylord Project.

In response to a question, Mayor Hogan discussed the effect of the bill on the Gaylord Project and stated that prior lawsuits were filed to delay to the project.

08:35 PM -- Mr. Noah Silverman, representing Marriott International, testified in opposition to the bill. Mr. Silverman discussed the impact of the bill on the Gaylord Project. He further discussed the economic impact of the project, and the money invested.

08:37 PM -- Jason Monforton, representing J3 engineering, testified in opposition to the bill. Mr. Monforton discussed the investment in the Gaylord Project and stated that the bill would affect development on the Gaylord Project and elsewhere.

08:39 PM -- Mr. Ed Tauer, representing himself, testified in opposition to the bill. Mr. Tauer stated that the bill affects the Gaylord Project. He also discussed the project, including intergovernmental agreements.

08:41 PM -- Ms. Barbara Cleland, representing the City of Aurora, testified in opposition to the bill. Ms. Cleland discussed collaboration between the City of Denver and the City of Aurora. She also discussed taxes that benefit Denver, and stated that the bill was aimed at Aurora.

In response to the committee, Mr. Tauer provided information on the intergovernmental collaboration and the status of the Gaylord Project.

08:47 PM -- Mr. Bob Roth, representing the City of Aurora, testified in opposition to the bill. He stated that the bill is unconstitutional because it is retroactive and a government interference in contracts. He stated that the bill will affect business in Colorado because it shows that rules can be changed at any time. He said that the bill is designed to shut down the Gaylord Project and would do so.

08:49 PM -- Ms. Renie Peterson, representing the City of Aurora, testified in opposition to the bill. She discussed the district for which she is ward, which includes the Gaylord Project. She stated that requiring voting on urban renewal projects should not be voted on because it would cause delays that would prevent projects. She also stated the benefits of the Gaylord Project for Aurora.

08:52 PM -- Mr. Kevin Hougen, representing the Aurora Chamber of Commerce, testified in opposition to the bill. Mr. Hougen stated that the bill is anti-business, and that other area hotels are attempting to undermine the Gaylord Project. He further discussed the effect of the bill on business.

08:54 PM -- Mr. Matt Hopper, representing himself, testified in opposition to the bill. Mr. Hopper stated concern that the bill attacks the Gaylord Project. He discussed the retroactivity of the bill.

08:58 PM -- Mr. Ed Zebrowski, representing Starwood CPG, testified in opposition to the bill. Mr. Zabrowski discussed prior legislation relating to procedures for urban renewal projects.

08:59 PM -- Mr. Bill Kyriagis, representing Otten Johnson, testified in opposition to the bill. Mr. Kyriagis stated that the bill is not good for business and job creation because it would eliminate financial incentives that encourage jobs and development. He stated that approval from various agencies is already required to use incentives and the the bill would cause delay.

09:01 PM -- Mr. Gian Gandolfo, representing Visit Aurora and HGI Denver Airport, testified in opposition to the bill. Mr. Gandolfo discussed competition among hotels, and stated that he believes in the free market. He stated that all hotels should adapt to competition.

09:03 PM -- Mr. Anthony Edgett, representing J3 Engineering, testified in opposition to the bill. Mr. Edgett discussed the Gaylord Project.

09:05 PM -- Mr. Jeff Wasden, representing the Colorado Business Round Table, testified in opposition to the bill. Mr. Wadsen discussed the Gaylord Project, and said that the project followed the rules as they exist.

09:08 PM -- Ms. Donna Barrendine, representing J3 Engineering, testified in opposition to the bill, and asked that Mr. Jason Madgraf be called to testify.

09:09 PM -- Mr. Jason Madgraf, representing J3 Engineering, testified in opposition to the bill. Mr. Madgraf discussed J3's involvement with the Gaylord Project. He discussed the project's benefits for J3 Engineering and the city. He stated that he does not understand any benefits of the bill.

09:11 PM -- Mr. David Borys, representing J3 Engineering, testified in opposition to the bill. Mr. Borys discussed moving to Colorado, and stated that the bill impedes progress. He said that the Gaylord Rockies Hotel would benefit the region.

09:13 PM -- Mr. Travis Bradley representing J3 Engineering and himself, testified in opposition to the bill. Mr. Bradley discussed current law and prior legislation, and stated that the existing law helped Colorado use the open land. He also discussed prior testimony.

09:15 PM

Ms. Barrendine discussed future development associated with the Gaylord Project.

In response to a question, Mr. Madgraf discussed why he considers the bill retroactive.

09:19 PM -- Mr. Vince Neale, representing Woolley's Classic Suites, testified in opposition to the bill. Mr. Neal discussed the Gaylord Project, including the economic effect of the project.

09:21 PM -- Mr. Brett Sisco, representing Mortenson Construction, testified in opposition to the bill. Mr. Sisco discussed his reasons for moving to Colorado, and the effect the bill has on his work and various workers involved with the Gaylord Project.

09:23 PM -- Mr. Michael Watt, representing Fairfield Inn, testified in opposition to the bill. Mr. Watt discussed the benefits of the Gaylord Project. Mr. Watt stated the effects of the bill on business.

09:25 PM -- Mr. Ken Cecil, representing J3 Engineering, testified in opposition to the bill. Mr. Cecil discussed the benefits of the Gaylord Project, including capital improvements made in connection with the project.

In response to a question, Mr. Watt stated he did not understand the intent of the bill. Mr. Sisco discussed the status of the Gaylord Project. Mr. Watt discussed the number of jobs created by the Gaylord Project. Mr. Neal commented. Mr. Cecil discussed the number of people employed by J3 Engineering working on the Gaylord Project; Mr. Sisco discussed the people currently working on the project.

09:32 PM -- Mr. Jason Miller, representing Mortenson Construction, testified in opposition to the bill. Mr. Miller discussed his involvement in the Gaylord Project, including the status of the project. He also talked about enthusiasm he has seen for the Gaylord Project.

09:34 PM -- Mr. Robert Woolley, representing Woolley's Classic Suites, testified in opposition to the bill. He discussed the Gaylord Project, jobs associated with the project, and the retroactivity of the bill.

09:36 PM -- Mr. Jess Briley, representing Woolley's Classic Suites, testified in opposition to the bill. Mr. Briley discussed competition among hotels.

09:37 PM -- Ms. Katie Karpovage, representing Starwood CPG, testified in opposition to the bill. Ms. Karpovage discussed urban renewal and taxes.

09:39 PM -- Mr. Daniel Lynch, representing Kutak Rock, testified in opposition to the bill. Mr. Lynch discussed his involvement in the Gaylord Project. He stated that the issue is whether laws can be changed after a project has begun. He explained that there were issues with the bill, including the constitutionality of the bill.

09:42 PM -- Mr. Arnold Rivera, Jr., representing himself, testified in opposition to the bill. Mr. Rivera stated that, as an electrician, he would benefit from the Gaylord Project.

09:43 PM -- Mr. Terry Johnson, representing himself, testified in opposition to the bill. Mr. Johnson stated that, as an electrician, he would benefit from the Gaylord Project. He stated that the project would bring both short- and long-term jobs. He discussed competition between hotels.

09:44 PM -- Mr. Kyle Roman, representing Intermountain Electric, testified in opposition to the bill. He stated that the bill negatively affects the Gaylord Project, which would attract people to the state. He also discussed the number of workers associated with the Gaylord Project.

09:47 PM

Senator Lundberg and Mr. Lynch discussed legal issues associated with the Gaylord Project, including urban renewal projects, generally. Mr. Lynch also discussed the prior drafts of the bill, including what he considers objectionable provisions of the bill. He also discussed the cost of the project for taxpayers.

09:57 PM

Senator Lundberg commented on the bill. Senator Merrifield commented on the Gaylord Project. Mr. Lynch responded.

10:03 PM -- Mr. Tom Clark, representing the Economic Development Council of Colorado, testified in opposition to the bill. Mr. Clark discussed rural economic development.

10:05 PM -- Mr. Rod Bockenfield, representing Arapahoe County, testified in opposition to the bill. Mr. Bockenfield discussed the effect the bill has on the Gaylord Project and other projects in Colorado.

10:07 PM -- Mr. Dan Mickelberry, representing Mortenson Construction, testified in opposition to the bill.

10:08 PM

The committee recessed.

10:25 PM

The committee returned to order.

10:26 PM -- Mr. Morgan Cullen, representing Accelerate Colorado, testified in opposition to the bill. Mr. Cullen discussed the Gaylord Project, and the effect of SB 15-284 on business.

10:29 PM -- Mr. Kevin Bommer, representing the Colorado Municipal League (CML), testified in opposition to the bill. Mr. Bommer distributed written materials to the committee (Attachment F). Mr. Bommer discussed CML's position on prior legislation and the effect of SB 15-284 on local governments. He stated that he believes the bill has a retroactive effect, and that such retroactivity is not fair.

15SenateJud0429AttachF.pdf

10:31 PM -- Ms. Nancy Kristof, representing Mortenson Construction, testified in opposition to the bill. Ms. Kristof stated that the design and construction industry is coming out of a recession and passing SB 15-284 would send a bad message to businesses.

10:32 PM -- Mr. Gil Reyes, representing himself, testified in opposition to the bill. Mr. Reyes stated he was the former Adams County Assessor, and discussed land assessments relating to the Gaylord Project. He described the land used for the Gaylord Project, including compliance with rules and regulations for actions taken related to the project.

In response to a question, Mr. Reyes explained how companies become vested in projects. Mr. Bommer discussed retroactivity of the bill. Mr. Reyes discussed his role in planning the development of the land used for the Gaylord Project.

10:41 PM

The committee and Mr. Reyes continued to discuss land valuation and staffing at the Gaylord Project. Mr. Bommer commented on land valuation.

10:48 PM -- Kathie Barstnar, representing NAIOP Colorado, the commercial real estate development association, testified in opposition to the bill. Ms. Barstnar discussed prior legislation and current law concerning blight.

10:51 PM -- Mr. Michael Hyman, representing the City of Aurora, testified in opposition to the bill. Mr. Hyman discussed Mr. Rogers' qualifications. Mr. Hyman stated that SB 15-284 is ambiguous.

10:53 PM -- Mr. Richard Westfall, representing Hale Westfall, testified in opposition to the bill. Mr. Westfall discussed the retroactivity of the bill and how rights are vested.

10:55 PM -- Mr. Tom Tobiassen, representing himself, testified in opposition to the bill. Mr. Tobiassen discussed development of Regional Transportation District (RTD) land in Aurora.

10:58 PM -- Mr. Mark Latimer, representing Associated General Contractors, Camp C, Building Jobs for Colorado, and the Rocky Mountain chapter of Associated Builders and Contractors, testified in opposition to the bill. Mr. Latimer stated that the bill could be amended so that it is clear that it does not impact the Gaylord Project, and that the bill affects a lot of projects in Colorado.

11:00 PM -- Mr. Brad Pierce, representing the City of Aurora, testified in opposition to the bill. Mr. Pierce discussed the Gaylord Project.

11:01 PM -- Mr. Tom Snyder, representing Kutak Rock, testified in opposition to the bill. Mr. Snyder discussed lawsuits against Aurora. Mr. Snyder discussed proponents of the bill.

11:03 PM -- Mr. Shawn Bailey, representing Intermountain Electric, testified in opposition to the bill. Mr. Bailey stated that the Gaylord Project provides jobs for electricians, and that he believes the bill does not protect agricultural land.

11:06 PM -- Mr. David Patterson, representing himself, testified in opposition to the bill. Mr. Patterson discussed the economic impact of the Gaylord Project. He stated that the Gaylord Project would benefit all of Colorado, and that interfering with the project would damage Colorado.

11:08 PM -- Mr. Ira Mitzner, representing Rida Development, testified in opposition to the bill. Mr. Mitzner discussed his family and Rida Development's role in the Gaylord Project.

11:12 PM -- Ms. Rita Connerly, representing Rida Development, testified in opposition to the bill. Ms. Connerly discussed employment associated with the Gaylord Project, and the status of construction on the project. She also discussed vested rights, retroactivity, and property rights. In response to a question, Ms. Connerly estimated that money would not go into a special urban renewal fund until April 2016.

11:16 PM

Mr. Trey Rogers returned to respond to prior witness testimony. He discussed land valuation, court decisions concerning retroactive laws, blighting of agriculture land, and court decisions relating to the Gaylord Project. In response to committee questions, Mr. Rogers said he litigated against Gaylord in court, discussed other projects in Colorado, and discussed valuation of property. Senator Merrifield and Mr. Rogers discussed the May 7, 2015, date in the bill. President Cadman discussed the introduction of the bill.

11:25 PM

President Cadman provided closing remarks on the bill. He discussed the position of the sponsor of prior related legislation, and his reasons for sponsoring the bill.

11:31 PM

Senator Scheffel provided closing remarks on the bill. In response to a question, Senator Scheffel discussed terminology in the bill.

11:41 PM

Senator Merrifield distributed amendment L.001 (Attachment G) and L.002 (Attachment H). Senator Merrifield explained amendment L.001. President Cadman commented on the amendment.

15SenateJud0429AttachG.pdf

15SenateJud0429AttachH.pdf


BILL:	SB15-284
TIME:	11:45:05 PM
MOVED:	Merrifield
MOTION:	Adopt amendment L.001 (attachment G). The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Cooke	No
	Guzman	Yes
	Merrifield	Yes
	Lundberg	No
	Roberts	No

YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL

Senator Merrifield explained amendment L.002. Senator Scheffel, Senator Merrifield, and President Cadman discussed the amendment. Discussion ensued concerning whether the amendment fit under the bill title, but no ruling was made. Senator Merrifield asked the committee to support the amendment.


BILL:	SB15-284
TIME:	11:52:08 PM
MOVED:	Merrifield
MOTION:	Adopt amendment L.002 (attachment H). The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Cooke	No
	Guzman	Yes
	Merrifield	Yes
	Lundberg	No
	Roberts	No

YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL

Committee members discussed their positions on the bill.


BILL:	SB15-284
TIME:	11:56:57 PM
MOVED:	Lundberg
MOTION:	Refer Senate Bill 15-284 to the Committee of the Whole. The motion passed on a vote of 4-1.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	Yes
	Merrifield	No
	Lundberg	Yes
	Roberts	Yes

Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:57 PM

The committee adjourned.