Bill Summary for Bill Number HB15-1282

Date: 04/14/2015

Final
BILL SUMMARY for HB15-1282

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt amendment L.004 (Attachment G). The motion p Refer House Bill 15-1282, as amended, to the Commi	PASS PASS

03:58 PM -- HB15-1282

Representative Saine, prime sponsor, presented House Bill 15-1282, concerning the creation of crimes involving deception about material information in connection with the preparation of birth certificates. Committee members received a fact sheet in support of the bill (Attachment E). Representative Saine explained the effect of the bill and discussed its need. Representative Saine responded to questions regarding the information that may not be omitted from a birth certificate under the bill, and the penalties associated with providing misleading information on a birth certificate under current law. Discussion ensued regarding some potential forthcoming amendments to the bill.

15HouseJud0414(PM)AttachE.pdf

04:11 PM

The following persons testified regarding HB 15-1282:

04:11 PM -- Ms. Melissa Maile, representing Catholic Charities, testified in opposition to the bill. Ms. Maile explained that the bill may not be necessary, and may subject certain persons working in the child placement field to criminal charges. Ms. Maile explained that certain stakeholders did not read the bill before its introduction, and asked that stakeholders be allowed to work on the issue. Ms. Adrienne Elliott, representing Adoption Options, testified in opposition to the bill. Ms. Elliott discussed the human trafficking element of the bill, and certain potential unintended consequences of the bill. Ms. Elliott expressed disappointment that adoption agencies were not asked to participate in the drafting of the bill. Ms. Elliott responded to questions regarding the inability of mothers to avoid placing certain information on birth certificates under the bill, and the impact of the bill on the ability to amend birth certificates.

04:24 PM

Discussion ensued regarding the potential for amending the bill to make it more palatable for the two witnesses, and the ability of a mother to amend a birth certificate under the bill. In response to committee questions, Ms. Maile and Ms. Elliott discussed the adoption approval process, including reasons for denying an adopting family, human trafficking and adoption, and how and why people choose to include certain information on birth certificates.

04:34 PM

The committee and Ms. Maile and Ms. Elliott continued discussing decisions relating to placing certain information on birth certificates.

04:35 PM -- Ms. Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in opposition to the bill. Ms. Waligorski discussed an increase in domestic violence during pregnancy, and stated that it may lead to harm if mothers are required to place certain information on birth certificates. In response to committee questions, Ms. Waligorski clarified her testimony regarding the types of information that mothers are pressured into providing at a hospital, which may cause issues for victims of potential violence.

04:40 PM -- Mr. John Mann, representing himself, testified in opposition to the bill. Mr. Mann related the disposition of his birth certificate when he was given up for adoption, and the resulting impact on his life.

04:45 PM -- Ms. Denise Maes, representing the American Civil Liberties Union, testified in opposition to the bill. Ms. Maes explained some unintended consequences that may result from the bill's passage. Ms. Maes responded to questions regarding her position on a potential amendment to the bill. Ms. Maes responded to further questions regarding a hypothetical forgery situation that may obviate the need for the bill. Representative Saine provided input on this issue.

04:53 PM -- Mr. Rich Uhrlaub, representing Adoptees in Search, testified in support of the bill. Mr. Uhrlaub explained that some mothers are coached to omit the names of birth fathers on birth certificates for adoption purposes, and noted some organizations supporting the bill. Mr. Uhrlaub said that severing knowledge of one's parents is an issue, and explained the importance of providing accurate information on birth records. Mr. Uhrlaub responded to questions regarding circumstances under which mothers are coached to not offer the names of birth fathers, and explained how naming a father on a birth certificate makes adoption easier. Discussion ensued regarding the element of domestic violence in falsifying birth certificate information, and the potential impact of the bill on mothers who are in the country illegally.

05:06 PM

Discussion continued regarding the potential ramifications of the bill with regard to children born to those in the country illegally.

05:07 PM -- Ms. Meg Paccione, representing the Parenting and Fatherhood Center, testified in support of the bill. Ms. Paccione discussed the impact of not listing a father's name on a birth certificate, and cited some examples of this impact. Ms. Paccione responded to questions regarding the definition of "material information" in the bill. Representative Saine provided input on this issue.

05:13 PM -- Mr. Ray Washington, representing himself, and Jefferson and El Paso County Child Support Services, and Mr. Littlejohn, testified in support of the bill. Mr. Washington explained that Mr. Littlejohn's daughter's birth certificate was not complete, and discussed the impact of the omissions. Mr. Washington explained how HB 15-1282, had it been passed earlier, might have ameliorated the situation. Mr. Washington explained why Mr. Littlejohn's name was omitted from his daughter's birth certificate, and explained the difference between a biological father and a psychological father. Mr. Washington responded to questions regarding how HB 15-1282 might help rectify situations similar to those experienced by Mr. Littlejohn.

05:21 PM -- Mr. James Cleeh, representing himself, testified in support of the bill. Mr. Cleeh explained how the information on his birth certificate was incorrect, and discussed the impact this had on his life.

05:24 PM -- Ms. Samantha Jadin, representing herself, testified in support of the bill. Committee members received a flyer supporting the bill (Attachment F). Ms. Jadin explained that she was subject to an illegal adoption, since her father never relinquished his parental rights, and discussed the impact of this situation. Ms. Jadin noted a class action lawsuit involving the omission of the names of fathers on birth certificates. Ms. Jadin explained that the names of fictitious fathers may legally be placed on birth certificates in Colorado. Ms. Jadin responded to questions regarding her assertion that the purpose of the bill is to reunite fathers and children. Discussion ensued regarding the impact of the bill on requiring the inclusion of a father's information on a birth certificate. Discussion followed regarding some potential amendments to the bill.

15HouseJud0414(PM)AttachF.pdf

05:34 PM -- Ms. Paula Bard, representing herself, testified in support of the bill. Ms. Bard discussed the information that was included on her son's birth certificate, and the impact of this situation on her son. Ms. Bard read a statement from her son. Ms. Bard responded to questions regarding her son's efforts to find his biological parents, and the balancing of anonymity for parents who give children up for adoption with a child's desire to know of his or her parents. Discussion ensued regarding the effect of the bill.

05:46 PM -- Ms. Kathy Aderhold, representing herself, testified in support of the bill. Ms. Aderhold discussed the surrendering of her daughter for adoption, and the information she provided for the birth certificate. Ms. Aderhold discussed subsequent events, including her career and relationship with the daughter she put up for adoption, and recommendations that adoption agencies have historically given to mothers in the area of providing birth certificate information.

05:51 PM -- Ms. Kathy Thayer, representing Catholic Charities, testified in opposition of the bill. Ms. Thayer clarified practices observed by adoption agencies today as compared to past practices, and addressed other issues raised during earlier testimony. Mr. Benjamin Waters, representing Fostering Colorado, testified in opposition of the bill. Mr. Waters discussed previous legislative efforts in the area of birth certificates, and explained that the bill will not address the issues raised during previous testimony. Discussion ensued regarding the nexus of human trafficking issues with birth certificate falsification, and current practices observed by adoption agencies in gathering birth certificate information from mothers.

06:00 PM

The committee recessed.

06:03 PM

The committee returned to order. Representative Kagan explained the effect of prepared amendment L.004 (Attachment G). Discussion ensued regarding the merits of the amendment. Discussion followed regarding the potential for further amending the bill to address certain concerns. Ms. Debbie Haskins, representing the Office of Legislative Legal Services, provided input on how to address these concerns. Representative Saine responded to questions regarding the intent and effect of the bill and amendment L.004.

15HouseJud0414(PM)AttachG.pdf


BILL:	HB15-1282
TIME:	06:05:28 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.004 (Attachment G). The motion passed on a vote of 13-0.
SECONDED:	Court
		VOTE
	Buckner	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

YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB15-1282
TIME:	06:20:08 PM
MOVED:	Court
MOTION:	Refer House Bill 15-1282, as amended, to the Committee of the Whole. The motion passed on a vote of 11-2.
SECONDED:	Lawrence
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	No
	Salazar	No
	Van Winkle	Yes
	Willett	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS