House Committee on Judiciary (02/19/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	02/19/2015	ATTENDANCE

Time:	01:33 PM to 06:06 PM	Buckner	X
		Carver	X
Place:	HCR 0112	Court	X
		Dore	X
This Meeting was called to order by		Foote	X
	Representative Kagan	Lawrence	*
		Lundeen	X
This Report was prepared by		Pettersen	X
	Bo Pogue	Salazar	*
		Van Winkle	X
		Willett	*
		Lee	X
		Kagan	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB15-1185 HB15-1164 HB15-1172 HB15-1189 HB15-1198		Postponed Indefinitely Referred to the Committee of the Whole Postponed Indefinitely Witness Testimony and/or Committee Discussion Only Amended, Referred to the Committee of the Whole

01:34 PM -- HB15-1185

The committee was called to order. A quorum was present. Representative Kagan discussed the format for the day's proceedings. Representative Conti, prime sponsor, presented House Bill 15-1185, concerning sentencing of second offenses of sexual exploitation of a child. Representative Conti explained the issues addressed by the bill, and explained why she was asking for the bill to be postponed indefinitely. Discussion ensued on this request.


BILL:	HB15-1185
TIME:	01:40:50 PM
MOVED:	Van Winkle
MOTION:	Postpone House Bill 15-1185 indefinitely. The motion passed on a vote of 11-1.
SECONDED:	Lee
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	No
	Salazar	Absent
	Van Winkle	Yes
	Willett	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 11 NO: 1 EXC: 0 ABS: 1 FINAL ACTION: PASS

01:41 PM -- HB15-1164

Representative Pettersen, prime sponsor, presented House Bill 15-1164, concerning the postponement of jury service for a person who is breast-feeding a child. Representative Pettersen explained the effect of the bill and discussed its need.

01:46 PM

The following persons testified regarding House Bill 15-164:

01:46 PM -- Ms. Tammy Lantz, representing the Colorado Breastfeeding Coalition, testified in support of the bill. Ms. Lantz discussed the benefits of breast-feeding, and the benefits of allowing women to postpone jury duty during breast-feeding years. Ms. Lantz responded to questions about the deferral contained in the bill. Ms. Lantz noted that she had written testimony from additional persons supporting the bill.

01:49 PM -- Ms. Sara Dale-Bley, representing the Colorado Breastfeeding Coalition, testified in support of the bill. Ms. Dale-Bley dispelled some common misconceptions about infant feeding.

01:51 PM -- Ms. Bridget Kaminetsky, representing 9 to 5 and herself, testified in support of the bill. Ms. Kaminetsky recounted her summonsing for jury duty during the period she was nursing her infant, and discussed the position of the court on the matter.

01:54 PM

No amendments were offered to HB 15-1164. Representative Pettersen provided closing remarks in support of the bill. Representative Willett provided his position on the bill.


BILL:	HB15-1164
TIME:	01:55:16 PM
MOVED:	Pettersen
MOTION:	Refer House Bill 15-1164 to the Committee of the Whole. The motion passed on a vote of 11-1.
SECONDED:	Salazar
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Excused
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	No
	Lee	Yes
	Kagan	Yes

Final YES: 11 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:57 PM -- HB15-1172

Representative DelGrosso, prime sponsor, presented House Bill 15-1172, concerning the elimination of punitive damage awards in employment discrimination cases filed under state law. Representative DelGrosso explained the effect of the bill, and discussed its need. Representative DelGrosso responded to questions regarding the scope of the problem he is seeking to rectify, and the capping of employment discrimination lawsuit awards by current law. Discussion ensued regarding the legal thresholds that must be cleared to levy punitive damages in employment discrimination cases.

02:10 PM

Discussion returned to the number of cases filed in Colorado involving punitive damages levied against certain small employers, and the effect of the bill on legislation passed by the General Assembly in 2013. Discussion followed regarding the potential for preventing frivolous employment discrimination lawsuits. Discussion returned to the threshold for qualifying for punitive damages in an employment discrimination cases, and the potential effect of punitive damages on an employer.

02:21 PM

Discussion returned to the ability to prevent frivolous employment discrimination lawsuits. The following persons testified regarding HB 15-1172:

02:23 PM -- Ms. Erin Bennett, representing 9 to 5, testified in opposition to the bill. Ms. Bennett discussed the types of employment discrimination cases encountered by 9 to 5, and noted the effect of punitive damage laws for employment discrimination in other states. Ms. Bennett discussed the circumstances involved in employment discrimination cases that include punitive damage awards.

02:27 PM -- Mr. Mizraim Cordero, representing the Colorado Competitive Council, testified in support of the bill. Mr. Cordero compared the relative punitiveness of employment discrimination cases in Colorado as compared to other states, and discussed the potential damage that punitive damage laws can cause to employers. Mr. Cordero responded to questions regarding the potential impact of Colorado's punitive damage law for employment discrimination on the state's economy, and the ability of employers to insure against employment discrimination cases. Discussion ensued regarding Colorado's punitive damage caps for employment discrimination cases as compared to other states, and the intent behind levying punitive damages in such cases. Mr. Cordero responded to questions regarding his organization's efforts to educate employers about employment discrimination, and the complexity of Colorado's employment discrimination laws as compared to other states. Discussion followed regarding the scope of punitive damage laws for employment discrimination in Colorado.

02:42 PM -- Mr. Arash Jahanian, representing the Colorado Bar Association, testified in opposition to the bill. Mr. Jahanian discussed the nature and purpose of punitive damage laws, and explained that punitive damage laws passed by the General Assembly in 2013 brought this area of law into harmony with federal standards.

02:46 PM -- Mr. Tony Gagliardi, representing the National Federation of Independent Business, testified in support of HB 15-1172. Mr. Gagliardi noted that Congress exempted certain small businesses when crafting federal anti-discrimination laws, and addressed issues raised during earlier testimony. Mr. Gagliardi discussed the impact punitive damages for employment discrimination cases may have on employers. Mr. Gagliardi responded to questions regarding the potential for making equal private and public employer liability for punitive damages based on discrimination. Discussion ensued regarding the costs employers face when litigating an employment discrimination suit, and the incentives for settling such a suit. Mr. Gagliardi responded to questions regarding the costs to file a lawsuit, and trends in the number of business start-ups in Colorado.

02:57 PM -- Ms. Dawn Howard, representing the Colorado Cross-Disability Coalition, testified in opposition to the bill. Ms. Howard discussed the employment discrimination she has faced based upon her disability, and the importance of upholding discrimination law.

03:00 PM -- Mr. Jim Noon, representing Centennial Container, testified in support of the bill. Mr. Noon discussed the potential impact of an employment discrimination suit on a small business. Mr. Noon responded to questions regarding his use of the word "discrimination" in reference to hiring practices, and the impact of employment discrimination legislation that recently went into effect on the number of suits filed on this basis. Mr. Noon responded to a question regarding the threshold for filing an employment discrimination lawsuit.

03:12 PM -- Ms. Christina Johnson, representing the Colorado Cross-Disability Coalition and Atlantis, testified in opposition to the bill. Ms. Johnson discussed the discrimination she has faced based on her disability, and spoke against the removal of rights to compensation. Discussion ensued regarding the potential for frivolous claims to be made in any compensatory situation, and the balancing of punishment for egregious discrimination with the potential for frivolous lawsuits.

03:17 PM -- Mr. Stacy Campbell, representing the Colorado Association of Commerce and Industry, testified in support of the bill. Mr. Campbell discussed the cost of litigation, and the issues employers face in litigating employment discrimination cases. Mr. Campbell explained how attorneys are compensated for taking up employment discrimination cases on the part of plaintiffs. Discussion ensued regarding the intent element in a discrimination claim, and the thresholds for making an employment discrimination claim.

03:26 PM -- Mr. Justin Plaskov, testifying in place of Brian Moore of the Plaintiff Employment Lawyers Association, testified in opposition to the bill. Mr. Plaskov discussed an employment discrimination case he recently litigated. He also discussed the merits of allowing courts to assess punitive damages in such cases.

03:31 PM -- Mr. Charles Ward, representing the Denver Metro Chamber of Commerce, testified in support of the bill. Mr. Ward compared Colorado's employment discrimination laws to those of other states, and discussed the impacts of punitive damages on small businesses.

03:34 PM -- Ms. Mary Jo Lowrey, representing the Colorado Women's Bar Association, testified in opposition to bill. Ms. Lowrey discussed an ongoing employment discrimination case that will probably result in low a compensatory award, and the need for punitive damages in such cases to punish egregious behavior. Ms. Lowrey responded to questions regarding how attorneys decide to take on employment discrimination cases, and the compensation they receive.

03:40 PM -- Ms. Susan Cirocki, representing herself, testified in support of HB 15-1172. Ms. Cirocki discussed the fear instilled in small businesses about employer lawsuits, and the costs associated with such litigation. She discussed the potential for frivolous lawsuits to be filed against a small employer, and risks faced by small business owners.

03:44 PM -- Mr. Al Koger, representing the NAACP, testified in opposition to the bill. Mr. Koger discussed privileged groups that are unwilling to forfeit power, and attempts to advance civil rights.

03:49 PM -- Mr. Jeff Ruebel, representing the Colorado Defense Lawyers Association, testified in support of the bill. Mr. Ruebel explained why employers choose to settle certain employment lawsuits rather than litigate them. He explained why the current punitive damage laws for employment discrimination are different than punitive damage provisions in other areas of law.

03:52 PM -- Ms. Rachel Ellis, representing the Plaintiff Employment Lawyers Association, testified in opposition to HB 15-1172. Ms. Ellis responded to questions and assertions raised during earlier testimony. Ms. Ellis responded to questions regarding an increase in the number of plaintiff lawyer advertisements after the passage of employment discrimination legislation in 2013.

03:57 PM -- Mr. Rich Jones, representing the Bell Policy Center, testified in opposition to the bill. Mr. Jones discussed research undertaken by his firm concerning the effect of employment discrimination laws on lawsuit filings and regional economic conditions. Mr. Jones responded to questions regarding the fears expressed by small business owners during previous testimony, and the effect of punitive damage laws on these business owners.

04:03 PM

No amendments were offered to HB 15-1172. Representative DelGrosso provided closing remarks in support of the bill. Various committee members expressed their positions on the bill.


BILL:	HB15-1172
TIME:	04:12:16 PM
MOVED:	Lawrence
MOTION:	Refer House Bill 15-1172 to the Committee of the Whole. The motion failed on a vote of 6-7.
SECONDED:	Van Winkle
		VOTE
	Buckner	No
	Carver	Yes
	Court	No
	Dore	Yes
	Foote	No
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	No
	Salazar	No
	Van Winkle	Yes
	Willett	Yes
	Lee	No
	Kagan	No

YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1172
TIME:	04:16:44 PM
MOVED:	Kagan
MOTION:	Postpone House Bill 15-1172 indefinitely. The motion passed on a vote of 7-6.
SECONDED:	Salazar
		VOTE
	Buckner	Yes
	Carver	No
	Court	Yes
	Dore	No
	Foote	Yes
	Lawrence	No
	Lundeen	No
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	No
	Willett	No
	Lee	Yes
	Kagan	Yes

Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:17 PM -- HB15-1189

The committee recessed.

04:31 PM

The committee returned to order. Representative Keyser, prime sponsor, presented House Bill 15-1189, concerning the "Colorado Uniform Fiduciary Access to Digital Assets Act." Representative Keyser provided background on the Colorado Commission on Uniform State Laws. Representative Keyser explained the effect of the bill. The following persons testified regarding the bill:

04:38 PM -- Ms. Anne McGihon, representing the Colorado Commission on Uniform State Laws, testified in support of the bill. Ms. McGihon discussed the role of the commission and the process by which bill was crafted. She provided an overview of the bill. Ms. McGihon responded to questions regarding the number of states that have adopted the Uniform Fiduciary Access to Digital Assets Act. Ms. McGihon responded to questions regarding how the Colorado Commission on Uniform State Laws commissioners are appointed.

04:47 PM

The committee recessed.

04:58 PM

The committee returned to order. Mr. Stan Kent, representing the Colorado Commission on Uniform State Laws, testified in support of the bill. Mr. Kent provided background on modern asset handling, and further explained the effect of the bill. Mr. Kent clarified how information disseminated electronically is handled under the bill for privacy purposes, and the benefits of making declarations in a will about how to treat electronic communications once deceased.

05:16 PM

Discussion ensued regarding the scope of the bill in terms of electronic communications, particularly communications made during employment. Mr. Kent responded to questions regarding the ability of the executor of a decedent's will to access the contents of a decedent's electronic communications under the bill. Mr. Kent further clarified which electronic communications an agent or executor may access under the bill. Mr. Kent responded to questions about cross-state access of electronic communications under the bill, and the storage of digital assets under the bill. Discussion followed regarding federal preemption of access to digital assets under certain circumstances.

05:27 PM -- Ms. Mary Marchun and Ms. Melanie Layton, representing the Independent Bankers and the Colorado Bankers Association, expressed concerns about the bill. Ms. Layton requested additional time to work on the bill to address questions raised by stakeholders. Ms. Marchun responded to questions regarding these concerns. Discussion ensued regarding some potential forthcoming amendments to the bill, and the amount of time the bill has been available to the concerned parties. Discussion followed regarding the potential impact of amending the bill on its uniformity with other similar state laws.

05:36 PM

Ms. McGihon returned to address the concerns of and claims made by Ms. Marchun and Ms. Layton. Mr. Kent returned to discuss the stakeholders involved in crafting HB 15-1189.

05:40 PM

Representative Kagan laid over HB 15-1189.

05:40 PM -- HB15-1198

Representative Foote, prime sponsor, presented House Bill 15-1198, concerning enactment of the 2008 amendments to the "Uniform Interstate Family Support Act." Representative Foote provided background on the Uniform Interstate Family Support Act and other legislation concerning child support, and explained the effect of the bill. Representative Foote responded to questions regarding international child support orders under the bill. The following person testified regarding the bill:

05:46 PM -- Ms. Jeanette Savoy, representing the Office of Child Support Services, made herself available to answer questions about the bill. Ms. Savoy addressed the questions fielded earlier by Representative Foote. Ms. Savoy noted that the bill must be passed verbatim, and responded to questions regarding a forthcoming amendment. Ms. Savoy responded to questions regarding due process issues associated with international child support orders under the bill. Discussion ensued regarding the deadline for adopting the bill to satisfy the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. Discussion returned to the issue of due process under the international agreement.

05:57 PM

Ms. Savoy responded to questions regarding the applicability of the bill to armed forces personnel, particularly those serving overseas. Discussion ensued regarding the process of crafting uniform legislation in conjunction with the Hague Convention. Ms. Savoy discussed the financial ramifications of not passing HB 15-1198.

06:02 PM

Representative Foote explained the effect of prepared amendment L.002 (Attachment A).

15HouseJud0219AttachA.pdf


BILL:	HB15-1198
TIME:	06:03:07 PM
MOVED:	Foote
MOTION:	Adopt amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:	Court
		VOTE
	Buckner
	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

06:03 PM

Representative Foote responded to questions regarding opposition to HB 15-1198. Various committee members provided input on the bill.


BILL:	HB15-1198
TIME:	06:04:41 PM
MOVED:	Foote
MOTION:	Refer House Bill 15-1198, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Salazar
		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

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

06:06 PM

The committee adjourned.