Senate Committee on Judiciary (04/07/2015)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	04/07/2015	ATTENDANCE

Time:	10:54 AM to 11:48 AM	Cooke	X
		Guzman	X
Place:	SCR 352	Merrifield	*
		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:
HB15-1153 HB15-1198 SB15-195		Referred to Appropriations Referred to the Committee of the Whole - Consent Calendar Amended, Referred to Appropriations

10:54 AM

Senator Roberts, chair, called the committee to order.

10:55 AM -- HB15-1153

Senator Steadman, sponsor, presented House Bill 15-1153, concerning oversight and funding of child and family investigators. Senator Steadman explained the provisions of the bill and how funding and responsibility would shift under the bill.

10:57 AM -- Ms. Linda Weinerman, representing the Office of the Child's Representative (OCR), testified in support of the bill. Ms. Weinerman discussed the history of the OCR and child and family investigators. Ms. Weinerman discussed the appointment process for child and family investigators, and confusion surrounding the appointment process. She explained that HB 15-1153 was the result of negotiations to clarify the process. Senator Roberts commented on the OCR.

11:03 AM

Senator Steadman provided closing remarks on the bill.


BILL:	HB15-1153
TIME:	11:04:05 AM
MOVED:	Guzman
MOTION:	Refer House Bill 15-1153 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

11:04 AM -- HB15-1198

Senator Steadman, sponsor, presented House Bill 15-1198, concerning updates to the Uniform Interstate Family Support Act (UIFSA). Senator Steadman explained the process for updating the act, including a discussion of the Hague Convention that resulted in the updates to UIFSA, which are the provisions of HB 15-1198. He also stated that a failure to update the act would result in a loss of federal funding. Senator Steadman explained the bill's provisions, and stated that a majority of the bill added a new section to UIFSA concerning international child support agreements.

In response to a question, Senator Steadman explained foreign support orders and other obligations, including jurisdiction, enforcement, and modification of such orders. Senator Lundberg explained a situation involving liability of a payor in an interstate child support agreement where an accounting of child support payments was inaccurate, and asked whether the bill impacts interstate child support agreements and whether the bill would help solve problems relating to interstate payments. Senator Steadman stated that he did not believe the new section in the bill concerning international agreements would apply to the situation, but that the UIFSA would govern child support orders issued in other states.

11:14 AM -- Ms. Jeanette Savoy, representing Colorado Child Support Services, testified in support of the bill. Ms. Savoy stated that the bill primarily implemented international provisions of UIFSA. In response to the situation explained by Senator Lundberg, Ms. Savoy discussed how interstate payments can be monitored and how UIFSA governs such situations. Ms. Savoy also stated that HB 15-1198 would govern international agreements and payments. Senator Lundberg and Ms. Savoy continued to discuss the bill and child support payments, generally.

11:23 AM

In response to questions, Ms. Savoy stated that 26 countries have signed on to the Hague Treaty, and discussed foreign court jurisdiction over American citizens under the bill.

11:26 AM -- Mr. Brandon Shaffer, representing the Uniform Law Commission, testified in support of the bill. Mr. Shaffer discussed the history of the UIFSA and the Uniform Law Commission, generally. Mr. Shaffer explained the federal funding tied to adoption of the 2008 amendments to UIFSA included in HB 15-1198.

11:31 AM

Senator Steadman asked for the committee's support and stated that the Uniform Law Commission asked that this bill not be amended.


BILL:	HB15-1198
TIME:	11:32:16 AM
MOVED:	Merrifield
MOTION:	Refer House Bill 15-1198 to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	Yes
	Merrifield	Yes
	Lundberg	Yes
	Roberts	Yes


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


BILL:	HB15-1198
TIME:	11:47:14 AM
MOVED:	Merrifield
MOTION:	Reconsider House Bill 15-1198. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	Yes
	Merrifield	Yes
	Lundberg	Yes
	Roberts	Yes


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


BILL:	HB15-1198
TIME:	11:47:52 AM
MOVED:	Merrifield
MOTION:	Refer House Bill 15-1198 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

11:32 AM -- SB15-195

Senator Steadman, sponsor, presented Senate Bill 15-195, concerning spending savings from earned time in the Department of Corrections (DOC). Senator Steadman distributed amendment L.004 (Attachment A). Senator Steadman explained that current law placed cost savings from a law enacted in 2012 into an education fund, and that at the current rate of savings, not all of the savings could be applied to the education fund. He then explained how SB 15-195 would allocate money from cost savings and explained how amendment L.004 would affect telephone rates for inmates in DOC.

15SenateJud0407AttachA.pdf

11:41 AM -- Mr. Jack Laughlin and Mr. Ross Kimbrel, representing the DOC, testified in support of the bill. Mr. Kimbrel stated that the DOC supports the bill. Mr. Laughlin stated his support for the bill and made himself available for questions.

11:43 AM

Senator Steadman provided closing remarks on the bill and further discussed his reasons for bringing amendment L.004.


BILL:	SB15-195
TIME:	11:44:31 AM
MOVED:	Merrifield
MOTION:	Adopt amendment L.004 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Cooke
	Guzman
	Merrifield
	Lundberg
	Roberts


YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB15-195
TIME:	11:45:48 AM
MOVED:	Merrifield
MOTION:	Refer Senate Bill 15-195, as amended, 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

11:48 AM

The committee adjourned.