Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
JUDICIARY
Date:
03/03/2005
ATTENDANCE
Time:
01:38 PM
to
04:09 PM
Boyd
X
Brophy
X
Place:
HCR 0112
Decker
X
Harvey
X
This Meeting was called to order by
Hefley
X
Representative
Carroll T.
Jahn
X
Judd
X
This Report was prepared by
Kerr
E
Jennifer Moe
McGihon
E
Carroll M.
X
Carroll T.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
HB05-1109 (Final Action)
SB05-093
SB05-034
HB05-1090
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Amended, Laid Over
Amended, Referred to Committee on Appropriations
01:39 PM -- House Bill 05-1109
The committee came to order. Representative Hefley, the prime sponsor of HB 05-1109, Concerning Juveniles Who Are Charged As Adults, returned to the table to describe an amendment to her bill (The committee heard testimony on the bill on February 3, 2005). Committee members were provided with Amendment L.013 (Attachment A), and a memorandum prepared by Legislative Council Staff regarding the revised fiscal impact associated with adopting L.013 (Attachment B). Representative Hefley described the discussions she had with various parties about the bill and explained the provisions of L.013. She also answered questions from the committee.
BILL:
HB05-1109
TIME:
01:39:41 AM
MOVED:
Hefley
MOTION:
Move Amendment L.013 (Attachment A), as amended (see below). The motion passed without objection.
SECONDED:
Judd
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
Excused
McGihon
Excused
Carroll M.
Carroll T.
Not Final YES:
0
NO:
0
EXC:
2
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1109
TIME:
01:39:42 PM
MOVED:
Judd
MOTION:
Amend L.013 as follows: on page 9, line 30, add "$18,964". The motion passed without objection.
SECONDED:
Boyd
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
Excused
McGihon
Excused
Carroll M.
Carroll T.
Not Final YES:
0
NO:
0
EXC:
2
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1109
TIME:
01:53:12 PM
MOVED:
Hefley
MOTION:
Refer HB 05-1109, as amended, to the Committee of the Whole. The motion carried on a vote of 9-0-2.
SECONDED:
Carroll M.
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Excused
McGihon
Excused
Carroll M.
Yes
Carroll T.
Yes
Final YES:
9
NO:
0
EXC:
2
ABS:
0
FINAL ACTION:
PASS
01:54 PM -- Senate Bill 05-093
Representative Garcia, the prime sponsor of SB 05-093, Concerning the Ability to Attach Public Pension Benefits If the Pension Participant Engages in Misconduct in Connection With Public Property, explained why the bill was necessary and summarized the bill's provisions. Committee members were provided with a news article about Elizabeth school officials who embezzled funds (Attachment C), and Amendment L.006 (Attachment D). He responded to questions from the committee regarding situations that might trigger the attachment of public pension benefits to a restitution judgment, and why other crimes might not trigger such attachment.
The following people testified on the bill:
02:07 PM --
Mr. Ben Stein, representing the State Treasurer's Office, spoke in support of the bill and discussed the nexus for attaching the public pension benefits to violations involving public property. He also clarified that the decision about whether or not an offense occurred is made in a court of law. He responded to questions from the committee about the inability under current law to attach public pension payouts to a restitution judgment.
02:13 PM --
Mr. Rob Gray, representing the Public Employees Retirement Association Board, spoke in support of the bill. He discussed what types of actions might constitute a violation of fiduciary duties and why the "direct financial gain" language was intentionally narrow to preclude trivial claims (e.g., disagreement with a board member's fund management decision). Mr. Gray responded to questions from the committee regarding whether a defendant may attempt to plea bargain in order to avoid this liability, and the frequency with which the offenses addressed in the bill are committed.
02:21 PM
The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.
BILL:
SB05-093
TIME:
02:22:38 PM
MOVED:
Decker
MOTION:
Move Amendment L.006 (Attachment D). The motion passed without objection.
SECONDED:
Carroll M.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
Excused
McGihon
Excused
Carroll M.
Carroll T.
Not Final YES:
0
NO:
0
EXC:
2
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
SB05-093
TIME:
02:24:29 PM
MOVED:
Brophy
MOTION:
Amend the reengrossed bill as follows: on page 5, line 19, strike "debt OR" and substitute "debt," and, on page 6, line 22, strike "debt OR" and substitute "debt,". The motion passed without objection.
SECONDED:
Boyd
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
Excused
McGihon
Excused
Carroll M.
Carroll T.
Not Final YES:
0
NO:
0
EXC:
2
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
SB05-093
TIME:
02:30:20 PM
MOVED:
Harvey
MOTION:
Refer SB 05-093, as amended, to the Committee of the Whole. The motion carried on a vote of 9-2-0.
SECONDED:
Jahn
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Excused
McGihon
Excused
Carroll M.
Yes
Carroll T.
Yes
Final YES:
9
NO:
0
EXC:
2
ABS:
0
FINAL ACTION:
PASS
02:31 PM -- Senate Bill 05-034
Representative Boyd, the prime sponsor of SB 05-034, Concerning a Ban on Alcohol-Without-Liquid Devices, described a new trend of devices that are used to inhale alcohol by vapor. She described how Alcohol-Without-Liquid (AWOL) devices are marketed and some effects of using them. She cited research that contradicts the facts used to market the devices, stating that alcohol consumed by these devices has the same number of calories as alcohol consumed by drinking, and that the alcohol consumed by the devices can be detected in the bloodstream even though the blood alcohol concentration may not indicate the person's actual level of intoxication. Committee members were provided with Amendment L.007 (Attachment E). Representative Boyd summarized the bill's provisions. She then answered questions about the adverse effects of consuming alcohol by AWOL devices, and the act of prohibiting a means by which a legal substance is consumed.
The following people testified on the bill:
02:45 PM --
Mr. Kevin Bommer, representing the Colorado Municipal League, spoke in support of the bill and affirmed that the devices are primarily being marketed to young adults. He gave committee members a press release about Congressman Bob Beauprez's legislation to temporarily ban AWOL devices (Attachment F). Mr. Bommer described some of the adverse health effects of AWOL devices (e.g., it bypasses the liver's filtering process and delivers the alcohol directly to the brain), and potential public safety implications of AWOL devices (e.g., a person could pass a Breathalyzer test if intoxicated beyond the legal limit and stopped while driving). Mr. Bommer stated that because the devices are so new, there is little research available about them and their effects.
02:54 PM --
Mr. Matt Cook, representing the Department of Revenue, Liquor Enforcement Division, responded to questions from the committee about the health impact of AWOL devices and the division's present ability to regulate these devices.
02:57 PM --
Mr. Bill Clayton, representing the Colorado Police Protective Association, spoke in support of the bill. He described the concerns of law enforcement with these devices and responded to questions from the committee about an officer's ability to detect the actual blood-alcohol content of someone who consumed alcohol using an AWOL device.
02:59 PM --
Ms. Lisa Spalding, representing the University Hill Neighborhood Association, spoke in support of the bill. She suggested that AWOL devices would become a novel attraction to college students and could easily become part of their current drinking rituals.
03:05 PM
The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.
BILL:
SB05-034
TIME:
03:05:19 PM
MOVED:
Boyd
MOTION:
Move Amendment L.007 (Attachment D). The motion passed without objection.
SECONDED:
Judd
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
Excused
McGihon
Excused
Carroll M.
Carroll T.
Not Final YES:
0
NO:
0
EXC:
2
ABS:
0
FINAL ACTION:
Pass Without Objection
03:08 PM
The bill sponsor made closing comments on the bill. Committee members commented. The chairman announced that the bill would lay over for action on Thursday, March 10.
03:15 PM -- House Bill 05-1090
Representative T. Carroll, the prime sponsor of HB 05-1090, Concerning a Requirement That Mental Health Institutions Provide Written Notice to Certain Committed Defendants of Their Right to a Release Hearing, summarized the bill's provisions and explained why the bill was necessary. He stated that the bill does not expand a patient's rights.
The following people testified on the bill:
03:19 PM --
Mr. Matt Flora, representing the Department of Human Services, answered questions about the fiscal impact of the bill. He clarified that the bill does not expand the patient's rights but does require that patients be notified of their right to a hearing. Committee members were provided with Amendment L.001 (Attachment G).
03:25 PM --
Mr. David Kaplan, representing the Office of the State Public Defender, answered questions from the committee regarding the fiscal impact of the bill. It was his belief that the bill does not expand patients' rights. Discussion ensued regarding cost savings for released patients.
03:34 PM --
Mr. John Evermann, Fiscal Analyst, Legislative Council Staff, answered questions form the committee regarding the fiscal note.
03:39 PM --
Ms. Connie Talmage, representing the Colorado Lawyers Committee, spoke in support of the bill. She described the work of the Colorado Lawyers Committee in the area of representing persons who are committed to the state hospital after pleading not guilty by reason of insanity.
03:40 PM --
Ms. Laura Bottaro, representing the law firm of Hill & Robbins and the Colorado Lawyers Committee, spoke in support of the bill. She stated that, from her experience working with patients over the last four years, the patients are not aware of their right to request a release hearing. She explained the implications of an indeterminate sentence in light of a patient's mental health needs. She responded to questions from the committee regarding resources available to the patients to become knowledgeable of their release options. The bill sponsor added that persons incarcerated in the Department of Corrections are notified of their eligibility for a parole hearing. The committee continued to discuss these issues further.
03:55 PM --
Ms. Iris Eytan, representing the law firm of Hoffman, Reilly, Pozner, & Willliamson and the Colorado Lawyers Committee, spoke in support of the bill. She reiterated that patients at the state hospital are not aware of their rights, and described a current case that she is handling. She then answered questions from the committee about her testimony.
04:01 PM
The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.
BILL:
HB05-1090
TIME:
04:02:03 PM
MOVED:
Carroll T.
MOTION:
Move Amendment L.001 (Attachment G). The motion passed without objection.
SECONDED:
Decker
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
Excused
McGihon
Excused
Carroll M.
Carroll T.
Not Final YES:
0
NO:
0
EXC:
2
ABS:
0
FINAL ACTION:
Pass Without Objection
04:04 PM
Committee members commented on the bill.
BILL:
HB05-1090
TIME:
04:06:26 PM
MOVED:
Carroll T.
MOTION:
Refer HB 05-1090, as amended, to the Committee on Appropriations. The motion carried on a 9-0-2 vote.
SECONDED:
Harvey
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Excused
McGihon
Excused
Carroll M.
Yes
Carroll T.
Yes
Final YES:
9
NO:
0
EXC:
2
ABS:
0
FINAL ACTION:
PASS
04:07 PM
The committee adjourned.