Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY
Date:01/27/2005
ATTENDANCE
Time:01:33 PM to 05:02 PM
Boyd
X
Brophy
X
Place:HCR 0112
Decker
E
Harvey
X
This Meeting was called to order by
Hefley
X
Representative Carroll T.
Jahn
X
Judd
X
This Report was prepared by
Kerr
X
Ron Kirk
McGihon
*
Carroll M.
X
Carroll T.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB05-1111
HB05-1023
HB05-1004
HB05-1184
HB05-1035
HB05-1143 (Testimony)
HB05-1044
HB05-1143 (Action)
HB05-1121		Referred to the Committee of the Whole
Postponed Indefinitely
Postponed Indefinitely
Referred to the Committee of the Whole
Amended and Referred to the Committee of the Whole
Witness Testimony Only
Amended and Referred to the Committee on Approp.
Amended and Referred to the Committee of the Whole
Referred to the Committee on Finance


01:34 PM -- House Bill 05-1111

The committee came to order. Representative Madden, the prime sponsor of HB 05-1111, Concerning Offers of Settlement in Civil Actions, explained the provisions of the bill and distributed a copy of the statutory citation for the legislation (Attachment A). Representative Madden explained that the bill is meant to encourage early settlement, and only affects plaintiffs who go to court and win.

The following persons testified on the bill:

01:37 PM -- Mr. David Driscoll, representing the Colorado Bar Association, spoke in support of the measure and explained the intent of the bill.

01:49 PM -- Mr. Jeff Ruebel, representing the Colorado Defense Lawyers Association, spoke against the bill.






02:05 PM -- Mr. George Dikeou, representing COPIC Insurance Company, spoke against the bill.


02:08 PM

The chairman closed the public testimony portion of the hearing. No amendments were offered by the committee or the bill sponsor.
BILL:HB05-1111
TIME: 02:13:02 PM
MOVED:McGihon
MOTION:Refer HB 05-1111 to the Committee of the Whole. The motion carried on a vote of 7-3-1.
SECONDED:Judd
VOTE
Boyd
Yes
Brophy
No
Decker
Excused
Harvey
Yes
Hefley
No
Jahn
Yes
Judd
Yes
Kerr
No
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

























02:16 PM -- House Bill 05-1023 (Action Only)

Testimony on HB 05-1023, Concerning Gun Show Background Check Clarifications, occurred at the committee's January 20 meeting. The chairman then laid the bill over for action only on January 27. Representative Rose, the prime sponsor of HB 05-1023, returned to the table and explained that the bill's provisions clarify some of the original provisions in Amendment 22. Committee members commented on the bill sponsor's characterization of the bill.
BILL:HB05-1023
TIME: 02:16:38 PM
MOVED:Brophy
MOTION:Refer HB 04-1023 to the Committee of the Whole. The motion failed on a vote of 4-6-1.
SECONDED:Harvey
VOTE
Boyd
No
Brophy
Yes
Decker
Excused
Harvey
Yes
Hefley
Yes
Jahn
No
Judd
No
Kerr
Yes
McGihon
No
Carroll M.
No
Carroll T.
No
Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL






















BILL:HB05-1023
TIME: 02:23:33 PM
MOVED:Boyd
MOTION:Postpone indefinitely HB 05-1023. The motion carried on a vote of 6-4-1.
SECONDED:McGihon
VOTE
Boyd
Yes
Brophy
No
Decker
Excused
Harvey
No
Hefley
No
Jahn
Yes
Judd
Yes
Kerr
No
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:24 PM -- House Bill 05-1004

Representative Stafford, the prime sponsor of HB 05-1104, Concerning an Exemption from Civil Liability to Employers of Commercial Vehicle Operators Who Render Emergency Assistance, explained that there were concerns about some of the bill's provisions and that the necessary changes did not fit under the bill's title. Thus, she asked the committee to postpone the bill indefinitely. No witnesses signed up to testify on the bill, and no amendments were offered by the committee or the bill sponsor.























BILL:HB05-1004
TIME: 02:25:10 PM
MOVED:Harvey
MOTION:Postpone indefinitely HB 05-1004. The motion carried on a vote of 10-0-1.
SECONDED:Jahn
VOTE
Boyd
Yes
Brophy
Yes
Decker
Excused
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:26 PM -- House Bill 05-1184

Representative Stafford, the prime sponsor of HB 05-1184, Concerning an Extension of the Exemption from Civil Liability to the Employer of an Employee Who Renders Good Faith Emergency Care or Emergency Assistance, explained the bill's provisions, which are similar to those of House Bill 05-1004.

The following person testified on the bill:

02:31 PM -- Mr. Greg Fulton, representing the Colorado Motor Carriers Association, spoke in support of the bill. Mr. Fulton commented the legislation would provide protection for both the employee and employer of trucking firms that provide emergence assistance to motorists along trucking routes. Representative T. Carroll clarified that under state law, only those who are party to an accident are required to stop and provide emergency assistance to motorists involved in accidents.

















02:42 PM

The chairman closed the public testimony portion of the hearing. No amendments were offered by the committee or the bill sponsor.
BILL:HB05-1184
TIME: 02:44:19 PM
MOVED:Harvey
MOTION:Refer HB 05-1184 to the Committee of the Whole. The motion passed on a vote of 10-0-1.
SECONDED:Brophy
VOTE
Boyd
Yes
Brophy
Yes
Decker
Excused
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:55 PM -- House Bill 05-1035

Representative Hall, the prime sponsor of HB 05-1035, Concerning Public Access to Information Regarding Persons Required to Register as Sex Offenders, explained the provisions of the bill. Committee members were provided with Amendment L.001 (Attachment B) and a memorandum prepared by Legislative Council Staff about the fiscal impact of Amendment L.001 (Attachment C). Representative Hall explained that the bill eliminates the need-to-know requirement when citizens request Sex Offender Registry information. Under current law, people who request sex offender registry information can see it only if they live in the jurisdiction. The legislation would allow persons to read a county's sex-offender registry regardless of whether or not they live in the area.

The following persons testified on the bill:

02:59 PM -- Mr. John Cooke, representing the Weld County Sheriff's Office, spoke in support of the bill. Committee members were provided with information about sex offenders on the web (Attachment D).












03:06 PM -- Ms. Sally Wawrzyniak, representing the Weld County Sheriff's Office, responded to technical questions and spoke in support of the bill.

03:11 PM -- Mr. Patrick Maroney, representing the Colorado Bureau of Investigation, spoke in support of the bill.

03:13 PM -- Ms. Jennifer Eyl, representing the Colorado Coalition Against Sexual Assault, spoke in support of the legislation.

03:14 PM -- Mr. Gary Maas, representing the Littleton Police Department, spoke in support of the legislation.

03:18 PM -- Detective Rick Schneider, representing the Denver Police Department, Sex Registration Unit, spoke in support of the bill.

03:22 PM -- Mr. Greg Romberg, representing the Colorado Press Association, spoke in support of the bill.

03:25 PM -- Ms. Peg Long, representing the Colorado Association of Families and Children's Agencies, did not take a position on the bill but commented that juveniles should be exempt from the bill.

03:30 PM -- Ms. Paula Hook, representing herself, spoke in support of the bill.


03:35 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.

























BILL:HB05-1035
TIME: 03:36:34 PM
MOVED:Brophy
MOTION:Move Amendment L.001 (see Attachments B and C). The motion passed without objection by those members present.
SECONDED:McGihon
VOTE
Boyd
Brophy
Decker
Excused
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB05-1035
TIME: 03:39:39 PM
MOVED:Judd
MOTION:Amend the introduced bill as follows to make technical, conforming amendments in compliance with the provisions of Amendment L.001: on page 3, line 14, strike "and" and substitute "and", and on page 6, line 1, strike "and" and substitute "and". The motion passed without objection by those members present.
SECONDED:Boyd
VOTE
Boyd
Brophy
Decker
Excused
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

Committee members were provided with Amendment L.003 (Attachment E).





BILL:HB05-1035
TIME: 03:40:59 PM
MOVED:McGihon
MOTION:Move amendment L.003 (see Attachment E). The motion passed without objection by those members present.
SECONDED:Jahn
VOTE
Boyd
Brophy
Decker
Excused
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection































BILL:HB05-1035
TIME: 03:43:44 PM
MOVED:Judd
MOTION:Amend the introduced bill as follows to make technical, conforming amendments in compliance with the provisions of Amendment L.003: on page 4, line 15, strike "website." and substitute "website; except that a local law enforcement agency may only post the sex offender registration information of a juvenile if the juvenile is a sexually violent predator, was sentenced as or found to be a sexually violent predator in another state, has been adjudicated for two or more offenses involving unlawful sexual behavior or a crime of violence as defined in section 18-1.3-406, C.R.S., or was required to register pursuant to section 16-22-103 because he or she was adjudicated for an offense that would have been a felony if committed by an adult and has failed to register as required by section 16-22-108.". The motion passed without objection by those members present.
SECONDED:McGihon
VOTE
Boyd
Brophy
Decker
Excused
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection






















BILL:HB05-1035
TIME: 03:44:52 PM
MOVED:McGihon
MOTION:Refer HB 05-1035, as amended, to the Committee of the Whole. The motion carried on a vote of 10-0-1.
SECONDED:Boyd
VOTE
Boyd
Yes
Brophy
Yes
Decker
Excused
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


03:46 PM -- House Bill 05-1143 (Testimony)

Representative Borodkin, the prime sponsor of HB 05-1143, Concerning Creation of an Interagency Task Force on Trafficking in Persons, summarized the bill's provisions. Committee members received a packet of materials on sex trafficking (Attachment F), and Representative Borodkin further discussed the issue at hand.

The following persons testified on the bill:

03:52 PM -- Ms. Judy Page, representing the Colorado Attorney General's Office, the Colorado Coalition Against Sexual Assault, and the Colorado Organization for Victim Assistance, spoke in favor of the bill.

03:53 PM -- Ms. Twanna LaTrice Hill, representing the Colorado Coalition Against Domestic Violence, spoke in favor of the bill.

03:56 PM -- Mr. John Cooke, representing the Weld County Sheriff's Office, spoke in support of the bill.

03:57 PM -- Ms. Ann Terry, representing the Colorado Department of Public Safety, spoke in support of the bill.

04:10 PM -- Ms. Paula Hook, representing herself, spoke in support of the bill.







04:13 PM

The chairman announced the bill would lay over to allow the sponsor time to modify her amendments. Action on the bill was slated to follow the committee's consideration of House Bill 05-1044.


04:14 PM -- House Bill 05-1044

Representative Judd, the prime sponsor of HB 05-1044, Concerning the Interception of Claims Against Claims for Unclaimed Property, discussed the provisions of the bill and provided committee members with Amendments L.001 (Attachment G) and L.002 (Attachment H). For discussion purposes, Amendment L.002 was moved prior to hearing testimony (see action below). Representative Judd commented that Amendment L.002 places a floor on the claims for which provisions in the bill apply and eliminates about $15,000 of the bill's fiscal impact.

The following persons testified on the bill:

04:18 PM -- Mr. Ben Stein, representing the State Treasurer's Office, spoke in support of the bill and discussed the fiscal note.

04:23 PM -- Ms. Judy Page, representing the Colorado Organization for Victim Assistance, spoke in support of the bill.

04:25 PM -- Mr. David Kribs, representing the Colorado Judicial Branch, spoke in support of the bill.

04:26 PM -- Ms. Twanna LaTrice Hill, representing the Colorado Coalition Against Domestic Violence, spoke in support of the bill.

























04:26 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.
BILL:HB05-1044
TIME: 04:17:21 PM
MOVED:Judd
MOTION:Move Amendment L.002 (see Attachment H). For the purposes of discussion, the amendment was moved prior to hearing public testimony. Following public testimony, the motion passed without objection by those members present.
SECONDED:Boyd
VOTE
Boyd
Brophy
Decker
Excused
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
After the amendment was moved, Representative Judd explained that it would extend the provisions of the bill pertaining to unclaimed property to casinos, race tracks, and off-track betting facilities.
























4:47 P.M.

Ms. Diane Reimer, representing the Colorado Department of Revenue, responded to technical questions about Amendment L.001 but did not take a position on the bill.
BILL:HB05-1044
TIME: 04:49:27 PM
MOVED:Judd
MOTION:Refer HB 05-1044, as amended, to the Committee on Appropriations. The motion passed on a vote of 10-0-1.
SECONDED:McGihon
VOTE
Boyd
Yes
Brophy
Yes
Decker
Excused
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS




























04:50 PM -- House Bill 05-1143 (Action)

Committee members were provided with Amendment L.003 (Attachment I), and Representative Borodkin explained the amendment.
BILL:HB05-1143
TIME: 04:51:29 PM
MOVED:McGihon
MOTION:Move Amendment L.003 (see Attachment I). The motion passed by those members present.
SECONDED:Carroll T.
VOTE
Boyd
Brophy
Decker
Excused
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

























BILL:HB05-1143
TIME: 04:52:40 PM
MOVED:Carroll M.
MOTION:Refer HB 05-1143, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0-1.
SECONDED:Boyd
VOTE
Boyd
Yes
Brophy
Yes
Decker
Excused
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


04:54 PM -- House Bill 05-1121

Representative M. Carroll took the chair while Representative T. Carroll presented his bill to the committee. Representative T. Carroll, the prime sponsor of HB 05-1121, Concerning Substitute Service of Process Upon the Secretary of State, explained the bill's provisions.

The following person testified on the bill:

04:56 PM -- Mr. Mike Hodges, representing the Colorado Trial Lawyers Association, spoke in favor of the bill.




















04:58 PM

The chairman closed the public testimony portion of the hearing. No amendments were offered by the committee or the bill sponsor.
BILL:HB05-1121
TIME: 05:00:21 PM
MOVED:Boyd
MOTION:Refer HB 05-1121 to the Committee on Finance. The motion passed on a vote of 10-0-1.
SECONDED:Carroll T.
VOTE
Boyd
Yes
Brophy
Yes
Decker
Excused
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


05:02 PM

The committee adjourned.