Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:02/16/2006
ATTENDANCE
Time:01:34 PM to 03:48 PM
Boyd
*
Clapp
X
Place:HCR 0112
Decker
X
Gardner
X
This Meeting was called to order by
Hefley
X
Representative Carroll T.
Jahn
X
Judd
X
This Report was prepared by
McGihon
*
Jessika Shipley
Witwer
X
Carroll M.
X
Carroll T.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1189
HB06-1190
HB06-1267
HB06-1071
HB06-1237		Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole

01:37 PM -- House Bill 06-1189

Representative Cadman, prime sponsor, presented House Bill 06-1189 concerning civil actions brought against public entities and employees to recover damages paid for injuries governed by the Colorado Governmental Immunity Act (CGIA). The bill clarifies that tort claims brought against public entities and public employees are subject to the damages limitations of the CGIA, regardless of whether a claim is brought directly by an injured party or indirectly by an assignee or subrogee of the injured party. It also clarifies that an assignment or subrogation concerning an injury governed by the CGIA is not a separate occurrence with regard to limitations on judgments recovered against public entities or public employees. Representative Cadman distributed a written hypothetical scenario to illustrate the intent of the bill (Attachment A).

01:42 PM -- Christina Valencia and David Kaye, Division of Human Resources of the Department of Personnel and Administration, spoke in support of the bill. Ms. Valencia discussed the legislative intent in passing the CGIA and to cap damages recovered under it. She stated that a no vote on this bill amounts to an attempt to evade the damage cap provisions of the CGIA. Ms. Valencia responded to questions from the committee regarding the separation of subrogated claims from the original claim. Mr. Kaye also discussed the intent of the bill with regards to assigning or subrogating claims as a separate cause of action. The committee discussed the recent trend in case law of treating these claims as separate causes of action. Ms. Valencia responded to questions from the committee regarding which of the parties to an action take precedence if all of the claims are subject to a cap of $150,000.
BILL:HB06-1189
TIME: 01:59:25 PM
MOVED:Carroll M.
MOTION:Moved House Bill 06-1189 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 10-1.
SECONDED:Witwer
VOTE
Boyd
Yes
Clapp
Yes
Decker
Yes
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
No
Carroll T.
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:04 PM -- House Bill 06-1190

Representative Crane, prime sponsor, presented House Bill 06-1190 concerning strengthening extradition laws. The bill requires a court to hold a fugitive in custody for a minimum of 15 days and a maximum of 30 days after the court orders delivery of the fugitive to an agent of the demanding state, during which period an agent of a demanding state may complete transportation arrangements, travel to this state, and take custody of the fugitive. Requires a written prior waiver of extradition as a condition of release to bail, probation, parole, or a community corrections program. In the case of a criminal defendant who is in a foreign country, the bill requires the district attorney of the judicial district in which the offense was allegedly committed, who desires the international extradition of the defendant, to apply to the governor to request that the governor apply to the president of the United States to institute extradition proceedings for the return of the defendant to this country for the purpose of prosecution.

02:07 PM -- Mark Noel, Office of the Governor, spoke in support of the bill. Mr. Noel stated that there is currently no provision in statute governing a time period for extradition. He discussed the need for some standardization in an attempt to save time, money and effort. Mr. Noel responded to questions from the committee regarding the annual number of extradition requests received by the state.

02:14 PM -- Peg Ackerman, County Sheriffs of Colorado, spoke in support of the bill.
BILL:HB06-1190
TIME: 02:14:47 PM
MOVED:Jahn
MOTION:Moved prepared amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:Gardner
VOTE
Boyd
Clapp
Decker
Gardner
Hefley
Jahn
Judd
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1190
TIME: 02:15:33 PM
MOVED:Boyd
MOTION:Moved House Bill 06-1190 to the Committee of the Whole with a favorable recommendation. The motion passed on a unanimous roll call vote.
SECONDED:Hefley
VOTE
Boyd
Yes
Clapp
Yes
Decker
Yes
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:17 PM -- House Bill 06-1267

Representative Riesberg, prime sponsor, presented House Bill 06-1267 concerning child support. The bill clarifies language to specify that a child support obligation does not terminate until the last or only child emancipates. It changes language in statutes concerning entry of genetic tests into evidence in paternity cases from "decree of dissolution" to an "order establishing paternity" and adds language to the uniform parentage act to allow a personal representative of the estate or a relative of a deceased alleged parent to be named as a party in a paternity action. The bill also removes the requirement that a child support obligator's social security number appear on child support notices. It changes from "shall" to "may" the language regarding imputation of minimum wage for a 40-hour work week to parents when a child support order is established or modified.

02:20 PM -- Cindy Vigesa, Division of Child Support Enforcement, spoke in support of the bill and responded to technical questions about the bill. Representative Gardner asked why certain provisions were left out of the 2005 bill that addressed the same subject. Representative Decker asked what conditions may exist for child support to continue past the age of 19. Ms. Vigesa mentioned disability and specific written agreements extending support past the age of 19. The committee discussed the issue of support during higher education.
BILL:HB06-1267
TIME: 02:25:42 PM
MOVED:Carroll M.
MOTION:Moved House Bill 06-1267 to the Committee of the Whole with a favorable recommendation. The motion passed on a unanimous roll call vote.
SECONDED:Boyd
VOTE
Boyd
Yes
Clapp
Yes
Decker
Yes
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:28 PM -- House Bill 06-1071

Representative Massey, prime sponsor, presented House Bill 06-1071 concerning juvenile court proceedings and, in connection therewith, eliminating jury trials in dependency and neglect proceedings and clarifying the role and rights of county departments of human services. The bill eliminates the right to a jury trial in dependency and neglect hearings. It authorizes a county department of human services to intervene in delinquency cases in which the county department has custody of a child and allows a county department of human services to seek district court review of magistrate decisions.

02:31 PM -- Rocco Meconi, Fremont County Department of Human Services, spoke in support of the bill. Mr. Meconi handles matters of dependency and neglect. He presented several scenarios of dependency and neglect cases with which he has been involved. Mr. Meconi responded to questions from the committee regarding the idea of eliminating jury trials. He stressed that this is an issue of the protection of children. He also mentioned that approximately 98% of these cases waive the right to a jury trial. The committee had a lengthy discussion regarding the need for this legislation and the fact that these are civil, not criminal, cases. Mr. Meconi discussed the process for dependency and neglect proceedings. Mr. Meconi talked about sections 2 and 3 of the bill.

02:38 PM -- Steve Clifton, Fremont County Department of Human Services, spoke in favor of the bill. Mr. Clifton made himself available to answer questions about dependency and neglect cases.

02:49 PM -- Pat Ratliff, Colorado Counties, Inc., spoke in support of the bill. Ms. Ratliff provided a handout to the committee explaining her position on the bill (Attachment C).

02:51 PM -- Brian Boatwright, Jefferson County District Court judge, spoke in support of the bill. Judge Boatwright discussed the fact that juries in these proceedings have a very difficult time determining their role. He stressed that these cases are about keeping children safe and not about assigning guilt or blame. These are not criminal prosecutions, they are matters of getting assistance or help for children who are in a bad situation. Judge Boatwright responded to questions from the committee regarding the feasibility of simply providing proper and more clear instructions to the juries rather than changing the law and removing the right to a jury trial. The committee had a lengthy discussion about the fact that if a jury does not find a child dependent and neglected, that child goes home with no assistance or services.

03:19 PM -- Catherine Hazouri, ACLU of Colorado, spoke in opposition to the bill. Ms. Hazouri stated that the bill infringes on a parent's constitutional right to raise their children in whatever way they see fit. She explained that a jury lessens the chance that parents will indiscriminately lose their parental rights. She also stressed that the state must have an overwhelming interest in taking away the right to jury trial.


03:23 PM

Representative Massey wrapped up his presentation.
BILL:HB06-1071
TIME: 03:28:01 PM
MOVED:Carroll M.
MOTION:Moved prepared amendment L.001 (Attachment D). A substitute motion was made to consider prepared amendment L.002 (see below).
SECONDED:Hefley
VOTE
Boyd
Clapp
Decker
Gardner
Hefley
Jahn
Judd
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE
BILL:HB06-1071
TIME: 03:30:06 PM
MOVED:Carroll M.
MOTION:Substitute motion to consider prepared amendment L.002 (Attachment E). The motion passed on a vote of 7-4.
SECONDED:Clapp
VOTE
Boyd
No
Clapp
Yes
Decker
Yes
Gardner
Yes
Hefley
Yes
Jahn
No
Judd
No
McGihon
Yes
Witwer
No
Carroll M.
Yes
Carroll T.
Yes
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1071
TIME: 03:36:14 PM
MOVED:Carroll M.
MOTION:Moved House Bill 06-1071 to the Committee of the Whole, as amended, with a favorable recommendation. The motion passed on a vote of 8-3.
SECONDED:Clapp
VOTE
Boyd
No
Clapp
Yes
Decker
Yes
Gardner
Yes
Hefley
No
Jahn
No
Judd
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:41 PM -- House Bill 06-1237

Representative T. Carroll, prime sponsor, presented House Bill 06-1237 concerning defenses for landowners in premises liability actions. The bill clarifies the applicability of certain statutory provisions in premises liability actions.

03:43 PM -- Robert Schuetze, Colorado Trial Lawyers Association, spoke in support of the bill. Mr. Schuetze discussed the circumstances that led to the drafting of this bill, which represents a collaborative effort between Colorado trial lawyers and Colorado defense lawyers.

03:45 PM -- Jeff Ruebel, Colorado Defense Lawyers Association, spoke in support of the bill. Mr. Ruebel discussed the compromise made by the groups with regards to comparative negligence, nonparty at fault, and assumption of the risk.
BILL:HB06-1237
TIME: 03:47:22 PM
MOVED:Carroll T.
MOTION:Moved House Bill 06-1237 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 10-0, with one member excused.
SECONDED:Hefley
VOTE
Boyd
Yes
Clapp
Excused
Decker
Yes
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


03:48 PM

The meeting adjourned.