Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Date:03/27/2006
ATTENDANCE
Time:01:45 PM to 06:57 PM
Fitz-Gerald
X
Johnson
X
Place:SupCt
Lamborn
X
May R.
X
This Meeting was called to order by
Windels
X
Senator Tupa
Groff
X
Tupa
X
This Report was prepared by
Leslie Herod
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1256
HB06-1090		Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole

01:45 PM -- Call to Order

Senator Tupa, chairman, called the committee to order.

01:45 PM -- House Bill 06-1256

Senator Keller, prime sponsor, reviewed the provisions of House Bill 06-1256, concerning modifications to certain provisions of total compensation for employees in the state personnel system. She distributed amendment L.002 (Attachment A).

01:50 PM -- Jeff Schutt, representing the Department of Personnel and Administration, testified in favor of the bill.
BILL:HB06-1256
TIME: 01:53:52 PM
MOVED:Groff
MOTION:Moved amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Fitz-Gerald
Johnson
Lamborn
May R.
Windels
Groff
Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB06-1256
TIME: 01:54:34 PM
MOVED:Groff
MOTION:Refer House Bill 06-1256, as amended, to the Committee of the Whole. The motion passed on a 7-0 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Yes
Lamborn
Yes
May R.
Yes
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:55 PM -- House Bill 06-1090

Senator Tupa, prime sponsor, reviewed the provisions of House Bill 06-1090, concerning unlawful sexual behavior. He highlighted unlawful instances of sexual behavior as they pertain specifically to teachers. He spoke to other measures that have been introduced in the General Assembly and how this measure reaffirms the General Assembly's commitment to prosecuting sexual offenders. He distributed a handout prepared by the Office of Legislative Legal Services that outlines the provisions the bill (Attachment B). Senator Groff asked about the provision of the bill that speaks to notice. Senator Fitz-Gerald distributed amendment L.030 to the committee (Attachment C).

02:15 PM -- Julie Pelegrin, Office of Legislative Legal Services, clarified questions from the committee on the bill as it has been amended. Senator Johnson asked damage provisions of the bill. Senator Tupa clarified that this measure would remove the cap on damages.

02:21 PM -- Terri Schreiber, representing herself, testified in support of the bill. She spoke to the abuse she suffered as a teenager and how she survived by compartmentalizing her experiences.

02:26 PM -- Chris Rose, representing the Colorado Catholic Conference, testified as neutral on the bill. He clarified the church's position on the bill and the other measures being considered by the legislature. Senator Fitz-Gerald asked about the constitutionality of the bill. Mr. Rose said this bill levels the playing field when it comes to who is prosecuted under this law. He further highlighted concerns with the bill and how the committee can address them. Specifically, Mr. Rose spoke about the proactive nature of the bill. He said the statute of limitations for civil matters should be extended, but adds that they do not favor an open-ended statute of limitations.

02:46 PM -- Martin Nussbaum, representing the Colorado Catholic Conference, testified on the bill. He asked the committee to weigh the fairness of the bill. He highlighted concerns he has with the drafting of the bill. He said that an unlimited statute of limitation for a tort is unwise. He said that the statute of limitations is in place to incentivize people to come forward in a timely manner in order to eliminate the danger and prevent stale evidence. He also spoke to the reasonable step provision of the bill. He distributed a document (Attachment D). Mr. Nussbaum argued that the church has responded appropriately to the complaints that have been brought forward. Senator Tupa clarified that a suit cannot be brought forward against someone who is incapacitated or deceased.


03:32 PM

The committee continued to ask questions of the witnesses.

03:34 PM -- Former Senator Polly Baca, representing herself, testified against the bill. She asked that the committee treats all entities -- public, private, and nonprofit -- equally. Further, she said that she supports the prosecution of perpetrators, but asks that the individual be held responsible, not the institution. Senator Lamborn spoke to the accountability of the institution. Senator Windels asked about the knowing moving of sexual offenders and who should be held responsible. Former Senator Baca responded that the individual should be held accountable for his or her actions.

03:55 PM -- Christopher Barden, representing himself, testified against the bill and distributed a document (Attachment E). He spoke to the falsification of suppressed memories. He testified that the physiological disorder noted in this bill is vague. He said the longer someone waits to testify, the more likely it is that false memories arise. He further stated his opposition to what he sees as the unbalanced nature of the bill.

04:20 PM -- Joe Mahoney, representing himself, testified in favor of the bill. He spoke to instance of abuse he suffered and his experiences reporting them to the church. He said he was intimidated by the church's attorney into not reporting his abuse to the police. He said the church does not reach out to victims.

04:32 PM -- Michael Webb, representing himself, testified against the bill. He distributed a document to the committee (Attachment F). He said the more that time passes the more difficult is to move a case forward. He noted that a problem faced by archdioceses is the direct financial impact of the cases that are filed and the difficulties in obtaining insurance. He discussed several cases that have been filed in California. He responded to questions from committee members. He testified that legislation must balance justice for the victims with justice for the defendants.

04:47 PM

Committee members continued to question Mr. Webb on his testimony. Mr. Webb spoke to the fact that money becomes the remedy. Mr. Webb described concerns he has with reviving expired claims.

04:54 PM -- Tamika Payne, representing the Colorado Coalition Against Sexual Assault, testified in support of the bill. She spoke to how this bill helps victims come forward. She said that what is most fair is for our laws to protect the children.

05:09 PM -- Mark Behrens, representing the American Tort Reform Association and the Colorado Civil Justice League, testified in opposition to sections of the bill. He said that extending the statute of limitations further than already written in law would take away the fair balance in place. He distributed a document to the committee (Attachment G).

05:20 PM -- Lark Mathis, representing herself, testified in support of the bill. She spoke to the reasons victims come forward.

05:23 PM -- Carl Fritz, representing himself, testified in opposition to the bill. He spoke to the stale evidence issue that arises with the elimination of the statute of limitations.

05:29 PM -- Troy Gray, representing the Survivors Network of those Abused by Priests (SNAP), testified in support of the bill. He spoke to the abuse he survived and the emotional duress he suffered.

05:40 PM -- Dr. Roy Starks, representing himself, testified in support of the bill. He believes the church works hard to discredit victims who come forward.

05:50 PM -- John Patrick Michael Murphy, representing himself, testified in support of the bill. He testified to how this bill protects children.


06:04 PM -- Terrence Hugar, representing himself, testified in opposition to the bill. He spoke to why it is wrong to abolish the statute of limitations.

06:08 PM -- Jeb Barrett, representing SNAP, testified in support of the bill. He distributed the statement of Marilyn Van Derber (Attachment H). He spoke to the severity of sexual abuse against children.

06:14 PM -- Yvonne Schaefer, representing herself, testified against the bill. She said she is in favor of the statute of limitations and damage caps.

06:26 PM -- Frank Wolf, representing himself, testified in support of the bill as amended. He spoke to the molestation he suffered as a child. He said this legislation levels the playing field for past and present children who have been abused.

06:30 PM

Senator Tupa provided closing comments on the bill.
BILL:HB06-1090
TIME: 06:34:48 PM
MOVED:Tupa
MOTION:Moved amendment L.030 (Attachment C). Senator Fitz-Gerald asked Julie Pelegrin, Office of Legislative Legal Services, to return to the table to review the provisions of the amendment. The motion passed on a 5-1 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Excused
Lamborn
No
May R.
Yes
Windels
Yes
Groff
Yes
Tupa
Yes
Not Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1090
TIME: 06:45:25 PM
MOVED:Lamborn
MOTION:Moved to strike page 9, lines 17-20 of the reengrossed bill. The motion was withdrawn.
SECONDED:
VOTE
Fitz-Gerald
Johnson
Excused
Lamborn
May R.
Windels
Groff
Tupa
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:HB06-1090
TIME: 06:47:10 PM
MOVED:Lamborn
MOTION:Moved a conceptual amendment to provide no extension for vicarious liability for a third party. The motion failed on a 1-5 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Excused
Lamborn
Yes
May R.
No
Windels
No
Groff
No
Tupa
No
Not Final YES: 1 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:HB06-1090
TIME: 06:52:16 PM
MOVED:Lamborn
MOTION:Moved a conceptual amendment that would remove the retroactivity of the bill. The motion failed on a 1-5 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Excused
Lamborn
Yes
May R.
No
Windels
No
Groff
No
Tupa
No
Not Final YES: 1 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:HB06-1090
TIME: 06:56:56 PM
MOVED:Tupa
MOTION:Refer House Bill 06-1090, as amended, to the Committee of the Whole. The motion passed on a 5-1 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Excused
Lamborn
No
May R.
Yes
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

06:57 PM

The committee recessed.