House Committee on Judiciary (03/14/2006)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	03/14/2006	ATTENDANCE

Time:	10:48 AM to 12:00 PM	Boyd	X
		Clapp	*
Place:	HCR 0112	Decker	X
		Gardner	*
This Meeting was called to order by		Hefley	X
	Representative Carroll T.	Jahn	X
		Judd	X
This Report was prepared by		McGihon	X
	Carl Jarrett	Witwer	X
		Carroll M.	X
		Carroll T.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB06-102 SB06-051		- -

10:48 AM -- Senate Bill 06-102

Representative Larson, bill sponsor, explained the provisions of SB 06-102 that exempt medical caregivers form a charge of manslaughter when providing palliative care for intractable pain.

10:51 AM

Daniel Johnson, M.D., spoke in support of the bill and provided an explanation of palliative care. He explained the difference between palliative care and hospice care (Attachment A). He spoke to the fears of medical care providers that they will be prosecuted for manslaughter after providing opiates to terminally ill patients. Dr. Johnson responded to committee questions regarding the instance of manslaughter charges against medical care personnel in Colorado and whether the bill will make it easier for doctors to provide physician-assisted suicide.

Dr. Johnson responded to additional committee questions regarding whether palliative care hastens death.

11:01 AM

David Link, M.D., spoke in support of the bill and described the experiences of individuals needing pain relief at the end of life.

11:04 AM

Corot Kassner, Ph.D., Colorado Hospice Organization, Colorado Palliative Care Partnership, spoke in support of the bill and he explained the role of hospice in providing palliative care at the end of life. He responded to earlier committee questions regarding the relationship between palliative care and physician-assisted suicide. He also asserted that the bill does not provide immunity to doctors for reckless behavior. He spoke to the kinds of conversations and documentation hospice encourages individuals to have with regard to the end of life (Attachment B).

11:06 AM

R.J. Ours, American Cancer Society, spoke in support of the bill. He spoke to the role pain management plays in the society's work and he spoke to the pain cancer patients suffer. He noted there are barriers to pain management under current law and indicated the bill will provide greater authority to doctors to provide pain management.

11:09 AM

John Stoffel, Alliance for Retired Americans, spoke in support of the bill. He spoke to the need for pain management at the end of life.

11:11 AM

Representative Larson provided closing comments on the bill.


BILL:	SB06-102
TIME:	11:11:48 AM
MOVED:	McGihon
MOTION:	Prepared amendment L.002 (Attachment C). The amendment was withdrawn after committee discussion.
SECONDED:	Decker
		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: WITHDRAWN

Mary Kay Hogan provided input on prepared amendment L.002.


BILL:	SB06-102
TIME:	11:16:33 AM
MOVED:
MOTION:
SECONDED:
		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

11:18 AM

Representative Larson provided closing comments on the bill and spoke to an incident in his district in which a doctor was charged with manslaughter for providing palliative care to a patient who died. The charges were later withdrawn.


BILL:	SB06-102
TIME:	11:19:05 AM
MOVED:	McGihon
MOTION:	Refer the bill to the Committee of the Whole. The motion carried on an 11-0 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

11:21 AM -- Senate Bill 06-051

Representative Weissmann, bill sponsor, explained the provisions of HB 06-051 to close a loophole allowing incumbent candidates to take cash as gifts. A prepared amendment (L.011, Attachment D) allows for gifts of tuition to legislative conferences. Representative Weissmann responded to committee questions regarding the ability to accept cash gifts that are deposited to office accounts. The committee discussed the kinds of expenses legislators incur; particularly the different kinds of expenses incurred by legislators from different kinds of districts. Representative Weissmann further responded to committee questions regarding the allowance for travel expenses....

11:35 AM

Pete Maysmith, Colorado Common Cause, spoke in support of the bill. He noted the bill is intended to target office accounts because of the lack of parameters and requirements for reporting, disclosure, size, and source around these accounts. He clarified the bill is not intended to prevent trips to conferences or trips with groups to observe other governments in other countries, for instance. Mr. Maysmith responded to a committee question regarding the need to increase the number of times per year legislators must disclose gifts received from once per year which is required under current law. Mr. Maysmith responded to additional committee questions regarding the operation, need for, and reporting of office accounts.

Representative Weissmann additionally responded to committee questions regarding the definition of "official duties" as used in the bill and how "official duties" are distinguished from political activities.


BILL:	SB06-051
TIME:	11:46:28 AM
MOVED:	Witwer
MOTION:	Prepared amendment L.010 (Attachment E). The motion carried without objection.
SECONDED:	Judd
		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:	SB06-051
TIME:	11:47:59 AM
MOVED:	Carroll M.
MOTION:	Prepared amendment L.011 (Attachment D) as amended (see below). The motion carried without objection.
SECONDED:	Judd
		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:	SB06-051
TIME:	11:50:11 AM
MOVED:	Carroll T.
MOTION:	Amend prepared amendment (L.011, Attachment D), page 1, line 4, strike "LEGISLATIVE". The motion carried without objection
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: Pass Without Objection

11:51 AM

Representative Weissmann provided closing comments on the bill.


BILL:	SB06-051
TIME:	11:51:54 AM
MOVED:	Carroll M.
MOTION:	Refer the bill to the Committee of the Whole. The motion carried on an 11-0 roll call vote.
SECONDED:	Witwer
		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

11:59 AM

Adjourned.