Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:02/15/2006
ATTENDANCE
Time:01:39 PM to 03:06 PM
Bacon
X
Dyer
X
Place:SCR 356
Gordon
*
Mitchell
X
This Meeting was called to order by
Traylor
*
Senator Grossman
Shaffer
*
Grossman
X
This Report was prepared by
Jessika Shipley
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB06-061
HB06-1027
HB06-1049		Amended, Referred to Appropriations
Referred to the Committee of the Whole
Referred to the Committee of the Whole


01:39 PM -- Senate Bill 06-061

Senator Keller, prime sponsor, presented SB 06-061 concerning providing interpretation in legal situations for persons with hearing loss. The bill transfers the authority for overseeing the provision of interpreters and auxiliary services for persons who are deaf or hard of hearing from the Division of Rehabilitation in the Department of Human Services to the Colorado Commission for the Deaf and Hard of Hearing in the Department of Human Services. It also identifies the circumstances under which the presiding officer or similar official of a court, board, commission, agency, or licensing or law enforcement authority of the state or any of the political subdivisions shall provide an interpreter or auxiliary services to a person who is deaf or hard of hearing. Senator Keller explained the amendments she wants to offer (Amendments A-F).

01:46 PM -- J.M. Fay, private citizen, spoke in opposition to the bill. Ms. Fay provided a written statement to the committee, which was read by an interpreter (Attachment G). Her statement stressed that the bill does not address all disabled individuals in the state.

01:55 PM -- Linda Remmel, private citizen, spoke in favor of the bill. Ms. Remmel is a certified interpreter and an educator in the field of interpreting. She discussed the field of legal interpretation and the problems in relation to law enforcement and the judicial system. She also spoke about the decentralization of legal interpretation and the difficulties that present to deaf or hard of hearing individuals in legal settings. She stressed her support for the centralization of services, which would insure standardization in quality. Ms. Remmel responded to questions from the committee regarding the concerns of the prior witness in terms of speech-impaired individuals.







02:02 PM -- Jennifer Pfau, Legal Center for People with Disabilities and Elderly People, spoke in support of the bill. Ms. Pfau is a rights advocate who works with people with disabilities who are having difficulties accessing the legal system. Transferring the authority for overseeing the provision of interpreters will insure that all legal interpreters have the necessary expertise to meet the needs of deaf and hearing impaired individuals. Ms. Pfau provided some anecdotal evidence of problems encountered by deaf or hard of hearing individuals when interacting with the legal system. She also provided a fact sheet from the Legal Center for People with Disabilities and Elderly People regarding the bill (Attachment H)

02:06 PM -- Dane Seaver, private citizen, spoke in support of the bill. Mr. Seaver stressed that individuals who are deaf or hard of hearing wish the same opportunities to be involved in the legal system as any other Colorado citizen.

02:07 PM -- Susan Dickenson, Colorado Commission for the Deaf and Hard of Hearing (CCDHH), spoke in support of the bill. Ms. Dickenson spoke about the establishment of the CCDHH. She discussed the mission of the CCDHH and stated that it is the proper organization to have the authority for overseeing the provision of interpreters and auxiliary services for persons who are deaf or hard of hearing. Ms. Dickenson explained that CCDHH has no political agenda, other than supporting the deaf and hard of hearing. She provided a fact sheet to the committee regarding CCDHH's position on Senate Bill 06-061 (Attachment I).

02:11 PM -- Debbie Mohney, CCDHH, spoke in support of the bill. Ms. Mohney discussed her experience with hard of hearing accommodations in the legal system. She provided a written statement to the committee (Attachment J).

02:13 PM -- Leanne Seaver, private citizen, spoke in support of the bill. Ms. Seaver reiterated the testimony of prior witnesses.

02:15 PM -- Michelle Muth Rodriguez, Colorado Association of the Deaf, spoke in support of the bill. Ms. Muth Rodriguez stated that the bill will improve access to the legal system for members of the deaf and hard of hearing community. She talked about a case of a deaf individual who had difficulty dealing with the legal system due to a lack of adequate interpretation services. Ms Muth Rodriguez stressed the importance of sign language to members of the deaf and hard of hearing communities and the need for qualified American Sign Language interpreters. She provided a written copy of her testimony to the committee (Attachment K).

02:18 PM -- Patricia Graves, certified Communication Access Realtime Translator (CART) provider, spoke in favor of the bill. Ms. Graves stated that the bill supports communication access.

02:19 PM -- Lorri Kosinski, legal interpreter, spoke in support of the bill. Ms. Kosinski spoke about her experience as a legal interpreter. She stressed the need for oversight and accountability in her field.

02:22 PM -- Sherry Kester, Colorado Judicial Branch, spoke in support of the bill. Ms. Kester acknowledged problems within the system and stated that the bill is a first step in dealing with those problems.














02:23 PM

Senator Keller wrapped up her presentation.
BILL:SB06-061
TIME: 02:24:10 PM
MOVED:Shaffer
MOTION:Moved prepared amendment L.003 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Bacon
Dyer
Gordon
Mitchell
Traylor
Shaffer
Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-061
TIME: 02:25:26 PM
MOVED:Shaffer
MOTION:Moved prepared amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Bacon
Dyer
Gordon
Mitchell
Traylor
Shaffer
Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-061
TIME: 02:26:04 PM
MOVED:Shaffer
MOTION:Moved prepared amendment L.008 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Bacon
Dyer
Gordon
Mitchell
Traylor
Shaffer
Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-061
TIME: 02:26:38 PM
MOVED:Shaffer
MOTION:Moved prepared amendment L.005 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Bacon
Dyer
Gordon
Mitchell
Traylor
Shaffer
Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-061
TIME: 02:27:43 PM
MOVED:Shaffer
MOTION:Moved prepared amendment L.007 (Attachment E). The motion passed without objection.
SECONDED:
VOTE
Bacon
Dyer
Gordon
Mitchell
Traylor
Shaffer
Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-061
TIME: 02:28:31 PM
MOVED:Shaffer
MOTION:Moved prepared amendment L.006 (Attachment F). The motion passed without objection.
SECONDED:
VOTE
Bacon
Dyer
Gordon
Mitchell
Traylor
Shaffer
Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-061
TIME: 02:30:03 PM
MOVED:Shaffer
MOTION:Refer the bill to the Committee on Appropriations, as amended, with a favorable recommendation. The motion passed on a unanimous roll call vote.
SECONDED:
VOTE
Bacon
Yes
Dyer
Yes
Gordon
Yes
Mitchell
Yes
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:35 PM -- House Bill 06-1027

Senator Johnson, sponsor, presented House Bill 06-1027 concerning persons authorized as police officers in Colorado. The bill clarifies peace officer status for municipal court marshals and public transit officers. It also eliminates the option of a municipal court marshal receiving reserve officer training in lieu of basic peace officer standards and training board certification training. Senator Johnson responded to questions from the committee as to the scope of the bill.

02:38 PM -- John Kammerzel, Peace Officer Standards and Training (POST) Board of the Colorado Attorney General's Office, spoke in support of the bill. Mr. Kammerzel is responsible for training and certification of peace officers in Colorado. He stated that the bill is a clarification and meets the requirements set by the legislature in 2004.

02:41 PM -- Peg Ackerman, County Sheriffs of Colorado, spoke in support of the bill. Ms Ackerman stated that the County Sheriffs fully support the idea that any peace officer be certified by the POST Board.




02:43 PM

Senator Johnson wrapped up his presentation.
BILL:HB06-1027
TIME: 02:43:29 PM
MOVED:Bacon
MOTION:Refer the bill to the Committee of the Whole with a favorable recommendation, and with a recommendation that it be placed on the consent calendar. The motion passed on a unanimous roll call vote.
SECONDED:
VOTE
Bacon
Yes
Dyer
Yes
Gordon
Yes
Mitchell
Yes
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:45 PM -- House Bill 06-1049

Senator Grossman, sponsor, presented House Bill 06-1049 concerning limitations on liability for owners of abandoned mining operations on land made available for public recreational purposes. The bill specifies that the definition of "land" and the exception to liability for maintaining an attractive nuisance include land subject to mining operations under federal or state law that were abandoned or left in inadequate reclamation status prior to certain dates. Senator Grossman read a letter into the record from a landowner who supports the bill (Attachment L). He also provided a Denver Post editorial on the subject to the committee (Attachment M). The committee discussed the issue of the relative litigiousness of society.

02:55 PM -- Jeff Ruebel, Colorado Civil Justice League, spoke in support of the bill. Mr. Ruebel pointed out that the bill fills holes in the current statute.

02:57 PM -- Julie McKenna, Colorado Trial Lawyers Association, spoke in support of the bill. Ms. McKenna stated that the bill was drafted in a way that allows her organization to support it.

02:57 PM -- T.J. Rappaport, Colorado Fourteeners Initiative, spoke in support of the bill. Mr. Rappaport acknowledged the generosity of private landowners who allow recreational land users to utilize private land.

03:00 PM -- Vera Smith, Colorado Mountain Club, spoke in support of the bill. Ms. Smith stated her hope that this bill will facilitate access to mountain lands.

03:02 PM -- Gary Thorson, Colorado Department of State Parks, spoke in support of the bill. Mr. Thorson discussed the fact that the bill will assist his department in dealing with issues of land management.






03:04 PM

Senator Grossman wrapped up his presentation of the bill.
BILL:HB06-1049
TIME: 03:05:39 PM
MOVED:Grossman
MOTION:Refer the bill to the Committee of the Whole with a favorable recommendation. The motion passed on a unanimous roll call vote.
SECONDED:
VOTE
Bacon
Yes
Dyer
Yes
Gordon
Yes
Mitchell
Yes
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:06 PM

Senator Shaffer adjourned the committee.