Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:03/06/2006
ATTENDANCE
Time:01:36 PM to 03:44 PM
Bacon
X
Dyer
X
Place:SCR 352
Gordon
*
Mitchell
E
This Meeting was called to order by
Traylor
X
Senator Grossman
Shaffer
X
Grossman
*
This Report was prepared by
Jessika Shipley
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1125
HB06-1103
HB06-1112
HB06-1179		Referred to the Committee of the Whole
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole


01:36 PM -- House Bill 06-1125

Senator Groff, prime sponsor, presented House Bill 06-1125 concerning the enforcement of an offense involving failure to use an appropriate motor vehicle restraining device. The bill makes it a primary offense, punishable as a class B traffic infraction, for a driver to operate a motor vehicle without the driver, certain children , and all front-seat passengers

01:40 PM -- Lloyd Pearson, private citizen, spoke in opposition to the bill. Mr. Pearson stated that the bill does not contain language for exemptions for citizens with a medical condition that makes wearing a seatbelt medically complicated. He provided written testimony to the committee (Attachment A). He discussed his medical condition and the difficulty of wearing a seatbelt. He asked the committee to consider an exemption for individuals who have a medical reason for not wearing a seatbelt. The committee discussed an available waiver from the Department of Revenue for medical reasons.

01:50 PM -- Herman Stockinger, Colorado Department of Transportation, spoke in support of the bill. Mr. Stockinger stated that the bill is about saving lives. He talked about the federal incentives offered to states that pass this law. He offered to work with Mr. Pearson on an understanding of the current Department of Revenue waiver that would allow him to drive without a seatbelt for medical reasons.

01:53 PM -- Alexa Gromko, AAA Colorado and the Colorado Safety Belt Coalition, spoke in support of the bill. Ms. Gromko talked about safety belt usage being the major priority of AAA Colorado. She showed several responses from a survey of AAA members regarding seat belt usage. She provided statistics to the committee regarding traffic fatalities (Attachments B and C).






01:57 PM -- Dennis O'Malley, Craig Hospital, spoke in support of the bill. Mr. O'Malley gave several statistics regarding traffic fatalities and injuries where seatbelts were not worn. He stated that primary enforcement will lead to fewer injuries and fatalities. He talked about the financial savings realized by wearing seatbelts, including Medicare and Medicaid savings. Mr. O'Malley addressed the issue of personal freedom, but stated that an individual who is catastrophically injured infringes on the personal freedom of other citizens in terms of higher insurance premiums.

02:02 PM -- Major James Wolfenbarger, Colorado State Patrol, spoke in support of the bill. Major Wolfenbarger discussed statistics of fatal crashes in Colorado. He talked about wearing a seatbelt and how it more than doubles the chance that a person will survive an automobile crash. He stated that national statistics show that a law like this one will raise seatbelt compliance by 10 to 14 percent. He mentioned that the goal of laws like this one is voluntary compliance. Major Wolfenbarger responded to questions from the committee regarding the number of stops by the Colorado State Patrol for seatbelt violations. He also discussed the feasibility of enforcing such a law.

02:11 PM -- Jason Roosa and Anthony Foianini, Colorado Medical Society Student Section, spoke in favor of the bill. Mr. Roosa discussed the issue of seatbelts from the perspective of medical care providers. He provided a personal anecdote of an automobile accident that he witnessed. Mr. Foianini talked about what happens when an accident victim comes to a trauma room. He mentioned the large amount of resources that must be devoted to an unrestrained victim of an accident.

02:18 PM -- Sarah Holmes, private citizen, spoke in support of the seatbelts, but with the consideration for individuals who have medical conditions.

02:20 PM -- Emily Tompkins, Mothers Against Drunk Driving, spoke in favor of the bill. Ms. Tompkins stated that she supports the bill because it would likely decrease the number of victims of automobile accidents. She provided statistics of unrestrained children who were involved in accidents with drunk drivers.


02:23 PM

Senator Groff wrapped up his presentation of the bill.
BILL:HB06-1125
TIME: 02:29:08 PM
MOVED:Gordon
MOTION:Refer House Bill 06-1125 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Bacon
Yes
Dyer
Yes
Gordon
Yes
Mitchell
Excused
Traylor
Yes
Shaffer
Excused
Grossman
Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS





02:32 PM -- House Bill 06-1103

Senator Hanna, sponsor, presented House Bill 06-1103 concerning forfeiture provisions in agreements affecting in facilities providing residential care. The bill gives a person residing in a residential care facility the right to a contract or written agreement that contains fair lease provisions concerning the forfeiture of any rent paid. It requires that the provisions of any contract or written agreement regarding the forfeiture appear on the front page of the contract in no less than 12-point bold-faced type. The bill states that any contract clause or lease provision that results in or requires forfeiture of rent following the one-month period after a person residing in the facility moves due to a medical condition or dies during the term of the contract or lease shall be deemed against public policy and shall be void.

02:35 PM -- Dean Painter, Colorado Association of Homes and Services for the Aging, spoke in support of the bill. Reverend Painter believes that the bill provides for better clarification in residential care facility contracts.

02:38 PM -- Jack Duffy, American Association of Retired Persons, spoke in favor of the bill. Mr. Duffy stated that individuals who are affected by this bill are a vulnerable population and clarity is very important.

02:40 PM -- Charles Carter, Colorado Senior Lobby and the National Active and Retired Federal Employees, spoke in support of the bill. Mr. Carter spoke about common practice in residential care facility contracts. He talked about the financial burden on families of patients who die and forfeit rent.

02:49 PM -- Marilyn Lang, H.E.L.P., spoke in favor of the bill. Ms. Lang discussed the complexity of assisted living contracts. She asked the an amendment be made to specify a room or apartment in a facility. Ms. Lang also raised a concern about who receives an applicable refund.

02:53 PM -- Reverend Painter returned to the table to explain the provision in the bill that would void a contract in the event that the contract does not comply with the law.
BILL:HB06-1103
TIME: 02:56:25 PM
MOVED:Bacon
MOTION:Refer House Bill 06-1103 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 3-2, with two excused.
SECONDED:
VOTE
Bacon
Yes
Dyer
No
Gordon
Yes
Mitchell
Excused
Traylor
No
Shaffer
Excused
Grossman
Yes
Final YES: 3 NO: 2 EXC: 2 ABS: 0 FINAL ACTION: PASS









03:00 PM -- House Bill 06-1112

Senator Veiga, sponsor, presented House Bill 06-1112 concerning changes to conform Colorado juvenile law to federal law. The bill attempts to adjust several provisions of juvenile law in order to bring those provisions into compliance with federal law in an effort to comply with the Juvenile Justice and Delinquency Act.

03:03 PM -- Meg Williams, Colorado Department of Public Safety, spoke in favor of the bill. Ms. Williams explained the technical aspects of the bill and stated the goal of the bill, which is to have Colorado law mirror federal law in terms of housing juvenile offenders. In response to questions from the committee, Ms. Williams discussed situations in which juveniles may be comingled with adults in the prison population. She also stated that full compliance with the Juvenile Justice and Delinquency Act is required in order to receive full funding from the federal government.

03:06 PM -- Susan Davis, Colorado Department of Public Safety, answered questions about juveniles in the justice system. She stated that juveniles who have been filed on as adults can be comingled with the adult population in a holding facility. The committee discussed the issue of juveniles who are charged as adults.

03:12 PM -- Peg Ackerman, County Sheriff's of Colorado, spoke in favor of the bill. Ms. Ackerman stated that every sheriff in Colorado makes every effort to segregate juveniles from the adult population.

03:14 PM -- Anne Marie Jensen, Colorado Association of Chiefs of Police, spoke in favor of the bill with prepared amendment L.004 (Attachment D).
BILL:HB06-1112
TIME: 03:16:39 PM
MOVED:Bacon
MOTION:Moved prepared amendment L.004 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Bacon
Dyer
Gordon
Mitchell
Excused
Traylor
Shaffer
Grossman
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection














BILL:HB06-1112
TIME: 03:17:14 PM
MOVED:Gordon
MOTION:Refer House Bill 06-1112 to the Committee of the Whole, as amended, with a favorable recommendation and with a recommendation that it be placed on the consent calendar. The motion passed on a unanimous vote.
SECONDED:
VOTE
Bacon
Yes
Dyer
Yes
Gordon
Yes
Mitchell
Excused
Traylor
Yes
Shaffer
Excused
Grossman
Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


03:20 PM

The committee took a brief recess to find the next bill sponsor.


03:25 PM -- House Bill 06-1179

Senator Tapia, sponsor, presented House Bill 06-1179 concerning peace officer authority in Colorado for certain federal law enforcement officers. The bill provides Federal Bureau of Investigation and United States Bureau of Alcohol, Tobacco, Firearms, and Explosives special agents with limited peace officer authority in Colorado. The House amended the bill to read that nothing in the statute shall be construed to expand the authority of federal law enforcement officers to initiate or conduct an independent investigation into violations of Colorado law.

03:29 PM -- John Kammerzel, Peace Officer Standards and Training Board, spoke in favor of the bill. Mr. Kammerzel discussed the credentialing process for peace officers in Colorado.

03:33 PM -- Richard Powers, Federal Bureau of Investigation, spoke in support of the bill. Special Agent Powers discussed the safety of communities and the presence of federal agents on various crime task forces at a local level. Many of these federal agents are put in situations where they are asked to take action to prevent a crime, but do not have the official authority to do so. He also discussed efforts in other states to provide federal agents with limited peace officer authority. Special Agent Powers talked about the problems with a federal agents who intervenes in the commission of a state crime.

03:38 PM -- Doug Darr, County Sheriffs of Colorado, spoke in favor of the bill. Sheriff Darr discussed the issue of task forces that combine federal, state and local law enforcement officials. He stated his support for limited peace officer authority for federal agents working on such task forces.









03:40 PM

Senator Tapia wrapped up his presentation and pointed out the House amendment mentioned above.
BILL:HB06-1179
TIME: 03:42:09 PM
MOVED:Grossman
MOTION:Moved a conceptual amendment that would insert "OR CREATE A WAIVER OF SOVEREIGN IMMUNITY" on line 15, after "INDEMNIFICATION." The motion passed without objection.
SECONDED:
VOTE
Bacon
Dyer
Gordon
Mitchell
Excused
Traylor
Shaffer
Grossman
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1179
TIME: 03:43:00 PM
MOVED:Gordon
MOTION:Refer House Bill 06-1179 to the Committee of the Whole, as amended, with a favorable recommendation and with a recommendation that it be placed on the consent calendar. The motion passed on a unanimous vote.
SECONDED:
VOTE
Bacon
Yes
Dyer
Yes
Gordon
Yes
Mitchell
Excused
Traylor
Yes
Shaffer
Excused
Grossman
Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


03:44 PM

Senator Grossman adjourned the committee.