House Committee on Judiciary (02/23/2006)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	02/23/2006	ATTENDANCE

Time:	01:40 PM to 09:32 PM	Boyd	X
		Cadman	X
Place:	HCR 0112	Clapp	X
		Decker	X
This Meeting was called to order by		Gardner	X
	Representative Carroll T.	Jahn	X
		Judd	X
This Report was prepared by		McGihon	X
	Jennifer Moe	Witwer	X
		Carroll M.	X
		Carroll T.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB06-1344 HB06-1248 HB06-1066 HB06-1296 HB06-1345 HB06-1273 HB06-1323 HB06-1258 HB06-1273 HB06-1205 HB06-1326 HB06-1246 HB06-1334		Amended, Referred to Finance Postponed Indefinitely Amended, Referred to the Committee of the Whole Laid Over Postponed Indefinitely Amended, Referred to the Committee of the Whole Referred to Finance Witness Testimony Only Amended, Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to Appropriations Postponed Indefinitely Referred to the Committee of the Whole

01:41 PM -- House Bill 06-1344 (action only)

The chairman called the committee to order. A quorum was present. Representative Plant, prime sponsor of HB 06-1344, came to the table so the committee could take action on his bill, which establishes domestic partnerships in Colorado, upon voter approval, and provides the means for terminating domestic partnerships. Testimony on the bill was heard on February 21, 2006. Representative Plant distributed Amendment L.001 (Attachment A), and commented on the need for the bill.


BILL:	HB06-1344
TIME:	01:45:46 PM
MOVED:	Decker
MOTION:	Adopt Amendment L.001 (Attachment A). The chairman ruled that the amendment did not fit under the title of the bill.
SECONDED:	Cadman
		VOTE
	Boyd
	Cadman
	Clapp
	Decker
	Gardner
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB06-1344
TIME:	01:52:54 PM
MOVED:	Boyd
MOTION:	Refer HB 06-1344 to the Committee on Finance. The motion passed on a vote of 7-4.
SECONDED:	McGihon
		VOTE
	Boyd	Yes
	Cadman	No
	Clapp	No
	Decker	No
	Gardner	No
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:56 PM -- House Bill 06-1248 (action only)

Representative Frangas, prime sponsor of HB 06-1248, came to the table for action on the bill, which prohibits the sale of aerosol paint cans, tobacco-rolling papers, or any other item that may be used to smoke tobacco to an individual under the age of 18. Testimony on the bill was taken on February 21, 2006. Committee members were provided with Amendment L.002 (Attachment B).


BILL:	HB06-1248
TIME:	01:56:18 PM
MOVED:	McGihon
MOTION:	Adopt Amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Judd
		VOTE
	Boyd
	Cadman
	Clapp
	Decker
	Gardner
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1248
TIME:	01:57:08 PM
MOVED:	Judd
MOTION:	Refer HB 06-1248, as amended, to the Committee of the Whole. The motion failed on a vote of 4-7.
SECONDED:	Boyd
		VOTE
	Boyd	Yes
	Cadman	No
	Clapp	No
	Decker	No
	Gardner	No
	Jahn	No
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	No
	Carroll T.	No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1248
TIME:	02:09:11 PM
MOVED:	Cadman
MOTION:	Postpone House Bill 06-1248 indefinitely. The motion carried on a vote of 7-4.
SECONDED:	Gardner
		VOTE
	Boyd	No
	Cadman	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Jahn	Yes
	Judd	No
	McGihon	No
	Witwer	No
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:10 PM -- House Bill 06-1066 (action only)

Representative Boyd, prime sponsor, offered two amendments to HB 06-1066. Testimony on the bill, which extends existing protections for consumers under the Colorado Fair Debt Collection Practices Act to private child support collectors, was heard on January 19, 2006. Committee members were provided with Amendments L.004 (Attachment C) and L.005 (Attachment D).


BILL:	HB06-1066
TIME:	02:11:49 PM
MOVED:	Boyd
MOTION:	Adopt Amendment L.004 (Attachment C). The motion passed without objection.
SECONDED:	McGihon
		VOTE
	Boyd
	Cadman
	Clapp
	Decker
	Gardner
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1066
TIME:	02:15:32 PM
MOVED:	Boyd
MOTION:	Adopt Amendment L.005 (Attachment D). The motion passed without objection.
SECONDED:	McGihon
		VOTE
	Boyd
	Cadman
	Clapp
	Decker
	Gardner
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1066
TIME:	02:28:26 PM
MOVED:	Boyd
MOTION:	Refer HB 06-1066, as amended, to the Committee of the Whole. The motion passed on a vote of 6-5.
SECONDED:	Carroll M.
		VOTE
	Boyd	Yes
	Cadman	No
	Clapp	No
	Decker	No
	Gardner	No
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	No
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:34 PM -- House Bill 06-1296

Representative Penry, prime sponsor, presented House Bill 06-1296, which concerns increasing the penalties for violations of illegal possession of alcohol by an underage person. Among other things, the bill would allow the Department of Revenue to revoke a minor's driver's license for a second or subsequent offense prior to conviction in a court of law.

02:38 PM -- Ms. Ruth Michaels, representing the Mesa County Underage Drinking Task Force, spoke in favor of the bill. Ms. Michaels discussed the genesis of the bill. She provided a packet of information regarding underage drinking (Attachment E), and spoke specifically about the problems of binge drinking. Ms. Michaels responded to questions from the committee regarding the procedure for increased penalties under the bill.

02:47 PM -- Mr. Jeff Wells, representing the Grand Junction Police Department, spoke in favor of the bill. Officer Wells provided lengthy statistics regarding underage drinking in Mesa County. He discussed the key issues addressed by the bill: prevention, enforcement, and intervention. Officer Wells explained that he works with underage drinking offenders and asked them what would deter them from drinking. Many responded that affecting driving privileges would be an effective way to do that. Officer Wells responded to questions from the committee regarding a process for tracking these offenses.

02:55 PM -- Mr. Dan Rubenstein, Deputy District Attorney, spoke in favor of the bill. Mr. Rubenstein discussed his participation in the drafting of the bill. He provided a technical explanation of the process of managing license revocations and underage drinking actions. Mr. Rubenstein listed the offenses that do not involve driving that can result in a license revocation. He responded to questions from the committee regarding the effectiveness of revoking a driver's license. The committee had a lengthy discussion regarding the process of handling the progressive process of underage drinking convictions in juvenile court and criminal court. Mr. Rubenstein explained the procedure for a juvenile delinquency proceeding.

03:15 PM -- Ms. Margaret Pearson, representing herself, spoke in favor of the bill. Ms. Pearson reiterated the testimony of Officer Wells regarding prevention, enforcement, and intervention.

03:17 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in opposition to the bill. Ms. Cain discussed her understanding of the bill, stating support for the bill's provisions regarding community service and intervention. Ms. Cain stated her concerns about the mandatory language in the bill. She responded to questions from the committee regarding due process concerns with the bill. The committee had a lengthy discussion about the age of the individuals affected by the bill and the possible due process problems that could arise with the revocation of a license.

03:32 PM -- Ms. Mary Sharon Wells, representing herself as a private citizen, spoke in support of the bill. Ms. Wells discussed her experience with the Build A Generation Program, which is now defunct. She indicated that the bill will act as a deterrent to underage drinking.

03:35 PM -- Mr. Steve Finley, representing the Colorado Beer Distributors Association, spoke in favor of the bill and the philosophy behind it.

03:37 PM

At the request of Representative Penry, the chairman laid the bill over for action at a later date.
03:39 PM -- House Bill 06-1345

Representative Sullivan, prime sponsor, came to the table to present HB 06-1345, which makes a number of provisions to prevent the fraud of vulnerable victims. He asked the committee to postpone the bill indefinitely.


BILL:	HB06-1258
TIME:	03:40:02 PM
MOVED:	Cadman
MOTION:	Postpone HB 06-1258 indefinitely. The motion passed on a vote of 10-0-1.
SECONDED:	McGihon
		VOTE
	Boyd	Yes
	Cadman	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Excused
Not Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

After the vote was finalized on the previous motion, it was realized that the motion involved the wrong bill.


BILL:	HB06-1345
TIME:	03:41:46 PM
MOVED:	Cadman
MOTION:	Reconsider the previous motion to postpone HB 06-1258 indefinitely. The motion requires an affirmative vote of two thirds of the committee. The motion carried on a vote of 9-1-1.
SECONDED:	McGihon
		VOTE
	Boyd	Yes
	Cadman	Yes
	Clapp	Yes
	Decker	No
	Gardner	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Excused
Not Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1345
TIME:	03:42:54 PM
MOVED:	Cadman
MOTION:	Postpone HB 06-1345 indefinitely. The motion carried on a vote of 10-0-1.
SECONDED:	McGihon
		VOTE
	Boyd	Yes
	Cadman	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Excused
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:44 PM -- House Bill 06-1273

Representative Liston, prime sponsor, presented House Bill 06-1273, which makes several changes to current law concerning the disposition of last remains. He distributed a memorandum prepared by Legislative Council Staff entitled "Disposition of the Remains of a Decedent" (Attachment F). Committee members were provided with Amendment L.001 (Attachment G).

03:49 PM -- Mr. Chuck Bowman, representing the Colorado Funeral Directors Association, spoke in favor of the bill. Mr. Bowman worked on the drafting of a similar bill in 2003, which created some ambiguities in the law. He believes this bill addresses those ambiguities. Mr. Bowman responded to questions from the committee regarding the need for this legislation.

03:56 PM -- Mr. Mark Masters, representing the Colorado Bar Association, spoke in favor of the bill, except for Section 5. Mr. Masters believes that Section 5 defeats a decedent's intent in terms of the disposition of remains. Representative Liston distributed Amendment L.003, which addresses Section 5 of the bill (Attachment H). Mr. Masters stated that the amendment does not address all of his concerns regarding Section 5.

04:05 PM -- Mr. Eric Wolverton, representing the funeral industry, spoke in favor of the bill. He explained that problems arise in the situation where there is confusion about who is responsible for the disposition of a specific decedent. Mr. Wolverton stated that a situation like that one results in the process being halted until the confusion is resolved. The committee had a lengthy discussion about how the bill addresses the will of a decedent.

04:27 PM -- Mr. Rick Miller, representing the funeral industry, spoke in favor of the bill. Mr. Miller stressed that he supports the original intent and spirit of the 2003 law, but he has identified some lack of clarity that exists within the law. He believes this bill addresses those ambiguities. Mr. Miller stated that the decedent has the ability to speak directly through his or her last declaration. The committee discussed the clarity of the definition of a declaration within current law and in the bill. Mr. Miller responded to questions from the committee regarding the written declaration and the expression of a decedent's wishes with respect to final disposition.

04:44 PM -- Mr. Daniel Willis, representing himself, spoke in support of the bill, citing how it would have helped in a situation he experienced.

04:47 PM

The chairman closed public testimony, and the committee began considering amendments.


BILL:	HB06-1273
TIME:	04:48:39 PM
MOVED:	Judd
MOTION:	Move Amendment L.001 (Attachment G). The motion was not acted upon right away because the chairman laid the bill over (see below). The motion was eventually withdrawn later in the meeting.
SECONDED:	Boyd
		VOTE
	Boyd
	Cadman
	Clapp
	Decker
	Gardner
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB06-1273
TIME:	04:49:50 PM
MOVED:	Clapp
MOTION:	Substitute motion to move Amendment L.003 (Attachment H). Representative Judd asked that the amendment be severed between lines 2 and 3, and the chair ruled the amendment was severable as follows: page 1, lines 1 and 2 (severed section 1) and lines 3 through 10 (severed section 2). Following discussion and a brief recess, Representative Judd withdrew his request to sever the amendment. The motion was eventually withdrawn later in the meeting.
SECONDED:	Cadman
		VOTE
	Boyd
	Cadman
	Clapp
	Decker
	Gardner
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE

04:53 PM

The chairman laid the bill over two bills so amendments could be drafted to address concerns.
04:56 PM -- House Bill 06-1323

Representative Marshall, prime sponsor of HB 06-1323, described the purpose of the bill, explaining how it will address fraud in the mortgage lending market and speaking to some of the bill's provisions. The bill imposes a mandatory minimum fine of $75,000 for residential mortgage fraud. In addition, the bill prohibits a court from accepting plea bargains unless it includes an order of restitution to the victim. Finally, the bill gives the state's Attorney General concurrent jurisdiction to prosecute mortgage fraud. Representative Marshall responded to questions from the committee.

The following people testified on the bill:

05:02 PM -- Mr. Peter Minahan, representing the Colorado Financial Services Industry and the Lenders Coalition, spoke in support of the bill because its provisions reach broadly to include all parties in the loan process.

05:04 PM -- Ms. Julie Reiskin and Ms. Jeanette Klimach, both representing the Colorado Cross Disability Coalition, spoke in favor of the bill. Ms. Reiskin praised the restitution component of the bill. Ms. Klimach indicated her support for the bill because of her problematic experience with a mortgage lender. Ms. Reiskin responded to questions from the committee regarding tools in this bill that are not already in current law and how the district attorneys will use the bill's provisions.

05:10 PM -- Ms. Renee Beauregard, representing Consumers United Association, spoke in favor of the bill and agreed with previous testimony. She believes the bill will act as a deterrent.

05:11 PM -- Mr. Bart Bartholomew, representing the Colorado Association of Mortgage Brokers, spoke in favor of the bill as a deterrent. He believes the bill allows individuals to right a wrong situation.

05:12 PM

The chairman closed public testimony. No amendments were offered by the committee members or the sponsor.


BILL:	HB06-1323
TIME:	05:13:21 PM
MOVED:	Clapp
MOTION:	Refer HB 06-1323 to the Committee on Finance. The motion carried unanimously.
SECONDED:	Decker
		VOTE
	Boyd	Yes
	Cadman	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	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

05:10 PM -- House Bill 06-1258

The committee recessed.

05:25 PM

The committee reconvened. Representative McGihon, prime sponsor, came to the table to present HB 06-1258, which enacts the Uniform Trust Code. She asked that, in lieu of walking the committee through the bill, her time be given to her witnesses. The chairman announced that testimony would be limited to one hour total and that additional testimony would be taken at a future date. Committee members were provided with information about supplemental needs trusts and the bill (Attachment I).

The following people testified on the bill:

05:27 PM -- Mr. Scot Boulton, representing the Colorado Bar Association, spoke in favor of the bill. He provided background on the genesis of the Uniform Trust Code and the code's impact on litigation costs in other states, discussing provisions in the code that have assisted with this. He explained that the uniform code balances the interests of a number of parties in a trust; he identified the various parties and explained how each benefits from the code. Mr. Boulton also described various provisions of the uniform code. Mr. Boulton's statement of support was distributed to the committee (Attachment J), along with a statement of support from Mr. Alan Newman (Attachment K). He then answered questions from the committee.

05:49 PM -- Mr. Mark Merric, representing the Colorado Estate Planning Education Council, spoke in opposition to the bill. He asked those in the room representing various industries who are parties in a trust to stand and demonstrate their opposition to the bill, and a number of individuals stood. Committee members were provided with a discussion of problem areas in the Uniform Trust Code (Attachment L), and the testimony of Mr. Richard W. Nenno (Attachment M). Mr. Merric proceeded to describe problems with the Uniform Trust Code, referring to Attachment L. He answered questions from the committee.

06:03 PM -- Ms. Karen Brady, representing private citizens as an estate planning attorney, spoke in opposition to the bill. She discussed her biggest concern: that the bill would limit the ability of a qualified beneficiary to do a charitable trust because it will make private information related to the trust available to the Attorney General and the affected individual would have no control over such release.

06:07 PM -- Ms. Gina McLaughlin, representing Pueblo Bank and Trust, spoke in opposition to the bill. She described the services her organization provides and expressed concern that adoption of the Uniform Trust Code could negatively impact trust business in Colorado. She explained the reasons for her concern. She noted that the Independent Bankers of Colorado is also opposed to the bill. She answered questions from the committee. The sponsor also asked some questions of the witness.

06:12 PM -- Mr. Hartman Axley, representing the Colorado Association of Insurance and Financial Advisors, spoke in opposition to the bill for a number of reasons, including the fact that none of the witnesses had indicated that any damage could result if the Uniform Trust Code was not adopted.

06:17 PM -- Ms. McLaughlin returned to the table to clarify her previous testimony, stating that she is still not satisfied with a strike-below amendment that had been circulated because the amendment does not address her concerns with the bill.

06:18 PM -- Mr. Boulton returned to the table, speaking to and refuting points raised by the opposition in prior testimony. He stated that this is not a big bank bill, and he is not aware of trust business pulling out of a state because that state had adopted the Uniform Trust Code.

06:23 PM -- Mr. Alan Newman, representing the Colorado Bar Association, spoke in support of the bill. He cited his experience with law in general, particularly the Uniform Trust Code. He spoke about how Article 5 in the bill strengthens trust law regarding spendthrift provisions and forced distributions by creditors, and how it provides protections for spouse beneficiaries and trustees. He noted that, with one exception, the Uniform Trust Code does not address discretionary distribution rights. He responded to questions from the committee.

06:37 PM -- Mr. John Keilbach, representing himself as an attorney, and Mr. Brian Nielson, representing the Colorado Estate Planning Education Council, introduced themselves and spoke in opposition to the bill. Mr. Keilbach spoke cited concerns raised by attorneys who practice trust law in Missouri regarding the Missouri Uniform Trust Code law. He believes that it is important for settlors to control their property, not the courts or other parties. He responded to questions from the sponsor, who pointed out that the provisions cited in Missouri law were not part of the uniform code and that there is a difference between revocable trusts and irrevocable trusts. Mr. Nielson discussed provisions in the Uniform Trust Code that will create problems under Colorado law. Mr. Keilbach clarified his testimony about revocable versus irrevocable trusts in Missouri law, and Ms. McLaughlin noted the same. Committee members were provided with an article from the Journal of the Missouri Bar concerning revocable trusts issues (Attachment N).

06:47 PM -- Mr. Boulton returned to the table to speak about various issues raised in previous testimony.

06:51 PM

The chairman laid the bill over for further testimony and action at a later date.
06:52 PM -- House Bill 06-1273

Representative Liston returned to the table for the committee to consider amendments to HB 06-1273. Committee members were provided with Amendment L.004 (Attachment O). The committee recessed to gather members and determine how to proceed, as other amendments had been moved but not yet acted upon.

06:57 PM

The committee reconvened. Representative Liston explained L.004. Representative Clapp withdrew her substitute motion to move Amendment L.003 (Attachment H), and Representative Cadman withdrew his second. Representative Judd withdrew his motion to move Amendment L.001 (Attachment G), and Representative Boyd withdrew her second.


BILL:	HB06-1273
TIME:	07:02:50 PM
MOVED:	Cadman
MOTION:	Adopt Amendment L.004 (Attachment O). The motion passed without objection.
SECONDED:	Witwer
		VOTE
	Boyd
	Cadman
	Clapp
	Decker
	Gardner
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1273
TIME:	07:03:35 PM
MOVED:	McGihon
MOTION:	Refer HB 06-1273, as amended, to the Committee of the Whole. The motion carried unanimously.
SECONDED:	Judd
		VOTE
	Boyd	Yes
	Cadman	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.
Final YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:04 PM -- House Bill 06-1205

Representative Rose, prime sponsor, spoke about HB 06-1205, which makes physician-client privilege inapplicable to the discovery of medical records when a party has asserted a personal injury claim that includes a physical or mental condition. He described the bill's provisions and its purpose, then distributed Amendment L.001 (Attachment P). The sponsor responded to questions from the committee.

The following people testified on the bill:

07:11 PM -- Dr. Jennifer Hagman, representing the Colorado Psychiatric Society and the Colorado Medical Society, spoke in opposition to the bill because it will have a chilling effect on physician-patient confidentiality.

07:13 PM -- Ms. Natalie Brown, representing the Colorado Trial Lawyers Association, spoke in opposition to the bill. She expressed concern that, among other things, it does not cover all medical records. She responded to questions from the committee.

07:20 PM -- Mr. Matthew Biscan, representing the Colorado Defense Lawyers Association, spoke in favor of the bill. He explained that the bill addresses recent Colorado Supreme Court rulings that have limited the parties who need relevant medical information from getting that information. He responded to questions from the committee.

07:25 PM -- Mr. Jim Puga, representing himself, spoke in opposition to the bill. He stated that there is no time limit on medical records that can be obtained under the bill's provisions, and explained why that could be problematic.

07:28 PM

The chairman closed public testimony, and the committee began considering amendments.


BILL:	HB06-1205
TIME:	07:28:49 PM
MOVED:	Decker
MOTION:	Adopt Amendment L.001 (Attachment P). The motion passed without objection.
SECONDED:	Clapp
		VOTE
	Boyd
	Cadman
	Clapp
	Decker
	Gardner
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

07:31 PM

The sponsor reiterated reasons why the bill is necessary.


BILL:	HB06-1205
TIME:	07:32:27 PM
MOVED:	Witwer
MOTION:	Refer HB 06-1205, as amended, to the Committee of the Whole. The motion failed on a vote of 5-6.
SECONDED:	Cadman
		VOTE
	Boyd	No
	Cadman	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Jahn	No
	Judd	No
	McGihon	No
	Witwer	Yes
	Carroll M.	No
	Carroll T.	No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1205
TIME:	07:33:15 PM
MOVED:	Judd
MOTION:	Postpone HB 06-1205 indefinitely. The motion carried on a vote of 6-5.
SECONDED:	Boyd
		VOTE
	Boyd	Yes
	Cadman	No
	Clapp	No
	Decker	No
	Gardner	No
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	No
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:33 PM -- House Bill 06-1326

The committee recessed.

07:42 PM

The committee reconvened. Representative Crane and Representative Riesberg, co-prime sponsors, presented HB 06-1326. The bill repeals existing crimes pertaining to identity theft and reorganizes them, along with related offenses, in one location under Colorado statutes. In addition, the bill makes the crime of identity theft a class 4 felony. Representative Crane explained how pervasive identity theft is in Colorado and the United States. Committee members were provided with Amendment L.001 (Attachment Q). Representative Riesberg spoke about the purpose of the bill and walked the committee through the bill's provisions.

The following people testified on the bill:

07:45 PM -- Mr. Scott Storey, representing the Colorado District Attorneys' Council as the District Attorney in Jefferson/Gilpin Counties, spoke in support of the bill. He described a crime in his district that occurred four years ago and involved identity theft, the consequences of which still linger with the victims and their credit. He cited Colorado's recent national rankings regarding the crime of identity theft, and noted other statistics regarding complaints and reports of identity theft. He described the impact of identity theft on business. He said that identity theft is currently prosecuted under Colorado law as racketeering (but it is difficult to build a case for this) or impersonation (but the penalty is too light), noting that Colorado is one of a handful of states without an identity theft law. He highlighted some provisions of the proposed statute, and answered questions from the committee.

08:02 PM -- Mr. Dana Smerchek, representing himself, spoke in favor of the bill. He described his background and his experience as a victim of identify theft. He described the difficulties associated with clearing his name on his credit report.

08:12 PM -- Mr. Chris Nelson, representing the Jefferson County Sheriffs Office, spoke in favor of the bill. He described the problems with current laws pertaining to identity theft, and explained why the bill was needed.

08:15 PM -- Mr. Rex Wilmouth, representing the Colorado Public Interest Research Group, spoke in favor of the bill. He said it takes victims an average of 600 hours and $1,500 to clear their names after having their identity stolen. He cited other statistics related to the crime of identity theft.

08:19 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, spoke in favor of the bill and said that it is a very necessary tool for local law enforcement.

Other people signed up to testify, but had to leave before the bill was considered by the committee.

08:20 PM
The chairman closed public testimony, and the committee began considering amendments.


BILL:	HB06-1326
TIME:	08:20:55 PM
MOVED:	Carroll T.
MOTION:	Adopt Amendment L.001 (Attachment Q). The motion passed without objection.
SECONDED:	Decker
		VOTE
	Boyd
	Cadman
	Clapp
	Decker
	Gardner
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1326
TIME:	08:21:43 PM
MOVED:	Jahn
MOTION:	Refer HB 06-1326, as amended, to the Committee on Appropriations. The motion carried unanimously.
SECONDED:	Cadman
		VOTE
	Boyd	Yes
	Cadman	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	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

08:22 PM -- House Bill 06-1246

Representative Gardner, prime sponsor, presented HB 06-1246. The bill creates a presumption that a defender who uses deadly physical force against an intruder in a home, vehicle, or temporary lodging has a reasonable fear of imminent death or serious bodily injury to himself or herself or another person. He explained why the bill was necessary, noting that it allows citizens to stand their ground when attacked, and allows someone who is attacked to use reasonable force in self-defense. He noted that the bill does not protect illegal actors and protects legal actors. He responded to questions from the committee.

The following people testified on the bill:

08:30 PM -- Mr. Bob Watson, representing the 13th Judicial District as its District Attorney, spoke in support of the bill. He described his work in criminal justice and his experience within the 13th Judicial District. He responded to questions from the committee and discussion ensued on a number of issues related to the bill.

08:55 PM -- Mr. Dave Thomas, representing the Colorado District Attorneys' Council, spoke in opposition to the bill and explained why.

09:05 PM -- Ms. Marilee Louis Posavec, representing the Greater Denver Million Mom Chapter, spoke in opposition to the bill because it expands the definition of dwellings and does not make it clear who prevails when these dwellings collide, and because it changes the term "reasonable belief" to "reasonable fear". She responded to questions from the committee.

09:09 PM -- Mr. Tom Mauser, representing Colorado Ceasefire, spoke in opposition to the bill.

09:15 PM -- Ms. Annmarie Jensen, representing the Colorado Association of the Chiefs of Police and the Colorado Coalition Against Domestic Violence, spoke in opposition to the bill. While the organizations support the concept of self-defense, they feel it expands self-defense to include force that may not be used judiciously.

Committee members were provided with a letter of support from Mr. Robert Edmiston, who had to leave the meeting before the bill was heard by the committee (Attachment R).

09:16 PM -- Mr. John Sternberg, representing himself and Rocky Mountain Gun Owners, spoke in support of the bill. He shared his background and experience with this issue.

09:21 PM

The chairman closed public testimony. No amendments were offered by the committee. The sponsor made closing comments on the bill, and committee members also commented.


BILL:	HB06-1246
TIME:	09:28:47 PM
MOVED:	Gardner
MOTION:	Refer HB 06-1246 to the Committee of the Whole. Before a vote was taken, a substitute motion was made and adopted (see below).
SECONDED:	Witwer
		VOTE
	Boyd
	Cadman
	Clapp
	Decker
	Gardner
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB06-1246
TIME:	09:29:20 PM
MOVED:	McGihon
MOTION:	Substitute motion to postpone HB 06-1246 indefinitely. The motion carried on a vote of 6-5.
SECONDED:	Carroll M.
		VOTE
	Boyd	Yes
	Cadman	No
	Clapp	No
	Decker	No
	Gardner	No
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	No
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:30 PM -- House Bill 06-1334

Representative Clapp, prime sponsor, summarized the provisions of her bill, which makes evaluations and reports that were submitted to the court in proceedings involving the allocation of parental responsibilities confidential. The bill also prohibits public inspection of such evaluations and reports without a court order. No witnesses were signed up or present to testify, and no amendments were offered by the committee.


BILL:	HB06-1334
TIME:	09:30:53 PM
MOVED:	Carroll T.
MOTION:	Refer HB 06-1334 to the Committee of the Whole. The motion carried unanimously.
SECONDED:	Jahn
		VOTE
	Boyd	Yes
	Cadman	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	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

09:31 PM

The committee adjourned.