Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:02/21/2006
ATTENDANCE
Time:10:24 AM to 12:34 PM
Boyd
X
Cadman
X
Place:HCR 0112
Clapp
*
Decker
X
This Meeting was called to order by
Gardner
X
Representative Carroll T.
Jahn
*
Judd
X
This Report was prepared by
McGihon
*
Carl Jarrett
Witwer
X
Carroll M.
X
Carroll T.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1238
HB06-1248
HB06-1282
HB06-1344
HB06-1344		Referred to the Committee of the Whole
Witness Testimony Only
Postponed Indefinitely
Witness Testimony Only
Witness Testimony Only


10:24 AM -- House Bill 06-1238

Representative Plant, bill sponsor, explained the provisions of HB 06-1238 that allow the Department of Corrections (DOC) to transfer inmates who have been approved for community corrections to nonresidential community corrections programs without the permission of the community corrections board (Attachment A).


10:30 AM

Jeaneene Miller, Department of Corrections, spoke in support of the bill. She provided background on the DOC's community programs and explained the bill will allow for greater coordination between community corrections programs and the DOC in coordinating planning and preparing for inmates' release.













BILL:HB06-1238
TIME: 10:34:06 AM
MOVED:Boyd
MOTION:Refer the bill to the Committee of the Whole. The motion carried on an 11-0 roll call vote.
SECONDED:Carroll M.
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


10:36 AM -- House Bill 06-1248

Representative Frangas, bill sponsor, provided an explanation of the provisions of HB 06-1248 that prohibit 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. Representative Frangas responded to committee questions regarding the affirmative defense on lines 14 through 17 of page 4, and regarding the various purposes for which individuals under the age of 18 legitimately use spray paint. He also responded to committee questions regarding the justification for affirmative defenses for using products that are not illegal.


10:46 AM

Chris Howes, Colorado Retail Council, spoke to his concerns with the bill. He spoke to the Denver City ordinance that requires spray paints to be locked up by retailers. He also spoke to problems the affirmative defense provisions present for retailers explaining that retailers would have to make a judgment about accepting a note from an individual's parents prior to the sale of prohibited items. He also suggested striking lines 18 through 22 on page 4 of the bill indicating home-rule municipalities can enact ordinances without this provision.
















10:52 AM

Mary Lou Chapman, Rocky Mountain Food Industry Association, spoke in opposition to the bill. She expressed concern for the possibility that clerks will have to judge whether the purchase of spray paint is for a use other than its intended use. She also expressed concern for the language in the bill "any other item" because it, as well, requires clerks to guess the purpose for which an item is being purchased. In response to a committee question, Ms. Chapman indicated most retailers keep items such as pipes and tobacco papers behind the counter with cigarettes.


10:58 AM

The bill was taken off the table.


10:58 AM -- House Bill 06-1282

Representative Gardner, bill sponsor, explained the provisions of HB 06-1282 regarding out-of-pocket losses and expenses in civil suits. He explained the bill as amended by proposed amendment L.001 (Attachment B) that addresses the difference between what is billed by health care providers and what is paid to the provider and the fact that the difference cannot be collected or claimed as out-of-pocket losses by the patient as economic damages in a civil suit.


11:03 AM

Robert Schuetze, Colorado Trial Lawyers Association, spoke in opposition to the bill as drafted and to the effect the bill would have had on various entities in recovering losses. He also spoke in opposition to the proposed amendment and explained the problems the bill presents for health care entities in recovering costs. He also questioned the lack of specificity the bill provides on just how much a plaintiff or claimant would be required to pay to satisfy a claim for medical expenses. In response to committee questions, Mr. Schuetze indicated that doctors would be prevented from collecting the full value of their services. In addition, there would be future litigation on recovering future medical costs and the costs of future medical services. In response to a committee question regarding the language preventing a plaintiff or claimant from presenting evidence of medical expenses greater than the amount to satisfy the medical expense, Mr. Schuetze indicated that while there are numerous rules on evidence, there is no similar provision elsewhere in the law.

Representative Gardner and Mr. Schuetze responded to numerous committee questions regarding the bill's provisions.


11:26 AM

David Diepenbrolk, Colorado Trial Lawyers Association, spoke in opposition to the bill. He spoke to the number of tort filings in Colorado and spoke to the degree to which the number of filings indicates that the issue the bill addresses is not a big problem in Colorado (Attachment C and Attachment D).









11:31 AM

David Munch spoke in support of the bill and explained how insurance contracts work with patients and providers. He spoke to how hospitals provide discounted services under the terms of a contract and to the gap between what is charged for services and for what has been agreed to as payment in full by an insurance company. He compared those costs with what the actual service may cost.


11:35 AM

Chris Miller, Kennedy, Childs, and Fogg, spoke in support of the bill. He provided an example of a case in which a patient was charged for services, the insurance paid a certain amount, and a lawsuit that would have allowed the patient to collect the difference between what was paid and what was billed. In response to a committee question, Mr. Miller indicated that in that case, the judge did not allow the difference to be considered by the jury. Mr. Kennedy responded to committee questions.
BILL:HB06-1282
TIME: 11:46:08 AM
MOVED:Gardner
MOTION:Prepared amendment L.001 (Attachment B). The motion carried on a 7-4 roll call vote.
SECONDED:Clapp
VOTE
Boyd
Yes
Cadman
Yes
Clapp
Yes
Decker
Yes
Gardner
Yes
Jahn
No
Judd
Yes
McGihon
No
Witwer
Yes
Carroll M.
No
Carroll T.
No
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


















11:47 AM

Representative Gardner provided closing comments on the bill.
BILL:HB06-1282
TIME: 11:48:28 AM
MOVED:Witwer
MOTION:Refer the bill to the Committee of the Whole. See substitute motion below.
SECONDED:Gardner
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: SEE SUBSTITUTE MOTION


BILL:HB06-1282
TIME: 11:48:44 AM
MOVED:McGihon
MOTION:SUBSTITUTE MOTION: Postpone the bill indefinitely. The motion carried on a 6-5 roll call vote.
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






11:49 AM -- House Bill 06-1344

Representative Plant, bill sponsor, provided an explanation of the provisions of HB 06-1344 regarding authorization of domestic partnerships for same-sex couples. He indicated the bill also addresses dissolution of a domestic partnership.


11:54 AM

John Chisei, spoke in support of the bill and provided the details of his partner's death and to problems he had being legally recognized after his partner's death.


12:02 PM

Elizabeth Bryant, Esq., spoke in support of the bill. She spoke to her experience as an attorney involved in estate planning for gays and lesbians and to the issues current law raises. She spoke to the lack of estate planning and to how that affects inhabitancy for gays and lesbians.


12:06 PM

Tim Sagan (Attachment E) and Ken Hoole spoke in support of the bill. Mr. Sagan provided information on his partnership with Mr. Hoole and he spoke to the legal inequities he and Mr. Hoole face as a same-sex couple.

Mr. Hoole spoke to problems related to health insurance and other benefits he and Mr. Sagan have faced as a same sex-couple (Attachment F).


12:12 PM

Phil Campbell, Colorado Clergy for Equality, spoke in support of the bill. He spoke to the need for the guarantee of equal protection under the law as provided in the bill.


12:16 PM

Carmah Lawler spoke in support of the bill. She spoke to the prevalence of same-sex couples in Colorado and to the lack of legal protections for these partnerships.


12:21 PM

Nelson Bock, Interfaith Alliance of Colorado, spoke in support of the bill. He spoke to the need for legally-recognized relationships for same-sex couples with rights and recognition in Colorado.









12:24 PM

Jeffrey Shaw, Colorado Stonewall Democrats, spoke in support of the bill (Attachment G).


12:25 PM

Michael Brewer, Equal Rights Colorado, spoke in support of the bill. He provided the details of problems same-sex couples have had in Colorado with regard to benefits, insurance, medical care, and inheritance.


12:29 PM

Georganne Bley spoke in support of the bill. He spoke to the problems she and her partner have had providing benefits for each other under their existing policies.


12:32 PM

Peter Gross spoke in support of the bill.


12:33 PM

The bill was taken off the table.