STAFF SUMMARY OF FIRST MEETING OF

SECOND CONFERENCE COMMITTEE ON HB06-1090


Date:05/04/2006
ATTENDANCE
Time:05:23 PM to 06:26 PM
Green
X
Fitz-Gerald
X
Place:HCR 0112
Gardner
X
Mitchell
X
This Meeting was called to order by
Tupa
X
Representative McGihon
McGihon
X
This Report was prepared by
Jennifer Moe


05:23 PM

The conference committee came to order. A quorum was present. Representative McGihon explained the reasons why a second conference committee was formed, and opened the floor for discussion about HB 06-1090. During the meeting, committee members were provided with Amendments L.078 (Attachment A), L.080 (Attachment B), L.081 (Attachment C), and L.075 (Attachment D).
BILL:HB06-1090
TIME: 05:25:10 PM
MOVED:Fitz-Gerald
MOTION:Move Amendment L.078 (Attachment A). The motion passed without objection.
SECONDED:Gardner
VOTE
Green
Fitz-Gerald
Gardner
Mitchell
Tupa
McGihon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


05:26 PM

After L.078 was moved and seconded, President Fitz-Gerald explained the amendment's provisions, and responded to questions from the committee. Ms. Julie Pelegrin, Office of Legislative Legal Services, also answered questions about the amendment. Ms. Pelegrin clarified that the amendment gives victims whose statute of limitations has not yet expired a longer period of time to file a claim, and does not allow for the re-opening of expired claims.






BILL:HB06-1090
TIME: 05:38:24 PM
MOVED:Fitz-Gerald
MOTION:Move Amendment L.080 (Attachment B). The motion passed without objection.
SECONDED:Green
VOTE
Green
Fitz-Gerald
Gardner
Mitchell
Tupa
McGihon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


05:39 PM

After L.080 was moved and seconded, President Fitz-Gerald described how the amendment affects redactions in sexual abuse claims, and explained why she was offering it. Ms. Pelegrin answered questions from the committee, clarifying that the amendment does not allow settled agreements to be re-opened but only applies to agreements made in the future.

Senator Mitchell raised questions about Amendment L.081 (Attachment C), and discussion ensued regarding potential changes to L.081.
BILL:HB06-1090
TIME: 05:46:15 PM
MOVED:Mitchell
MOTION:Having voted on the prevailing side, reconsider action on Amendment L.080. In order to pass, the motion requires an affirmative vote of two thirds of the committee. The motion carried on a vote of 6-0.
SECONDED:Gardner
VOTE
Green
Fitz-Gerald
Gardner
Mitchell
Tupa
McGihon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


05:47 PM

After the motion was made and seconded, Senator Mitchell explained that he wished to change "shall" to "may" in L.080. Ms. Pelegrin responded to questions from the committee regarding the real-world application of the term "plaintiff." Discussion ensued regarding why the change in terminology was necessary, and how current law guards a victim's privacy in a case.


BILL:HB06-1090
TIME: 05:55:58 PM
MOVED:Mitchell
MOTION:Amend L.080, line 2, strike "shall" and substitute "may". The motion failed on a vote of 3-3.
SECONDED:Gardner
VOTE
Green
No
Fitz-Gerald
No
Gardner
Yes
Mitchell
Yes
Tupa
Yes
McGihon
No
Not Final YES: 3 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: TIE

Prior to the vote, committee members commented on the motion.
BILL:HB06-1090
TIME: 05:59:56 PM
MOVED:Fitz-Gerald
MOTION:Move Amendment L.081 (Attachment C), as amended conceptually to clarify that closed agreements not be re-opened (Attachment C). The motion passed without objection.
SECONDED:Tupa
VOTE
Green
Fitz-Gerald
Gardner
Mitchell
Tupa
McGihon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


06:00 PM

After L.081 was moved and seconded, President Fitz-Gerald explained the provisions of L.081. Discussion ensued regarding potential language to accomplish the purpose of the amendment and ensure that closed agreements not be re-opened. The conference committee directed Ms. Pelegrin to draft language to this effect.


06:05 PM

President Fitz-Gerald asked Ms. Pelegrin to explain various issues related to sexual abuse claims, including the caps on and types of damages and attorney costs and fees that are allowed on such claims, and when governmental immunity for negligent supervision applies. Discussion ensued regarding how the law is applied in circumstances involving public institutions versus private institutions, and secular institutions versus religious organizations.





06:12 PM

In response to earlier discussion, Representative Green explained that the primary intent of her bill was to protect children and the secondary purpose is to protect victims in general. Committee members commented and expressed various concerns about the bill.
BILL:HB06-1090
TIME: 06:21:03 PM
MOVED:Mitchell
MOTION:Move Amendment L.075 (Attachment D). The motion failed on a vote of 2-4.
SECONDED:Gardner
VOTE
Green
No
Fitz-Gerald
No
Gardner
Yes
Mitchell
Yes
Tupa
No
McGihon
No
Not Final YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


06:21 PM

After L.075 was moved and seconded, Senator Mitchell discussed the provisions of L.075 and current law regarding tolling the statute of limitations for sexual abuse claims because of a disability. Discussion ensued and committee members commented.
BILL:HB06-1090
TIME: 06:25:58 PM
MOVED:Green
MOTION:Permit the drafter to make any necessary technical changes to the bill when compiling the reports of the First Conference Committee and the Second Conference Committee. The motion passed without objection.
SECONDED:Fitz-Gerald
VOTE
Green
Fitz-Gerald
Gardner
Mitchell
Tupa
McGihon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE
BILL:HB06-1090
TIME: 06:25:33 PM
MOVED:Tupa
MOTION:Adopt as the committee report of the Second Conference Committee all amendments that passed today. The motion carried on a vote of 4-2.
SECONDED:Green
VOTE
Green
Yes
Fitz-Gerald
Yes
Gardner
No
Mitchell
No
Tupa
Yes
McGihon
Yes
Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

Prior to the vote, several committee members commented and posed questions to one another about issues that are integral or related to the bill.

06:26 PM

The conference committee adjourned.