Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:04/06/2006
ATTENDANCE
Time:01:53 PM to 03:07 PM
Clapp
X
Decker
X
Place:HCR 0112
Gardner
X
Hefley
X
This Meeting was called to order by
Jahn
*
Representative Carroll T.
Judd
X
Kerr A.
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:
HB06-1381
HB06-1382		Referred to the Committee of the Whole
Witness Testimony Only


01:53 PM

The committee came to order. A quorum was present. The chairman announced that HB 06-1364 by Representative Madden would lay over, and the committee would take testimony only on HB 06-1382 by Representative Merrifield. The committee recessed briefly to gather the next bill sponsor.


01:55 PM

Representative McFadyen, prime sponsor, explained the purpose of HB 06-1381, a Capital Development Committee (CDC) bill that requires the Colorado Department of Corrections to notify the CDC before issuing any request for proposals involving new construction related to private prisons. There were no witnesses signed up to testify on the bill, and no amendments were offered.















BILL:HB 06-1381
TIME: 01:56:54 PM
MOVED:Carroll M.
MOTION:Refer HB 06-1381 to the Committee of the Whole. The motion carried on a vote of 11-0.
SECONDED:McGihon
VOTE
Clapp
Yes
Decker
Yes
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr A.
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:58 PM

Representative Merrifield, prime sponsor, explained why he was offering HB 06-1382, termed the "Right to Rest in Peace Act." The bill, as introduced, would criminalize picketing within 500 feet of a funeral site for a period of one hour before and after a funeral. The bill would also permit courts to award damages in any action brought against a person who is found guilty of such picketing. Representative Merrifield noted similar laws in other states, and explained that the bill balances the privacy rights of individuals and the First Amendment rights of protesters, including freedom of speech and the right to assemble. Committee members commented. The sponsor responded to questions about law enforcement's ability under the state's current laws to address picketing issues at funerals.

The following people testified on the bill:

02:06 PM -- Ms. Cathy Hazouri, representing the Colorado ACLU, spoke in opposition to the bill. It is her belief that the bill violates the First Amendment of the U.S. Constitution. She also identified court rulings on government regulation of free speech, and indicated that the proposed legislation does not comply with the courts' holdings and is not crafted narrowly enough. She responded to questions from the committee regarding the potential for civil action to be brought against picketers, should the bill pass. Discussion ensued regarding who is the target of the free speech of protesters at funerals, and whether alternative avenues have been exhausted for expressing that communication at the event in question. Ms. Hazouri responded to questions regarding a potential amendment. Committee members spoke about content neutrality in regulating speech and the need to narrowly craft any legislation that goes forward.












02:27 PM -- Mr. Gregory Staritzky, representing himself, spoke in opposition to the bill because the bill makes the described picketing a class 3 misdemeanor and because the definition of picketing in the bill is too broad. He also questioned what type of damages might be sought under the bill's provisions. The sponsor noted that an amendment he planned to offer will addresses one of Mr. Staritzky's concerns, then commented on the rest of the witness's testimony. Mr. Staritzky responded to questions from the committee. Committee members were provided with a summary of laws in other states or pending legislation that restrict protesting at funerals (Attachment A).

02:39 PM -- Mr. Kenneth Scott, representing street preachers, spoke in opposition to the bill. He distributed a packet of information regarding picketing that he has done (Attachment B).

02:49 PM -- Mr. Dave Christy, representing Abate of Colorado, spoke in support of the bill.

02:51 PM -- Ms. Vivian Stovall, representing herself, spoke in support of the bill because it will allow family and friends to grieve in peace at a funeral.

02:54 PM -- Ms. Julie McKenzie, representing herself and her deceased son, spoke in support of the bill and described the impact on her of picketing protesters at her son's funeral.

03:02 PM -- Mr. William Gondrez, representing himself, spoke in support of the bill, describing his experience with funerals as a chaplain in the U.S. Army and as a pastor. He responded to questions from the committee.


03:07 PM

The chairman closed public testimony, and the bill sponsor made closing comments. The chairman announced that the bill would lay over for action on another day. The committee adjourned.