Senate Committee on Judiciary (02/22/2006)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	02/22/2006	ATTENDANCE

Time:	01:42 PM to 05:55 PM	Bacon	X
		Dyer	X
Place:	SCR 356	Gordon	*
		Mitchell	*
This Meeting was called to order by		Traylor	X
	Senator Grossman	Shaffer	X
		Grossman	X
This Report was prepared by
	Jessika Shipley
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB06-186 SB06-175 SB06-185 HB06-1136 SB06-177 HB06-1175		Postponed Indefinitely Amended, Referred to Appropriations 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

01:42 PM -- Senate Bill 06-186

Senator Entz, prime sponsor, presented Senate Bill 06-186 concerning the definition of at-risk adults. He asked the committee to postpone the bill indefinitely.


BILL:	SB06-186
TIME:	01:45:16 PM
MOVED:	Shaffer
MOTION:	Moved to postpone the bill indefinitely. The motion passed on a roll call vote of 6-0, with one excused.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Yes
	Gordon	Excused
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:46 PM -- Senate Bill 06-175

Senator Kester, prime sponsored presented Senate Bill 06-175 for action only and explained prepared amendment L.002 (Attachment A).


BILL:	SB06-175
TIME:	01:47:30 PM
MOVED:	Bacon
MOTION:	Moved prepared amendment L.002 (Attachment A). The motion passed on a roll call vote of 6-1.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	No
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Not Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB06-175
TIME:	01:49:39 PM
MOVED:	Shaffer
MOTION:	Moved prepared amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-175
TIME:	01:50:19 PM
MOVED:	Mitchell
MOTION:	Refer Senate Bill 06-175 to the Committee on Appropriations, as amended, with a favorable recommendation. The motion passed on a unanimous roll call vote.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Yes
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:52 PM -- Senate Bill 06-185

Senator Lamborn, prime sponsor, presented Senate Bill 06-185 concerning the protection of home owners in small common interest communities. The bill applies an existing optional exemption from most provisions of the Colorado Common Interest Ownership Act (CCIOA) to certain small cooperatives and planned communities that were created prior to July 1, 1998, and that consist of only nonresidential units or of no more than 20 units or whose annual common expense liabilities may not exceed $400 per unit, or both, unless the declaration or bylaws provide otherwise.

01:55 PM -- Leonard Rioth, private citizen, spoke in favor of the bill. Mr. Rioth discussed his small residential home owners association and how it is affected by CCIOA. He stated that this bill simply standardizes the rules across home owners associations and promotes the goal of uniformity.

01:58 PM -- Patricia Webb, private citizen, spoke in favor of the bill. Ms. Webb spoke about the high costs to small home owners associations in meeting the requirements of CCIOA. She stressed the need for an exemption for small home owners associations because they do not have the resources to deal with those high costs. Ms. Webb provided examples of problems her association has encountered.

02:05 PM

Senator Lamborn wrapped up by saying that the subject matter in this bill addresses an unintended consequence of SB 05-100.


BILL:	SB06-185
TIME:	02:06:04 PM
MOVED:	Bacon
MOTION:	Refer Senate Bill 06-185 to the Committee of the Whole with a favorable recommendation. The motion passed on a roll call vote of 5-0, with 2 excused.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Yes
	Gordon	Yes
	Mitchell	Excused
	Traylor	Excused
	Shaffer	Yes
	Grossman	Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:08 PM -- House Bill 06-1136

Senator Shaffer, bill sponsor, presented House Bill 06-1136 concerning a requirement to notify the Attorney General when a defendant alleges a law is unconstitutional. The bill requires a defendant appearing in a criminal proceeding in state court to notify the state attorney general when the defendant alleges a state law or municipal ordinance is unconstitutional.

02:11 PM -- Jason Dunn, Attorney General's Office, spoke in favor of the bill. Mr. Dunn discussed the issues that arise in situations where defendants allege that a law is unconstitutional. He also discussed the House amendment that created a waiver for defendants.

02:18 PM

Senator Shaffer wrapped up his presentation of the bill and stated that this shifts the burden to the defendant who brings a claim of unconstitutionality.


BILL:	HB06-1136
TIME:	02:19:02 PM
MOVED:	Shaffer
MOTION:	Refer House Bill 06-1136 to the Committee of the Whole with a favorable recommendation. The motion passed on a unanimous roll call vote.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Yes
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:24 PM -- Senate Bill 06-177

Senator Veiga, prime sponsor, presented Senate Bill 06-177 concerning modifications to the Victims Rights Act. The bill modifies the guidelines for ensuring the rights of victims of and witnesses to crimes. It expands the current definitions and the rights afforded to victims. It clarifies that a district attorney is not obligated to inform a victim of appellate review undertaken by the attorney general's office and creates the right of a victim to be notified of a referral to community corrections. The bill clarifies that a victim may make both oral and written victim impact statements in a capital case and specifies the circumstances under which a victim may make a victim impact statement concerning a community corrections referral. The bill also specifies that a victim has the right to prevent a defendant from compelling a witness to a crime to testify concerning the location of the witness. It permits the testimony to occur if the witness consents or if the court makes an in camera finding of a compelling need. It requires a law enforcement agency periodically to notify a victim of the status of a case and requires a probation department to notify a victim in a domestic violence case of any conduct by a defendant that results in an increased level of probation supervision. Finally, it requires the court to ensure that victim information is provided to any entity responsible for victim notification after sentencing, including but not limited to notifying the entity responsible for victim notification of a petition by a sex offender to stop sex offender registration.

02:29 PM -- Terri Livermore spoke in support of the bill. Ms. Livermore discussed the technical aspects of the bill.

02:32 PM -- Maureen Cain, Criminal Defense Bar, came to the table to answer questions posed by the committee regarding the constitutionality of the provisions on page 7, lines 16 through 24 of the bill.

02:37 PM -- Terry Livermore came back to the table to respond to questions from the committee regarding the constitutionality of the provisions on page 7, lines 16 through 24 of the bill.

02:41 PM

Senator Veiga responded to questions from the committee regarding the decision to characterize certain provisions of the bill as rights, which is the form of the current statute this bill would modify.


BILL:	SB06-177
TIME:	02:42:35 PM
MOVED:	Shaffer
MOTION:	Moved prepared amendment L.002 (Attachment). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-177
TIME:	02:43:39 PM
MOVED:	Shaffer
MOTION:	Moved prepared amendment L.003 (Attachment). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-177
TIME:	02:44:12 PM
MOVED:	Shaffer
MOTION:	Refer Senate Bill 06-177 to the Committee of the Whole, as amended, with a favorable recommendation. The bill passed on a unanimous roll call vote.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Yes
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:46 PM -- House Bill 06-1175

Senator Grossman, bill sponsor, presented House Bill 06-1175 concerning the Colorado Clean Indoor Air Act. The bill enacts the Colorado Clean Indoor Air Act. It declares that the purpose of the act is to preserve and improve the health, comfort, and environment of the people of this state by limiting exposure to tobacco smoke. The bill specifies locations where smoking is not permitted and provides specific exemptions. Senator Grossman provided statistics about deaths related to smoking and discussed the example of asbestos and how the government considered public health when banning it from public locations. He also spoke about the need for government intervention in this issue because there is no compelling reason for businesses to voluntarily ban smoking in their establishments. This bill levels the playing field for all businesses. Senator Grossman explained each section of the bill.

02:59 PM

Senator Dyer raised an objection to the applicability of the title of the bill with regards to the exemptions listed on page 10 and 11. The chairman ruled that the title of the bill is appropriate.

03:04 PM

Senator Grossman returned to his explanation of the specific provisions of the bill. He pointed out that the bill defines several different terms related to indoor enclosed areas and tobacco. He listed the locations where smoking would not be permitted. He also listed the exceptions to the smoking ban. Senator Grossman finished by discussing the penalties for violations of the law.

03:10 PM -- Chris Sherwin, Colorado Tobacco Education Prevention Alliance, spoke in support of the bill. Mr. Sherwin stated that this bill is primarily about protecting the public health. He discussed healthy work environments and secondhand smoke exposure. Mr. Sherwin spoke about public support for the bill and other states with smoking bans in place.

03:18 PM -- Michael Hancock, Denver City Council member, spoke in favor of the bill. Mr. Hancock spoke about the will of the citizenry of his district in Denver. He stated that his constituency overwhelmingly support a smoking ban. He talked about his efforts to ban smoking in the city of Denver. Mr. Hancock urged the passage of the bill without further exemptions.

03:24 PM -- Lisa Nieto, Rialto Cafe, spoke in favor of the bill. Ms. Nieto discussed the health risks and burdens of working in a smoking environment. She asked why smoking is banned in some public places, but not in bars and restaurants.

03:27 PM -- James Nally, Hotel Monaco, spoke in support of the bill. Mr. Nally spoke about being a bartender in a hotel that permits smoking.

03:30 PM -- Don Parsons, physician, spoke in support of the bill. Dr. Parsons discussed the smoke free policies in Summit County and the results of those policies in terms of business returns. He also spoke about the bill with regards to public health issues.

03:36 PM -- Pete Bialick, Group to Alleviate Smoking Pollution (GASP) of Colorado, spoke in favor of the bill. Mr. Bialick talked about the smoking ban in Boulder. He discussed sales tax revenues and the claims that businesses fail due to smoking bans. He also explained ventilation systems and smoking rooms. He stated that they are not effective methods of preventing deaths attributed to smoking activities.

03:42 PM -- Stephanie Steinberg, Smoke-Free Gaming of Colorado, spoke in support of the bill. Ms. Steinberg talked about the right to a health work environment. She read several excerpts from letters written by casino workers who support the bill. Ms. Steinberg urged the committee to support the bill with no further exemptions.

03:48 PM -- Gloria Schone, private citizen, spoke in favor of the bill. Ms. Schone discussed her husband's death due to lung cancer in 2005. She talked about the fairness of protecting all workers from smoke-related deaths. She provided statistics regarding Coloradans who contract lung cancer and die of that disease.

03:54 PM -- Rick May, Colorado Medical Society, spoke in support of the bill. Dr. May discussed the various studies about secondhand smoke and its affect on humans. He stated that the evidence shows that secondhand smoke is a danger to people in the workplace. He discussed the inequity of exceptions to the smoking ban. Dr. May provided an anecdote of the negative effects of smoking.

04:05 PM -- Stephanie Lane, private citizen, spoke in support of the bill. Ms. Lane spoke from the perspective of a casino patron. She urged the committee to remove the exception placed in the bill by the House of Representatives for casinos.

04:09 PM -- Tim Bolen, blackjack dealer, spoke in support of the bill. Mr. Bolen discussed the smoking ban from the perspective of a casino worker and asked the committee to protect him in his workplace.

04:11 PM -- Pete Miersman, Colorado Restaurant Association, spoke in favor of the bill. Mr. Miersman discussed the overwhelming support of his membership for a statewide smoking ban, as opposed to a city by city ban. He talked about the bill from the perspective of business competition.

04:17 PM -- Tom Barton, restaurant and bar owner, spoke in opposition to the bill. Mr. Barton explained that a smoking ban will negatively impact his business. He has had no complaints from any of his employees.

04:20 PM -- Myron Funk, bar owner, spoke in opposition to the bill. Mr. Funk stated that people should have the right to smoke wherever they choose. He also stated that he has asthma and being in his bar does not bother him.

04:21 PM -- Bob Ross, VFW and American Legion member, spoke in opposition to the bill. Mr. Ross stated his belief that smoking is not harmful. He expressed his concern that the bill would be detrimental to VFW and American Legion halls.

04:23 PM -- John Bowman, American Legion member, spoke in opposition to the bill. He reiterated the testimony of the prior witnesses.

04:25 PM -- Jo Evans, private citizen, spoke in favor of the bill. Ms. Evans urged the committee's support for the bill.

04:26 PM -- Warren Telegrin, United Veterans Council, took no position on the bill. Mr. Telegrin stated that if casinos are exempted, bingo halls should also be exempted.

04:32 PM -- Chuck Ford, Colorado Licensed Beverage Association, spoke in opposition to the bill in its current form. Mr. Ford discussed the negative impact on small independent taverns. He pointed out that the committee members took an oath to protect the citizens of Colorado and stated that this bill will put some of those citizens out of business.

04:40 PM -- Jeffrey Shaw, private citizen, spoke in opposition to the bill. Mr. Shaw works in a bar and believes that a smoking ban will cause bars to go out of business. He stated his belief that there are no credible studies that show that secondhand smoke is harmful.

04:47 PM -- James Von Felt, tavern owner, spoke in opposition to the bill. Mr. Von Felt reiterated the testimony of previous witnesses. He also stated that higher energy costs have translated into higher costs for tavern owners. If he loses business, even a small amount of business, his tavern will fail.

04:52 PM -- Larry Steadman, private citizen, spoke in opposition to the bill. Mr. Steadman works in a bar and expressed his belief that a smoking ban would negatively impact bars and taverns.

04:57 PM -- Wayne Jakino spoke in opposition to the bill. Mr. Jakino provided a packet of information to the committee (Attachment). He stated his belief that the studies on environmental tobacco smoke stating that it is harmful are inconclusive. Mr. Jakino asked the committee to do further research on the medical studies about smoking deaths in Colorado. He stated his belief that polls are worded to achieve the poll author's desired outcome. He stated that this bill appears to be an attack on a citizen's right to choose.

05:08 PM -- Chuck Maestas, bar owner, spoke in opposition to the bill in its current form. Mr. Maestas stated his belief that the bill would have a negative impact on his revenues. He reiterated the testimony of previous witnesses.

05:11 PM -- David Esses, bingo hall owner, spoke in opposition to the bill. Mr. Esses reiterated the testimony of prior witnesses with regards to an exemption for bingo halls.

05:13 PM -- Dan Ginzig spoke in opposition to the bill as it is written. Archbishop Ginzig reiterated the testimony regarding an exemption for bingo halls.

05:18 PM -- Julia Eddy, Catholic Media Groups, spoke in opposition to the bill as it is written. Ms. Eddy reiterated prior testimony regarding an exemption for bingo halls.

05:20 PM -- Monica Phillips, Mile High Humane Society, spoke in opposition to the bill as it is written. Ms. Phillips reiterated the prior testimony regarding an exemption for bingo halls.

05:22 PM -- Sam Webb, pub owner, spoke in opposition to the bill. Mr. Webb supports an amendment that would exempt bars and taverns.

05:25 PM -- John Amen, Colorado Elks Association, took no position on the bill. Mr. Amen stated his support for a bingo exemption.

05:29 PM -- Mel Rawles, private citizen, spoke in opposition to the bill without an exemption for taverns and bars. Mr. Rawles expressed concern about the enforcement of a smoking ban. He expressed his desire for an extension.

05:36 PM -- Florence Bush, private citizen, spoke in support of the bill. Ms. Bush is a lung cancer survivor and believes she contracted it through secondhand smoke.

05:38 PM -- Patrick Nash, private citizen, spoke in support of the bill. Mr. Nash is a throat cancer survivor and considers himself respiratory handicapped. He believe that businesses should be required to accommodate his handicap in compliance with the Americans with Disabilities Act. He asked for the committee's support of the bill with no exemptions.

05:42 PM

Senator Grossman wrapped up his presentation on the bill.


BILL:	HB06-1175
TIME:	05:45:08 PM
MOVED:	Gordon
MOTION:	Moved to amend the reengrossed bill , page 11, strike lines 8 and 9. The motion passed on a vote of 4-3.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	No
	Gordon	Yes
	Mitchell	No
	Traylor	No
	Shaffer	Yes
	Grossman	Yes
Not Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:46 PM

The committee members each explained their positions on the bill.


BILL:	HB06-1175
TIME:	05:54:15 PM
MOVED:	Grossman
MOTION:	Refer House Bill 06-1175 to the Committee of the Whole with a favorable recommendation. The motion passed on a roll call vote of 5-2.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	No
	Gordon	Yes
	Mitchell	No
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:55 PM

Senator Shaffer adjourned the committee.