House Committee on Judiciary (05/07/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	05/07/2012	ATTENDANCE

Time:	04:01 PM to 04:32 PM	DelGrosso	*
		Duran	*
Place:	HCR 0107	Kagan	*
		Lee	*
This Meeting was called to order by		Levy	X
	Representative Gardner B.	Nikkel	*
		Pabon	*
This Report was prepared by		Sonnenberg	X
	Jessika Shipley	Waller	E
		Barker	X
		Gardner B.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB12-163 SB12-162 HB12-1092		Referred to the Committee of the Whole Committee Vote - Final Action Failed Committee Vote - Final Action Failed

04:02 PM -- Senate Bill 12-163

Representatives Beezley and Levy, co-sponsors, presented Senate Bill 12-163 concerning changes to improve outcomes for persons convicted of possession of certain controlled substances crimes. The reengrossed bill creates a new priority for the work of the Colorado Commission on Criminal and Juvenile Justice (CCJJ). The CCJJ is required to consider, using empirical analysis and evidence-based data and research, the development of a comprehensive drug sentencing scheme for all drug crimes. The bills outlines a number of factors to consider when developing the sentencing scheme. The CCJJ is required to report to the House and Senate Judiciary Committees by December 15, 2012, detailing the commission's recommendations, or if there are no recommendations, the reasons and areas of disagreement behind the lack of recommendations.

04:06 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill.

04:07 PM -- Christie Donner, representing the Colorado Criminal Justice Reform Coalition and the Colorado Criminal Defense Bar, testified in support of the bill.

04:10 PM

Representatives Beezley and Levy wrapped up their presentation and asked for a favorable recommendation.


BILL:	SB12-163
TIME:	04:10:59 PM
MOVED:	Levy
MOTION:	Refer Senate Bill 12-163 to the Committee of the Whole. The motion passed on a vote of 8-1, with 2 excused.
SECONDED:	Kagan
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Levy	Yes
	Nikkel	Yes
	Pabon	Excused
	Sonnenberg	No
	Waller	Excused
	Barker	Yes
	Gardner B.	Yes

Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS

04:12 PM -- Senate Bill 12-162

Representative Peniston, sponsor, presented Senate Bill 12-162 concerning remediation performed on property contaminated by an illegal drug laboratory. The bill creates a process to certify professionals involved in the remediation of property contaminated by a methamphetamine (meth) lab. Specifically, it authorizes the State Board of Health to:

establish procedures for testing and evaluating meth-related contamination and acceptable standards for remediation;

develop procedures for a training and certification program for individuals and companies involved in the remediation of meth-contaminated properties, as well as those which provide training to these entities;

create procedures for contractors and consultants to issue certificates of compliance to property owners upon completion of remediation;

implement a fee structure for the approval, certification, and monitoring of individuals and companies that obtain certification to provide remediation or training services; and

issue rules for determining and assessing administrative penalties on individuals and companies for violations.

Enforcement. Once the board establishes rules and procedures, the Department of Public Health and Environment (DPHE) will be responsible for enforcement. If an individual or company violates the rules, the DPHE may assess an administrative penalty of up to $15,000 per day. Procedures and time frames for notifying and resolving violations, including judicial review of the DPHE's decisions, are also defined.

Meth-related crime surcharges. Persons convicted of or receiving a deferred sentence for a meth-related crime are required to pay a surcharge of between $50 and $500, except when the court finds the person is indigent. The court is to retain 5 percent of moneys for administrative purposes, with the remaining 95 percent credited to the Local Government Assistance subaccount of the newly created Methamphetamine Laboratory Clean-up Cash Fund. The board is also authorized to promulgate rules to establish procedures for reviewing applications and reimbursing local governments for costs related to clean-up efforts.

Homeowner liability. Among other things, property owners must furnish the relevant local government with a copy of the certificate of compliance for any remediation work completed.

04:14 PM -- Colleen Brisnehan, representing the DPHE, testified about the bill. Ms. Brisnehan explained the effect of the bill and discussed the fee increases outlined in the fiscal note. She responded to questions from the committee.


BILL:	SB12-162
TIME:	04:22:16 PM
MOVED:	Pabon
MOTION:	Refer Senate Bill 12-162 to the Committee on Finance. The motion failed on a 5-5 vote, with 1 excused.
SECONDED:	Duran
		VOTE
	DelGrosso	No
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Levy	Yes
	Nikkel	No
	Pabon	Yes
	Sonnenberg	No
	Waller	Excused
	Barker	No
	Gardner B.	No

YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:	SB12-162
TIME:	04:23:11 PM
MOVED:	Sonnenberg
MOTION:	Postpone indefinitely Senate Bill 12-162. The motion failed on a 5-5 vote, with 1 excused.
SECONDED:	Nikkel
		VOTE
	DelGrosso	Yes
	Duran	No
	Kagan	No
	Lee	No
	Levy	No
	Nikkel	Yes
	Pabon	No
	Sonnenberg	Yes
	Waller	Excused
	Barker	Yes
	Gardner B.	Yes

Final YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE

04:24 PM

The committee took a brief recess.

04:30 PM -- House Bill 12-1092

The committee returned to order. Representative Gardner announced that the committee would take action on House Bill 12-1092. The bill was originally considered by the committee and referred to the Committee of the Whole on February 9, 2012. The bill was then referred back to the committee by the Committee of the Whole.


BILL:	HB12-1092
TIME:	04:31:29 PM
MOVED:	Kagan
MOTION:	Postpone indefinitely House Bill 12-1092. The motion failed on a 3-3 vote, with 5 excused.
SECONDED:	Duran
		VOTE
	DelGrosso	No
	Duran	Yes
	Kagan	Yes
	Lee	Excused
	Levy	Excused
	Nikkel	Excused
	Pabon	Excused
	Sonnenberg	No
	Waller	Excused
	Barker	No
	Gardner B.	Yes

Final YES: 3 NO: 3 EXC: 5 ABS: 0 FINAL ACTION: TIE

04:32 PM

The committee adjourned.