Date: 03/07/2012

Final
BILL SUMMARY for HB12-1128

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved prepared amendment L.002 (Attachment H). The
Moved to postpone indefinitely House Bill 12-1128.
Moved to refer House Bill 12-1128, as amended, to 		Pass Without Objection
PASS
FAIL



05:16 PM -- House Bill 12-1128

Representative Miklosi, prime sponsor, presented House Bill 12-1128, concerning a prohibition on discrimination in places of public accommodation that is based on unconventional attire. Representative Miklosi provided background on his reasons for running the legislation. Representative Miklosi responded to questions regarding the infringement of property rights by the bill, and the "micromanagement" of personal conduct under the bill. Representative Miklosi responded to further questions about the equation of those who wear unconventional attire with other populations that have been discriminated against.


05:26 PM

The following persons testified regarding House Bill 12-1128:

05:26 PM -- Mr. Ray Hoskinson, representing Veterans of Vietnam, testified in support of the bill. Mr. Hoskinson requested a compromise on the bill, and discussed discrimination by places of public accommodation based on the wearing of biker garb. Discussion ensued regarding past violence between opposing motorcycle organizations, and the changing culture among these organizations. Discussion followed regarding the stereotyping of those who wear motorcycle garb.


05:37 PM

Discussion ensued regarding differing conventions of dress among differing populations, and the potential for additional groups to seek the protections created by the bill based on their attire. Mr. Hoskinson discussed efforts to pass legislation similar to House Bill 12-1128 in other states.

05:43 PM -- Mr. Danny Barton, representing himself, testified in support of the bill. Mr. Barton addressed concerns expressed earlier about potential inter-organizational violence, and the potential for other groups to seek the bill's protections based on their attire. Mr. Barton discussed discrimination against motorcycle organizations by businesses based on attire, and pressures placed on businesses by law enforcement to not allow those wearing biker colors in their establishments. Mr. Barton responded to questions regarding establishments that have posted signs expressing prohibitions against wearing biker colors. Discussion returned to past violence among motorcycle organizations, the changing culture among these organizations, and the public awareness to be gained from hearing House Bill 12-1128.


05:53 PM

Discussion ensued regarding an establishment in Aurora that prohibits the wearing of biker garb, and the need to educate the public and law enforcement about motorcycle organizations. Discussion followed regarding signs in certain establishments stating that they have the right to refuse service, contrary to law.


05:59 PM

Mr. William Jones, representing the Rocky Mountain Riders and the Colorado Confederation of Clubs, testified in support of House Bill 12-1128. Mr. Jones discussed case law associated with discrimination against certain populations by businesses, and the obligations placed on places of public accommodation to allow all people into their establishments. Discussion returned to the public perception of motorcycle organizations, and the duty of these organizations to change this perception.

06:10 PM -- Mr. Mike Griewisch, representing the New Sack Sober Souls Motorcycle Club Denver, testified in support of the bill. Mr. Griewisch discussed public perception of motorcycle organizations, and described his experiences of discrimination based on motorcycle attire.

06:14 PM -- Flatop Mike, representing the Sober Souls Motorcycle Club, testified in support of House Bill 12-1128. He discussed efforts to change public perception with respect to motorcycle organizations. He discussed his interaction with security guards, during which he felt he was discriminated against.

06:17 PM -- Mr. Michael Dougherty, representing the Attorney General's Office, testified in opposition to the bill. Mr. Dougherty outlined state and federal anti-discrimination law, and the basis for creating classes protected from discrimination. Mr. Dougherty discussed public safety issues associated with rival interests, and the ability of private entities to reject patrons based on these rivalries.

06:22 PM -- Mr. Ron Hall, representing himself, testified in opposition to House Bill 12-1128. Mr. Hall discussed the need to reduce mandates on private businesses, and varying interpretations of unconventional attire. Mr. Hall discussed dress codes established by certain businesses, and the potential impact of the bill on business owners.

06:29 PM -- Mr. James Margiotta, representing the Colorado Charity Alliance, testified in support of the bill. Mr. Margiotta discussed discrimination against motorcycle organizations.


06:32 PM

Representative Miklosi explained the effect of prepared amendment L.002 (Attachment H).

HseState0307AttachH.pdf
BILL:HB12-1128
TIME: 06:32:46 PM
MOVED:Todd
MOTION:Moved prepared amendment L.002 (Attachment H). The motion passed without objection.
SECONDED:Court
VOTE
Baumgardner
Casso
Court
Duran
Joshi
Liston
Todd
Coram
Kerr J.
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


06:33 PM

Representative Miklosi provided closing remarks in support of House Bill 12-1128. Various committee members explained their support for, or opposition to, the bill.
BILL:HB12-1128
TIME: 06:35:37 PM
MOVED:Court
MOTION:Moved to refer House Bill 12-1128, as amended, to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 4-5.
SECONDED:Todd
VOTE
Baumgardner
No
Casso
Yes
Court
Yes
Duran
Yes
Joshi
No
Liston
No
Todd
Yes
Coram
No
Kerr J.
No
YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


06:45 PM
BILL:HB12-1128
TIME: 06:45:21 PM
MOVED:Joshi
MOTION:Moved to postpone indefinitely House Bill 12-1128. The motion passed on a vote of 6-3.
SECONDED:Coram
VOTE
Baumgardner
Yes
Casso
Yes
Court
No
Duran
No
Joshi
Yes
Liston
Yes
Todd
No
Coram
Yes
Kerr J.
Yes
Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS



06:46 PM

The committee adjourned.