Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY
Date:04/28/2005
ATTENDANCE
Time:01:39 PM to 06:14 PM
Boyd
X
Brophy
X
Place:HCR 0112
Decker
X
Harvey
X
This Meeting was called to order by
Hefley
X
Representative Carroll T.
Jahn
X
Judd
X
This Report was prepared by
Kerr
X
Jennifer Moe
McGihon
*
Carroll M.
*
Carroll T.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB05-1337
SB05-028
SB05-018
HB05-1338
HB05-1329
SB05-142		Amended, Referred to the Committee of the Whole
Referred to Committee on Appropriations
Laid Over
Amended, Referred to the Committee of the Whole
Amended, Referred to Committee on Finance
Amended, Referred to the Committee of the Whole


01:39 PM -- House Bill 05-1337

The committee came to order. A quorum was present. The chairman announced that the committee would hear HB 05-1337 first. Representative Marshall, the prime sponsor of HB 05-1337, the Revisor's Bill, came to the table and summarized the bill's provisions. Committee members were provided with Amendment L.002 (Attachment A).

The following people testified on the bill:

01:41 PM -- Mr. Pat Steadman, representing the Colorado Association of Family and Children's Agencies, spoke in favor of Amendment L.002. He explained that the amendment clears up confusion about relinquishment and a technical error in the statutes. In response to questions from the committee, he clarified that the amendment also corrects another issue. Representative Hefley furthered explained the second correction in L.002.










01:46 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.
BILL:HB05-1337
TIME: 01:46:22 PM
MOVED:Hefley
MOTION:Move Amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:Boyd
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Excused
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB05-1337
TIME: 01:47:39 PM
MOVED:Boyd
MOTION:Refer HB 05-1337, as amended, to the Committee of the Whole. The motion carried on a vote of 10-0-1.
SECONDED:Hefley
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Excused
Carroll T.
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





01:48 PM -- Senate Bill 05-028

Representative T. Carroll requested that witnesses be concise and refrain from repeating testimony, and be respectful to all parties involved. He announced that the committee would spend one hour on SB 05-028. Representative Madden, the prime sponsor of SB 05-028, Concerning the Expansion of Employment Nondiscrimination Protections, summarized the bill's provisions. She described other jurisdictions (states and localities in Colorado) that include sexual orientation in their employment discrimination laws. She then answered questions about whether the bill creates preferential treatment or has the potential to create a flood of new litigation. She also answered questions about the religious organizations exemption clause in the bill. In response to further questions, Representative Madden said that the definition of transgendered is not currently in statute, and she agreed that savings in the K-12 budget through the passage of HB 05-1164 will help fund this bill.

The following people testified on the bill:

02:01 PM -- Mr. Jerry Welch, representing himself, spoke in opposition to the bill. He described his concern with conflict in language and lack of definitions of certain terms.

02:04 PM -- Mr. Michael Brewer, representing Equal Rights Colorado, spoke in support of the bill. He talked about data and anecdotes that seem to indicate an increase in discrimination complaints due to sexual orientation. He responded to questions about examples of discrimination complaints.

02:10 PM -- Mr. Gabe Martinez, representing himself, spoke in support of the bill. He described his experience with employment discrimination.

02:15 PM -- Ms. Mari Newman, representing the American Civil Liberties Union and the Plaintiffs Employment Lawyers Association, spoke in support of the bill. In response to earlier questions from the committee, she described generally a transgender case that she represented. She then spoke about the bill's provisions and how they affect current law. Ms. Newman answered questions from the committee regarding her testimony. Representative Madden noted consistent-gender-presentation provisions in the bill. Committee members commented.

02:36 PM -- Ms. Karen Fox, representing herself, described her experience with employment discrimination. She was joined at the table by Ms. Marie Rogers. Committee members were provided with Amendment L.015 (Attachment B) and Ms. Fox's written testimony (Attachment C).


02:47 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.










BILL:SB05-028
TIME: 02:48:29 PM
MOVED:Harvey
MOTION:Amend the engrossed bill: on page 5, line 27, strike "and an employer may", and on page 6, strike lines 1 through 2. The motion failed on a vote of 4-7.
SECONDED:Brophy
VOTE
Boyd
No
Brophy
Yes
Decker
No
Harvey
Yes
Hefley
Yes
Jahn
No
Judd
No
Kerr
Yes
McGihon
No
Carroll M.
No
Carroll T.
No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:SB05-028
TIME: 02:56:12 PM
MOVED:Harvey
MOTION:Amend the engrossed bill: on page 6, line 10, strike "except for", and strike lines 11 through 13. After discussion, the motion was withdrawn.
SECONDED:Brophy
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE








BILL:SB05-028
TIME: 02:58:46 PM
MOVED:Harvey
MOTION:Move Amendment L.015 (Attachment B). The motion failed on a vote of 5-6.
SECONDED:Brophy
VOTE
Boyd
No
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Yes
Jahn
No
Judd
No
Kerr
Yes
McGihon
No
Carroll M.
No
Carroll T.
No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


03:08 PM

Representative Madden made closing comments on the need for the legislation.
BILL:SB05-028
TIME: 03:12:13 PM
MOVED:McGihon
MOTION:Refer SB 05-028 to the Committee on Appropriations. The motion carried on a vote of 6-5.
SECONDED:Boyd
VOTE
Boyd
Yes
Brophy
No
Decker
No
Harvey
No
Hefley
No
Jahn
Yes
Judd
Yes
Kerr
No
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS






03:13 PM -- Senate Bill 05-018

Representative M. Carroll chaired the committee while Representative T. Carroll presented his bill to the committee. Representative T. Carroll, the prime sponsor of SB 05-018, Concerning the Forfeiture of Vehicles for Driving Under Restraint Due to Substance-Related Offenses, summarized the bill's provisions. Committee members were provided with Amendments L.007 (Attachment D) and L.011 (Attachment E). Representative T. Carroll responded to questions from the committee.

The following people testified on the bill:

03:29 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in opposition to the bill. Committee members were provided with Amendment L.010 (Attachment F). She enumerated her concerns to the committee, explained the impact of the bill's provisions on a defendant's family, and answered questions about her testimony.

Representative T. Carroll expressed a need to leave the committee hearing briefly and requested Chairman M. Carroll, following testimony, to lay over the bill until the end of the committee's calendar. The chairman granted his request.

03:42 PM -- Mr. Bob Grant, representing the Colorado District Attorney's Council, spoke in support of the bill. He spoke at length in response to earlier testimony and questions from the committee. He then walked the committee through Section 1 of the bill.

04:02 PM -- Mr. Grant walked the committee through the remainder of the bill.

04:09 PM -- Ms. Christy LeLait, representing Mothers Against Drunk Driving, spoke in support of the bill. She described the impact of crashes on victims and their families.


04:13 PM

The chairman closed the public testimony portion of the hearing, and laid the bill over to the end of the calendar.


04:14 PM -- House Bill 05-1338

Representative Green, the prime sponsor of HB 05-1338, Concerning Increasing Penalties for Multiple Violations of the Prohibition Against Soliciting for Prostitution, summarized the bill's provisions and explained the need for the bill in her district. She clarified that the bill targets solicitors of prostitution, not prostitutes themselves. She responded to questions from the committee.

The following people testified on the bill:

04:18 PM -- Mr. Gregory Staritzsky, representing himself, spoke in opposition to the bill. He responded to questions and comments from the committee.







04:26 PM -- Mr. Bob Grant, representing the Colorado District Attorney's Council, spoke in support of the bill and responded to questions from the committee.


04:38 PM

The chairman closed witness testimony and opened the amendment phase.
BILL:HB05-1338
TIME: 04:39:42 PM
MOVED:Hefley
MOTION:Move Amendment L.001 (Attachment G). The motion passed without objection.
SECONDED:Harvey
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection























BILL:HB05-1338
TIME: 04:47:05 PM
MOVED:McGihon
MOTION:Refer HB 05-1338, as amended, to the Committee of the Whole. The motion carried on a vote of 8-2-1.
SECONDED:Judd
VOTE
Boyd
Yes
Brophy
Yes
Decker
No
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
No
Carroll T.
Excused
Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS


04:49 PM -- House Bill 05-1329

Representative Plant, the prime sponsor of HB 05-1329, Concerning a Prohibition Against the Sale of Cigarettes That Do Not Meet Fire Safety Standards as Determined by Rule of the Division of Fire Safety, summarized the bill's provisions. Committee members were provided with information from supporters of the bill (Attachment H), Amendment L.001 (Attachment I), and Amendment L.002 (Attachment J). Representative Plant answered questions from the committee.

The following people testified on the bill:

04:59 PM -- Ms. Mary Lou Chapman, representing the Rocky Mountain Food Industry, spoke in opposition to the bill. She answered questions from the committee. Representative Plant commented.

05:09 PM -- Mr. Wilson Croom, representing the Colorado Association of Distributors, spoke in opposition to the bill.

05:15 PM -- Ms. Joann Groff, representing the Colorado Retail Council, spoke against the bill and answered questions from the committee.

05:22 PM -- Mr. Kevin Klein, representing Colorado Fire Chiefs Association, spoke in support of the bill and answered questions from the committee. Representative T. Carroll returned to the meeting and chaired the meeting thereafter.







05:28 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado and the Colorado Association of Chiefs of Police, spoke in support of the bill.

05:30 PM -- Ms. Cortney Shriver, representing herself, spoke in support of the bill.

05:32 PM -- Mr. Paul Cooke, representing the Colorado Division of Fire Safety, spoke in support of the bill.

05:34 PM -- Mr. Joseph Bly, representing Pridemark Paramedic Services, spoke in support of the bill and answered questions from the committee.

05:40 PM -- Mr. Justin Dombrowski, representing the Boulder Fire Department, spoke in support of the bill.


05:46 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments. Representative Plant explained the provisions of both amendments.
BILL:HB05-1329
TIME: 05:46:59 PM
MOVED:Carroll M.
MOTION:Move Amendment L.001 (Attachment I). The motion passed without objection.
SECONDED:Jahn
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection











BILL:HB05-1329
TIME: 05:47:19 PM
MOVED:Carroll T.
MOTION:Move Amendment L.002 (Attachment J). The motion passed without objection.
SECONDED:Brophy
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


05:49 PM

Committee members stated their positions on the bill.
BILL:HB05-1329
TIME: 05:54:23 PM
MOVED:Judd
MOTION:Refer HB 05-1329, as amended, to the Committee on Finance. The motion carried on a vote of 6-5.
SECONDED:McGihon
VOTE
Boyd
Yes
Brophy
No
Decker
No
Harvey
No
Hefley
No
Jahn
Yes
Judd
Yes
Kerr
No
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS






05:55 PM -- Senate Bill 05-142

Representative T. Carroll announced that SB 05-018 would be heard starting at 11:30 a.m. on Friday, April 29, along with HB 05-1347 and HB 05-1348. Representative Vigil, the prime sponsor of SB 05-142, Concerning Pro Rata Liability Provisions in Construction Agreements, returned to the table to discuss the bill and described several amendments. Committee members were provided with Amendments L.017 (Attachment K), L.018 (Attachment L), and L.020 (Attachment M).
BILL:SB05-142
TIME: 05:58:11 PM
MOVED:Carroll M.
MOTION:Move Amendment L.017 (Attachment K). The motion passed without objection.
SECONDED:Boyd
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-142
TIME: 05:58:46 PM
MOVED:Carroll M.
MOTION:Move Amendment L.018 (Attachment L). At the request of the bill sponsor, the chair ruled that the amendment could be severed into two sections: severed section A (page 1, lines 1 through 3) and severed section B (page 1, lines 4 through 18, and page 2, lines 1 through 7). The committee voted first on severed section A (see below). Severed section B passed without objection.
SECONDED:Jahn
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-142
TIME: 06:11:42 PM
MOVED:
MOTION:The chair called for a vote on severed section A. The section was adopted on a vote of 8-3.
SECONDED:
VOTE
Boyd
No
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
No
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
No
Carroll M.
Yes
Carroll T.
Yes
Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS





BILL:SB05-142
TIME: 06:01:33 PM
MOVED:Carroll M.
MOTION:Move Amendment L.020 (Attachment M), as amended (see below). The motion passed without objection.
SECONDED:McGihon
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-142
TIME: 06:06:34 PM
MOVED:McGihon
MOTION:Amend L.020 as follows: on lines 6 and 7, strike "residence that is occupied as the primary residence" and substitute "owner-occupied dwelling unit". The motion passed without objection.
SECONDED:Carroll M.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection







BILL:SB05-142
TIME: 06:13:40 PM
MOVED:Carroll M.
MOTION:Refer SB 05-142, as amended, to the Committee of the Whole. The motion carried on a vote of 7-4.
SECONDED:Hefley
VOTE
Boyd
Yes
Brophy
No
Decker
No
Harvey
No
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
No
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


06:14 PM

The committee adjourned.