Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
JUDICIARY
Date:
03/17/2005
ATTENDANCE
Time:
01:35 PM
to
02:23 PM
Boyd
*
Brophy
X
Place:
HCR 0112
Decker
X
Harvey
X
This Meeting was called to order by
Hefley
*
Representative
Carroll T.
Jahn
X
Judd
X
This Report was prepared by
Kerr
X
Ron Kirk
McGihon
X
Carroll M.
X
Carroll T.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
SB05-057
SB05-181
Postponed Indefinitely
Amended, Laid Over
01:35 PM -- Senate Bill 05-181 - Concerning Genetic Testing and Child Support Obligations
The committee came to order. A quorum was present. Representative Morgan Carroll acted as chair during the committee deliberations on Senate Bill 05-181, as Representative Terrence Carroll was excused to present a bill in another committee of reference.
Representative Jahn
,
prime sponsor, distributed Amendment L.002 (Attachment A) to the committee members and explained the provisions of the bill. She explained that the bill proposes statutory changes for additional advisements for genetic testing related to child support obligations, fixes the conflict in the law regarding personal jurisdiction over nonresidents, and allows orders regarding parental responsibilities to be brought in proceedings under the Court Proceedings Act. The committee discussed the current laws that allow up to five years to have genetic testing performed for child support obligations.
The following persons testified on the bill:
01:41 PM --
Ms. Andrea Baugher, representing the Colorado Division of Child Support Enforcement, testified in support of the legislation and responded to committee questions. Ms. Baugher commented that the time frame for genetic testing differs depending upon whether the child is born of marriage or to an unmarried couple. For a child born of marriage, if the husband wishes to challenge his paternity, testing needs to be performed before the child is five years old or a reasonable amount of time after events (such as a divorce) trigger the belief that the child may not be part of the biological family. In the case of an unmarried couple, the action for testing can be brought at any time without a five-year limitation. Ms. Baugher commented on the events that led to the bill's inception. Ms. Baugher commented that the state needs to do a better job of advising couples that there is a statutory time-frame for requesting genetic testing and this is what Senate Bill 05-181 accomplishes. Ms. Baugher closed by saying that the advisement is most beneficial for parents who represent themselves during a trial.
The committee discussed different presumptions and scenarios that could trigger a request for genetic testing by families or couples. The committee discussed the time frame for requesting a genetic test to determine whether a child is part of the biological family. The committee also discussed language on page 2, line 9, of the bill that addresses the concern that if a person requests a genetic test, the request might prejudice the court in the future when parental responsibilities are decided by the court.
Representative Judd commented that specific language needs to be added to the bill to ensure that the court does not prejudice its decisions on parental responsibilities should a parent ask for a genetic test. Representative Morgan Carroll commented that usually advisements mirror existing rights, but inn this bill there is an advisement of an implied right. Representative Morgan Carroll suggested a need for language to create a right to be advised of in the bill. Representative Morgan Carroll closed by saying that it is desirable to have advisements match existing requirements in law.
02:03 PM --
Ms. Pat Ratliff, representing Colorado Counties Incorporated, testified in support of the legislation. Ms. Ratliff commented on Amendment L.002 saying that the amendment clarifies that the bill does not intend to drive a caseload or increase the work requirements for the child support work unit.
The bill was placed on the table for action. Representative Jahn requested that if any conceptual amendments are added to the bill (in addition to Amendment L.002) to address the language on page 2, line 9, which was previously discussed by the committee, that the amendments be added in committee rather than on second reading. Representative Morgan Carroll commented that the bill would be laid over to allow time for a conceptual(s) amendment(s) to be drafted. She then accepted a motion on Amendment L.002.
BILL:
SB05-181
TIME:
02:06:07 PM
MOVED:
Jahn
MOTION:
Move Amendment L.002 (Attachment A). The motion passed without objection by those members present.
SECONDED:
Judd
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
02:09 PM -- Senate Bill 05-057 - Concerning the Common Law Doctrine of Open and Obvious Danger
On behalf of and at the request of Representative Terrence Carroll, who is the prime sponsor of Senate Bill 05-057 and was still presenting a bill in another committee, Representative Morgan Carroll moved to postpone Senate Bill 05-057 indefinitely.
Prior to the vote, Representative Brophy commented that the bill is an important measure that addresses an accident that happened in his district. Representative Brophy asked that the bill not be acted upon until Representative Terrence Carroll was present in the committee. The committee recessed shortly thereafter to allow time for Representative Terrence Carroll to join the committee.
02:15 PM
Representative Morgan Carroll commented on the motion to postpone Senate Bill 05-057 indefinitely. Representative Brophy made a substitute motion to refer Senate Bill 05-057 to the Committee of the Whole. Representative Terrence Carroll was asked to comment on the substitute motion and said that he was opposed to the motion. He commented that at this time, Senate Bill 05-057 was not in the best interest of the state and needs to be revised to provide a more comprehensive solution. At this time, Representative Terrence Carroll commented that it would be best to lay the bill to rest.
Representative Brophy discussed the need to keep the bill alive to enable the House to be able to continue to work on the issues in Senate Bill 05-057. Representative Hefley also commented on the need to continue to work on the bill.
Representative Terrence Carroll closed by saying that if a solution becomes available, it could be addressed in a late bill in the Senate. He again requested that the bill be postponed indefinitely. At the request of the sponsor, Representative Brophy (and Representative Harvey) withdrew the motion to refer Senate Bill 05-057 to the Committee of the Whole. The previous motion to postpone Senate Bill 05-057 indefinitely was back on the table.
BILL:
SB05-057
TIME:
02:09:17 PM
MOVED:
Carroll M.
MOTION:
Postpone Senate Bill 05-057 indefinitely. Prior to the vote on this motion, a substitute motion was made but after committee discussion, it was withdrawn (see below). The vote on the motion to postpone indefinitely was taken at 2:22 p.m. and passed on a 7-4-0 vote.
SECONDED:
Judd
VOTE
Boyd
Yes
Brophy
No
Decker
Yes
Harvey
No
Hefley
No
Jahn
Yes
Judd
Yes
Kerr
No
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES:
7
NO:
4
EXC:
0
ABS:
0
FINAL ACTION:
PASS
BILL:
SB05-057
TIME:
02:15:52 PM
MOVED:
Harvey
MOTION:
Substitute motion to refer Senate Bill 05-057 to the Committee of the Whole. After a brief committee 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
02:23 PM
The committee briefly discussed placing Senate Bill 05-181 back on the table. However, the bill sponsor and drafter requested additional time to prepare several conceptual amendments to the bill. Representative Morgan Carroll took Senate Bill 05-181 off the table and rescheduled it for action only on Tuesday, March 22, 2005. The committee then adjourned.