Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
JUDICIARY
Date:
02/08/2005
ATTENDANCE
Time:
11:29 AM
to
12:42 PM
Boyd
X
Brophy
X
Place:
HCR 0112
Decker
X
Harvey
E
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:
HB05-1012
HB05-1108
HB05-1110
Postponed Indefinitely
Referred to the Committee of the Whole
Amended and Referred to the Committee of the Whole
11:29 AM
Representative T. Carroll called the committee to order and announced that Representative Stengel, the prime sponsor of HB 05-1012, Concerning Authority for Initiating Dependency and Neglect Action, asked that his bill be postponed indefinitely. Consequently, the committee did not hear witness testimony on the bill.
BILL:
HB05-1012
TIME:
11:30:14 AM
MOVED:
Boyd
MOTION:
Postpone indefinitely HB 05-1012. The motion carried on a vote of 10-0-1.
SECONDED:
Decker
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Excused
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES:
10
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
PASS
11:31 AM -- House Bill 05-1108
While the bill sponsor was being summoned, Representative T. Carroll thanked the committee for its work thus far during the session. The bill was then laid over, and the committee proceeded to HB 05-1110.
11:35 AM -- House Bill 05-1110
Representative Decker, the prime sponsor of HB 05-1110, Concerning the Retail Sale of Methamphetamine Precursor Drugs, described the problems associated with methamphetamine manufacturing and use, and summarized the bill's provisions. He also spoke about some changes to the bill, as contained in an amendment he would introduce later in the hearing. Representative Decker answered questions from the committee regarding the number of packages that a person must purchase in order to have enough pseudoephedrine to manufacture methamphetamine.
The following people testified on the bill:
11:43 AM --
Mr. Stan Dempsey, representing the Colorado Petroleum Association, spoke in opposition to the bill. The chairman gave permission to witnesses and committee members to speak about Amendment L.001 (Attachment A). Committee members were provided with information about methamphetamine labs in the United States (Attachment B).
11:46 AM --
Mr. Chris Howes, representing the Colorado Retail Council and RxPlus, spoke in opposition to the two-pack limit and the identification requirement in the bill, but expressed support for extending immunity to store owners. With Amendment L.001, says Mr. Howes, he no longer opposes the bill. He then responded to questions regarding the rationale for the groups' opposition.
11:50 AM --
Mr. Val Kalnins, representing the Colorado Pharmacist Society, spoke in favor of Amendment L.001 but noted other concerns with the bill, including a lack of exemptions for combination products and liquid pseudoephedrine products.
11:51 AM --
Ms. Linda Pryor, representing Pfizer, spoke in support of the bill and Amendment L.001, but voiced opposition to any efforts to create exemptions for liquid or combination products, citing tests that demonstrate these products can also be converted into methamphetamine.
11:53 AM --
Detective James Mahan, representing the El Paso County Sheriff's Office and the Colorado Springs Police Department, spoke in support of the bill. He discussed the recent growth of methamphetamine labs in his area and dispelled some common myths about the means of acquisition and distribution of pseudoephedrine products that are then used to manufacture methamphetamine. He listed some of the common fuels for cooking methamphetamine and cited the impact of methamphetamine on the environment and people's health. Regarding the committee's questions about Amendment L.001, while Detective Mahan had not seen the amendment, he testified that the identification requirement is a necessary provision in the legislation. He also spoke about the ability of law enforcement and district attorneys to use current law to prosecute the types of activities he described earlier. Representative Decker also responded to questions from the committee.
12:05 PM
The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.
BILL:
HB05-1110
TIME:
12:05:56 PM
MOVED:
Decker
MOTION:
Move Amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:
Hefley
VOTE
Boyd
Brophy
Decker
Harvey
Excused
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES:
0
NO:
0
EXC:
3
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1110
TIME:
12:06:53 PM
MOVED:
Decker
MOTION:
Amend the introduced bill as follows: on page 3, line 9, strike "two" and substitute "three". The motion passed without objection.
SECONDED:
Kerr
VOTE
Boyd
Brophy
Decker
Harvey
Excused
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES:
0
NO:
0
EXC:
3
ABS:
0
FINAL ACTION:
Pass Without Objection
12:07 PM
Representative Decker made closing comments on the bill and the problem of methamphetamine. Representative M. Carroll explained her concerns with the bill. Representative Hefley explained why she is supporting the bill. Representative McGihon thanked the sponsor for his efforts to combat the problem, but stated that this bill was not the solution.
BILL:
HB05-1110
TIME:
12:11:17 PM
MOVED:
Decker
MOTION:
Refer HB 05-1110, as amended, to the Committee of the Whole. The motion carried on a vote of 6-4-1.
SECONDED:
Hefley
VOTE
Boyd
Yes
Brophy
No
Decker
Yes
Harvey
Excused
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
No
Carroll M.
No
Carroll T.
No
Final YES:
6
NO:
4
EXC:
1
ABS:
0
FINAL ACTION:
PASS
12:12 PM
Representative Larson, the prime sponsor of HB 05-1108, Concerning the Creation of an Evidentiary Privilege For Communications Made During the Provision of Certain Peer Support Services, explained what peer support services are and how such interaction is beneficial to those who participate in it. He answered questions from the committee.
The following people testified on the bill:
12:14 PM
-- Dr. Alan Benner, representing the West Coast Post-Trauma Retreat, spoke in support of the bill.
12:20 PM --
Dr. Dan Dworkin, representing the Fort Collins Police Department, spoke in support of the bill and described the benefits of peer support work. He explained why it was necessary to protect peer support interactions. He then responded to questions from the committee regarding the type of information that might be divulged in the peer support setting, and clarified the purpose of peer support. Representative Larson noted two provisions in the bill that waive confidentiality on certain matters.
12:30 PM --
Mr. Danny Veith, representing the Denver Police Department, spoke in support of the bill and described his participation in peer support services.
12:35 PM --
Sheriff Jim Alderden, representing County Sheriffs of Colorado, spoke in support of the bill. Representative Larson asked him to address an earlier question from the committee.
12:38 PM --
Mr. Tony Lombard, representing the Denver Police Protective Association and the Colorado Police Protective Association, spoke in support of the bill.
12:39 PM
The chairman closed the public testimony portion of the hearing. No amendments were offered by the committee or the bill sponsor. Representative Larson made closing comments on peer support. Representative T. Carroll commented on the bill.
BILL:
HB05-1108
TIME:
12:41:37 PM
MOVED:
Boyd
MOTION:
Refer HB 05-1108 to the Committee of the Whole. The motion carried on a vote of 9-0-2.
SECONDED:
McGihon
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Excused
Hefley
Excused
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES:
9
NO:
0
EXC:
2
ABS:
0
FINAL ACTION:
PASS
12:42 PM
The committee adjourned.