Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:01/28/2009
ATTENDANCE
Time:01:37 PM to 04:03 PM
Hudak
X
King K.
X
Place:SCR 354
Lundberg
X
Newell
X
This Meeting was called to order by
Renfroe
X
Senator Morse
Carroll M.
X
Morse
X
This Report was prepared by
Sara McPhee
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB09-021
SB09-060
SB09-035		Witness Testimony and/or Committee Discussion Only
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole


01:38 PM

The chair announced that the committee would not be hearing two of the bills on the calendar, SB 09-058 and SB 09-069.


01:39 PM -- Senate Bill 09-021

Senator Kopp, bill sponsor, provided an overview of SB 09-021. He explained that the bill establishes several incentives for volunteer firefighters. First, it creates a program to provide volunteer firefighters with tuition vouchers. Second, the bill creates a grant program to provide money to volunteer firefighter departments to conduct training on fighting fires in wildland-urban interface areas. Finally, the bill establishes a program to reimburse volunteer firefighters for up to $250 in equipment costs.


01:47 PM

The committee discussed the provisions of the bill, particularly those relating to the costs as outlined in the fiscal note.

01:53 PM -- David Porter, Legislative Council staff, spoke about the fiscal provisions of the bill. Senator King asked about College Opportunity Fund and how that applies to the costs in the fiscal note.









01:59 PM -- John Giardino, representing Colorado Mountain College, indicated that the college he represents is a local district college that was not included in the bill. He noted that the Breckenridge campus has a very active firefighting program. He expressed interest in the college being included in the bill.

02:04 PM -- Paul Cooke, representing the Colorado State Fire Chiefs Association, spoke in support of the bill. He discussed the significant need for training for firefighters. Senator Morse asked about the equipment rebate provision and why it makes sense to shift the cost from the local community to the state.

02:15 PM -- John Singer, representing the Colorado State Fire Fighters Association, spoke in support of the bill. He explained that recruiting and retention of volunteer firefighters is a large problem for local fire departments. He explained that the volunteers require 36 hours of training each year and many departments are not able to provide the training. Senator Newell asked about turnover rates for volunteer firefighters.

02:17 PM -- Rich Homan, representing the Colorado State Forest Service, spoke in support of the bill. He discussed the recruitment and retention problems for volunteer firefighters. Senator Kopp also discussed the responsibility of the state to provide resources for training volunteer firefighters.


02:33 PM

The chair laid the bill over for action at a future committee meeting.

02:34 PM

The committee took a brief recess.


02:39 PM -- Senate Bill 09-060

Senator Tochtrop, bill sponsor, explained the provisions of Senate Bill 09-060. She explained that this bill cleans up the statutes concerning illegal drug laboratories. It defines the term of illegal drug laboratory to be areas where controlled substances are manufactured, processed, cooked, disposed of, used, or stored. In addition, it specifies that any contract to sell contaminated property cannot limit the right of the buyer to test the property or to cancel the contract based upon the results of the tests.

02:49 PM -- Tim Gablehouse, representing himself, spoke in support of the bill. He discussed the costs associated with cleaning facilities that have been contaminated by methamphetamine. He discussed the addition of use to the methamphetamine cleanup provisions of the law. Senator Lundberg asked about the costs associated with methamphetamine cleanup. Mr. Gablehouse also discussed the myriad of ways in which methamphetamine is produced and the toxic nature of the substance. The committee discussed the provisions of the bill.


03:09 PM

The committee took a brief recess.










03:13 PM

The committee came back to order.

03:13 PM -- Kristen Forrestal, Office of Legislative Legal Services, discussed the specifics of the bill. She indicated that the bill is only related to methamphetamine.
BILL:SB09-060
TIME: 03:18:39 PM
MOVED:Morse
MOTION:Refer Senate Bill 09-060 to the Committee of the Whole. The motion passed on a 7-0 roll call vote.
SECONDED:
VOTE
Hudak
Yes
King K.
Yes
Lundberg
Yes
Newell
Yes
Renfroe
Yes
Carroll M.
Yes
Morse
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:20 PM -- Senate Bill 09-035

Senator Renfroe, bill sponsor, provided an overview of Senate Bill 09-035. He explained that under current law, public officials are prohibited from having a financial interest in contracts made as a part of their official capacity. The law also prohibits public officials from entering into contracts related to their official capacity for six months after leaving office. According to Senator Renfroe, the bill makes it a class 1 misdemeanor if public officials violate these existing laws.

03:27 PM -- Ken Buck, representing the Weld County District Attorney's Office as well as the Colorado District Attorneys' Association, spoke in support of the bill. He indicated that there was an ethics violation in Weld county within the last year. However, no penalties were attached to the ethics statute for prosecution. Senator Carroll discussed her concerns with the bill and attaching the same penalties to other provisions within the ethics laws.


03:39 PM

The committee discussed the issue of whether or not the ethics provisions should be criminalized and also whether they should be consistent across all of the ethics statutes. Mr. Buck addressed the issue of enforcement by the DAs rather than a county attorney.









03:50 PM

Senator Newell asked about the number of cases and whether the bill is necessary.


03:58 PM

Senator Morse discussed the idea of having the crime in title 18 and discussed similar provisions within title 18 that could be modified to be relevant to this violation. Mr. Buck discussed a proposed amendment to add language about an individual knowingly committing the crime.


04:02 PM

Senator Renfroe concluded his presentation of the bill.
BILL:SB09-035
TIME: 04:02:40 PM
MOVED:Renfroe
MOTION:Adopt prepared Amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Hudak
King K.
Lundberg
Newell
Renfroe
Carroll M.
Morse
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





















BILL:SB09-035
TIME: 04:02:52 PM
MOVED:Renfroe
MOTION:Refer Senate Bill 09-035 to the Committee of the Whole. The motion passed on a 6-1 roll call vote.
SECONDED:
VOTE
Hudak
Yes
King K.
Yes
Lundberg
Yes
Newell
No
Renfroe
Yes
Carroll M.
Yes
Morse
Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:03 PM

The committee adjourned.