Senate Committee on Judiciary (02/25/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	02/25/2009	ATTENDANCE

Time:	01:41 PM to 06:32 PM	Hudak	X
		King K.	X
Place:	SCR 356	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:
Conf 09-Civil Rights Commission Confirmations HB09-1090 HB09-1151 SB09-237		Favorably Refer to the Full Senate Referred to the Committee of the Whole Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole

01:41 PM -- Civil Rights Commission Confirmations

01:43 PM -- Diann Rice, candidate for the Civil Rights Commission, spoke about her qualifications. She explained that she spent her career for the Colorado Department of Human Services.

01:45 PM -- Raju Jairam, candidate for the Civil Rights Commission, spoke about his qualifications. He discussed his personal experiences with discrimination. He also noted that he has experience with serving on a multicultural task force.

01:46 PM -- Isaiah Kelley, candidate for the Civil Rights Commission, spoke about his qualifications. He discussed the need for ensuring that civil rights laws are upheld and that he is committed to doing the mission of the commission. He also noted that he has experience in housing issues.


BILL:	Civil Rights Commission Confirmations
TIME:	01:49:46 PM
MOVED:	Carroll M.
MOTION:	Moved to favorably recommend the names of Isaiah Kelley, Diann Rice, and Raju Jairam as members of the Colorado Civil Rights Commission to the full Senate. 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

01:50 PM -- House Bill 09-1090

Senator Williams, bill sponsor, explained the provisions of House Bill 09-1090. She explained that the bill concerns who may be certified as a deaf interpreter. The bill also makes it a deceptive trade practice to claim to be an interpreter for the deaf unless a person holds a current certification of competence from the Registry of Interpreters for the Deaf.

01:59 PM

Senator Lundberg asked about the prohibition that an individual cannot be an interpreter without a certification. He asked if this prohibition is for people who have businesses, but not for people who do it on a volunteer basis. Senator Williams explained that this bill is not for individuals who volunteer or are in a nonprofessional situation.

02:03 PM -- Carrie Ann Lucas, representing the Colorado Cross-Disability Coalition, spoke in support of the bill. She provided the committee with an attachment (Attachment A). She indicated that she is an attorney who specializes in deaf issues. Ms. Lucas discussed the problem of unqualified interpreters in professional settings, such as a court room or a medical consultation. She noted that in many situations these unqualified interpreters are hired and paid for by state agencies, but the deaf individuals are not getting effective communication which is a waste of resources. According to Ms. Lucas, this bill would give consumers and businesses recourse if unqualified interpreters were used.

02:07 PM -- Danelle Jansen, representing the Colorado Association of the Deaf, spoke in support of the bill. She noted that she has been working for some time to ensure that quality interpreters are available for the deaf. She explained that in previous years her organization has tried to obtain licensure for deaf interpreters. Ms. Jansen explained that they were able to achieve regulation for interpreters in education and legal situations, but not for the general population. She stated that they are talking about professional interpreters and not people who serve in a volunteer capacity. She also noted that non-certified interpreters may still practice, but these interpreters must be transparent about the fact that they are not certified.

02:12 PM

Senator King asked if regulation is necessary since the certification already exists on a voluntary basis. Ms. Jansen stated that the incentive does not exist to get certified in Colorado because it is not necessary and many people who need to hire interpreters do not know to ask for certified interpreters. Senator King asked about how many people are certified in Colorado. Senator Carroll asked about licensure and whether or not this has been reconsidered recently. Ms. Jansen indicated that DORA has advised them to use the deceptive trade practice route rather than licensure because they have not met the burden of proof for causing harm which is necessary to justify licensure.

02:20 PM -- Kim Parra, representing herself, spoke in support of the bill. She related her personal experiences with deaf interpreters. She explained the difficulties that she had with her interpreter during her educational experiences.

02:23 PM -- Ami Garry, representing DOVE: Advocacy Services for Abused Deaf Women and Children, spoke in support of the bill. She related experiences that she has seen through her organization. She expressed the need for regulation. Senator Carroll asked about other educational efforts for deaf people so that they know what to ask for with interpretation. Senator Renfroe asked about how to increase the pool of qualified interpreters.

02:30 PM -- Amie Seiberlich, representing the National Registry for the Interpreters for the Deaf, spoke in support of the bill. She discussed the need for qualified interpreters. She explained that deaf people do not hire their own interpreters, by law they are required by the entities doing business with the deaf person. She discussed the educational qualifications required for interpreters to become certified.

02:36 PM -- Maria Ruiz-Williams, representing herself, spoke in support of the bill. She discussed her personal experiences with deaf members of her family and their experiences with deaf interpreters. She discussed her experiences with becoming a certified deaf interpreter.

02:43 PM -- Kirk Neuroth, representing the Colorado Association of the Deaf, spoke in support of the bill. He discussed the benefits of passing this legislation. He related his experiences as a deaf interpreter with medical clients.

02:48 PM -- Chris Lines, representing DORA, spoke about the bill. Senator Carroll asked why this issue does not rise to the level of public safety necessary to require licensure. Mr. Lines noted that the most recent sunrise review was completed this week and does look for title protection which is a part of the deceptive trade practice. Mr. Lines indicated that the bar for licensure is quite high.

02:55 PM

Senator Williams concluded her presentation of the bill. Senator King discussed his concerns with the bill, particularly on page 2, lines 16 through 18. Senator Williams likened the certification card to carrying a drivers license.


BILL:	HB09-1090
TIME:	02:57:36 PM
MOVED:	Hudak
MOTION:	Refer House Bill 09-1090 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

03:02 PM -- House Bill 09-1151

Senator Heath, bill sponsor, provided an overview of House Bill 09-1151. He explained that the bill places the review and approval activities for school district and junior college construction projects in the Department of Public Safety. According to Senator Heath, this moves this responsibility from the Department of Labor and Employment which will streamline the processes for schools districts and junior colleges.

03:09 PM

Senator King discussed his concerns with the bill.

03:11 PM -- Diana Scott, representing Eagle County School District and Summit County School District, spoke about the bill. She indicated that she has concerns about some of the wording in the bill, especially concerning the language with the fire division having some leeway with fire codes. She would prefer to see school building construction as its own department, not under the fire division.

03:14 PM -- Jeff Arnold, representing the Colorado School Plant Managers Association, spoke about the bill. He noted that he believes that this bill will create efficiencies which he supports. He has wording that he would like to see clarified through amendment. Senator Carroll asked about specific wording. Mr. Arnold indicated that his concerns are related to the alignment with moving the inspection review from the Department of Public Safety to be under the Division of Fire Safety.

03:20 PM

The committee discussed the specifics of the bill.

03:21 PM -- Peter Weir, representing the Department of Public Safety, and Kevin Klein, representing the Division of Fire Safety, spoke in support of the bill. Mr. Weir explained that this bill will create efficiencies and he noted that the Department of Public Safety and the Department of Labor and Employment are in support of the bill.

03:24 PM

Senator King asked about why Department of Regulatory Agencies (DORA) is not included in this bill to further streamline processes. Mr. Klein indicated that the statute for this bill has a fairly narrow focus and DORA's processes are outside the scope of that statute. He explained that this bill applies only to public schools whereas the DORA regulations deal with all buildings. The committee discussed the specifics of the bill with Mr. Klein.

03:36 PM -- Jerry Stricker, representing the Fire Marshalls Association of Colorado and the State Fire Chiefs Association, spoke in support of the bill.

03:38 PM -- Greg Wheeler, representing the Colorado Chapter of the International Code Council, spoke about the bill. He explained that there is a need for regulation at the state level because many local governments do not have building departments that can do school inspections.

03:41 PM

Senator Hudak asked about the specifics of the bill. Mr. Klein returned to the table to address Senator Hudak's questions concerning state charter school institutes.

03:46 PM -- Wayne Blazik, representing the Colorado State Plant Managers Association, spoke about the bill. He discussed the issue of local planning. He also discussed the increased efficiencies that would be brought about by involving DORA in the process.

03:50 PM

Senator Heath concluded his presentation of the bill and distributed prepared Amendment L.007 (Attachment B).


BILL:	HB09-1151
TIME:	03:51:26 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared Amendment L.007 (Attachment B). 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:	HB09-1151
TIME:	03:51:36 PM
MOVED:	Carroll M.
MOTION:	Refer House Bill 09-1151, as amended, to the Committee on Appropriations. 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

03:59 PM -- Senate Bill 09-237

Senator Lundberg, bill sponsor, explained the provisions of Senate Bill 09-237. He explained that the bill concerns grounds for expulsion from public schools.

04:01 PM -- Marie Morrow, representing herself, spoke about her personal situation with being expelled from school. She indicated that the school had to expel her, but they had discretion in the number of days. She explained that she did not know that her props should not be brought to school.

04:06 PM -- Robert Edmiston, representing the Firearms Coalition of Colorado, spoke in support of the bill. He noted that he believes that lawmakers should add flexibility to the law concerning expulsion.

04:10 PM -- Chris Proctor, representing the Douglas County Young Marines, spoke in support of the bill. He explained that he does not want his young marines to fear expulsion for accidentally leaving a mock rifle in a locked car on school grounds.

04:13 PM

Senator Morse referred to the current menacing statute and how to balance that statute with the situation presented before the committee today. Senator Morse asked about what the young marines are taught concerning how to handle their mock weapons. Mr. Proctor discussed the specifics of the Young Marines program that Ms. Morrow participates in.

04:22 PM -- Patricia Sargent, representing herself, spoke in support of the bill. She indicated that she is a mentor to Ms. Morrow and that she also has a background in public school administration. She discussed situations in her experience concerning students and expulsion. She discussed the ramifications of Ms. Morrow's mistake.

04:32 PM -- Jessica Bralish, representing herself, spoke in support of the bill. She discussed her personal experiences with a situation of inadvertently having a weapon at school.

04:39 PM -- Shirley Bralish, representing herself, spoke in support of the bill. She discussed her daughter Jessica's situation and explained that she believes that her daughter was treated too severely.

04:53 PM -- Jonathan and Sarah Robbins, representing themselves, spoke in support of the bill.

04:57 PM -- Lynn Lindstrom, representing herself, spoke in support of the bill. She explained that she is involved in the color guard who also use mock weapons.

05:01 PM -- Mary Chesley and Randy Councell, representing the Cherry Creek School District, spoke about the bill. Ms. Chesley discussed the need to strike a balance between school safety and common sense. She explained that anything that looks at all like a gun causes a reaction if it is on school grounds. Mr. Councell explained that his job deals with school safety and their policy is if something looks like a weapon they consider it a weapon, but then they do find out more and determine why a student has something and use discretion.

05:09 PM

Senator Carroll asked about the consequences of a suspension. Ms. Chesley indicated that the record is expunged upon graduation. Ms. Chesley explained that she would like the bill to be amended to allow the school discretion to determine whether or not to suspend or expel a student. Senator Lundberg discussed a possible amendment to replace the word brandishing with displaying or carrying. Senator Morse indicated that it should be amended to include brandishing, carrying, or displaying. Ms. Chesley discussed the specifics of the amendment.

05:15 PM

Senator Hudak distributed Amendment L.001 (Attachment C) that she believes may solve the issue of concern for Ms. Chesley and the committee. Senator Carroll asked about the specifics of education law and where discretion is allowed. Ms. Chesley addressed Amendment L.001. The committee discussed the specifics of the proposed amendment.

05:32 PM

Senator Renfroe discussed the need for more discretion in school decision making. Ms. Chesley discussed the issue of discretion with the committee and potential amendments to the bill.

05:48 PM

The committee continued to discuss potential amendments to the bill.

05:48 PM -- Peg Ackerman, representing the County Sheriff's Association, spoke in support of the bill.

05:50 PM -- Bruce Caughey, representing the Colorado Association of School Executives, spoke about the bill. He indicated that his organization appreciates the intent of the bill, but believes that great care should be taken when amending the statutes concerning firearms or mock firearms. He discussed potential amendments to the bill.

05:53 PM

Senator Lundberg concluded his presentation of the bill. Senator Hudak discussed her concerns with the amendment and the bill in its current form. The committee continued to discuss the amendment and the bill.


BILL:	SB09-237
TIME:	06:10:12 PM
MOVED:	Lundberg
MOTION:	Amend Senate Bill 09-237, page 2, line 14, after brandishing, add "or carrying on his or her person". 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:	SB09-237
TIME:	06:23:01 PM
MOVED:	Carroll M.
MOTION:	Amend Senate Bill 09-237, page 2, line 15 after firearm, add "nothing in 22-33-106 (1) (f) shall be construed as prohibiting a school district from suspending or expelling a student if the suspension or expulsion would be in accordance with the school district's discipline code." The amendment was withdrawn.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	SB09-237
TIME:	06:31:02 PM
MOVED:	Lundberg
MOTION:	Refer Senate Bill 09-237, as amended, to the Committee of the Whole. The motion passed on a 6-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Excused
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

06:32 PM

The committee adjourned.