Senate Committee on Judiciary (03/09/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	03/09/2009	ATTENDANCE

Time:	01:33 PM to 03:09 PM	Hudak	*
		King K.	*
Place:	SCR 352	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:
HB09-1207 HB09-1254 HB09-1263 HB09-1262		Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole

01:33 PM -- House Bill 09-1207

Senator Veiga, bill sponsor, explained that House Bill 09-1207 is a technical clean up to the public trustee laws. She distributed Amendment L.006 (Attachment A).

01:35 PM -- Bob Sagel, representing the Colorado Public Trustee Association, spoke in support of the bill. He noted that he agrees with Senator Veiga that the bill is a technical clean up bill. He explained that they worked with a variety of stakeholders on the bill.

01:37 PM

Senator Morse asked about the amendment from the House which defined person. He noted that he believes that person already is defined in statute. Mr. Sagel explained that the amendment was at the request of some public trustees to clarify the foreclosure statutes. He stated that the definition is the same as it is used other places in the statutes. Senator Carroll asked about specific provisions of the bill.


BILL:	HB09-1207
TIME:	01:40:59 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared Amendment L.006 (Attachment A). 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:	HB09-1207
TIME:	01:41:33 PM
MOVED:	Carroll M.
MOTION:	Refer House Bill 09-1207, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a 6-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Excused
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

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

01:43 PM -- House Bill 09-1254

Senator Harvey, bill sponsor, explained that House Bill 09-1254 concerns IRS 1031 exchanges. He explained that these transactions are not regulated and there are a number of entities that handle the money in these exchanges. In some cases, Senator Harvey stated that the money has been mishandled. He noted that this bill concerns who can handle these exchanges and what they can and cannot do with the funds. He distributed Amendments L.004 and L.005 (Attachments B and C).

01:47 PM -- Scott Saunders, representing Asset Preservation, and Jason Hopfer, representing the Federation of Exchange Accommodators, spoke in support of the bill. Mr. Saunders explained that the bill has to do with safeguarding the money while it is being held by an intermediary and not the rules concerning 1031 exchanges themselves. Mr. Hopfer discussed the impetus for the bill. He also discussed Amendment L.004. Senator Harvey explained that 1031 exchanges apply to all types of property and not just real estate.

01:52 PM

Senator King asked about fees and how they are structured. Mr. Saunders noted that the average fee is approximately $700 and is paid by the individual using the service. Senator Renfroe asked about an option for the individual initiating the 1031 to be able to opt out of the requirements of the bill. Senator Harvey discussed Amendment L.005. In reference to Senator Renfroe's possible amendment concerning opting out of the bill, Senator Harvey noted that he believes that there should be language concerning sophisticated investors. Senator Carroll discussed previous discussion on this issue from the House in the last legislative session. She stated that perhaps there could be a narrow opt-out on the fees or bonding provision, but not from the deceptive trade practice portion of the bill.

Tom Morris, representing the Office of Legislative Legal Services, stated that it would be possible to craft some exemptions. Senator King asked if there is currently a loophole concerning 1031 exchanges. Senator Carroll asked for more specifics on Senator Renfroe's amendment. Senator Renfroe stated that the opt out would be for where the money would be placed and not for the entire bill. Mr. Saunders discussed the possible fees under the bill. Mr. Morris indicated that an alternative to avoid the fees already exists in the bill.


BILL:	HB09-1254
TIME:	01:57:10 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared Amendment L.004 (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:	HB09-1254
TIME:	01:57:27 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared Amendment L.005 (Attachment C). 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:	HB09-1254
TIME:	01:57:36 PM
MOVED:	Renfroe
MOTION:	Adopt a conceptual amendment to allow people to opt out of the trust or the bond provision if they have a provider with whom they are comfortable. The motion 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:	HB09-1254
TIME:	02:11:37 PM
MOVED:	Carroll M.
MOTION:	Refer House Bill 09-1254, as amended, 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

02:12 PM -- House Bill 09-1263

Senator Carroll, bill sponsor, explained that House Bill 09-1263 concerns earned time provisions and the way that time is computed in county jails. She noted that the bill also concerns pre-sentence confinement at prisons.

02:14 PM -- Richard Hughes, representing himself, spoke in opposition to the bill. He stated that his concern is that there are inmates who do not have rights under the bill. He explained that these inmates are those who are taking medications and they are not allowed to participate in the trusty prisoner program. He stated that he understands that the program is a privilege, but these inmates do not even have the opportunity to participate in the program. He would like to see an amendment to the bill that allows additional good time to be allowed for inmates who cannot participate in the program.

02:19 PM

Senator Carroll clarified that Mr. Hughes is discussing the trusty prisoner program and that this bill only changes the time computation from one month to 30 days and does not address the substance of the program.

02:21 PM -- Peter Weir, representing the Department of Public Safety, spoke in support of the bill. Mr. Weir indicated that this bill is a product of the Colorado Commission on Criminal and Juvenile Justice. Mr. Weir explained that the bill gives greater flexibility for inmate management. He noted that the bill also gives the sheriff the discretion to add earned time based on criteria established by the sheriff. The final section of the bill, according to Mr. Weir, concerns the time computation for individuals who are facing parole revocation. Senator King asked about the circumstances concerning parole revocation. Mr. Weir indicated that there are two types of parole revocation: for substantive offenses or for technical violations. Senator Morse asked Mr. Weir about the concerns raised by Mr. Hughes.

02:31 PM -- Doug Wilson, representing the Office of the State Public Defender, spoke in support of the bill. He stated that the bill allows the sheriff to give additional earned time to inmates who complete specific programs.

02:34 PM -- Don Quick, representing himself, spoke in support of the bill. He noted that some district attorneys are not in support of this bill, but he is in support of the bill because he believes that sheriffs should have discretion in awarding time.

02:35 PM -- Doug Darr, representing the Colorado Sheriffs Association, spoke in support of the bill. Senator Morse asked Mr. Darr about the concerns raised by Mr. Hughes. Sheriff Darr explained that in his facility they do have inmates with mental illness in the trusty prisoner program.


BILL:	HB09-1263
TIME:	02:39:27 PM
MOVED:	Carroll M.
MOTION:	Refer House Bill 09-1263 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. 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

02:40 PM -- House Bill 09-1262

Senator Morse, bill sponsor, explained the provisions of House Bill 09-1262. He explained the types of crimes for which people can be arrested, such as felonies, misdemeanors, and petty offenses. Senator Morse noted that a district attorney has to decide to charge an individual with a felony, but a police officer can charge an individual with crimes below a felony. Even though a district attorney has to decide charges for a felony, according to Senator Morse, a police officer arrests the individual for a felony. He explained that for the lower felony classes and for misdemeanors, most of the time a person receives a summons and does not have to spend time in jail awaiting trial; however, a summons is not an option for the higher felonies (classes 1,2, and 3). Senator Morse stated that this bill eliminates the need for district attorney approval to issue the summons for the class 4, 5, and 6 felonies.

02:52 PM -- Peter Weir, representing the Department of Public Safety, spoke in support of the bill. He discussed the reasons for having a demarcation between class 1, 2, and 3 felonies as opposed to class 4, 5, and 6 felonies for the purposes of the bill.

02:58 PM -- Doug Wilson, representing the Office of the State Public Defender, spoke in support of the bill. He explained that the idea is to allow individuals to stay in the community, rather than in jail, while awaiting trial. He noted that the hope is to cut down on some of the crowding in the jails.

03:02 PM -- Don Quick, representing Colorado District Attorneys Council, spoke in support of the bill. He indicated that the bill both addresses jail overcrowding and consistency in issuing summons for felony arrests.

03:05 PM -- Doug Darr, representing the County Sheriffs of Colorado, spoke in support of the bill. He explained the difference between an arrest warrant and a summons.


BILL:	HB09-1262
TIME:	03:08:52 PM
MOVED:	Morse
MOTION:	Refer House Bill 09-1262 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. 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

03:09 PM

The committee adjourned.