Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:03/23/2009
ATTENDANCE
Time:01:35 PM to 02:35 PM
Apuan
X
Court
X
Place:HCR 0107
Gardner B.
X
King
X
This Meeting was called to order by
Miklosi
X
Representative Levy
Pace
X
Roberts
X
This Report was prepared by
Ryden
X
Jessika Shipley
Waller
X
McCann
X
Levy
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB09-1238
HB09-1137		Postponed Indefinitely
Amended, Referred to Appropriations

01:35 PM -- House Bill 09-1238

Representative Rice, prime sponsor, asked the committee to postpone indefinitely House Bill 09-1238 concerning civil forfeiture. He commented on the problems he has had with the bill and indicated that he will come back at a later date with a new bill. He provided some information about the use of asset forfeiture in Colorado and at the federal level.
BILL:HB09-1238
TIME: 01:41:29 PM
MOVED:Gardner B.
MOTION:Postpone indefinitely House Bill 09-1238. The motion passed on a vote of 11-0.
SECONDED:Waller
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



01:47 PM -- House Bill 09-1137

Representative Judd returned to the committee to discuss House Bill 09-1137 concerning intercepting gambling winnings to pay outstanding restitution and requiring the Department of Revenue to provide specified information to state agencies in conjunction with intercepts of tax refunds. He discussed the procedural journey of the bill. Representative Judd responded to questions from the committee.
BILL:HB09-1137
TIME: 02:32:04 PM
MOVED:Court
MOTION:Adopt prepared amendment L.013 (Attachment A). The amendment strikes both the Judiciary Committee report dated February 12, 2009, and the report of the Committee on Appropriations dated March 13, 2009, and adds a fee of $85 to be deposited in to the Gambling Payment Intercept Cash Fund. Representative Judd responded to committee questions. The motion passed on a vote of 6-5.

09HouseJud0323AttachA.pdf
SECONDED:Miklosi
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
No
Miklosi
Yes
Pace
No
Roberts
No
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS
















BILL:HB09-1137
TIME: 02:19:32 PM
MOVED:Gardner B.
MOTION:SUBSTITUTE MOTION: Adopt prepared amendment L.014 (Attachment B). The amendment strikes the committee report from the Committee on Appropriations dated March 13, 2009. Members of the committee commented on the amendment. The motion failed on a vote of 5-6.

09HouseJud0323AttachB.pdf
SECONDED:King
VOTE
Apuan
No
Court
No
Gardner B.
Yes
King
Yes
Miklosi
No
Pace
Yes
Roberts
Yes
Ryden
No
Waller
Yes
McCann
No
Levy
No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


























BILL:HB09-1137
TIME: 02:30:02 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.016 (Attachment C). The amendment amends L.013 and restores the appropriations clause. Representative Judd responded to questions from the committee about how the Committee on Appropriations intended to pay for the bill. The motion failed on a vote of 5-6.

09HouseJud0323AttachC.pdf
SECONDED:Roberts
VOTE
Apuan
No
Court
No
Gardner B.
Yes
King
Yes
Miklosi
No
Pace
Yes
Roberts
Yes
Ryden
No
Waller
Yes
McCann
No
Levy
No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
























BILL:HB09-1137
TIME: 02:33:20 PM
MOVED:Court
MOTION:Refer House Bill 09-1137, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 6-5.
SECONDED:Apuan
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
No
Miklosi
Yes
Pace
No
Roberts
No
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:34 PM

Representative Levy adjourned the committee.