Senate Committee on Judiciary (03/04/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	03/04/2009	ATTENDANCE

Time:	01:36 PM to 05:31 PM	Hudak	*
		King K.	*
Place:	SCR 352	Lundberg	*
		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-Juvenile Parole Board HB09-1183 HB09-1181 SB09-231 HB09-1198		Favorably Refer to the Full Senate Referred to Appropriations Referred as amended to the Committee of the Whole Referred to the Committee of the Whole Referred as amended to the Committee of the Whole

01:37 PM -- Confirmation to the Juvenile Parole Board

001:37 PM -- Mary Beth Buescher, candidate for the Juvenile Parole Board, spoke about her qualifications.


BILL:	Confirmation to the Juvenile Parole Board
TIME:	01:37:19 PM
MOVED:	Carroll M.
MOTION:	Moved to favorably recommend the name of Mary Beth Buescher as a member of the Juvenile Parole Board to the full Senate. 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

01:38 PM -- House Bill 09-1183

Senator Hodge, bill sponsor, explained the provisions of House Bill 09-1183. She stated that the bill increases the penalty for real estate appraisers who conduct an appraisal in a fraudulent manner.

01:39 PM -- Tom Raynes, representing the Office of the Attorney General, spoke in support of the bill. Mr. Raynes noted that this bill was narrowed in the House to only include offenses that are the most severe. He stated that offenses that already are criminal under existing law are not included in this bill, but instead remain within the purview of regulatory oversight in the Department of Regulatory Agencies (DORA). Mr. Raynes explained that often times mortgage fraud cases involve an appraiser and it is necessary to increase the severity of this crime. Senator King asked about the prevalence of cases that have been brought against real estate appraisers.

01:44 PM -- Zachary Urban, representing the Division of Real Estate in DORA, spoke in support of the bill. He noted that his office is seeing increasing incidences of mortgage fraud. He discussed the current penalties for real estate appraisers. He echoed the sentiments of Mr. Raynes that if a mortgage fraud occurs it often is because of an appraiser.


BILL:	HB09-1183
TIME:	01:49:18 PM
MOVED:	Carroll M.
MOTION:	Refer Senate Bill 09-1183 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

01:50 PM -- House Bill 09-1181

Senator Foster, bill sponsor, explained the provisions of House Bill 09-1181. She explained that the bill allows victims to attend and speak at a community corrections hearing. Senator Foster stated that the bill allows the community corrections board to establish parameters for the victims to speak. She distributed a handout (Attachment A).

01:56 PM -- Joe Cannata, representing Voices of Victims, spoke in support of the bill. He stated that he believes that victims should have the same rights from county to county and this bill would create uniformity across the state concerning victims speaking at community corrections hearings.

02:01 PM

Senator Hudak asked about the purpose of the bill. Mr. Cannata stated that when offenders are transitioning to community corrections it has an effect on victims and the public. Senator Newell discussed restorative justice as a part of this bill.

02:07 PM -- Curtis "Habe" Lawson, representing himself, spoke in opposition to the bill. He discussed his personal experiences with the criminal justice system. He explained that he believes that victims should have a voice, but this bill does not allow family and friends of the defendant to speak at these community corrections hearings. He indicated that he would like for both parties to speak or for no one to speak. Senator Newell discussed the possibility of another bill that addresses the families of the defendant.

02:14 PM -- Steve Meyer, representing himself, spoke in support of the bill. He related his personal experiences with attending a community corrections hearing as a victim and not being able to speak.

02:19 PM -- Robert Forto, representing Colorado CURE, spoke in opposition to the bill. He related his personal experiences with the criminal justice system.

02:25 PM -- Randall Raizen, representing himself, spoke in support of the bill. He related his personal experiences with community corrections hearings. He noted that at a hearing in Denver, he was able to appear at the hearing as a victim.

02:29 PM -- Dawn Skipp, representing Colorado CURE, spoke in opposition to the bill. She discussed her personal experiences with having a son involved in the criminal justice system. She stated that she believes that if offenders are kept in prison longer, there will be an increase in recidivism rates.

02:33 PM -- Ted Tow, representing the Colorado District Attorneys Council, spoke in support of the bill. He stated that this bill provides a voice to the victims of crimes.

02:37 PM

Senator Renfroe asked about statistics from community corrections boards that allow the victim to speak as opposed to those boards that do not. Senator Hudak asked about the differences between the original version of the bill and the amendments made in the House. Senator Hudak asked about the types of information that community corrections boards have at the hearing.

02:44 PM -- Dianne Tramutola-Lawson, representing Colorado CURE, spoke in opposition to the bill. She noted that she served on a community corrections board and she is opposed to the bill mandating that victims speak at all community corrections hearings. She distributed a handout (Attachment B).

02:48 PM -- Jocelan Martell, representing herself, spoke in support of the bill. She spoke about her personal experiences with attending hearings as a victim.

02:52 PM -- Gina Shimeall, representing herself, spoke in opposition to the bill. She noted that she has served as a community corrections board member. She discussed the role of the community corrections boards. She stated that people who go through community corrections have a lower recidivism rate than those who are paroled directly. Ms. Shimeall also discussed her belief that the bill may be unconstitutional.

03:01 PM

Senator Newell asked about other community corrections boards and whether there are sometimes problems with inconsistencies across community corrections boards. Ms. Shimeall responded that there are state standards in existence for community corrections boards. Ms. Shimeall noted that if the bill were to pass she would want the bill to include time limits and conditions for the victims to speak at the hearings.

03:09 PM

Senator King asked about Ms. Shimeall's statement that the bill may not be constitutional. Senator Hudak discussed the difference between the introduced and the reengrossed versions of the bill.

03:19 PM -- Robby Jump, representing himself, spoke in support of the bill. He related his personal experiences with being a victim of a crime and attending a community corrections hearing.

03:27 PM -- Cathy Kohl, representing herself, spoke in support of the bill. She stated that she is the mother of the previous witness, Robby Jump. She discussed her experiences and those of her son concerning being a victim of a crime and dealing with a community corrections board.

03:32 PM -- Pamela Martinez, representing herself, spoke in support of the bill. She discussed her personal experiences with having a family member who is a victim of a crime and community corrections hearings. She noted that her experiences are in Denver County where victims are allowed to speak and how important that has been for her family.

03:38 PM -- Steve Siegel, representing the Colorado Organization for Victim Assistance, spoke in support of the bill. He discussed the importance of the right of the victim to be heard.

03:40 PM -- Lisa Brody, representing herself, spoke in support of the bill. She discussed her personal experiences with family members who are victims of a crime.

03:45 PM -- Tom Giacinti, representing the First Judicial District Community Corrections Board, spoke in support of the bill. He indicated that his board had concerns, but that those concerns pale in comparison to the victim being able to speak. He discussed the types of parameters that the board may place on victims when speaking at hearings.

03:53 PM

Senator Foster concluded her presentation of the bill. She distributed Amendment L.003.


BILL:	HB09-1181
TIME:	03:58:35 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared Amendment L.003 (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:	HB09-1181
TIME:	04:00:25 PM
MOVED:	Carroll M.
MOTION:	Refer House Bill 09-1181, 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

04:01 PM -- Senate Bill 09-231

Senator Penry, bill sponsor, explained the provisions of Senate Bill 09-231. He also distributed a handout (Attachment D). He explained that the bill extends the state methamphetamine task force. Senator Penry discussed the accomplishments of the task force.

04:10 PM -- Geoff Blue, representing the Office of the Attorney General, spoke in support of the bill. He noted that the Attorney General is the chair of the task force and they would like to see the task force continued.

04:10 PM -- Lori Moriarty, representing the State Methamphetamine Task Force, spoke in support of the bill. She indicated that she is a vice-chair of the task force. She discussed the importance of the task force and the way that various agencies, at the state and local level, are working together to combat this problem.

04:16 PM -- Janet Wood, representing the Department of Human Services, spoke in support of the bill. She noted that she serves on the task force. She stated that the rate of methamphetamine use is decreasing in Colorado, but the problem still exists.

04:18 PM

Senator Penry concluded his presentation of the bill.


BILL:	SB09-231
TIME:	04:18:41 PM
MOVED:	Carroll M.
MOTION:	Refer Senate Bill 09-231 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

04:20 PM -- House Bill 09-1198

Senator Morse explained the provisions of Senate Bill 09-1198. He explained that it is a uniform act bill concerning power of attorney for individuals. He noted that there is a lot of power of attorney abuse and this bill addresses that.

04:22 PM -- Stan Kent and John DeBruyn, representing the Colorado Bar Association, spoke in support of the bill. Mr. Kent discussed the provisions of the bill. He explained that this bill addresses power of attorney. It seeks to preserve the low cost method of providing surrogate decision making while at the same time preventing abuse of the power of attorney. He stated that the bill explains the concept of power of attorney on page 43 of the bill and the bill includes a standard form for executing a power of attorney. Mr. Kent indicated that this bill will foster the use and acceptance of the power of attorney. According to Mr. Kent, a bank could refuse to accept a power of attorney, without penalty, if there is reason to doubt the authenticity. On the other hand, if there is no reason to doubt the authenticity then the bank must comply with the power of attorney. Mr. Kent stated that this bill goes much further in providing protection for power of attorney than in the current statute. Related to that, he noted that this bill gives people standing to go to court and account for the power of attorney to make sure that abuses are not happening. Mr. Kent explained that, under the bill, the power of attorney document must expressly give the individual who holds the power of attorney the right to engage in activities that have resulted in abuse, such as giving of gifts.

04:33 PM

Senator Carroll asked if the bill would cause existing powers of attorney to be modified. Mr. DeBruyn stated that existing powers of attorney concerning making of gifts and changing of trusts would not be included in existing powers of attorney, unless they were expressly stated in the power of attorney document. Senator Lundberg asked if existing powers of attorney will be interpreted differently under the new law. Mr. DeBruyn explained that existing powers of attorney would still be valid. Mr. Kent stated that the new law would provide additional protections to existing powers of attorney. Senator Newell asked if this bill would cause increased litigation. Mr. Kent stated that he does not believe that the bill would cause more litigation, but rather if a problem does arise there is now an expended universe of people who can look into problems with a power of attorney and go to court. The judge could then modify or terminate a power of attorney if abuse is found.

04:42 PM

Senator Carroll asked about specifics of the standard form, including a provision that entitles the agent to reasonable compensation. She noted that she believes that any fee should be an express requirement in the power of attorney form. Mr. Kent also referred to other potential legislation that would look at reasonable fees. Senator Carroll asked about the current laws concerning compensation for powers of attorney. Mr. DeBruyn noted that currently reasonable compensation is available. Senator Morse noted that the provision concerning reasonable compensation may cause some individuals to realize that they do not need to rely on family, but instead could hire a more appropriate individual.

04:55 PM

The committee continued to discuss the issue of reasonable compensation with the witnesses. Senator Hudak asked about the need for a specific power of attorney form in statute. Mr. Kent noted that the form is made to be user friendly for the public, but an attorney could still draft a different power of attorney for a client. Mr. DeBruyn stated that the form is coordinated with the statute and also incorporates warnings for the public. Senator Lundberg asked how this bill relates to a medical power of attorney. Mr. Kent stated that this bill is not related to medial power of attorney.

05:06 PM

Mr. DeBruyn noted that the law makes powers of attorney durable so that they are still in effect when the person becomes incapacitated. Mr. DeBruyn discussed the role of the banks in this bill. He noted that the banks are interested both in protecting the bank from liability, but also in protecting the customer. Mr. DeBruyn discussed a provision in the bill that allows the banks to ensure that powers of attorney are valid to protect their customers.

05:10 PM

Mr. DeBruyn discussed Amendment L.007 (Attachment E). He stated that the amendment deals with when an individual may step in and act under the power of attorney for circumstances when the person who executed the power of attorney is not available, but not incapacitated. He explained that many of the provisions in the amendment are recommendations from the banks. Senator Renfroe asked about the definition of person within the bill.

05:18 PM

Mr. DeBruyn discussed Amendment L.009 (Attachment F). He noted that this amendment changes the effective date to January 1, 2010; however, people could use the new power of attorney form prior to that time. According to Mr. DeBruyn, the amendment allows powers of attorney to incorporate other provisions by reference. He noted that the amendment also makes some technical changes to the standard form.

05:24 PM

Senator Renfroe asked about existing powers of attorney and trusts to clarify if those can still be in effect.


BILL:	HB09-1198
TIME:	05:27:34 PM
MOVED:	Morse
MOTION:	Adopt prepared Amendment L.007 (Attachment E). 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:	HB09-1198
TIME:	05:28:04 PM
MOVED:	Morse
MOTION:	Adopt prepared Amendment L.009 (Attachment F). 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

05:28 PM

Senator Lundberg noted that he is not opposing the consent calendar; although he is uncomfortable with it.


BILL:	HB09-1198
TIME:	05:29:05 PM
MOVED:	Morse
MOTION:	Refer House Bill 09-1198, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar.
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

05:31 PM

The committee adjourned.