Date: 02/25/2009

Final
BILL SUMMARY for SB09-237

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Amend Senate Bill 09-237, page 2, line 14, after b
Amend Senate Bill 09-237, page 2, line 15 after fi
Refer Senate Bill 09-237, as amended, to the Commi
Pass Without Objection
TIE
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.

09SenateJud0225AttachC.pdf

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.