Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:02/16/2009
ATTENDANCE
Time:01:33 PM to 08:31 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
E
Levy
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB09-1253
HB09-1123
HB09-1251
HB09-1260
HB09-1190
HB09-1180
Amended, Referred to the Committee of the Whole
Amended, Referred to Appropriations
Postponed Indefinitely
Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole
Witness Testimony and/or Committee Discussion Only


01:34 PM -- House Bill 09-1253

Representative Pace, prime sponsor, presented House Bill 09-1253 concerning processes for involuntary mental health treatment for defendants committed under Title 16, Colorado Revised Statutes. The bill clarifies jurisdiction concerning petitions for involuntary treatment of defendants requiring evaluation or restoration to competency. If a defendant is in custody of the Department of Human Services (DHS), the hearing is to be held in the place where the defendant is receiving treatment, i.e., Pueblo County where the Colorado Mental Health Institute (CMHIP) is located. Under current law, the DHS may either file the petition in the court that originally committed the defendant or in the place where the defendant is located, with permission of the original court.

In addition, county jails are authorized to require a defendant who has been committed to the DHS to continue treatment while in a county jail awaiting a court proceeding. If necessary, medical personnel may forcibly administer court-ordered medication to a defendant. Representative Pace distributed prepared amendments L.001 (Attachment A) and L.002 (Attachment B) and the committee discussed the amendments.

09HouseJud0216AttachA.pdf 09HouseJud0216AttachB.pdf








01:41 PM --
John DeQuardo, M.D., CMHIP, spoke in support of the bill. Dr. DeQuardo is the superintendent at CMHIP and stated that the bill allows mentally ill individuals to continue treatment. He discussed the benefits of continuity of treatment. He responded to questions from the committee about the best way to provide treatment to mentally ill offenders.

01:44 PM --
Andy Karsian, Colorado Counties, Inc., spoke in support of the bill. Mr. Karsian stated that CCI supports any effort to help sheriffs handle mentally ill offenders in county jails.

01:45 PM --
Kirk Taylor, County Sheriffs of Colorado, spoke in support of the bill. Sheriff Taylor stated that the bill benefits county sheriffs because it eliminates the need for transporting defendants to hearings, which can be dangerous. He is in favor of not creating unfunded mandates for the counties and appreciates the permissive language in the bill regarding the requirement that jails continue court-ordered treatment and medication. The committee discussed provision of services in jails.

01:52 PM --
Mitch Morrissey, Denver District Attorney, spoke in support of the bill. Mr. Morrissey stated that Denver is one of only two districts in the state that does not already use this process. He indicated that the bill will help cases move more quickly through the system.

01:55 PM --
Valerie Corzine, The Legal Center for People with Disabilities and Older People, spoke in support of the bill with prepared amendment L.003 (Attachment C). Ms. Corzine had legal concerns about the bill, but stated that L.003 addresses those concerns.

09HouseJud0216AttachC.pdf

01:58 PM --
Doug Wilson, Colorado State Public Defender, spoke in support of the bill. Mr. Wilson asked for the committee's support of L.002. He discussed the importance of continuing a course of treatment in cases where an individual is found incompetent to proceed.

02:05 PM --
Tracy Kraft-Tharp, National Alliance on Mental Illness (NAMI)-Colorado, spoke in support of the bill with L.003.

02:05 PM --
Dr. DeQuardo returned to explain the necessity of L.003.




















BILL:HB09-1253
TIME: 02:09:15 PM
MOVED:Pace
MOTION:Adopt prepared amendment L.001 (Attachment A). The amendment ensures that CMHIP shares court documents with the appropriate jurisdictions. The motion passed without objection.
SECONDED:Court
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Excused
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB09-1253
TIME: 02:09:57 PM
MOVED:Pace
MOTION:Adopt prepared amendment L.002 (Attachment B). The amendment adds an involuntary medication proceeding to the list of proceedings from which evidence of a defendant's mental processes may be inadmissible. The motion passed without objection.
SECONDED:Apuan
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Excused
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection




BILL:HB09-1253
TIME: 02:10:21 PM
MOVED:Pace
MOTION:Adopt prepared amendment L.003 (Attachment C). The amendment concerns procedures for defendants found incompetent to proceed. The motion passed without objection.
SECONDED:King
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Excused
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB09-1253
TIME: 02:11:00 PM
MOVED:Pace
MOTION:Refer House Bill 09-1253, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 9-0, with 2 excused.
SECONDED:Waller
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Excused
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Excused
Levy
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS







02:12 PM -- House Bill 09-1123

Representative Lambert, prime sponsor, presented House Bill 09-1123 concerning changes to crimes related to unlawful treatment of person to align with similar law provisions. This bill modifies existing laws regarding human trafficking to:
of a human. Additionally, the bill adds the following elements to the crime of coercion of involuntary servitude: suffer serious harm or physical restraint if labor or services are not performed; and
abuse or threatened abuse of the law or legal process.

Representative Lambert explained that prepared amendment L.003 (Attachment D) addresses
concerns raised by Representative Levy and several others about removing the need to provide remuneration
from the offense of human smuggling. He indicated his belief that it is this section of the bill driving the
fiscal impact. He discussed the work of a task force convened by the Governor to study the issue of
illegal immigration. This bill came directly from that task force.

09HouseJud0216AttachD.pdf

02:17 PM -- Doug Wilson, Colorado State Public Defender, deferred to Maureen Cain.

02:17 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke in support of L.001.
Ms. Cain discussed her concerns with section 3 of the bill. She believes that section potentially penalizes
someone for transporting an illegal immigrant to the hospital. She indicated that amendment L.001 addresses
her concerns.

02:23 PM -- Seth Donavan, Colorado Immigrant Rights Coalition, spoke in support of the bill, with
the elimination of section 3.

02:26 PM -- Maria Moll, Colorado Association of Chiefs of Police, spoke in support of the bill.

02:28 PM -- Mark Randall, Colorado District Attorneys Council (CDAC), spoke in support of the
bill. Mr. Randall indicated that the bill came from the Governor's task force on illegal immigration and the
language is consistent with their recommendations. He stressed that section 3 of the bill is important because
the need for proof of remuneration in current law ties the hands of law enforcement.

02:37 PM -- Denise Washington, Colorado Coalition Against Domestic Violence, provided
qualified support of the bill. Ms. Washington stated her opposition for section 3 of the bill. She indicated
that advocates working with immigrants could be unfairly penalized.

02:42 PM -- Peg Ackerman, County Sheriffs of Colorado, spoke in support of the bill as written.





BILL:HB09-1123
TIME: 02:43:00 PM
MOVED:Roberts
MOTION:Adopt prepared amendment L.001 (Attachment D). The amendment removes section 3 of the bill. The motion passed without objection.
SECONDED:Miklosi
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Excused
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB09-1123
TIME: 02:43:14 PM
MOVED:Roberts
MOTION:Refer House Bill 09-1123, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed 9-0, with 2 excused.
SECONDED:King
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Excused
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Excused
Levy
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS








02:49 PM -- House Bill 09-1251

Representative Kefalas, prime sponsor, presented House Bill 09-1251 concerning the disclosure of criminal justice records. This bill will create a presumption that criminal justice records should be available to the public unless the custodian of such records determines that such disclosure is contrary to public interest. The custodian is required to consider the following factors in making a determination:

If the custodian refuses to release criminal justice records to the public and the requestor applies for a court order, the bill requires a judge to make a finding as to whether the refusal was proper.

02:57 PM --
Bob Oblock, representing himself, spoke in opposition to the bill. Mr. Oblock is a private investigator in Colorado and stated his belief that the bill would have the opposite of the desired effect.

03:01 PM --
Anthony Mastin, Colorado Independent Investigators Association, spoke in opposition to the bill. Mr. Mastin stated that the bill complicates private interests well beyond what is reasonable. He indicated that current law is sufficient to protect information in criminal justice records.

03:08 PM --
Michael Lowe, Denver Police Protection Association and the Colorado Police Protection Association, spoke in opposition to the bill. Mr. Lowe stated that the net result of the bill is to make criminal justice records more difficult to obtain.

03:16 PM --
Andrew MacDonald, Boulder County Sheriff's Office, spoke in opposition to the bill. Mr. MacDonald indicated that he currently spends a great amount of time doing records reviews. He raised questions about how to treat different types of incident reports from law enforcement officials and discussed case law that addressed different criminal justice records. He responded to committee questions about the presumption contained in current law. The committee discussed how the bill could be more restrictive with respect to criminal justice records than current law.

03:27 PM --
Joe Pelle, County Sheriffs of Colorado, spoke in opposition to the bill.

03:27 PM --
Maria Moll, Colorado Association of Chiefs of Police, spoke in opposition to the bill. Commander Moll discussed current law and practice with regard to the refusal to release records.

03:30 PM --
Dick Reeve, Denver District Attorney's Office, spoke in opposition to the bill. Mr. Reeve explained that the current system is not broken and this bill would cause more problems than it would fix. He discussed the fiscal note and the fiscal impact to local entities. He suggested that individuals who choose to cooperate with law enforcement deserves their privacy and this bill threatens that. He discussed his legal opinion about the potential legal difficulties inherent in changing the presumption regarding criminal justice records.

03:44 PM --
Amy Miller, Colorado Coalition Against Domestic Violence, spoke in opposition to the bill. Ms. Miller's concerns center around confidentiality for victims of domestic violence. She stated that these victims deserve protection.





03:48 PM --
Tom Raynes, Colorado Attorney General's Office, spoke in opposition to the bill. Mr. Raynes discussed the presumption contained in the bill that could conflict with presumptions in current law. He stated that this bill will create resource problems for rural district attorneys. He raised concerns about how the bill will affect a defendant's right to a fair trial, damage ongoing criminal investigations, and raise witness protection issues. He stated that the bill will not simplify proceedings, but will create complication and new proceedings.

03:54 PM --
Mark Randall, CDAC, spoke in opposition to the bill. Mr. Randall discussed the likelihood of increased litigation as a result of this bill. He believes the bill will have a chilling effect on individuals who wish to cooperate in criminal investigations.

03:59 PM --
Don Jensen, representing himself, spoke in support of the bill. Dr. Jensen related details of a negative experience he had with law enforcement officials in Larimer County.

04:17 PM --
Maureen Cain, Colorado Criminal Defense Bar, spoke in support of the bill, as amended. Ms. Cain discussed prepared amendment L.001 (Attachment E). She talked about the need to protect information about ongoing investigations. She believes that the bill provides more structure to the process of making criminal justice records public, but does not substantially change it.

09HouseJud0216AttachE.pdf

04:21 PM --
Chris Beall, Colorado Press Association, spoke in support of the bill. Mr. Beall discussed how the bill is a good effort at bringing Colorado law into conformance with the 2005 Colorado Supreme Court's decision in Harris v. Denver Post Corp. He stated that the purpose of the bill is to cause the custodians of records to weigh the public interest in accessing the records against the protection of ongoing investigations and the protection of a defendants right to a fair trial. The problem that needs to be solved here is that records requests from media entities are routinely denied without explanation or indication that the custodian of records has engaged in balancing of interests prior to issuing a denial.
BILL:HB09-1251
TIME: 04:41:19 PM
MOVED:Ryden
MOTION:Adopt prepared amendment L.001 (Attachment E). The motion
SECONDED:Miklosi
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Excused
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB09-1251
TIME: 04:43:23 PM
MOVED:Ryden
MOTION:Adopt prepared amendment L.002 (Attachment F). The motion failed on a vote of 4-6, with 1 excused.

09HouseJud0216AttachF.pdf
SECONDED:Levy
VOTE
Apuan
Yes
Court
No
Gardner B.
No
King
No
Miklosi
Yes
Pace
Yes
Roberts
No
Ryden
Yes
Waller
No
McCann
Excused
Levy
No
Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL

























BILL:HB09-1251
TIME: 04:45:43 PM
MOVED:Ryden
MOTION:Adopt prepared amendment L.003 (Attachment G). The motion passed without objection.

09HouseJud0216AttachG.pdf
SECONDED:Pace
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Excused
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB09-1251
TIME: 04:50:49 PM
MOVED:Apuan
MOTION:Refer House Bill 09-1251, as amended, to the Committee on Appropriations with a favorable recommendation. The members made comments about the bill. The motion failed on a vote of 1-9, with 1 excused.
SECONDED:Ryden
VOTE
Apuan
No
Court
No
Gardner B.
No
King
No
Miklosi
No
Pace
No
Roberts
No
Ryden
Yes
Waller
No
McCann
Excused
Levy
No
Not Final YES: 1 NO: 9 EXC: 1 ABS: 0 FINAL ACTION: FAIL



BILL:HB09-1251
TIME: 04:50:40 PM
MOVED:Roberts
MOTION:Postpone House Bill 09-1251 indefinitely. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:Waller
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Excused
Levy
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


04:51 PM -- House Bill 09-1260

Represenatative Ferrandino introduced House Bill 09-1260. The bill authorizes two adults who are not married to enter into a designated beneficiary agreement. In the absence of a superceding legal document, a designated beneficiary agreement entitles each party to certain rights and responsibilities. Representative Ferrandino explained that the bill will promote the use of legal documents, including wills. He responded to questions from Representative Gardner regarding whether the bill extends new rights and benefits outside of those that currently exist in Colorado law to individuals. Representative Gardner highlighted language allowing a beneficiary to be recognized as a dependent for certain benefits. Representative Court pointed out that the bill does not include any rights or responsibilities that are not afforded to married couples. Representative Gardner asked whether this bill is the closest thing Representative Ferrandino can get to civil unions without being in conflict with the Colorado constitution. Representative Ferrandino stated that the bill provides an easy, affordable method for dealing with the affairs of two people, regardless of their relationship. The committee discussed whether the process outlined in this bill is easier than current probate processes.


05:19 PM

Representative Gardner continued questioning Representative Ferrandino about the bill and stated that he believes this bill extends the de facto rights of domestic partnerships and civil unions. Representative Roberts commented about the standardized format for handling probate issues and the distribution of property included in the bill. Representative Ferrandino pointed out that the bill applies to all unmarried couples and discussed the advantages to two unmarried people who choose to enter into designated beneficiary agreements. Representative Gardner returned to his line of questioning.








05:31 PM --
Pat Steadman, Equal Rights Colorado, spoke in support of the bill. Mr. Steadman discussed the Colorado constitutional amendment that limits marriage to one man and one woman. He pointed out that Colorado law does not prohibit domestic partnerships and civil unions outright. He stated that the bill is designed to solve problems faced by many Colorado families every year. The default provisions in the probate code are geared towards very traditional families and relationships. There are people in the state who find themselves unable to avail themselves of these default provisions. This bill provides a mechanism for those people to handle their estates. It encourages unmarried couples to make estate plans. Representative Gardner questioned Mr. Steadman about whether the bill simply attempts to create civil unions in Colorado. The committee discussed possible opposition to the bill.

05:51 PM --
Monica Rosenbluth, Anti-Defamation League of the Rocky Mountain Region, spoke in support of the bill. Ms. Rosenbluth stated that the concept of fairness is at the core of this bill. The bill provides a simple, affordable way to ensure such fairness for all Coloradans.

05:53 PM --
Lorena Garcia, 9 to 5: National Association of Working Women, spoke in support of the bill. Ms Garcia stated that all Colorado adults have tools to conduct estate, medical, and end of life planning.

05:56 PM --
Wayne Knox, Colorado Senior Lobby, spoke in support of the bill. Mr. Knox stated that the bill will provide significant assistance to seniors in Colorado, who often have limited incomes.

06:01 PM --
Jacquelyn Kilmer, Colorado AIDS Project and CORA, spoke in support of the bill. Ms. Kilmer works with individuals with significant health problems and this bill would assist them with a simple, affordable method for handling their affairs.

06:04 PM --
Daniel Gonzales, Colorado Organization for Latino Opportunity and Reproductive Rights, spoke in support of the bill. Mr. Gonzales stated his belief that the bill is about social justice. He reiterated comments of previous witnesses.

06:06 PM --
Mindy Barton, The GLBT Community Center, spoke in support of the bill. Ms. Barton stated her belief that this bill is the correct step for the Colorado General Assembly to take in order to encourage people to make estate plans, medical decisions, and end of life decisions. She distributed a list of supporters of the bill (Attachment H). Representative Gardner questioned Ms. Barton about how the bill benefits the GLBT community.





















BILL:HB09-1260
TIME: 06:11:56 PM
MOVED:Levy
MOTION:Adopt prepared amendment L.005 (Attachment I). The motion passed without objection.

09HouseJud0216AttachI.pdf
SECONDED:Roberts
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Excused
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection




























BILL:HB09-1260
TIME: 06:17:34 PM
MOVED:Levy
MOTION:Adopt prepared amendment L.002 (Attachment J). The motion passed on a vote of 7-3, with 1 excused.

09HouseJud0216AttachJ.pdf
SECONDED:Miklosi
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
No
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
No
McCann
Excused
Levy
Yes
Not Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

























BILL:HB09-1260
TIME: 06:25:48 PM
MOVED:Pace
MOTION:Adopt prepared amendment L.004 (Attachment K). The motion passed without objection.

09HouseJud0216AttachK.pdf
SECONDED:Apuan
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Excused
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection




























BILL:HB09-1260
TIME: 06:24:38 PM
MOVED:Gardner B.
MOTION:SUBSTITUTE MOTION: Adopt prepared amendment L.012 (Attachment L). The motion failed 3-7, with 1 excused.

09HouseJud0216AttachL.pdf
SECONDED:Waller
VOTE
Apuan
No
Court
No
Gardner B.
Yes
King
Yes
Miklosi
No
Pace
No
Roberts
No
Ryden
No
Waller
Yes
McCann
Excused
Levy
No
Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL



























BILL:HB09-1260
TIME: 06:25:01 PM
MOVED:Levy
MOTION:Adopt prepared amendment L.006 (Attachment M). The motion passed without objection.

09HouseJud0216AttachM.pdf
SECONDED:Miklosi
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Excused
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



























BILL:HB09-1260
TIME: 06:26:37 PM
MOVED:Court
MOTION:Adopt prepared amendment L.007 (Attachment N). The amendment sets in statute the fees county clerks may charge under the bill. The motion passed without objection.

09HouseJud0216AttachN.pdf
SECONDED:Miklosi
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Excused
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


























BILL:HB09-1260
TIME: 06:30:50 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.008 (Attachment O). The motion failed on a vote of 4-6, with 1 excused.

09HouseJud0216AttachO.pdf
SECONDED:Waller
VOTE
Apuan
No
Court
No
Gardner B.
Yes
King
Yes
Miklosi
No
Pace
No
Roberts
Yes
Ryden
No
Waller
Yes
McCann
Excused
Levy
No
Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL


























BILL:HB09-1260
TIME: 06:31:31 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.009 (Attachment P). The motion failed on a vote of 4-6, with 1 excused.

09HouseJud0216AttachP.pdf
SECONDED:Waller
VOTE
Apuan
No
Court
No
Gardner B.
Yes
King
Yes
Miklosi
No
Pace
No
Roberts
Yes
Ryden
No
Waller
Yes
McCann
Excused
Levy
No
Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL


























BILL:HB09-1260
TIME: 06:33:02 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.011 (Attachment Q). The motion failed on a vote of 3-7, with 1 excused.

09HouseJud0216AttachQ.pdf
SECONDED:Waller
VOTE
Apuan
No
Court
No
Gardner B.
Yes
King
Yes
Miklosi
No
Pace
No
Roberts
No
Ryden
No
Waller
Yes
McCann
Excused
Levy
No
Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


























BILL:HB09-1260
TIME: 06:35:41 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.013 (Attachment R). The motion failed 3-7, with 1 excused.

09HouseJud0216AttachR.pdf
SECONDED:Waller
VOTE
Apuan
No
Court
No
Gardner B.
Yes
King
Yes
Miklosi
No
Pace
No
Roberts
No
Ryden
No
Waller
Yes
McCann
Excused
Levy
No
Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL



























BILL:HB09-1260
TIME: 06:37:02 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.014 (Attachment S). The motion failed on a vote of 3-7, with 1 excused.

09HouseJud0216AttachS.pdf
SECONDED:King
VOTE
Apuan
No
Court
No
Gardner B.
Yes
King
Yes
Miklosi
No
Pace
No
Roberts
No
Ryden
No
Waller
Yes
McCann
Excused
Levy
No
Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


























BILL:HB09-1260
TIME: 06:53:51 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.015 (Attachment T). The amendment would remove the provision of the bill that recognizes domestic partnerships and civil unions from other states as designated beneficiary agreements. The motion failed on a vote of 5-5, with 1 excused.

09HouseJud0216AttachT.pdf
SECONDED:Waller
VOTE
Apuan
No
Court
No
Gardner B.
Yes
King
Yes
Miklosi
No
Pace
Yes
Roberts
Yes
Ryden
No
Waller
Yes
McCann
Excused
Levy
No
Not Final YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE

























BILL:HB09-1260
TIME: 07:00:44 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.016 (Attachment U). The amendment strikes the safety clause from the bill. The motion failed on a vote of 5-5, with 1 excused.

09HouseJud0216AttachU.pdf
SECONDED:Waller
VOTE
Apuan
No
Court
No
Gardner B.
Yes
King
Yes
Miklosi
No
Pace
No
Roberts
Yes
Ryden
No
Waller
Yes
McCann
Excused
Levy
Yes
Not Final YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE


07:02 PM

The committee discussed the possible increase in expenditures mentioned in the fiscal note for the bill.






















BILL:HB09-1260
TIME: 07:06:22 PM
MOVED:Court
MOTION:Refer House Bill 09-1260, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 7-3, with 1 excused.
SECONDED:Ryden
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
No
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
No
McCann
Excused
Levy
Yes
Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


07:07 PM -- House Bill 09-1190

Representative Levy, prime sponsor, presented House Bill 09-1190 concerning the enactment of the Uniform Unsworn Foreign Declarations Act. The bill was recommended by the Colorado Commission on Uniform State Laws. It establishes the "Uniform Unsworn Foreign Declarations Act", as drafted by the National Conference of Commissioners of Uniform State Laws. The bill harmonizes state law with federal law by allowing state courts to recognize an unsworn statement made by a witness outside the United States as the equivalent of a sworn affidavit if the statement is given under the penalty of perjury. The bill also specifies situations where an unsworn declaration may not be used.





















BILL:HB09-1190
TIME: 07:10:35 PM
MOVED:Gardner B.
MOTION:Refer House Bill 09-1190 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 9-0, with 2 excused.
SECONDED:Roberts
VOTE
Apuan
Yes
Court
Excused
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Excused
Levy
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


07:12 PM -- House Bill 09-1180

Representative King, prime sponsor, presented House Bill 09-1180 concerning allowing valid Colorado concealed handgun permits to satisfy background check requirements for transfers of firearms. Current state and federal law requires a firearm vendor to obtain a background check on a prospective buyer before selling the buyer a gun. This bill allows the buyer to present a valid permit to carry a concealed weapon in order to satisfy the background check requirement. The bill also amends the application process for obtaining a permit to carry a concealed weapon to include information about an applicant's citizenship status.

The committee discussed the various background checks for concealed carry permits and purchasing a firearm. The committee talked about information contained in the fiscal note.

07:22 PM --
Phil Barber, representing himself, spoke in opposition to the bill. Mr. Barber is a practicing attorney with an interest in gun laws. He feels the bill picks away at important existing policies. He responded to questions from the committee about background checks required for concealed carry permits.

07:28 PM --
Tom Mauser, representing himself, spoke in opposition to the bill. Mr. Mauser stated his belief that Colorado voters wanted to close the gun show loophole and this bill weakens that closure. He commented that many things can change in a five year period. He discussed the shift from doing background checks at the state level to have the federal government be responsible for that task and the shift back to the state level. He asked the committee to honor the will of the people to conduct a background check on every gun sale.











07:34 PM --
Amy Miller, Colorado Coalition Against Domestic Violence, spoke in opposition to the bill. Ms. Miller provided statistics about firearms, domestic violence, background checks, and concealed carry permits. She raised concerns about the renewal period for a permit and commented that situations often change in that period of time. Ms. Miller responded to questions from the committee. She also expressed opposition to the bill from the League of Women Voters.

07:55 PM --
Eileen McCarron, Colorado Ceasefire Capitol Fund, spoke in opposition to the bill. Ms. McCarron stated her belief that the bill says that once a person has a clean background, they will have a clean background for at least five years. The concealed carry permits cannot predict future behavior. She commented that studying the issue of crimes committed by concealed carry permit holders because data is not kept in most states about permits.

08:07 PM --
Anthony Fabian, Colorado State Shooting Association and the National Rifle Association, spoke in support of the bill. Mr. Fabian indicated that federal law permits the use of a concealed carry permit to satisfy the background check. He stated that he does not know of a single permit holder in Colorado who misused his or her permit, using a gun to commit a crime.

08:14 PM --
Robert Edmiston, Firearms Coalition of Colorado, spoke in support of the bill. Mr. Edmiston stated that the background check for a concealed carry permit is more rigorous than that for a simple gun purchase. He provided statistics about the revocation of permits across the country and in Colorado. In Colorado between 2003 and 2006, 0.1 percent of issued permits were revoked. He cited studies that show that gun control does not prevent crime.

08:27 PM --
Noah Miller, representing himself, spoke in support of the bill. Mr. Miller is a concealed carry permit holder and he feels this bill is fiscally responsible.


08:30 PM

Representative Levy laid over the bill for additional testimony and action until Thursday, February 19, and adjourned the committee.