House Committee on Judiciary (01/26/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	01/26/2009	ATTENDANCE

Time:	03:14 PM to 05:13 PM	Apuan	X
		Court	X
Place:	HCR 0107	Gardner B.	*
		King	X
This Meeting was called to order by		Miklosi	*
	Representative Levy	Pace	*
		Roberts	X
This Report was prepared by		Ryden	X
	Jessika Shipley	Waller	X
		McCann	*
		Levy	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1145 HB09-1157 HB09-1075		Postponed Indefinitely Amended, Referred to Appropriations Amended, Referred to Appropriations

03:15 PM -- House Bill 09-1145

Representative Ryden, prime sponsor, asked the committee to postpone indefinitely HB 09-1145.


BILL:	HB09-1145
TIME:	03:15:36 PM
MOVED:	Ryden
MOTION:	Postpone indefinitely House Bill 09-1145. The motion passed on a vote of 8-0, with 3 excused.
SECONDED:	King
		VOTE
	Apuan	Yes
	Court	Excused
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	Excused
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Excused
	Levy	Yes

Final YES: 8 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

03:18 PM -- House Bill 09-1075

Representative Middleton, prime sponsor, returned to the committee to continue discussing HB 09-1075 concerning the expansion of criminal history employment disqualifications for employees of the Department of Human Services. She presented a prepared strike below amendment (L.005) and explained how it is different from the printed bill. She responded to questions from the committee about how the strike below changes current practice.

03:25 PM -- Brad Mallon and Matthew Flora, Department of Human Services, spoke in support of the bill. Mr. Mallon explained the screening process for individuals working with vulnerable persons under the Vulnerable Persons Act. The department is authorized to screen potential hires only for individuals who will be in direct contact with vulnerable persons. Mr. Mallon indicated his belief that this bill asks permission to take another look at the Vulnerable Persons Act and make sure any problems are being addressed. The reason the department asked for the bill is to try and do a better job of screening applicants. He responded to questions from the committee regarding the potential burden to the Department of Public Safety, Colorado Bureau of Investigation. He explained the reasons for various changes made by L.005. He distributed a fact sheet about the bill (Attachment B) and two charts showing various charges and possible disqualifications under the bill (Attachment C and D).

03:47 PM -- The committee continued discussing the ability and discretion to disqualify applicants. Mr. Mallon stated that the bill is trying to strengthen and fill in the gaps in the current Vulnerable Persons Act. He related examples of individuals who were not screened prior to employment who committed offenses while on the job. He stated his desire to be more thorough in the department's screening process in order to avoid hiring individuals who are inappropriately placed.

03:55 PM -- Jane Ritter, Office of Legislative Legal Services, responded to questions from the committee about L.005 and how it differs from the printed bill. There was an intent to distinguish between direct and indirect contact with vulnerable populations. She asked for more time to fully understand the implications of any changes.

04:02 PM

Representative Levy announced that the bill will lay over one bill. Representative Middleton asked that page 6, lines 8-29, should be deleted from the strike below. Representative Levy asked her to work with the drafter and bring back a prepared amendment, so the committee could understand the proposed changes. The bill was laid over until after HB 09-1157.

04:04 PM -- House Bill 09-1157

Representative Waller, prime sponsor, presented House Bill 09-1157 concerning the designation of N-benzylpiperazine as a schedule I controlled substance. Beginning in FY 2010-11, this bill makes any material, compound or mixture containing the stimulant N-benzylpiperazine (BZP) as a schedule I controlled substance. Representative Waller distributed a fact sheet about BZP (Attachment E). He addressed the fiscal note and pointed out that it is simply a projection. This bill would bring Colorado law into conformance with federal law with regard to BZP.

04:12 PM -- Donald Shriver, Denver Police Department (DPD) Crime Laboratory, spoke in support of the bill. Mr. Shriver discussed the use of BZP in Colorado as a substitute for Ecstasy, also known as MDMA. He provided information about cases of BZP encountered by the DPD. He responded to questions from the committee. There is currently no test to indicate whether BZP is responsible for overdoses. The committee discussed how often a new "designer drug" might need to be added to the list of schedule I controlled substances.

04:22 PM -- Mark Randall, Colorado District Attorneys Council, spoke in support of the bill. Mr. Randall raised the issue of the marketing of BZP to children. He talked about the prevalence of BZP across the country and in Colorado. He responded to questions from the committee about the effects of BZP and its addictive properties. The committee had a lengthy discussion about the need for outlawing this drug.

04:53 PM

Representative Waller asked the committee for a favorable recommendation.


BILL:	HB09-1157
TIME:	04:53:51 PM
MOVED:	Waller
MOTION:	Adopt prepared amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:	Gardner B.
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1157
TIME:	04:58:51 PM
MOVED:	Waller
MOTION:	Refer House Bill 09-1157, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 10-1.
SECONDED:	McCann
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	No
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:59 PM

The committee took a brief recess.

05:01 PM -- House Bill 09-1075

Representative Middleton returned to suggest an amendment to L.005 with prepared amendment L.006 (Attachment G). The committee continued to discuss the changes proposed in the amendment.

05:07 PM -- Christie Donner, Colorado Criminal Justice Reform Coalition, spoke in opposition to the bill. Ms. Donner stated her belief that statute does not need to be changed in order to accomplish the goals of the bill.


BILL:	HB09-1075
TIME:	05:09:04 PM
MOVED:	Court
MOTION:	Adopt prepared amendment L.005 (Attachment A), which is a strike below to the bill. The motion passed without objection.
SECONDED:	Roberts
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1075
TIME:	05:09:30 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.006 (Attachment G), which amends L.005. The motion passed without objection.
SECONDED:	Roberts
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1075
TIME:	05:11:02 PM
MOVED:	Court
MOTION:	Refer House Bill 09-1075, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 9-1, with 1 excused.
SECONDED:	Gardner B.
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	No
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Excused
	Levy	Yes

Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:12 PM

Representative Levy adjourned the committee.