Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:02/02/2009
ATTENDANCE
Time:04:13 PM to 06:04 PM
Apuan
*
Court
X
Place:HCR 0107
Gardner B.
X
King
*
This Meeting was called to order by
Miklosi
X
Representative Levy
Pace
X
Roberts
*
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:
HB09-1151
HB09-1147
HB09-1113
Amended, Referred to the Committee of the Whole
Postponed Indefinitely
Postponed Indefinitely


04:14 PM -- House Bill 09-1151

Representative Todd, prime sponsor, presented House Bill 09-1151 concerning designating the Department of Public Safety as the agency responsible for oversight of school building inspections. Currently, school districts and junior colleges submit construction projects to the Division of Oil and Public Safety in the Department of Labor and Employment (DOLE) for review and approval. This bill places the review and approval activities within the Division of Fire Safety in the Department of Public Safety (DPS), effective January 1, 2010. The bill creates the School Building Safety Inspection Cash Fund in the Department of Public Safety.

04:17 PM --
Peter Weir, Department of Public Safety (DPS), spoke in support of the bill. Judge Weir expressed the support of the DPS, the Governor, and the Department of the Labor and Employment for the bill. He discussed current inefficiencies in the system that would be corrected by the bill.

04:24 PM --
Kevin Klein, Division of Fire Safety, DPS, appeared to respond to technical questions about the bill. Mr. Klein responded to questions from the committee regarding the responsibilities of charter schools under the bill. He discussed the reasons for having the bill drafting, including the process by which stakeholders were involved. The committee discussed the possible increased efficiency.

04:28 PM --
Greg Wheeler, Colorado Chapter of the International Code Council (CCICC), spoke in support of the bill.







04:30 PM

Representative Todd explained prepared amendments L.001 through L.006 (Attachments A-F).

09HouseJud0202AttachA_20090211084840.pdf 09HouseJud0202AttachB_20090211084915.pdf

09HouseJud0202AttachC_20090211085210.pdf 09HouseJud0202AttachD_20090211085248.pdf

09HouseJud0202AttachE_20090211085326.pdf 09HouseJud0202AttachF_20090211085401.pdf

BILL:HB09-1151
TIME: 04:32:36 PM
MOVED:Court
MOTION:Adopt prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:Miklosi
VOTE
Apuan
Court
Gardner B.
King
Excused
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB09-1151
TIME: 04:33:09 PM
MOVED:Court
MOTION:Adopt prepared amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:Miklosi
VOTE
Apuan
Court
Gardner B.
King
Excused
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB09-1151
TIME: 04:33:32 PM
MOVED:Court
MOTION:Adopt prepared amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:Miklosi
VOTE
Apuan
Court
Gardner B.
King
Excused
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:HB09-1151
TIME: 04:33:48 PM
MOVED:Court
MOTION:Adopt prepared amendment L.004 (Attachment D). The motion passed without objection.
SECONDED:Miklosi
VOTE
Apuan
Court
Gardner B.
King
Excused
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB09-1151
TIME: 04:34:05 PM
MOVED:Court
MOTION:Adopt prepared amendment L.005 (Attachment E). The motion passed without objection.
SECONDED:Miklosi
VOTE
Apuan
Court
Gardner B.
King
Excused
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB09-1151
TIME: 04:34:18 PM
MOVED:Court
MOTION:Adopt prepared amendment L.006 (Attachment F). The motion passed without objection.
SECONDED:Miklosi
VOTE
Apuan
Court
Gardner B.
King
Excused
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB09-1151
TIME: 04:34:35 PM
MOVED:Court
MOTION:Refer House Bill 09-1151, 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:McCann
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Excused
Miklosi
Yes
Pace
Excused
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS









04:35 PM -- House Bill 09-1147

Representative B. Gardner, prime sponsor, presented House Bill 09-1147 concerning bail provisions for a person who is illegally present in the United States. For purposes of a hearing to determine whether to grant bail to a defendant that the court has probable cause to believe is in the country illegally, this bill establishes a rebuttable presumption that releasing the defendant on bail would put the public in significant peril. The bill also specifies criteria for the court to consider in determining whether such probable cause exists, and the type and amount of bond to set.

Representative Gardner distributed a fact sheet about the bill. (Attachment G). He discussed his reasons for bringing the bill forward and how the provisions of the bill would be implemented within the court system. He provided an extensive explanation of the meaning of "rebuttable presumption." The committee held a lengthy discussion about the logistical problems inherent in determining whether an offender is in the United States legally or not. They addressed issues of racial profiling and due process.

09HouseJud0202AttachG_20090211085602.pdf


05:05 PM --
Ken Buck, Weld County District Attorney's Office, spoke in support of the bill. Mr. Buck responded to questions from the committee about determining the immigration status of individuals admitted to the Department of Corrections (DOC). Individuals who are booked into county jails are asked a number of questions upon intake. One of those questions is where the individual was born. If the individual is foreign-born, federal immigration authorities are automatically contacted. The Colorado District Attorney's Council (CDAC) has not taken an official position on the bill. Mr. Buck supports the idea of creating a rebuttable presumption that the public would be put in significant peril if the accused person is released on bail when the accused is illegally present in the country. He discussed the problem of identity theft by illegal immigrants. Stolen identities make it easier for illegal immigrants who commit crimes to disappear into a community. He considers identity theft to be extremely dangerous to the community.

05:10 PM --
Julie Gonzales, Colorado Immigrant Rights Coalition, spoke in opposition to the bill. Ms. Gonzales stated her belief that immigration is a federal issue. She believes that the state should implement policies that welcome immigrants. She mentioned that many immigrant families have mixed legal statuses, meaning the parents might be in the country illegally, but the children were born in the United States. As a result, most of these parents are unlikely to flee from the justice system. Ms. Gonzales indicated that the bill could raise constitutional concerns and lead to discrimination against legal citizens and illegal immigrants. She specifically pointed out page 2, line 25, of the bill, which states that any party can lay claim that the accused person is undocumented. She stated her belief that such a situation is a set up for failure.

05:15 PM --
Peg Ackerman, County Sheriffs of Colorado, testified on the bill. The County Sheriffs of Colorado has not taken an official position on the bill. Ms. Ackerman indicated that becoming qualified to determine whether an individual is in the country illegally or not is complicated and costly. County jails are very crowded and many of the sheriffs are concerned about adding more inmates to the situation.

05:19 PM

Representative Gardner wrapped up his presentation of the bill and asked for a favorable recommendation. He discussed an amendment requested by the CDAC that would delete the term "significant peril" from the bill, but did not offer such an amendment.





BILL:HB09-1147
TIME: 05:26:03 PM
MOVED:Gardner B.
MOTION:Refer House Bill 09-1147 to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 4-6, with 1 excused.
SECONDED:Roberts
VOTE
Apuan
Yes
Court
No
Gardner B.
Yes
King
Excused
Miklosi
No
Pace
No
Roberts
Yes
Ryden
No
Waller
Yes
McCann
No
Levy
No
Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:HB09-1147
TIME: 05:26:59 PM
MOVED:Court
MOTION:Postpone House Bill 09-1147 indefinitely. The motion passed on a vote of 7-3, with 1 excused.
SECONDED:Pace
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
Excused
Miklosi
Yes
Pace
Yes
Roberts
No
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS








05:27 PM -- House Bill 09-1113

Representative Summers, prime sponsor, presented House Bill 09-1113 concerning limitations on recovery for damages suffered by a person who fails to comply with the compulsory insurance law. This bill prohibits the uninsured owner or operator of a motor vehicle from collecting the first $10,000 for bodily injury and the first $10,000 for property damages in a civil action for damages arising from an accident. Representative Summers stated that eight states have adopted a "no pay, no play" law with regard to the recovery of noneconomic damages. The bill does not apply when the at fault driver is under the influence of drugs or alcohol. The committee discussed the fact that the bill addresses noneconomic damages in a lawsuit. Property damage and medical costs are not affected by the bill. The committee discussed potential problems caused by prepared amendment L.001 (Attachment H).

09HouseJud0202AttachH_20090211085643.pdf


05:43 PM

The committee continued to discuss noneconomic damages for pain and suffering and how the bill would require an individual who operates a motor vehicle without insurance to make the choice to forego such damages. The question was raised as to whether an individual who is at fault in an accident receives a benefit by not being held fully accountable for the damage caused.

05:48 PM --
Mike Hodges, Colorado Trial Lawyers Association, spoke in opposition to the bill. Mr. Hodges stated his belief that criminal law already provides sanctions for individuals who choose to drive without insurance. He raised the question of the connection between the careless act of one individual and the failure to obtain insurance. He asked the biggest reason that people do not carry insurance. Generally, it is because they cannot afford it. He stated that the bill does not acknowledge the seriousness of a particular injury to an uninsured motorist and what that might mean to their daily lives/

05:52 PM --
Bob Ross, National Association of Insurance and Financial Advisors, spoke in support of the bill. Mr. Ross stated that approximately 15 percent of Colorado citizens drive without insurance and discussed various disincentives for driving without insurance.

BILL:HB09-1113
TIME: 05:58:27 PM
MOVED:Roberts
MOTION:Adopt prepared amendment L.005 (Attachment I). The motion passed on a vote of 7-3, with 1 excused.
09HouseJud0202AttachI_20090211085714.pdf
SECONDED:Gardner B.
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Excused
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
No
Waller
No
McCann
Yes
Levy
No
Not Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:HB09-1113
TIME: 05:59:47 PM
MOVED:Roberts
MOTION:Adopt prepared amendment L.001 (Attachment H). The motion failed on a vote of 3-7, with 1 excused.
SECONDED:Waller
VOTE
Apuan
Yes
Court
No
Gardner B.
Yes
King
Excused
Miklosi
No
Pace
No
Roberts
Yes
Ryden
No
Waller
No
McCann
No
Levy
No
Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL




BILL:HB09-1113
TIME: 06:00:35 PM
MOVED:Roberts
MOTION:Refer House Bill 09-1113, as amended, to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 2-8, with 1 excused.
SECONDED:Gardner B.
VOTE
Apuan
No
Court
No
Gardner B.
Yes
King
Excused
Miklosi
No
Pace
No
Roberts
Yes
Ryden
No
Waller
No
McCann
No
Levy
No
Not Final YES: 2 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:HB09-1113
TIME: 06:03:23 PM
MOVED:Gardner B.
MOTION:Reconsider the motion to adopt prepared amendment L.005. The motion died for a lack of a second.
SECONDED:
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: TIE








BILL:HB09-1113
TIME: 06:04:13 PM
MOVED:Pace
MOTION:Postpone House Bill 09-1113 indefinitely. The motion passed on a vote of 8-2, with 1 excused.
SECONDED:Roberts
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
Excused
Miklosi
Yes
Pace
Yes
Roberts
No
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS



06:04 PM

Representative Levy adjourned the committee.