H_JUD_2018A 01/23/2018 01:32:57 PM Committee Summary

The committee was called to order. A quorum was present. Representative Benavidez, prime sponsor, presented House Bill 18-1055, concerning increasing a certain surcharge on court fees, and, in connection therewith, awarding the amount of the increase to each court that collects a fee upon which the surcharge is assessed.  Representative Benavidez explained the effect of the bill and discussed its need. Representative Benavidez responded to questions regarding the administration of Court Security Cash Fund moneys.  Representative Weissman provided input on the amount of moneys in the fund.

Discussion ensued regarding why counties are having trouble funding security at courthouses and jails, and the types of equipment funded by the Court Security Cash Fund.

Discussion ensued regarding the potential for taking a more comprehensive approach to courthouse funding, and a forthcoming amendment.

The following persons testified regarding HB 18-1055:

Ms. Alli Daley, representing Colorado Counties, Inc., testified in support of the bill.  She explained how security needs are provided for at the county level, and the role of the Court Security Cash Fund.  Ms. Daley responded to questions regarding the use of moneys from the fund for security staff, and the level of need at the county level for courthouse security.  Discussion returned to creating a more comprehensive approach to courthouse security.  Ms. Daley responded to questions regarding the amount of money granted from the Court Security Cash Fund for the James Holmes trial, and the types of grant requests coming from the counties.  Discussion ensued regarding the ability of counties to come up with funding solutions for courthouses and jails.  Ms. Daley responded to questions regarding the position of her organization on a forthcoming amendment.  Representative Benavidez responded to questions regarding the fiscal impact of this amendment. Ms. Daley responded to questions regarding the allocation of deputy sheriffs for court security.

Ms. Denise Maes, representing the ACLU, testified in opposition to the bill.  Ms. Maes discussed how to fund courthouses and jails, and the allocation of moneys collected under the bill.  Ms. Maes responded to questions regarding the routing of moneys collected under the bill. Representative Benavidez provided input on this issue.  Representative Benavidez responded to questions regarding how the bill will help small and sparsely populated counties meet courthouse security needs, and the allocation of moneys collected under the bill among the counties.

Mr. Terry Scanlon, representing the Judicial Branch, testified regarding HB 18-1055 from a neutral perspective.  Mr. Scanlon provided background on the Court Security Cash Fund program, and addressed questions raised during earlier testimony.  Mr. Scanlon clarified his position on the bill, and responded to questions regarding his view on the funding level for courthouse security.  Representative Benavidez explained what expenses in courthouses the counties and the state are responsible for.  Committee members received amendment L.002 (Attachment A).

Various representatives provided their positions on HB 18-1055.  Representative Benavidez provided closing remarks in support of the bill.

The committee recessed.

The committee returned to order. Representative Herod, prime sponsor, presented House Bill 18-1023, concerning the nonsubstantive relocation of laws related to legalized marijuana from Title 12, Colorado Revised Statutes, as part of the organizational recodification of Title 12.  Representative Herod explained the relocation of Title 12 articles.  Ms. Christy Chase, Office of Legislative Legal Services, provided input on this issue.  Ms. Chase explained the effect of some forthcoming amendments on the Title 12 bills.  Committee members received amendment L.001 (Attachment B).

Representative Herod, prime sponsor, presented House Bill 18-1025, concerning the nonsubstantive relocation of laws related to the regulation of alcohol beverages from Title 12, Colorado Revised Statutes, to a new Title 44 as part of the organizational recodification of Title 12.  Committee members received copies of amendment L.001 (Attachment C).

Representative Herod, prime sponsor, presented House Bill 18-1026, concerning the nonsubstantive relocation of the law creating the Liquor Enforcement Division and State Licensing Authority Cash Fund from title 24, Colorado Revised Statutes, to a new Title 44 as part of the organizational recodification of Title 12.  Committee members received copies of amendment L.001 (Attachment D).

Representative Wist, prime sponsor, presented House Bill 18-1027, concerning the nonsubstantive relocation of laws related to the regulation of the lottery from Title 24, Colorado Revised Statutes, to a new Title 44 as part of the organizational recodification of Title 12.  Committee members received copies of amendment L.001 (Attachment E).

Representative Lee, prime sponsor, presented House Bill 18-1024, concerning the nonsubstantive relocation of laws related to the regulation of racing frim Title 12, Colorado Revised Statutes, to a new Title 44 as part of the organizational recodification of Title 12.  Committee members received copies of amendment L.001 (Attachment F).

Representatives Herod and Lee, prime sponsors, presented House Bill 18-1075, concerning the enactment of Colorado Revised Statutes 2017 as the positive and statutory law of the state of Colorado.  Representatives Herod and Lee explained the effect of the bill and discussed its need. Ms. Jennifer Gilroy, Office of Legislative Legal Services, provided additional input on the need for the legislation.  Ms. Gilroy responded to questions regarding how the public might be notified when a volume of the Colorado Revised Statutes is replaced due to error. Discussion ensued on this point.  No amendments were offered to HB 18-1075.