H_JUD_2021A 03/23/2021 01:33:46 PM Committee Summary

 Representative Kennedy, prime sponsor, presented House Bill 21-1188, concerning additional liability of a defendant who admits liability under respondeat superior.

The following persons testified regarding HB 21-1188:

Michael Nimmo, representing himself, testified in support of the bill.

Alex Wilschke, representing himself, testified in support of the bill.

Tom Metier, representing the Colorado Trial Lawyers Association, testified in support of the bill.

William Babich, representing himself, testified in support of the bill.

Discussion ensued regarding standard practice for filing tort claims prior to a 2017 Colorado Supreme Court decision.

No amendments were offered to HB 21-1188. Representative Kennedy provided closing remarks in support of the bill. Various committee members provided their positions on the bill.

Representatives Herod and Sullivan, prime sponsors, presented Senate Bill 21-078, concerning the responsbility of an individual firearm owner to report a missing firearm. Representative Herod explained the effect of the bill and discussed its need. Representative Sullivan provided additional input on the merits of the bill. Representative Sullivan responded to questions regarding the source of certain data he cited. Discussion ensued regarding the penalties in the bill, and the public awareness component of the legislation. Discussion followed regarding laws in other state similar to SB 21-078, and reasons people may not report lost or stolen firearms.

Discussion returned to the penalties in SB 21-078.

The following persons testified regarding SB 21-078:

Taylor Rhodes, representing Rocky Mountain Gun Owners, testified in opposition to the bill.

Charity McPike, representing herself, testified in opposition to the bill.

Mr. Rhodes responded to questions regarding his experience in reporting a stolen firearm, and potential liability for firearms owners when their firearms are stolen.

Alison Anderman, representing Giffords Law Center, testified in support of the bill.

Beth McCann, Denver District Attorney, testified in support of the bill.

Christa Palmer, representing Moms Demand Action, testified in support of the bill.

Ms. Anderman responded to questions regarding laws in other states that require reporting of lost or stolen firearms, and establishment of a firearms registry through reporting of lost or stolen firearms. Discussion ensued regarding reporting requirements associated with other crimes. DA McCann responded to questions regarding the potential impact of liability concerns on the willingness of firearms owners to report lost or stolen firearms, and the potential for collecting data on lost or stolen firearms.

Robert Edmiston, representing Firearms Coalition of Colorado, testified in opposition to the bill.

Maisha Fields, representing herself, testified in support of SB 21-078.

Vic Bencomo, representing Giffords Gun Owners for Safety, testified in support of the bill.

Maria Ogneva, representing Moms Demand Action, testified in support of the bill.

Ronald Dietz, representing himself, testified in opposition to the SB 21-078.

Mary Parker, representing herself, testified in support of SB 21-078.

Ana Thallis, representing herself, testified in support of SB 21-078.

Representative Herod provided closing remarks in support of SB 21-078. Various committee members commented on the bill.

The committee recessed.

The committee returned to order. Representative Soper and Michaelson Jenet, prime sponsors, presented Senate Bill 21-073, concerning changing the statute of limitations applicable to civil actions alleging sexual misconduct for which the statute of limitations has not yet run as of January 1, 2022. Representative Soper explained the effect of the bill and discussed its need. Representative Michaelson Jenet provided additional input on the bill.

The following persons testified regarding SB 21-073:

Kathryn Robb, representing Child USAdvocacy, testified in support of the bill.

Ellen Giarratana, representing the Colorado Women's Bar Association, testified in support of the bill.

Jennifer Stith, representing WINGS Foundation, Inc., testified in support of the bill.

Ms. Robb responded to questions regarding jurisdictions that don't have statutes of limitation for certain sex crimes perpetrated against children, and the deterioration of evidence in these cases over time.

Samantha Carwyn, representing the Interfaith Alliance of Colorado, testified in support of SB 21-073.

Maralee McLean, representing herself, testified in support of the bill.

Evie Hudak, representing Colorado PTA, testified in support of the bill.

Heidi Thomas, representing herself, testified in support of SB 21-073.

Joyce Aubrey, representing Finding Our Voices, testified in support of SB 21-073.

Jill Brogdon, representing herself, testified in support of SB 21-073.

Ray Desser, representing himself, testified in support of the bill.

Mr. Desser responded to questions regarding a forthcoming amendment to the bill. Ms. Brogdon responded to questions regarding how a fixed statute of limitations for sexual misconduct on a child impacted her case.

Jean McAllister, representing the Rocky Mountain Victim Law Center and Colorado Organization for Victim Assistance, testified in support of SB 21-073.

Kerry Englert, representing herself, testified in support of the bill.

Randy Kady, representing himself, testified in support of the bill.

Susan Leighnor, representing herself, testified in support of HB 21-073.

Jeb Barrett, representing Survivors Network of those Abused by Priests, testified in support of the bill.

Ms. Leighnor responded to questions regarding a study on child molestation she cited. Mr. Barrett responded to questions regarding differences between an adult and a child coming forward to level accusations of sexual misconduct.

Ray Harlan, representing Colorado Victims for Justice, testified in support of SB 21-073.

Mary-Katherine Fleming, representing herself, testified in support of the bill.

Pamela Maass, representing herself, testified in support of SB 21-073.

Kristian Roggendorf, representing himself, testified in support of the bill.

Raana Simmons, representing the Colorado Coalition Against Sexual Assault, testified in support of the bill.

Mr. Roggendorf responded to questions regarding due process considerations in the absence of a statute of limitations in states that have eliminated a statute of limitations. Discussion ensued regarding the potential for court challenges as the result of the removal of certain statutory language by the bill. Ms. Simmons responded to questions regarding the removal of statutes of limitations in certain districts. Discussion ensued regarding the removal of civil statutes of limitations in certain jurisdictions. Ms. Simmons responded to questions regarding the definition of "sexual misconduct" under the bill, and the extent of statutes of limitations associated with the definition. Conrad Imel, Office of Legislative Legal Services, provided input on this issue. Mr. Imel responded to questions regarding a comparison between the criminal statute of limitations under current law and for civil law under the bill for certain conduct.

Corey Russell, representing herself, testified in support of SB 21-073.

Alan Lewis, representing himself, testified in support of SB 21-073.

The committee recessed.

The committee returned to order.

The bill sponsors provided closing remarks in support of SB 21-073. Representatives Tipper and Weissman provided closing remarks in support of the bill.