J_SCR_2018A 03/23/2018 01:04:41 PM Committee Summary

Jane Ritter, OLLS, testified that the Proposition AA Refund Account, which was created by HB 15-1367, was scheduled for and did repeal in 2017. However, when the entire part that contained the refund account was repealed, references to it remained throughout the statutes. These references point nowhere, and Ms. Ritter explained that it is important to remove them. She noted that there are a few provisions in statute that still reference the refund account that aren't included in the bill, but that's because those specific provisions are being kept for historical purposes.

Jery Payne, OLLS, testified before the Committee, explaining that after the addition of a likely erroneous "not" to a provision in a bill that amended section 12-6-523 (1)(a), C.R.S., the provision now forbids the manufacturers of off-highway vehicles, snowmobiles, and personal watercraft from performing warrantee work, which was not the goal of the legislation. Mr. Payne also explained that the provision, as currently written, arguably violates article 1, section 10 of the United States Constitution and article 2, section 11 of the Colorado Constitution.

The propose bill changes the provision to match a similar provision, section 12-6-120 (1)(c), C.R.S.

Michael Dohr, OLLS, testified before the Committee, explaining that there a number of different ways to commit the offense of "crime of failure to register as a sex offender," including when a sex offender fails to cancel his or her registration if he or she moves out of state. Currently, Mr. Dohr explained, there is no cross-reference in the crime (section 18-3-412.5) that the offender must file the cancellation when he or she moves out of state (section 16-22-108). This issue was brought to staff's attention by attorneys in the judicial branch. The proposed Bill 2c adds the cross-reference.

Michael Nicoletti, Colorado Department of Public Health and Environment (CDPHE), and Ann Hause, CDPHE, testified before the Committee concerning proposed bill 2d, explaining that the amended provisions were those that the department most often get calls about and those that the department thought were unclear, obsolete, and misleading to the public and partners and stakeholders. After discussing the proposed bill and the amendment to the proposed, the Committee members discussed whether the bill was too broad, whether the amendment should be broken up into multiple bills, or whether the issue should be revisited during the interim, when multiple bills (and memos describing the issues) could be drafted. The Committee decided on the latter.

Brita Darling, OLLS, testified before the Committee, explaining the Supreme Court decision in Trinity Lutheran Church of Columba, Inc. v. Comer, what might be considered a "generally available public benefit" in the Tony Grampsas Program, and the changes to statute in proposed Bill 2e, which repeals the word "nonsectarian" in a number of definitions. Senator Moreno added that the Committee had been consistently reviewing court cases that might apply to the Colorado Revised Statutes, which is why he asked Ms. Darling to prepare a legal opinion and proposed bill 2e. After a discussion, the Committee decided not to introduce Bill 2e.