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S_JUD_2017A 04/10/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 04/10/2017
ATTENDANCE
Time: 01:35 PM to 08:35 PM
Coram
X
Fields
X
Place: RM 271
Kagan
*
Cooke
X
This Meeting was called to order by
Gardner
*
Senator Gardner
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-229

HB17-1209

SB17-216

SB17-281

HB17-1230
Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to Senate Appropriations

Referred to the Committee of the Whole

Postponed Indefinitely





01:35 PM -- SB17-229



Senator Cooke called the committee to order. Senator Holbert, prime sponsor, presented Senate Bill 17-229, concerning failure to exhibit due care when passing vehicles displaying visual signals. Senator Holbert explained specific instances that would have been covered by the bill. Senator Coram commented.



01:42 PM --
Sgt. David Hall, representing the Colorado State Patrol and the Colorado Department of Transportation, testified in support of the bill. He discussed circumstances where the safety of law enforcement is threatened, including when drivers do not provide enough room for law enforcement. He responded to a question concerning first responder safety.



01:47 PM --
Ms. Velma Donahue, representing herself, testified in support of the bill. She discussed the death of her husband, Colorado State Patrol Trooper Cody Donahue. She explained the reasons she would like increased penalties for people who kill or injure first responders. Senator Fields commented.



01:54 PM --
Ms. Erin Donahue-Paynter, representing herself, testified in support of the bill. She discussed the death of her brother, Trooper Donahue, and explained her reasons for supporting the bill.



01:59 PM --
Mr. Chris Howes, representing the Emergency Medical Services (EMS) Association of Colorado, testified in support of the bill. In response to a question, he explained EMS training.























02:02 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Thompson discussed the penalties for certain traffic offenses that cause bodily injury or death. She responded to a question concerning specific cases. Senator Coram and Senator Fields commented. Ms. Thompson responded to questions about the mental state requirements in the bill, and such requirements for other offenses.





02:14 PM



Senator Holbert provided closing remarks on the bill. Senator Coram commented on the bill.

BILL: SB17-229
TIME: 02:16:55 PM
MOVED: Coram
MOTION: Refer Senate Bill 17-229 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 4-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Excused
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





02:17 PM -- HB17-1209



Senator Cooke and Senator Fields, co-prime sponsors, presented House Bill 17-1209, concerning peace officer designation for the manager of the Office of Prevention and Security within the Division of Homeland Security and Emergency Management in the Department of Public Safety.



02:20 PM --
Mr. Kevin Klein, Director of the Division of Homeland Security and Emergency Management, testified in support of the bill.



02:22 PM --
Mr. Cory Amend, representing the Colorado Attorney General's Office, testified in support of the bill.































02:23 PM



Senator Fields provided closing remarks on the bill.

BILL: HB17-1209
TIME: 02:23:44 PM
MOVED: Fields
MOTION: Refer House Bill 17-1209 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 4-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Excused
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





02:25 PM



The committee recessed.





02:35 PM -- SB17-216



The committee returned to order. Senator Gardner, prime sponsor, presented Senate Bill 17-216, concerning continuation of the regulation of collection agencies under the Colorado Fair Debt Collection Practices Act. The committee heard testimony on the bill at its April 3 meeting. Senator Gardner distributed and explained amendments L.001 (Attachment A), L.002 (Attachment B), L.005 (Attachment C), L.007 (Attachment D), and L.008 (Attachment E).



17SenateJud0410AttachA.pdf17SenateJud0410AttachA.pdf 17SenateJud0410AttachB.pdf17SenateJud0410AttachB.pdf



17SenateJud0410AttachC.pdf17SenateJud0410AttachC.pdf 17SenateJud0410AttachD.pdf17SenateJud0410AttachD.pdf



17SenateJud0410AttachE.pdf17SenateJud0410AttachE.pdf








BILL: SB17-216
TIME: 02:41:27 PM
MOVED: Gardner
MOTION: Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-216
TIME: 02:41:41 PM
MOVED: Gardner
MOTION: Adopt amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




































BILL: SB17-216
TIME: 02:41:56 PM
MOVED: Gardner
MOTION: Adopt amendment L.005 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-216
TIME: 02:42:10 PM
MOVED: Gardner
MOTION: Adopt amendment L.007 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




































BILL: SB17-216
TIME: 02:42:24 PM
MOVED: Gardner
MOTION: Adopt amendment L.008 (Attachment E). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-216
TIME: 02:42:38 PM
MOVED: Gardner
MOTION: Refer Senate Bill 17-216, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:43 PM



The committee recessed.

































02:58 PM -- SB17-281



Senator Neville and Senator Marble, co-prime sponsors, presented Senate Bill 17-281, concerning holding Colorado government accountable for creating sanctuary jurisdiction policies. Senator Marble explained the bill's provisions. Senator Neville discussed differences between SB 17-281 and other bills. He responded to questions concerning the work of U.S. Immigrations and Customs Enforcement (ICE), the Tenth Amendment to the U.S. Constitution, and the definition of "sanctuary jurisdiction." Senator Neville discussed the bill in the context of court actions on laws in other states.



03:08 PM --
Mr. Marat Kudlis, representing himself, testified in support of the bill. He discussed the death of his son that was caused by an immigrant. He responded to a question concerning compensation received following his son's death.



03:17 PM --
Ms. Christine Goodman, representing herself, testified in support of the bill. She stated support for SB 17-281 and opposition to HB 17-1230. She discussed her experience with the death of her husband, and her opinions on illegal immigration and law enforcement practices. Committee members commented.



03:25 PM --
Ms. Chris Lazarus, representing herself, testified in support of SB 17-281. She discussed her son's death from an accidental drug overdose.



03:30 PM --
Mr. John Sampson, representing himself, testified in support of the bill. He discussed circumstances of specific individuals apprehended by law enforcement, and federal immigration law, generally. He stated opposition to HB 17-1230 and responded to a question concerning Denver law enforcement practices.



03:41 PM --
Ms. Patricia DeJong, representing herself, testified in support of SB 17-281. She discussed immigration enforcement, and circumstances at a school where she works.



03:46 PM --
Ms. Eleanor Cabell, representing Indivisible Colorado and the Colorado Organization for Latina Opportunity and Reproductive Rights, testified in opposition to the bill. She stated that the bill affects civil liberties. Ms. Cabell responded to a question concerning the bill's impact on public safety. She further responded to questions concerning data from her testimony, and the constitutionality of the bill. Ms. Cabell responded to a question concerning a specific study.



Senator Kagan commented on Fourth Amendment jurisprudence. Senator Neville commented on the bill. Discussion ensued on this point.



04:02 PM --
Mr. Gray Buckley, representing the Retired Peace Officers of Colorado, testified in support of the bill. He discussed law enforcement practices concerning immigration law. He responded to questions concerning law enforcement practices in Colorado and the need for SB 17-281.

































04:06 PM --
Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in opposition to the bill. Mr. Johnson explained working with ICE, and its predecessor agency, as a county sheriff. He also discussed deportation practices and their effectiveness, liability for law enforcement agencies, and the constitutionality of the bill. Mr. Johnson responded to a question concerning constitutional issues and court decisions. He responded to questions concerning the county sheriffs' position on the bill, and the effect of the bill on public safety and other law enforcement activities. Mr. Johnson responded to questions concerning the process of decision making by the County Sheriffs of Colorado. Mr. Johnson continued to respond to questions concerning the effect of the bill on public safety and law enforcement activities.



04:17 PM --
Ms. Joy Athanasiou, representing herself, testified in opposition to the bill; she also stated her support for HB 17-1230. Ms. Athanasiou discussed federal law concerning immigration, and compliance therewith. She discussed the work of ICE, and the characteristics of sanctuary cities.



04:23 PM --
Mr. Christopher Lasch, representing himself, testified in opposition to SB 17-281. He discussed issues of local control and federal responsibility concerning immigration enforcement. Mr. Lasch further discussed motivations for the bill. He also stated his support for HB 17-1230. He responded to several committee and sponsor questions.





04:34 PM



Senator Neville and Senator Marble commented. Mr. Lasch responded to questions concerning U.S. Supreme Court decisions relating to coercive federal funding, and to the impact of the bill on public safety.



04:39 PM --
Ms. JM Fay, representing herself, testified in support of SB 17-281. Senator Neville read Ms. Fay's testimony.



04:43 PM --
Ms. Carole Ramsay, representing Indivisible Colorado, testified in opposition to the bill. She discussed victims of crimes perpetrated by those who are not immigrants. She responded to questions concerning fear. Ms. Ramsay provided her testimony in support of HB 17-1230.



04:50 PM --
Ms. Allison Daley, representing Colorado Counties, Inc., testified on SB 17-281. She stated concerns with the bill. Ms. Daley responded to questions about county concerns, and specific provisions of the bill. Senator Marble commented.



05:00 PM --
Mr. Rick Block's testimony was submitted to the committee (Attachment F).



17SenateJud0410AttachF.pdf17SenateJud0410AttachF.pdf



05:01 PM --
Ms. Jessica LeRoux, testified in opposition to the bill. She discussed a report concerning sanctuary economies, including benefits offered, and enforcement of federal law. Ms. LeRoux presented her testimony in support of HB 17-1230, but expressed concerns regarding the bill's title.



















05:06 PM --
Mr. Ron Sloan, representing the Colorado Association of Chiefs of Police, testified in opposition to SB 17-281. He discussed the work of state and local law enforcement in enforcing federal immigration law. Mr. Sloan responded to a question from Senator Neville concerning law enforcement. He responded to questions from the committee concerning the effect of the bill on public safety.



05:13 PM --
Ms. Joan Poston, representing herself, testified in support of the bill. She commented on people operating within the law, her dislike for Denver, and the causes of her friends' drug addiction.



05:17 PM --
Mr. Kyle Huelsman, representing the Colorado Immigrant Rights Coalition, testified in opposition to the bill. He discussed legal concerns and court cases concerning holding prisoners under certain circumstances. Mr. Huelsman responded to a question from Senator Neville concerning detention of persons. Senator Neville commented; Mr. Huelsman responded. Mr. Huelsman also responded to committee questions.



05:24 PM --
Mr. Eddie Soto, representing Servicios de la Raza, testified in opposition to the bill. He discussed legal challenges to state detentions of certain persons, and court decisions concerning federal authority. Mr. Soto discussed deportation. He provided testimony in support of HB 17-1230.



Mr. John Sampson, who testified earlier in the meeting, provided information to the committee (Attachment G).



17SenateJud0410AttachG.pdf17SenateJud0410AttachG.pdf



05:29 PM --
Ms. Pantea Beigi, representing herself, testified in opposition to SB 17-281, and in support of HB 17-1230. She discussed the definition of "sanctuary city," and her reasons for opposing SB 17-281. She explained the effect of that bill on tourism.



Ms. Beigi also provided her testimony in support of HB 17-1230. She provided her reasons for supporting the bill, including the consequences of existing immigration policy and rhetoric. She responded to committee questions concerning fearmongering and racism. Senator Neville asked a question concerning the protection of people.





05:41 PM



Ms. Beigi responded to a question from Senator Marble concerning whether the bill is racist. Discussion between the two continued. Senator Fields commented.



05:46 PM --
Mr. Kian Ipakchi-Saiy, representing himself, testified in opposition to the bill. Mr. Ipakchi-Saiy explained his German-Iranian heritage, and his relatives' experiences. He discussed recent federal orders, and experiences of his friends. He stated support for HB 17-1230.

























05:51 PM --
Ms. Jasmin Ipakchi-Saiy, representing herself, testified in opposition to the bill. She discussed her experience as an immigrant. She stated support for HB 17-1230.



Mr. Kian Ipakchi-Saiy responded to questions concerning the effect SB 17-281. He provided his testimony in support of HB 17-1230.



05:56 PM --
Ms. Miranda Glasbergen, representing herself, testified in opposition to SB 17-281 and in support of HB 17-1230. She stated her reasons for opposing SB 17-281. As it concerns HB 17-1230, she provided her perspective as a naturalized citizen.



06:00 PM --
Ms. Dorothea Steinke, representing herself, testified on SB 17-281. She discussed the effect of federal immigration orders, as she understands them. She provided her testimony in support of HB 17-1230.



06:03 PM --
Mr. Abdur-Rahim Ali, representing the Northeast Denver Islamic Center, testified in support of HB 17-1230. He explained his reasons for supporting the bill, and provided information on the history of Muslims in America.





06:06 PM



Senator Fields distributed and explained amendment L.001 (Attachment H).



17SenateJud0410AttachH.pdf17SenateJud0410AttachH.pdf

BILL: SB17-281
TIME: 06:09:44 PM
MOVED: Fields
MOTION: Adopt amendment L.001 (Attachment H). The motion failed on a vote of 2-3.
SECONDED:
VOTE
Coram
No
Fields
Yes
Kagan
Yes
Cooke
No
Gardner
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL

























06:10 PM



Senator Neville provided closing remarks on the bill. Senator Marble provided closing remarks on the bill. Senator Neville provided additional remarks, as did Senator Marble.





06:21 PM



Committee members explained their positions on the bill.

BILL: SB17-281
TIME: 06:29:06 PM
MOVED: Gardner
MOTION: Refer Senate Bill 17-281 to the Committee of the Whole. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Coram
Yes
Fields
No
Kagan
No
Cooke
Yes
Gardner
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





06:29 PM -- HB17-1230



Senator Guzman and Senator Kagan, co-prime sponsors, presented House Bill 17-1230, concerning protection for Colorado residents from federal government overreach based on a person's status. Senator Guzman and Senator Kagan made introductory remarks to the committee. Senator Kagan responded to committee questions.



The following persons testified on HB 17-1230; additional witnesses provided testimony on HB 17-1230 during the hearing on Senate Bill 17-281, held earlier at the committee's meeting:



06:51 PM --
Dr. Joann Ota Fujioka, representing herself, testified in support of the bill. She discussed her reasons for supporting the bill, and her experience, as a person of Japanese decent, being interned in the 1940s. Dr. Fujioka responded to questions concerning similarities between circumstances in the 1940s and now, and her experience being interned.

























07:00 PM --
Ms. Denise Maes, representing the ACLU of Colorado, testified in support of the bill. She discussed Colorado's sovereignty under the U.S. Constitution's Tenth Amendment, the cost of immigration enforcement, and federal agreements with local law enforcement concerning immigration. She responded to questions concerning the constitutionality of agreements between the federal government and local law enforcement agencies, and the constitutionality of detaining people based on specified traits.



07:09 PM --
Mr. Tom Romero, representing himself, testified in support of the bill. He distributed a copy of his testimony (Attachment I), and that of Nancy Ehrenreich (Attachment J). He discussed the history of Colorado's Constitution.



17SenateJud0410AttachI.pdf17SenateJud0410AttachI.pdf 17SenateJud0410AttachJ.pdf17SenateJud0410AttachJ.pdf



07:14 PM --
Reverend Bradley Laurvick, representing the Interfaith Alliance, testified in support of the bill. He explained the benefits of the bill.



07:16 PM --
Ms. Robin Yasui, representing the Coalition for an Inclusive Colorado and the Minoru Yasui Legacy Project, testified in support of the bill. She explained her father's experience being interned following the attack on Pearl Harbor. Ms. Yasui discussed the negative effects of making determinations based on a person's religion and national origin.



07:20 PM --
Ms. Rose Tanaka, representing the Japanese American Citizens League, testified in support of the bill. She spoke favorably of Ms. Yasui's testimony. Ms. Tanaka described her experience, and that of others, being interned in the 1940s. Ms. Tanaka responded to a question about her experience following her internment.



07:26 PM --
Ms. Iman Jodeh, representing herself, testified in support of the bill. She discussed fear that may be alleviated by the bill's policies, and discussed the perpetrators of certain crimes.



07:30 PM --
Ms. Krista Cole, representing the Council on American-Islamic Relations - Colorado, testified in support of the bill. She discussed statements made by federal policy makers concerning policies relating to immigrants.



07:33 PM --
Ms. Nadeen Ibrahim, representing herself, testified in support of the bill. She discussed the success of her family's business, and the potential effect of recent actions on her and her family.



07:36 PM --
Dr. Nabeeh Hasan, representing himself, testified in support of the bill. He discussed his experiences as a Muslim of Arabic decent.



07:39 PM --
Mr. Arian Noorzai, representing the March for Humanity, testified in support of the bill. He discussed the limitation of federal powers and the expanse of state authority under the U.S. Constitution. Mr. Noorzai discussed other constitutional concerns and the effect of the bill.























07:41 PM --
Ms. Palwasha Khan, representing herself, testified in support of the bill. Ms. Khan discussed the contribution of Muslims to the United States, and her family's experience.



07:45 PM --
Ms. Paula Schriefer, representing the Spring Institute, testified in support of the bill. She discussed the benefits of the bill, including avoiding federal overreach and permitting local law enforcement to set their own policies.



07:48 PM --
Ms. Karla Gonzales Garcia, representing the Colorado Organization for Latina Opportunity and Reproductive Rights, testified in support of the bill. She stated opposition to policies that permit detention of individuals based on race, ethnicity, national origin, and other traits.



07:51 PM --
Ms. Gina McAfee, representing Indivisible Colorado, testified in support of the bill. She explained her experience learning about other cultures, and discussed persons who work for her company. She also submitted the testimony of another person (Attachment K).



17SenateJud0410AttachK.pdf17SenateJud0410AttachK.pdf



07:54 PM --
Ms. Neeti Pawar, representing herself, testified in support of the bill. Ms. Pawar discussed her experience working as an attorney on immigration matters.



07:59 PM --
Ms. Susie Shanley, representing herself, testified in support of the bill. She discussed her work with refugees.



08:02 PM --
Ms. Robin Goldstein-Lincoln, representing Indivisible Colorado, testified in support of the bill. Ms. Goldstein-Lincoln discussed working with citizens, legal immigrants, and undocumented immigrants. She responded to a question concerning helping clients dealing with fear.



08:05 PM -- Ms. Maura Benedick, representing herself, testified in support of the bill. She discussed historical concerns relating to immigration enforcement.



Written testimony from individuals not in attendance was submitted to the committee (Attachment L and Attachment M).



17SenateJud0410AttachL.pdf17SenateJud0410AttachL.pdf 17SenateJud0410AttachM.pdf17SenateJud0410AttachM.pdf



08:09 PM --
Ms. Ruth Mackey, representing the Colorado Hispanic Bar Association, testified in support of the bill.



08:12 PM --
Dr. Nabeeh Hasan read the testimony of Dr. Sarah Hemeida in support of the bill.























08:14 PM --
Mr. Adnan Al-Ghourabi, representing himself, testified in support of the bill. He discussed his education and experience, and well as his memories of living in Iraq.



08:16 PM --
Ms. Laurel Hayden, representing herself, testified in support of the bill.



08:18 PM --
Ms. Eleanor Cabell, representing herself, testified in support of the bill. She discussed liberty interests protected by the bill.





08:21 PM



Senator Kagan provided closing remarks on the bill. Senator Guzman provided closing remarks on the bill. Senator Kagan responded to questions concerning the effect of the bill, and its terms.





08:31 PM



Committee members commented on the bill.

BILL: HB17-1230
TIME: 08:33:09 PM
MOVED: Kagan
MOTION: Refer House Bill 17-1230 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Coram
No
Fields
Yes
Kagan
Yes
Cooke
No
Gardner
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
































BILL: HB17-1230
TIME: 08:35:05 PM
MOVED: Coram
MOTION: Postpone House Bill 17-1230 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





08:35 PM



The committee adjourned.


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