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S_JUD_2020A 02/12/2020 01:35:23 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 02/12/2020
Attendance
Cooke X
Gardner *
Rodriguez X
Gonzales X
Lee X
Time 01:35:23 PM to 09:33:11 PM
Place SCR 352
This Meeting was called to order by Senator Lee
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
SB20-116 Postponed Indefinitely
SB20-016 Amended, referred to the Committee of the Whole
SB20-096 Amended, referred to Senate Appropriations
SB20-138 Referred to the Committee of the Whole
SB20-059 Amended, referred to Senate Appropriations
HB20-1019 Amended, referred to Senate Appropriations

X = Present, E = Excused, A = Absent, * = Present after roll call

SB20-059 - Amended, referred to the Committee of the Whole - Consent Calendar


01:35:35 PM  

Senate Bill 20-059, concerning sexual assault on a student by an educator, was originally heard in committee on February 10, 2020, and was laid over to work on an amendment.

 

Senator Hisey, sponsor, distributed Amendment L. 003 (Attachment A).  He explained that the amendment re-writes the bill to better address an 18-year-old student and educators in positions of trust. 

 

Amanda Gall, representing the Colorado District Attorneys' Council, explained specific provisions of the amendment. 

 



01:42:22 PM
Motion Adopt amendment L.003 (Attachment A)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
01:42:48 PM  

Senator Hisey made closing remarks. 



01:44:15 PM
Motion Refer Senate Bill 20-059, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gonzales
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB20-116 - Postponed Indefinitely


01:44:50 PM  

Senator Woodward, sponsor, presented SB20-116, concerning the penalties for driving under restraint when the license is restrained for reasons other than an alcohol-related offense.  He asked that the bill be postponed indefinitely.  



01:51:09 PM
Motion Postpone Senate Bill 20-116 indefinitely.
Moved Gonzales
Seconded
Cooke Yes
Gardner Yes
Rodriguez Excused
Gonzales Yes
Lee Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB20-016 - Amended, referred to the Committee of the Whole


01:51:31 PM  

Senator Rankin, sponsor, explained SB20-016, concerning amending the existing parent notification law to require notification of charges brought against public school employees relating to the provision of illegal substances to students.  He distributed a handout that summarizes the bill and provides background information (Attachment B).   He answered questions about exceptions for medical marijuana and presented Amendment L. 001 (Attachment C) in response.   

 

01:58:57 PM  

Luke Ragland, representing Ready Colorado, testified in support of the bill.  He discussed a parent notification bill from 2018 and explained how this bill adds notification for providing marijuana, controlled substances, or alcohol to minors.

Committee members asked questions about delineating between charges and convictions, compliance, teacher license revocations, and the actual numbers of notices sent to parents. 

 

 



02:10:09 PM
Motion Adopt amendment L.001 (Attachment C)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:10:37 PM  

The committee suggested a possible amendment on second reading to track the number and type of notifications sent to parents.  



02:11:35 PM
Motion Refer Senate Bill 20-016, as amended, to the Committee of the Whole.
Moved Gonzales
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales No
Lee Yes
Final YES: 4   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB20-096 - Amended, referred to Senate Appropriations


02:17:06 PM  

Senator Rodriguez, sponsor, explained Senate Bill 20-0 96, concerning an authorization for notaries public to perform notarial acts using audio-video communication.  Committee members asked questions about the bill's application, privacy protections, and verification of remote notaries and clients. 

02:21:36 PM  

Diane Evans, representing the Land Title Guaranty Company, testified in support of the bill.  She discussed the history of the bill and consumer choice.  Committee members asked questions about consumer and vendor identification and related rules and standards. 

 

02:27:13 PM  

Terry Jones, representing Colroado Mortgage Lenders Association, testified in support of the bill.  He answered questions about security and data protection and practices in other states. 

 

02:37:32 PM  

Charles Calvin, representing the Colorado Bar Association, testified in favor of the measure if amended to address privacy concerns regarding signer, third parties, and privileged documents.  He also suggested that the Secretary of State be allowed adequate time to promulgate rules and regulations. 

02:46:44 PM  

Senator Rodriguez distributed Amendment L. 002 (Attachment D).  Ms. Evans explained that it addresses length and privacy of related recordings. 

 

Committee members recommended that some of the concerns addressed earlier in the hearing be looked at as the bill progresses through the legislative process. 



02:52:03 PM
Motion Adopt amendment L.002 (Attachment D)
Moved Rodriguez
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


02:54:17 PM
Motion Refer Senate Bill 20-096, as amended, to the Committee on Appropriations.
Moved Rodriguez
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB20-138 - Referred to the Committee of the Whole


02:54:42 PM  

Senator Rodriguez, sponsor, explained Senate Bill 20-138, concerning increased consumer protection for homeowners seeking relief for construction defects. 

 

Wendy Davenson, representing herself, testified in support of the bill.  She explained that six years, the current statute of repose, is not enough time for construction defects to manifest themselves.

 

Roxie Seely, representing herself, testified in support of the bill. She discussed construction defects encountered with a new build and the short filing time. 

 

Shane Fleener, representing himself as a legal advocate, spoke in favor of the bill.  He discussed statutes of repose in other states, equitable tolling, and developers taking advantage of the short time period in Colorado.  He answered questions about the impact of the bill on the housing market. 

 

 

03:12:16 PM  

Edward Fronaphel, representing himself, testified in support of the bill.

 

William York-Fern, representing himself, spoke in favor of the bill. He discussed Colorado's climate and construction defects.  

 

Theordora Bender, representing herself, testified in support of the bill. She discussed foundational issues and redress.

03:20:00 PM  

Kathie Barstnar, representing Homeownership Opportunity Alliance, testified in opposition to the bill. She distributed a handout outlining organizations opposed to the bill (Attachment E). She discussed the construction defects bill passed in 2017. 

 

Ted Leighty, representing Colorado Assocation of Home Builders, testified in opposition to the bill. He raised concerns about the bill's retroactive application and potential impact on the housing market.

 

John Mill, representing Associated General Contractors, testified in opposition to the bill. He discussed negative impacts on construction, equitable tolling, and the broad application of the bill.

 

Committee discussion followed about equitable tolling and the difference between statute of limitations and statue of repose.  The committee asked questions about the Consumer Protection Act. 

 

 

03:52:09 PM  

Committee members asked questions about similar provisions in other states.

03:54:38 PM  

Kelly Campbell, representing American Property and Casualty Insurance Corporation, testified in opposition to the bill. She discussed risk and certainty.

 

Nikolaus Remus, representing the American Institute of Architects Colorado, testified in opposition to the bill.   He discussed equitable tolling and the broad application of bill. 

04:02:14 PM  

Kevin Amatuzio, representing Colorado Defense Lawyers Association and the Association of Defense Trial Attorneys, testified in opposition to the bill.

 

Michael Gifford, representing Associated General Contractors, testified against the measure.

04:10:24 PM  

Dan Gonzales, representing himself, spoke in support of the bill.

 

Jonathon Harris, representing Build Our Homes Right, testified in favor of the bill. He discussed affordable housing. 

 

Heidi Storz, representing herself as a construction defect attorney, testified in favor of the bill.  She discussed practices in other states and answered questions from the committee.

04:22:32 PM  

Craig Nuss, representing himself, testified in favor of the bill.

 

Frank Sturgell, representing himself, testified in support of the bill. He discussed developers use of low quality materials. 

04:28:13 PM  

Letters in support were submitted for the record (Attachment F). 

 

Senator Rodriguez made closing remarks.

04:33:43 PM  

Committee members commented on the bill and the 2017 construction defect legislation. 



04:35:39 PM
Motion Refer Senate Bill 20-138 to the Committee of the Whole.
Moved Rodriguez
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB20-059 - Amended, referred to Senate Appropriations


04:51:00 PM  

Senator Lee explained that SB20-059, passed unanimously earlier in the hearing, needed to be reconsidered and routed to the Committee on Approrpriations due to a prison appropriations clause.  



04:51:11 PM
Motion Reconsider
Moved Cooke
Seconded
Cooke Yes
Gardner Yes
Rodriguez Excused
Gonzales Yes
Lee Yes
YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS


04:51:46 PM
Motion Refer Senate Bill 20-059, as amended, to the Committee on Appropriations.
Moved Cooke
Seconded
Cooke Yes
Gardner Yes
Rodriguez Excused
Gonzales Yes
Lee Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB20-1019 - Amended, referred to Senate Appropriations

04:52:00 PM  

Senator Gonzales, explained HB20-1019, concerning measures to manage the state prison population, and, in connection therewith, making an appropriation.  She discussed how the bill is a product of the Prison Population Management Interim Study Committee.  She noted exigent circumstances since that time, such as the closing of the Cheyenne Mountain Ranch Reentry Center.   She summarized each section of the bill. 

 

05:03:06 PM  

Christen Robinson, representing himself as a student in Otero County, testified against the bill.  He raised concerns about closing private prisons and jobs in rural areas. 

 

Rena Henager, representing herself as a student in Otero County, testified from a neutral position.  She recognized the downfalls of private prisons but noted the importance of the jobs it provides in the region. 

 

Sophia Klob, representing herself as a student in Otero County, testified in opposition to the bill.  She cited economic concerns. 

 

The panel answered questions from the committee about the bill's potential impact on shool districts, economic development, the erosion of public trust, and the local job market. 

 

05:17:56 PM  

Elsie Goines, representing Las Animas School District, testified against the bill. She discussed the impact of a private prison closure on schools. 

 

Lana Gardner, representing the Las Animas School District, testified against the bill. She discussed Bent County poverty rates and the lack of rural job opportunities.

 

David Armstrong, representing himself as a resident of Las Animas, testified against the bill. He outlined  potential impacts of closing the private prison. 

 

Steven Salazar, representing himself as a student at Las Animas High School, testified against the bill.

 

Committee members asked questions about the study as outlined in the bill.  Discussion ensued about preventing the study from being a foregone conclusion to eliminate private prisons.

05:32:51 PM  

Scott Cuckow, representing Crowley County School District, testified against the bill. He expressed concerns that residents will move prematurely in anticipation of the prison closure. 

 

Bryan Simmons, representing the First National Bank of Las Animas, testified against the measure. He discussed job losses and economic development. 

 

Mary Carenas, representing Carmen's Restaurant in Las Animas, testified against the bill.  She discussed how a prison closure would impact neighboring businesses.

 

Greg Brophy, representing the city of Burlington, testified against the measure. He expressed concerns about provisions in the bill regarding contracts with other states for housing inmates in closed private prison facilities.  

 

Committee discussion followed about the proposed study in the bill. 

 

05:58:18 PM  

Blaine Arbuthnot, Crowley County Commissioner, testified against the bill.  He discussed economic diversification and water, power, and transportation issues in Crowley County. 

 

Tobe Allumbaugh, Crowley County Commissioner, testified against the bill. He distributed a handout that compares dollars lost based on projected property tax decreases (Attachment G).  He discussed Crowley County's economic decline. 

 

Calvin Feck, representing Bent County, testified in opposition to the measures.  He discussed costs to the state if the prison closes. 

 

Kim McDonnell, Bent County Commissioner, testified against the bill.  She discussed contract provisions and distributed a handout (Attachment H). 

 

The committee discussed contract monitoring. 

 

 

06:18:35 PM  

Chuck Netherton, representing Bent County, testified against the bill. He questioned the need for a study if the outcome is predetermined.

 

Caroline Ehrlich, representing herself, testified against the bill. She discussed volunteer work at the private prison. 

 

Sammie George, representing the Bent County Development Foundation, testified against the measure. She discussed economic impacts and regional issues.

06:29:02 PM  

Kristina Salazar, repesenting herself, testified against the bill.  She expressed concerns about employment prospects if the private prison closes. 

 

Laura LaBarge, representing herself, testified against the measure.

 

Sarah Blackhurst, representing Action 22, testified in opposition to the measure.

06:33:34 PM  

Senator Cooke read a letter into record from a Morgan County representative against the measure.

06:35:14 PM  

Aaron Greco, legislative liaison for the Department of Corrections (DOC), testified in favor of the bill. He discussed private prisons, criminal justice policy, safety, and prison reform efforts.  He further discussed prison capacity and core functions of government. 

 

The committee discussed and asked questions about recidivism rates, prison capacity, core functions of government, contract provisions, and relationships with private correctional-related partners. 

 

06:54:30 PM  

Further discussion ensued about the supplemental budget request by DOC to open Centennial South (CSP II).  The committee asked questions about costs, generally, and those between private and public prisons.

06:58:54 PM  

Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in favor of the bill.  She discussed mass incarceration and raised liability issues about housing out-of-state inmates.  She also discussed prison re-purposing. 

 

Denise Maes, representing the American Civil Liberties Union, testified in support of the measure. She discussed the study and the economic development piece of it.  She also explained provisions in the bill regarding escapes and unauthorized absences.

 

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill. She discussed mass incarceration and stressed that prisons should be a government function, not a private one.

 

Committee members asked questions about contracts with private prison providers and liability. 

 

07:26:46 PM  

Committee members discussed the escape and walk-away provisions in the bill. 

 

The committee recessed. 

09:20:00 PM  

The committee was called back to order.  

 

Senator Gonzales distributed and explained Amendment L. 034 (Attachment I).  The amendment addresses the prison study as outlined in the bill.  

 

 

 

 

 

 



09:23:08 PM
Motion Adopt amendment L.034 (Attachment I)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez Excused
Gonzales
Lee
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
09:23:09 PM  

Senator Cooke distributed and explained Amendment L. 041 (Attachment J).  This amendment amends the previous amendment and further defines the study, as outlined in the bill. 

09:24:16 PM  

Senator Rodriguez explained and distributed Amendment L. 036 (Attachment K). 



09:27:03 PM
Motion Adopt amendment L.041 (Attachment J)
Moved Cooke
Seconded
Cooke
Gardner
Rodriguez Excused
Gonzales
Lee
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


09:28:22 PM
Motion Adopt amendment L.036 (Attachment K)
Moved Rodriguez
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
09:28:23 PM  

Senator Gonzales presented Amendment L. 042 (Attachment L), which addresses contract provisions with private prisons. 



09:29:18 PM
Motion Adopt amendment L.042 (Attachment L)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
09:30:28 PM  

Senator Gonzales made closing remarks. 



09:32:48 PM
Motion Refer House Bill 20-1019, as amended, to the Committee on Appropriations.
Moved Gonzales
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


09:33:11 PM   The committee adjourned.






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