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H_JUD_2016A 04/21/2016 02:06:19 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 04/21/2016
ATTENDANCE
Time: 02:06 PM to 10:51 PM
Carver
X
Court
X
Place: HCR 0112
Dore
*
Foote
*
This Meeting was called to order by
Lawrence
*
Representative Kagan
Lundeen
X
Melton
*
This Report was prepared by
Salazar
X
Bo Pogue
Willett
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1347

HB16-1384

SB16-132

HB16-1393

HB16-1328
Amended, Referred to the Committee of the Whole

Postponed Indefinitely

Amended, Referred to the Committee of the Whole

Witness Testimony and/or Committee Discussion Only

Amended, Referred to Appropriations





02:06 PM -- HB16-1347



The committee was called to order. A quorum was present. Representative Danielson, prime sponsor, presented House Bill 16-1347, concerning the release of information concerning an employer's violation of wage laws by the Division of Labor in the Department of Labor and Employment. Committee members received a constituent letter in support of the bill (Attachment A). Representative Danielson explained the effect of the bill and discussed its need. Representative Danielson discussed the stakeholder process involved in crafting the bill. Representative Danielson responded to questions regarding how businesses might be compromised by the bill in terms of revealing confidential information, and the types of violations covered by the bill. Representative Danielson responded to questions regarding what constitutes a determination of a violation by the Division of Labor (DOL) within the Department of Labor and Employment.



16HouseJud0421AttachA.pdf16HouseJud0421AttachA.pdf



02:19 PM



Representative Danielson responded to questions regarding the intent of HB 16-1347, and potential unintended consequences for businesses under the bill. Representative Danielson responded to further questions regarding the types of wage theft cases taken up by the DOL, and the potential for amending the bill to address certain concerns.















02:32 PM --
Mr. Patrick Teegarden, representing the Department of Labor and Employment, testified in support of the bill. Mr. Teegarden responded to questions regarding the potential for amending the bill to trigger public wage theft disclosure once an employer's administrative remedies have been exhausted. Discussion ensued regarding this point, and the potential for wage law violation information to be discoverable under the Colorado Open Records Act (CORA).





02:42 PM



Mr. Teegarden responded to questions regarding the definition of wage theft, and the scope of wage theft prosecutions. Discussion ensued regarding attempts through the legislation to remove the trade secret classification of wage theft, and the effect of some proposed amendments to the bill.





02:58 PM



Discussion ensued regarding the tolling of CORA, and the effect of a proposed amendment on the applicability of CORA under the bill. Discussion followed regarding a provision in the bill that allows the director of the DOL to determine what constitutes a trade secret. Mr. Teegarden responded to questions regarding the parameters of certain documents affected by the bill.



03:13 PM --
Dr. JoAnn Fujioka, representing herself, testified in support of the bill. Ms. Fujioka discussed her efforts to support businesses that treat their employees fairly, and explained how the bill will help her to make consumer decisions. Ms. Fujioka responded to questions regarding her knowledge of employees who have suffered wage theft.



03:18 PM --
Mr. Dave Lichtenstein, representing the Plaintiffs Employment Bar, testified in support of the bill. Mr. Lichtenstein addressed previous questions.



03:21 PM --
Mr. Larry Hudson, representing the Colorado Association of Commerce and Industry, testified on the bill from a neutral perspective. Mr. Hudson explained how the bill would work in practice. Mr. Hudson clarified his organization's position on the bill. Mr. Hudson responded to questions regarding the timing of the process under HB 16-1347.





03:28 PM



Representative Danielson explained the effect of amendment L.005 (Attachment B).



16HouseJud0421AttachB.pdf16HouseJud0421AttachB.pdf



03:32 PM



The committee recessed.





















03:39 PM



The committee returned to order. Discussion ensued regarding the potential for merging amendment L.007 (Attachment C) into amendment L.005.



16HouseJud0421AttachC.pdf16HouseJud0421AttachC.pdf

BILL: HB16-1347
TIME: 03:29:31 PM
MOVED: Court
MOTION: Adopt amendment L.005 (Attachment B), as conceptually amended. The motion passed without objection.
SECONDED: Melton
VOTE
Carver
Court
Dore
Excused
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:








































BILL: HB16-1347
TIME: 03:36:56 PM
MOVED: Kagan
MOTION: Conceptually merge amendment L.007 (Attachment C) into L.005. The motion passed without objection.
SECONDED: Willett
VOTE
Carver
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

































































03:56 PM



Representative Danielson provided closing remarks in support of HB 16-1347. Various committee members provided their positions on the bill.

BILL: HB16-1347
TIME: 03:57:07 PM
MOVED: Lee
MOTION: Refer House Bill 16-1347, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Court
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

























































04:01 PM -- HB16-1384



Representative Danielson, prime sponsor, presented House Bill 16-1384, concerning establishing a legal privilege related to testifying without consent for disability advocates. Representative Danielson requested that the bill be postponed indefinitely.

BILL: HB16-1384
TIME: 04:03:38 PM
MOVED: Salazar
MOTION: Postpone House Bill 16-1384 indefinitely. The motion passed on a vote of 11-0.
SECONDED: Court
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





04:04 PM -- SB16-132



The committee recessed.





04:21 PM



The committee returned to order. Representative Foote, prime sponsor, presented Senate Bill 16-132, concerning clarifying that test results relating to certain DUI offenses are not public information, for action only. The committee heard testimony on the bill at its at its April 5 meeting. Representative Foote responded to questions regarding the differences between amendment L.006 (Attachment D), and L.004, which was moved and subsequently withdrawn at the previous meeting.



16HouseJud0421AttachD.pdf16HouseJud0421AttachD.pdf
















BILL: SB16-132
TIME: 04:24:45 PM
MOVED: Willett
MOTION: Adopt amendment L.006 (Attachment D). The motion passed without objection.
SECONDED: Lundeen
VOTE
Carver
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





































































04:27 PM



Representative Foote provided closing remarks in support of SB 16-132.

BILL: SB16-132
TIME: 04:27:28 PM
MOVED: Foote
MOTION: Refer Senate Bill 16-132, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Court
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





04:28 PM -- HB16-1393



Representative Foote, co-prime sponsor, presented House Bill 16-1393, concerning procedures for ordered testing for communicable diseases. Representative Foote explained the effect of the bill and discussed its need. He explained the process for obtaining a search warrant and why that was chosen to be included in the bill.





04:38 PM



Representative Esgar, co-prime sponsor, joined the committee. The following persons testified regarding HB 16-1393:



04:40 PM --
Grand Junction Police Department Chief John Camper, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Chief Camper responded to questions regarding what type of information or conditions would be required to prompt a search warrant pursuant to the bill.























04:51 PM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman explained that the bill will help speed up testing in instances where law enforcement officers may have been exposed to communicable diseases.



04:52 PM --
Mr. Scott Donaldson, representing the Grand Junction Police Department, testified in support of the bill. Officer Donaldson recounted an instance where he was exposed to bodily fluids from a person at a traffic stop, and discussed the benefits of the bill. Officer Donaldson responded to questions regarding instances where a person who transmitted bodily fluids makes no claims to have a communicable disease.



04:57 PM --
Mr. Matthew Koch, representing the Grand Junction Police Department, testified in support of the bill. Officer Koch recounted an instance where he was exposed to bodily fluids from a crime suspect. Officer Koch responded to questions regarding the circumstances surrounding the incident.



05:01 PM --
Ms. Barb Cardell, representing the Colorado Organization Responding to AIDS, testified in opposition to HB 16-1393. Ms. Cardell expressed some concerns about the bill, discussed HIV risk, and noted some potential amendments to the bill. Ms. Cardell clarified her objections to the bill. Discussion ensued about these objections.



05:17 PM --
Mr. George Guzman, representing himself, testified in opposition to the bill. Mr. Guzman discussed best practices for reducing occupational exposure to communicable diseases, and questioned the need for the bill. Mr. Guzman responded to questions regarding documented cases of communicable disease transmissions to those on the job, and the likelihood of transmitting certain communicable diseases.



05:27 PM --
Mr. Mike Taylor, representing the Mod Squad, testified in opposition to the bill. Mr. Taylor explained that the bill would potentially authorize unwarranted searches and subject individuals to unwarranted procedures. Mr. Taylor responded to questions regarding his concerns about probable cause for authorizing a search warrant, and legislation considered by the General Assembly in recent years with similar subject matter to HB 16-1393.



05:33 PM --
Reverend Tammy Garrett-Williams, representing the Above Waters Project, testified in opposition to the bill. Reverend Garrett-Williams discussed the timeline for search warrants issued under the bill, and the potential perpetuation of bias by the bill. She questioned the need for the bill.



05:38 PM --
Ms. Kari Hartel, representing the Mod Squad and Colorado PWN, testified in opposition to the bill. Ms. Hartel suggested the bill may be overly broad in scope, and questioned the need for the bill. Discussion ensued regarding how certain communicable diseases are transmitted, and communicable disease testing that persons may be required to undergo under current law.





05:55 PM



Discussion continued regarding how certain communicable diseases are transmitted. Discussion ensued regarding preliminary testing of the criminal suspect under the bill.

























06:02 PM



Representative Foote provided closing remarks in support of HB 16-1393, and discussed some forthcoming amendments that will be offered to address concerns. Representative Esgar provided further input on the bill.





06:08 PM



Representative Kagan laid over HB 16-1393 for future action.





06:08 PM



The committee recessed.





06:18 PM -- HB16-1328



Representatives Lee and McCann, co-prime sponsors, presented House Bill 16-1328, concerning statutory provisions related to the use of seclusion on individuals. Representative Lee explained the effect of the bill, as amended by L.002 (Attachment E), a strike-below amendment, and discussed the need for the legislation. Representative Lee also provided background on the Division of Youth Corrections (DYC) and its restraint and seclusion policies. Representative Lee discussed the genesis of the legislation. Representative McCann provided additional input on the bill.



16HouseJud0421AttachE.pdf16HouseJud0421AttachE.pdf



06:34 PM



Representative Lee provided an overview of amendment L.002. Representative Lee responded to questions regarding stakeholder knowledge of the amendment and the scope of the problems to be addressed by the bill. Representative Lee responded to further questions regarding the efficacy of certain policies adopted by DYC, and the veracity of certain statements made by DYC.





06:57 PM



Representative Lee responded to questions regarding the need to create statutory policy governing restraint and seclusion in youth corrections facilities, and explained the definitions of certain terms. Discussion ensued regarding a provision in the bill that prohibits the use of seclusion on an inmate for the purposes of protection. The following persons testified regarding HB 16-1328:























07:04 PM --
Ms. Nikki Hatch, representing the Department of Human Services, along with Dr. Robert Werthwein and Mr. Charles Parkins, testified in opposition to the bill. Committee members received some information about the bill, provided by the department (Attachment F). Ms. Hatch discussed the seclusion policies employed by DYC, and explained why the bill would be detrimental to the those confined to DYC facilities. She also discussed the services provided to youth in the facilities, and the reasons why seclusion is used.



16HouseJud0421AttachF.pdf16HouseJud0421AttachF.pdf



07:14 PM



Ms. Hatch discussed statistics maintained by DYC and made available to the public, and explained how DYC policies are working. Ms. Hatch discussed the fiscal impact of the bill. Ms. Hatch responded to questions regarding the actions DYC could undertake under current law that it could not take if HB 16-1328 were passed.





07:26 PM



Ms. Hatch and Dr. Werthwein responded to questions regarding the admission of violation of policy by DYC after press reports about its policies. Dr. Werthwein responded to questions regarding the current use of restraint and seclusion by DYC. Mr. Parkins responded to questions about other practices in use by DYC. Ms. Hatch responded to questions regarding what practices are allowed under HB 16-1328, and how the bill may preclude best practices.





07:40 PM



Ms. Hatch responded to questions regarding a provision in the bill that establishes a working group on seclusion-related issues, and data collection requirements in the bill. Ms. Hatch responded to further questions regarding the ability to access certain information pertaining to the DYC. Discussion ensued regarding certain features in DYC facilities, and documentation associated with seclusion. Discussion followed regarding the definition of certain terms. Discussion returned to record-keeping practices in DYC facilities.





08:02 PM



Discussion returned to reporting requirements at DYC facilities and under the bill. Discussion followed regarding administrative seclusion.



08:09 PM --
Ms. Antoinette Salas, representing herself, testified in support of the bill Ms. Salas recounted the use of seclusion on her child in a DYC facility, and the effect this practice had on her child. Ms. Salas responded to questions regarding how her son is currently handled, and communication with the parents on the use of seclusion.

























08:16 PM --
Ms. Elise Logemann, representing the Colorado Juvenile Defender Center, testified in support of the bill. Ms. Logemann discussed the need to establish youth seclusion policies in state law, and addressed questions raised during earlier discussion. She discussed the merits of the legislation. Ms. Logemann responded to questions regarding policies adopted by DYC pertaining to seclusion, and the differences between DYC policies and those required by the bill. Discussion returned to record-keeping policies associated with seclusion at DYC.





08:32 PM



Ms. Logemann responded to questions regarding how her organization handles complaints about DYC activities, and DYC staff during emergency situations. Discussion ensued regarding how to improve the DYC complaint process, and assertions by DYC representatives that the bill will harm the youth under its charge. Ms. Logemann responded to questions regarding trends in oversight at DYC. Discussion returned to the complaint process associated with DYC practices and potential abuses.





08:47 PM



Discussion ensued regarding the charge of the working group created by the bill.



08:47 PM --
Ms. Nicole Miera, representing herself, testified in support of HB 16-1328. Ms. Miera recounted her brother's seclusion by Denver County, and the effect of the practice on her brother.



08:52 PM --
Mr. Mark Ivandick, representing Disability Law Colorado, testified in support of the bill. Mr. Ivandick discussed the harmful aspects of seclusion, and provided background on practices undertaken by DYC over the years, as well as at present. Mr. Ivandick responded to questions regarding the policy guidance provided by the bill.



09:01 PM --
Ms. Ivy Palu, representing the Office of the State Public Defender, testified in support of HB 16-1328. Ms. Palu discussed the connection between poor behavior in youth and the use of seclusion, using anecdotes to illustrate this connection. Ms. Palu responded to questions regarding DYC's policy governing when a youth may be put in seclusion.



09:06 PM --
Ms. Jennifer Hill, representing the Colorado Mental Wellness Network and the National Alliance on Mental Illness, testified in support of the bill. Ms. Hill recounted her experience with seclusion as a youth, and the effect the seclusion has had on her.



09:12 PM --
Ms. Meghan Baker, representing herself as a guardian ad litem, testified in support of the bill. She recounted her experiences of working with youth who have been confined to seclusion.



09:17 PM --
Ms. Mary Kay Brannan and Ms. Betty Oval, representing themselves, testified in support of the bill. Ms. Brannan discussed factors that contribute to bad behaviors in youth, and the needs of youth.























09:24 PM --
Ms. Brooke Silverthorn, representing the National Association of Counsel for Children, testified in support of HB 16-1328. She spoke in support of banning solitary confinement, and discussed developments on the use of seclusion for youth in other states. Ms. Silverthorn responded to questions regarding how to handle youth acting in violent and dangerous manners, and the effectiveness of the bill in limiting the use of seclusion.



09:35 PM --
Ms. Carla Bennett, representing the League of Women Voters, testified in support of the bill. Ms. Bennett explained that institutions confining youth have an obligation to promote the well-being of their charges, and discussed the need for enhanced transparency and oversight with respect to the use of seclusion.



09:40 PM --
Ms. Jenifer Stinson, representing herself as a juvenile defense attorney, testified in support of the bill. She related her experiences in representing youth who have been placed in seclusion, and the reported effects of seclusion. Ms. Stinson responded to questions regarding the facilities that held the youth she represented.



09:45 PM --
Dr. Dorie Glover, representing herself, testified in support of the bill. Dr. Glover provided a scholarly overview of the use of aversive techniques.



09:51 PM --
Ms. Tricia Murphy, representing herself, testified in support of HB 16-1328. Ms. Murphy discussed the costs associated with the use of solitary confinement.



09:54 PM --
Dr. Kathleen Hynes, representing the ACLU, testified in support of the bill. Dr. Hynes discussed data associated with the use of seclusion. Dr. Hynes responded to questions regarding why youth detention facilities are allowed to use seclusion techniques, while parents might be in trouble with the state should they use similar techniques.



10:01 PM --
Ms. Denise Maes and Ms. Rebecca Wallace, representing the ACLU, testified in support of the bill. Ms. Maes discussed the violation of laws by DYC by putting youth in solitary confinement, and the policies that allowed these infractions. She discussed resistance by DYC to changes in its policies. Ms. Wallace addressed questions raised during earlier discussion. Discussion ensued regarding the basis for amendment L.002, and funding for the policies called for in the amendment. Discussion followed regarding the fiscal impact of the bill, and alternatives to the bill in terms of monitoring DYC youth offenders.





10:20 PM



Discussion continued regarding the fiscal impact of HB 16-1328. Ms. Amanda Hayden, Legislative Council Staff, provided input on the fiscal impact of the bill.





10:29 PM



Representative Lee explained the effect of amendments L.002 and L.003 (Attachment G).



16HouseJud0421AttachG.pdf16HouseJud0421AttachG.pdf
















BILL: HB16-1328
TIME: 10:31:33 PM
MOVED: Lee
MOTION: Adopt amendment L.003 (Attachment G). The motion passed without objection.
SECONDED: Court
VOTE
Carver
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: HB16-1328
TIME: 10:31:17 PM
MOVED: Lee
MOTION: Adopt amendment L.002 (Attachment E), as amended. The motion passed on a vote of 6-5.
SECONDED: Salazar
VOTE
Carver
No
Court
Yes
Dore
No
Foote
Yes
Lawrence
No
Lundeen
No
Melton
Yes
Salazar
Yes
Willett
No
Lee
Yes
Kagan
Yes
YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS















10:50 PM

BILL: HB16-1328
TIME: 10:50:53 PM
MOVED: Lee
MOTION: Refer House Bill 16-1328, as amended, to the Committee on Appropriations. The motion passed on a vote of 6-5.
SECONDED: Melton
VOTE
Carver
No
Court
Yes
Dore
No
Foote
Yes
Lawrence
No
Lundeen
No
Melton
Yes
Salazar
Yes
Willett
No
Lee
Yes
Kagan
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS





10:51 PM



The committee adjourned.


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