Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

H_JUD_2016A 05/03/2016 01:34:45 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 05/03/2016
ATTENDANCE
Time: 01:34 PM to 10:33 PM
Carver
X
Court
X
Place: HCR 0112
Dore
*
Foote
X
This Meeting was called to order by
Lawrence
X
Representative Kagan
Lundeen
X
Melton
X
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:
SB16-146

SB16-150

SB16-189

SB16-169

HB16-1303
Referred to Public Health Care & Human Services

Referred to Public Health Care & Human Services

Amended, Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole

Postponed Indefinitely





01:35 PM -- SB16-146



The committee was called to order. A quorum was present. Representative Kagan explained that he would be referring Senate Bill 16-146, concerning modernizing statutes related to sexually transmitted infections, to the Committee on Public Health Care and Human Services.














































BILL: SB16-146
TIME: 01:37:04 PM
MOVED: Kagan
MOTION: Refer Senate Bill 16-146 to the Committee on Public Health Care and Human Services. The motion passed on a vote of 9-0.
SECONDED:
VOTE
Carver
Yes
Court
Yes
Dore
Excused
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Excused
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

































































01:38 PM -- SB16-150

BILL: SB16-150
TIME: 01:38:32 PM
MOVED: Kagan
MOTION: Refer Senate Bill 16-150 to the Committee on Public Health Care and Human Services. The motion passed on a vote of 9-0.
SECONDED: Melton
VOTE
Carver
Yes
Court
Yes
Dore
Excused
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Excused
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS





























































01:39 PM -- SB16-189



Representative Foote, prime sponsor, presented Senate Bill 16-189, concerning the nonsubstantive revision of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, imperfect, and inoperative law to preserve the legislative intent, effect, and meaning of the law. Representative Foote explained the effect of the bill. No one testified regarding SB 16-189.

BILL: SB16-189
TIME: 01:41:23 PM
MOVED: Foote
MOTION: Adopt amendment L.002 (Attachment A). The motion passed without objection.



16HouseJud0503AttachA.pdf16HouseJud0503AttachA.pdf
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: Pass Without Objection













































01:41 PM

BILL: SB16-189
TIME: 01:41:57 PM
MOVED: Foote
MOTION: Adopt amendment L.003 (Attachment B). The motion passed without objection.



16HouseJud0503AttachB.pdf16HouseJud0503AttachB.pdf
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:























































01:42 PM

BILL: SB16-189
TIME: 01:42:47 PM
MOVED: Foote
MOTION: Refer Senate Bill 16-189, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Lee
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





01:44 PM -- SB16-169



Representatives Kraft-Tharp and Landgraf, prime sponsors, presented Senate Bill 16-169, concerning changes related to the seventy-two-hour emergency mental health procedure. Committee members heard testimony on the bill at its April 28 meeting. Representative Kraft-Tharp read a statement supporting the bill. Representative Kraft-Tharp explained the effect of amendment L.041 (Attachment C).



16HouseJud0503AttachC.pdf16HouseJud0503AttachC.pdf


































BILL: SB16-169
TIME: 01:52:59 PM
MOVED: Court
MOTION: Adopt amendment L.041 (Attachment C). The motion passed without objection.
SECONDED: Melton
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





02:00 PM



Representative Landgraf explained the effect of amendment L.040 (Attachment D). Discussion ensued regarding a potential separation-of-powers issue with the amendment, as well as other potential issues.



16HouseJud0503AttachD.pdf16HouseJud0503AttachD.pdf

















































02:17 PM



Discussion continued regarding potential issues with amendment L.040. Discussion ensued regarding the potential for conceptually amending the amendment to remove certain language.

BILL: SB16-169
TIME: 02:23:54 PM
MOVED: Lee
MOTION: Adopt amendment L.040 (Attachment D). The motion failed for lack of a second.
SECONDED:
VOTE
Carver
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

























































02:24 PM



Representative Kraft-Tharp explained the effect of amendment L.044 (Attachment E). Discussion ensued regarding the merits of the amendment.



16HouseJud0503AttachE.pdf16HouseJud0503AttachE.pdf

BILL: SB16-169
TIME: 02:25:05 PM
MOVED: Kagan
MOTION: Adopt amendment L.044 (Attachment E). The motion failed on a vote of 5-6.
SECONDED: Court
VOTE
Carver
No
Court
Yes
Dore
No
Foote
Yes
Lawrence
Yes
Lundeen
No
Melton
No
Salazar
No
Willett
No
Lee
Yes
Kagan
Yes
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL

















































02:31 PM



Representative Landgraf explained the effect of amendment L.046 (Attachment F). Discussion ensued regarding stakeholder positions on the amendment, and a provision in the amendment concerning the rulemaking authority of the Department of Human Services.



16HouseJud0503AttachF.pdf16HouseJud0503AttachF.pdf

BILL: SB16-169
TIME: 02:46:03 PM
MOVED: Court
MOTION: Adopt amendment L.046 (Attachment F). The motion passed on a vote of 9-2.
SECONDED: Lawrence
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
No
Willett
Yes
Lee
Yes
Kagan
No
YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:47 PM



Representative Salazar explained the effect of amendment L.042 (Attachment G). Discussion ensued regarding the effect, merits, and fiscal impact of the amendment. Ms. Jane Ritter, Office of Legislative Legal Services, provided input on the impact of passing the amendment. Discussion followed regarding stakeholder positions on the amendment.



16HouseJud0503AttachG.pdf16HouseJud0503AttachG.pdf























03:08 PM



Discussion continued regarding the merits of amendment L.042. Discussion returned to the fiscal impact of amendment L.042, and the effect of the amendment.

BILL: SB16-169
TIME: 02:48:31 PM
MOVED: Salazar
MOTION: Adopt amendment L.042 (Attachment G). The motion failed on a vote of 2-8.
SECONDED: Melton
VOTE
Carver
No
Court
No
Dore
No
Foote
No
Lawrence
No
Lundeen
No
Melton
Yes
Salazar
Yes
Willett
No
Lee
Excused
Kagan
No
YES: 2 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL

























































03:19 PM



Discussion ensued regarding the potential for including certain due process requirements within the scope of SB 16-169. Representative Landgraf provided closing remarks in support of the bill, and various committee members provided their positions on the bill.

BILL: SB16-169
TIME: 03:24:52 PM
MOVED: Court
MOTION: Refer Senate Bill 16-169, as amended, to the Committee of the Whole. The motion passed on a vote of 9-2.
SECONDED: Lawrence
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
No
Salazar
No
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:43 PM -- HB16-1303



The committee recessed.





03:59 PM



The committee returned to order. Representative Landgraf, prime sponsor, presented House Bill 16-1303, concerning prohibiting a regional transportation authority from levying sales tax on vacant land annexed by a nonmember jurisdiction. Representative Landgraf explained the effect of the bill and discussed its need. Representative Landgraf responded to questions regarding a recent annexation by the City of Fountain, and other annexations that may be analogous to the situation that initiated HB 16-1303. Discussion ensued regarding annexations by the City of Fountain.























04:18 PM



Representative Landgraf responded to questions regarding a potential fact pattern involving a reduction in tax collections by a municipal government, and the applicability of the bill to certain types of land parcels. Representative Landgraf responded to further questions regarding the parties to a lawsuit involving properties annexed by Fountain. The following persons testified regarding HB 16-1303:



04:27 PM --
Mr. Peter Forbes, representing the Pikes Peak Regional Transportation Authority, testified in opposition to the bill. Mr. Forbes provided an update on the previously referenced lawsuit, and outlined how regional transportation authority laws apply to the case. Mr. Forbes responded to questions regarding the intrusion issue contained in the Fountain lawsuit, as well as the concept of disconnection in annexations.





04:41 PM



Mr. Forbes responded to questions regarding a number of annexation-related court cases, and certain expressions made about the City of Fountain annexation case. Mr. Forbes responded to further questions regarding the level of taxation levied on those shopping at the property that is the subject of the Fountain case. Discussion ensued regarding infrastructure improvements that may benefit the properties that are party to the Fountain case. Committee members received a packet of background information on the Fountain case (Attachment H), and an additional map of the subject property (Attachment I).



16HouseJud0503AttachH.pdf16HouseJud0503AttachH.pdf Attachment I can be viewed at Legislative Council.





04:57 PM



Discussion ensued regarding infrastructure improvements made to the property shown in Attachment I. Mr. Forbes responded to questions regarding how taxes collected by the Pikes Peak Regional Transportation Authority are allocated.



05:02 PM --
Ms. Sallie Clark, representing El Paso County and Colorado Counties, Inc., testified in opposition to the bill. Committee members received a report on Pike's Peak Regional Transportation Authority projects (Attachment J), and an additional map (Attachment K). Ms. Clark provided background on the Pikes Peak Transportation Authority, and the property subject to the Fountain lawsuit. Discussion ensued regarding the process by which the subject property came to be annexed. Ms. Clark responded to questions regarding planned uses for the subject property.



Attachment J can be viewed at Legislative Council.



Attachment K can be viewed at Legislative Council.























05:15 PM



Ms. Clark responded to questions regarding how HB 16-1303 might affect certain outlying communities in El Paso County, and certain improvements made to the property annexed by Fountain. Ms. Clark responded to further questions regarding the benefits to property owners of being annexed into a municipality.



05:20 PM --
Mr. Scott Trainor, representing the City of Fountain, testified in support of the bill. Mr. Trainor provided background on how the previously discussed property came to be annexed, and addressed issues raised during earlier testimony. Mr. Trainor explained the purpose of HB 16-1303. Mr. Trainor responded to questions regarding the financial ramifications of the annexation, and what entity has made infrastructure improvements to the property.





05:31 PM



The committee recessed.





10:10 PM



The committee returned to order.



10:11 PM --
Mr. Tony Gagliardi, representing the National Federation of Independent Business, testified in support of HB 16-1303. Mr. Gagliardi discussed situations of double taxation. Mr. Gagliardi responded to questions regarding the trickling down to consumers of taxes levied on businesses.





























































10:17 PM



Representative Lawrence explained the effect of amendment l.008 (Attachment L). Discussion ensued regarding the merits of the amendment.



16HouseJud0503AttachL.pdf16HouseJud0503AttachL.pdf

BILL: HB16-1303
TIME: 10:18:33 PM
MOVED: Lawrence
MOTION: Adopt amendment L.008 (Attachment L). The motion failed on a vote of 5-6.
SECONDED: Melton
VOTE
Carver
No
Court
No
Dore
Yes
Foote
No
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
No
Willett
Yes
Lee
No
Kagan
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL

















































10:21 PM



Representative Landgraf provided closing remarks in support of HB 16-1303. Various committee members provided their positions on the bill. Representative Landgraf discussed the process by which the bill matriculated through the legislative process.

BILL: HB16-1303
TIME: 10:21:32 PM
MOVED: Lawrence
MOTION: Refer House Bill 16-1303 to the Committee of the Whole. The motion failed on a vote of 5-6.
SECONDED: Lundeen
VOTE
Carver
No
Court
No
Dore
Yes
Foote
No
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
No
Willett
Yes
Lee
No
Kagan
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
















































BILL: HB16-1303
TIME: 10:32:15 PM
MOVED: Lee
MOTION: Postpone House Bill 16-1303 indefinitely. The motion passed on a vote of 7-4.
SECONDED: Salazar
VOTE
Carver
Yes
Court
Yes
Dore
No
Foote
Yes
Lawrence
No
Lundeen
No
Melton
Yes
Salazar
Yes
Willett
No
Lee
Yes
Kagan
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





10:33 PM



The committee adjourned.


COVID-19 Resources
2021 Ballot Information Booklet (Blue Book)
NORTH ENTRANCE IS CURRENTLY CLOSED.  TO ENTER THE CAPITOL, USE THE SOUTH ENTRANCE, UNDER THE STAIRS, AT 14th AVENUE AND SHERMAN STREET.