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H_JUD_2017A 01/26/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 01/26/2017
ATTENDANCE
Time: 01:30 PM to 03:57 PM
Benavidez
X
Carver
X
Place: HCR 0112
Foote
*
Herod
*
This Meeting was called to order by
Lundeen
X
Representative Lee
Melton
X
Weissman
X
This Report was prepared by
Willett
X
Bo Pogue
Wist
X
Salazar
X
Lee
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1032

HB17-1073

HB17-1048

HB17-1059

HB17-1056
Referred to the Committee of the Whole

Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole

Reconsidered

Amended, Referred to the Committee of the Whole





01:30 PM -- HB17-1059



The committee was called to order. A quorum was present. Representatives Thurlow and Arndt, prime sponsor and co-sponsor, presented House Bill 17-1059, concerning the scheduled repeal of reports by the Department of Public Safety to the General Assembly. Committee members received a fact sheet on the bill (Attachment A). Representative Thurlow explained the effect of the bill and discussed its need. Representative Arndt provided input on the role of the Statutory Revision Committee. Representative Arndt responded to questions regarding the role and activities of the committee.



17HouseJudiciary0126AttachA.pdf17HouseJudiciary0126AttachA.pdf



































01:45 PM



Discussion ensued regarding the vetting of the bill by various committees and staffing agencies. The following person testified regarding HB 17-1059:



01:46 PM --
Ms. Gabby Reed, representing the Department of Public Safety, testified on the bill, providing technical testimony. Ms. Reed discussed the process by which certain departmental reporting requirements were vetted for possible repeal under HB 17-1059. Ms. Reed responded to questions regarding the repeal of a reporting requirement on value-based crimes. Discussion ensued regarding another reporting requirement being repealed by the bill.





01:54 PM



Representative Thurlow provided input on a previous question, and responded to a question regarding the role of SMART Government Act departmental hearing in educating committees of reference, thus supplanting the need for certain reports. Discussion ensued regarding the merits of amendment L.001 (Attachment B). Discussion returned to the purpose of the Statutory Revision Committee, and the ratio of recommendations made by the commission.



17HouseJudiciary0126AttachB.pdf17HouseJudiciary0126AttachB.pdf

BILL: HB17-1059
TIME: 01:56:32 PM
MOVED: Salazar
MOTION: Adopt amendment L.001 (Attachment B). The motion passed on a vote of 6-4.
SECONDED: Weissman
VOTE
Benavidez
Yes
Carver
No
Foote
Yes
Herod
Yes
Lundeen
No
Melton
Excused
Weissman
Yes
Willett
No
Wist
No
Salazar
Yes
Lee
Yes
YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS



















02:04 PM

BILL: HB17-1059
TIME: 02:04:57 PM
MOVED: Salazar
MOTION: Adopt amendment L.002 (Attachment C). The motion passed without objection.

17HouseJudiciary0126AttachC.pdf17HouseJudiciary0126AttachC.pdf
SECONDED: Foote
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





02:05 PM



The committee recessed.





02:10 PM



Representative Thurlow provided closing remarks in support of HB 17-1059, and responded to questions regarding the effect of the bill. Discussion returned to the purpose of the Statutory Revision Committee. Ms. Kristen Forrestal, Office of Legislative Legal Services, provided clarification about the bill. Discussion ensued on this point.































02:23 PM



Discussion continued regarding the process by which reporting requirements are vetted by the Statutory Revision Committee. Representative Thurlow provided additional closing comments in support of the bill.

BILL: HB17-1059
TIME: 02:08:07 PM
MOVED: Salazar
MOTION: Refer House Bill 17-1059, as amended, to the Committee of the Whole. The motion failed on a vote of 2-9.
SECONDED: Foote
VOTE
Benavidez
Yes
Carver
No
Foote
No
Herod
No
Lundeen
No
Melton
No
Weissman
No
Willett
No
Wist
No
Salazar
No
Lee
Yes
YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL

























































02:27 PM

BILL: HB17-1059
TIME: 02:27:39 PM
MOVED: Salazar
MOTION: Postpone House Bill 17-1059 indefinitely. The motion passed on a vote of 7-4.
SECONDED: Willett
VOTE
Benavidez
No
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
No
Weissman
Yes
Willett
No
Wist
Yes
Salazar
Yes
Lee
No
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:29 PM -- HB17-1032



Representative Arndt, prime sponsor, presented House Bill 17-1032, concerning the evidentiary privilege for communications made during the provision of certain peer support services. Representative Arndt explained the effect of the bill and discussed its need. The following persons testified regarding the bill:



02:32 PM --
Mr. Jack Digliani, representing himself, testified in support of the bill. Mr. Digliani responded to a question regarding the type of testimony addressed by the bill. Mr. Digliani discussed the merits of the bill. Mr. Digliani responded to questions regarding the actors to whom the bill applies.



02:39 PM --
Mr. Tom DeMint, Chief of the Poudre Fire Authority representing Colorado State Fire Chiefs, testified in support of HB 17-1032. Chief DeMint explained that firefighters work in teams, and discussed the merits of group peer support. Chief DeMint responded to questions regarding the fatality rate of firefighters, and the peer support training received by firefighters.



02:42 PM --
Mr. Justin Smith, Larimer County Sheriff, testified in support of the bill. Sheriff Smith discussed the importance of mental health treatment for first responders, and the benefit of providing support services to groups. Sheriff Smith rebutted the notion that issues could be hidden as a result of a testimony exemption for group support.



















02:48 PM --
Mr. Sean Harper, representing the City of Longmont and the Fraternal Order of Police, testified in support of HB 17-1032. Mr. Harper explained the benefits of receiving support services in the group environment.





02:50 PM



No amendments were offered to HB 17-1032. Representative Arndt provided closing remarks in support of the bill.





02:50 PM

BILL: HB17-1032
TIME: 02:51:05 PM
MOVED: Salazar
MOTION: Refer House Bill 17-1032 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Willett
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:51 PM -- HB17-1073



Representative Foote, prime sponsor, presented House Bill 17-1073, concerning the enactment of Colorado Revised Statutes 2016 as the positive and statutory law of the state of Colorado. Committee members received copies of the Revisor's Changes for 2016, prepared by Legislative Legal Services (Attachment D). No one testified on the bill, and no amendments were offered.



17HouseJudiciary0126AttachD.pdf17HouseJudiciary0126AttachD.pdf










BILL: HB17-1073
TIME: 02:54:00 PM
MOVED: Foote
MOTION: Refer House Bill 17-1073 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Salazar
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:55 PM -- HB17-1048



Representative Foote, prime sponsor, presented House Bill 17-1048, concerning the prosecution of insurance fraud. Representative Foote explained the effect of the bill and discussed its need. Representative Foote also explained the effect of several forthcoming amendments. The following persons testified regarding HB 17-1048:



03:00 PM --
Mr. Sean Clifford, representing the Office of Attorney General, testified in support of the bill. Mr. Clifford provided background on tools provided to his organization through legislation to combat insurance fraud, and explained why some modifications to the law governing the issue would be beneficial. Mr. Clifford responded to questions regarding the necessity for certain language in the bill pertaining to insurance fraud based on a request for issuance of an insurance policy.



03:08 PM --
Mr. Alan Haskins, representing the National Insurance Crime Bureau, testified in support of the bill. Mr. Haskins explained the functioning of certain provisions in the bill, and discussed the merits of the legislation. He discussed the work of his organization. Mr. Haskins responded to questions regarding potential liability that might accrue to his colleagues in insurance fraud situations.





03:14 PM



The committee recessed.



















03:23 PM



The committee returned to order. Representative Foote explained the effect of amendment L.001 (Attachment E).



17HouseJudiciary0126AttachE.pdf17HouseJudiciary0126AttachE.pdf

BILL: HB17-1048
TIME: 03:13:56 PM
MOVED: Foote
MOTION: Adopt amendment L.001 (Attachment E). The motion passed without objection.
SECONDED: Benavidez
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

















































03:24 PM



Representative Foote explained the effect of amendment L.002 (Attachment F). Discussion ensued regarding the thought process behind including racketeering language in the original bill.



17HouseJudiciary0126AttachF.pdf17HouseJudiciary0126AttachF.pdf

BILL: HB17-1048
TIME: 03:24:35 PM
MOVED: Foote
MOTION: Adopt amendment L.002 (Attachment F). The motion passed without objection.
SECONDED: Salazar
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection















































03:26 PM



Representative Foote explained the effect of amendment L.004 (Attachment G). Representative Benavidez provided input on the effect of the amendment.



17HouseJudiciary0126AttachG.pdf17HouseJudiciary0126AttachG.pdf

BILL: HB17-1048
TIME: 03:27:23 PM
MOVED: Foote
MOTION: Adopt amendment L.004 (Attachment G). The motion passed without objection.
SECONDED: Benavidez
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



















































03:27 PM



Representative Weissman explained the effect of amendment L.006 (Attachment H).



17HouseJudiciary0126AttachH.pdf17HouseJudiciary0126AttachH.pdf

BILL: HB17-1048
TIME: 03:28:11 PM
MOVED: Foote
MOTION: Adopt amendment L.006 (Attachment H). The motion passed without objection.
SECONDED: Salazar
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



















































03:29 PM

BILL: HB17-1048
TIME: 03:31:24 PM
MOVED:
MOTION: Refer House Bill 17-1048, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





























































03:33 PM -- HB17-1059

BILL: HB17-1059
TIME: 03:33:56 PM
MOVED: Salazar
MOTION: Motion to reconsider the motion to postpone indefinitely House Bill 17-1059. The motion passed on a vote of 11-0.
SECONDED: Weissman
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:40 PM -- HB17-1056



Representative Foote, prime sponsor, presented House Bill 17-1056, concerning the prosecution of insurance fraud. Committee members received a fact sheet in support of the bill (Attachment I). The following persons testified regarding HB 7-1056:



17HouseJudiciary0126AttachI.pdf17HouseJudiciary0126AttachI.pdf



03:42 PM --
Mr. Frank McCurdy, representing the United Veterans Committee, Mr. Paul Talafuse, representing the American Legion, and Mr. David Ortiz testified in support of the bill. Discussion ensued regarding a concern about the bill expressed by Representative Benavidez.





03:52 PM



Representative Weissman explained the effect of amendment L.001 (Attachment J).



17HouseJudiciary0126AttachJ.pdf17HouseJudiciary0126AttachJ.pdf








BILL: HB17-1056
TIME: 03:53:18 PM
MOVED: Weissman
MOTION: Adopt amendment L.001 (Attachment J). The motion passed without objection.
SECONDED: Melton
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





































































03:54 PM



Representative Weissman explained the effect of amendment L.002 (Attachment K).



17HouseJudiciary0126AttachK.pdf17HouseJudiciary0126AttachK.pdf

BILL: HB17-1056
TIME: 03:55:07 PM
MOVED: Weissman
MOTION: Adopt amendment L.002 (Attachment K). The motion passed without objection.
SECONDED: Melton
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



















































03:55 PM

BILL: HB17-1056
TIME: 03:55:40 PM
MOVED: Weissman
MOTION: Refer House Bill 17-1056, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0.
SECONDED: Benavidez
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Excused
Lee
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





03:57 PM



The committee adjourned.


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