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H_JUD_2017A 03/07/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 03/07/2017
ATTENDANCE
Time: 11:47 AM to 08:27 PM
Benavidez
X
Carver
X
Place: HCR 0112
Foote
X
Herod
X
This Meeting was called to order by
Lundeen
X
Representative Lee
McKean
X
Melton
X
This Report was prepared by
Weissman
X
Bo Pogue
Willett
X
Salazar
X
Lee
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1138

HB17-1110

SB17-036

SB17-031

HB17-1172

HB17-1207
Amended, Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole

Witness Testimony and/or Committee Discussion Only

Amended, Referred to the Committee of the Whole

Referred to House Appropriations

Amended, Referred to House Appropriations





11:47 AM -- HB17-1138



The committee was called to order. A quorum was present. Representative Salazar, prime sponsor, presented House Bill 17-1138, concerning the reporting of hate crimes by law enforcement agencies. Representative Salazar explained the effect of the bill and discussed its need. Representative Salazar explained the effect of amendment L.003 (Attachment A). Discussion ensued regarding the merits of compiling hate crime statistics in Colorado, and the federal definition of "hate crime," as provided in the bill. Discussion followed regarding the validity of the data to be collected under the bill, and the overall goal of HB 17-1138. The following person testified regarding HB 17-1138:



17HouseJudiciary0307AttachA.pdf17HouseJudiciary0307AttachA.pdf



11:59 AM --
Ms. Elisa Moran, representing the Anti Defamation League, testified in support of the bill. Ms. Moran discussed hate crime statistics in Colorado and nationwide, and the benefits of tabulating such statistics under the bill.























12:04 PM



The committee recessed.





01:30 PM



The committee returned to order.



01:31 PM --
Ms. Gabby Reed, representing the Department of Public Safety, made herself available to respond to questions on HB 17-1138. Ms. Reed responded to questions regarding certain reporting requirements contained in the bill. Representative Salazar provided input on the effect of amendment L.006 (Attachment B). Ms. Reed responded to questions regarding the current tabulation of hate crimes in Colorado by the Department of Public Safety, and the effect of the bill on this tabulation.



17HouseJudiciary0307AttachB.pdf17HouseJudiciary0307AttachB.pdf



01:37 PM



Representative Salazar explained the effect of amendment L.006.

BILL: HB17-1138
TIME: 01:38:10 PM
MOVED: Salazar
MOTION: Adopt amendment L.006 (Attachment B). The motion passed without objection.
SECONDED: Weissman
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
McKean
Melton
Weissman
Willett
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





















01:38 PM



Representative Salazar provided closing remarks in support of HB 17-1138. Various committee members provided input on the bill.





01:42 PM



The committee recessed.





01:46 PM



The committee returned to order.

BILL: HB17-1138
TIME: 01:39:34 PM
MOVED: Salazar
MOTION: Refer House Bill 17-1138, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Weissman
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
McKean
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

































01:46 PM -- HB17-1110



Representative Beckman, prime sponsor, presented House Bill 17-1110, concerning juvenile court jurisdiction regarding matters related to parental responsibilities in a juvenile delinquency case. The committee heard testimony on and discussed the bill at its February 23 and February 28 meetings. Representative Beckman explained the effect of amendment L.006 (Attachment C). Discussion ensued regarding the "rule of seven".



17HouseJudiciary0307AttachC.pdf17HouseJudiciary0307AttachC.pdf

BILL: HB17-1110
TIME: 01:57:04 PM
MOVED: Willett
MOTION: Adopt amendment L.006 (Attachment C). The motion passed without objection.
SECONDED: Melton
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
McKean
Melton
Weissman
Willett
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





01:58 PM



Representative Beckman provided closing remarks in support of HB 17-1110. Discussion ensued on the merits of the bill.





02:01 PM



The committee recessed.

























02:10 PM



The committee returned to order.

BILL: HB17-1110
TIME: 02:10:45 PM
MOVED: Willett
MOTION: Refer House Bill 17-1110, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Lundeen
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
McKean
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:11 PM -- SB17-036



Representatives Arndt and Becker J., prime sponsors, presented Senate Bill 17-036, concerning the appellate process governing a district court's review of final agency actions concerning groundwater. Both sponsors provided brief opening remarks about the bill. Representative Becker responded to questions regarding the nexus between the bill and local control issues, and the water law process in general. The following persons testified regarding SB 17-036:



02:20 PM --
Mr. Butch Gabrielski, representing the Meridian Service Metropolitan District, testified in opposition to the bill. Committee members received a map of the district area (Attachment D). Mr. Gabrielski explained that his district is opposed to the bill as a matter of fairness, and explained the nature of the opposition. Mr. Gabrielski responded to questions regarding the fairness of the current groundwater decision process, and changes in the circumstances surround a groundwater case that might take place while the case is under litigation.



17HouseJudiciary0307AttachD.pdf17HouseJudiciary0307AttachD.pdf



















02:30 PM



Mr. Gabrielski responded to questions regarding the groundwater appeals process under current law.



02:33 PM --
Mr. Andy Jones, representing the Lost Creek Grandwater District, testified in support of the bill. Committee members received a fact sheet supporting the bill (Attachment E). Mr. Jones provided background on the Groundwater Management Act and the groundwater appeals process. Mr. Jones responded to questions regarding the jurisdiction of the district courts that hear groundwater appeals under current law. He returned to explaining the appeals process before the district court, and rebutted arguments against the bill. Mr. Jones responded to questions regarding the applicability of certain court rules to the current groundwater appeals process, and rules applicable under SB 17-036 as compared to current law.



17HouseJudiciary0307AttachE.pdf17HouseJudiciary0307AttachE.pdf



02:50 PM



Mr. Jones continued to respond to questions regarding the type of evidence that a district court may consider on a groundwater appeal under SB 17-036. Mr. Jones responded to questions regarding potential bias on the Groundwater Commission that may impact its appellate decisions, and outlined some reasons why the bill is coming forward. Discussion ensued regarding the ability of parties to have information that was not presented at the original hearing heard in an appeal for groundwater cases under the bill.





03:07 PM



Discussion continued regarding allowing new evidence in groundwater appeals under SB 17-036. Mr. Jones responded to questions regarding the personnel who hear groundwater appeals under current law, and the potential for eliminating the current groundwater appeals process in favor of a system mirroring other court procedures.



03:23 PM --
Mr. Bill Paddock, representing the Meridian Service Metropolitan District, testified in opposition to the bill. Mr. Paddock rebutted claims made during earlier testimony, and provided background on the historic handling of appeals for groundwater. Mr. Paddock responded to questions regarding the types of appeals cases that led to the introduction of SB 17-036, and trends in groundwater appeals going to district court. Mr. Paddock responded to questions regarding his position on a potential amendment to the bill, and certain litigation practices that have taken place in the groundwater appeals setting.





03:35 PM



Mr. Paddock offered his solutions to addressing certain groundwater litigation practices that led to the introduction of SB 17-036, and responded to questions regarding hearing officers who preside over groundwater appeals. Discussion ensued regarding the rationale behind SB 17-036.



















03:43 PM --
Mr. Scott Tietmeyer, representing the Tietmeyer family, testified in support of the bill. Mr. Tietmeyer related the experience of the family in court on a groundwater appeal.



03:48 PM --
Mr. Wayne Foreman, representing Woodmen Hills Metropolitan District, testified in opposition to the bill. Mr. Foreman spoke in support of local control. Mr. Foreman responded to questions regarding the opposing forces on either side of SB 17-036, and his perception of potential bias in the groundwater appeals process. Mr. Foreman addressed earlier testimony about litigation processes that helped to initiate the legislation, and potential litigation costs associated with the bill. He addressed claims made during earlier testimony. Mr. Foreman responded to questions regarding trends in groundwater decisions, and caseload trends for district courts. Committee members received the testimony of Paul Anderson (Attachment F).



17HouseJudiciary0307AttachF.pdf17HouseJudiciary0307AttachF.pdf



04:00 PM --
Mr. Dan Farmer, representing the Farmer Family Farms, testified in support of SB 17-036. Mr. Farmer explained that his farm is constantly defending its water rights, and discussed the litigation costs his farm accrues. He addressed claims made during earlier testimony. Mr. Farmer responded to questions regarding potential remedies to the current groundwater appeals process.



04:11 PM --
Mr. John Kaufman, representing the Centennial Water and Sanitation District, testified in opposition to the bill. Mr. Kaufman spoke in favor of preserving de novo hearings on appeals. Mr. Kaufman responded to questions regarding his district's involvement in the proceedings affected by the bill, and potential groundwater storage projects.



04:18 PM --
Mr. Robert Longenbaugh, representing himself, testified in support of the bill. He spoke on his experience in groundwater litigation and his involvement with prior groundwater-related legislation. He stressed the importance of groundwater and groundwater data collection. Mr. Longenbaugh responded to questions regarding the potential for new groundwater modeling techniques to create additional information for use in a groundwater appeal.



04:25 PM --
Ms. Pat Ratliff, representing the South Metro Water Supply Authority, testified in opposition to the bill. Ms. Ratliff discussed an agreement among several water districts to store groundwater, and requested an even playing field in terms of groundwater acquisition. Ms. Ratliff responded to questions regarding the litigation of the Wise water project, and water storage needs. Ms. Ratliff responded to questions regarding the potential impact of the project on Western Slope water supply.



04:33 PM --
Mr. Bill Warren, representing the Lost Creek Water Management District, testified in support of the bill. Mr. Warren explained why the procedure for groundwater administration needs to be corrected.



04:35 PM --
Mr. Robert Loose, representing the North Kiowa-Bijou Groundwater Management District, testified in support of SB 17-036. Mr. Loose discussed the system of water rights constructed in Colorado, and asked that certain entities do what is right. He explained the nature of this request.



04:41 PM --
Mr. Tom Sauter, representing the Lost Creek Groundwater Management District, testified in support of the bill. He provided a history of the litigation issues associated with his district.



















04:45 PM --
Mr. Andrew Damiano, representing Legacy Water, testified in opposition to the bill. Committee members received an abstract of a study of groundwater flows among certain areas (Attachment G). Mr. Damiano asked for a more robust discussion of the issues affected by the bill, and discussed a situation affecting certain water basins.



17HouseJudiciary0307AttachG.pdf17HouseJudiciary0307AttachG.pdf



04:48 PM --
Mr. Marc Arnusch, representing himself, testified in support of SB 17-036. He discussed the constant need to defend water rights, and the costs associated with doing so.



04:51 PM --
Ms. Sheela Stack, representing Legacy Water, testified in opposition to the bill. Ms. Stack discussed the costs of groundwater appeals litigation, and explained that local control does not outweigh fairness and due process. She explained the notification process for groundwater litigation, and discussed the impact of excluding new information on appeal under the bill.



04:56 PM --
Ms. Bethleen McCall, representing the Colorado Agricultural Preservation Association, testified in support of the bill.



04:58 PM --
Mr. Kevin Rein, representing the Division of Water Resources within the Department of Natural Resources, testified in support of SB 17-036. Mr. Rein explained the nature of the division's support, and provided clarification regarding claims made during earlier testimony, including the nature of the service of hearing officers for groundwater appeals. Mr. Rein responded to questions regarding the movement of water within the groundwater system, and the potential for groundwater adjudication to spread.





05:12 PM



Mr. Rein responded to questions regarding the mechanism for determining groundwater boundaries, and trends in groundwater appeals decisions. Discussion ensued regarding the serial defense of water rights discussed during earlier testimony.



05:21 PM --
Mr. Kent Holsinger, representing the Colorado Farm Bureau, testified in support of the bill. Mr. Holsinger discussed the nature of designated basins, and explained how the bill will create efficiencies in groundwater adjudication. He addressed statements made during earlier testimony.





05:25 PM



The chair laid over SB 17-036. The committee recessed.































05:36 PM -- SB17-031



Representative Arndt, prime sponsor, presented Senate Bill 17-031, concerning the scheduled repeal of reports by the Department of Corrections to the General Assembly. Representative Arndt discussed an amendment placed on the bill in the Senate. Discussion ensued regarding the amendment. The following person testified regarding the bill:



05:39 PM --
Ms. Christina Rosendahl, representing the Department of Corrections, testified in support of the bill. She discussed the efficiencies created by the bill, and addressed the Senate amendment. Ms. Rosendahl discussed the reporting requirements scheduled to be repealed by the bill. Ms. Rosendahl responded to questions regarding the availability of certain information once the reporting requirements are repealed.





05:51 PM



The committee recessed.





06:00 PM



The committee returned to order. Representative Weissman explained the effect of amendment L.004 (Attachment H).



17HouseJudiciary0307AttachH.pdf17HouseJudiciary0307AttachH.pdf




















































BILL: SB17-031
TIME: 06:01:31 PM
MOVED: Weissman
MOTION: Adopt amendment L.004 (Attachment H). The motion passed without objection.
SECONDED: Melton
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
McKean
Melton
Weissman
Willett
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





06:03 PM



Representative Herod explained the effect of amendment L.006 (Attachment I).



17HouseJudiciary0307AttachI.pdf17HouseJudiciary0307AttachI.pdf












































BILL: SB17-031
TIME: 06:03:46 PM
MOVED: Herod
MOTION: Adopt amendment L.006 (Attachment I). The motion passed without objection.
SECONDED: Salazar
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
McKean
Melton
Weissman
Willett
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection







































































06:04 PM

BILL: SB17-031
TIME: 06:04:16 PM
MOVED: McKean
MOTION: Refer Senate Bill 17-031, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Lundeen
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
McKean
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





06:05 PM -- HB17-1172



The committee recessed.





06:18 PM



The committee returned to order. Representatives Carver and Navarro, prime sponsors, presented House Bill 17-1172, concerning criminal penalties for persons who commit human trafficking of a minor for sexual servitude. Representative Navarro discussed the need for the legislation, and Representative Carver explained the effect of the bill. Representative Carver responded to questions regarding the rate at which those involved in human trafficking receive probation, and the intent of HB 17-1172. The following persons testified regarding HB 17-1172:



06:30 PM -- Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Thompson discussed sentences handed down to child sex traffickers in recent years, and spoke against mandatory minimum sentences. Discussion ensued regarding the statistics cited by Ms. Thompson, and the potential for the Colorado Commission on Criminal and Juvenile Justice to review the issues addressed by HB 17-1172. Discussion followed regarding sentencing for the crimes covered by the bill.



















06:52 PM -- Ms. Jennifer Viehman and Ms. Jennifer Darby, representing the El Paso County District Attorney's Office, testified in support of HB 17-1172. Ms. Viehman discussed mandatory sentencing for sex trafficking in jurisdictions other than Colorado, and the penalties facing those convicted of these crimes in Colorado. Ms. Viehman responded to questions regarding sentences typically meted out for sex trafficking crimes in Colorado, and laws governing these crimes. Ms. Viehman responded to questions regarding sex trafficking activity in the state. Ms. Darby discussed the impact of sex trafficking on its victims, providing an account of a particular case. Discussion ensued regarding the need for the legislation based on this account.



07:18 PM -- Mr. Scott Turner, representing the Attorney General's Office, and Ms. Alexis King, the Jefferson County District Attorney's Office and the Colorado District Attorneys' Council, testified in support of the bill. Ms. King discussed the implications of legislation recently adopted by the General Assembly concerning sex trafficking, and the process by which child sex trafficking charges are brought. Ms. King discussed a particular sex trafficking case.





07:23 PM



Mr. Turner responded to questions regarding oversight of mandatory minimum sentencing legislation by the Colorado Commission on Criminal and Juvenile Justice. Ms. King addressed questions raised during earlier testimony. Mr. Turner discussed the involvement of organized crime in sex trafficking, and explained how the bill would mitigate this. Discussion ensued regarding the potential for those involved in human trafficking to receive probation.



07:32 PM --
Mr. Timothy Lane, representing the Colorado District Attorneys' Council, testified in support of the bill.



07:33 PM --
Mr. Phil Ross, representing himself, testified in support of HB 17-1172. Mr. Ross read a statement about the nature of child sex trafficking crimes, and supported increased penalties for the crime.





07:37 PM



Representatives Carver and Navarro provided closing remarks in support of HB 17-1172. Committee members received testimony in support of the bill from Roger Patrizio of the Human Trafficking Task Force of Southern Colorado (Attachment J). Various committee members provided their positions on the bill.



17HouseJudiciary0307AttachJ.pdf17HouseJudiciary0307AttachJ.pdf


























BILL: HB17-1172
TIME: 07:40:19 PM
MOVED: Carver
MOTION: Refer House Bill 17-1172 to the Committee on Appropriations. The motion passed on a vote of 7-4.
SECONDED: Lundeen
VOTE
Benavidez
No
Carver
Yes
Foote
Yes
Herod
No
Lundeen
Yes
McKean
Yes
Melton
No
Weissman
Yes
Willett
Yes
Salazar
Yes
Lee
No
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





07:55 PM



The committee recessed.





08:00 PM -- HB17-1207



Representative Lee, prime sponsor, presented House Bill 17-1207, concerning the requirement for the Department of Human Services to place a juvenile who is ten years of age in a detention facility unless the juvenile is charged with a serious offense. Representative Lee explained the effect of the bill and discussed its need. Representative Lee responded to questions regarding the potential for those who are diverted from detention under the bill to be eligible for certain services. The following persons testified regarding HB 17-1207:



08:06 PM --
Mr. Robert Werthwein, representing the Department of Human Services, testified in support of the bill. Mr. Werthwein discussed the impact of mingling young, nonviolent offenders with older offenders who have committed more serious offenses. Discussion ensued regarding services that may be offered to those diverted from detention under the bill. Mr. Werthwein noted support for the bill from other stakeholders. Discussion followed regarding the potential for the bill to result in unfunded burdens on the counties.

























08:11 PM --
Ms. Kathryn Smith, representing the Denver Department of Human Services, and Ms. Dorothy Macias, representing the Office of the Child's Representative, testified in support of the bill. Ms. Smith discussed the detrimental effects of placing young, nonviolent offenders in detention, and addressed questions raised earlier about where children will be placed if not in detention. Ms. Macias discussed research on the harm caused by detaining young children, and related a case of a ten-year-old being committed to detention.





08:17 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson spoke in support of evidence-based practices for youthful offenders. Ms. Thompson read the testimony of Carla Bennett, representing the League of Women Voters.





08:21 PM



Representative Lee explained the effect of amendment L.003 (Attachment K).



17HouseJudiciary0307AttachK.pdf17HouseJudiciary0307AttachK.pdf

BILL: HB17-1207
TIME: 08:22:03 PM
MOVED: Lee
MOTION: Adopt amendment L.003 (Attachment K). The motion passed without objection.
SECONDED: Melton
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
McKean
Melton
Weissman
Willett
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





























08:23 PM



Representative Lee provided closing remarks in support of HB 17-1207.

BILL: HB17-1207
TIME: 08:25:08 PM
MOVED: Lee
MOTION: Refer House Bill 17-1207, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED: Herod
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
McKean
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





08:27 PM



The committee adjourned.