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H_JUD_2017A 04/27/2017 01:30 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 04/27/2017
ATTENDANCE
Time: 01:37 PM to 05:17 PM
Benavidez
*
Carver
*
Place: HCR 0112
Foote
*
Herod
X
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:
HB17-1159

HB17-1303

HB17-1315

HB17-1319

HB17-1308

HB17-1266
Postponed Indefinitely

Amended, Referred to House Appropriations

Amended, Referred to House Finance

Witness Testimony and/or Committee Discussion Only

Referred to the Committee of the Whole

Amended, Referred to House Finance





01:38 PM -- HB17-1159



The committee was called to order. A quorum was present. Representative Becker J., prime sponsor, presented House Bill 17-1159, concerning actions related to forcible entry and detainer. He explained why he was asking that the bill be postponed indefinitely.












































BILL: HB17-1159
TIME: 01:39:17 PM
MOVED: Salazar
MOTION: Postpone House Bill 17-1159 indefinitely. The motion passed on a vote of 9-0.
SECONDED: Willett
VOTE
Benavidez
Yes
Carver
Excused
Foote
Excused
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS





































































01:40 PM -- HB17-1303



Representatives Lee and Wist, prime sponsors, presented House Bill 17-1303, concerning the judicial performance evaluation system. The committee heard testimony on the bill at its April 18 meeting. Representative Wist provided opening remarks. Representative Lee explained the effect of amendment L.001 (Attachment A). Representative Wist explained the effect of amendment L.024 (Attachment B). Discussion ensued regarding the position of the Judicial Department on the amendment. Mr. Terry Scanlon, representing the Judicial Department, provided input on this position.



17HouseJud0427AttachA.pdf17HouseJud0427AttachA.pdf 17HouseJud0427AttachB.pdf17HouseJud0427AttachB.pdf

BILL: HB17-1303
TIME: 01:43:11 PM
MOVED: Lee
MOTION: Adopt amendment L.001 (Attachment A), as amended. The motion passed without objection.
SECONDED: Wist
VOTE
Benavidez
Carver
Excused
Foote
Excused
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB17-1303
TIME: 01:45:24 PM
MOVED: Lee
MOTION: Adopt amendment L.024 (Attachment B). The motion passed on a vote of 7-2.
SECONDED: Herod
VOTE
Benavidez
Yes
Carver
Excused
Foote
Excused
Herod
Yes
Lundeen
No
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
No
Salazar
Yes
Lee
Yes
YES: 7 NO: 2 EXC: 2 ABS: 0 FINAL ACTION: PASS







































































01:50 PM



Representative Wist explained the effect of amendment L.010 (Attachment C).



17HouseJud0427AttachC.pdf17HouseJud0427AttachC.pdf

BILL: HB17-1303
TIME: 01:52:08 PM
MOVED: Wist
MOTION: Approve amendment L.010 (Attachment C), as amended. The motion passed on a vote of 8-3.
SECONDED: Weissman
VOTE
Benavidez
No
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
No
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
No
Lee
Yes
YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS








































BILL: HB17-1303
TIME: 01:54:46 PM
MOVED: Wist
MOTION: Adopt amendment L.021 (Attachment D). The motion passed on a vote of 8-3.

17HouseJud0427AttachD.pdf17HouseJud0427AttachD.pdf
SECONDED: Lee
VOTE
Benavidez
No
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
No
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
No
Lee
Yes
YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
























































BILL: HB17-1303
TIME: 01:57:27 PM
MOVED: Salazar
MOTION: Adopt amendment L.003 (Attachment E). The motion failed on a vote of 3-8.

17HouseJud0427AttachE.pdf17HouseJud0427AttachE.pdf
SECONDED: Herod
VOTE
Benavidez
Yes
Carver
No
Foote
No
Herod
Yes
Lundeen
No
Melton
No
Weissman
No
Willett
No
Wist
No
Salazar
Yes
Lee
No
YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL































































02:38 PM

BILL: HB17-1303
TIME: 02:38:34 PM
MOVED: Salazar
MOTION: Adopt amendment L.004 (Attachment F), Severed Section B, page 1, lines 4 through 14. The motion was withdrawn.

17HouseJud0427AttachF.pdf17HouseJud0427AttachF.pdf
SECONDED: Herod
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:























































02:47 PM



Representative Lee explained the effect of amendment L.012 (Attachment G).



17HouseJud0427AttachG.pdf17HouseJud0427AttachG.pdf

BILL: HB17-1303
TIME: 02:47:30 PM
MOVED: Lee
MOTION: Adopt amendment L.012 (Attachment G). The motion passed without objection.
SECONDED: Wist
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



















































02:48 PM



Representative Wist explained the effect of amendment L.013 (Attachment H).



17HouseJud0427AttachH.pdf17HouseJud0427AttachH.pdf

BILL: HB17-1303
TIME: 02:48:22 PM
MOVED: Wist
MOTION: Adopt amendment L.013 (Attachment H). The motion passed without objection.
SECONDED: Lee
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





















































02:50 PM



Representative Lee explained the effect of amendment L.014 (Attachment I).



17HouseJud0427AttachI.pdf17HouseJud0427AttachI.pdf

BILL: HB17-1303
TIME: 02:51:07 PM
MOVED: Lee
MOTION: Adopt amendment L.014 (Attachment I). The motion passed without objection.
SECONDED: Wist
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



















































02:51 PM



Representative Wist explained the effect of amendment L.015 (Attachment J).



17HouseJud0427AttachJ.pdf17HouseJud0427AttachJ.pdf

BILL: HB17-1303
TIME: 02:51:49 PM
MOVED: Wist
MOTION: Adopt amendment L.015 (Attachment J). The motion passed without objection.
SECONDED: Lee
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



















































02:55 PM



Representative Salazar explained the effect of amendment L.025 (Attachment K). Discussion ensued regarding the merits of the amendment, and the potential for conceptually amending the amendment.



17HouseJud0427AttachK.pdf17HouseJud0427AttachK.pdf

BILL: HB17-1303
TIME: 02:55:52 PM
MOVED: Salazar
MOTION: Adopt amendment L.025 (Attachment K). The motion was withdrawn.
SECONDED: Herod
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

















































03:06 PM



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



17HouseJud0427AttachL.pdf17HouseJud0427AttachL.pdf

BILL: HB17-1303
TIME: 03:06:38 PM
MOVED: Salazar
MOTION: Adopt amendment L.002 (Attachment L). The motion was withdrawn.
SECONDED: Herod
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

















































03:07 PM



Various committee members provided their positions on HB 17-1303. Representatives Wist and Lee provided closing remarks in support of the bill.

BILL: HB17-1303
TIME: 03:07:56 PM
MOVED: Lee
MOTION: Refer House Bill 17-1303, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED: Wist
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





03:10 PM -- HB17-1315



Representative Singer, co-prime sponsor, presented House Bill , concerning the acquisition of data to analyze the types of driving under the influence (DUI) offenses being committed by offenders. Representative Singer explained the effect of the bill and discussed its need. The following persons testified regarding HB 17-1315:



03:13 PM --
Mr. Ed Wood, representing DUID Victim Voices, testified in support of the bill. Mr. Wood discussed the problem of DUI, and the lack of reported data on the issue. Mr. Wood responded to questions regarding how it is determined that tetrahydrocannabinol (THC) was a contributing factor to a DUI accident, and the efficacy of the bill in addressing the problem.



03:21 PM --
Mr. Fran Lanzer, representing MADD Colorado, testified in support of the bill.



























03:24 PM --
Mr. Jack Reed and Ms. Janet Girten, representing the Department of Public Safety, testified in support of the bill. Mr. Reed read a statement supporting the bill. Ms. Girten discussed the department's toxicology testing program. Ms. Girten responded to questions regarding how the department works with law enforcement to determine a level of intoxication for a driver. Discussion ensued on this point.



03:35 PM --
Mr. Chris Halsor, representing himself, testified in support of HB 17-1315. Mr. Halsor provided background on his expertise in assessing intoxication, and addressed questions raised during earlier discussion. Mr. Halsor responded to questions regarding the science of impairment based on the use of different drugs, and the reason why the Division of Criminal Justice is authorized to collect data under the bill.



03:43 PM --
Mr. Robert Chase, representing the Colorado Coalition for Patients and Caregivers, testified in opposition to the bill. Mr. Chase expressed concerns about the legislation, and the science behind detecting impairment based on marijuana use.



03:47 PM --
Ms. Annmarie Jensen, representing the Colorado Association of Chiefs of Police, testified on the bill from a neutral position. Ms. Jensen discussed some of the bill's benefits and drawbacks, and the need for more data on the issue. Ms. Jensen responded to questions regarding how the police chiefs could be persuaded to support the bill.



03:52 PM --
Ms. Jessica LeRoux, representing the cannabis medical patient community, testified in opposition to the bill. Ms. LeRoux discussed the science of detecting impairment based on marijuana and other drug use.





































































03:56 PM



Representative Singer explained the effect of amendment L.002 (Attachment M).



17HouseJud0427AttachM.pdf17HouseJud0427AttachM.pdf

BILL: HB17-1315
TIME: 03:56:52 PM
MOVED: Salazar
MOTION: Adopt amendment L.002 (Attachment M). 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



















































04:01 PM



Representatives Singer and Lawrence provided closing remarks in support of HB 17-1315.

BILL: HB17-1315
TIME: 04:02:09 PM
MOVED: Salazar
MOTION: Refer House Bill 17-1315, as amended, to the Committee on Finance. The motion passed on a vote of 11-0.
SECONDED: Melton
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





04:04 PM -- HB17-1319



Representative Sias, prime sponsor, presented House Bill 17-1319, concerning the neutrality of appraisers retained to help the parties to an insurance claim establish the appropriate valuation. Committee members received a bulletin on the issue, prepared by the Department of Regulatory Agencies (Attachment N). Representative Sias explained the effect of the bill and discussed its need. The following persons testified regarding HB 17-1319:



17HouseJud0427AttachN.pdf17HouseJud0427AttachN.pdf































04:10 PM --
Ms. Audra Robitaille, representing Rocky Mountain Association of Property Insurance Adjusters, testified in support of the bill. She read the testimony of Mr. John Voelpel (Attachment O).



17HouseJud0427AttachO.pdf17HouseJud0427AttachO.pdf



04:16 PM --
Ms. Kelly Campbell, representing the Property and Casualty Insurance Association, testified in opposition to the bill. Ms. Campbell explained how the bill would make the appraisal process less certain. Ms. Campbell responded to questions regarding what rules of procedure pertain to appraisers and umpires.



04:20 PM --
Mr. Evan Stephenson, representing the Colorado Civil Justice League, testified in opposition to the bill. Mr. Stephenson discussed caselaw that has established rules for appraisers.



04:22 PM --
Mr. Jeff Reubel, representing the Colorado Defense Lawyers Association, testified in opposition to the bill. Mr. Reubel discussed caselaw pertaining to appraisers invoking fairness and impartiality.



04:25 PM --
Mr. Lee Ormiston, representing the Colorado Coalition of Appraisers, testified in opposition to the bill. Mr. Ormiston read some existing statute that he feels would adequately substitute for the bill.



04:30 PM --
Mr. Mark Richardson, representing himself, testified in support of HB 17-1319. Mr. Richardson discussed the importance of property insurance, and the process by which appraiser qualifications are disputed.



04:34 PM --
Reverend Brad Strait, representing himself, testified in support of the bill. Rev. Strait discussed the process of filing a claim for his church based on damage from a hail storm, and delays associated with appraisals. He responded to questions regarding the potential benefits of the bill for his situation.



04:37 PM --
Mr. Ron Harsch, representing the Rocky Mountain Association of Property Insurance Adjusters, testified in support of the bill. Mr. Harsch discussed the lack of impartiality and clarity surrounding appraisers.



04:40 PM --
Mr. Mike Feeley testified in regarding the bill. Mr. Feeley discussed the need for further work on the bill, and addressed earlier references to caselaw.





04:45 PM



Committee members received copies of printed caselaw pertaining to the subject of the bill (Attachments P and Q). The chair laid over HB 17-1319.



17HouseJud0427AttachP.pdf17HouseJud0427AttachP.pdf 17HouseJud0427AttachQ.pdf17HouseJud0427AttachQ.pdf





















04:45 PM -- HB17-1308



Representatives Salazar and Sias, prime sponsors, presented House Bill 17-1308, concerning allowing individualized conditions of parole. Ms. Christina Rosendahl, representing the Department of Corrections, and Mr. Mark Evans, representing the Office of the State Public Defender, testified in support of the bill. Ms. Rosendahl provided background on the creation of the legislation, and explained how the bill addresses the "one size fits all" approach to parole. Ms. Rosendahl responded to questions regarding who would set the conditions of parole under the bill. Mr. Evans added that the General Assembly amended statute in 2016 to state the purposes of parole.

BILL: HB17-1308
TIME: 04:51:32 PM
MOVED: Salazar
MOTION: Refer House Bill 17-1308 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
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





04:52 PM -- HB17-1266



Representative Melton, prime sponsor, presented House Bill 17-1266, concerning allowing people who were convicted of misdemeanors for marijuana-related behaviors that are no longer illegal to petition for the sealing of criminal records relating to such convictions. Discussion ensued regarding forthcoming amendment L.003 (Attachment R). The following persons testified regarding HB 17-1266:



17HouseJud0427AttachR.pdf17HouseJud0427AttachR.pdf























05:00 PM --
Mr. Shawn Coleman, representing the Drug Policy Alliance, testified in support of the bill.





05:02 PM



Representative Melton explained the effect of amendment L.003 (Attachment R).

BILL: HB17-1266
TIME: 05:02:59 PM
MOVED: Melton
MOTION: Adopt amendment L.003 (Attachment R). The motion passed on a vote of 7-4.
SECONDED: Weissman
VOTE
Benavidez
Yes
Carver
No
Foote
Yes
Herod
No
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
No
Salazar
No
Lee
Yes
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





05:03 PM



Representative Willett explained the effect of amendment L.008 (Attachment S).



17HouseJud0427AttachS.pdf17HouseJud0427AttachS.pdf






























BILL: HB17-1266
TIME: 05:06:34 PM
MOVED: Willett
MOTION: Adopt amendment L.008 (Attachment S). The motion failed on a vote of 4-7.
SECONDED: Lundeen
VOTE
Benavidez
No
Carver
Yes
Foote
No
Herod
No
Lundeen
Yes
Melton
No
Weissman
No
Willett
Yes
Wist
Yes
Salazar
No
Lee
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL





05:07 PM



Representative Willett explained the effect of amendment L.005 (Attachment T).



17HouseJud0427AttachT.pdf17HouseJud0427AttachT.pdf
















































BILL: HB17-1266
TIME: 05:08:10 PM
MOVED: Willett
MOTION: Adopt amendment L.005 (Attachment T). The motion failed on a vote of 4-7.
SECONDED: Lundeen
VOTE
Benavidez
No
Carver
Yes
Foote
No
Herod
No
Lundeen
Yes
Melton
No
Weissman
No
Willett
Yes
Wist
Yes
Salazar
No
Lee
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL





































































05:12 PM

BILL: HB17-1266
TIME: 05:12:52 PM
MOVED: Melton
MOTION: Refer House Bill 17-1266, as amended, to the Committee on Finance. The motion passed on a vote of 9-2.
SECONDED: Salazar
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
No
Melton
Yes
Weissman
Yes
Willett
No
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





05:17 PM



The committee adjourned.


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