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H_JUD_2021A 05/04/2021 01:35:03 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 05/04/2021
Attendance
Bacon X
Benavidez X
Bockenfeld X
Carver X
Daugherty X
Luck X
Lynch *
Roberts X
Woodrow X
Tipper X
Weissman X
Time 01:35:03 PM to 03:13:59 PM
Place Old State Library
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB21-1120 Postponed Indefinitely
SB21-030 Amended, referred to the Committee of the Whole
SB21-064 Amended, referred to House Appropriations
SB21-162 Referred to the Committee of the Whole
SB21-171 Referred to the Committee of the Whole

HB21-1120 - Postponed Indefinitely


01:36:08 PM  

The committee was called to order. A quorum was present. Representatives Caraveo and Weissman, prime sponsors, presented House Bill 21-1120, concerning the licensure of persons in the business of privating private guard services. Representative Caraveo explained the effect of the bill and discussed its need. Representative Weissman provided further input on the bill. The sponsors requested that the bill be postponed indefinitely.

01:44:29 PM  
Representative Weissman responded to questions regarding how regulating security guards affects bars, nightclubs, and other entertainment venues.


01:46:58 PM
Motion Postpone House Bill 21-1120 indefinitely.
Moved Weissman
Seconded Woodrow
Bacon Yes
Benavidez Yes
Bockenfeld Yes
Carver Yes
Daugherty Yes
Luck Yes
Lynch Yes
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB21-030 - Amended, referred to the Committee of the Whole

01:47:12 PM  

Representative Titone, co-prime sponsor, presented Senate Bill 21-030, concerning criminal theft of rental property. The committee heard testimony on the bill at its April 20, 2021 meeting. Representative Weissman explained amendment L.003 (Attachment A). Discussion ensued regarding the impact of the amendment on the amount of restitution available to victims, and the need for SB 21-030 when considering general restitution laws already in place.



01:57:52 PM
Motion Adopt amendment L.003
Moved Weissman
Seconded Lynch
Bacon Yes
Benavidez No
Bockenfeld Yes
Carver Yes
Daugherty Yes
Luck Yes
Lynch Yes
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
YES: 10   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS


01:58:53 PM
Motion Refer Senate Bill 21-030, as amended, to the Committee of the Whole.
Moved Roberts
Seconded Tipper
Bacon Yes
Benavidez No
Bockenfeld No
Carver Yes
Daugherty Yes
Luck Yes
Lynch Yes
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 9   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB21-064 - Amended, referred to House Appropriations


01:59:07 PM  

Representative Mullica, prime sponsor, presented Senate Bill 21-064, concerning criminalizing retaliation against an elected official. The committee heard testimony on the bill at its April 27, 2021 meeting. Representative Mullica reacquainted the committee with the effect of the bill. Representative Tipper explained the effect of amendment L.002 (Attachment B). Discussion ensued regarding the scope of the amendment, and what constitutes a "credible threat" under the amendment.



02:10:39 PM
Motion Adopt amendment L.002
Moved Tipper
Seconded Woodrow
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:10:42 PM  
Representative Mullica provided closing remarks in support of SB 21-064. Various committee members provided their positions on the bill.


02:24:24 PM
Motion Refer Senate Bill 21-064, as amended, to the Committee on Appropriations.
Moved Tipper
Seconded Woodrow
Bacon Yes
Benavidez No
Bockenfeld No
Carver No
Daugherty Yes
Luck No
Lynch Yes
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB21-162 - Referred to the Committee of the Whole


02:24:37 PM  

Representatives Snyder and Soper, prime sponsors, presented Senate Bill 21-162, concerning spendthrift provisions in trusts pursuant to the "Colorado Uniform Trust Code."  Representative Snyder explained the effect of the bill and discussed its need. Representative Soper provided additional input on the effect of the legislation. Discussion ensued regarding the distribution of payments made under the bill.

02:35:13 PM  
Steve Brainerd, representing the Colorado Bar Association, testified in support of SB 21-162. Mr. Brainerd responded to questions regarding certain exceptions contained in the bill, and the bill's impact on child support orders. Mr. Brainerd responded to further questions on the stakeholder process surrounding the bill.
02:53:04 PM  
No amendments were offered to SB 21-162. Representatives Snyder and Soper provided closing remarks in support of the bill.


02:56:19 PM
Motion Refer Senate Bill 21-162 to the Committee of the Whole.
Moved Tipper
Seconded Woodrow
Bacon Yes
Benavidez Yes
Bockenfeld Yes
Carver Yes
Daugherty Yes
Luck Yes
Lynch Yes
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB21-171 - Referred to the Committee of the Whole


02:56:56 PM  

Representatives Snyder and Soper, prime sponsors, presented Senate Bill 21-171, concerning the "Uniform Fiduciary Income and Principal Act". Representative Snyder explained the effect of the bill and discussed its need. Representative Soper provided further input on the effect of the bill.

03:00:57 PM  
Georgine Kryda, representing the Colorado Bar Association, testified in support of SB 21-171.

Stan Kent, representing the Colorado Bar Association, testified in support of the bill.

Mr. Kent responded to questions regarding what constitutes an insubstantial distribution by a fiduciary under the bill.

03:10:33 PM  
No amendments were offered to Senate Bill 21-171. Representatives Snyder and Soper provided closing remarks in support of the bill.


03:13:35 PM
Motion Refer Senate Bill 21-171 to the Committee of the Whole.
Moved Tipper
Seconded Roberts
Bacon Yes
Benavidez Yes
Bockenfeld Yes
Carver Yes
Daugherty Yes
Luck Yes
Lynch Yes
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


03:13:59 PM   The committee adjourned.