S_JUD_2016A 04/26/2016 Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
| Date: | 04/26/2016 |
ATTENDANCE
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| Time: | 12:02 PM to 02:59 PM |
Aguilar
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X
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Cooke
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X
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| Place: | LSB B |
Merrifield
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X
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Lundberg
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X
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| This Meeting was called to order by |
Roberts
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X
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| Senator Roberts | |||
| This Report was prepared by | |||
| Conrad Imel | |||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| HB16-1337 HB16-1359 SB16-146 HB16-1337 HB16-1021 |
Postponed Indefinitely Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to the Committee of the Whole |
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12:02 PM
Senator Roberts, chair, called the committee to order. A quorum was present. Senator Roberts announced that Senate Bill 16-146 would be laid over until later in the meeting.
12:04 PM -- HB16-1337
Senator Scott presented House Bill 16-1337, concerning the appellate process for governing a district court's review of final agency actions concerning groundwater.
12:05 PM -- Mr. Tim Buchanan, representing himself, testified in opposition to the bill. He distributed and explained an information packet to the committee (Attachment A). He described the effects of the bill. He responded to questions concerning how costs may be affected by the bill and existing procedures.
16SenateJud0426AttachA.pdf
Senator Scott distributed a packet of information (Attachment B).
16SenateJud0426AttachB.pdf
12:16 PM -- Mr. John Kaufman, representing Centennial Water and Sanitation District, testified in opposition to the bill. He discussed the benefits of existing law.
A person distributed the written testimony of Frank Jaeger (Attachment C).
16SenateJud0426AttachC.pdf
12:19 PM -- Mr. Wayne Forman, representing Woodman Hills, testified in opposition to the bill. He discussed a specific incident concerning appellate rights. He responded to a question concerning the value of water, and the composition of the Ground Water Commission (commission).
12:28 PM -- Mr. Sean Chambers, representing the Cherokee Metropolitan District, testified in opposition to the bill. He discussed concerns regarding process.
12:32 PM -- Mr. Drew Damiano, representing 70 Ranch, testified in opposition to the bill. Mr. Damiano discussed water priority rights, and notification. He responded to a question concerning specific factual events.
12:37 PM -- Mr. Alan Curtis, representing the Lost Creek Land and Cattle Company, testified in support of the bill. He discussed changes in process under the bill.
12:41 PM -- Mr. Tom Sauter, representing the Lost Creek Ground Water Management District, testified in support of the bill.
12:42 PM -- Mr. Marc Arnusch, representing himself, testified in support of the bill. Mr. Arnusch explained costs associated with litigation, and how the bill addressed his concerns regarding costs.
12:46 PM -- Mr. Brad Peterson, representing Lost Creek Land and Cattle, testified in support of the bill. He explained that the bill provides a fair process without parties incurring high costs. He responded to questions concerning commission decisions and appeals, and the costs associated with resolving disputes.
12:54 PM -- Ms. Carolyn Burr, representing the commission, testified in support of the bill. Ms. Burr described procedures used for disputes that come before the commission. She also discussed the bill's provisions.
12:57 PM -- Mr. Scott Tietmeyer, representing himself, testified in support of the bill. He described the process concerning water disputes, including the costs associated with resolving a dispute.
01:00 PM -- Mr. John Sauter, representing the Colorado Association of Wheat Growers, testified in support of the bill. Mr. Sauter stated that he believed the bill concerns economic issues. He also discussed legal techniques.
01:01 PM -- Mr. Terry Fankhauser, representing the Colorado Cattlemen's Association, testified in support of the bill. He stated the benefits of the bill.
01:04 PM -- Ms. Lisa Thompson, representing the Upper Black Squirrel Creek Ground Water Management District, testified in support of the bill. Ms. Thompson discussed water rights as agricultural rights, and provided background on local water management districts. She discussed a specific incident concerning a dispute over water.
01:09 PM -- Mr. Donald Booker, representing the Upper Black Squirrel Creek Ground Water Management District, testified in support of the bill. He discussed the Upper Black Squirrel Creek Ground Water Management District.
01:11 PM -- Mr. Dave Doran, representing himself, testified in support of the bill. He discussed the process of resolving water disputes, including litigation. He responded to a question concerning purchasing water rights.
01:18 PM -- Mr. Dan Farmer, representing himself, testified in support of the bill. He detailed a water dispute and its costs. Mr. Farmer responded to a question about his dispute.
01:24 PM -- Mr. Robert Longenbaugh, representing himself, testified in support of the bill. He discussed prior legislation concerning groundwater, and described the work of hearing officers.
01:28 PM -- Mr. Steve Kramer, representing the Republican River Water Conservation District, testified in support of the bill.
01:30 PM -- Mr. David Taussig, representing the Upper Big Sandy Ground Water Management District, testified in support of the bill. He responded to a question regarding appellate procedure.
01:36 PM -- Mr. Greg Larson, representing the Republican River Water Conservation District, testified in support of the bill. He discussed his work as a water commissioner.
01:38 PM -- Mr. Don Shawcroft, representing the Colorado Farm Bureau, testified in support of the bill.
01:40 PM -- Mr. Fred Midcap, representing the North Kiowa Bijou Water District, testified in support of the bill. He responded to a question about water dispute hearings.
01:46 PM -- Mr. Earnest Mikita, representing himself, testified in support of the bill. He discussed an incident concerning water rights.
01:51 PM -- Ms. Diana Orf, representing the Associated Governments of Northwest Colorado, testified in support of the bill. She responded to a question concerning appellate procedures.
01:55 PM -- Mr. Dennis Coryell, representing the Plains Ground Water Management District, testified in support of the bill by discussing his service on the commission.
01:59 PM -- Mr. Andy McClary, representing the North Kiowa Bijou Ground Water District, testified in support of the bill. He discussed water issues.
02:01 PM -- Mr. Robert Loose, representing himself, testified in support of the bill.
02:02 PM -- Mr. John Finegan, representing Equus Farms, testified in support of the bill. Mr. Finegan discussed disputes filed with the commission, and the effect of the bill.
02:05 PM -- Mr. Mike Browning, representing Equus Farms, testified in support of the bill. He discussed cases to which the bill would apply. He responded to a question concerning the issues addressed by the bill.
02:10 PM
Senator Scott provided closing remarks on the bill. The committee and Senator Scott discussed the bill.
02:14 PM
Committee members discussed their positions on the bill. There was no motion on HB 16-1337, and Senator Roberts announced the committee was concluding its work on the bill.
02:21 PM -- HB16-1359
Senator Guzman, sponsor, presented House Bill 16-1337, concerning the use of medical marijuana while on probation. She explained the bill, and her reasons for supporting it.
02:24 PM -- Ms. Heather Garwood, representing the Division of Probation Services, testified in support of the bill. She explained existing law and procedures, and the effect of the bill.
02:27 PM
Senator Cooke commented on the bill.
| BILL: | HB16-1359 | |
| TIME: | 02:27:58 PM | |
| MOVED: | Aguilar | |
| MOTION: | Refer House Bill 16-1359 to the Committee of the Whole. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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No
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Merrifield
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Yes
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Lundberg
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Yes
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Roberts
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Yes
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Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:28 PM -- SB16-146
Senator Steadman, sponsor, presented Senate Bill 16-146, concerning modernizing statutes related to sexually transmitted infection. The committee heard testimony on the bill at its meeting on March 16, 2016. Senator Steadman distributed and explained amendments L.011 (Attachment D) and L.013 (Attachment E).
16SenateJud0426AttachD.pdf 16SenateJud0426AttachE.pdf
Senator Lundberg discussed the bill, and distributed and explained amendment L.009 (Attachment F). Senator Steadman and the committee discussed the amendment.
16SenateJud0426AttachF.pdf
| BILL: | SB16-146 | |
| TIME: | 02:40:07 PM | |
| MOVED: | Lundberg | |
| MOTION: | Adopt amendment L.009 (Attachment F). The motion passed on a vote of 3-2. | |
| SECONDED: | ||
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VOTE
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Aguilar
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No
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Cooke
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Yes
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Merrifield
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No
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Lundberg
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Yes
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Roberts
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Yes
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YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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| BILL: | SB16-146 | |
| TIME: | 02:40:29 PM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt amendment L.011 (Attachment D). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-146 | |
| TIME: | 02:40:43 PM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt amendment L.013 (Attachment E). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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Senator Lundberg commented on the bill. Senator Steadman commented.
| BILL: | SB16-146 | |
| TIME: | 02:41:13 PM | |
| MOVED: | Aguilar | |
| MOTION: | Refer Senate Bill 16-146, as amended, to the Committee of the Whole. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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Yes
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Merrifield
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Yes
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Lundberg
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No
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Roberts
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Yes
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Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:43 PM -- HB16-1337
The committee returned to House Bill 16-1337, on which it heard testimony earlier in the meeting.
| BILL: | HB16-1337 | |
| TIME: | 02:44:04 PM | |
| MOVED: | Lundberg | |
| MOTION: | Postpone House Bill 16-1337 indefinitely. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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Yes
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Merrifield
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Yes
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Lundberg
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Yes
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Roberts
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Yes
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Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:44 PM -- HB16-1021
Senator Roberts, co-prime sponsor, presented House Bill 16-1021, concerning providing the opportunity to collect identifying information from applicants for state-issued cards. Senator Roberts explained the development of the bill by the Profiling - Initiated Contacts by Law Enforcement (PICLE) interim committee. The final report of the PICLE Committee may be viewed at https://www.colorado.gov/pacific/sites/default/files/15PICLE%20Final%20Report.pdf.
02:47 PM -- Ms. Jana Locke, representing the Department of Public Safety, testified in opposition to the bill.
02:48 PM -- Mr. Dave Hall, representing the Colorado State Patrol, testified in opposition to the bill. Senator Roberts and Mr. Hall discussed data collection by law enforcement. Senator Lundberg discussed the bill.
02:55 PM
Senator Cooke distributed and explained amendment L.003 (Attachment G). Senator Ulibarri, co-prime sponsor, commented on the bill.
16SenateJud0426AttachG.pdf
| BILL: | HB16-1021 | |
| TIME: | 02:58:13 PM | |
| MOVED: | Cooke | |
| MOTION: | Adopt amendment L.003 (Attachment G). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB16-1021 | |
| TIME: | 02:58:52 PM | |
| MOVED: | Roberts | |
| MOTION: | Refer House Bill 16-1021, as amended, to the Committee of the Whole. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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Yes
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Merrifield
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Yes
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Lundberg
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No
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Roberts
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Yes
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Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:59 PM
The committee adjourned.