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s_jud_2016a_2016-04-11t13:31:13z3 Hearing Summary

Date: 04/11/2016



Final

BILL SUMMARY for HB16-1308



SENATE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment C). The motion p

Adopt amendment L.003 (Attachment D). The motion p

Postpone House Bill 16-1308 indefinitely using a r

Refer House Bill 16-1308, as amended, to the Commi
Pass Without Objection

Pass Without Objection

Pass Without Objection

FAIL







03:10 PM -- HB16-1308



Senator Newell, sponsor, presented House Bill 16-1308, concerning the offense of intentional misrepresentation of a service animal. Senator Newell discussed the reasons for bringing the bill, and explained the bill's provisions. She distributed and explained amendment L.002 (Attachment C) and L.003 (Attachment D).



16SenateJud0411AttachC.pdf16SenateJud0411AttachC.pdf 16SenateJud0411AttachD.pdf16SenateJud0411AttachD.pdf





03:20 PM --
Ms. Sonja McKenzie, representing the Cherry Creek School District, testified in support of the bill. She discussed issues with animals that arise in a school setting.



03:23 PM --
Ms. Joan LaBelle, representing herself, testified in opposition to the bill. She discussed her experience with service animals.



03:26 PM --
Ms. DebiSue Polsley, representing herself, testified in opposition to the bill. She stated her concerns with the bill and her experience with a service animal.



03:30 PM --
Ms. Lauren Fortmiller, representing herself, testified in opposition to the bill. She explained concerns with the punitive measures of the law and its potential deterrent effects. She also discussed ADA standards concerning service animals, and issues surrounding enforcement concerns. Senator Lundberg and Ms. Fortmiller discussed the bill.



03:37 PM --
Ms. Alison Daniels, representing Disability Law Colorado, testified in opposition to the bill. She distributed written information to the committee. Ms. Daniels discussed her concerns with the bill, and stated that existing laws should be enforced. She also discussed concerns regarding notifying people about the law.



03:41 PM --
Ms. Christina Johnson, representing herself, testified in opposition to the bill. She discussed concerns regarding criminalizing certain people under the bill's provisions.



03:43 PM --
Ms. RJ Stoker, representing We the People, testified in opposition to the bill. She stated agreement with prior testimony opposing the bill. She discussed concerns about people being charged under the bill, and the effect that may have on those people's government benefits.



03:45 PM --
Ms. Francesca Maes, representing Good Dogs Service Dogs, testified in opposition to HB 16-1308, and stated agreement with prior testimony opposing the bill. She discussed enforcement concerns, and issues that the bill may raise.



03:48 PM --
Dr. Kathleen Haley, representing herself, testified in opposition to the bill. She stated concerns raised by the bill for people with invisible disabilities. Dr. Haley also discussed situations in which the bill may apply, and options available under existing laws.



03:53 PM --
Ms. Pamela Thiele, representing herself, testified in opposition to the bill. She stated that the bill would be detrimental for the invisibly disabled.



03:55 PM --
Ms. Caitlin Brady, representing Colorado Cross-Disability Coalition, testified in support of the bill. She discussed her experience taking a service animal in businesses.



03:57 PM --
Ms. Carolyn Haas, representing herself, testified in support of the bill. She discussed issues that will be alleviated by the bill, including issues surrounding self-training guide dogs. Ms. Haas also discussed means available to identify service animals.



04:02 PM --
Ms. Ann Clement, representing the Colorado Retail Council, testified in support of the bill.



04:03 PM -- Mr. Paul O'Brien, representing Canine Companions for Independence, testified in support of the bill. He discussed training service animals and his reasons for supporting the bill. Mr. O'Brien responded to questions regarding the cost of training a service animal, how the bill affects those who may not be able to afford a formally trained service dog, and investigation and enforcement under the bill.



04:11 PM --
Ms. Brianne Corbett, representing Freedom Service Dogs, testified in support of the bill. She discussed her experience training and handling service dogs. She also stated the importance of public education of the bill.



04:14 PM -- Ms. Janee Boswell, representing the Colorado Association of Animal Control Officers, testified in support of the bill. Ms. Boswell discussed a specific incident related to determining the legitimacy of a service dog, and responded to a question about laws violated in that incident.



04:18 PM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. She stated that animal control officers supported the bill, and that she hoped the bill would serve as a deterrent.



04:19 PM -- Mr. David Wolf, representing Domino Service Dogs, testified in support of the bill. He explained the costs associated with training a service animal, and the possible demeanor and actions of dogs that are not trained as service animals.



04:23 PM -- Mr. Mark Simon, representing himself, testified in support of the bill. Mr. Simon distributed written testimony to the committee (Attachment E). Mr. Simon discussed existing laws and procedures concerning investigating service animals. He also addressed issues raised during prior testimony and discussed an incident where a fraudulent service animal bit another person after being allowed in a store.

16SenateJud0411AttachE.pdf16SenateJud0411AttachE.pdf



04:28 PM -- Ms. Dawn Howard, representing the Colorado Cross-Disability Coalition, testified in support of the bill. Ms. Howard stated that service animals should be protected.



04:29 PM --
Mr. Kyle Walpole, representing himself, testified in support of the bill. He discussed enforcement of existing law under the Americans with Disabilities Act and by law enforcement. He discussed the effects of situations where people fraudulently represent an animal as a service animal. Mr. Walpole responded to questions regarding the sale of service animal certification and identification material, such as patches or vests.



04:35 PM --
Ms. Christine McGroarty, representing herself, testified in support of the bill. Ms. McGroarty discussed her, and others', experiences with service animals and interactions with fraudulent service animals.





04:39 PM



Senator Newell explained amendments L.002 and L.003.

BILL: HB16-1308
TIME: 04:41:11 PM
MOVED: Merrifield
MOTION: Adopt amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Cooke
Merrifield
Ulibarri
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: HB16-1308
TIME: 04:41:26 PM
MOVED: Merrifield
MOTION: Adopt amendment L.003 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Cooke
Merrifield
Ulibarri
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





04:41 PM



Senator Newell provided closing remarks on the bill.





04:46 PM



Committee members discussed their positions on the bill.

BILL: HB16-1308
TIME: 04:51:16 PM
MOVED: Merrifield
MOTION: Refer House Bill 16-1308, as amended, to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Cooke
No
Merrifield
Yes
Ulibarri
Yes
Lundberg
No
Roberts
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL




BILL: HB16-1308
TIME: 04:51:37 PM
MOVED: Lundberg
MOTION: Postpone House Bill 16-1308 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely.
SECONDED:
VOTE
Cooke
Merrifield
Ulibarri
Lundberg
Roberts
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection







04:52 PM



The committee recessed.




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