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S_JUD_2017A 03/22/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 03/22/2017
ATTENDANCE
Time: 01:37 PM to 05:56 PM
Coram
X
Fields
X
Place: Old Supreme Court Chamber
Kagan
X
Cooke
X
This Meeting was called to order by
Gardner
X
Senator Gardner
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1110

SB17-207

HB17-1220

HB17-1221
Referred to the Committee of the Whole

Amended, Referred to Senate Appropriations

Amended, Referred to the Committee of the Whole

Referred to Senate Appropriations





01:37 PM -- HB17-1110



Senator Gardner, chair, called the committee to order, and explained the procedures to be used during the committee meeting. Senator Todd, sponsor, presented House Bill 17-1110, concerning juvenile court jurisdiction regarding matters related to parental responsibilities in a juvenile delinquency case. She explained the bill. Senator Todd responded to questions concerning treatment for juvenile offenders.



01:46 PM --
Ms. Melissa Thompson, and Ms. Ruchi Kapoor, representing the Office of the Respondent Parents' Counsel, testified in opposition to the bill. Ms. Thompson discussed her work with children, and her concerns about the bill. She discussed the potential effects of the bill. Ms. Kapoor discussed possible amendments to the bill relating to parental rights. In response to a question, Ms. Thompson discussed in detail her work on the bill. Senator Gardner commented, and he and the witnesses discussed the House Judiciary Committee's work on the bill.



01:55 PM --
Ms. Dorothy Macias and Ms. Linda Weinerman, representing the Office of the Child's Representative (OCR), testified in support of the bill. Ms. Macias discussed juvenile delinquency proceedings, generally, and the bill's effect on such proceedings. Ms. Weinerman discussed the work of the OCR in delinquency cases. The witnesses responded to questions from the committee.



02:02 PM --
Mr. Mike Valentine and Ms. Julie Thomerson, representing Colorado Counties, Inc., testified in support of the bill. Mr. Valentine discussed the work of the House Judiciary Committee on the bill, and discussed the benefits of the bill for children. Ms. Thomerson discussed how dependency and neglect cases impact children and families, and the benefits of the bill. She responded to a question concerning the situations that prompt dependency and neglect hearings. Mr. Valentine discussed working on the bill.

















02:14 PM



Senator Todd provided closing remarks on the bill.

BILL: HB17-1110
TIME: 02:16:39 PM
MOVED: Coram
MOTION: Refer House Bill 17-1110 to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:20 PM -- SB17-207



Senator Cooke and Senator Kagan, co-prime sponsors, presented Senate Bill 17-207, concerning strengthening Colorado's statewide response to behavioral health crises, and, in connection therewith, making an appropriation. Senator Kagan explained the bill and discussed its effect. Senator Cooke explained the benefits of the bill for hospitals, including how they comply with federal and state law.



02:27 PM --
Ms. Chrissie Hodges, representing herself, testified in support of the bill. She discussed the experience of people with health crises in jails and other facilities.



02:32 PM --
Ms. Jennifer Hill, representing herself, testified in support of the bill. Ms. Hill discussed her experiences as a victim of violent crime, and the resulting effect on her health.



02:38 PM --
Mr. Stan Hilkey, Executive Director of the Department of Public Safety, testified in support of the bill. He discussed mental illness in correctional facilities, and stated that correctional facilities are not equipped to treat those with mental illness. Mr. Hilkey discussed the work of the Colorado Commission on Criminal and Juvenile Justice (CCJJ) and other bodies on the bill. Mr. Hilkey responded to a question concerning jail capacity, and his experience. He also responded to questions concerning law enforcement practices, costs associated with the bill, and staffing changes in state agencies that may be required by the bill.



02:51 PM --
Broomfield Police Chief Gary Creager testified in support of the bill. He discussed his experience working with those with behavior health issues. Chief Creager explained procedures used by his department when interacting with a person with mental health issues.

















02:57 PM --
Delta County Sheriff Fred McKee, representing the County Sheriffs of Colorado, testified in support of the bill. Sheriff McKee discussed his work on the Governor's mental health task force, and his experience in Delta County. In response to a question, Sheriff McKee discussed the impact on county jails of mental health holds.



03:06 PM --
Ms. Abigail Tucker, representing the Community Reach Center, testified in support of the bill. She discussed the benefits of the bill.



03:08 PM --
Ms. Shelly Spalding, representing the Center for Mental Health, testified in support of the bill.



03:11 PM --
Mr. Frank Cornelia, representing the Colorado Behavioral Healthcare Council (CBHC), testified in support of the bill. He discussed his work on CCJJ and the Governor's mental health task force, and the work of the CBHC.



03:14 PM --
Ms. Mary Beth Van Horn, representing herself, testified in support of the bill. She discussed her experience with her son's disease and injuries.



03:20 PM --
Mr. Lance Powers, representing himself, testified in support of the bill.



03:24 PM --
Ms. Aubrey Boggs, representing the Colorado Mental Health Network, testified in support of the bill. She submitted a copy of her testimony to the committee (Attachment A).



17SenateJud0322AttachA.pdf17SenateJud0322AttachA.pdf



03:27 PM --
Ms. Camille Harding, representing the Department of Human Services, made herself available for questions. She responded to questions concerning law enforcement practices, and how the bill will affect those practices.



03:31 PM --
Ms. Moe Keller, representing Mental Health Colorado, testified in support of the bill.



03:33 PM --
Mr. Mark Ivandick, representing Disability Law Colorado, testified in support of the bill.



03:35 PM --
Ms. Katherine Mulready, representing the Colorado Hospital Association, testified in support of the bill, if it is amended.



03:39 PM --
Ms. Valerie Schlecht, representing the Colorado Cross Disability Coalition, testified in support of the bill.



03:40 PM -- Mr. Larry Krause, representing the National Alliance on Mental Illness Colorado, testified in support of the bill.



03:43 PM --
Dr. Charlie Lippolis, representing the Colorado Psychiatric Society, testified in support of the bill.



















03:46 PM



Senator Kagan and Senator Cooke provided closing remarks on the bill. Senator Cooke explained amendment L.001 (Attachment B).



17SenateJud0322AttachB.pdf17SenateJud0322AttachB.pdf

BILL: SB17-207
TIME: 03:47:31 PM
MOVED: Cooke
MOTION: Adopt amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



Senator Cooke explained amendment L.002 (Attachment C).



17SenateJud0322AttachC.pdf17SenateJud0322AttachC.pdf

BILL: SB17-207
TIME: 03:48:17 PM
MOVED: Cooke
MOTION: Adopt amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection











Senator Kagan explained amendment L.004 (Attachment D).



17SenateJud0322AttachD.pdf17SenateJud0322AttachD.pdf

BILL: SB17-207
TIME: 03:49:50 PM
MOVED: Kagan
MOTION: Adopt amendment L.004 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



Senator Cooke explained amendment L.005 (Attachment E).



17SenateJud0322AttachE.pdf17SenateJud0322AttachE.pdf

BILL: SB17-207
TIME: 03:50:39 PM
MOVED: Cooke
MOTION: Adopt amendment L.005 (Attachment E). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





















Senator Fields explained amendment L.006 (Attachment F).



17SenateJud0322AttachF.pdf17SenateJud0322AttachF.pdf

BILL: SB17-207
TIME: 03:52:19 PM
MOVED: Fields
MOTION: Adopt amendment L.006 (Attachment F). The motion failed on a vote of 2-3.
SECONDED:
VOTE
Coram
No
Fields
Yes
Kagan
Yes
Cooke
No
Gardner
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL



Senator Kagan explained amendment L.007 (Attachment G).



17SenateJud0322AttachG.pdf17SenateJud0322AttachG.pdf

BILL: SB17-207
TIME: 03:53:48 PM
MOVED: Kagan
MOTION: Adopt amendment L.007 (Attachment G). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



















Senator Kagan explained amendment L.009 (Attachment H).



17SenateJud0322AttachH.pdf17SenateJud0322AttachH.pdf


BILL: SB17-207
TIME: 03:54:40 PM
MOVED: Kagan
MOTION: Adopt amendment L.009 (Attachment H). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-207
TIME: 03:55:03 PM
MOVED: Cooke
MOTION: Refer Senate Bill 17-207, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:55 PM



The committee recessed.















04:07 PM -- HB17-1220



The committee returned to order. Senator Gardner and Senator Fields, co-prime sponsors, presented House Bill 17-1220, concerning measures to stop diversion of legal marijuana to the illegal market.



04:11 PM --
Mr. Mark Bolton, representing the Office of Governor Hickenlooper, testified in support of the bill.



04:13 PM --
Mr. Stan Hilkey, Executive Director of the Department of Public Safety, testified in support of the bill.



04:16 PM --
Mr. Sal Pace, Pueblo County Commissioner, testified in support of the bill. He discussed the work of the Pueblo County Commissioners.



04:19 PM --
Ms. Jessica LeRoux, representing herself, testified in opposition to the bill.



04:22 PM --
Mr. Jason Warf, representing the Southern Colorado Cannabis Council, testified in opposition to the bill. Mr. Warf responded to questions concerning municipal ordinances.



04:27 PM --
Cindy Sovine-Miller, representing herself, testified in support of the bill. She discussed health issues in her family.



04:29 PM --
Ms. Stacey Linn, representing the CannAbility Foundation, testified in support of the bill. She discussed forthcoming amendments.



04:31 PM --
Mr. Jim Lenderts, representing the Fort Collins Police Department and the Colorado Association of Chiefs of Police, testified in support of the bill.



04:32 PM --
Greenwood Village Police Chief John Jackson testified in support of the bill. He discussed the prevalence of residential marijuana grows. Mr. Lenderts and Chief Jackson responded to questions about enforcing marijuana laws for both residential and commercial grows.



04:39 PM --
Mr. Robert Chase, representing Colorado Coalition for Patients and Caregivers, testified in opposition to the bill.



04:41 PM --
Lt. Joe Roybal, representing the El Paso County Sheriff's Office and the County Sheriffs of Colorado, testified in support of the bill. He discussed specific incidents where people violated laws related to marijuana, and provided information on marijuana enforcement.



04:44 PM --
Ms. Janet Huffor, representing the El Paso County Sheriff's Office and the County Sheriffs of Colorado, testified in support of the bill. She discussed enforcing marijuana laws in El Paso County.



04:47 PM --
Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified in support of the bill.



04:49 PM --
Ms. Bridget Siritt, representing Canni-Patient Resource Connection, testified in support of the bill. She discussed how the bill would affect her and others.

















04:52 PM --
Mr. Kevin Bommer, representing the Colorado Municipal League and Colorado Counties, Inc., testified in support of the bill. He distributed written testimony to the committee (Attachments I and J).



17SenateJud0322AttachI.pdf17SenateJud0322AttachI.pdf 17SenateJud0322AttachJ.pdf17SenateJud0322AttachJ.pdf



04:54 PM --
Mr. John Harding, representing himself, testified in support of the bill.



04:57 PM --
Mr. Mark Hays, representing himself, testified in support of the bill.



04:59 PM --
Matthew Kahl, representing Veterans for Natural Rights, testified in support of the bill. He distributed information to the committee (Attachment K).



17SenateJud0322AttachK.pdf17SenateJud0322AttachK.pdf



05:01 PM --
Mr. Christian Sederberg, representing himself, testified in support of the bill. He responded to a question concerning the difference between residential, commercial, and medical marijuana grow operations.



05:05 PM --
Mr. Mike Van Dyke, representing the Colorado Department of Public Health and Environment, testified in support of the bill. He discussed the effects of growing marijuana indoors, and responded to a question concerning the effect of growing other kinds of plants indoors.



05:09 PM --
Ms. Terri Robnet, representing the Cannabis Patients Alliance, testified in support of the bill.



05:11 PM --
Mr. Greg Duran, representing himself, testified in support of the bill. Ms. Robnet and Mr. Duran responded to questions concerning residential marijuana growing.



05:16 PM --
Ms. Henny Lasley, representing SMART Colorado, testified in support of the bill.



05:19 PM --
Mr. John Faught, representing the Kempe Foundation, testified in support of the bill.



05:21 PM --
Mr. Scott Peterson, representing the Colorado Association of Realtors, testified in support of the bill. He discussed property rights.



05:25 PM --
Ms. Jessica Asplund, representing herself, testified in opposition to the bill. She discussed enforcement of marijuana laws.





























05:27 PM



Senator Fields provided closing remarks on the bill. Senator Gardner moved amendment L.025 (Attachment L).



17SenateJud0322AttachL.pdf17SenateJud0322AttachL.pdf

BILL: HB17-1220
TIME: 05:29:40 AM
MOVED: Gardner
MOTION: Adopt amendment L.025 (Attachment L). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

























































Senator Kagan moved and explained L.026 (Attachment M).



17SenateJud0322AttachM.pdf17SenateJud0322AttachM.pdf

BILL: HB17-1220
TIME: 05:30:46 AM
MOVED: Kagan
MOTION: Adopt amendment L.026 (Attachment M). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



Senator Fields moved and explained amendment L.027 (Attachment N). Senator Gardner commented.



17SenateJud0322AttachN.pdf17SenateJud0322AttachN.pdf

BILL: HB17-1220
TIME: 05:31:33 PM
MOVED: Fields
MOTION: Adopt amendment L.027 (Attachment N). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



















Senator Fields moved and explained amendment L.028 (Attachment O).



17SenateJud0322AttachO.pdf17SenateJud0322AttachO.pdf

BILL: HB17-1220
TIME: 05:32:16 PM
MOVED: Fields
MOTION: Adopt amendment L.028 (Attachment O). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB17-1220
TIME: 05:34:05 PM
MOVED: Gardner
MOTION: Refer House Bill 17-1220, as amended, to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

























05:35 PM -- HB17-1221



Senator Cooke and Senator Aguilar, co-prime sponsors, presented House Bill 17-1221, concerning gray and black market marijuana enforcement efforts, and, in connection therewith, making an appropriation.



05:39 PM --
Ms. Jessica LeRoux, representing herself, testified in opposition to the bill. She discussed the effect of the bill on county finances.



05:43 PM --
Mr. Kevin Bommer, representing the Colorado Municipal League, testified in support of the bill. He discussed the reasons for spending money on enforcement.



05:45 PM --
Mr. Eric Bergman, representing Colorado Counties, Inc., testified in support of the bill. He discussed the benefits of the bill to counties.



05:47 PM --
Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified in support of the bill.



05:48 PM --
Mr. Mark Bolton, representing the Office of Governor Hickenlooper, testified in support of the bill.



05:50 PM --
Mr. Ron Sloan, representing the Colorado Association of Chiefs of Police and the County Sheriffs of Colorado, testified in support of the bill. He discussed local law enforcement resources.





































































05:54 PM



Senator Cooke provided closing remarks on the bill.

BILL: HB17-1221
TIME: 05:55:04 PM
MOVED: Cooke
MOTION: Refer House Bill 17-1221 to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





05:56 PM



The committee adjourned.