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S_JUD_2017A 04/12/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 04/12/2017
ATTENDANCE
Time: 01:35 PM to 03:58 PM
Coram
X
Fields
X
Place: SCR 352
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:
HB17-1238

SB17-277

HB17-1072

HB17-1172

HB17-1239

HB17-1240

HB17-1241

HB17-1243

HB17-1244

HB17-1245
Referred to the Committee of the Whole - Consent Calendar

Postponed Indefinitely

Amended, Referred to the Committee of the Whole

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar





01:36 PM -- HB17-1238



Senator Gardner, chair, called the committee to order. He announced a change in the order of bills that the committee would consider. Senator Holbert, sponsor, presented House Bill 17-1238, concerning the nonsubstantive relocation of laws related to debt management and collection services from Title 12, C.R.S., as part of the organizational recodification of Title 12.



01:37 PM --
Mr. Matthew Belter, representing himself, testified in support of the bill.
































BILL: HB17-1238
TIME: 01:37:58 PM
MOVED: Kagan
MOTION: Refer House Bill 17-1238 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. 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





01:39 PM -- SB17-277



Senator Marble, sponsor, presented Senate Bill 17-277, concerning the application of foreign laws in Colorado courts. She provided opening remarks on the bill. Senator Gardner distributed and explained amendment L.001 (Attachment A). Senator Marble distributed and explained amendment L.002 (Attachment B).



17SenateJud0412AttachA.pdf17SenateJud0412AttachA.pdf 17SenateJud0412AttachB.pdf17SenateJud0412AttachB.pdf



01:48 PM



Senator Marble responded to questions from Senator Kagan concerning the bill's provisions and the effect of the bill on the enforcement of U.S. Supreme Court decisions in Colorado.





01:58 PM



Senator Marble and the committee continued discussing the applicability of the bill to specific situations.




02:11 PM --
Mr. John Chanin, representing the Anti-Defamation League, testified in opposition to the bill. He stated that the bill was redundant and unnecessary. Mr. Chanin responded to questions concerning specific language in the bill, and court decisions that may have given rise to bills similar to SB 17-277.



02:21 PM --
Ms. Iman Jodeh, representing herself, testified in opposition to the bill. She discussed Sharia law, and the basis for laws in the United States and elsewhere. Senator Gardner commented; Ms. Jodeh responded.



















02:27 PM --
Mr. Bob Berry, representing himself, testified in support of the bill. Mr. Berry discussed the U.S. Constitution, and motivations for the bill. He responded to questions concerning the effect of the bill on arbitrations and other forms of decision making. Senator Gardner commented on the applicability of the bill.



02:34 PM --
Mr. Bob Lewis, representing himself, testified in support of the bill. He discussed court opinions, their impact, and the authority of judges. He responded to questions about the reasons for not permitting the use of foreign law, whether any courts have used foreign laws to make decisions, and Colorado's laws concerning choice of law.



02:43 PM --
Mr. Dan Egeland, representing himself, testified in support of the bill. He discussed his experiences involving courts and arbitrations. Mr. Egeland read the testimony of Ms. Hertha Hennessey (Attachment C). Senator Kagan commented on Ms. Hennessey's testimony.



17SenateJud0412AttachC.pdf17SenateJud0412AttachC.pdf



02:49 PM --
Mr. Abdi Rashid, representing himself, testified in support of the bill. He stated the benefits of U.S. law, and positives of American society.



02:53 PM --
Mr. Bill Eigles, representing himself, testified in support of the bill. He discussed transnationalism. Mr. Eigles discussed the goal of SB 17-277, laws in other countries, and free speech rights. He responded to questions concerning the applicability of the bill, and existing law, and commented on the possibility of an amendment.





03:02 PM



Senator Marble provided closing remarks on the bill. Senator Kagan explained his position on the bill.

BILL: SB17-277
TIME: 03:06:53 PM
MOVED: Cooke
MOTION: Adopt amendment L.001 (Attachment A). 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: SB17-277
TIME: 03:07:35 PM
MOVED: Cooke
MOTION: Adopt amendment L.002 (Attachment B). The motion passed on a vote of 3-2.
SECONDED:
VOTE
Coram
Yes
Fields
No
Kagan
No
Cooke
Yes
Gardner
Yes
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL: SB17-277
TIME: 03:08:57 PM
MOVED: Cooke
MOTION: Refer Senate Bill 17-277, as amended, to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Coram
No
Fields
No
Kagan
No
Cooke
Yes
Gardner
Yes
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


































BILL: SB17-277
TIME: 03:09:25 PM
MOVED: Coram
MOTION: Postpone Senate Bill 17-277 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. The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





03:09 PM -- HB17-1072



Senator Cooke, sponsor, presented House Bill 17-1072, concerning human trafficking for sexual servitude. He provided a handout to the committee (Attachment D). He explained the need for the bill. He distributed and explained amendment L.010 (Attachment E).



17SenateJud0412AttachD.pdf17SenateJud0412AttachD.pdf 17SenateJud0412AttachE.pdf17SenateJud0412AttachE.pdf



03:14 PM --
Ms. Billie McIntire, representing SWAN Colorado, testified in opposition to the bill. She explained concerns regarding the effect of the bill on victims. Ms. McIntire discussed specific victim's circumstances, and a recent Denver Post article.



03:20 PM --
Ms. Katja Lundin, representing herself, testified in opposition to the bill. Ms. Lundin expressed her concerns regarding sex offender registration.



03:23 PM --
Morgan County Sheriff Jim Crone, representing the County Sheriffs of Colorado, testified in support of the bill. Sheriff Crone discussed the benefits of the bill for fighting human trafficking.



03:26 PM --
Mr. Scott Turner, representing the Colorado Attorney General's Office and the Colorado District Attorneys' Council, testified in support of the bill. He discussed how the bill relates to federal law, and the effect of the bill. He discussed the process for removing a victim of human trafficking from the sex offender registry, and the effect of amendment L.010.



Mr. Turner and Sheriff Crone responded to a question concerning charging victims of trafficking with crimes. Senator Cooke commented.

















03:34 PM



Senator Cooke provided closing remarks on the bill, and specifically discussed sex offender registration.

BILL: HB17-1072
TIME: 03:36:05 PM
MOVED: Cooke
MOTION: Adopt amendment L.010 (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


BILL: HB17-1072
TIME: 03:36:26 PM
MOVED: Cooke
MOTION: Refer House Bill 17-1072, 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































03:37 PM -- HB17-1172



Senator Cooke, sponsor, presented House Bill 17-1172, concerning criminal penalties for persons who commit human trafficking of a minor for sexual servitude. Senator Cooke responded to a question concerning judicial discretion regarding sentencing. Committee discussion ensued on this point.



03:42 PM --
Mr. Scott Turner, representing the Colorado Attorney General's Office, the Colorado District Attorneys' Council, and the Colorado Organization for Victim Assistance, testified in support of the bill. He provided his reasons for supporting the bill.



03:44 PM --
Morgan County Sheriff Jim Crone, representing the County Sheriffs of Colorado, testified in support of the bill. Sheriff Crone discussed the effects of trafficking on minors, and the benefit of the bill.



Mr. Turner responded to a question concerning judicial discretion in sentencing.





03:49 PM



Senator Cooke provided closing remarks on the bill.

BILL: HB17-1172
TIME: 03:50:22 PM
MOVED: Cooke
MOTION: Refer House Bill 17-1172 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. 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





































03:51 PM -- HB17-1239



The committee considered House Bill 17-1239, concerning the nonsubstantive relocation of laws related to private occupational schools from Title 12, C.R.S., as part of the organizational recodification of Title 12.

BILL: HB17-1239
TIME: 03:52:26 PM
MOVED: Gardner
MOTION: Refer House Bill 17-1239 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. 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





03:52 PM -- HB17-1240



Senator Cooke, sponsor, presented House Bill 17-1240, concerning the nonsubstantive relocation of the laws related to the department of public health and environment from Title 12, C.R.S., as part of the organizational recodification of Title 12.

BILL: HB17-1240
TIME: 03:53:19 PM
MOVED: Cooke
MOTION: Refer House Bill 17-1240 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. 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

















03:53 PM -- HB17-1241



Senator Gardner, sponsor, presented House Bill 17-1241, concerning the nonsubstantive relocation of laws related to Indian arts and crafts sales from Title 12, C.R.S., as part of the organizational recodification of Title 12.

BILL: HB17-1241
TIME: 03:54:22 PM
MOVED: Gardner
MOTION: Refer House Bill 17-1241 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. 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 -- HB17-1243



The committee considered House Bill 17-1243, concerning the nonsubstantive relocation of the laws related to wholesale sales representatives from Title 12, C.R.S., as part of the organizational recodification of Title 12.

BILL: HB17-1243
TIME: 03:55:44 PM
MOVED: Gardner
MOTION: Refer House Bill 17-1243 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. 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



















03:56 PM -- HB17-1244



Senator Gardner, sponsor, presented House Bill 17-1244, concerning the nonsubstantive relocation of the laws related to cemeteries from Title 12, C.R.S., as part of the organizational recodification of Title 12.

BILL: HB17-1244
TIME: 03:56:35 PM
MOVED: Gardner
MOTION: Refer House Bill 17-1244 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. 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



































































03:57 PM -- HB17-1245



Senator Kagan, sponsor, presented House Bill 17-1245, concerning the nonsubstantive relocation of the laws related to public establishments from Title 12, C.R.S., as part of the organizational recodification of Title 12.

BILL: HB17-1245
TIME: 03:57:34 PM
MOVED: Kagan
MOTION: Refer House Bill 17-1245 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. 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





03:58 PM



The committee adjourned.


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