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.pdf 17SenateJud0412AttachB.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.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.pdf 17SenateJud0412AttachE.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.