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S_JUD_2017A 04/26/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 04/26/2017
ATTENDANCE
Time: 01:40 PM to 02:30 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:
HB17-1288

HB17-1077

SB17-294

HB17-1087
Referred to the Committee of the Whole - Consent Calendar

Referred to Senate Appropriations

Amended, Referred to the Committee of the Whole

Amended, Referred to Senate Appropriations





01:41 PM -- HB17-1288



Senator Gardner, chair, called the committee to order, and announced a change in the meeting agenda. Senator Cooke and Senator Court, co-prime sponsors, presented House Bill 17-1288, concerning the penalties for driving under the influence (DUI) offenders who commit their fourth and subsequent DUI offenses. Senator Cooke explained the need for the bill, including a discussion of the application of recent legislation concerning making certain DUI offenses felonies. Senator Court commented on felony DUI legislation.



01:46 PM --
Mr. Fran Lanzer, representing Mothers Against Drunk Driving, testified in support of the bill. Mr. Lanzer explained and provided information concerning sentencing for misdemeanor and felony DUI offenses. In response to a question, Mr. Lanzer clarified statistics included in his testimony.



01:50 PM --
Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of the bill.



01:51 PM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Senator Cooke responded to a question concerning payment for county jail costs.

































01:53 PM



Senator Court provided closing remarks on the bill.

BILL: HB17-1288
TIME: 01:53:37 PM
MOVED: Cooke
MOTION: Refer House Bill 17-1288 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





01:54 PM -- HB17-1077



Senator Coram, sponsor, presented House Bill 17-1077, concerning the useful public service cash fund. He responded to questions concerning the costs associated with the bill.

BILL: HB17-1077
TIME: 01:57:44 PM
MOVED: Coram
MOTION: Refer House Bill 17-1077 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





















02:00 PM -- SB17-294



Senator Gardner, sponsor, presented Senate Bill 17-294, concerning the nonsubstantive revision of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, imperfect, and inoperative law to preserve the legislative intent, effect, and meaning of the law (the Revisor's Bill). Senator Gardner distributed amendments L.001 (Attachment A) and L.002 (Attachment B).



17SenateJud0426AttachA.pdf17SenateJud0426AttachA.pdf 17SenateJud0426AttachB.pdf17SenateJud0426AttachB.pdf



02:02 PM --
Ms. Jennifer Gilroy, Revisor of Statutes, Office of Legislative Legal Services, explained the bill and amendment L.001.





02:04 PM



Senator Gardner explained amendment L.002. The committee discussed the amendment.

BILL: SB17-294
TIME: 02:10:06 PM
MOVED: Gardner
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: SB17-294
TIME: 02:10:21 PM
MOVED: Gardner
MOTION: Adopt amendment L.002 (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


BILL: SB17-294
TIME: 02:10:34 PM
MOVED: Gardner
MOTION: Refer Senate Bill 17-294, 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





02:11 PM -- HB17-1087





Senator Lundberg, sponsor, presented House Bill 17-1087, concerning an office of public guardianship. He distributed and explained amendment L.009 (Attachment C).



17SenateJud0426AttachC.pdf17SenateJud0426AttachC.pdf















02:14 PM --
Mr. Bill Levis, representing AARP, testified in support of the bill. He discussed his experience acting as a guardian.



02:15 PM --
Ms. Marijo Rymer, representing The Arc of Colorado, testified in support of the bill. She discussed guardianship, generally, and laws in other states.



02:18 PM --
Mr. Carl Gladstein and Ms. Mary Catherine Rabbitt, representing the Colorado Bar Association, testified in support of the bill. Mr. Gladstein discussed issues in guardianship cases. Ms. Rabbitt discussed situations that would have benefitted from a public guardianship program. Mr. Gladstein responded to questions concerning judicial authority to take certain actions regarding guardianship, and the potential workload of public guardians.





02:28 PM



Senator Lundberg provided closing remarks on the bill.

BILL: HB17-1087
TIME: 02:29:09 PM
MOVED: Cooke
MOTION: Adopt amendment L.009 (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








































BILL: HB17-1087
TIME: 02:29:35 PM
MOVED: Cooke
MOTION: Refer House Bill 17-1087, 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





02:30 PM



The committee adjourned.