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70F8C30549D4F234872589800078E827 Hearing Summary




PUBLIC
BILL SUMMARY For SB23-190

HOUSE COMMITTEE ON JUDICIARY
Date Mar 28, 2023      
Location Old State Library



SB23-190 - Referred to the Committee of the Whole


04:00:41 PM  
The committee recessed.
04:24:04 PM  

The committee came back to order.

04:26:25 PM  

Representatives McCormick and Epps, co-sponsors, provided an introduction to Senate Bill 23-190, concerning policies to make punishable deceptive actions regarding pregnancy-related services.

04:33:48 PM  
The bill sponsors responded to questions from committee members.
04:43:13 PM  
The bill sponsors continued to respond to questions from committee members.
04:45:23 PM  
The sponsors of SB 23-190 continued to respond to committee questions, discussing what constitutes a deceptive trade practice within the context of the bill, and the reasons why some pregnancy centers do not advertise that they do not provide abortions.
05:07:12 PM  
Ms. Kyriaki Council, representing herself, testified in support of the bill.

Leanna Gavin, representing Colorado Women's Bar Association, testified in support of the bill.

Lizzy Hinkley, representing Center for Reproductive Rights, testified in support of the bill.

Sawyeh Esmaili, representing National Women's Law Center, testified in support of the bill. Ms. Hinkley responded to questions regarding the likelihood that a court would view certain language as commercial speech under SB 23-190. Ms. Council provided input on this issue. Ms. Council responded to questions regarding court rulings on deceptive trade practices. Ms. Hinkley responded to questions regarding potential free speech issues associated with the bill. Ms. Council responded to questions regarding whether certain language could be construed as a deceptive trade practice, and the threshold for a court to determine whether a deceptive trade practice has occurred. Discussion ensued regarding the concept of government-mandated speech.

05:40:42 PM  
Dr. Catherine Wheeler, representing herself, testified in opposition to the bill.

Dr. George Delgado, representing Steno Institute, testified in opposition to the bill.

Mrs. Tamra Axworthy, representing A Caring Pregnancy Center, Pueblo, testified in opposition to the bill.

Mr. Andrew Nussbaum, representing himself, testified in opposition to the bill. Mr. Nussbaum responded to questions regarding a hypothetical fact pattern involving a pregnancy center. Discussion ensued regarding the Food and Drug Administration's reticence to approve abortion pill reversal drugs, and the American Medical Association's position on such drugs. Dr. Wheeler responded to questions regarding the nature of abortion reversal drugs, and concerns surrounding miscarriage and SB 23-190. Mr. Nussbaum responded to questions regarding potential criminalization of certain points of view under the bill.

06:13:08 PM  

Arianna Morales, representing New Era Colorado, testified in support of the bill. Katherine Riley, representing Colorado Organization for Latina Opportunity and Reproductive Rights (COLOR), testified in support of the bill. Courtney B, representing herself, testified in support of the bill. Erica Zwahlen, representing herself, testified in support of the bill. Ms. Morales responded to questions regarding her testimony. Ms. Riley responded to questions regarding her position on the prescription of abortion reversal drugs being unethical, and drug studies being halted. Ms. Riley responded to further questions regarding the scope of impact of harm involving deceptive trade practices, and risks associated with delaying an abortion. Ms. Zwahlen responded to questions regarding her experience with a pregnancy center. Discussion ensued regarding criticisms of pregnancy centers made during earlier testimony, particular pregnancy centers that bear out such criticisms, and the deceptive trade practices in which the centers are engaged.

06:35:07 PM  

Dr. Marcus Button, representing Button Family Practice, P.C., testified in opposition to the bill. Donna LaBelle, representing herself, testified in opposition to the bill. Mrs. Kristy Neeley, representing herself, testified in opposition to the bill. Mr. Lloyd Benes, representing himself, testified in opposition to the bill. Dr. Button provided further testimony, and responded to questions regarding interference in the doctor-patient relationship by SB 23-190. Dr. Button responded to further questions regarding his family medical practice, and the impact of the bill on medical choice. Dr. Button responded to questions regarding the responsibility of doctors to report unethical practices.

06:51:31 PM  
Commissioner Andy Kerr, representing Counties & Commissioners Acting Together (CCAT), testified in support of the bill.

Mrs. Natasha Berwick, representing New Era Colorado, testified in support of the bill.

Ms. Candace Woods, representing herself, testified in support of the bill.

Adora Bertero, representing Colorado Women’s Bar Association, testified in support of the bill. Commissioner Kerr responded to questions regarding the pregnancy center that his girlfriend visited, and pregnancy centers in his county. Ms. Woods responded to questions regarding referrals made by pregnancy centers. Ms. Berwick responded to questions regarding a packet of information on pregnancy center advertising. Discussion returned to Commissioner Kerr's situation. Discussion ensued regarding deceptive trade practices in advertising.

07:14:25 PM  

Mrs. Paula Suhr, representing herself, testified in opposition to the bill. Dr. Thomas Perille, representing Democrats for Life of Colorado, testified in opposition to the bill. Mrs. Sabrina Balister, representing herself, testified in opposition to the bill. Ms. Stacy Swagger, representing Cañon City Pregnancy Center, testified in opposition to the bill.

07:24:54 PM  
Dr. Perille responded to questions regarding whether SB 23-190 picks "winners and losers" in health care, and the safety of abortion reversal pills. Dr. Perille responded to further questions regarding payments associated with certain pharmaceuticals. Discussion ensued regarding services provided by pregnancy centers.
07:39:08 PM  

Dr. Mitchell Creinin, representing himself, testified in support of the bill. Dr. Rebecca Cohen, representing herself, testified in support of the bill. Dr. Kate Coleman-Minahan, representing herself, testified in support of the bill. Cathryn Rothenberg, representing herself, testified in support of the bill. Dr. Creinin responded to questions regarding how certain pharmaceuticals work, and randomized control trials for pharmaceuticals. Discussion ensued regarding foreseeability of harm with respect to abortion delays associated with pregnancy centers.

08:02:27 PM  

Mrs. Ami Schott, representing herself, testified in opposition to the bill. Ms. Pamela Douglas, representing herself, testified in opposition to the bill. Mr. Tim Northrup, representing himself, testified in opposition to the bill. Mrs. Roberta Bigalk, representing A Caring Pregnancy Resource Center, testified in opposition to the bill. Jan Cook, representing herself, testified in opposition to the bill. Mrs. Bigalk responded to questions regarding services offered by pregnancy centers. Ms. Cook responded to questions regarding the business model for pregnancy centers. Mrs. Bigalk provided input on this question. Mrs. Bigalk responded to questions regarding assertions made during earlier testimony. Discussion ensued regarding the credentials of those who work in pregnancy centers, and the services provided at the centers.

08:30:37 PM  
Ms. Trina Griego, representing Interfaith Alliance of Colorado, testified in support of the bill.

Shannon Russell, representing Catholics for Choice, testified in support of the bill.

Dr. Reverend Jenny Whitcher, representing The Juniper Formation, Interfaith Alliance of Colorado, testified in support of the bill.

Angelique Espinoza, representing Good Business Colorado, testified in support of the bill. Ms. Griego responded to questions regarding religious freedom for those who consult with pregnancy centers.

08:41:33 PM  
Ms. Denise Kmilek, representing herself, testified in opposition to the bill.

Teresa Zoltanski, representing herself, testified in opposition to the bill.

Mrs. Gretchen Smith, representing herself, testified in opposition to the bill.

Mrs. Brittany Vessely, representing Colorado Catholic Conference, testified in opposition to the bill. Mrs. Smith responded to questions regarding services provided by pregnancy centers, and the professionals who work there. Discussion ensued regarding whether pregnancy centers should announce that they do not provide abortions. Discussion returned to the credentials of those who work at pregnancy centers. Discussion followed regarding the negative impacts of SB 23-190 on pregnancy crisis centers.

09:05:34 PM  
Lauren Smith, representing Soul 2 Soul Sisters, testified in support of the bill.

Maggie Gomez, representing State Innovation Exchange Action, testified in support of the bill.

Cidney Fisk, representing herself, testified in opposition to the bill.

Melisa Hidalgo-Cuellar, representing herself, testified in support of the bill.

09:14:29 PM  

Mrs Erin Meschke, representing herself, testified in opposition to the bill. Scott Horak, representing himself, testified in opposition to the bill. Mrs. Vicki Morgan, representing herself, testified in opposition to the bill. Christine Hunerado, representing herself, testified in opposition to SB 23-190.

09:23:26 PM  

Ms. Abigail Hutchings, representing herself, testified in support of the bill. Anaya Robinson, representing ACLU of Colorado, testified in support of the bill. Jack Teter, representing Planned Parenthood of the Rocky Mountains, testified in support of the bill. Mar Galvez Seminario, representing Colorado Organization for Latina Opportunity and Reproductive Rights, testified in support of the bill. Mr. Teter responded to questions regarding what Planned Parenthood would do if a patient decided not to have an abortion, and legislation considered in Colorado to address harmful therapies. Mr. Teter responded to further questions regarding a fact pattern that might be considered a deceptive trade practice, and how Planned Parenthood describes a pharmaceutical-induced abortion. Mr. Teter responded to questions regarding uses for progesterone.

09:44:48 PM  

Dr Charles Boles, representing himself, testified in opposition to the bill. Benjamin Short, representing himself, testified in opposition to the bill. Sarah Short, representing herself, testified in opposition to the bill. Donna LaBelle read the testimony of Marilyn Gore in opposition to SB 23-190. Mr. Greg Lopez, representing himself, testified in opposition to the bill. Mrs. Sandy Utz, representing herself, testified in opposition to the bill. Dr. Boles responded to questions regarding the effect of using certain pharmaceuticals, and disciplining of doctors with respect to progesterone. Dr. Boles responded to further questions regarding the effectiveness of pharmaceutical abortion reversal.

10:09:00 PM  
Mrs. Ashley Blinkhorn, representing herself, testified in support of the bill.
10:12:33 PM  

Chelsea Mynyk, representing herself, testified in opposition to the bill. Dr. Thomas Jensen, representing Denver Catholic Medical Association, testified in opposition to the bill. Celaine Decker, representing herself, testified in opposition to the bill. Daniel Mynyk, representing himself, testified in opposition to the bill. Mrs. Clairelise Young, representing herself, testified to amend the bill.

10:26:32 PM  

Mrs. Connie Weiskopf, representing herself, testified in opposition to the bill. YengYe Vue, representing Boulder Pregnancy Resource Center, testified in opposition to the bill. Mr. Rich Bennett, representing himself, testified in opposition to the bill. Nathan Harvey, representing himself, was available to answer committee questions. Ms. Margo Harriman, representing herself, testified in opposition to the bill. Mr. Bennett responded to questions. Panel members responded to questions regarding the legislative declaration in SB 23-190.

10:45:51 PM  

Ms. Cheyenne Ibrahim, representing herself, testified in opposition to the bill. Jocelyn Masurat, representing Boulder County Public Health, testified in support of the bill. Jason Knebel, representing himself, testified in support of the bill.

10:53:15 PM  
Dr Rachel Konda-Sundheim, representing herself, testified in opposition to the bill.

Emma Sanchez, representing herself, testified in opposition to the bill.

Student Doctor Laura Seaton, representing herself, testified in opposition to the bill.

Ian Rutherford, representing American Solidarity Party, testified in opposition to the bill.

Cindy Amos, representing themself, testified in opposition to the bill.

11:07:30 PM  
Trevor Malloy, representing Pikes Peak Citizens For Life, testified in opposition to the bill.

Maren Jacobsen, representing herself, testified in opposition to the bill.

Nicole Hunt, representing Focus on the Family, testified in opposition to the bill.

Mr. Jeff Hunt, representing Centennial Institute at Colorado Christian University, testified in opposition to the bill.

Ms. Diane Ferraro, representing Save the Storks, testified in opposition to the bill.

Ms. Yvonne Williams, representing Care Net Center Services, testified in opposition to the bill.

11:24:10 PM  
Lori Goebel, representing herself, testified in opposition to the bill.

Joanne Johnson, representing herself, testified in opposition to the bill.

Ms. Isabella Contolini, representing herself, testified in opposition to the bill.

Mrs. Annie Tang Humphrey, representing Save the Storks, testified in opposition to the bill.

Mrs. Nancy Eason, representing herself, testified in opposition to the bill.

Krisanne Young, representing herself, testified in opposition to the bill.

11:40:31 PM  
No amendments were offered to SB 23-190. Representatives McCormick and Epps provided closing remarks in support of the bill. Various committee members provided their positions on the bill.


12:11:48 AM
Motion Refer Senate Bill 23-190 to the Committee of the Whole.
Moved Epps
Seconded Mabrey
Armagost No
Bradley No
Epps Yes
Evans No
Garcia Yes
Luck No
Mabrey Yes
Marshall No
Sharbini Yes
Snyder Yes
Woodrow Yes
Bacon Yes
Weissman Yes
Final YES: 8   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS






The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details