H_JUD_2018A 04/03/2018 10:59:00 AM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGHOUSE COMMITTEE ON JUDICIARY Date 04/03/2018 Attendance Benavidez X Carver X Herod X Lundeen * Melton X Roberts * Weissman X Willett X Wist X Salazar X Lee X Time 10:59:00 AM to 03:22:34 PM Place HCR 0112 This Meeting was called to order by Lee This Report was prepared by Bo Pogue Hearing Items Action Taken hSB18-180 Amended, referred to the Committee of the Whole hSB18-068 Amended, referred to House Appropriations hSB18-014 Referred to the Committee of the Whole hSB18-154 Amended, referred to the Committee of the Whole SB18-180 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment A http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/A4929128CD59...$File/18HouseJud0403AttachA.pdf?OpenElement 18HouseJud0403AttachA.pdf 10:59:13 AM The committee was called to order. A quorum was present. Representatives Wist and Gray, prime sponsors, presented Senate Bill 18-180, concerning the Colorado Trust Code. Representative Wist explained the effect of the bill, and discussed its need. Representative Gray provided input on the bill's merits. 11:01:13 AM Mr. Marc Darling, Mr. Steve Brainerd, and Ms. Constance Eyster, representing the Colorado Bar Association, testified in support of SB 18-180. Mr. Brainerd provided background on laws that guide the administration of trusts, and discussed the development of the Uniform Trust Code. Ms. Eyster discussed the differences between the bill and the model code. Mr. Darling discussed the merits of SB 18-180. Mr. Brainerd responded to questions regarding the rule of perpetuities. Discussion ensued regarding the impact of the legislation on constructive trusts, and the intersection of the bill with Indian law. 11:23:20 AM Mr. Darling responded to questions regarding what constitutes a "strong public policy" according to the bill. Ms. Eyster responded to questions regarding the definition of "good faith" in the bill. Discussion ensued regarding potential conflicts of interest under one provision in the bill. 11:35:00 AM Mr. Carl Larson, representing the National Association of Insurance and Financial Advisors, testified in support of SB 18-180. 11:37:07 AM Ms. Anne McGihon, representing the Colorado Uniform Law Commission, testified in support of the bill. Ms. McGihon provided a history of the Uniform Trust Code, and addressed questions raised during earlier testimony. Ms. McGihon responded to questions regarding the functioning of the commission. 11:45:59 AM Representative Wist explained the effect of amendment L.004 (Attachment A). 11:47:19 AM Motion Adopt amendment L.004 Moved Wist Seconded Salazar Benavidez Carver Herod Lundeen Melton Roberts Weissman Willett Wist Salazar Lee YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 11:47:20 AM Discussion ensued regarding certain jurisdictional issues invoked by SB 18-180. Representatives Wist and Gray spoke in support of the bill. 11:51:12 AM Motion Refer Senate Bill 18-180, as amended, to the Committee of the Whole. Moved Wist Seconded Salazar Benavidez Yes Carver Yes Herod Yes Lundeen Yes Melton Yes Roberts Yes Weissman Yes Willett Yes Wist Yes Salazar Yes Lee Yes Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB18-068 - Amended, referred to House Appropriations Attachment Tag File Name Attachment C http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/1173103E96E8...$File/18HouseJud0403AttachC.pdf?OpenElement 18HouseJud0403AttachC.pdf Attachment B http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/759517394534...$File/18HouseJud0403AttachB.pdf?OpenElement 18HouseJud0403AttachB.pdf Attachment D http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/79D3A69EF754...$File/18HouseJud0403AttachD.pdf?OpenElement 18HouseJud0403AttachD.pdf Attachment E http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/FD3309FCB0D9...$File/18HouseJud0403AttachE.pdf?OpenElement 18HouseJud0403AttachE.pdf 11:51:22 AM Representative Van Winkle and Bridges, co-prime sponsors, presented Senate Bill 18-068, concerning criminalizing false reports. The committee heard testimony on the bill at its March 22 meeting. Committee members received amendments L.006 (Attachment C) and L.007 (Attachment D). Representative Salazar explained the effect of amendment L.007. 12:00:34 PM Motion Adopt amendment L.007 Moved Salazar Seconded Weissman Benavidez Carver Herod Lundeen Melton Roberts Weissman Willett Wist Salazar Lee YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Withdrawn 12:01:16 PM Motion Adopt amendment L.007, severed section A (page 1, lines 1 and 2). Moved Salazar Seconded Weissman Benavidez Carver Herod Lundeen Melton Roberts Weissman Willett Wist Salazar Lee YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 12:01:16 PM The committee recessed. 01:35:08 PM The committee returned to order. Representative Weissman explained the effect of amendment L.005 (Attachment D). 01:40:06 PM Motion Adopt amendment L.005 Moved Weissman Seconded Benavidez Benavidez Carver Herod Lundeen Melton Roberts Weissman Willett Wist Salazar Lee YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 01:40:06 PM Representative Benavidez explained amendment L.010 (Attachment E). Discussion ensued regarding the merits of the amendment. 01:42:37 PM Motion Adopt amendment L.010 Moved Benavidez Seconded Lee Benavidez Yes Carver No Herod No Lundeen No Melton Excused Roberts No Weissman No Willett No Wist No Salazar No Lee No YES: 1 NO: 9 EXC: 1 ABS: 0 FINAL ACTION: FAIL 01:47:19 PM Motion Adopt a conceptual amendment to the reengrossed bill, page 4, line 15, strike "intent or". Moved Wist Seconded Lundeen Benavidez Carver Herod Lundeen Melton Excused Roberts Weissman Willett Wist Salazar Lee YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Withdrawn 01:47:20 PM Representative Benavidez provided her position on SB 18-068. The co-sponsors provided closing remarks in support of the bill. 01:52:49 PM Motion Refer Senate Bill 18-068, as amended, to the Committee on Appropriations. Moved Lundeen Seconded Wist Benavidez No Carver Yes Herod Yes Lundeen Yes Melton Excused Roberts Yes Weissman Yes Willett Yes Wist Yes Salazar Yes Lee Yes Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS SB18-014 - Referred to the Committee of the Whole Attachment Tag File Name Attachment G http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/165CFF7170FE...$File/18HouseJud0403AttachG.pdf?OpenElement 18HouseJud0403AttachG.pdf Attachment F http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/37B9C0108BB5...$File/18HouseJud0403AttachF.pdf?OpenElement 18HouseJud0403AttachF.pdf 01:53:52 PM Representatives Wist and Herod, prime sponsors, presented Senate Bill 18-014, concerning requiring the Department of Corrections to disclose the location of inmates who are relocataed to facilities outside of the state. Representative Wist explained the effect of the bill, and discussed its need. Representative Herod provided input on the bill's merits. Discussion ensued regarding an exemption in the bill, and the impact of out-of-state prison transfers on prisoner violence. Discussion followed regarding state liability should something happen to an offender transferred out of state. Representative Wist discussed the number of offenders that would be impacted by the bill. 02:08:01 PM Mr. Travis Trani, representing the Department of Corrections, testified in support of SB 18-014. Mr. Trani explained the Interstate Corrections Compact, which allows states to transfer offenders between states. Ms. Monica Chambers, representing the Department of Corrections, testified in support of the bill. Ms. Chambers provided an overview of the victim notification program. Discussion ensued regarding certain exemptions in the bill. 02:24:10 PM Discussion continued regarding certain exemptions in SB 18-014. Discussion followed regarding judicial discretion in the victim notification process. 02:27:51 PM Mr. Tom Sullivan, representing himself, testified in support of the bill. Mr. Sullivan recounted the loss of his son, and discussed the relocation of his son's murderer to an out-of-state location. He discussed the need to notify the families of victims when an offender is relocated. He addressed issues raised during earlier discussions. 02:35:20 PM Ms. Denise Maes, representing the ACLU, testified regarding SB 18-014. Ms. Maes expressed some concerns with the bill. Ms. Maes responded to questions regarding the types of offenders who may be put at risk as a result of the notifications facilitated by the bill. Discussion ensued regarding this point. 02:47:46 PM Ms. Maes responded to questions regarding case law associated with the Department of Corrections' transfer of offenders. 02:50:55 PM Mr. Tim Lopez, representing himself, testified in support of the bill. Mr. Lopez discussed letters he received from the Department of Corrections concerning the whereabouts of some offenders (Attachment F), and explained how transfers take place under the Interstate Corrections Compact. Representative Wist read a letter from Christine Ridgeway (Attachment G). 02:58:13 PM Representatives Wist and Herod provided closing remarks in support of SB 18-014. 03:00:11 PM Motion Refer Senate Bill 18-014 to the Committee of the Whole. Moved Wist Seconded Herod Benavidez Yes Carver Yes Herod Yes Lundeen Yes Melton Yes Roberts Yes Weissman Yes Willett Yes Wist Yes Salazar Yes Lee Yes Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB18-154 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment H http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/C46BD171BEFC...$File/18HouseJud0403AttachH.pdf?OpenElement 18HouseJud0403AttachH.pdf 03:00:37 PM Representative Salazar, prime sponsor, presented Senate Bill 18-154, concerning a requirement for a local juvenile services planning committee to devise a plan to manage dually identified crossover youth. Representative Salazar explained the effect of the bill and discussed its need. 03:04:13 PM Ms. Minna Castillo-Cohen and Ms. Gretchen Russo, representing the Department of Human Services, testified in support of the bill. Ms. Castillo-Cohen explained the situation of "crossover youth," and discussed the services made available to these youth under the bill. Ms. Russo explained how services are provided to crossover youth under current law. Discussion ensued regarding metrics for assessing the success of programs catering to crossover youth. Ms. Russo responded to questions regarding the geographic reach of programming for crossover youth. Discussion ensued regarding funding for the activities under SB 18-154. 03:18:23 PM Ms. Gini Pingenot, representing Colorado Counties, Inc., testified in support of the bill. Ms. Pingenot provided background on services provided to crossover youth. 03:21:06 PM Motion Adopt amendment L.002. Moved Salazar Seconded Herod Benavidez Carver Herod Lundeen Melton Roberts Weissman Willett Wist Salazar Lee YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 03:21:07 PM Representative Salazar explained the effect of amendment L.002 (Attachment H). 03:22:23 PM Motion Refer Senate Bill 18-154, as amended, to the Committee of the Whole. Moved Salazar Seconded Roberts Benavidez Yes Carver Yes Herod Yes Lundeen Yes Melton Yes Roberts Yes Weissman Yes Willett Yes Wist Yes Salazar Yes Lee Yes Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 03:22:34 PM Committee Adjourned