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S_JUD_2021A 04/01/2021 01:34:21 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 04/01/2021
Attendance
Cooke X
Gardner X
Rodriguez X
Gonzales X
Lee X
Time 01:34:21 PM to 12:00:14 AM
Place SCR 352
This Meeting was called to order by Lee
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
SB21-174 Amended, referred to Senate Appropriations
HB21-1106 Referred to the Committee of the Whole
SB21-176 Lay Over

SB21-174 - Amended, referred to Senate Appropriations


01:35:19 PM  

Senator Cooke and Ginal, co-prime sponsors, explained Senate Bill 21-174, concerning adoption of written policies by law enforcement agencies for constitutionally required peace officer credibility disclosure notifications.  They discussed the federal Brady Bill, accountability, disclosure notifications, and uniform standards for reporting law enforcement behavior to a district attorney. 

 

The bill sponsors answered questions about the stakeholder process. 

 

01:47:58 PM  

Committee members asked further questions about police chiefs and bias, fact patterns and sustained findings, internal investigations, and compliance. 

01:58:41 PM  

Senator Cooke distributed and explained Amendment L 001 (Attaachment A) about accusations.and Amendment L.002 (Attachment B) regarding on-going investigations.

02:02:10 PM  

Mr. Ronald Sloan, representing Colorado Association of Chiefs of Police, testified in support of the bill, as amended. He brought up issues about notification and disclosure to defense counsel. 

 

Tom Raynes, representing Colorado District Attorneys' Council, testified to amend the bill.  He discussed Brady Bill compliance and the bill's limited application to trials.  He answered questions about fact patterns. 

02:19:13 PM  

Sheriff Justin Smith, representing County Sheriffs of Colorado, testified in support of the bill.

 

02:22:19 PM  

Meghan Dollar, representing Colorado Municipal League, testified in a neutral position on the bill. She discussed the stakeholder process. 

 

Sean McCauley, representing Colorado Fraternal Order of Police, testified in support of the bill.  He discussed the need for uniformity about disclosures. 

 

Committee members asked questions about affirmative defense, complaints, and enforcement mechanisms as outlined in the bill. 

 

Senator Cooke revisited the amendments. 



02:43:12 PM
Motion Adopt amendment L.001 (Attachment A)
Moved Cooke
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


02:43:34 PM
Motion Adopt amendment L.002 (Attachment B)
Moved Cooke
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:43:50 PM  

Senators Cooke and Ginal made closing remarks. 

 

 



02:50:04 PM
Motion Refer Senate Bill 21-174, as amended, to the Committee on Appropriations.
Moved Cooke
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB21-1106 - Referred to the Committee of the Whole


02:50:21 PM  

Senators Hansen and Bridges, co-prime sponsors, explained House Bill 21-1106, concerning measures to secure firearms to prevent use by persons not lawfully permitted to possess firearms.   They discussed safe storage laws in other states, suicide and firearms, school shootings, and access to guns. 

 

 

 

 

03:01:03 PM  

Committee members asked questions about constitutional requirements and self-defense.

03:03:44 PM  

Robert Edmiston, representing The Firearms Coalition of Colorado, testified in opposition to the bill. He raised concerns about redundancy and self-defense.   

 

Lesley Hollywood, representing Rally For Our Rights, testified in opposition to the bill.  She raised concerns about self-defense, suicide by means other than firearms, and enforcement of the bill. 

 

Mr. Ronald Dietz, representing self, testified in opposition to the bill. He raised concerns that the bill does not address mental health issues. 

03:14:58 PM  

Keith Emerson, representing self, testified in opposition to the bill.  He raised concerns about self-defense and lack of educational components in the bill. 

 

 

03:19:04 PM  

Mr John Dannelly, representing self, testified in opposition to the bill. He discussed self-defense and infringement of rights.

03:20:54 PM  

Ms Mary Parker, representing self, testified in support of the bill. She discussed accidental shootings. 

 

Ms. Erica Manoatl, representing Colorado Children's Campaign, testified in support of the bill. She discussed firearms and public health.

 

Dr Mark Matthews, representing American College of Physicians, Colorado Chapter, testified in support of the bill. He discussed public health and firearms.  

 

Committee members asked questions about safe storage efficacy in reducing gun violence. 

 

 

03:33:07 PM  

Mr Peter Fogg, representing Colorado Faith Communities United to End Gun Violence, testified in support of the bill.

 

Fr. Michael Nicosia, representing Colorado Faith Communities United to end gun violence (CFCU), testified in support of the bill.  He discussed safety and well-being. 

 

Dr. Julie Meyers, representing American Academy of Pediatrics, CO Chapter, testified in support of the bill. She discussed costs associated with gun violence.

03:43:57 PM  

Dr. James Todd, representing American Academy of Pediatrics, Children's Hospital Colorado, testified in support of the bill.  He discussed children and access to guns. 

 

Cameron Todd, representing self, testified in support of the bill. He discussed the inverse relationship of automobile accidents and accidental shootings. 

03:50:27 PM  

Ms. Eileen McCarron, representing Colorado Ceasefire, testified in support of the bill. She discussed public health and access to guns.

 

Dr. Lisa Ferrigno, representing American College of Surgeons Committee on Trauma, Colorado State, testified in support of the bill.

 

Ms. Whitney Toutenhoofd, representing Giffords Gun Owners for Safety, testified in support of the bill.

04:01:47 PM  

Mr Peter Gurfein, representing Giffords Gun Owners for Safety, testified in support of the bill.  He discussed unauthorized users and firearms.

 

Allison Anderman, representing Giffords Law Center to Prevent Gun Violence, testified in support of the bill.  She discussed safe storage laws in other states.

 

Dr. Caitlin Jones-Bamman, representing American Academy of Pediatrics, testified in support of the bill. She discussed accidental shootings and patient care. 

04:11:50 PM  

Mrs. Leslie OBrien, representing Moms Demand Action for Gun Sense in America, testified in support of the bill.

 

Maria Ogneva, representing Moms Demand Action for Gun Sense in America, testified in support of the bill.

 

Dr. Sindhu Sudanagunta, representing Children's Hospital of Colorado and the American Academy of Pediatrics, testified in support of the bill.

04:22:42 PM  

Mrs. Lyndsey Quist, representing Moms Demand Action, testified in support of the bill.

 

Mr. Brian Mason, representing 17th Judicial District Attorney's Office, testified in support of the bill.

 

Senator Evie Hudak, representing Colorado PTA, testified in support of the bill.

 

Committee members asked questions about enforcement provisions and unauthorized users. 

 

04:35:30 PM  

Anneliese Steel, representing self, testified in support of the bill.

 

Lydia Waligorski, representing Violence Free Colorado, testified in support of the bill.

 

Written public testimony for HB21-1106 can be found in Attachment C. 

04:41:57 PM  

Senators Hansen and Bridges gave closing remarks.



04:49:58 PM
Motion Refer House Bill 21-1106 to the Committee of the Whole.
Moved Gonzales
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB21-176 - Lay Over

04:50:28 PM  

Senators Winter and Pettersen. co-prime sponsors, explained Senate Bill 21-176, concerning protections for Colorado workers against discriminatory employment practices.  They discussed independent contractors, hostile work environments, and nondisclosure agreements. 

 

Senator Winter distributed and briefly discussed the following amendments:  L.001 (Attachment D), L. 003 (Attachment E), L. 004 (Attachment F), L. 005 (Attachment G), L.006 (Attachment H), L.007 (Attachment I), L.008 (Attachment J), and L. 009 (Attachment K). 

 

 

 

 

05:26:04 PM  

Ms. Christine Breen, representing Plaintiff Employment Lawyer's Association and Women's Lobby of Colorado, testified in support of the bill. She discussed independent contractors and harassment.  

 

Mr. Ian Kalmanowitz, representing Colorado Plaintiff Employment Lawyers Association, testified in support of the bill. He discussed severe or pervasive work environments, as outlined in the bill.

 

Rachel Ellis, representing Plaintiffs Employment Lawyers Association, testified in support of the bill. She discussed non-disclosure agreements. 

 

Discussion followed about independent contractors. 

05:46:21 PM  

Committee members asked questions about the gig economy, independent contractors, harassment, taxes, and employer/employee relationships. 

 

 

05:56:56 PM  

Discussion ensued about objective reasonable person standards of conduct, liability of employer, complaint processes, affirmative defense, and workplace standards, as outlined in the bill. 

 

 

06:13:48 PM  

Further committee discussion covered changes the bill makes to employment law and harassment. 

06:16:24 PM  

Ms. Kathleen Curry, representing Ute Water Conservancy District, testified in opposition to the bill.  She discussed liability and independent contractors. 

 

Lauren Masias, representing Colorado Competitive Council, testified in opposition to the bill.  She raised concerns about litigation.

 

Committee members asked questions about independent contractors, other state laws, employer mandates, and economic development. 

06:31:57 PM  

Mr. Chad Trulli, representing Employers Council, testified in opposition to the bill.  He raised concerns that bill is too punitive and litigious. 

 

Committee discussion followed about litigation, definitions of phrases in the bill, independent contractors, prevention, practices in other states, employer liability, and medical examination provisions.  

06:56:42 PM  

Further committee discussion ensued about the employer, employee, and independent contractor relationships covered in the bill. 

07:02:57 PM  

Michelle F, representing self, testified in support of the bill.

 

Megan Survivor, representing self, testified in support of the bill.

 

C Survivor, representing self, was available to answer committee questions.

 

Committee members asked questions about the Colorado Civil Rights Commission (CCRC) and pregnancy discrimination.

07:15:47 PM  

DIanna Orf, representing Colorado Mining Association, testified in opposition to the bill. She raised concerns about vague and over-broad definitions, as outlined in the bill. 

 

Richard Orf, representing Associated Governments of Northwest Colorado, testified in opposition to the bill. He expressed concerns about litigation. 

 

Committee members asked questions about immunity and medical provisions in the bill. 

 

07:35:52 PM  

Eric Hauch, representing Colorado Independent Drivers United, testified in support of the bill.

Jason Tarry, representing self, testified in support of the bill.

Ms. Kelli Riley, representing self, testified in support of the bill.

 

Committee members engaged in a discussion about nondisclosure agreements and power imbalances.

07:48:23 PM  

Ms. Ellen Buckley, representing self, testified in support of the bill. She read testimony from Susan Hoight, a caregiver in support of the bill. 

07:54:07 PM  

Sarah Mercer, representing Brownstein Hyatt Farber Schreck on behalf of C3 & Denver Metro Chamber Legal Advisory Committee, testified in opposition to the bill. She raised legal concerns about definitions in the bill and discussed differences between harassment and discrimination. 

Anneliese Steel, representing Colorado Concern, testified in opposition to the bill. She expressed concerns about overly broad definitions. 

 

Committee members asked questions about conflating harassment and discrimination, questions of fact, nondisclosure agreements,  employment medical examinations, and motions for summary judgements. 

 

 

08:16:03 PM  

Ms Andrea Kuwik, representing Bell Policy Center, testified in support of the bill.

Selina Najar, representing Cobalt, testified in support of the bill.

Karla Gonzales Garcia, representing Colorado Organization for Latina Opportunity and Reproductive Rights, testified in support of the bill.

08:27:20 PM  

Mrs. Heidi Gordon, representing American Council of Engineering Companies of Colorado, testified in opposition to the bill. She read testimony on behalf of Bill Green and Dean Bradley.

 

Meghan Dollar, representing Colorado Municipal League, testified in opposition to the bill.  She answered questions about medical examination requirements as a condition of employment. 

08:34:58 PM  

 Dirk Draper, representing Colorado Springs Chamber & EDC, testified in opposition to the bill.

08:40:39 PM  

Michael Crews, representing One Colorado, testified in support of the bill.

 

Ms. Jessica Ramos, representing 9to5 Colorado, testified in support of the bill.

 

Committee members asked questions about independent contractors and related data. 

08:47:30 PM  

Dr. Christi Sanders Via, representing COSHRM/WCHRA, testified in opposition to the bill.

 

Mrs. Heidi Hayward, representing Natural Grocers, testified in opposition to the bill.

 

Morgana LeBold, representing Southern Colorado Women's Chamber of Commerce, testified in opposition to the bill.

 

Committee members asked questions about independent contractors.

09:01:40 PM  

Ms Jeanette Hensley, representing Colorado Senior Lobby, testified in support of the bill.

 

Molly Geoghegan, representing COJWJ, testified in support of the bill.

 

Jared Make, representing A Better Balance, testified in support of the bill.

 

Committee members asked questions about caregivers and caregiver exceptions. 

 

 

09:31:34 PM  

Diane Schwenke, representing Grand Junction Area Chamber of Commerce, testified in opposition to the bill.

Dave Davia, representing Rocky Mountain Mechanical Contractors Association, testified in opposition to the bill.

Diana Petrak, representing Colorado Policy Pathways, testified in opposition to the bill.

09:42:49 PM  

Mr. David Zwisler, representing Northern Colorado Legislative Alliance, testified in opposition to the bill.

Mr. Tony Gagliardi, representing NFIB , testified in opposition to the bill.

Ray Nunn, representing Nunn Construction, testified in opposition to the bill.

 

Committee members asked questions about independent contractors and incentivizing employers to provide harassment training and awareness. 

 

 

10:14:23 PM  

Dave Jeffrey, representing JPM Prototype and Colorado Advanced Manufacturing Association, testified in opposition to the bill.

Larry Hudson, representing Colorado Chamber of Commerce, testified in opposition to the bill.

Jonathan Dhillon, representing Natural Grocers, testified in opposition to the bill.

10:27:58 PM  

Committee discussion ensued about the costs associated with harassment and ways to address harassment short of litigation.

10:39:57 PM  

Eric Bergman, representing Colorado Counties, Inc., testified in opposition to the bill.

Mr Alab Lewis, representing Natural Grocers, testified to amend the bill.

 

10:47:15 PM  

Mr. Barry Roseman, representing National Employment Lawyers Association, testified in support of the bill.

Ms. Iris Halpern, representing Colorado Women's Bar Association, testified in support of the bill.

Committee members asked questions about the Americans with Disabilities Act, frivilous claims, caregivers, harassment, discrimination, and hostile work environments. 

 

Discussion further ensued about volunteers and persons under parole supervision and if they were covered under the bill.

 

Written testimony on SB17-176 can be found in Attachment L. 

 

11:40:06 PM  

Senator Winter recapped the amendments that were distributed earlier in the hearing. 



11:40:59 PM
Motion Adopt amendment L.001 (Attachment D)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


11:41:25 PM
Motion Adopt amendment L.003 (Attachment E)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


11:41:50 PM
Motion Adopt amendment L.004 (Attachment F)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


11:42:13 PM
Motion Adopt amendment L.005 (Attachment G)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


11:42:41 PM
Motion Adopt amendment L.006 (Attachment H)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


11:43:48 PM
Motion Adopt amendment L.007 (Attachment I)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


11:44:14 PM
Motion Adopt amendment L.008 (Attachment J)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


11:44:43 PM
Motion Adopt amendment L.009 (Attachment K)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
11:44:44 PM  
Senator Winter and
Pettersen made closing remarks.




The Chair laid
over the bill.  


12:00:14 AM   The committee adjourned.






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