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S_JUD_2021A 04/21/2021 10:31:19 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 04/21/2021
Attendance
Cooke X
Gardner X
Rodriguez X
Gonzales X
Lee X
Time 10:31:19 AM to 01:20:52 PM
Place SCR 352
This Meeting was called to order by Lee
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
HB21-1108 Referred to the Committee of the Whole
HB21-1188 Referred to the Committee of the Whole

HB21-1108 - Referred to the Committee of the Whole


10:31:37 AM  

Senator Moreno, bill sponsor, explained House Bill 21-1108, concerning updates to prohibitions against gender-based discrimination to clarify the individuals who are included in a protected class.  He discussed gender expression, gender identity, and sexual orientation, and extending protections. 

Committee discussion followed about gender expression and subjectivity. 

 

 

10:43:02 AM  

Committee members asked about the bill's application and other areas in law that address something that is not fixed or permanent.

10:46:44 AM  

Mary Pott, representing self, testified in opposition to the bill.  She raised concerns about Title 9, bathrooms, and locker rooms. 

 

Ms. Anna Basquez, representing self, testified in opposition to the bill. 

10:56:45 AM  

Ms. Amy Gustafson, representing self, testified in opposition to the bill. She discussed religious freedom.

 

Ms. Teresa Ambuul, representing Colorado Catholic Conference, testified in opposition to the bill. She discussed transgender participation in sports.

11:04:14 AM  

Michael Tschampl, representing self, testified in opposition to the bill. He discussed the First Amendment.

 

Mrs Michele Markham, representing self, testified in opposition to the bill. She raised concerns about safety, privacy, and violation of her First Amendment rights. 

11:08:54 AM  

Mr. Jeff Hunt, representing The Centennial Institute, testified in opposition to the bill.  He discussed religious discrimination.

 

Mr. Joseph Feiten, representing self, testified to amend the bill.  He discussed ways to clarify terminology and other suggestions. 

 

 

11:15:24 AM  

Robert McDonough, representing self, testified in opposition to the bill.  He discussed athletic competitions and incarceration.

 

Brittany Vessely, representing Colorado Catholic Conference, testified in opposition to the bill. She raised concerns that the bill codifies discrimination against other beliefs.

 

The committee asked questions about religious expression. 

11:29:52 AM  
Robert Fox, representing self, testified in opposition to the bill.
11:33:53 AM  

Ms Marjanne Claassen, representing self, testified in support of the bill. 

 

Ms. Rachel Clark, representing Colorado Women's Bar Association, testified in support of the bill.  She discussed current laws and updating terminology.

 

Ms. Iris Halpern, representing Rathod Mohamedbhai LLC, testified in support of the bill. She addressed stereotypes and applicable laws.  Shs answered questions from the committee about gender expression and subjectiveness. 

 

The committee discussed religion and subjectivity. 

 

 

11:50:39 AM  

Mr. Clayton Wire, representing Colorado Plaintiffs Employment Lawyers Association (PELA), testified in support of the bill.  He discussed the Colorado Anti-Discrimination Act and protected classes. 

 

Written testimony about the bill is in Attachment A. 

11:55:52 AM  

Senator Gardner explained and distributed Amendment  L. 021 (Attachment B), which addresses concerns from religions organizations.

 

The bill sponsor expressed concerns that the amendment would open the door for discrimination. 

 

The committee discussed hospitals and schools operated by religious organizations. 



12:02:15 PM
Motion Adopt amendment L.021 (Attachment B)
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Rodriguez No
Gonzales No
Lee No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
12:02:44 PM  

Senator Moreno made closing remarks.



12:05:01 PM
Motion Refer House Bill 21-1108 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



HB21-1188 - Referred to the Committee of the Whole


12:05:12 PM  

Senator Gonzales, sponsor, explained House Bill 21-1188, concerning additional liability of a defendant who admits liability under respondeat superior.  She discussed a 2017 Colorado Supreme Court ruling and the bill's attempt to return applicable laws back to before the ruling.  She further discussed negligence and immunity.  

 

 

12:08:37 PM  

Mr. Grier Bailey, representing CWPMA/RMFIA, testified in opposition to the bill. He raised concerns about the bill's scope and independent contractors. 

 

Lee Mickus, representing Colorado Civil Justice League, testified in opposition to the bill.  He discussed the supreme court ruling, vicarious liability, negligent employees, and punitive and compensatory damages. 

 

The committee asked questions about fact patterns, punitive damages, and negligent claims. 

 

 

12:24:53 PM  

Further questions were asked about negligent hiring, vicarious responsibility, and compensatory and punitive damages. 

12:33:23 PM  

Troy Hill , representing Colorado Motor Carriers Association (CMCA) and Hill Petroleum, testified in opposition to the bill.  He raised concerns about litigation. 

 

Ms. Kari Jones Dulin, representing Colorado Trial Lawyers Association, testified in support of the bill.  She discussed negligent hiring and responsibility for it.  She answered questions about costs and settlement incentives. 

 

 

12:47:46 PM  

Mr. Tom Metier, representing Academy of Truck Accident Attorneys and Colorado Trial Lawyers Association, testified in support of the bill.  He discussed discovery and systemic issues of negligence. 

12:54:03 PM  

Mr. Greg Fulton, representing Colorado Motor Carriers Association, testified in opposition to the bill.

 

Mr. Alex Wilschke, representing Leventhal Puga Braley P.C., testified in support of the bill. He discussed accountability. 

01:03:33 PM  

Dr Sami Diab, representing Colorado Medical Society, testified in opposition to the bill. He raised concerns about duplicative lawsuits and health care costs.

 

Bill Babich, representing self, testified in support of the bill.  He discussed public safety and irresponsible companies.

 

Written testimony about the bill is in Attachment C.

01:15:02 PM  

Senator Gonzales made closing remarks. 

 

Committee members discussed court rulings. 

 

 



01:20:31 PM
Motion Refer House Bill 21-1188 to the Committee of the Whole.
Moved Gonzales
Seconded
Cooke Excused
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 1   EXC: 1   ABS:  0   FINAL ACTION:  PASS


01:20:52 PM   The committee adjourned.






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