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EDFC1E2BDA7E9E8187258972007335D6 Hearing Summary




PUBLIC
BILL SUMMARY For HB23-1032

HOUSE COMMITTEE ON JUDICIARY
Date Mar 14, 2023      
Location HCR 0112



HB23-1032 - Amended, referred to the Committee of the Whole

02:58:37 PM  

The committee was called to order. A quorum was present. Representative Ortiz, prime sponsor, presented House Bill 23-1032, concerning civil action remedy provisions or civil rights violations of persons with disabilities. Representative Ortiz explained the effect of the bill and discussed its need. Representative Ortiz responded to questions regarding provisions in the bill concerning emotional distress damages, and how the bill compares to other state and federal disabilities law. Representative Ortiz responded to further questions regarding the number of disability discrimination cases brought forward, and a backlog in such cases.

03:12:16 PM  
Mr. Andrew Montoya, representing Colorado Cross-Disability Coalition, testified in support of the bill.

Jack Johnson, representing Disability Law Colorado, testified in support of the bill. Discussion ensued regarding why a plaintiff would want to go before a court under the bill as opposed to seeking administrative remedies, and recovery of damages for emotional distress in other states. Discussion followed regarding the difference between the administrative process and the court system in handling disability discrimination cases. Discussion returned to emotional distress damages. Discussion turned to the effectiveness of the Colorado Civil Rights Division (CCRD) in handling disability matters, and the awarding of attorney fees under HB 23-1032. Mr. Montoya and Mr. Johnson responded to questions regarding the lack of behavioral incentives in the bill and existing law pertaining to disability discrimination. Mr. Johnson responded to questions regarding the timing of the CCRD remedy process, and certain jurisprudence in the area of disability law.

03:51:42 PM  
Courtenay Patterson, representing herself, testified in opposition to the bill.

Azita Nehchiri, representing herself, testified in opposition to the bill.

Moshe Kirsh, representing himself, testified in opposition to the bill.

Heather Stauffer, representing the Colorado Municipal League, testified on HB 23-1032 from an "amend" position. Ms. Patterson responded to questions regarding including certain public accommodation stipulations and emotional damages provisions in Colorado law. Discussion ensued regarding the public accommodation issue.

04:12:36 PM  
Mr. Spencer Kontnik, representing Colorado Trial Lawyers Association, testified in support of the bill.

Hillary Jorgensen, representing Colorado Cross Disability Coalition, testified in support of the bill.

Dr. Michael Neil, representing Colorado Cross-Disability Coalition, testified in support of the bill.

Jim Vacik, representing Independence Center, testified in support of the bill. Discussion ensued regarding the public accommodations-related questions raised during earlier discussion, and concerns raised by other witnesses about frivolous lawsuits. Mr. Kontnik responded to questions regarding difficulties in accessing remedies in disability discrimination cases.

04:35:03 PM  
Representative Ortiz explained the effect of amendment L.001 (Attachment A). Discussion ensued regarding the merits of the amendment.


04:38:26 PM
Motion Adopt amendment L.001
Moved Bacon
Seconded Garcia
Armagost No
Daugherty Yes
Epps Yes
Evans No
Garcia Yes
Luck No
Marshall Yes
Sharbini Yes
Snyder No
Soper No
Woodrow Yes
Bacon Yes
Weissman Yes
YES: 8   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS
04:38:33 PM  
Representative Ortiz explained the effect of amendment L.003 (Attachment B).


04:39:29 PM
Motion Adopt amendment L.003
Moved Bacon
Seconded Woodrow
Armagost
Daugherty
Epps
Evans
Garcia
Luck
Marshall
Sharbini
Snyder
Soper
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:39:38 PM  
Representative Ortiz explained the effect of amendment L.005 (Attachment C).


04:41:38 PM
Motion Adopt amendment L.005
Moved Bacon
Seconded Sharbini
Armagost Yes
Daugherty Yes
Epps No
Evans Yes
Garcia No
Luck Yes
Marshall Yes
Sharbini Yes
Snyder Yes
Soper Yes
Woodrow Yes
Bacon Yes
Weissman Yes
YES: 11   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS
04:41:45 PM  
Representative Ortiz provided closing remarks in support of HB 23-1032. Various committee members provided their positions on the bill.


05:02:35 PM
Motion Refer House Bill 23-1032, as amended, to the Committee of the Whole.
Moved Woodrow
Seconded Garcia
Armagost No
Daugherty Yes
Epps Yes
Evans No
Garcia Yes
Luck No
Marshall No
Sharbini Yes
Snyder No
Soper No
Woodrow Yes
Bacon Yes
Weissman Yes
Final YES: 7   NO: 6   EXC: 0   ABS:  0   FINAL ACTION:  PASS






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