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H_JUD_2018A 04/26/2018 01:47:11 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 04/26/2018
Attendance
Benavidez X
Carver X
Herod X
Lundeen *
Melton X
Roberts X
Weissman *
Willett X
Wist X
Salazar X
Lee X
Time 01:47:11 PM to 05:16:27 PM
Place HCR 0112
This Meeting was called to order by Lee
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB18-1230 Amended, referred to House Finance
HB18-1303 Amended, referred to the Committee of the Whole
HB18-1398 Referred to the Committee of the Whole
HB18-1409 Amended, referred to House Appropriations
HB18-1410 Amended, referred to the Committee of the Whole
HB18-1418 Committee Discussion Only

HB18-1230 - Amended, referred to House Finance


01:48:14 PM  

The committee was called to order. A quorum was present. Representative Pabon, prime sponsor, presented House Bill 18-1230, concerning the creation of a purple card program to allow persons who came to the United States without legal documentation to apply for legal work status in Colorado.  The committee heard testimony on the bill at its April 24 meeting, and testimony continued at the present meeting. Mr. Ismael Netzahuatz, representing Purple Card, testified in support of the bill. Mr. Netzahuatz discussed the population that would be affected by the bill, and some of the challenges they face. Ms. Diana Arenas, representing Purple Card, testified in support of the bill. Ms. Arenas discussed her background and explained how she can benefit the United States.  Ms. Arenas responded to questions regarding her educational background. Ms. Llani Duenas, representing Purple Card, testified in support of the bill. She discussed a work program that allowed her into the United States, and the status of this program.

02:03:22 PM  

Ms. Maria Ruiz, representing Purple Card, testified in support of HB 18-1230.  Ms. Ruiz discussed certain benefits to the public of passing the bill, in areas such as safety and education. Mr. Omar Gomez, representing Purple Card, testified in support of the bill.

02:08:15 PM  
Representative Pabon explained the effect of amendment L.001 (Attachment A).


02:10:58 PM
Motion Adopt amendment L.001
Moved Salazar
Seconded Roberts
Benavidez Yes
Carver No
Herod Yes
Lundeen No
Melton Yes
Roberts Yes
Weissman Yes
Willett No
Wist No
Salazar Yes
Lee Yes
YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS
02:10:59 PM  
Various committee members provided their positions on HB 18-1230. Representative Pabon provided closing remarks in support of the bill.


02:27:36 PM
Motion Refer House Bill 18-1230, as amended, to the Committee on Finance.
Moved Salazar
Seconded Herod
Benavidez Yes
Carver No
Herod Yes
Lundeen No
Melton Yes
Roberts Yes
Weissman Yes
Willett No
Wist No
Salazar Yes
Lee Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB18-1303 - Amended, referred to the Committee of the Whole


02:27:50 PM  

Representatives Wist and Garnett, prime sponsors, presented House Bill 18-1303, concerning exemption of nonprofit youth sports organization coaches from the "Colorado Employment Security Act."  Representative Wist explained the effect of the bill and discussed its need. Representative Garnett provided additional input on the bill's merits. Discussion ensued regarding the number of people covered by the bill, and the need for the legislation in light of current law that allows certain tax exemptions for nonprofit organizations. Discussion followed regarding the ramifications of the bill in terms of civil liability.

02:37:31 PM  
Mr. Patrick Teegarden, representing the Department of Labor and Employment, testified in support of the bill should certain amendments be adopted. Mr. Teegarden responded to earlier questions about the scope of the bill, and the nature of the department's support for the amendments. Discussion ensued regarding certain instances that created the need for the legislation, and certain tax exemptions in current law.
02:49:45 PM  

Mr. Jeff Ruebel, representing Colorado Soccer, testified in support of the bill. Mr. Ruebel discussed the need for the legislation, and provided background on how the bill came about. Mr. Reubel responded to questions regarding the levels of compensation for volunteer coaches, and the amount of time that constitutes volunteer coaching. Mr. Ruebel responded to further questions regarding amendment L.001 (Attachment B). Mr. Pete Barett, representing the Littleton Soccer Club, testified in support of HB 18-1303. He explained how an enforcement action from the Department of Labor and Employment led to the bill. Ms. Candy Brooks, representing Pride Soccer, testified in support of the bill. Ms. Brooks explained how an enforcement action placed upon her organization illustrates the problem addressed by the bill. Mr. Nate Shotts, representing Colorado Soccer, testified in support of the bill. Mr. Shotts discussed the various rules that apply to his organization, including employment rules.

03:09:35 PM  

Mr. Scott Bechler, representing himself, testified in support of the bill. Mr. Dan Friesen, representing himself, testified in support of the bill. He discussed his experience as a soccer coach, and outlined his reasons for supporting the bill.  Mr. Bill Lindsay, representing Littleton Soccer, testified in support of the bill.  He discussed the merits of the legislation.

03:18:34 PM  

Representative Wist explained the effect of amendment L.004 (Attachment C).



03:20:31 PM
Motion Adopt amendment L.004
Moved Wist
Seconded Willett
Benavidez
Carver
Herod
Lundeen
Melton
Roberts
Weissman
Willett
Wist
Salazar
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:20:32 PM  

Representative Wist explained the effect of amendment L.002 (Attachment D).

03:22:45 PM  
Mr. Kip Kolkmeier, representing the Office of Legislative Legal Services, provided clarification on amendment L.002.


03:23:53 PM
Motion Adopt amendment L.002
Moved Wist
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
03:24:33 PM  
The co-sponsors provided closing remarks in support of HB 18-1303.


03:27:43 PM
Motion Refer House Bill 18-1303, as amended, to the Committee of the Whole.
Moved Wist
Seconded Lundeen
Benavidez No
Carver Yes
Herod Yes
Lundeen Yes
Melton Yes
Roberts Yes
Weissman No
Willett Yes
Wist Yes
Salazar No
Lee Yes
Final YES: 8   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB18-1398 - Referred to the Committee of the Whole


03:28:00 PM  

Representatives Gray and Wist, co-prime sponsors, presented House Bill 18-1398, concerning the statute of limitations for commencing a civil action in tort to recover damages for an act of domestic violence.  The sponsors explained the effect of the bill and discussed its need. Discussion ensued regarding what constitutes domestic violence for the purposes of the bill, and the potential for creating a toll for the domestic violence statute of limitations, rather than creating an extension. Representative Gray responded to questions regarding the need to secure a criminal conviction for domestic violence on a civil suit launched under the bill.

03:37:14 PM  
Ms. Pam Maas, representing herself, testified in support of the bill. Ms. Maas explained how the current statute of limitations for domestic violence civil suits is a barrier to seeking relief.
03:40:47 PM  

Ms. Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of HB 18-1398. Ms. Waligorski discussed the relationship between the bill and other legislation seeking to amend statutes of limitation. Ms. Lisa Clay, representing herself, testified in support of the bill.  She recounted her experience as a victim of domestic violence, and explained that the civil statute of limitations has been exhausted in her case. Ms. Ashley Chase, representing the Colorado Women's Bar Association, testified in support of the bill. Ms. Chase provided examples of how the current statute of limitations for civil domestic violence suits inhibits the pursuit of justice. Ms. Jennifer Anderson, representing the Department of Law, testified in support of the bill. Ms. Anderson explained why the current statute of limitations is too short.

03:54:26 PM  
No amendments were offered to HB 18-1398. Various committee members provided their positions on the bill, and the co-sponsors provided closing remarks in support of the bill.


03:59:26 PM
Motion Refer House Bill 18-1398 to the Committee of the Whole.
Moved Wist
Seconded Carver
Benavidez Yes
Carver Yes
Herod Yes
Lundeen Yes
Melton Yes
Roberts Yes
Weissman Yes
Willett Excused
Wist Yes
Salazar Yes
Lee Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB18-1409 - Amended, referred to House Appropriations


03:59:35 PM  

Representatives Lee and Herod, prime sponsors, presented House Bill 18-1409, concerning the creation of the Community Crime Survivors Grant Program, and, in connection therewith, paying for the grant program by creating a presumption in favor of granting parole to nonviolenct offenders. Representative Lee explained the effect of the bill and discussed its need.  Representative Herod provided input on the merits of the legislation.

04:05:42 PM  

Ms. Sharletta Evans, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Ms. Evans discussed the victims with whom she works, and recounted her family's experiences when her child was killed. She explained how certain services could have assisted her family. Mr. Juston Cooper, representing the Colorado Criminal Justice Reform Coalition, testified in support of HB 18-1409. He discussed his organization's work with crime victims in assessing their needs. Mr. David Works, representing Colorado Crime Survivors for Health, Safety, and Justice, testified in support of the bill. Mr. Works recounted a shooting that victimized him and his family, and discussed the benefits of services being made available to victims of crime. Mr. Jason Vitello, representing the Colorado Public Health Association, testified in support of the bill. He discussed the need for mental health services for men.

04:25:20 PM  
Ms. Nancy Lewis, representing the Colorado Organization for Victim Assistance, testified in support of the bill. Ms. Lewis responded to questions regarding definitions for certain terms in the bill.
04:29:27 PM  

Committee members received amendments L.001 (Attachment E), L.002 (Attachment F), and L.003 (Attachment G). Ms. Christie Donner, representing the Colorado Criminal Justice Reform Coalition, explained the effect of amendments L.002 and L.003. Discussion ensued regarding the amendments.



04:54:58 PM
Motion Adopt amendment L.001
Moved Lee
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


04:55:17 PM
Motion Adopt amendment L.002
Moved Lee
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


04:55:35 PM
Motion Adopt amendment L.003
Moved Lee
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
04:56:53 PM  
Representatives Herod and Lee provided closing remarks in support of HB 18-1409.


04:58:56 PM
Motion Refer House Bill 18-1409, as amended, to the Committee on Appropriations.
Moved Herod
Seconded Lee
Benavidez Yes
Carver No
Herod Yes
Lundeen No
Melton Yes
Roberts Yes
Weissman Yes
Willett Yes
Wist No
Salazar Yes
Lee Yes
Final YES: 8   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB18-1410 - Amended, referred to the Committee of the Whole


04:59:21 PM  

Representatives Lee and Herod, prime sponsors, presented House Bill 18-1410, concerning measures to address prison population increases.

05:01:04 PM  

Ms. Christina Rosendahl, representing the Department of Corrections, testified in support of the bill.

05:03:38 PM  

Representative Herod explained the effect of amendment L.001 (Attachment H).



05:04:33 PM
Motion Adopt amendment L.001
Moved Herod
Seconded Lee
Benavidez
Carver
Herod
Lundeen
Melton
Roberts
Weissman
Willett
Wist
Salazar
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:04:40 PM  

Representative Lee explained the effect of amendment L.002 (Attachment I).



05:06:28 PM
Motion Adopt amendment L.002
Moved Lee
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
05:06:29 PM  

Representative Lee explained the effect of amendment L.003 (Attachment J).



05:07:04 PM
Motion Adopt amendment L.003
Moved Lee
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
05:07:43 PM  
Representatives Herod and Lee provided closing remarks in support of HB 18-1410.


05:09:08 PM
Motion Refer House Bill 18-1410, as amended, to the Committee of the Whole.
Moved Lee
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



HB18-1418 - Committee Discussion Only


05:09:20 PM  

Representative Weissman, prime sponsor, presented House Bill 18-1418, concerning the use of criminal convictions in employment. Representative Weissman explained the effect of the bill and discussed its need. Representative Weissman explained the effect of amendment L.001 (Attachment K).  Discussion ensued regarding processes observed by the Colorado Commission on Criminal and Juvenile Justice.  The bill was laid over for consideration at a future meeting.


05:16:27 PM   Committee Adjourned






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