H_JUD_2023A 04/25/2023 09:42:14 AM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGHOUSE COMMITTEE ON JUDICIARY Date 04/25/2023 Attendance Armagost X Daugherty X Epps X Evans X Garcia X Luck X Marshall X Sharbini X Snyder X Soper X Woodrow X Bacon X Weissman X Time 09:42:14 AM to 01:19:50 PM Place Old State Library This Meeting was called to order by Weissman This Report was prepared by Bo Pogue Hearing Items Action Taken hHB23-1301 Referred to the Committee of the Whole hSB23-172 Referred to House Appropriations hSB23-193 Referred to the Committee of the Whole hSB23-247 Referred to the Committee of the Whole hSB23-022 Amended, referred to House Appropriations HB23-1301 - Referred to the Committee of the Whole 09:42:49 AM The committee was called to order. A quorum was present. Representatives Soper and Snyder, prime sponsors, presented House Bill 23-1301, concerning the nonsubstantive revision of Statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, imperfect, and inoperative law to preserve the legislative intent, effect, and meaning of the law. Representative Snyder explained the effect of the bill and discussed its need. Representative Soper provided additional information on the bill. No one testified on the bill, and no amendments were offered. The prime sponsors made closing remarks in support of HB 23-1301. 09:47:29 AM Motion Refer House Bill 23-1301 to the Committee of the Whole. Moved Soper Seconded Snyder Armagost Yes Daugherty Yes Epps Yes Evans Yes Garcia Yes Luck Yes Marshall Yes Sharbini Yes Snyder Yes Soper Yes Woodrow Yes Bacon Yes Weissman Yes Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB23-172 - Referred to House Appropriations 09:47:49 AM Representatives Bacon and Weissman, prime sponsors, presented Senate Bill 23-172, concerning protections for Colorado workers against discriminatory employment practices.. Representative Bacon explained the effect of the bill and discussed its need. Representative Weissman provided additional input on the merits of the legislation. Discussion ensued regarding the definition of "harassment" under the bill, and its impact on the threshold for bringing a claim under the bill. Discussion followed regarding record retention requirements under SB 23-172, and the "objective" standard contained in the bill. Discussion returned to the definition of "harassment" in the bill, and the mens rea element in activities that may be deemed harassment. 10:39:54 AM Mr. Ian Kalmanowitz, representing Colorado Plaintiff Employment Lawyers Association, testified in support of the bill. Commissioner Jessica Campbell-Swanson, representing Counties & Commissioners Acting Together (CCAT), testified in support of the bill. Iris Halpern, representing Colorado Women's Bar Association, testified in support of the bill. Ms. Sophie Mariam, representing Colorado Fiscal Institute, testified in support of the bill. Ms. Halpern responded to questions regarding how a claim is filed under SB 23-172. Mr. Kalmanowitz responded to questions regarding the stakeholding process in drafting the bill, and amendments attached to the bill in the Senate. 11:01:23 AM Ms. Ellen Buckley, representing Plaintiff Employment Lawyers Association and Women's Lobby of Colorado, testified in support of the bill. Sheron Pettiford, representing the AFL-CIO, testified in support of SB 23-172. Elizabeth Newman, representing Colorado Coalition Against Sexual Assault, testified in support of the bill. 11:12:12 AM Eric Bergman, representing CCI, testified to amend the bill. Mr. Tony Gaqliardi, representing National Federation of Independent Business (NFIB), testified in opposition to the bill. 11:17:21 AM Ms. Rachel Ellis, representing Colorado Plaintiffs Employer's Association, testified in support of the bill. Ms. Ellis responded to questions regarding language in SB 23-172 concerning petty slights and minor annoyances. 11:21:57 AM No amendments were offered to SB 23-172. Representatives Bacon and Weissman provided closing remarks in support of the bill. Various committee members provided their positions on the bill. 11:43:35 AM Motion Refer Senate Bill 23-172 to the Committee on Appropriations. Moved Bacon Seconded Weissman Armagost No Daugherty Yes Epps Yes Evans No Garcia Yes Luck No Marshall No Sharbini Yes Snyder Yes Soper No Woodrow Yes Bacon Yes Weissman Yes Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS SB23-193 - Referred to the Committee of the Whole 11:43:52 AM Representatives Weissman and Pugliese, prime sponsors, presented Senate Bill 23-193, concerning victim notification matters related to criminal proceedings. Representative Weissman explained the effect of the bill and discussed its need. Representative Pugliese provided additional input on the bill's merits. Representative Weissman responded to questions regarding the 15-day time period for notifying victims of offender discharge, and the definition of "notice" in state law. Representative Pugliese provided input on the latter issue. 11:57:42 AM No one testified regarding SB 23-193, and no amendments were offered to the bill. Representatives Pugliese and Weissman provided closing remarks in support of the bill. The committee recessed. 12:03:17 PM The committee returned to order. Representative Weissman addressed questions raised during earlier discussion. The bill sponsors resumed their closing remarks in support of SB 23-193. Various committee members weighed in on the bill. 12:06:35 PM Motion Refer Senate Bill 23-193 to the Committee of the Whole. Moved Weissman Seconded Sharbini Armagost Yes Daugherty Excused Epps Yes Evans Yes Garcia Yes Luck Yes Marshall Yes Sharbini Yes Snyder Yes Soper Excused Woodrow Excused Bacon Yes Weissman Yes Final YES: 10 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS SB23-247 - Referred to the Committee of the Whole 12:07:11 PM The committee recessed. 12:10:11 PM The committee returned to order. Representatives Soper and Sharbini, prime sponsors presented Senate Bill 23-247, concerning the establishment of the Division of Civil Protections and Rights in the Department of Law. Representative Soper explained the effect of the bill and discussed its need. Representative Sharbini provided further input on the operation of the bill. Representative Soper responded to questions regarding the reason for the organizational structuring under the bill. 12:14:07 PM Jefferey Riester, representing Department of Law, testified in support of the bill. Mr. Riester responded to questions regarding the organization of the Department of Law in the past, and the effect of the reorganization under SB 23-247. Representative Riester responded to further questions regarding the reasons for reorganizing the office in the manner done by the bill, the current work arrangements at the department, and the need for SB 23-247. Mr. Riester responded to questions regarding where certain divisions will be housed in the future. 12:28:02 PM No amendments were offered to SB 23-247. Representatives Soper and Sharbini provided closing remarks in support of the bill. Discussion ensued regarding the merits of the bill. 12:31:26 PM Motion Refer Senate Bill 23-247 to the Committee of the Whole. Moved Soper Seconded Sharbini Armagost Yes Daugherty Yes Epps No Evans Yes Garcia Yes Luck No Marshall Yes Sharbini Yes Snyder Yes Soper Yes Woodrow Yes Bacon Yes Weissman Yes Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS SB23-022 - Amended, referred to House Appropriations Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/8E3E4173BC11...$File/Attachment A.pdf?OpenElement Attachment A.pdf 12:31:33 PM The committee recessed. 12:41:14 PM The committee returned to order. The committee moved to the amendment phase for Senate Bill 23-022, concerning adding aggravated motor vehicle theft to the list of convictions that apply to the offense of possession of weapons by previous offenders. The committee heard and amended the bill at its April 18 meeting, and rescinded the amendment at its April 19 meeting, leaving the bill unamended and available for further action. Representative Evans explained the effect of amendment L.006 (Attachment A). Discussion ensued regarding the effect and merits of the amendment. Discussion followed regarding the genesis of the amendment. 01:05:59 PM Motion Adopt amendment L.006 Moved Evans Seconded Sharbini Armagost Yes Daugherty Yes Epps No Evans Yes Garcia Yes Luck Yes Marshall Yes Sharbini Yes Snyder Yes Soper Yes Woodrow Yes Bacon No Weissman No YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS 01:06:00 PM Representatives Bird and Evans provided closing remarks in support of SB 23-022. Various committee members provided their positions on the bill. 01:19:36 PM Motion Refer Senate Bill 23-022, as amended, to the Committee on Appropriations. Moved Evans Seconded Armagost Armagost Yes Daugherty Yes Epps No Evans Yes Garcia No Luck Yes Marshall Yes Sharbini Yes Snyder Yes Soper Yes Woodrow No Bacon No Weissman No Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS 01:19:50 PM The committee adjourned.