H_JUD_2024A 03/06/2024 01:39:55 PM Committee Summary

The committee was called to order. A quorum was present. Representatives Winter and Snyder, prime sponsors, presented House Bill 24-1244, concerning the circumstances under which an autopsy report prepared in connection with the death of a minor may be released to certain parties. Representative Snyder explained the effect of the bill and discussed its need. Representative Snyder responded to questions regarding amendments to the bill.  Public comment may be found in Attachment A.

Ms. Courtenay Whitelaw, representing herself, testified in support of the bill.

Mr. Matthew Stewart, representing himself, testified in support of the bill.

Ms. Jaime Pyrtle, representing themself, testified in support of the bill.

Ms. Hannah Quinn, representing themself, testified in support of the bill.

Mr. Kevin Vaughan, representing Colorado Freedom of Information Coalition, Colorado Broadcasters Association, testified in opposition to the bill. Ms. Kelly Garcia Brauch, representing themself, testified in opposition to the bill. Mr. Tim Regan-Porter, representing Colorado Press Association, testified in opposition to the bill. Ms. Dana Coffield, representing The Colorado Sun, testified in opposition to the bill. Ms. Candance White, representing themself, testified in opposition to the bill. Discussion ensued regarding some potential amendments to the bill that may make HB 24-1244 more palatable to the opponents, and information access issues for the press and others created by the bill. Discussion followed regarding how crimes are discovered by the press.

Ms. Lily Rottenborn, representing herself, testified in support of the bill. Ms. Jennifer Swain, representing herself, testified in support of the bill. Mr. Michael Allen, representing 4th Judicial District Attorney's Office, testified in support of the bill. Mr. Dan Olson, representing himself, testified in support of the bill. Discussion ensued regarding juvenile confidentiality in other areas of law.

Ms. Kelly Dietz, representing 7News/Colorado Broadcasters Association, testified in opposition to the bill. Ms. Kazi Houston, representing Rocky Mountain Victim Law Center, testified in support of the bill. Mr. Randy Keller, representing Colorado Coroners Association, testified in support of the bill. Mr. Tim Lopez, representing himself, testified in support of the bill. Mr. Al Stauch, representing himself, testified in support of the bill. Ms. Adriana Robson, representing herself, testified in support of the bill. Mr. Brian Cotter, representing Colorado Coroners Association, testified in support of the bill.

Representative Snyder explained the effect of amendment L.004 (Attachment B).

Discussion ensued regarding the potential for additional amendments to HB 24-1244 in the future.

Representatives Snyder and Winter provided closing remarks in support of HB 24-1244. Various committee members commented on the bill.

The committee recessed.

The committee returned to order. Representatives McCluskie and deGruy Kennedy, prime sponsors, presented Senate Bill 24-157, concerning clarifying the application of the Colorado Open Meetings Law to the Colorado General Assembly. Representative McCluskie explained the effect of the bill and discussed its need. Representative deGruy Kennedy provided additional input on the bill.  Public comment on SB 24-157 may be found at Attachment C.

Mr. Jeff Roberts, representing Colorado Freedom of Information Coalition, testified in opposition to the bill.

Kathleen Gegner, representing herself, testified in opposition to the bill.

Tim Regan-Porter, representing the Colorado Press Association, testified on SB 24-157 from an amend position.

Natalie Menten, representing themself, testified in opposition to the bill.

Linda Hutchinson, representing the League of Women Voters of Colorado, testified in opposition to the bill.

Discussion ensued regarding the ability of legislators to confer with each other outside of open meetings under the bill, and the promotion of transparency by the bill. Mr. Roberts responded to questions regarding his experiences in approaching legislators in an open meeting context.

Representative Elisabeth Epps, representing herself, testified in opposition to SB 24-157.

Representative Epps responded to questions regarding potential amendments to the bill.

No amendments were offered to SB 24-157. Representatives deGruy Kennedy and McCluskie provided closing remarks in support of the bill. Various committee members provided their positions on the bill.

The committee recessed.

The committee returned to order. Representatives Joseph and Vigil, prime sponsors, presented House Bill 24-1289, concerning the establishment of workload standards by the Office of the State Public Defender to prevent excessive workloads for deputy public defenders. Representative Joseph explained the effect of the bill and discussed its need. Representative Vigil provided further input on the bill. Discussion ensued regarding amendment L.001 (Attachment D).  Public comment on HB 24-1289 may be found at Attachment E.

Ms. Kiyomi Bolick, representing Defenders Union of Colorado, testified in support of the bill.

Mr. Stephen Hanlon, representing himself, testified in support of the bill.

Mr. Hunter Parnell, representing himself, testified in support of the bill.

Mr. James Hardy, representing Defenders Union of Colorado, testified in support of the bill.

Discussion ensued regarding the ability of lawyers to withdraw from defense cases, and creation of workload standards. Discussion followed regarding workload standards in other states, and funding sources for public defense. Discussion turned to retention levels for public defenders.

Ms. Megan Ring, representing Office of the State Public Defender, testified to amend the bill.

Mr. David Kaplan, representing Colorado State Public defender, testified to amend the bill.

Greg Greer, representing himself, testified to amend the bill.

Ms. Lucienne Ohanian, representing Colorado Public Defender, testified to amend the bill.

Discussion ensued regarding the next step in the process after workload studies have been conducted, and the adequacy of representation provided by public defenders. Discussion followed regarding the level at which the Office of State Public Defender is underfunded. Discussion returned to employee retention in the office.

Montana Fay, representing the Office of State Public Defender, testified on HB 24-1289.

Ms. Margaret Farrell, representing herself, testified in support of the bill.

Ms. Emma Mclean-Riggs, representing American Civil Liberties Union of Colorado, testified in support of the bill.

Ruth Swift, representing herself, testified in support of the bill.

Steve Colvin, representing Public Defenders, testified to amend the bill. Ms. Joyce Akhahenda, representing Office of the State Public Defender, testified to amend the bill. Ms. Jamie Keairns, representing Colorado State Public Defender, testified to amend the bill. Mr. Ara Ohanian, representing Office of the State Public Defender, testified to amend the bill. James Karbach, representing the Office of State Public Defender, testified on the bill, clarifying the office's position on the the bill if it is amended. Mr. Karbach clarified the office's position on HB 24-1289 as amended, and responded to questions regarding factors to be considered in creating workload standards.

Representative Joseph reiterated the effect of amendment L.001.

Representative Vigil explained the effect of amendments L.007 (Attachment F), L.008 (Attachment G), L.009 (Attachment H), and L.010 (Attachment I).

Representatives Vigil and Joseph provided closing remarks in support of HB 24-1289. Various committee members provided their positions on the bill.

Representative Lynch, prime sponsor, presented House Bill 24-1306, concerning an increase in the criminal penalty associated with possession of synthetic opiates. Representative Lynch explained the merits of the bill and need for it. He discussed fentanyl deaths. Representative Lynch responded to questions regarding factors driving fentanyl deaths, and data associated these deaths. Representative Lynch responded to further questions regarding his efforts to attain data from state agencies, and sentencing for certain crimes associated with controlled substances. Discussion ensued regarding the fiscal impact of the bill. Representative Lynch responded to questions regarding diversion under the bill, and the potential deterrent effect of the penalties in the bill.  Public comment on HB 24-1306 may be found at Attachment J.

Ms. Debby Garcia, representing themself, testified in support of the bill.

Ms. Miki Sedivy, representing herself, testified in support of the bill.

Ms. ANDREA THOMAS, representing VOICES FOR AWARENESS FACING FENTANYL, testified in support of the bill.

Mr. MICHAEL FIORE, representing himself, testified in support of the bill.

Mr. Fiore responded to questions regarding how he came into recovery from controlled substance addiction, and the potential effect of the increased penalties under HB 24-1306. Discussion ensued regarding penalizing those who are unaware that they have fentanyl. Mr. Fiore responded to further questions regarding his recovery.

Mr. CHARLES THOMAS, representing himself, testified in support of the bill. Ms. Tricia Otto, representing herself, testified in a neutral position on the bill. Ms. Kira O'Connor, representing herself, testified in support of the bill. Marshall Weaver, representing themself, testified in support of the bill. DeputyChief Sadar, representing Colorado Association of the Chiefs of Police - Commerce City Police Department, testified in support of the bill. Mr. Weaver responded to questions regarding the knowledge of drug dealers of changing drug laws, and motivations for dealing drugs. Deputy Sadar responded to questions regarding the position of law enforcement on certain legislation passed in past legislative sessions. Ms. Otto responded to questions regarding the basis of her support for the bill.

Ginny Burton, representing themself, testified in support of the bill. Ms. Burton responded to questions regarding escaping addiction.

Dr. Katherine LeMasters, representing herself, testified in opposition to the bill.

Dr. Hannan Braun, representing himself, testified in opposition to the bill.

Ms. Racquel Garcia, representing herself, testified in opposition to the bill.

Jeremy Jon-Pavlik Wiebelhaus, representing himself, testified against HB 24-1306.

Dr. LeMasters responded to questions regarding drug overdose following incarceration, and the deterrent impact of a felony charge in comparison to a misdemeanor charge. Discussion ensued regarding what prompted two of the witnesses to seek recovery from addiction. Dr. Braun responded to questions regarding the effects of fentanyl. Discussion followed regarding incorporating experiences into policy. Ms. Garcia provided additional comments on her experiences.

Ms. Betsy Craft, representing the Colorado Drug Policy Coalition, testified in opposition to the bill.

Jason Vitello, representing the Colorado Criminal Justice Reform Coalition, testified in opposition to HB 24-1306.

Andrew West, representing Colorado Coalition for the Homeless, testified in opposition to the bill.

Rebecca Wallace, representing Colorado Freedom Fund, testified in opposition to the bill.

Discussion ensued regarding the impacts of defelonization of certain drug-related crimes, and methods for deterring drug use. Discussion followed regarding how to implement the bill, and the amount of the substances listed in the bill that would trigger felony charges.

Brea Consella, representing herself, testified in opposition to HB 24-1306.

Devon Peavy, representing Sobriety House, testified in opposition to the bill.

Mr. Michael Neil, representing Colorado Cross-Disability Coalition, testified in opposition to the bill.

KRYSTYN HARTMAN, representing themself, testified in opposition to the bill.

Discussion ensued regarding potential deterrent effects with respect to illegal substances.

Representative Lynch explained the effect of amendment L.001 (Attachment K). Discussion ensued regarding the effect of the bill.

Representative Lynch provided closing remarks in support of HB 24-1306. Various committee members provided their positions on the bill.

Representative Parenti and Bacon, prime sponsors presented House Bill 24-1230, concerning protections for property owners with respect to improvements to real property. Representative Parenti explained the effect of the bill and discussed its need. Representative Bacon provided additional input on the merits of the legislation. Discussion ensued regarding the potential impact of the bill on home-building costs, and the reasons why developers are not building condominiums. Discussion ensued regarding the data supporting the increase of the statutory limitation period for pursuing construction defect actions.  Public comment on HB 24-1230 may be found at Attachment L.

Jenifer Miller, representing herself, testified in support of the bill.

Daniel Gonzalez, representing himself, testified in support of the bill.

Lauren Smith, representing Soul 2 Soul Sisters, testified in support of the bill.

Ashraf Shaikh, representing himself, testified in support of the bill.

Mr. Nikolaus Remus, representing Colorado Chapter of the American Institute of Architects, testified in opposition to the bill.

Mr. Michael Gifford, representing AGC Colorado, testified in opposition to the bill.

Mr. Ted Leighty, representing Colorado Association of Home Builders, testified in opposition to the bill.

Mr. Leighty responded to questions regarding his preferred form of relief for those who suffer losses from defective construction, and data surrounding insurance for new property. Mr. Gifford provided examples of condominium lawsuits. Mr. Leighty responded to questions regarding construction defect laws in other states, and the impact of these laws on condominium construction. Discussion returned to insurance.

David Seligman, representing Towards Justice, testified in support of the bill.

Heidi Storz, representing herself, testified in support of the bill.

Mike Lowder, representing himself, testified in support of the bill.

Ms. Storz responded to questions regarding different legal thresholds with respect to construction defects, and defect laws in other states. Discussion ensued regarding waiver of certain rights to relief, and damages associated with strict liability. Discussion followed regarding the existence of frivolous lawsuits with respect to construction defects. Mr. Seligman responded to questions regarding deceptive trade practices in the area of construction defects.

Representative Parenti explained the effect of amendment L.001 (Attachment M).

Representatives Parenti and Bacon provided closing remarks in support of HB 24-1230. Various committee members provided their positions on the bill.