EDFC1E2BDA7E9E8187258972007335D6 Hearing Summary

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.

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.

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.

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.

Representative Ortiz explained the effect of amendment L.001 (Attachment A). Discussion ensued regarding the merits of the amendment.

Representative Ortiz explained the effect of amendment L.003 (Attachment B).

Representative Ortiz explained the effect of amendment L.005 (Attachment C).

Representative Ortiz provided closing remarks in support of HB 23-1032. Various committee members provided their positions on the bill.