H_JUD_2017A 03/16/2017 Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
| Date: | 03/16/2017 |
ATTENDANCE
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| Time: | 01:38 PM to 07:48 PM |
Benavidez
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X
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Foote
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X
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| Place: | RM 271 |
Herod
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X
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Lawrence
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*
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| This Meeting was called to order by |
Lundeen
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X
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| Representative Lee |
Melton
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X
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Weissman
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X
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| This Report was prepared by |
Willett
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*
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| Bo Pogue |
Wist
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X
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Salazar
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X
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Lee
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X
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| HB17-1132 HB17-1072 HB17-1230 |
Amended, Laid Over Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole |
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01:39 PM -- HB17-1132
The committee was called to order. A quorum was present. Representative Lundeen, prime sponsor, presented House Bill 17-1132, concerning judicial disqualification in civil actions. Representative Lundeen explained the effect of the bill and discussed its need. He discussed the effect of some forthcoming amendments, and responded to questions regarding the stakeholder process that resulted in the bill. Representative Lundeen responded to questions regarding how a judge is disqualified under strike-below amendment L.006 (Attachment A), and the ability of the General Assembly to set procedure for the judiciary.
17HouseJud0316AttachA.pdf
01:57 PM
Discussion ensued regarding the time frame for disqualifying a judge under the bill, and the motion for disqualifying a judge. The following persons testified regarding HB 17-1132:
02:01 PM -- Ms. Amy DeVan, representing the Colorado Bar Association, testified in opposition to the bill. Ms. DeVan discussed the effect of the bill on the ability of judges to manage their caseloads, and expressed concerns about the bill leading to removal of judges for improper reasons. Ms. DeVan responded to questions regarding the disruption of the judicial process by removal of judges. Discussion ensued regarding the potential abuse of process under HB 17-1132.
02:17 PM
Discussion continued regarding the potential for those before the court to engage in "gamesmanship" under the bill, and certain practical considerations with respect to the legislation. Discussion followed regarding the potential impact of the bill on the judiciary in rural areas.
02:32 PM -- Ms. Kayla Dreyer, representing the Colorado Bar Association, testified in opposition to the bill. Ms. Dreyer discussed the processes in place to allow for judicial discipline. Ms. Dreyer responded to questions regarding judicial disqualification during the course of a case, and data concerning motions to disqualify a judge. Discussion ensued regarding judicial discretion on the matter of allowing an appeal.
02:39 PM -- Mr. David Hollenbach, representing himself, testified in support of the bill. Mr. Hollenbach discussed flaws in the current recusal laws for judges, and the impact a conflicted judge had on his business. Mr. Hollenbach responded to questions regarding the timeline of his case.
02:54 PM -- Mr. Terry Scanlon, representing the Judicial Department, testified on the bill for information purposes. Mr. Scanlon addressed questions raised during earlier testimony. Mr. Chris Ryan, representing the Judicial Department, responded to questions regarding caselaw associated with appeals of abuse of discretion by judicial officers, and the process associated with removing a judge.
03:14 PM
Discussion continued regarding the process associated with removing a judge.
03:18 PM -- Ms. Sophia San Miguel, representing herself, testified in support of the bill.
03:22 PM
| BILL: | HB17-1132 | |
| TIME: | 03:22:43 PM | |
| MOVED: | Lundeen | |
| MOTION: | Adopt amendment L.006 (Attachment A). The bill was laid over. | |
| SECONDED: | Willett | |
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VOTE
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Benavidez
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Foote
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Herod
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Lawrence
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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| BILL: | HB17-1132 | |
| TIME: | 03:23:21 PM | |
| MOVED: | Lundeen | |
| MOTION: | Adopt amendment L.007 (Attachment B). The motion passed without objection.17HouseJud0316AttachB.pdf |
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| SECONDED: | Wist | |
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VOTE
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Benavidez
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Foote
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Herod
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Lawrence
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:25 PM
The chair laid over HB 17-1132.
03:26 PM -- HB17-1072
Representative Lawrence and Landgraf, prime sponsor, presented House Bill 17-1072, concerning human trafficking for sexual servitude. The committee heard testimony on the bill at its February 7 meeting. Representative Lawrence explained the effect of the bill as amended by amendments L.006 (Attachment C) and L.007 (Attachment D). Representative Landgraf provided input on the amendments. Discussion ensued regarding amendment L.007, and stakeholder work on the amendments. The following persons testified regarding the bill:
17HouseJud0316AttachC.pdf 17HouseJud0316AttachD.pdf
03:37 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified on the bill. Ms. Cain expressed reservations about certain language in the amendments. Discussion ensued regarding the language.
03:47 PM -- Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, and Mr. Scott Turner, representing the Attorney General's Office, testified in support of the bill, as amended. Mr. Hanuman discussed the benefits of the amendments, and recounted some issues raised about the bill, both in the previous committee hearing on the bill and by certain stakeholders. Discussion ensued regarding how best to proceed with the bill and amendments.
04:01 PM
Mr. Turner responded to questions regarding the ability of prosecutors to prosecute human trafficking under current law and the bill as amended, were certain language removed from the proposed amendments.
| BILL: | HB17-1072 | |
| TIME: | 04:05:15 PM | |
| MOVED: | Lawrence | |
| MOTION: | Adopt amendment L.006 (Attachment C). The motion passed without objection. | |
| SECONDED: | Salazar | |
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VOTE
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Benavidez
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Foote
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Herod
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Lawrence
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:05 PM
| BILL: | HB17-1072 | |
| TIME: | 04:05:47 PM | |
| MOVED: | Lawrence | |
| MOTION: | Adopt amendment L.007 (Attachment D), as amended. The motion passed without objection. | |
| SECONDED: | Salazar | |
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VOTE
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Benavidez
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Foote
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Herod
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Lawrence
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB17-1072 | |
| TIME: | 04:06:16 PM | |
| MOVED: | Salazar | |
| MOTION: | Amendment amendment L.007, page 1, strike lines 13 and 14, and strike lines 25 through 29. The motion passed without objection. | |
| SECONDED: | Herod | |
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VOTE
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Benavidez
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Foote
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Herod
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Lawrence
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:08 PM
| BILL: | HB17-1072 | |
| TIME: | 04:08:45 PM | |
| MOVED: | Lawrence | |
| MOTION: | Refer House Bill 17-1072, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Lundeen | |
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VOTE
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Benavidez
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Yes
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Foote
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Yes
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Herod
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Yes
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Lawrence
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Yes
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Lundeen
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Yes
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Melton
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Yes
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Weissman
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Yes
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Willett
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Yes
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Wist
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Yes
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Salazar
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Yes
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Lee
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:10 PM
The committee recessed.
04:39 PM -- HB17-1230
The committee returned to order. Representatives Salazar and Esgar, prime sponsors, presented House Bill 17-1230, concerning protection for Colorado residents from federal government overreach based on a person's status. Committee members received a list of organizations supporting the bill (Attachment E) and a fact sheet (Attachment F). Representative Salazar discussed the genesis of the bill and explained its effect. He also discussed the effect of a forthcoming amendment.
17HouseJud0316AttachE.pdf 17HouseJud0316AttachF.pdf
04:49 PM
Representative Esgar explained why she is supporting HB 17-1230. The following persons testified regarding HB 17-1230:
04:51 PM -- Dr. JoAnn Fujioka, representing herself, testified in support of the bill. Dr. Fujioka discussed her experiences during the 1940s when she was interned in a camp, and the actions of Governor Ralph Carr. Dr. Fujioka responded to questions regarding her family's expectations when those of Japanese descent were being moved into internment camps.
05:01 PM -- Ms. Charlene Hardcastle, representing herself, testified in opposition to the bill. Ms. Hardcastle explained that the bill would create the impression that Colorado is a "sanctuary state". Ms. Hardcastle responded to questions regarding what constitutes a sanctuary entity.
05:07 PM -- Ms. Robin Yasui, representing the Minoru Yasui Legacy Project Coalition for an Inclusive Colorado, testified in support of the bill. Ms. Yasui discussed the internment of those of Japanese descent during World War II, and the importance of resisting certain government activities based on ethnicity or religious affiliation. She discussed the work of her relatives to resist the internment of Japanese-Americans.
05:14 PM -- Mr. Kian Ipakchi-Saiy, representing himself, testified in support of the bill. He discussed his background. Committee members received copies of Mr. Ipakchi-Saiy's testimony (Attachment G).
17HouseJud0316AttachG.pdf
05:19 PM -- Ms. Pantea Beigi, representing the Spring Institute, testified in support of the bill. She discussed actions that the federal government took in 2002 with respect to creating a Muslim registry, and the impact on certain communities. Mr. Ipakchi-Saiy responded to questions regarding bullying in school based on ethnicity, and his support for HB 17-1230. Ms. Beigi responded to questions regarding participation by the state of California with the Muslim registry in 2002.
05:31 PM -- Ms. Iman Jodeh, representing the Interfaith Alliance and the Colorado Muslim Society, testified in support of the bill. Ms. Jodeh discussed the obligation of the state to protect certain communities, and spoke of the virtues of her community. She discussed injustices that have been perpetrated on her. Ms. Jodeh responded to questions regarding the crime rates of immigrants.
05:37 PM -- Ms. Eleanor Cabell, representing Indivisible Colorado and the Colorado Coalition for Reproductive Rights, testified in support of the bill. Ms. Cabell explained how the bill protects individual liberty, citing certain sections of the U.S. and Colorado Constitutions. Ms. Cabell responded to questions regarding the applicability of the U.S. Constitution to immigrants. Discussion ensued regarding a federal firearms registry.
05:47 PM -- Ms. Denise Maes, representing the ACLU, testified in support of HB 17-1230. Ms. Maes explained that state resources should be used for state issues, and noted that the bill will enhance community trust in government. Ms. Maes responded to questions regarding the interplay between the bill and certain executive orders on immigration issues, and the definition of sanctuary city.
05:57 PM -- Ms. Nushin Farjadi, representing herself, testified in support of the bill. Ms. Farjadi read a poem, and discussed her background. She discussed some harassment her son has experienced in school, as well as some harassment she has experienced.
06:02 PM -- Mr. Michael Bellmont, representing himself, testified in support of the bill. Mr. Bellmont cited the value of immigration, and sang a song.
06:06 PM -- Mr. Karl Chwe, representing the Indivisible Front Range Resistance, testified in support of the bill. Mr. Chwe read a statement. Committee members received a packet of information, including Mr. Chwe's statement (Attachment H).
17HouseJud0316AttachH.pdf
06:10 PM -- Ms. Debbie Barris, representing the people of planet Earth, testified in support of the bill.
06:12 PM -- Mr. Kyle Huelsman, representing the Colorado Immigrant Rights Coalition, testified in support of the bill. Mr. Huelsman clarified the effect of the legislation.
06:15 PM -- Ms. Jill Wildenberg, representing the Interfaith Alliance of Colorado, testified in support of the bill. Ms. Wildenberg discussed the plight of the Jews, and the merits of HB 17-1230.
06:18 PM -- Mr. Justin Valas, representing himself, testified in support of HB 17-1230. Mr. Valas discussed the necessity of passing the bill, citing the circumstances surrounding the internment of those of Japanese descent during World War II.
06:24 PM -- Ms. Karla Gonzales Garcia, representing COLOR, testified in support of the bill. Ms. Gonzales Garcia reiterated the effect of the legislation, and noted the efforts of Governor Ralph Carr to oppose internment.
06:27 PM -- Ms. Amy Marshall, representing herself, testified in support of the bill. Ms. Marshall read a letter authored by a friend, and read a statement of her own.
06:31 PM -- Mr. John Edward Soto, representing Developing an Active Latino Electorate, testified in support of the bill. Mr. Soto spoke against creating a federal registry based on religion, and cited U.S. Supreme Court jurisprudence.
06:34 PM -- Dr. Sarah Hemeida, representing herself, testified in support of the bill. Dr. Hemeida listed her reasons for supporting the bill, and noted a rise in fear among certain communities. Dr. Hemeida responded to questions regarding treatment of immigrants at Denver Health.
06:40 PM -- Ms. Palwasha Khan, representing herself, testified in support of HB 17-1230. Ms. Khan discussed the contribution of Muslims to the United States.
06:43 PM -- Ms. Andrea Chiriboga-Flor, representing 9 to 5 Colorado and Colorado Homes for All, testified in support of the bill. Ms. Chiriboga-Flor discussed the centrality of housing, and the displacement of certain communities. She also discussed fear experienced by certain communities.
06:47 PM -- Ms. Laurel Hayden, representing FRESC, testified in support of the bill. Ms. Hayden discussed fear experienced by certain communities.
06:49 PM -- Mr. Miguel Ceballos, representing himself, testified in support of the bill. Mr. Ceballos discussed his emigration to the United States, and the need for protections by certain communities.
06:52 PM -- Ms. Kiersten Chartier, representing herself, testified in support of the bill. Ms. Chartier discussed her experiences abroad, and spoke against a hostile environment created by the federal government.
06:55 PM -- Ms. Julie Gonzales, representing the Meyer Law Office, PC, testified in support of HB 17-1230. She discussed the work of her office, and executive orders signed by the President. She discussed activities undertaken by the federal Immigration and Customs Enforcement Agency.
06:59 PM -- Ms. Willow Arnold, representing the Colorado Hispanic Bar Association, testified in support of the bill. Ms. Arnold spoke in support of equal treatment before the law. Ms. Arnold read the testimony of Ruth Mackey (Attachment I).
17HouseJud0316AttachI.pdf
07:01 PM
Committee members received a packet of letters supporting the bill (Attachment J). Representative Salazar explained the effect of amendment L.002 (Attachment K ). Discussion ensued regarding the position of law enforcement on the amendment, and the sharing of information
17HouseJud0316AttachJ.pdf 17HouseJud0316AttachK.pdf
| BILL: | HB17-1230 | |
| TIME: | 07:02:23 PM | |
| MOVED: | Salazar | |
| MOTION: | Adopt amendment L.002 (Attachment K). The motion passed on a vote of 7-4. | |
| SECONDED: | Melton | |
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VOTE
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Benavidez
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Yes
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Foote
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Yes
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Herod
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Yes
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Lawrence
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No
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Lundeen
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No
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Melton
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Yes
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Weissman
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Yes
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Willett
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No
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Wist
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No
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Salazar
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Yes
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Lee
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Yes
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YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
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07:08 PM
Discussion ensued regarding the position of the Ralph Carr family on HB 17-1230, and the title of the bill. A statement was entered into the record. Representatives Salazar and Esgar provided closing remarks in support of the bill. Various committee members provided their positions on the legislation.
| BILL: | HB17-1230 | |
| TIME: | 07:11:20 PM | |
| MOVED: | Salazar | |
| MOTION: | Refer House Bill 17-1230, as amended, to the Committee of the Whole. The motion passed on a vote of 7-4. | |
| SECONDED: | Herod | |
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VOTE
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Benavidez
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Yes
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Foote
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Yes
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Herod
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Yes
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Lawrence
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No
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Lundeen
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No
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Melton
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Yes
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Weissman
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Yes
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Willett
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No
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Wist
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No
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Salazar
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Yes
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Lee
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Yes
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Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
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07:48 PM
The committee adjourned.