H_JUD_2017A 03/21/2017 Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
| Date: | 03/21/2017 |
ATTENDANCE
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| Time: | 11:07 AM to 05:48 PM |
Benavidez
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X
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Carver
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X
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| Place: | HCR 0112 |
Foote
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X
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Herod
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X
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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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X
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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: | ||
| SB17-036 HB17-1162 SB17-177 HB17-1209 SB17-027 |
Amended, Referred to the Committee of the Whole Amended, Referred to House Appropriations Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to House Finance |
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11:08 AM -- SB17-036
The committee was called to order. All members were present. Representatives Arndt and Becker J., prime sponsors, presented Senate Bill 17-036, concerning the appellate process governing a district court's review of final agency actions concerning groundwater. The committee heard testimony on the bill at its March 7 meeting. Representative Willett explained the effect of amendments L.010 (Attachment A), L.012 (Attachment B), and L.013 (Attachment C). Discussion ensued regarding the merits of the amendments. Ms. Jen Berman, Office of Legislative Legal Services, provided input on the potential harmonization of the amendments.
17HouseJud0321AttachA.pdf 17HouseJud0321AttachB.pdf
17HouseJud0321AttachC.pdf
| BILL: | SB17-036 | |
| TIME: | 11:23:35 AM | |
| MOVED: | Willett | |
| MOTION: | Adopt amendment L.013 (Attachment C), as amended, page 1, line 3, strike "may" and substitute "shall". A substitute motion to adopt amendment L.015 passed. | |
| SECONDED: | Lundeen | |
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VOTE
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Benavidez
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Carver
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Foote
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Herod
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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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12:01 PM
The committee recessed.
01:32 PM
The committee returned to order. Discussion ensued regarding the effect of amendment L.015 (Attachment D).
17HouseJud0321AttachD.pdf
| BILL: | SB17-036 | |
| TIME: | 01:35:53 PM | |
| MOVED: | Salazar | |
| MOTION: | Adopt amendment L.015 (Attachment D). The motion passed without objection. | |
| SECONDED: | Melton | |
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VOTE
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Benavidez
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Carver
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Foote
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Herod
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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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01:36 PM
Representative Willett explained the effect of amendment L.011 (Attachment E).
17HouseJud0321AttachE.pdf
| BILL: | SB17-036 | |
| TIME: | 01:37:12 PM | |
| MOVED: | Willett | |
| MOTION: | Adopt amendment L.011 (Attachment E). The motion passed without objection. | |
| SECONDED: | Wist | |
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VOTE
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Benavidez
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Carver
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Foote
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Herod
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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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01:38 PM
Discussion ensued regarding amendment L.010. Representative Arndt provided closing remarks in support of SB 17-036. Various committee members provided their positions on the bill.
| BILL: | SB17-036 | |
| TIME: | 01:40:04 PM | |
| MOVED: | Salazar | |
| MOTION: | Refer Senate Bill 17-036, 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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No
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Carver
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No
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Foote
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Yes
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Herod
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Yes
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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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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: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
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01:46 PM
Representative Gray, prime sponsor, presented House Bill 17-1162, concerning action that can be taken against an individual based on the individual's failure to pay for a traffic violation. Representative Gray explained the effect of the bill and discussed its need. Representative Gray responded to questions regarding the impact of the bill on affected government personnel, from law enforcement officers to court personnel, and offenders.
01:56 PM -- Mr. Corey Hoffmann and Ms. Sue Radcliffe, representing the Town of Parker, testified in support of the bill. Mr. Hoffmann discussed the merits of strike-below amendment L.002 (Attachment F), and explained the penalty structure created by it. Mr. Hoffman responded to questions regarding entities that support the bill. Ms. Radcliffe discussed support for the bill from municipal court administrators, and further explained the benefits of the bill.
17HouseJud0321AttachF.pdf
02:00 PM -- Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson explained how certain populations get caught in the criminal justice system as a result of traffic violations.
02:02 PM -- Mr. Ted Trujillo, representing the Division of Motor Vehicles within the Department of Revenue, testified on the bill, making himself available for questions. Mr. Trujillo explained how the bill would change administrative practice in the division.
02:04 PM -- Ms. Meghan Dollar, representing the Colorado Municipal League, testified in support of HB 17-1162. Ms. Dollar discussed some benefits of the bill, and noted support for the bill from additional entities. Ms. Dollar responded to questions regarding whether the penalties applied under the bill will create a meaningful deterrent to traffic infractions.
02:07 PM -- Ms. Denise Maes and Ms. Becca Curry, representing the ACLU, testified in support of the bill. Ms. Curry discussed the penalties associated with certain traffic infractions under current law, and the ramifications of a driver's license suspension. She cited an instance of a driver's license cancellation.
02:13 PM -- Mr. John Vecchiarelli, representing the Division of Taxation within the Department of Revenue, made himself available to respond to questions. Discussion ensued regarding a provision in the bill removed by amendment L.002, and the fiscal impact of the amendment. Mr. Ryan Long, Legislative Council Staff, discussed the fiscal ramifications of passing amendment L.002.
02:17 PM -- Ms. Sophie San Miguel, representing herself, testified on the bill.
02:19 PM
| BILL: | HB17-1162 | |
| TIME: | 02:19:45 PM | |
| MOVED: | Salazar | |
| MOTION: | Adopt amendment L.002 (Attachment F). The motion passed without objection. | |
| SECONDED: | Weissman | |
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VOTE
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Benavidez
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Carver
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Foote
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Herod
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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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02:20 PM
Representative Gray provided closing remarks in support of HB 17-1162. Various committee members provided their positions on the bill.
| BILL: | HB17-1162 | |
| TIME: | 02:20:55 PM | |
| MOVED: | Salazar | |
| MOTION: | Refer House Bill 17-1162, as amended, to the Committee on Appropriations. The motion passed on a vote of 10-1. | |
| SECONDED: | Weissman | |
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VOTE
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Benavidez
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Yes
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Carver
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No
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Foote
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Yes
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Herod
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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: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:26 PM
The committee recessed.
02:30 PM -- SB17-177
The committee returned to order. Representative Rosenthal, prime sponsor, presented Senate Bill 17-177, concerning amending the definition of "special respondent" in the Children's Code to allow a person to be voluntarily joined in a dependency or neglect proceeding. The following persons testified concerning the bill:
02:32 PM -- Mr. Bruce Barker, representing Weld County, testified in support of the bill. Mr. Barker responded to questions regarding the function of a special respondent in a dependency or neglect proceeding, and the impact of a nonappearance by a voluntary participant under the bill. Mr. Barker responded to further questions regarding the court's responsibility to limit the number of voluntary participants in a dependency or neglect case.
02:37 PM -- Ms. Dorothy Macias, representing the Office of the Child's Representative, testified in support of the bill. Ms. Macias clarified the effect of the legislation. Ms. Macias responded to questions regarding the effect of the bill on involuntary participants in dependency or neglect cases, and the process of intervention in such a case.
02:45 PM
No amendments were offered to SB 17-177.
| BILL: | SB17-177 | |
| TIME: | 02:46:06 PM | |
| MOVED: | Salazar | |
| MOTION: | Refer Senate Bill 17-177 to the Committee of the Whole. The motion passed on a vote of 10-0. | |
| SECONDED: | Carver | |
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VOTE
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Benavidez
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Yes
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Carver
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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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Lundeen
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Yes
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Melton
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Excused
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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: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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02:47 PM
The committee recessed.
02:48 PM -- HB17-1209
Representative Carver, co-prime sponsor, presented House Bill 17-1209, concerning peace officer designation for the manager of the Office of Prevention and Security within the Division of Homeland Security and Emergency Management in the Department of Public Safety. The following persons testified regarding HB 17-1209:
02:50 PM -- Mr. Kevin Klein, representing the Department of Public Safety, testified in support of the bill. He explained why the Office of Prevention and Security would benefit from having its manager granted peace officer status. He addressed some concerns raised about the bill. Mr. Klein responded to questions regarding requirements for the manager of the office to become eligible for peace officer status, such as training.
03:03 PM
Mr. Klein responded to questions regarding background screening for employees of the Office of Prevention and Security.
03:06 PM -- Mr. Cory Amend, representing the Office of Attorney General, testified in support of the bill. Mr. Amend discussed the process by which the bill was drafted, and the time frame for certifying the manager of the Office of Prevention and Security as a peace officer.
03:10 PM
No amendments were offered to House Bill 17-1209.
| BILL: | HB17-1209 | |
| TIME: | 03:10:48 PM | |
| MOVED: | Carver | |
| MOTION: | Refer House Bill 17-1209 to the Committee of the Whole. The motion passed on a vote of 10-1. | |
| SECONDED: | Lundeen | |
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VOTE
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Benavidez
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No
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Carver
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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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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: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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03:14 PM
The committee recessed.
03:26 PM -- SB17-027
The committee returned to order. Representative Melton, prime sponsor, presented Senate Bill 17-027, concerning an increase in the penalty for text messaging while operating a motor vehicle. Committee members received a map showing penalties associated with texting while driving in the 50 states (Attachment G). Representative Melton presented some statistics about accidents associated with texting, and explained the effect of the bill. Representative Melton responded to questions regarding the statistics he previously cited, and an amendment placed on the bill in the Senate. Representative Melton explained the effect of amendment L.006 (Attachment H), and responded to questions about a fee.
17HouseJud0321AttachG.pdf 17HouseJud0321AttachH.pdf
03:45 PM
Discussion ensued regarding what constitutes "transmission" for the purposes of texting. Representative Melton responded to questions regarding changes made to the bill in the Senate. Discussion followed regarding a comparison of certain driving infractions, and a provision of the bill concerning those under 18 years of age. Ms. Yelana Love, Office of Legislative Legal Services, responded to questions raised during earlier discussion. Representative Weissman cited some penalties in current statute that might apply to texting. The following persons testified regarding the bill:
04:00 PM -- Mr. LB, representing CORD, testified in support of the bill. Mr. LB discussed the impact of texting on driving safety, and his organization's work to increase penalties for texting while driving. Mr. LB discussed distractions he encounters while riding his motorcycle, and public opinion on penalties for texting while driving. He responded to questions regarding amendment L.006, and an amendment placed on the bill in the Senate.
04:07 PM -- Mr. Scott O'Sullivan, representing BikerDown.org, testified in support of SB 17-027. Addressing earlier discussion, Mr. O'Sullivan cited some statistics. Mr. O'Sullivan responded to questions regarding the impact of increased fines on the rate of texting while driving. Discussion ensued regarding how evidence of texting while driving is discovered, and increasing penalties for other types of distracted driving.
04:22 PM
Mr. O'Sullivan responded to questions regarding the potential for expanding the scope of the bill.
04:24 PM -- Ms. Connie Martin, representing CORD, testified in support of SB 17-027. Ms. Martin spoke in favor of limiting distractions while driving, and discussed an instance of an accident caused by texting while driving. She discussed advances in motoring safety.
04:30 PM -- Ms. Laurie Montoya, representing CORD and BikerDown, testified in support of the bill. Ms. Montoya discussed the impact of texting while driving on motorcyclists, and the insufficiency of current penalties for this activity. Discussion ensued regarding defensive motorcycling, and the rise in the use of information technology.
04:38 PM -- Sergeant Dave Hall, representing the Colorado State Patrol, testified in support of the bill. Sgt. Hall addressed questions raised during earlier testimony, and discussed the dangers of texting while driving. He discussed changes made to the bill in the Senate, and responded to questions regarding the position of the Colorado State Patrol on the proper penalty for texting while driving.
04:52 PM
Sgt. Hall responded to questions regarding gathering evidence on texting while driving. Discussion returned to the penalties proposed in the bill and forthcoming amendments. Sgt. Hall responded to questions regarding available data pertaining to texting while driving, and the definition of "transmission" for the purposes of texting.
05:03 PM -- Mr. Gregory Staritzky, representing himself, testified in support of the bill. Mr. Staritzky discussed the dangers of texting while driving, and the benefits of public transportation.
05:08 PM -- Ms. Vivian Stovall, representing herself, testified in support of SB 17-027. Ms. Stovall discussed the dangers of texting while driving to pedestrians, and recounted instances of being struck, or almost struck, by motorists texting while driving. She addressed issues of data pertaining to texting while driving.
05:14 PM
Representative Melton explained the effect of amendment L.006. Discussion ensued regarding the merits of the amendment, and the potential for amending it. Ms. Love returned to address questions about the amendment.
05:20 PM
The committee recessed.
05:43 PM
The committee returned to order.
| BILL: | SB17-027 | |
| TIME: | 05:15:15 PM | |
| MOVED: | Melton | |
| MOTION: | Adopt amendment L.006 (Attachment H). The motion was withdrawn. | |
| SECONDED: | Benavidez | |
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VOTE
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Benavidez
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Carver
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Foote
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Herod
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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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05:43 PM
Representative Melton provided closing remarks in support of SB 17-027. Various committee members provided their positions on the bill.
| BILL: | SB17-027 | |
| TIME: | 05:43:44 PM | |
| MOVED: | Melton | |
| MOTION: | Refer Senate Bill 17-027 to the Committee on Finance. The motion passed on a vote of 10-1. | |
| SECONDED: | Foote | |
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VOTE
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Benavidez
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No
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Carver
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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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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: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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05:48 PM
The committee adjourned.