PUBLIC STAFF SUMMARY OF MEETING HOUSE COMMITTEE ON JUDICIARY
Date |
02/20/2018 |
Attendance |
Benavidez |
X |
Carver |
X |
Foote |
X |
Herod |
X |
Lundeen |
X |
Melton |
X |
Weissman |
X |
Willett |
X |
Wist |
X |
Salazar |
X |
Lee |
X |
|
Time |
01:38:35 PM to 04:54:16 PM |
Place |
HCR 0112 |
This Meeting was called to order by |
Lee |
This Report was prepared by |
Bo Pogue |
|
Hearing Items |
Action Taken |
hHB18-1078 |
Amended, referred to the Committee of the Whole |
hSunset hearing for the Colorado Civil Rights Division and Colorado Civil Rights Commission (for action only) |
Committee Discussion Only |
hHB18-1102 |
Amended, referred to House Appropriations |
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HB18-1078 - Amended, referred to the Committee of the Whole
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01:38:37 PM |
The committee was called to order. All members were present. Representatives Landgraf and Exum, prime sponsors, presented House Bill 18-1078, concerning court programs for defendants who have served in the armed forces. Representatives Landgraf and Exum explained the effect of the bill and discussed its need.
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01:43:21 PM |
Mr. Dick Young, representing the United Veterans Committee of Colorado, testified in support of the bill. Mr. Young provided background on veterans courts, and discussed the benefits of veterans courts.
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01:53:00 PM |
Mr. Duane France, representing Community Mental Health, testified in support of the bill.
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01:53:56 PM |
Mr. Arnold Hanuman, representing the Colorado District Attorney's Council, testified in support of HB 18-1078. Mr. Hanuman responded to questions regarding how veterans access services available under veterans court programming, and his organization's position on amendment L.001 (Attachment A). Discussion ensued regarding the need to further amend amendment L.001. Mr. Hanuman responded to questions regarding amendment L.006 (Attachment B).
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02:05:53 PM |
Ms. Brenidy Rice, representing the Judicial Department, made herself available to answer questions. Ms. Rice responded to questions regarding how advisements are handled by veterans courts, and the types of charges handled by veterans courts.
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02:10:37 PM
|
Motion |
Adopt amendment L.001 |
|
Moved |
Carver |
|
Seconded |
Weissman |
|
|
|
|
Benavidez |
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|
|
Carver |
|
|
|
Foote |
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|
|
Herod |
|
|
|
Lundeen |
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|
|
Melton |
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|
Weissman |
|
|
|
Willett |
|
|
|
Wist |
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|
|
Salazar |
|
|
|
Lee |
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
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02:11:05 PM
|
Motion |
Adopt amendment L.006 |
|
Moved |
Carver |
|
Seconded |
Weissman |
|
|
|
|
Benavidez |
|
|
|
Carver |
|
|
|
Foote |
|
|
|
Herod |
|
|
|
Lundeen |
|
|
|
Melton |
|
|
|
Weissman |
|
|
|
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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02:11:06 PM |
Various committee members discussed their positions on HB 18-1078. Representatives Landgraf and Exum provided closing remarks in support of the bill.
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02:18:02 PM
|
Motion |
Refer House Bill 18-1078, as amended, to the Committee of the Whole. |
|
Moved |
Carver |
|
Seconded |
Lundeen |
|
|
|
|
Benavidez |
Yes |
|
|
Carver |
Yes |
|
|
Foote |
Yes |
|
|
Herod |
Yes |
|
|
Lundeen |
Yes |
|
|
Melton |
Yes |
|
|
Weissman |
Yes |
|
|
Willett |
Yes |
|
|
Wist |
Yes |
|
|
Salazar |
Yes |
|
|
Lee |
Yes |
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|
Final |
YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
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Sunset hearing for the Colorado Civil Rights Division and Colorado Civil Rights Commission (for action only) - Committee Discussion Only
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02:25:26 PM
|
Motion |
Adopt LLS No. 18-032 Amendment #3 |
|
Moved |
Herod |
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Seconded |
Weissman |
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|
Benavidez |
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|
Carver |
|
|
|
Foote |
|
|
|
Herod |
|
|
|
Lundeen |
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|
Melton |
|
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|
Weissman |
|
|
|
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: Withdrawn |
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02:25:27 PM |
The committee took up the sunset review for the Colorado Civil Rights Division and Colorado Civil Rights Commission for action only. The committee heard testimony on the sunset review at its February 13 meeting. Discussion ensued regarding various amendments to the draft legislation before the committee, including #3 (Attachment C), #5 (Attachment D), #6 (Attachment E), #7 (Attachment F), #9 (Attachment G), #11 (Attachment H), and #15 (Attachment I).
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02:48:41 PM |
Discussion continued regarding the effect, and merits, of various amendments to the draft bill pending before the committee.
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03:00:44 PM |
The committee recessed.
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03:29:46 PM
|
Motion |
Adopt LLS No. 18-0382 Amendment #7. |
|
Moved |
Wist |
|
Seconded |
Willett |
|
|
|
|
Benavidez |
No |
|
|
Carver |
Yes |
|
|
Foote |
No |
|
|
Herod |
No |
|
|
Lundeen |
Yes |
|
|
Melton |
No |
|
|
Weissman |
No |
|
|
Willett |
Yes |
|
|
Wist |
Yes |
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|
Salazar |
No |
|
|
Lee |
No |
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YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL |
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03:29:47 PM |
The committee returned to order. The committee discussed the merits of amendments #7 and #11.
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03:34:13 PM
|
Motion |
Adopt LLS No. 18-0382 Amendment #11. |
|
Moved |
Carver |
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Seconded |
Wist |
|
|
|
|
Benavidez |
No |
|
|
Carver |
Yes |
|
|
Foote |
No |
|
|
Herod |
No |
|
|
Lundeen |
Yes |
|
|
Melton |
No |
|
|
Weissman |
No |
|
|
Willett |
Yes |
|
|
Wist |
Yes |
|
|
Salazar |
No |
|
|
Lee |
No |
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YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL |
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03:35:17 PM
|
Motion |
Adopt LLS No. 18-0382 Amendment #15. |
|
Moved |
Carver |
|
Seconded |
Lundeen |
|
|
|
|
Benavidez |
No |
|
|
Carver |
Yes |
|
|
Foote |
No |
|
|
Herod |
No |
|
|
Lundeen |
Yes |
|
|
Melton |
No |
|
|
Weissman |
No |
|
|
Willett |
Yes |
|
|
Wist |
Yes |
|
|
Salazar |
No |
|
|
Lee |
No |
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YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL |
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03:37:02 PM
|
Motion |
Adopt LLS No. 18-0382 Amendment #5. |
|
Moved |
Wist |
|
Seconded |
Lundeen |
|
|
|
|
Benavidez |
No |
|
|
Carver |
Yes |
|
|
Foote |
No |
|
|
Herod |
No |
|
|
Lundeen |
Yes |
|
|
Melton |
No |
|
|
Weissman |
No |
|
|
Willett |
Yes |
|
|
Wist |
Yes |
|
|
Salazar |
No |
|
|
Lee |
No |
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YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL |
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03:37:02 PM |
The committee discussed amendments #15 and #5.
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03:37:48 PM
|
Motion |
Adopt LLS No. 18-0382 Amendment #6. |
|
Moved |
Lundeen |
|
Seconded |
Wist |
|
|
|
|
Benavidez |
No |
|
|
Carver |
Yes |
|
|
Foote |
No |
|
|
Herod |
No |
|
|
Lundeen |
Yes |
|
|
Melton |
No |
|
|
Weissman |
No |
|
|
Willett |
Yes |
|
|
Wist |
Yes |
|
|
Salazar |
No |
|
|
Lee |
No |
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YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL |
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03:38:42 PM
|
Motion |
Adopt LLS No. 18-0382 Amendment #9. |
|
Moved |
Wist |
|
Seconded |
Lundeen |
|
|
|
|
Benavidez |
No |
|
|
Carver |
Yes |
|
|
Foote |
No |
|
|
Herod |
No |
|
|
Lundeen |
Yes |
|
|
Melton |
No |
|
|
Weissman |
No |
|
|
Willett |
Yes |
|
|
Wist |
Yes |
|
|
Salazar |
No |
|
|
Lee |
No |
|
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YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL |
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03:39:11 PM |
Discussion ensued regarding the effect of LLS. No. 18-0382 Amendment #3.
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03:40:44 PM |
The committee recessed.
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03:43:27 PM |
The committee returned to order.
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03:44:06 PM
|
Motion |
Adopt LLS No. 18-0382 Amendment #3. |
|
Moved |
Herod |
|
Seconded |
Weissman |
|
|
|
|
Benavidez |
Yes |
|
|
Carver |
Yes |
|
|
Foote |
Yes |
|
|
Herod |
Yes |
|
|
Lundeen |
Yes |
|
|
Melton |
No |
|
|
Weissman |
Yes |
|
|
Willett |
No |
|
|
Wist |
Yes |
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|
Salazar |
No |
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|
Lee |
Yes |
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YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS |
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03:47:30 PM |
The committee discussed the draft bill to continue the commission and division.
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03:54:50 PM
|
Motion |
Introduce draft bill as amended to continue the Colorado Civil Rights Division and Colorado Civil Rights Commission. |
|
Moved |
Melton |
|
Seconded |
Salazar |
|
|
|
|
Benavidez |
Yes |
|
|
Carver |
Yes |
|
|
Foote |
Yes |
|
|
Herod |
Yes |
|
|
Lundeen |
Yes |
|
|
Melton |
Yes |
|
|
Weissman |
Yes |
|
|
Willett |
No |
|
|
Wist |
Yes |
|
|
Salazar |
Yes |
|
|
Lee |
Yes |
|
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YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS |
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03:56:04 PM
|
Motion |
Speaker of House as House sponsor for bill |
|
Moved |
Salazar |
|
Seconded |
Herod |
|
|
|
|
Benavidez |
Yes |
|
|
Carver |
Yes |
|
|
Foote |
Yes |
|
|
Herod |
Yes |
|
|
Lundeen |
Yes |
|
|
Melton |
Yes |
|
|
Weissman |
Yes |
|
|
Willett |
Yes |
|
|
Wist |
Yes |
|
|
Salazar |
Yes |
|
|
Lee |
Yes |
|
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YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
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03:56:05 PM |
Ms. Christy Chase, Office of Legislative Legal Services, asked the committee for permission to make technical changes to the bill. Discussion ensued regarding whether the bill needs a safety clause.
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HB18-1102 - Amended, referred to House Appropriations
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03:58:54 PM |
Representatives Roberts and Wist, prime sponsors, presented House Bill 18-1102, concerning extending the length of prosecution fellowships from one year to 18 months. Committee members received a fact sheet supporting the program (Attachment J). Representatives Roberts and Wist explained the effect of the bill and discussed its need. Discussion ensued regarding what constitutes a rural district attorney's office. Representative Roberts explained the effect of amendment L.002 (Attachment K). Discussion ensued regarding the fiscal impact of the legislation. Mr. Tom Raynes, representing the Colorado District Attorneys Council, provided input on these issues.
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04:16:01 PM |
Mr. Raynes discussed the process by which district attorney fellows are solicited. Mr. Raynes responded to questions regarding certain reporting metrics concerning the success of the district attorney fellowship program, and criteria for considering financial need among rural jurisdictions. Discussion returned to amendment L.002 and the fiscal impact of the bill.
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04:30:15 PM |
Mr. Bruce Brown, representing the Fifth Judicial District, testified in support of the bill. Mr. Brown addressed questions raised during earlier testimony.
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04:36:16 PM |
Ms. Kayla Wildeman, representing the Criminal Prosecution Society at the University of Colorado Law School, testified in support of the bill. Ms. Wildeman discussed her experiences as a district attorney fellow, and the opinion of law school students of the fellowship program.
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04:40:24 PM |
Ms. Pilar Rodarte, representing the Colorado Bar Association, testified in support of the bill.
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04:48:59 PM |
Representative Wist explained the effect of amendment L.002. Discussion ensued regarding portions of the amendment that concern scholarships and independent contractor status.
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04:48:59 PM
|
Motion |
Adopt amendment L.002 |
|
Moved |
Wist |
|
Seconded |
Salazar |
|
|
|
|
Benavidez |
No |
|
|
Carver |
Yes |
|
|
Foote |
Yes |
|
|
Herod |
Yes |
|
|
Lundeen |
Yes |
|
|
Melton |
Excused |
|
|
Weissman |
Yes |
|
|
Willett |
Yes |
|
|
Wist |
Yes |
|
|
Salazar |
Yes |
|
|
Lee |
Yes |
|
|
|
YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS |
|
|
|
04:49:10 PM |
Various committee members provided their positions regarding HB 18-1102. The sponsors provided closing remarks in support of the bill.
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04:53:47 PM
|
Motion |
Refer House Bill 18-1102, as amended, to the Committee on Appropriations. |
|
Moved |
Wist |
|
Seconded |
Willett |
|
|
|
|
Benavidez |
No |
|
|
Carver |
Yes |
|
|
Foote |
Yes |
|
|
Herod |
Yes |
|
|
Lundeen |
Yes |
|
|
Melton |
Excused |
|
|
Weissman |
Yes |
|
|
Willett |
Yes |
|
|
Wist |
Yes |
|
|
Salazar |
Yes |
|
|
Lee |
Yes |
|
|
Final |
YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS |
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04:54:16 PM |
Committee Adjourned |