H_JUD_2018A 04/12/2018 01:32:44 PM Committee Summary

The committee was called to order. A quorum was present. Representatives Lontine and Carver, co-prime sponsors, presented House Bill 18-1353, concerning the creation of a grant program to reimburse local governments for costs associated with the provision of defense counsel to certain defendants at their first appearances in municipal courts.  The sponsors explained the effect of the bill and discussed its need.

Ms. Megan Dollar, representing the Colorado Municipal League, testified in support of the bill.  Ms. Dollar responded to questions regarding the types of offenses that result in incarceration at the municipal level, and litigation affecting the availability of counsel. Discussion ensued regarding the potential for sunsetting the programming created by the bill, and legislation similar to HB 18-1353.

No amendments were offered to HB 18-1353. Discussion ensued regarding the merits of the legislation.

Representatives Weissman and Sias, prime sponsors, presented House Bill 18-1287, concerning the extension of the repeal of the Colorado Commission on Criminal and Juvenile Justice. The committee heard testimony on the bill at its April 5 meeting. Representative Weissman explained the effect of amendment L.005 (Attachment A).

Representatives Ginal and Lawrence, co-prime sponsors, presented House Bill 18-1314, concerning prohibiting the use of unmanned aircraft systems to obstruct public safety operations.  Representative Ginal discussed the need for the legislation. Representative Lawrence explained the effect of the bill

Mr. Chris Swathwood, representing the Colorado Aviation Business Association, testified in support of the bill. Mr. Swathwood discussed the problem of drones entering areas where public safety operations are taking place. Mr. Swathwood responded to questions regarding a provision in the bill pertaining to a police officer acting in an illegal manner.

Mr. Braden Applegate, representing UC Health EMS, testified in support of the bill. Mr. Applegate cited specific instances of drones interfering with emergency operations. Mr. Ben Miller, representing the Center of Excellence within the Division of Fire Prevention and Control, Department of Public Safety, testified in support of the bill. Mr. Miller discussed the rate of intrusion into airspace where public safety operations are underway, and statutes and rules governing drone flight. Mr. Miller responded to questions regarding what constitutes an emergency for the bill's purposes, and how drone operators are made aware of an emergency situation. Mr. John Kyler, representing the Clear Creek County Sheriff's Office, testified in support of HB 18-1314. He addressed the previous questions, and explained the intent of the bill. Discussion ensued regarding the effect of the bill on instances where a drone might be flown at such events such as protests. Mr. Swathwood joined the discussion.

Mr. Chuck Adams, representing 1up Aerial Drone Services, testified in support of HB 18-1314. Mr. Adams discussed the value of drones. Mr. Doug Lafar, representing DT Aerial Photography, testified in support of the bill. Mr. Lafar explained how the bill preserves the safety of the public airspace.  Discussion ensued regarding what constitutes an emergency under the bill.

Representatives Ginal and Lawrence responded to questions regarding prosecutions under existing law for improper drone use, and the lack of a mens rea element in HB 18-1314. Discussion ensued regarding the merits of amendment L.002 (Attachment B).

Mr. Richard Sweetman, Office of Legislative Legal Services, provided background on the source of certain language in HB 18-1314. Discussion ensued regard the reasoning behind this language, and the necessity for the bill.  Mr. Swathwood returned to address issues associated with amendment L.002.

Discussion continued regarding the necessity of HB 18-1314, given the language in the current first responder obstruction laws. Mr. Swathwood discussed instances where law enforcement felt they could not make an arrest of a drone operator under current law. Discussion ensued on this point.

Various committee provided their positions on HB 18-1314. The co-sponsors provided closing remarks in support of the bill.

The committee returned to order. Representative Melton, prime sponsor, presented Senate Bill 18-062, concerning liability limits in snow removal contracts.  Representative Melton explained the effect of the bill and discussed its need. Committee members received amendments L.005 (Attachment C) and L.006 (Attachment D). Representative Melton responded to questions regarding the ability to achieve the intent of the bill through contractual agreement.  Representative Melton explained the effect of the amendments.

Mr. Kevin Gilbride, representing the Accredited Snow Contractors Association, Ms. Kimberly Jewell, representing Snow Management Services, and Ms. Shanae Dix, representing CAM Services, testified in support of the bill.  Mr. Gilbride explained the circumstances that create the need for the bill. Ms. Jewell provided background on snow removal, and the reasons why insurers will generally not insure snow removal services. Discussion ensued regarding laws similar to SB 18-062 in other states, and the effect of these laws on the insurance issue. Ms. Dix discussed the choices facing her company under current law with respect to snow removal. Discussion ensued regarding certain protections not contained within the bill.

Discussion ensued regarding issues associated with snow removal services, and the insurance of these services. Discussion followed regarding contracting for snow removal.

Ms. Virginia Morrison Love, representing the Colorado Association of Homebuilders, testified on the bill from a neutral perspective. She discussed the merits of amendment L.006, and cited some organizations that are neutral on the bill with the amendment.

Representative Melton provided closing remarks in support of SB 18-062.

Representatives Weissman and Sias, co-prime sponsors, presented House Bill 18-1344, concerning relief from collateral consequences of criminal actions.  Representative Sias explained the effect of the bill and discussed its need. Committee members received the bill recommendation from the Colorado Commission on Criminal and Juvenile Justice (CCJJ) (Attachment E), a fact sheet supporting the bill produced by Representative Weissman (Attachment F), and a sample order for collateral relief form (Attachment G). Representative Sias responded to questions regarding the vote of CCJJ on the recommendation for the bill.

Mr. Mark Evans, representing the the Office of the State Public Defender, testified in support of the bill. He discussed the intent of the legislation. Mr. Evans responded to questions regarding recommendations proposed by a CCJJ working group that were not integrated into HB 18-1344. Mr. Jack Regenbogen, representing the Colorado Center on Law and Policy and All Families Deserve a Chance, testified in support of the bill. Mr. Regenbogen discussed the exacerbation by government of problems that offenders face, and judicial relief for these problems. He explained how the bill assists in this area.

No amendments were offered to HB 18-1344. Representatives Weissman and Sias provided closing remarks in support of the bill.