H_JUD_2021A 03/24/2021 01:34:34 PM Committee Summary

The committee was called to order. a quorum was present. Representative Esgar, prime sponsor, presented House Bill 21-1108, concerning updates to prohibitions against gender-based discrimination to clarify the individuals who are included in a protected class. Representative Esgar explained the effect of the bill and discussed its need.

The following persons testified regarding HB 21-1108:

David Meek, representing himself, testified in opposition to the bill. Mr. Meek responded to questions regarding religious issues.

Autumn Brooks, representing Clear Creek School District Re-1, testified in support of HB 21-1108.

Evie Hudak, representing Colorado PTA, testified in support of the bill.

Clayton Wire, representing the Plaintiff Employment Lawyers Association, testified in support of the bill.

Iris Halpern, representing Rathod Mohamedbhai LLC, testified in support of the bill.

Elizabeth Peetz, representing the Colorado Association of Realtors, testified in support of the bill.

Ms. Halpern responded to questions regarding the potential for HB 21-1108 to be at odds with federal legislation on gender identity. Ms. Halpern responded to questions regarding changes in certain definitions in HB 21-1108 and those in SB 20-221, and how certain terms are defined in the laws of other states. Mr. Wire provided input on these issues. Ms. Halpern and Mr. Wire responded to questions regarding the definition of sexual orientation, and caselaw surrounding the definition.

Brittany Vessely, representing the Colorado Catholic Conference, testified in opposition to HB 21-1108. Ms. Vessely responded to questions regarding nonprofit exemptions from certain anti-discrimination laws.

Representative Esgar provided closing remarks in support of HB 21-1108. Various committee members provided their positions on the bill.

Representative Ortiz, prime sponsor, presented House Bill 21-1110, concerning adding language to relevant Colorado statutes related to persons with disabilities to strengthen protections against discrimination on the basis of disability. Representative Ortiz explained the effect of the bill and discussed its need. Representative Ortiz responded to questions regarding international versus national standards for disability accessibility, and the position of certain organizations on the bill.

The following persons testified regarding HB 21-1110:

Andrew Montoya, representing the Colorado Cross Disability Coalition, testified in support of the bill.

Patricia Yeager, representing the Independence Center, testified in support of the bill.

Mr. Montoya responded to questions regarding certain communications standards for those with disabilities set by the bill, and the ability of a complainant to seek remedies through the administrative process under the bill.

Eric Bergman, representing Colorado Counties, Inc., testified on the bill from an "amend" position. He referenced some forthcoming amendments that will help ameliorate some of his organization's concerns.

Brandy DeLange, representing the Metro Wastewater Reclamation District, testified on the bill from a neutral position.

Heather Stauffer, representing the Colorado Municipal League, testified on the bill from an "amend" position. She also discussed some forthcoming amendments.

Kate Sneed, representing the Office of Information Technology, testified in support of HB 21-1110.

Benjamin Waters, representing Craig Hospital, testified in support of the bill.

Ms. Sneed responded to questions regarding the ability of her office to meet the bill's definition of "accessible" from a technical standpoint, and certain technology considerations in meeting the bill's requirements.

Scott LaBarre, representing the National Federation of the Blind of Colorado, testified in support of HB 21-1110.

Alison Butler, representing the Colorado Bar Association and the Office of Respondent Parents Counsel, testified in support of the bill.

Staci Nichols, representing herself, testified in support of the bill.

Mr. LaBarre responded to questions regarding the evolution of accessibility technology and standards for World Wide Web-based products and services.

Christine McGroarty, representing herself, testified in support of HB 21-1110.

Dan Burke, representing the National Federation of the Blind, testified in support of the bill.

Curtis Chong, representing the National Federation of the Blind, testified in support of the bill.

Michael Valdez, representing the Special District Association of Colorado, testified in support of the bill.

Michael Neil, representing the Colorado Cross Disability Coalition, testified in support of the bill.

Julie Reiskin, representing the Colorado Cross Disability Coalition, testified in support of HB 21-1110.

Representative Ortiz provided closing remarks in support of HB 21-1110. Various committee members provided their positions on the bill.

The committee recessed.

The committee returned to order. Representative Froelich and Soper, prime sponsors, presented House Bill 21-1143, concerning forensic medical evidence of sexual assault. Representative Froelich explained the effect of the bill and discussed its need. Representative Soper provided input on the effect of the bill.

The following persons testified regarding HB 21-1143:

Ilse Knecht, representing the Joyful Heart Foundation, testified in support of the bill.

Joanne Schwartz, representing herself, testified in support of the bill.

Lisa Ingarfield, representing the Colorado Coalition Against Sexual Assault, testified in support of the bill.

Alison Connaughty, representing the Colorado Women's Bar Association, testified in support of the bill. Ms. Connaughty and Dr. Ingarfield responded to questions regarding who is charged with ensuring certain victim rights outlined under the bill are satisfied. Discussion ensued on this point. Discussion followed regarding compliance enforcement and penalty provisions in the bill.

No amendments were offered to HB 21-1143. The bill sponsors provided closing remarks in support of the bill.

The committee recessed.

The committee returned to order. Representative Soper, prime sponsor, presented House Bill 21-1089, concerning legal responsibilities surrounding wakeboarders' use of a wakeboard park. Representative provided background on wakeboarding. Representative Soper screened a short video on wakeboarding. Representative Soper explained the effect of the bill and discussed its need. Representative Soper responded to questions regarding liability at other water-based recreational facilities as compared to a wakeboarding facility, and why current tort law is not sufficient for wakeboard facilities.

The following persons testified regarding HB 21-1089:

Christopher Koupal, representing the Colorado Trial Lawyers Association, testified in opposition to the bill.

Jennifer O'Connell, representing the Colorado Trial Lawyers Association, testified in support of the bill.

Ms. O'Connell and Mr. Koupal responded to questions regarding the burdens of current tort law, and how it might be applied to wakeboard parks.

Victor Imondi, representing Imondi Wake Zone LLC, testified in support of HB 21-1089.

Kodi Imondi, representing Imondi Wake Zone LLC, testified in support of HB 21-1089.

Mike Olson, representing himself testified in support of the bill.

Mr. Imondi responded to questions regarding the number of wakeboard parks in Colorado, and how a wakeboard park operates. Mr. Imondi responded to further questions regarding why there are not more wakeboard parks in Colorado, and fears that his operation might be subjected to a liability lawsuit. Mr. Olson responded to questions regarding insurance issues experienced by wakeboard parks, and other jurisdictions entertaining legislation similar to HB 21-1089.

No amendments were offered to HB 21-1089. Representative Soper provided closing remarks in support of the bill. Various committee members discussed the merits of the legislation.