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H_JUD_2025A 04/02/2025 02:28:33 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 04/02/2025
Attendance
Armagost X
Bacon X
Barron X
Caldwell *
Clifford *
Espenoza *
Garcia X
Keltie X
Velasco X
Carter X
Mabrey X
Time 02:28:33 PM to 08:01:49 PM
Place HCR 0107
This Meeting was called to order by Mabrey
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB25-1304 Committee Discussion Only
HB25-1264 Committee Discussion Only
HB25-1243 Postponed Indefinitely

HB25-1304 - Committee Discussion Only


02:28:55 PM  
Representatives Froelich
and Soper introduced House Bill 25-1304. The bill updates the timeline
for courts to determine restitution owed by a defendant.

02:33:01 PM  
James Karbach, representing
the Office of the State Public Defender, testified on HB 25-1304 from an
amend position. Tristan Gorman, representing Colorado Criminal Defense
Bar, testified to amend the bill.




Mr. Karbach responded
to questions timing of restitution under current law and jurisprudence,
and the process for directing restitution to victims. Mr. Karbach responded
to questions regarding potential amendments to the bill.

02:57:15 PM  

Brian Mason, representing the 17th Judicial District Attorney's Office, testified in support of the bill. Travis Sides, representing the 13th Judicial District Attorney's Office, testified in support of the bill. Mr. Fran Lanzer, representing Mothers Against Drunk Driving, testified in support of the bill. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified in support of the bill. Courtney Sutton, representing the Colorado Organization for Victim Assistance, testified in support of the bill.



Discussion ensued regarding the timing of ordering and processing restitution.

03:29:04 PM  
Maureen Cain, representing
OSPD, testified to amend the bill. Brain Lanni, representing the Department
of Law, testified in support of the bill. Grant Fevurly, representing the
Department of Law, testified in support of the bill.




Discussion ensued
regarding the position of the Judicial Branch on HB 25-1304.
03:39:40 PM  
The committee chair laid HB 25-1304 for action only.



HB25-1264 - Committee Discussion Only


03:40:49 PM  
The committee recessed.
03:47:11 PM  
The committee returned
to order.  Representatives Garcia and Mabrey, prime sponsors, presented
House Bill 25-1264. The bill prohibits surveillance-based price and wage
discrimination and makes a violation a deceptive trade practice.  Representative
Garcia explained the effect of the bill and discussed its need.  Representative
Mabrey provided background on the issues addressed by the bill, discussed
some forthcoming amendments, and provided input on the merits of the legislation.
Discussion ensued regarding surveillance pricing taking place in Colorado,
and the ability of large companies to comply with the bill if passed.  Discussion
followed regarding the use of surveillance tools to target consumers based
on demography.
04:24:14 PM  

Ms. Sophie Mariam, representing CFI, testified in support of the bill. Nina DiSalvo, representing Towards Justice, testified in support of the bill. Kareem Sawadogo, representing Cidu, testified in support of the bill. Mr. Daniel Gnoumou, representing CIDU, testified in support of the bill. Ms. Grace Gedye, representing Consumer Reports, testified in support of the bill.



Ms. DiSalvo responded to questions regarding how the law regards differential treatment in economic transactions in circumstances outside of algorithmically based environments.

04:44:07 PM  

David Shapiro, representing Ibotta Inc, testified to amend the bill. Ms. Drea Modugno, representing the Denver Metro Chamber of Commerce, testified in opposition to the bill. Meghan Dollar, representing the Colorado Chamber of Commerce, testified in opposition to the bill. Rachel Beck, representing the Colorado Competitive Council, testified in opposition to the bill. Ms. Ruthie Barko, representing TechNet, testified in opposition to the bill.



Discussion ensued regarding how local and brick-and-mortar businesses compete with large, algorithmically based businesses and transparency requirements in previously adopted, consumer-related legislation. Discussion followed regarding HB 25-1264 putting certain discount offers in jeopardy.

05:11:10 PM  
Dr. Katie Wells,
representing themself, testified in support of the bill. Ms. Zephyr Teachout,
representing themself, testified in support of the bill. Mika Alexander,
representing the American Civil Liberties Union of Colorado, testified
in support of the bill. Mr. Charles Brennan, representing the Colorado
Center on Law and Policy, testified in support of the bill. Mr. Erick Ametefe,
representing themself, testified in support of the bill. Mr. Steven Lustig,
representing the Colorado Independent Drivers United, CWA Local 7777, testified
in support of the bill.  Dr. Michael Neil, representing the Colorado
People's Alliance, testified in support of the bill.




Mr. Brennan responded
to questions regarding how certain technologies might impact small businesses,
and how technology affects supply-and-demand issues.

05:42:17 PM  
Michael McReynolds,
representing Governor's Office of Information Technology, testified in
opposition to the bill. Megan Sparks, representing the Colorado Technology
Association, testified in opposition to the bill. Alison Morgan, representing
the Colorado Bankers Association, testified in opposition to the bill.
05:50:50 PM  

Joshua Mantell, representing The Bell Policy Center, testified in support of the bill. David Seligman, representing Towards Justice, testified in support of the bill. Samantha Dalal, representing themself, testified in support of the bill. Karl Lapham, representing New Era Colorado, testified in support of the bill. Mr. Elliott Awatt, representing CIDU, testified in support of the bill. Mr. Lee Hepner, representing the American Economic Liberties Project, testified in support of the bill.



Mr. Hepner responded to questions regarding how consumers can effectively engage in a marketplace with certain technologies in use.

06:13:54 PM  
Hawkins Schipper,
representing themself, testified in support of the bill. Written testimony
may be found in Attachment A.
06:17:18 PM  
The committee chair laid over HB 25-1264 for future action.



HB25-1243 - Postponed Indefinitely


06:19:16 PM  
Representative Lindsay,
prime sponsor, presented House Bill 25-1243. The bill prohibits peace officers
from asking persons if they are aware of the reason they were pulled over.
Representative Lindsay explained the effect of the bill and discussed its
need. Representative Lindsay responded to questions regarding the lack
of a consequence function in the bill, and norms practiced by law enforcement
during traffic stops in Colorado. Representative Lindsay responded to further
questions regarding a forthcoming amendment, and issues surrounding prior
restraint of speech. Discussion ensued regarding certain hypothetical situations.
06:44:44 PM  
Chief Matthew Packard,
representing CDPS/ Colorado State Patrol, testified in opposition to the
bill. Chief Strossner, representing the Colorado Association of the Chiefs
of Police, testified in opposition to the bill. Mrs. Erin Meschke, representing
themself, testified in opposition to the bill.




Colonel Packard
responded to questions what is expected of a state trooper during a traffic
stop. Colonel Packard and Chief Strossner responded to questions regarding
best practices for when law enforcement engages in a traffic contact.  Colonel
Packard responded to questions regarding the the detainment status of a
person during a traffic stop, and current law with respect to obligations
of law enforcement during traffic stops.

07:02:55 PM  
Mr. Skyler McKinley,
representing AAA, testified in support of the bill. Mr. Mac Muir, representing
themself, was available to answer committee questions.




Mr. McKinley responded
to questions regarding certain constitutional issues implicated during
traffic stops.  Mr. Muir answered additional questions on these constitutional
issues. Mr. McKinley responded to questions regarding how HB 25-1243 might
affect roadside safety. Discussion ensued regarding roadside safety.  Discussion
returned to constitutional issues. Discussion ensued regarding other jurisdictions
with laws similar to the bill.
07:32:33 PM  

Representative Lindsay explained the effect of amendment L.001 (Attachment B).  Discussion ensued about the merits of the amendment and the source of the amendment.



07:38:43 PM
Motion Adopt amendment L.001 (Attachment B)
Moved Carter
Seconded Clifford
Armagost No
Bacon No
Barron No
Caldwell No
Clifford No
Espenoza No
Garcia No
Keltie No
Velasco No
Carter No
Mabrey No
YES: 0   NO: 11   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
07:38:45 PM  
Representative Lindsay provided closing remarks in support of HB 25-1243. Various committee members provided their positions on the bill.


08:01:03 PM
Motion Refer House Bill 25-1243 to the Committee of the Whole.
Moved Carter
Seconded Velasco
Armagost No
Bacon No
Barron No
Caldwell No
Clifford No
Espenoza No
Garcia Yes
Keltie No
Velasco Yes
Carter No
Mabrey Yes
YES: 3   NO: 8   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


08:01:37 PM
Motion Postpone House Bill 25-1243 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely.
Moved Carter
Seconded Clifford
Armagost Yes
Bacon Yes
Barron Yes
Caldwell Yes
Clifford Yes
Espenoza Yes
Garcia No
Keltie Yes
Velasco No
Carter Yes
Mabrey No
Final YES: 8   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS


08:01:49 PM   The committee adjourned.






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