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DF5E8B4AEC635C70872586420082368F Hearing Summary




PUBLIC
BILL SUMMARY For CONSIDERATION OF THE RESOLUTION REGARDING THE GENERAL ASSEMBLY'S PARTICIPATION AS A PARTY IN KERR, ET AL. V. POLIS

JOINT COMMITTEE COMMITTEE ON EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL
Date Dec 18, 2020      
Location Old State Library



Consideration of the Resolution Regarding the General Assembly's Participation as a Party in Kerr, et al. v. Polis - Committee Discussion Only

04:42:18 PM  
Speaker Becker presented
a resolution pertaining to the General Assembly's participation as a party
in the Kerr, et al. v. Polis lawsuit.  The resolution is included
as Attachment E.  Speaker Becker briefly reviewed the history of the
lawsuit.  Senator Holbert distributed and explained Amendment #3 (Attachment
F).
04:49:03 PM  
Committee discussion about the amendment ensued.
04:50:45 PM  
Sharon Eubanks, Director, Office of Legislative Legal Services, came to the table to answer questions from the committee. Committee discussion ensued.


05:02:42 PM
Motion Adopt Amendment #3 to the resolution
Moved Holbert
Seconded Neville
Fenberg No
Garnett No
Holbert Yes
Neville Yes
Garcia No
Becker No
YES: 2   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
05:02:43 PM  
Senator Holbert distributed
and explained Amendment #2 (Attachment G).  Committee discussed ensued.


05:07:35 PM
Motion Adopt Amendment #2 to the resolution
Moved Holbert
Seconded Neville
Fenberg Yes
Garnett Yes
Holbert Yes
Neville Yes
Garcia Yes
Becker Yes
YES: 6   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS
05:07:36 PM  
Senator Holbert distributed
and explained Amendment #1 (Attachment H).  Committee discussed ensued.


05:13:41 PM
Motion Adopt Amendment #1 to the resolution
Moved Holbert
Seconded Neville
Fenberg No
Garnett No
Holbert Yes
Neville Yes
Garcia No
Becker No
YES: 2   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
05:14:02 PM  
The committee continued to discuss the resolution. Director Eubanks answered questions from the committee.
05:24:15 PM  
Majority Leader Fenberg
proposed a conceptual amendment to change the last sentence on page four
of the resolution from "retain legal counsel" to "retain
the Office of Legislative Legal Services as legal counsel."  Committee
discussion ensued.
05:30:06 PM  
President Garcia provided his comments on the conceptual amendment. Committee discussion ensued.


05:37:57 PM
Motion Adopt a conceptual amendment directing the Committee on Legal Services to retain the Office of Legislative Legal Services as legal counsel.
Moved Fenberg
Seconded Neville
Fenberg Yes
Garnett Yes
Holbert Yes
Neville Yes
Garcia Yes
Becker Yes
YES: 6   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


05:39:08 PM
Motion Adopt the resolution as amended
Moved Garnett
Seconded Fenberg
Fenberg Yes
Garnett Yes
Holbert No
Neville No
Garcia Yes
Becker Yes
YES: 4   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS