H_HIE_2016A 03/03/2016 Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT
| Date: | 03/03/2016 |
ATTENDANCE
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| Time: | 01:31 PM to 07:23 PM |
Brown
|
X
|
|
Buckner
|
X
|
||
| Place: | HCR 0107 |
Esgar
|
X
|
|
Humphrey
|
X
|
||
| This Meeting was called to order by |
Joshi
|
X
|
|
| Representative McCann |
Klingenschmitt
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X
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|
Landgraf
|
X
|
||
| This Report was prepared by |
Lontine
|
X
|
|
| Amanda King |
Primavera
|
X
|
|
|
Ransom
|
X
|
||
|
Ryden
|
X
|
||
|
Ginal
|
X
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||
|
McCann
|
X
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||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| HB16-1101 HB16-1201 |
Amended, Referred to the Committee of the Whole Postponed Indefinitely |
||
01:31 PM -- HB 16-1101
Representative Young, prime sponsor, presented House Bill 16-1101. The bill allows an attending physician or his or her designee to act as a patient's proxy decision-maker for health care treatment if:
- after reasonable effort, the physician cannot locate any interested person, including the patient's spouse, a parent, an adult child, a sibling, a grandchild, or any close friend of the patient, who is willing and able to act as proxy decision-maker;
- the physician has obtained an independent assessment of the patient's decision-making capacity from another health care provider; and
- the physician has consulted with, and obtained the agreement of, the medical ethics committee of the facility where the patient is receiving care.
The physician's authority to act as proxy decision-maker terminates if an interested person is appointed to act as the proxy decision-maker or a guardian is appointed for the patient. A physician or his or her designee who is acting in good faith as a proxy decision-maker is not subject to civil or criminal liability or regulatory sanction.
01:36 PM
Representative Young provided a handout (Attachment A) to the committee. He distributed amendments L.001 and L.003 (Attachments B and C).
160303 AttachA.pdf160303 AttachB.pdf160303 AttachC.pdf
01:37 PM
Representative Young answered questions from the committee.
01:43 PM -- Dr. Deb Bennett-Woods, Colorado Collaborative for Unrepresented Patients, testified in support of the bill.
01:47 PM -- Dr. Jean Abbott, Colorado Collaborative for Unrepresented Patients, testified in support of the bill.
01:53 PM -- Carl Glatstein, representing himself, testified in support of the bill.
02:03 PM
Dr. Bennett-Woods, Dr. Abbott, and Mr. Glatstein answered questions from the committee.
02:21 PM
Representative Young responded to questions from the committee.
02:30 PM
Committee discussion with Dr. Abbott, Dr. Bennett-Woods, and Mr. Glatstein ensued.
02:40 PM -- Katherine Mulready, Colorado Hospital Association, testified in a neutral capacity. Ms. Mulready answered questions from the committee.
02:47 PM
Representative Young answered questions about amendment L.003.
02:50 PM
Ms. Mulready made additional comments about the bill and existing state law.
02:51 PM
Mr. Glatstein returned to the table to respond to questions from the committee.
02:54 PM
Representative Young answered questions about amendment L.003. Committee discussion ensued.
02:55 PM
Ms. Mulready responded to additional questions from the committee. Representative Young responded to questions from the committee.
03:00 PM -- Patrick Boyle, COPIC, testified in opposition to the bill. Mr. Boyle answered questions from the committee.
03:09 PM
Representative Young responded to questions from the committee.
03:12 PM
Mr. Glatstein answered additional questions from the committee.
03:14 PM
Committee discussion with Mr. Boyle ensued.
03:19 PM
Dr. Bennett-Woods responded to questions from the committee. Representative Young made additional comments to the committee.
03:28 PM
Dr. Abbott answered questions from the committee.
03:29 PM -- Adam Eickberg, Colorado Trial Lawyers Association, testified on the bill. Mr. Eickberg answered questions from the committee.
03:36 PM
Committee discussion with Mr. Eickberg and Mr. Boyle ensued.
03:46 PM
Representative Young and Mr. Eickberg made additional comments to the committee about the bill.
03:48 PM -- Dr. Lynn Parry, representing herself, testified in support of the bill. Dr. Parry answered questions from the committee.
03:57 PM
Dr. Abbott answered questions from the committee.
03:59 PM
Dr. Parry answered questions from the committee.
04:01 PM -- Marijo Rymer, The Arc of Colorado, testified on the bill.
04:03 PM -- Susan Fox, representing herself, testified in support of the bill.
04:10 PM
Committee discussion with Representative Young about laying the bill over occurred.
| BILL: | HB16-1101 | |
| TIME: | 04:11:46 PM | |
| MOVED: | Brown | |
| MOTION: | Moved to lay the bill over to March 15, 2016. The chair ruled that it was not a proper motion. | |
| SECONDED: | Landgraf | |
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VOTE
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Brown
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Buckner
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||
|
Esgar
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||
|
Humphrey
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||
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Joshi
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||
|
Klingenschmitt
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||
|
Landgraf
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||
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Lontine
|
||
|
Primavera
|
||
|
Ransom
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||
|
Ryden
|
||
|
Ginal
|
||
|
McCann
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||
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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04:12 PM
Representative Young explained amendments L.001 and L.003.
| BILL: | HB16-1101 | |
| TIME: | 04:15:13 PM | |
| MOVED: | Ginal | |
| MOTION: | Adopt amendment L.001 (Attachment B). The motion passed without objection. | |
| SECONDED: | Primavera | |
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VOTE
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|
Brown
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||
|
Buckner
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||
|
Esgar
|
||
|
Humphrey
|
||
|
Joshi
|
||
|
Klingenschmitt
|
||
|
Landgraf
|
||
|
Lontine
|
||
|
Primavera
|
||
|
Ransom
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||
|
Ryden
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||
|
Ginal
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||
|
McCann
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||
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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||
04:16 PM
Committee discussion about amendment L.003 occurred.
| BILL: | HB16-1101 | |
| TIME: | 04:16:35 PM | |
| MOVED: | Primavera | |
| MOTION: | Adopt amendment L.003 (Attachment C). The motion passed on a vote of 7-6. | |
| SECONDED: | Ryden | |
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VOTE
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||
|
Brown
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No
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|
|
Buckner
|
Yes
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|
|
Esgar
|
Yes
|
|
|
Humphrey
|
No
|
|
|
Joshi
|
No
|
|
|
Klingenschmitt
|
No
|
|
|
Landgraf
|
No
|
|
|
Lontine
|
Yes
|
|
|
Primavera
|
Yes
|
|
|
Ransom
|
No
|
|
|
Ryden
|
Yes
|
|
|
Ginal
|
Yes
|
|
|
McCann
|
Yes
|
|
|
YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:18 PM
Representative Klingenschmitt explained amendment L.004 (Attachment D). Committee discussion about amendment L.004 ensued. Representative Young responded to questions about amendment L.004. Further committee discussion about amendment L.004 occurred.
160303 AttachD.pdf
| BILL: | HB16-1101 | |
| TIME: | 04:25:39 PM | |
| MOVED: | Klingenschmitt | |
| MOTION: | Adopt amendment L.004 (Attachment D). The motion failed on a vote of 3-10. | |
| SECONDED: | Joshi | |
|
VOTE
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|
Brown
|
No
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|
|
Buckner
|
No
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|
|
Esgar
|
No
|
|
|
Humphrey
|
No
|
|
|
Joshi
|
Yes
|
|
|
Klingenschmitt
|
Yes
|
|
|
Landgraf
|
No
|
|
|
Lontine
|
No
|
|
|
Primavera
|
No
|
|
|
Ransom
|
Yes
|
|
|
Ryden
|
No
|
|
|
Ginal
|
No
|
|
|
McCann
|
No
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|
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YES: 3 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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04:28 PM
Representative Ransom explained amendment L.010 (Attachment E). Representative Young addressed amendment L.010. Committee discussion about amendment L.010 occurred.
160303 AttachE.pdf
| BILL: | HB16-1101 | |
| TIME: | 04:32:18 PM | |
| MOVED: | Humphrey | |
| MOTION: | Amend amendment L.010, page 1, line 5, strike "REMOVAL" and substitute "HARVESTING". The motion passed without objection. | |
| SECONDED: | Brown | |
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VOTE
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|
Brown
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||
|
Buckner
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||
|
Esgar
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||
|
Humphrey
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||
|
Joshi
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||
|
Klingenschmitt
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||
|
Landgraf
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||
|
Lontine
|
||
|
Primavera
|
||
|
Ransom
|
||
|
Ryden
|
||
|
Ginal
|
||
|
McCann
|
||
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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||
| BILL: | HB16-1101 | |
| TIME: | 04:33:49 PM | |
| MOVED: | Ransom | |
| MOTION: | Adopt amendment L.010 (Attachment E), as amended. The motion failed on a vote of 6-7. | |
| SECONDED: | Humphrey | |
|
VOTE
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||
|
Brown
|
Yes
|
|
|
Buckner
|
No
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|
|
Esgar
|
No
|
|
|
Humphrey
|
Yes
|
|
|
Joshi
|
Yes
|
|
|
Klingenschmitt
|
Yes
|
|
|
Landgraf
|
Yes
|
|
|
Lontine
|
No
|
|
|
Primavera
|
No
|
|
|
Ransom
|
Yes
|
|
|
Ryden
|
No
|
|
|
Ginal
|
No
|
|
|
McCann
|
No
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|
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YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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04:35 PM
Representative Klingenschmitt discussed amendment L.005 (Attachment F). Representative Young made comments about amendment L.005. Representative Humphrey discussed amendment L.008 (Attachment G). Committee discussion about amendment L.008 ensued. Dr. Abbott made comments about amendment L.008. Committee discussion about amendment L.008 continued.
160303 AttachF.pdf160303 AttachG.pdf
| BILL: | HB16-1101 | |
| TIME: | 04:41:53 PM | |
| MOVED: | Humphrey | |
| MOTION: | Adopt amendment L.008 (Attachment G), as a substitute to amendment L.005. The motion failed on a vote of 6-7. | |
| SECONDED: | Joshi | |
|
VOTE
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|
Brown
|
Yes
|
|
|
Buckner
|
No
|
|
|
Esgar
|
No
|
|
|
Humphrey
|
Yes
|
|
|
Joshi
|
Yes
|
|
|
Klingenschmitt
|
Yes
|
|
|
Landgraf
|
Yes
|
|
|
Lontine
|
No
|
|
|
Primavera
|
No
|
|
|
Ransom
|
Yes
|
|
|
Ryden
|
No
|
|
|
Ginal
|
No
|
|
|
McCann
|
No
|
|
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YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | HB16-1101 | |
| TIME: | 04:42:33 PM | |
| MOVED: | Klingenschmitt | |
| MOTION: | Adopt amendment L.005 (Attachment F). The motion passed on a vote of 11-2. | |
| SECONDED: | Brown | |
|
VOTE
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||
|
Brown
|
Yes
|
|
|
Buckner
|
Yes
|
|
|
Esgar
|
No
|
|
|
Humphrey
|
Yes
|
|
|
Joshi
|
Yes
|
|
|
Klingenschmitt
|
Yes
|
|
|
Landgraf
|
Yes
|
|
|
Lontine
|
Yes
|
|
|
Primavera
|
Yes
|
|
|
Ransom
|
Yes
|
|
|
Ryden
|
No
|
|
|
Ginal
|
Yes
|
|
|
McCann
|
Yes
|
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YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:45 PM
Committee members made comments about the bill.
04:47 PM
Representative Young made concluding remarks about the bill.
| BILL: | HB16-1101 | |
| TIME: | 04:48:19 PM | |
| MOVED: | Primavera | |
| MOTION: | Refer House Bill 16-1101, as amended, to the Committee of the Whole. The motion passed on a vote of 7-6. | |
| SECONDED: | Buckner | |
|
VOTE
|
||
|
Brown
|
No
|
|
|
Buckner
|
Yes
|
|
|
Esgar
|
Yes
|
|
|
Humphrey
|
No
|
|
|
Joshi
|
No
|
|
|
Klingenschmitt
|
No
|
|
|
Landgraf
|
No
|
|
|
Lontine
|
Yes
|
|
|
Primavera
|
Yes
|
|
|
Ransom
|
No
|
|
|
Ryden
|
Yes
|
|
|
Ginal
|
Yes
|
|
|
McCann
|
Yes
|
|
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Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:52 PM -- HB 16-1201
Representative Willett, bill sponsor, presented House Bill 16-1201. The bill requires certain medical professionals, when approached in person by a patient seeking a companion or emotional support animal as a reasonable accommodation in housing, to either make a determination as to whether the patient has a disability as defined by the federal Americans with Disabilities Act of 1990, or to make a finding that there is not enough information available to make a determination regarding disability. The medical professionals covered by the bill include:
- physicians and physician assistants;
- anesthesiologists;
- nurses;
- psychologists;
- social workers and clinical social workers;
- marriage and family therapists; and
- licensed professional counselors and addiction counselors.
04:59 PM
Representative Willett answered questions from the committee.
05:25 PM -- Andrew Hamrick, Colorado Apartment Association, testified in support of the bill. Mr. Hamrick answered questions from the committee.
05:34 PM -- Carolyn Rogers, National Association of Residential Property Managers, testified in support of the bill. Ms. Rogers and Representative Willett answered questions from the committee.
05:54 PM -- Mark Simon, representing himself, testified in support of the bill. Mr. Simon answered questions from the committee.
06:13 PM
Representative Willett and Mr. Simon responded to committee members' questions.
06:24 PM -- Alison Daniels, Disability Law Colorado, testified in opposition to the bill.
06:31 PM
Representative Willett made additional comments to the committee.
06:33 PM
Ms. Daniels and Representative Willett answered questions from the committee.
06:53 PM
Representative Willet explained amendment L.003 (Attachment H).
160303 AttachH.pdf
| BILL: | HB16-1201 | |
| TIME: | 06:53:49 PM | |
| MOVED: | Joshi | |
| MOTION: | Adopt amendment L.003 (Attachment H). The motion passed without objection. | |
| SECONDED: | Ransom | |
|
VOTE
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||
|
Brown
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||
|
Buckner
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||
|
Esgar
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||
|
Humphrey
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||
|
Joshi
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||
|
Klingenschmitt
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||
|
Landgraf
|
||
|
Lontine
|
||
|
Primavera
|
||
|
Ransom
|
||
|
Ryden
|
||
|
Ginal
|
||
|
McCann
|
||
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
|
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06:54 PM
The committee members made comments about the bill. Representative Willett made comments about the bill. Committee discussion with Representative Willett about the bill ensued.
| BILL: | HB16-1201 | |
| TIME: | 07:18:28 PM | |
| MOVED: | Brown | |
| MOTION: | Refer House Bill 16-1201, as amended, to the Committee on Agriculture, as substitute motion. The motion failed on a vote of 6-7. | |
| SECONDED: | Landgraf | |
|
VOTE
|
||
|
Brown
|
Yes
|
|
|
Buckner
|
No
|
|
|
Esgar
|
No
|
|
|
Humphrey
|
Yes
|
|
|
Joshi
|
Yes
|
|
|
Klingenschmitt
|
Yes
|
|
|
Landgraf
|
Yes
|
|
|
Lontine
|
No
|
|
|
Primavera
|
No
|
|
|
Ransom
|
Yes
|
|
|
Ryden
|
No
|
|
|
Ginal
|
No
|
|
|
McCann
|
No
|
|
|
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
|
||
07:19 PM
Committee members made comments about the bill. Representative Willett made concluding remarks about the bill. Committee discussion about the bill ensued.
| BILL: | HB16-1201 | |
| TIME: | 07:20:56 PM | |
| MOVED: | Klingenschmitt | |
| MOTION: | Refer House Bill 16-1201, as amended, to the Committee of the Whole. The motion failed on a vote of 6-7. | |
| SECONDED: | Ransom | |
|
VOTE
|
||
|
Brown
|
Yes
|
|
|
Buckner
|
No
|
|
|
Esgar
|
No
|
|
|
Humphrey
|
Yes
|
|
|
Joshi
|
Yes
|
|
|
Klingenschmitt
|
Yes
|
|
|
Landgraf
|
Yes
|
|
|
Lontine
|
No
|
|
|
Primavera
|
No
|
|
|
Ransom
|
Yes
|
|
|
Ryden
|
No
|
|
|
Ginal
|
No
|
|
|
McCann
|
No
|
|
|
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
|
||
07:22 PM
Representative McCann and Representative Willett discussed the possibility of future legislation on the issues addressed in the bill.
| BILL: | HB16-1201 | |
| TIME: | 07:22:37 PM | |
| MOVED: | Ryden | |
| MOTION: | Postpone House Bill 16-1201 indefinitely. The motion passed on a vote of 7-6. | |
| SECONDED: | Ginal | |
|
VOTE
|
||
|
Brown
|
No
|
|
|
Buckner
|
Yes
|
|
|
Esgar
|
Yes
|
|
|
Humphrey
|
No
|
|
|
Joshi
|
No
|
|
|
Klingenschmitt
|
No
|
|
|
Landgraf
|
No
|
|
|
Lontine
|
Yes
|
|
|
Primavera
|
Yes
|
|
|
Ransom
|
No
|
|
|
Ryden
|
Yes
|
|
|
Ginal
|
Yes
|
|
|
McCann
|
Yes
|
|
|
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS
|
||
07:23 PM
The committee adjourned.