H_JUD_2017A 02/14/2017 Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
| Date: | 02/14/2017 |
ATTENDANCE
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| Time: | 01:36 PM to 04:18 PM |
Benavidez
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X
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Carver
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X
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| Place: | HCR 0112 |
Foote
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X
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Herod
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X
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| This Meeting was called to order by |
Lundeen
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X
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| Representative Lee |
Melton
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X
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Weissman
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X
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| This Report was prepared by |
Willett
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X
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| Bo Pogue |
Wist
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X
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Salazar
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X
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Lee
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X
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| HB17-1070 HB17-1142 HB17-1039 |
Amended, Referred to House Appropriations Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole |
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01:36 PM -- HB17-1070
The committee was called to order. A quorum was present. Representative Wilson, prime sponsor, presented House Bill 17-1070, concerning the use of unmanned aircraft systems to perform government functions relating to public safety, and, in connection therewith, requiring the Center of Excellence within the Department of Public Safety to perform a study and operate a pilot program. Representative Wilson explained the effect of the bill and discussed its need. Discussion ensued regarding the effect of a number of forthcoming amendments. Discussion ensued regarding the fiscal impact of the bill, and the role of the Center of Excellence within the Department of Public Safety's Division of Fire Prevention and Control.
01:48 PM
Discussion ensued regarding the use of drones by sheriffs' offices in Colorado. The following persons testified regarding HB 17-1070:
01:50 PM -- Ms. Jessica LeRoux, representing herself, testified in opposition to the bill. Ms. LeRoux expressed concerns with the bill, including concerns about privacy and law enforcement corruption. Discussion ensued regarding the use of drones by law enforcement in Mesa County. Ms. LeRoux responded to questions regarding the potential for amending the bill to reduce its scope to the use of drones by certain first responders.
01:57 PM -- Ms. Melissa Lineberger, representing the Department of Public Safety, testified in support of the bill, as amended. Committee members received a fact sheet supporting the bill, prepared by the Department of Public Safety (Attachment A). Ms. Lineberger discussed the need for the legislation, and explained how the pilot program established by the bill would benefit her office and other government entities in Colorado. Ms. Lineberger noted some entities that are supporting the bill. Ms. Lineberger responded to questions regarding certain amendments that limit the scope of the bill, and concerns about the use of drones by law enforcement.
17HouseJud0214AttachA.pdf
02:08 PM
Ms. Lineberger responded to questions regarding the potential for amending HB 17-1070 to limit its scope by excluding law enforcement, and the responsibility of fire fighters when encountering illegal activity. Discussion ensued regarding the fiscal impact of the bill, and potential funding sources for the pilot program created by the bill. Discussion followed regarding potential in-kind donations to the pilot program created by the bill, and policies governing the gathering and storage of data by state agencies. Ms. Lineberger responded to questions regarding national organizations that develop policies governing the use of drones by public agencies.
02:19 PM
Discussion returned to the storage of data captured during drone use by public agencies, and the potential for law enforcement to access this data. Discussion followed regarding the scope of the bill, and restrictions on drone use by law enforcement.
02:29 PM
Discussion returned to the potential for amending HB 17-1070 to limit it to the use of drones for firefighting purposes only.
02:30 PM -- Mr. Wendell Pryor, representing the Chaffee County Economic Development Corporation, testified in support of the bill. Mr. Pryor explained that local governments are already using drones, and discussed the benefits of the legislation. Mr. Pryor addressed questions raised during earlier testimony, and the scope of HB 17-1070. Mr. Pryor discussed Chaffee County's interest in partnering with the Center of Excellence on the drone study.
02:36 PM -- Mr. Sean McClung, representing UAS Colorado, testified in support of HB 17-1070. Mr. McClung discussed the benefits of creating a pilot program under the bill in the areas of economic development and public safety. He discussed Colorado's position in the drone industry, and noted some individuals supporting the bill. Mr. McClung also addressed the bill's forthcoming amendments. Mr. McClung responded to questions regarding state and federal laws governing the use of drones, and addressed earlier testimony about privacy concerns surrounding law enforcement and drones.
02:47 PM -- Mr. Allan Bishop, representing Reference Technologies, testified in support of the bill. Mr. Bishop explained the benefits of drone use for public safety purposes. Mr. Bishop discussed the use of drones during a recent wildfire in Boulder County, and discussed other situations that benefitted from drone use. Mr. Bishop addressed some concerns raised during earlier testimony.
03:00 PM -- Ms. Allison Daley, representing Colorado Counties, Inc., testified in support of HB 17-1070.
03:01 PM -- Mr. Greg Romberg, representing the Colorado Broadcasters Association, testified in support of the bill. Mr. Romberg discussed the use of drones to help protect public communications infrastructure.
03:03 PM -- Mr. Chris Linsmeyer, representing Colorado Ski Country USA, testified in support of HB 17-1070. Mr. Linsmeyer discussed the use of drones for search and rescue activities.
03:05 PM -- Mr. Richard Orf, representing the Associated Governments of Northwest Colorado, testified in support of the bill.
03:07 PM
Representative Wilson explained the effect of amendment L.002 (Attachment B).
17HouseJud0214AttachB.pdf
| BILL: | HB17-1070 | |
| TIME: | 03:08:06 PM | |
| MOVED: | Willett | |
| MOTION: | Adopt amendment L.002 (Attachment B). The motion passed without objection. | |
| SECONDED: | Lundeen | |
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VOTE
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Benavidez
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Carver
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Foote
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Herod
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:08 PM
Representative Wilson explained the effect of amendment L.003 (Attachment C).
17HouseJud0214AttachC.pdf
| BILL: | HB17-1070 | |
| TIME: | 03:08:45 PM | |
| MOVED: | Willett | |
| MOTION: | Adopt amendment L.003 (Attachment C). The motion passed without objection. | |
| SECONDED: | Lundeen | |
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VOTE
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Benavidez
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Carver
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Foote
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Herod
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:09 PM
Representative Salazar explained the effect of amendment L.006 (Attachment D).
17HouseJud0214AttachD.pdf
| BILL: | HB17-1070 | |
| TIME: | 03:09:56 PM | |
| MOVED: | Salazar | |
| MOTION: | Adopt amendment L.006 (Attachment D). The motion passed on a vote of 9-1. | |
| SECONDED: | Melton | |
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VOTE
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Benavidez
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Yes
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Carver
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Excused
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Foote
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Yes
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Herod
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Yes
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Lundeen
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Yes
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Melton
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Yes
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Weissman
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Yes
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Willett
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No
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Wist
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Yes
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Salazar
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Yes
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Lee
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Yes
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YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS
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03:21 PM
Representative Wilson provided closing remarks in support of HB 17-1070. Various committee members expressed their positions on the bill.
| BILL: | HB17-1070 | |
| TIME: | 03:21:44 PM | |
| MOVED: | Lundeen | |
| MOTION: | Refer House Bill 17-1070, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0. | |
| SECONDED: | Salazar | |
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VOTE
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Benavidez
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Yes
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Carver
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Yes
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Foote
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Yes
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Herod
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Yes
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Lundeen
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Yes
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Melton
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Yes
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Weissman
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Yes
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Willett
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Yes
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Wist
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Yes
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Salazar
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Yes
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Lee
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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03:30 PM
The committee recessed.
03:38 PM -- HB17-1142
Representative Jackson, prime sponsor, presented House Bill 17-1142, concerning certain court proceedings. Representative Jackson explained the effect of the bill and discussed its need. Representative Jackson responded to questions regarding filings being posted on a bulletin board at the court of jurisdiction. The following persons testified regarding HB 17-1142:
03:42 PM -- Ms. Molly Saxton and Mr. Terry Scanlon, representing the Judicial Branch, testified in support of the bill. Ms. Saxton addressed the question posed earlier, and explained how filings are made available to the public. Mr. Scanlon responded to questions regarding legislation similar to HB 17-1142 adopted in 2016.
03:45 PM
| BILL: | HB17-1142 | |
| TIME: | 03:46:07 PM | |
| MOVED: | Salazar | |
| MOTION: | Adopt amendment L.002 (Attachment E). The motion passed without objection. | |
| SECONDED: | Herod | |
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VOTE
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Benavidez
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Carver
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Foote
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Herod
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:47 PM
| BILL: | HB17-1142 | |
| TIME: | 03:47:37 PM | |
| MOVED: | Salazar | |
| MOTION: | Refer House Bill 17-1142, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Melton | |
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VOTE
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|
Benavidez
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Yes
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Carver
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Yes
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Foote
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Yes
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Herod
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Yes
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Lundeen
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Yes
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Melton
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Yes
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Weissman
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Yes
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Willett
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Yes
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Wist
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Yes
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Salazar
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Yes
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Lee
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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03:48 PM -- HB17-1039
Representative Lee, prime sponsor, presented House Bill 17-1039, concerning communication issues related to restorative justice. Representative Lee provided background on the issue of restorative justice, and explained its benefits. Representative Lee explained the effect of HB 17-1039 and discussed its need. Representative Lee recounted some instances where restorative justice has benefitted the community. Representative Lee explained the effect of some forthcoming amendments to the bill. Representative Lee responded to questions regarding expected trends in the use of restorative justice. The following person testified regarding HB 17-1039:
04:04 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Cain first read the testimony of Mr. Tom Raynes, Colorado District Attorneys' Council, in support of the bill. Discussion ensued regarding the position of the Colorado District Attorneys' Council on a forthcoming amendment. Ms. Cain then provided her input on the merits of the legislation. Ms. Cain responded to questions regarding the administration of the bill.
04:09 PM -- Ms. Amanda Hayden, Legislative Council Staff, discussed the fiscal impact of amendments L.002 (Attachment F).
17HouseJud0214AttachF.pdf
04:10 PM
Representative Lee explained the effect of amendment L.002 (Attachment F).
| BILL: | HB17-1039 | |
| TIME: | 04:11:06 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.002 (Attachment F). The motion passed without objection. | |
| SECONDED: | Melton | |
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VOTE
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Benavidez
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Carver
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Foote
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Herod
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:11 PM
Representative Lee explained the effect of amendment L.004 (Attachment G).
17HouseJud0214AttachG.pdf
| BILL: | HB17-1039 | |
| TIME: | 04:12:08 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.004 (Attachment G). The motion passed without objection. | |
| SECONDED: | Herod | |
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VOTE
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|
Benavidez
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Carver
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Foote
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Herod
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:13 PM
Representative Lee provided closing remarks in support of HB 17-1039. Discussion ensued on the merits of the legislation.
| BILL: | HB17-1039 | |
| TIME: | 04:13:42 PM | |
| MOVED: | Lee | |
| MOTION: | Refer House Bill 17-1039, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Weissman | |
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VOTE
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|
Benavidez
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Yes
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Carver
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Yes
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Foote
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Yes
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|
Herod
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Yes
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Lundeen
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Yes
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Melton
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Yes
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Weissman
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Yes
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Willett
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Yes
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Wist
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Yes
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Salazar
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Yes
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Lee
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:18 PM
The committee adjourned.