S_AGR_2017A 04/26/2017 Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY
| Date: | 04/26/2017 |
ATTENDANCE
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| Time: | 11:37 AM to 01:37 PM |
Cooke
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X
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Coram
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X
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| Place: | SCR 357 |
Donovan
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X
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|
Fenberg
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*
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||
| This Meeting was called to order by |
Fields
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*
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| Senator Sonnenberg |
Garcia
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X
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Jones
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X
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| This Report was prepared by |
Marble
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X
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| David Beaujon |
Scott
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*
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Baumgardner
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X
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|
Sonnenberg
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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: | ||
| SB17-275 HB17-1227 HB17-1257 SJR17-033 SJM17-005 SJR17-034 |
Amended, Referred to Senate Finance Referred to Senate Finance Referred to the Committee of the Whole - Consent Calendar Favorably Refer to Full Senate Postponed Indefinitely Postponed Indefinitely |
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11:37 AM -- SJR 17-034
Senator Aguilar, prime-sponsor, summarized the provisions of Senate Joint Resolution 17-034 concerning support for the Affordable Care Act. Public testimony on the resolution occurred on April 20, 2017.
| BILL: | SJR17-034 | |
| TIME: | 11:38:41 AM | |
| MOVED: | Jones | |
| MOTION: | Refer SJR17-034 to the Senate for final action The motion failed on a 5-5 vote. | |
| SECONDED: | ||
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VOTE
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||
|
Cooke
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No
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|
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Coram
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No
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|
Donovan
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Yes
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Fenberg
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Yes
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Fields
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Yes
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Garcia
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Yes
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Jones
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Yes
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Marble
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No
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Scott
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Excused
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Baumgardner
|
No
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|
|
Sonnenberg
|
No
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|
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YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE
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11:42 AM
The bill was laid over until later in this meeting.
11:42 AM -- SB 17-275
Senator Baumgardner and Senator Jahn, co-prime sponsors, described the provisions of Senate Bill 17-275 concerning marijuana pesticides test medical effectiveness and distributed Amendment L.001 (Attachment A) and Amendment L.004 (Attachment B). The bill allows Marijuana Tax Cash Fund (MTCF) moneys to be used for research into the health effects of marijuana and addresses issues related to the use of pesticides in the cultivation of medical and retail marijuana. The bill expands the types of pesticides that may be used in the cultivation and production of medical and retail marijuana under certain conditions. The pesticide must either be on the Department of Agriculture's approved list of pesticides or otherwise meet one of the following conditions: be exempt from registration under federal law; be allowed for use on the Environmental Protection Agency Crop Group 19 for herbs and spices, hops, or unspecified crops or plants; or be listed by the Organic Materials Review Institute or a successor organization. For all pesticides, the label must show that the pesticide can be used at the intended site of application on crops and plants intended for human consumption.
170426 AttachA.pdf170426 AttachB.pdf
The following persons testified on the bill:
11:50 AM -- Angela Medberry, Sierra Club, spoke in opposition to the bill and proposed amendments to the bill. She also distributed the July/August 1988 edition of the Pesticide Network News (Attachment C).
170426 AttachC.pdf
11:52 AM -- Richard Andrews, representing himself, spoke in opposition to certain provisions of the bill and in support of other provisions related to research on pesticides. He also distributed a copy of his testimony (Attachment D).
170426 AttachD.pdf
11:56 AM -- Kara Miller, Marijuana Industry Group, spoke in support of the bill and amendments L.001 and L.004.
12:00 PM -- Michael Drozd, Eurofins, explained his company operates laboratories and spoke in support of the bill.
12:01 PM -- Jessica LaRoux, representing herself, commented on the bill and expressed concern about its effect on the caregiver community.
12:06 PM -- Karin McGowin, Colorado Department of Public Health and Environment, spoke in opposition to the bill and proposed that a working group be formed to develop legislative recommendations to address the sponsor's objectives. She also responded to questions from the committee about the department's effort to work with the marijuana industry to develop the bill and the department's role in regulating the marijuana industry.
12:09 PM -- Heather Krug, Laboratory Service Division in the Colorado Department of Public Health and Environment, discussed the department's laboratory certification program.
12:11 PM -- Mitch Yergert, Colorado Department of Agriculture, spoke in opposition to the bill as introduced and spoke in support of Amendments L.001 and L.004. He also responded to questions from the committee regarding the bill's potential impacts to the Colorado Department of Agriculture.
12:13 PM -- Jim Burack, Director, Marijuana Enforcement Division, Colorado Department of Revenue, spoke in opposition to the introduced bill and proposed that a working group be formed to develop legislative recommendation to address the sponsor's objectives. He also responded to questions from the committee regarding the department's concerns with the bill.
12:30 PM -- Saskia Young, LiveWell, spoke in support of Amendments L.001 and L.004.
12:34 PM
Senator Baumgardner proposed a conceptual amendment to amend Amendment L.001 to address concerns identified during public testimony.
12:39 PM
Ms. McGowin returned to respond to questions from the committee about the department's regulatory authority and concerns the department had with the bill.
12:35 PM
The chair closed testimony, and Senator Jahn and Senator Baumgardner closed their remarks on the bill and the proposed amendments.
| BILL: | SB17-275 | |
| TIME: | 12:43:18 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Refer Senate Bill 17-275, as amended, to the Committee on Finance. The motion passed on a vote of 8-3. | |
| SECONDED: | ||
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VOTE
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||
|
Cooke
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Yes
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|
Coram
|
Yes
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|
Donovan
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No
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|
Fenberg
|
Yes
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|
|
Fields
|
No
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Garcia
|
Yes
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|
|
Jones
|
Yes
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|
Marble
|
No
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|
Scott
|
Yes
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|
Baumgardner
|
Yes
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|
|
Sonnenberg
|
Yes
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Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
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| BILL: | SB17-275 | |
| TIME: | 12:44:04 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Adopt amendment L.001, as amended. The motion passed on a vote of 9-2. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Yes
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Coram
|
Yes
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|
Donovan
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No
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|
|
Fenberg
|
Yes
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|
|
Fields
|
No
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|
Garcia
|
Yes
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|
|
Jones
|
Yes
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|
|
Marble
|
Yes
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|
|
Scott
|
Yes
|
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|
Baumgardner
|
Yes
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|
|
Sonnenberg
|
Yes
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|
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YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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| BILL: | SB17-275 | |
| TIME: | 12:44:26 PM | |
| MOVED: | Baumgardner | |
| MOTION: | This is a conceptual amendment to amend Amendment L.001, Page 1, strike lines 10 and 11, Page 2, strike lines 6 through 35, Page 3, strike lines 24 through 40, and Page 4, strike lines 1 through 7. The motion passed on a vote of 9-2. | |
| SECONDED: | ||
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VOTE
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|
Cooke
|
Yes
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|
|
Coram
|
Yes
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|
|
Donovan
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No
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|
|
Fenberg
|
Yes
|
|
|
Fields
|
No
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|
Garcia
|
Yes
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|
|
Jones
|
Yes
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|
Marble
|
Yes
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|
Scott
|
Yes
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|
Baumgardner
|
Yes
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|
|
Sonnenberg
|
Yes
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YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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12:45 PM
Tom Morris, Office of Legislative Legal Services, identified changes to the conceptual amendment to Amendment L.001 to reconcile these changes with Amendment L.004. Senator Baumgardner modified his motion to include these changes.
| BILL: | SB17-275 | |
| TIME: | 12:48:15 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Adopt amendment L.004. The motion passed on a vote of 10-1. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Yes
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|
Coram
|
Yes
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|
Donovan
|
Yes
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|
|
Fenberg
|
Yes
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|
|
Fields
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No
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Garcia
|
Yes
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|
Jones
|
Yes
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|
Marble
|
Yes
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|
Scott
|
Yes
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|
Baumgardner
|
Yes
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|
Sonnenberg
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Yes
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YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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12:55 PM -- HB 17-1227
Public testimony on House Bill 17-1227 concerning electric demand-side management program extension occurred on April 20, 2017. The bill extends these demand-side management programs to 2028. The bill also requires the PUC to set new goals for demand-side management programs implemented between 2019 and 2028 of a 5 percent reduction in peak demand and energy sales relative to 2018 levels. The PUC has the discretion to establish interim goals or revise goals. Senator Priola and Senator Fenberg, co-prime sponsors, closed their comments on the bill and responded to questions from the committee about the bill.
01:02 PM
The committee discussed the bill.
| BILL: | HB17-1227 | |
| TIME: | 01:12:38 PM | |
| MOVED: | Fenberg | |
| MOTION: | Refer House Bill 17-1227 to the Committee of the Whole. There was a substitute motion to this motion that passed. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Coram
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|
Donovan
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|
Fenberg
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Fields
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|
Garcia
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|
Jones
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|
Marble
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|
Scott
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|
Baumgardner
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Sonnenberg
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||
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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| BILL: | HB17-1227 | |
| TIME: | 01:12:59 PM | |
| MOVED: | Cooke | |
| MOTION: | This is a substitute motion to refer House Bill 17-1227 to the Committee on Finance. The motion passed on a vote of 6-5. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Yes
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Coram
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Yes
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Donovan
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No
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Fenberg
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No
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Fields
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No
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Garcia
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No
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Jones
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No
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Marble
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Yes
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Scott
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Yes
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|
Baumgardner
|
Yes
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|
Sonnenberg
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Yes
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Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS
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01:21 PM -- HB 17-1257
Public testimony on House Bill 17-1257, concerning the scheduled repeal of reports by the Department of Natural Resources (DNR) to the General Assembly, occurred on April 20, 2017.
| BILL: | HB17-1257 | |
| TIME: | 01:21:40 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Refer House Bill 17-1257 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 11-0. | |
| SECONDED: | ||
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VOTE
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|
Cooke
|
Yes
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Coram
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Yes
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|
Donovan
|
Yes
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|
Fenberg
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Yes
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|
Fields
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Yes
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Garcia
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Yes
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|
Jones
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Yes
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Marble
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Yes
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|
Scott
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Yes
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Baumgardner
|
Yes
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|
Sonnenberg
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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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01:22 PM -- SJR 17-033
Public testimony on Senate Joint Resolution 17-033 concerning Earth Day occurred on April 20, 2017. Senator Kerr closed his remarks on the resolution.
| BILL: | SJR17-033 | |
| TIME: | 01:26:12 PM | |
| MOVED: | Donovan | |
| MOTION: | Refer SJR17-033 to the Senate for final action. The motion passed on a vote of 6-5. This motion was later determined to be out of order because the resolution was dual assigned to Senate State, Veterans, and Military Affairs Committee. On April 27, the Senate Agriculture, Natural Resources, and Energy Committee reconsidered this motion and then referred the resolution to the Senate State, Veterans, and Military Affairs Committee. |
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| SECONDED: | ||
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VOTE
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|
Cooke
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No
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Coram
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Yes
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|
Donovan
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Yes
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|
|
Fenberg
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Yes
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|
|
Fields
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Yes
|
|
|
Garcia
|
Yes
|
|
|
Jones
|
Yes
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|
|
Marble
|
No
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|
|
Scott
|
No
|
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|
Baumgardner
|
No
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|
|
Sonnenberg
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No
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YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS
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01:27 PM -- SJM 17-005
Public testimony on Senate Joint Memorial 17-005 concerning energy subsidies occurred on April 20, 2017. Senator Jones closed his remarks on the resolution.
01:27 PM
Senator Scott distributed Amendment L.001 (Attachment E).
170426 AttachE.pdf
| BILL: | SJM17-005 | |
| TIME: | 01:29:18 PM | |
| MOVED: | Scott | |
| MOTION: | Adopt amendment L.001. This motion was withdrawn. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Coram
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|
Donovan
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|
Fenberg
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|
Fields
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|
Garcia
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|
Jones
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|
Marble
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|
Scott
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|
Baumgardner
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|
Sonnenberg
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||
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Withdrawn
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| BILL: | SJM17-005 | |
| TIME: | 01:31:16 PM | |
| MOVED: | Jones | |
| MOTION: | This is a conceptual amendment to amend Amendment L.001, Page 1, line 2, after "Renewable" insert "coal, oil and gas, and nuclear", The motion failed on a vote of 5-6. | |
| SECONDED: | ||
|
VOTE
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|
Cooke
|
No
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|
|
Coram
|
No
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|
|
Donovan
|
Yes
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|
|
Fenberg
|
Yes
|
|
|
Fields
|
Yes
|
|
|
Garcia
|
Yes
|
|
|
Jones
|
Yes
|
|
|
Marble
|
No
|
|
|
Scott
|
No
|
|
|
Baumgardner
|
No
|
|
|
Sonnenberg
|
No
|
|
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YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | SJM17-005 | |
| TIME: | 01:33:48 PM | |
| MOVED: | Jones | |
| MOTION: | Refer SJM17-005 to the Senate for final action The motion failed on a vote of 4-7. | |
| SECONDED: | ||
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VOTE
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|
Cooke
|
No
|
|
|
Coram
|
No
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|
|
Donovan
|
No
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|
|
Fenberg
|
Yes
|
|
|
Fields
|
Yes
|
|
|
Garcia
|
Yes
|
|
|
Jones
|
Yes
|
|
|
Marble
|
No
|
|
|
Scott
|
No
|
|
|
Baumgardner
|
No
|
|
|
Sonnenberg
|
No
|
|
|
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | SJM17-005 | |
| TIME: | 01:34:57 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Postpone SJM17-005 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. The motion passed without objection. | |
| SECONDED: | ||
|
VOTE
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||
|
Cooke
|
Yes
|
|
|
Coram
|
Yes
|
|
|
Donovan
|
Yes
|
|
|
Fenberg
|
No
|
|
|
Fields
|
No
|
|
|
Garcia
|
No
|
|
|
Jones
|
No
|
|
|
Marble
|
Yes
|
|
|
Scott
|
Yes
|
|
|
Baumgardner
|
Yes
|
|
|
Sonnenberg
|
Yes
|
|
|
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
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01:35 PM -- SJR 17-034
Earlier in this meeting, a motion to refer this resolution to the Senate failed on a vote of 5 to 5.
| BILL: | SJR17-034 | |
| TIME: | 01:36:32 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Postpone SJR17-034 indefinitely. The motion passed on a vote of 6-5. | |
| SECONDED: | ||
|
VOTE
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||
|
Cooke
|
Yes
|
|
|
Coram
|
Yes
|
|
|
Donovan
|
No
|
|
|
Fenberg
|
No
|
|
|
Fields
|
No
|
|
|
Garcia
|
No
|
|
|
Jones
|
No
|
|
|
Marble
|
Yes
|
|
|
Scott
|
Yes
|
|
|
Baumgardner
|
Yes
|
|
|
Sonnenberg
|
Yes
|
|
|
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS
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||
01:37 PM
The committee adjourned.