H_JUD_2016A 01/21/2016 01:33:30 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
| Date: | 01/21/2016 |
ATTENDANCE
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| Time: | 01:33 PM to 04:56 PM |
Carver
|
X
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|
Court
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X
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| Place: | HCR 0112 |
Dore
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*
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|
Foote
|
X
|
||
| This Meeting was called to order by |
Lawrence
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*
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|
| Representative Kagan |
Lundeen
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X
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|
Melton
|
X
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| This Report was prepared by |
Salazar
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X
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|
| Bo Pogue |
Willett
|
X
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|
Lee
|
X
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|
Kagan
|
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: | ||
| HB16-1032 Introduction of Fiscal Note Staff HB16-1057 Sunset Hearing for Identity Theft and Financial Fraud Deterrence Act Sunset Hearing for Commodity Metals Theft Task Force |
Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only Amended, Referred to the Committee of the Whole Bills Approved for Introduction (2) Bill Approved for Introduction |
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01:35 PM -- HB16-1032
The committee was called to order. A quorum was present. Representative Lontine, prime sponsor, presented House Bill 16-1032, concerning changes to the contents of a criminal summons. Representative Lontine explained the effect of the bill and discussed its need.
01:38 PM -- Sergeant Dave Hall, representing the Colorado State Patrol, testified in support of the bill. Sgt. Hall discussed the benefits of the legislation. Sgt. Hall responded to questions regarding jurisdictions in Colorado that use E-citation systems, and why certain citation information is not submitted to a defendant. Sgt. Hall responded to further questions regarding the evidentiary value of the language to be omitted from citations under the bill.
01:50 PM
Discussion ensued regarding the conduct of traffic stops using E-citation systems, and the citation model that will be used under HB 16-1032. Discussion followed regarding the impact of the legislation on officer safety. Sgt. Hall explained what type of citation a defendant can expect to receive under the bill, including the information that the citation would contain. Sgt. Hall responded to further questions regarding the types of offenses to which the citation changes under the bill would apply.
02:01 PM
| BILL: | HB16-1032 | |
| TIME: | 02:02:26 PM | |
| MOVED: | Court | |
| MOTION: | Refer House Bill 16-1032 to the Committee of the Whole. The motion passed on a vote of 10-1. | |
| SECONDED: | Lee | |
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VOTE
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||
|
Carver
|
Yes
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|
|
Court
|
Yes
|
|
|
Dore
|
Yes
|
|
|
Foote
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
No
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
Yes
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|
|
Lee
|
Yes
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|
|
Kagan
|
Yes
|
|
|
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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||
02:04 PM -- Introduction of Fiscal Note Staff
Ms. Kerry White and Ms. Amanda Hayden, fiscal note analysts within the Office of Legislative Council Staff, provided a refresher about the services provided by fiscal note analysts, and discussed some changes to the fiscal note forms for 2016.
02:06 PM -- HB16-1057
Representative Ransom, prime sponsor, presented House Bill 16-1057, concerning statutorily established time periods that are multiples of seven days. Representative Ransom explained the effect of the bill. Discussion ensued regarding the potential need for "rule of seven" bills in the future. No one testified regarding the bill. Representative Court explained the effect of prepared amendment L.001 (Attachment A).
16HouseJud0121AttachA.pdf
| BILL: | HB16-1057 | |
| TIME: | 02:10:21 PM | |
| MOVED: | Court | |
| MOTION: | Adopt amendment L.001 (Attachment A). The motion passed without objection. | |
| SECONDED: | Salazar | |
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VOTE
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Carver
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||
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Court
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||
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Dore
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||
|
Foote
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||
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Lawrence
|
||
|
Lundeen
|
||
|
Melton
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||
|
Salazar
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||
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Willett
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||
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Lee
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||
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Kagan
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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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02:11 PM
| BILL: | HB16-1057 | |
| TIME: | 02:11:26 PM | |
| MOVED: | Court | |
| MOTION: | Refer House Bill 16-1057, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Salazar | |
|
VOTE
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||
|
Carver
|
Yes
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|
|
Court
|
Yes
|
|
|
Dore
|
Yes
|
|
|
Foote
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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||
02:12 PM -- Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act
Mr. Tom Morris, Office of Legislative Legal Services, provided an overview of the statutory requirements associated with the sunset review process. Committee members received a copy of the statutes applicable to the process (Attachment B). Discussion ensued regarding the reasons why two bills are required for renewing the programs under the Identity Theft and Financial Fraud Deterrence Act.
16HouseJud0121AttachB.pdf
02:21 PM -- Mr. Bryan Jameson, Research Analyst for the Department of Regulatory Agencies (DORA), provided an overview of the sunset review process from the DORA perspective. Mr. Jameson weighed in on the need for two bills to reauthorize the Identity Theft and Financial Fraud Deterrence Act. Mr. Jameson provided background on how the sunset review process came into being, and the purpose of the process. He also explained the process by which DORA conducts its sunset reviews. Mr. Jameson responded to questions regarding the yearly sunset review schedule. Mr. Jameson responded to further questions regarding the number of agencies and functions subject to the sunset review process, and the number of such programs that have been sunsetted in the past.
02:35 PM
Discussion ensued regarding the placement of a repealer on a program by the General Assembly, and the overall scope of the sunset review process. Discussion followed regarding the fiscal ramifications of sunsetting or continuing programs or functions.
02:44 PM
Mr. Jameson provided an overview of the sunset report for the Identity Theft and Financial Fraud Deterrence Act. The report may be accessed at: https://drive.google.com/file/d/0B8bNvcf083ydZVZJUkJmTUlLUk0/view?pref=2&pli=1
Mr. Jameson responded to questions regarding the type designations for different state agencies and functions, and the powers and duties associated with these designations.
02:55 PM
Mr. Jameson discussed the recommendations made in the sunset review report for the Identity Theft and Financial Fraud Deterrence Act. Discussion ensued regarding the source of funding for the functions under the act.
03:09 PM
Discussion ensued regarding financial fraud statistics for Colorado. Discussion returned to the funding source for the programming under the act, and the potential for creating a more robust program for combatting identity theft and financial fraud.
03:16 PM -- Agent Ralph Gagliardi, representing the Colorado Bureau of Investigation (CBI), testified in support of the DORA sunset recommendations. Agent Gagliardi discussed the work of CBI's Identity Theft Unit, and the types of crimes investigated by the unit. Agent Gagliardi responded to questions regarding how complaints are filed with his unit, and the ability of law enforcement to recover assets from identity thieves.
03:29 PM
Agent Gagliardi responded to questions regarding how the state might better address identity theft, and the evolution of theft in Colorado. Mr. Jameson provided input on a recommendation in the DORA report about funding identity theft programming.
03:39 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of DORA's recommendations.
03:42 PM
Committee members received copies of two draft bills to continue programming under the Identity Theft and Financial Fraud Deterrence Act (Attachments C and D). Discussion ensued regarding how best to move forward with the bills to continue programming under the Identity Theft and Financial Fraud Deterrence Act. Mr. Morris returned to provide input on how to move forward with the bills. Discussion ensued regarding potential amendments to the bills before the committee.
16HouseJud0121AttachC.pdf 16HouseJud0121AttachD.pdf
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 03:51:54 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt the sunset review report for the Identity Theft and Financial Fraud Deterrence Act. The motion was ruled out of order. | |
| SECONDED: | Court | |
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VOTE
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|
Carver
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||
|
Court
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||
|
Dore
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||
|
Foote
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||
|
Lawrence
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||
|
Lundeen
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||
|
Melton
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||
|
Salazar
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||
|
Willett
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||
|
Lee
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||
|
Kagan
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||
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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03:55 PM
Discussion continued regarding how best to move forward with the draft bills for the Identity Theft and Financial Fraud Deterrence Act.
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 04:00:00 PM | |
| MOVED: | Kagan | |
| MOTION: | Continue the Identity Theft and Financial Fraud Board. The motion passed on a vote of 10-0. | |
| SECONDED: | Salazar | |
|
VOTE
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||
|
Carver
|
Yes
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|
|
Court
|
Yes
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|
|
Dore
|
Yes
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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||
04:01 PM
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act. | |
| TIME: | 04:01:43 PM | |
| MOVED: | Kagan | |
| MOTION: | Continue the Colorado Fraud Investigators Unit. The motion passed on a vote of 10-0. | |
| SECONDED: | Lee | |
|
VOTE
|
||
|
Carver
|
Yes
|
|
|
Court
|
Yes
|
|
|
Dore
|
Yes
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
|
||
04:02 PM
Discussion ensued regarding the merits of introducing both of the draft bills associated with the Identity Theft and Financial Fraud Deterrence Act, and the titles of the draft bills. Discussion followed regarding the potential for striking the title trailers in both draft bills.
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 04:10:49 PM | |
| MOVED: | Dore | |
| MOTION: | Adopt amendment to remove the title trailer to draft bill LLS No. 16-0430.01. The motion passed on a vote of 7-3. | |
| SECONDED: | Lundeen | |
|
VOTE
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||
|
Carver
|
Yes
|
|
|
Court
|
No
|
|
|
Dore
|
Yes
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
No
|
|
|
Salazar
|
No
|
|
|
Willett
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
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YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS
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04:13 PM
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 04:13:07 PM | |
| MOVED: | Kagan | |
| MOTION: | Introduce draft Bill LLS. No. 16-0430.01 (Attachment C), as amended. The motion passed on a vote of 10-0. | |
| SECONDED: | Lee | |
|
VOTE
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||
|
Carver
|
Yes
|
|
|
Court
|
Yes
|
|
|
Dore
|
Yes
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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||
04:15 PM
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 04:16:00 PM | |
| MOVED: | Dore | |
| MOTION: | Adopt amendment to remove the title trailer to draft bill LLS No. 16-0472.01. The motion passed on a vote of 7-3. | |
| SECONDED: | Lundeen | |
|
VOTE
|
||
|
Carver
|
Yes
|
|
|
Court
|
No
|
|
|
Dore
|
Yes
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
No
|
|
|
Salazar
|
No
|
|
|
Willett
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS
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||
04:17 PM
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 04:17:14 PM | |
| MOVED: | Kagan | |
| MOTION: | Introduce draft bill LLS. No. 16-0472.01 (Attachment D), as amended. The motion passed on a vote of 10-0. | |
| SECONDED: | Lee | |
|
VOTE
|
||
|
Carver
|
Yes
|
|
|
Court
|
Yes
|
|
|
Dore
|
Yes
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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||
04:18 PM
Representative Lee was appointed sponsor of the two bills to be introduced addressing the continuation of programming under the Identity Theft and Financial Fraud Deterrence Act. Discussion ensued regarding the need for a safety clause on the bills.
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 04:24:52 PM | |
| MOVED: | Salazar | |
| MOTION: | Include a safety clause in draft bill LLS. No. 16-0472.01. The motion failed on a 5-5 vote. | |
| SECONDED: | Melton | |
|
VOTE
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||
|
Carver
|
No
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|
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Court
|
Yes
|
|
|
Dore
|
No
|
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|
Foote
|
Excused
|
|
|
Lawrence
|
No
|
|
|
Lundeen
|
No
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
No
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE
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||
| BILL: | Sunset Report Hearing for the Identity Theft and Financial Fraud Deterrence Act | |
| TIME: | 04:27:14 PM | |
| MOVED: | Court | |
| MOTION: | Include a safety clause in draft bill LLS No. 16-0430.01. The motion failed on a 5-5 vote. | |
| SECONDED: | Salazar | |
|
VOTE
|
||
|
Carver
|
No
|
|
|
Court
|
Yes
|
|
|
Dore
|
No
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
No
|
|
|
Lundeen
|
No
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
No
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE
|
||
04:28 PM -- Sunset Report Hearing for Commodity Metals Theft Task Force
Ms. Ellen Graham, Policy Analyst for DORA, presented the sunset review report for the Commodity Metals Theft Task Force. The report may be accessed at: https://drive.google.com/file/d/0B8bNvcf083ydSDhkNUU3VkN6NnM/view?pref=2&pli=1
Committee members received copies of a draft bill to continue the task force (Attachment E). Ms. Graham responded to questions regarding why the draft bill addressing the task force does not provide for a future repealer. Ms. Graham and the committee continued to discuss the effect of a future repealer.
16HouseJud0121AttachE.pdf
04:37 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of DORA's recommendations to continue the task force. Ms. Ackerman discussed the law enforcement issues that are addressed by the task force.
04:39 PM -- Mr. R.J. Hicks, representing the Institute of Scrap Recycling Industries, testified in support of continuing the task force. Mr. Hicks discussed the legislative landscape pertaining to commodity metals prior to the institution of the task force, and explained how the task force has improved this landscape. Mr. Hicks made some specific recommendations about the draft legislation associated with the task force.
04:46 PM -- Mr. Bobby Juchem, representing the Colorado State Patrol and the Commodity Metals Theft Task Force as its chair, testified in support of continuing the task force. Mr. Juchem discussed the merits of the task force and its work.
04:49 PM
Representative Carver explained the effect of amendment 1 (Attachment F).
16HouseJud0121AttachF.pdf
| BILL: | Sunset Report Hearing for Commodity Metals Theft Task Force | |
| TIME: | 04:49:48 PM | |
| MOVED: | Carver | |
| MOTION: | Adopt amendment No. 1 (Attachment F). The motion passed without objection. | |
| SECONDED: | Court | |
|
VOTE
|
||
|
Carver
|
||
|
Court
|
||
|
Dore
|
||
|
Foote
|
||
|
Lawrence
|
||
|
Lundeen
|
||
|
Melton
|
||
|
Salazar
|
||
|
Willett
|
||
|
Lee
|
||
|
Kagan
|
||
|
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
|
||
04:50 PM
Mr. Richard Sweetman, Office of Legislative Legal Services, asked the committee about including a safety clause in the bill, and the latitude to make technical changes to the bill. He also asked other specific questions about the draft.
| BILL: | Sunset Hearing Report for Commodity Metals Theft Task Force | |
| TIME: | 04:52:26 PM | |
| MOVED: | Court | |
| MOTION: | Introduce draft bill LLS. No. 16-0437.01 (Attachment E), as amended. The motion passed on a vote of 10-0. | |
| SECONDED: | Salazar | |
|
VOTE
|
||
|
Carver
|
Yes
|
|
|
Court
|
Yes
|
|
|
Dore
|
Yes
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
|
||
04:53 PM
Representative Court was appointed as a co-prime sponsor of the draft bill associated with the continuation of the Commodity Metals Theft Task Force.
| BILL: | Sunset Hearing Report for Commodity Metals Theft Task Force | |
| TIME: | 04:54:24 PM | |
| MOVED: | Kagan | |
| MOTION: | Appoint Duran as a co-prime sponsor for draft bill LLS. No. 16-0437.01. The motion passed on a vote of 10-0. | |
| SECONDED: | Court | |
|
VOTE
|
||
|
Carver
|
Yes
|
|
|
Court
|
Yes
|
|
|
Dore
|
Yes
|
|
|
Foote
|
Excused
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
|
||
04:56 PM
The committee adjourned.