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Bill Summary for Bill Number SB16-169 Date: 05/03/2016
Location: HCR 0112
Final
BILL SUMMARY for SB16-169

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.040 (Attachment D). The motion f
Adopt amendment L.041 (Attachment C). The motion p
Adopt amendment L.042 (Attachment G). The motion f
Adopt amendment L.044 (Attachment E). The motion f
Adopt amendment L.046 (Attachment F). The motion p
Refer Senate Bill 16-169, as amended, to the Commi

Pass Without Objection
FAIL
FAIL
PASS
PASS



01:44 PM -- SB16-169

Representatives Kraft-Tharp and Landgraf, prime sponsors, presented Senate Bill 16-169, concerning changes related to the seventy-two-hour emergency mental health procedure. Committee members heard testimony on the bill at its April 28 meeting. Representative Kraft-Tharp read a statement supporting the bill. Representative Kraft-Tharp explained the effect of amendment L.041 (Attachment C).

16HouseJud0503AttachC.pdf16HouseJud0503AttachC.pdf
BILL: SB16-169
TIME: 01:52:59 PM
MOVED: Court
MOTION: Adopt amendment L.041 (Attachment C). The motion passed without objection.
SECONDED: Melton
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


02:00 PM

Representative Landgraf explained the effect of amendment L.040 (Attachment D). Discussion ensued regarding a potential separation-of-powers issue with the amendment, as well as other potential issues.

16HouseJud0503AttachD.pdf16HouseJud0503AttachD.pdf

02:17 PM

Discussion continued regarding potential issues with amendment L.040. Discussion ensued regarding the potential for conceptually amending the amendment to remove certain language.
BILL: SB16-169
TIME: 02:23:54 PM
MOVED: Lee
MOTION: Adopt amendment L.040 (Attachment D). The motion failed for lack of a second.
SECONDED:
VOTE
Carver
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


02:24 PM

Representative Kraft-Tharp explained the effect of amendment L.044 (Attachment E). Discussion ensued regarding the merits of the amendment.

16HouseJud0503AttachE.pdf16HouseJud0503AttachE.pdf
BILL: SB16-169
TIME: 02:25:05 PM
MOVED: Kagan
MOTION: Adopt amendment L.044 (Attachment E). The motion failed on a vote of 5-6.
SECONDED: Court
VOTE
Carver
No
Court
Yes
Dore
No
Foote
Yes
Lawrence
Yes
Lundeen
No
Melton
No
Salazar
No
Willett
No
Lee
Yes
Kagan
Yes
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


02:31 PM

Representative Landgraf explained the effect of amendment L.046 (Attachment F). Discussion ensued regarding stakeholder positions on the amendment, and a provision in the amendment concerning the rulemaking authority of the Department of Human Services.

16HouseJud0503AttachF.pdf16HouseJud0503AttachF.pdf
BILL: SB16-169
TIME: 02:46:03 PM
MOVED: Court
MOTION: Adopt amendment L.046 (Attachment F). The motion passed on a vote of 9-2.
SECONDED: Lawrence
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
No
Willett
Yes
Lee
Yes
Kagan
No
YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:47 PM

Representative Salazar explained the effect of amendment L.042 (Attachment G). Discussion ensued regarding the effect, merits, and fiscal impact of the amendment. Ms. Jane Ritter, Office of Legislative Legal Services, provided input on the impact of passing the amendment. Discussion followed regarding stakeholder positions on the amendment.

16HouseJud0503AttachG.pdf16HouseJud0503AttachG.pdf

03:08 PM

Discussion continued regarding the merits of amendment L.042. Discussion returned to the fiscal impact of amendment L.042, and the effect of the amendment.
BILL: SB16-169
TIME: 02:48:31 PM
MOVED: Salazar
MOTION: Adopt amendment L.042 (Attachment G). The motion failed on a vote of 2-8.
SECONDED: Melton
VOTE
Carver
No
Court
No
Dore
No
Foote
No
Lawrence
No
Lundeen
No
Melton
Yes
Salazar
Yes
Willett
No
Lee
Excused
Kagan
No
YES: 2 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL


03:19 PM

Discussion ensued regarding the potential for including certain due process requirements within the scope of SB 16-169. Representative Landgraf provided closing remarks in support of the bill, and various committee members provided their positions on the bill.
BILL: SB16-169
TIME: 03:24:52 PM
MOVED: Court
MOTION: Refer Senate Bill 16-169, as amended, to the Committee of the Whole. The motion passed on a vote of 9-2.
SECONDED: Lawrence
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
No
Salazar
No
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS