H_JUD_2016A 02/18/2016 01:33:20 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
| Date: | 02/18/2016 |
ATTENDANCE
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| Time: | 01:33 PM to 03:38 PM |
Carver
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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
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X
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||
| This Meeting was called to order by |
Lawrence
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X
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| Representative Kagan |
Lundeen
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X
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Melton
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X
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| This Report was prepared by |
Salazar
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X
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| Bo Pogue |
Willett
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X
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Lee
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X
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Kagan
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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: | ||
| HB16-1080 HB16-1129 SB16-004 SB16-031 HB16-1192 |
Amended, Referred to Appropriations Amended, Referred to Appropriations Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole |
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01:35 PM -- HB16-1080
The committee was called to order. A quorum was present. Representative Foote, prime sponsor, presented House Bill 16-1080, concerning assault by strangulation. The committee heard testimony on the bill at its February 9 meeting, and resumed testimony at this meeting. The following persons testified regarding the bill:
01:36 PM -- Mr. Mark Hurlbert, representing the Eighteenth Judicial District and the Colorado District Attorneys' Council, resumed his testimony in support of HB 16-1080.
01:37 PM -- Mr. Scott Turner, representing the Attorney General's Office, testified in support of the bill. Mr. Turner discussed the definition of strangulation in the bill, and responded to questions regarding this definition. Mr. Turner responded to questions regarding a potential amendment.
01:43 PM -- Ms. Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill. Ms. Waligorski discussed the process undertaken by stakeholders in crafting HB 16-1080, and placed assault by strangulation in the context of other felony crimes. She quoted research on strangulation. Ms. Waligorski responded to questions regarding a forthcoming amendment, and what constitutes strangulation.
01:57 PM
The committee recessed.
02:00 PM
The committee returned to order. Representative Melton explained the effect of amendment L.004 (Attachment A). Discussion ensued regarding the differences between amendments L.004 and L.003 (Attachment B), and the merits of these amendments.
16HouseJud0218AttachA.pdf 16HouseJud0218AttachB.pdf
02:15 PM
Discussion continued regarding the merits of amendments L.003 and L.004.
| BILL: | HB16-1080 | |
| TIME: | 02:01:55 PM | |
| MOVED: | Melton | |
| MOTION: | Adopt amendment L.004 (Attachment A). The motion failed on a vote of 4-7. | |
| SECONDED: | Lee | |
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VOTE
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Carver
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No
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Court
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No
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Dore
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Yes
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Foote
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No
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Lawrence
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No
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Lundeen
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Yes
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Melton
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Yes
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Salazar
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No
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Willett
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Yes
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Lee
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No
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Kagan
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No
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YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | HB16-1080 | |
| TIME: | 02:17:56 PM | |
| MOVED: | Melton | |
| MOTION: | Adopt amendment L.003 (Attachment B). The motion passed without objection. | |
| SECONDED: | Foote | |
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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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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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02:19 PM
Representative Foote provided closing remarks in support of HB 16-1080.
| BILL: | HB16-1080 | |
| TIME: | 02:19:49 PM | |
| MOVED: | Foote | |
| MOTION: | Refer House Bill 16-1080, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0. | |
| SECONDED: | Lee | |
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VOTE
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Carver
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Yes
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Court
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Yes
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Dore
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Yes
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Foote
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Yes
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Lawrence
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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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Salazar
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Yes
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Willett
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Yes
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Lee
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Yes
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Kagan
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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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02:21 PM -- HB16-1129
Representatives Lawrence and McCann, prime sponsors, presented House Bill 16-1129, concerning measures for enhanced enforcement against acts of charitable fraud. Representative Lawrence explained the effect of the bill and discussed its need, and Representative McCann provided a further explanation as to why the bill is needed. The following persons testified regarding HB 16-1129:
02:30 PM -- Ms. Alissa Gardenswartz, representing the Attorney General's Office, testified in support of the bill. Committee members received a fact sheet supporting the bill (Attachment C). Ms. Gardenswartz explained that the bill will help her office to further eradicate charitable fraud, and provided background on laws that prohibit charitable fraud. She then explained the effect of HB 16-1129. Ms. Gardenswartz responded to questions regarding a charitable fraud case she outlined. Ms. Gardenswartz continued to provide an overview of the effect of the bill.
16HouseJud0218AttachC.pdf
02:40 PM
Ms. Gardenswartz responded to questions regarding the penalty provisions in the bill, and the amount of money involved in charitable fraud. Ms. Gardenswartz responded to further questions regarding how fraudulent charities would be pursued under the bill, and the remittance of civil penalties.
02:53 PM
Ms. Gardenswartz responded to questions regarding the charity industry.
02:56 PM -- Mr. Ben Waters, representing Mile High United Way, testified in support of the bill. Mr. Waters responded to questions regarding a potentially chilling effect that the bill may have on legitimate charities.
02:58 PM -- Mr. Mark Turner, representing the Colorado Nonprofit Association, testified in support of HB 16-1129. Mr. Turner addressed the question about the potential chilling effect of the bill on small, legitimate charities.
03:02 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman discussed fraudulent fund raising in the name of law enforcement agencies.
03:03 PM
Representative Lawrence explained the effect of amendment L.001 (Attachment D). Ms. Gardenswartz returned to address questions about amendment L.001.
16HouseJud0218AttachD.pdf
| BILL: | HB16-1129 | |
| TIME: | 03:04:10 PM | |
| MOVED: | Lawrence | |
| MOTION: | Adopt amendment L.001 (Attachment D). The motion passed without objection. | |
| 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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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:12 PM
Representative Lawrence explained the effect of amendment L.002 (Attachment E). Discussion ensued regarding the effect of the amendment.
16HouseJud0218AttachE.pdf
| BILL: | HB16-1129 | |
| TIME: | 03:12:24 PM | |
| MOVED: | Lawrence | |
| MOTION: | Adopt amendment L.002 (Attachment E). The motion passed without objection. | |
| 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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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:14 PM
Representative Lawrence explained the effect of amendment L.003 (Attachment F). Ms. Gardenswartz responded to questions regarding a statutory cite in the amendment.
16HouseJud0218AttachF.pdf
| BILL: | HB16-1129 | |
| TIME: | 03:15:26 PM | |
| MOVED: | Lawrence | |
| MOTION: | Adopt amendment L.003 (Attachment F). The motion passed without objection. | |
| 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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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:16 PM
Representative Lawrence provided closing remarks in support of HB 16-1129. Various committee members provided their positions on the bill.
| BILL: | HB16-1129 | |
| TIME: | 03:16:13 PM | |
| MOVED: | Lawrence | |
| MOTION: | Refer House Bill 16-1129, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0. | |
| SECONDED: | Carver | |
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VOTE
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Carver
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Yes
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Court
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Yes
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Dore
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Yes
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Foote
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Yes
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Lawrence
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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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Salazar
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Yes
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Willett
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Yes
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Lee
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Yes
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Kagan
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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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03:22 PM -- SB16-004
Representative Willett, prime sponsor, presented Senate Bill 16-004, concerning the enactment of Colorado Revised Statutes 2015 as the positive and statutory law of the state of Colorad. Committee members received the Revisor's changes for the bill, prepared by the Office of Legislative Legal Services (Attachment G). Representative Willett explained the effect of the bill. No one testified regarding SB 16-004, and no amendments were offered to the bill.
16HouseJud0218AttachG.pdf
03:25 PM
| BILL: | SB16-004 | |
| TIME: | 03:25:57 PM | |
| MOVED: | Willett | |
| MOTION: | Refer Senate Bill 16-004 to the Committee of the Whole. The motion passed on a vote of 10-0. | |
| SECONDED: | Lawrence | |
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VOTE
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Carver
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Yes
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Court
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Excused
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Dore
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Yes
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Foote
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Yes
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Lawrence
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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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Salazar
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Yes
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Willett
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Yes
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Lee
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Yes
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Kagan
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Yes
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Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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03:27 PM -- SB16-031
Representative Dore, prime sponsor, presented SB 16-031, concerning authority of the director of the Office of Legislative Legal Services to sign vouchers for expenditures of the office. Representative Dore explained the effect of the bill. No witnesses testified on the bill, and no amendments were offered.
03:30 PM
| BILL: | SB16-031 | |
| TIME: | 03:30:13 PM | |
| MOVED: | Dore | |
| MOTION: | Refer Senate Bill 16-031 to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Salazar | |
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VOTE
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Carver
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Yes
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Court
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Yes
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Dore
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Yes
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Foote
|
Yes
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Lawrence
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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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Salazar
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Yes
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Willett
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Yes
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Lee
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Yes
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Kagan
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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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03:31 PM -- HB16-1192
Representative Kagan, prime sponsor, presented House Bill 16-1192, concerning a nonsubstantive recodification of the sunset review provisions. Representative Kagan explained the effect of the bill, and discussed its need. No one testified regarding HB 16-1192.
03:35 PM
Representative Kagan explained the effect of amendment L.001 (Attachment H).
16HouseJud0218AttachH.pdf
| BILL: | HB16-1192 | |
| TIME: | 03:36:04 PM | |
| MOVED: | Kagan | |
| MOTION: | Adopt amendment L.001 (Attachment H). The motion passed without objection. | |
| SECONDED: | Dore | |
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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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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:36 PM
| BILL: | HB16-1192 | |
| TIME: | 03:36:53 PM | |
| MOVED: | Kagan | |
| MOTION: | Refer House Bill 16-1192, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Dore | |
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VOTE
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|
Carver
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Yes
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Court
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Yes
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Dore
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Yes
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Foote
|
Yes
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|
Lawrence
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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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Salazar
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Yes
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Willett
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Yes
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Lee
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Yes
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Kagan
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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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03:38 PM
The committee adjourned.