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h_jud_2016a_2016-05-03t13:34:45z3 Hearing Summary

Date: 05/03/2016



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














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