H_JUD_2017A 03/14/2017 Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date: | 03/14/2017 |
ATTENDANCE
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Time: | 10:21 AM to 03:03 PM |
Benavidez
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X
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Carver
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X
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Place: | HCR 0112 |
Foote
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*
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Herod
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X
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This Meeting was called to order by |
Lundeen
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X
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Representative Lee |
Melton
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*
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Weissman
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X
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This Report was prepared by |
Willett
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X
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Bo Pogue |
Wist
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X
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Salazar
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X
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Lee
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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: | ||
HB17-1215 SB17-125 HB17-1168 SB17-048 SB17-154 |
Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Postponed Indefinitely Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole |
10:22 AM -- HB17-1215
Representative Coleman, prime sponsor, presented House Bill 17-1215, concerning mental health support for peace officers. Committee members received a fact sheet supporting the bill (Attachment A). Representative Coleman explained the effect of the bill and discussed its need. Representative Coleman noted some entities that support the legislation, and responded to questions regarding the grant program created by the bill. The following persons testified regarding HB 17-1215:
17HouseJud0314AttachA.pdf
10:27 AM -- Mr. Ron Sloan, representing the Colorado Association of Chiefs of Police, Mr. Sean Harper, representing the Fraternal Order of Police, and Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman discussed the position of her organization on the bill. Mr. Sloan explained how the bill will assist law enforcement personnel in performing and coping with their duties. Mr. Sloan and Ms. Ackerman responded to questions regarding how law enforcement jurisdictions, particularly rural ones, might utilize the resources provided under the bill to address mental health issues arising from the jurisdictions detaining the mentally ill. Mr. Harper discussed the benefits of providing counseling services to law enforcement personnel. Discussion ensued regarding the scope of services provided at a crime scene under the bill, and local programs that address mental health issues with the citizenry.
10:42 AM
Discussion continued regarding how mental health services are provided to the citizenry through certain local programs.
10:43 AM -- Mr. Bruce Eisenhauer, representing the Department of Local Affairs, and Mr. Tony Lombard, representing the Colorado District Attorneys' Council and the Denver Police Protective Association, testified on the bill. Mr. Lombard explained that mental health aspects of law enforcement are not often addressed, and provided support for the bill. Mr. Eisenhauer made himself available for questions, responding to questions regarding the goals and potential costs of the legislation. Mr. Eisenhauer responded to further questions regarding administrative costs to conduct the programming created by the bill.
10:51 AM
Representative Weissman explained the effect of amendment L.001 (Attachment B). Mr. Richard Sweetman, Office of Legislative Legal Services, provided clarification regarding the amendment. Discussion ensued regarding the merits of the amendment.
17HouseJud0314AttachB.pdf
BILL: | HB17-1215 | |
TIME: | 10:55:11 AM | |
MOVED: | Weissman | |
MOTION: | Adopt amendment L.001 (Attachment B). The motion passed on a vote of 9-2. | |
SECONDED: | Lundeen | |
VOTE
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Benavidez
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Yes
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Carver
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Yes
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Foote
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Yes
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Herod
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No
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Lundeen
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Yes
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Melton
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No
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Weissman
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Yes
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Willett
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Yes
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Wist
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Yes
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Salazar
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Yes
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Lee
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Yes
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YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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10:58 AM
Discussion ensued regarding the merits of HB 17-1215.
BILL: | HB17-1215 | |
TIME: | 11:00:12 AM | |
MOVED: | Herod | |
MOTION: | Refer House Bill 17-1215, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
SECONDED: | Salazar | |
VOTE
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Benavidez
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Yes
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Carver
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Yes
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Foote
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Yes
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Herod
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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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Weissman
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Yes
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Willett
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Yes
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Wist
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Yes
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Salazar
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Yes
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Lee
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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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11:07 AM
The committee recessed.
01:36 PM -- SB17-125
The committee returned to order. Representative Pabon, prime sponsor, presented Senate Bill 17-125, concerning allowing certain persons who have been exonerated of crimes to receive in lump-sum payments compensation that is owed to them by the state. Representative Pabon provided background on the creation of the legislation, and explained the effect of the bill. Representative Pabon responded to questions regarding the conditions surrounding the lump-sum that would be paid to the qualifying individual under the bill, and what constitutes special legislation. The following persons testified regarding SB 17-125:
01:43 PM -- Mr. David Blake, representing the Attorney General's Office, testified in support of the bill. Mr. Blake explained how the qualifying individual was discovered to be wrongfully convicted, and discussed some obstacles facing the individual in his attempts to conduct normal financial affairs. Discussion returned to the conditions surrounding receiving a lump-sum payment under the bill, and the process by which the qualifying individual's innocence was identified.
01:54 PM
Mr. Blake responded to questions regarding the potential for the benefits accruing under the bill to be received by the family of the exonerated person, and how the lump sum to be granted under the bill is determined.
01:59 PM -- Mr. and Mrs. Robert Dewey, representing themselves, testified in support of the bill. Mr. Dewey explained some difficulties he has faced since his exoneration. Mr. and Mrs. Dewey provided background on their situation.
02:09 PM
Discussion continued regarding the Deweys' circumstances. Discussion followed regarding assistance programs established for parolees by the Department of Corrections.
02:14 PM
No amendments were offered to SB 17-125. Representative Pabon provided closing remarks in support of the bill.
BILL: | SB17-125 | |
TIME: | 02:15:26 PM | |
MOVED: | Salazar | |
MOTION: | Refer Senate Bill 17-125 to the Committee of the Whole. The motion passed on a vote of 10-0. | |
SECONDED: | Weissman | |
VOTE
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Benavidez
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Yes
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Carver
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Yes
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Foote
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Yes
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Herod
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Yes
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Lundeen
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Yes
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Melton
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Excused
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Weissman
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Yes
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Willett
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Yes
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Wist
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Yes
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Salazar
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Yes
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Lee
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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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02:18 PM -- HB17-1168
Representative Lee, co-prime sponsor, presented House Bill 17-1168, concerning criminal court procedures for defendants who have served in the armed forces. Representative Lee requested that the bill be postponed indefinitely.
BILL: | HB17-1168 | |
TIME: | 02:20:04 PM | |
MOVED: | Lee | |
MOTION: | Postpone House Bill 17-1168 indefinitely. The motion passed on a vote of 10-0. | |
SECONDED: | Herod | |
VOTE
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Benavidez
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Yes
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Carver
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Yes
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Foote
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Yes
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Herod
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Yes
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Lundeen
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Yes
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Melton
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Excused
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Weissman
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Yes
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Willett
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Yes
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Wist
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Yes
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Salazar
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Yes
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Lee
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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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02:22 PM -- SB17-048
Representative Willett, prime sponsor, presented Senate Bill 17-048, concerning requiring an officer to arrest an offender who escapes from an intensive supervision program in the Department of Corrections. Representative Willett explained the effect of the bill and discussed its need. Committee members received a fact sheet supporting the bill, prepared by the Colorado District Attorneys' Council (Attachment C). Discussion ensued regarding the definition of "peace officer" under the bill. The following persons testified regarding Senate Bill 17-048:
17HouseJud0314AttachC.pdf
02:28 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill.
02:29 PM -- Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Hanuman discussed the genesis of the legislation. Mr. Hanuman responded to questions regarding the obligation of all peace officers to enforce the bill's provisions.
02:35 PM -- Ms. Melissa Roberts, representing the Department of Corrections, made herself available to respond to questions. Ms. Roberts addressed questions regarding how peace officers determine if a parole monitoring device has been tampered with by someone participating in an intensive supervision program, and the types of law enforcement that seek warrants under the bill. Discussion ensued regarding the latter issue. Discussion followed regarding the types of escapes covered by the bill.
02:48 PM -- Ms. Sophie San Miguel, representing herself, testified in support of the bill. Ms. San Miguel discussed certain terminology in the legislation.
02:51 PM
No amendments were offered to SB 17-048.
BILL: | SB17-048 | |
TIME: | 02:52:35 PM | |
MOVED: | Willett | |
MOTION: | Refer Senate Bill 17-048 to the Committee of the Whole. The motion passed on a vote of 11-0. | |
SECONDED: | Carver | |
VOTE
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Benavidez
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Yes
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Carver
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Yes
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Foote
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Yes
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Herod
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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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Weissman
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Yes
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Willett
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Yes
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Wist
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Yes
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Salazar
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Yes
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Lee
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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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02:53 PM -- SB17-154
Representative Wist, prime sponsor, presented Senate Bill 17-154, concerning the "Uniform Unsworn Declarations Act". Representative Wist provided background on the bill and its purpose, and explained why he was seeking to remove an amendment placed on the bill in the Senate. Mr. Tom Morris, Office of Legislative Legal Services, clarified the effect of amendment L.003 (Attachment D).
17HouseJud0314AttachD.pdf
03:01 PM
BILL: | SB17-154 | |
TIME: | 03:01:38 PM | |
MOVED: | Wist | |
MOTION: | Adopt amendment L.003 (Attachment D). The motion passed without objection. | |
SECONDED: | Salazar | |
VOTE
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Benavidez
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Carver
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Foote
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Herod
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:02 PM
BILL: | SB17-154 | |
TIME: | 03:02:09 PM | |
MOVED: | Wist | |
MOTION: | Refer Senate Bill 17-154, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
SECONDED: | Carver | |
VOTE
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Benavidez
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Yes
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Carver
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Yes
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Foote
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Yes
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Herod
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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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Weissman
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Yes
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Willett
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Yes
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Wist
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Yes
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Salazar
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Yes
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Lee
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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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03:03 PM
The committee adjourned.