H_JUD_2017A 04/27/2017 01:30 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
| Date: | 04/27/2017 |
ATTENDANCE
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| Time: | 01:37 PM to 05:17 PM |
Benavidez
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*
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|
Carver
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*
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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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X
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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: | ||
| HB17-1159 HB17-1303 HB17-1315 HB17-1319 HB17-1308 HB17-1266 |
Postponed Indefinitely Amended, Referred to House Appropriations Amended, Referred to House Finance Witness Testimony and/or Committee Discussion Only Referred to the Committee of the Whole Amended, Referred to House Finance |
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01:38 PM -- HB17-1159
The committee was called to order. A quorum was present. Representative Becker J., prime sponsor, presented House Bill 17-1159, concerning actions related to forcible entry and detainer. He explained why he was asking that the bill be postponed indefinitely.
| BILL: | HB17-1159 | |
| TIME: | 01:39:17 PM | |
| MOVED: | Salazar | |
| MOTION: | Postpone House Bill 17-1159 indefinitely. The motion passed on a vote of 9-0. | |
| SECONDED: | Willett | |
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VOTE
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Benavidez
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Yes
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Carver
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Excused
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Foote
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Excused
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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: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS
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01:40 PM -- HB17-1303
Representatives Lee and Wist, prime sponsors, presented House Bill 17-1303, concerning the judicial performance evaluation system. The committee heard testimony on the bill at its April 18 meeting. Representative Wist provided opening remarks. Representative Lee explained the effect of amendment L.001 (Attachment A). Representative Wist explained the effect of amendment L.024 (Attachment B). Discussion ensued regarding the position of the Judicial Department on the amendment. Mr. Terry Scanlon, representing the Judicial Department, provided input on this position.
17HouseJud0427AttachA.pdf 17HouseJud0427AttachB.pdf
| BILL: | HB17-1303 | |
| TIME: | 01:43:11 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.001 (Attachment A), as amended. The motion passed without objection. | |
| SECONDED: | Wist | |
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VOTE
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Benavidez
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Carver
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Excused
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Foote
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Excused
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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: 2 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB17-1303 | |
| TIME: | 01:45:24 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.024 (Attachment B). The motion passed on a vote of 7-2. | |
| SECONDED: | Herod | |
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VOTE
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Benavidez
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Yes
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Carver
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Excused
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Foote
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Excused
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Herod
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Yes
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Lundeen
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No
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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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No
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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: 7 NO: 2 EXC: 2 ABS: 0 FINAL ACTION: PASS
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01:50 PM
Representative Wist explained the effect of amendment L.010 (Attachment C).
17HouseJud0427AttachC.pdf
| BILL: | HB17-1303 | |
| TIME: | 01:52:08 PM | |
| MOVED: | Wist | |
| MOTION: | Approve amendment L.010 (Attachment C), as amended. The motion passed on a vote of 8-3. | |
| SECONDED: | Weissman | |
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VOTE
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Benavidez
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No
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Carver
|
Yes
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Foote
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Yes
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Herod
|
Yes
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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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No
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Lee
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Yes
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YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
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| BILL: | HB17-1303 | |
| TIME: | 01:54:46 PM | |
| MOVED: | Wist | |
| MOTION: | Adopt amendment L.021 (Attachment D). The motion passed on a vote of 8-3.17HouseJud0427AttachD.pdf |
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| SECONDED: | Lee | |
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VOTE
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Benavidez
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No
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Carver
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Yes
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Foote
|
Yes
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Herod
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Yes
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Lundeen
|
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
|
Yes
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Salazar
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No
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Lee
|
Yes
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YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
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| BILL: | HB17-1303 | |
| TIME: | 01:57:27 PM | |
| MOVED: | Salazar | |
| MOTION: | Adopt amendment L.003 (Attachment E). The motion failed on a vote of 3-8.17HouseJud0427AttachE.pdf |
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| SECONDED: | Herod | |
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VOTE
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|
Benavidez
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Yes
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Carver
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No
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Foote
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No
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Herod
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Yes
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Lundeen
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No
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Melton
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No
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Weissman
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No
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Willett
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No
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Wist
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No
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Salazar
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Yes
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Lee
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No
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YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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02:38 PM
| BILL: | HB17-1303 | |
| TIME: | 02:38:34 PM | |
| MOVED: | Salazar | |
| MOTION: | Adopt amendment L.004 (Attachment F), Severed Section B, page 1, lines 4 through 14. The motion was withdrawn. 17HouseJud0427AttachF.pdf |
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| SECONDED: | Herod | |
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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:
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02:47 PM
Representative Lee explained the effect of amendment L.012 (Attachment G).
17HouseJud0427AttachG.pdf
| BILL: | HB17-1303 | |
| TIME: | 02:47:30 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.012 (Attachment G). The motion passed without objection. | |
| SECONDED: | Wist | |
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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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02:48 PM
Representative Wist explained the effect of amendment L.013 (Attachment H).
17HouseJud0427AttachH.pdf
| BILL: | HB17-1303 | |
| TIME: | 02:48:22 PM | |
| MOVED: | Wist | |
| MOTION: | Adopt amendment L.013 (Attachment H). The motion passed without objection. | |
| SECONDED: | Lee | |
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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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02:50 PM
Representative Lee explained the effect of amendment L.014 (Attachment I).
17HouseJud0427AttachI.pdf
| BILL: | HB17-1303 | |
| TIME: | 02:51:07 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.014 (Attachment I). The motion passed without objection. | |
| SECONDED: | Wist | |
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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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02:51 PM
Representative Wist explained the effect of amendment L.015 (Attachment J).
17HouseJud0427AttachJ.pdf
| BILL: | HB17-1303 | |
| TIME: | 02:51:49 PM | |
| MOVED: | Wist | |
| MOTION: | Adopt amendment L.015 (Attachment J). The motion passed without objection. | |
| SECONDED: | Lee | |
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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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02:55 PM
Representative Salazar explained the effect of amendment L.025 (Attachment K). Discussion ensued regarding the merits of the amendment, and the potential for conceptually amending the amendment.
17HouseJud0427AttachK.pdf
| BILL: | HB17-1303 | |
| TIME: | 02:55:52 PM | |
| MOVED: | Salazar | |
| MOTION: | Adopt amendment L.025 (Attachment K). The motion was withdrawn. | |
| SECONDED: | Herod | |
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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:
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03:06 PM
Representative Salazar explained the effect of amendment L.002 (Attachment L).
17HouseJud0427AttachL.pdf
| BILL: | HB17-1303 | |
| TIME: | 03:06:38 PM | |
| MOVED: | Salazar | |
| MOTION: | Adopt amendment L.002 (Attachment L). The motion was withdrawn. | |
| SECONDED: | Herod | |
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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:
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03:07 PM
Various committee members provided their positions on HB 17-1303. Representatives Wist and Lee provided closing remarks in support of the bill.
| BILL: | HB17-1303 | |
| TIME: | 03:07:56 PM | |
| MOVED: | Lee | |
| MOTION: | Refer House Bill 17-1303, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0. | |
| SECONDED: | Wist | |
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VOTE
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|
Benavidez
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Yes
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|
|
Carver
|
Yes
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|
|
Foote
|
Yes
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|
Herod
|
Yes
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|
|
Lundeen
|
Yes
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|
|
Melton
|
Yes
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|
Weissman
|
Yes
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|
|
Willett
|
Yes
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Wist
|
Yes
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Salazar
|
Yes
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Lee
|
Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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03:10 PM -- HB17-1315
Representative Singer, co-prime sponsor, presented House Bill , concerning the acquisition of data to analyze the types of driving under the influence (DUI) offenses being committed by offenders. Representative Singer explained the effect of the bill and discussed its need. The following persons testified regarding HB 17-1315:
03:13 PM -- Mr. Ed Wood, representing DUID Victim Voices, testified in support of the bill. Mr. Wood discussed the problem of DUI, and the lack of reported data on the issue. Mr. Wood responded to questions regarding how it is determined that tetrahydrocannabinol (THC) was a contributing factor to a DUI accident, and the efficacy of the bill in addressing the problem.
03:21 PM -- Mr. Fran Lanzer, representing MADD Colorado, testified in support of the bill.
03:24 PM -- Mr. Jack Reed and Ms. Janet Girten, representing the Department of Public Safety, testified in support of the bill. Mr. Reed read a statement supporting the bill. Ms. Girten discussed the department's toxicology testing program. Ms. Girten responded to questions regarding how the department works with law enforcement to determine a level of intoxication for a driver. Discussion ensued on this point.
03:35 PM -- Mr. Chris Halsor, representing himself, testified in support of HB 17-1315. Mr. Halsor provided background on his expertise in assessing intoxication, and addressed questions raised during earlier discussion. Mr. Halsor responded to questions regarding the science of impairment based on the use of different drugs, and the reason why the Division of Criminal Justice is authorized to collect data under the bill.
03:43 PM -- Mr. Robert Chase, representing the Colorado Coalition for Patients and Caregivers, testified in opposition to the bill. Mr. Chase expressed concerns about the legislation, and the science behind detecting impairment based on marijuana use.
03:47 PM -- Ms. Annmarie Jensen, representing the Colorado Association of Chiefs of Police, testified on the bill from a neutral position. Ms. Jensen discussed some of the bill's benefits and drawbacks, and the need for more data on the issue. Ms. Jensen responded to questions regarding how the police chiefs could be persuaded to support the bill.
03:52 PM -- Ms. Jessica LeRoux, representing the cannabis medical patient community, testified in opposition to the bill. Ms. LeRoux discussed the science of detecting impairment based on marijuana and other drug use.
03:56 PM
Representative Singer explained the effect of amendment L.002 (Attachment M).
17HouseJud0427AttachM.pdf
| BILL: | HB17-1315 | |
| TIME: | 03:56:52 PM | |
| MOVED: | Salazar | |
| MOTION: | Adopt amendment L.002 (Attachment M). The motion passed without objection. | |
| SECONDED: | Melton | |
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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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04:01 PM
Representatives Singer and Lawrence provided closing remarks in support of HB 17-1315.
| BILL: | HB17-1315 | |
| TIME: | 04:02:09 PM | |
| MOVED: | Salazar | |
| MOTION: | Refer House Bill 17-1315, as amended, to the Committee on Finance. The motion passed on a vote of 11-0. | |
| SECONDED: | Melton | |
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VOTE
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|
Benavidez
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Yes
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|
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Carver
|
Yes
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|
|
Foote
|
Yes
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|
|
Herod
|
Yes
|
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Lundeen
|
Yes
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Melton
|
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
|
Yes
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Salazar
|
Yes
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Lee
|
Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:04 PM -- HB17-1319
Representative Sias, prime sponsor, presented House Bill 17-1319, concerning the neutrality of appraisers retained to help the parties to an insurance claim establish the appropriate valuation. Committee members received a bulletin on the issue, prepared by the Department of Regulatory Agencies (Attachment N). Representative Sias explained the effect of the bill and discussed its need. The following persons testified regarding HB 17-1319:
17HouseJud0427AttachN.pdf
04:10 PM -- Ms. Audra Robitaille, representing Rocky Mountain Association of Property Insurance Adjusters, testified in support of the bill. She read the testimony of Mr. John Voelpel (Attachment O).
17HouseJud0427AttachO.pdf
04:16 PM -- Ms. Kelly Campbell, representing the Property and Casualty Insurance Association, testified in opposition to the bill. Ms. Campbell explained how the bill would make the appraisal process less certain. Ms. Campbell responded to questions regarding what rules of procedure pertain to appraisers and umpires.
04:20 PM -- Mr. Evan Stephenson, representing the Colorado Civil Justice League, testified in opposition to the bill. Mr. Stephenson discussed caselaw that has established rules for appraisers.
04:22 PM -- Mr. Jeff Reubel, representing the Colorado Defense Lawyers Association, testified in opposition to the bill. Mr. Reubel discussed caselaw pertaining to appraisers invoking fairness and impartiality.
04:25 PM -- Mr. Lee Ormiston, representing the Colorado Coalition of Appraisers, testified in opposition to the bill. Mr. Ormiston read some existing statute that he feels would adequately substitute for the bill.
04:30 PM -- Mr. Mark Richardson, representing himself, testified in support of HB 17-1319. Mr. Richardson discussed the importance of property insurance, and the process by which appraiser qualifications are disputed.
04:34 PM -- Reverend Brad Strait, representing himself, testified in support of the bill. Rev. Strait discussed the process of filing a claim for his church based on damage from a hail storm, and delays associated with appraisals. He responded to questions regarding the potential benefits of the bill for his situation.
04:37 PM -- Mr. Ron Harsch, representing the Rocky Mountain Association of Property Insurance Adjusters, testified in support of the bill. Mr. Harsch discussed the lack of impartiality and clarity surrounding appraisers.
04:40 PM -- Mr. Mike Feeley testified in regarding the bill. Mr. Feeley discussed the need for further work on the bill, and addressed earlier references to caselaw.
04:45 PM
Committee members received copies of printed caselaw pertaining to the subject of the bill (Attachments P and Q). The chair laid over HB 17-1319.
17HouseJud0427AttachP.pdf 17HouseJud0427AttachQ.pdf
04:45 PM -- HB17-1308
Representatives Salazar and Sias, prime sponsors, presented House Bill 17-1308, concerning allowing individualized conditions of parole. Ms. Christina Rosendahl, representing the Department of Corrections, and Mr. Mark Evans, representing the Office of the State Public Defender, testified in support of the bill. Ms. Rosendahl provided background on the creation of the legislation, and explained how the bill addresses the "one size fits all" approach to parole. Ms. Rosendahl responded to questions regarding who would set the conditions of parole under the bill. Mr. Evans added that the General Assembly amended statute in 2016 to state the purposes of parole.
| BILL: | HB17-1308 | |
| TIME: | 04:51:32 PM | |
| MOVED: | Salazar | |
| MOTION: | Refer House Bill 17-1308 to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Weissman | |
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VOTE
|
||
|
Benavidez
|
Yes
|
|
|
Carver
|
Yes
|
|
|
Foote
|
Yes
|
|
|
Herod
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Wist
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Lee
|
Yes
|
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:52 PM -- HB17-1266
Representative Melton, prime sponsor, presented House Bill 17-1266, concerning allowing people who were convicted of misdemeanors for marijuana-related behaviors that are no longer illegal to petition for the sealing of criminal records relating to such convictions. Discussion ensued regarding forthcoming amendment L.003 (Attachment R). The following persons testified regarding HB 17-1266:
17HouseJud0427AttachR.pdf
05:00 PM -- Mr. Shawn Coleman, representing the Drug Policy Alliance, testified in support of the bill.
05:02 PM
Representative Melton explained the effect of amendment L.003 (Attachment R).
| BILL: | HB17-1266 | |
| TIME: | 05:02:59 PM | |
| MOVED: | Melton | |
| MOTION: | Adopt amendment L.003 (Attachment R). The motion passed on a vote of 7-4. | |
| SECONDED: | Weissman | |
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VOTE
|
||
|
Benavidez
|
Yes
|
|
|
Carver
|
No
|
|
|
Foote
|
Yes
|
|
|
Herod
|
No
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Wist
|
No
|
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|
Salazar
|
No
|
|
|
Lee
|
Yes
|
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YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
|
||
05:03 PM
Representative Willett explained the effect of amendment L.008 (Attachment S).
17HouseJud0427AttachS.pdf
| BILL: | HB17-1266 | |
| TIME: | 05:06:34 PM | |
| MOVED: | Willett | |
| MOTION: | Adopt amendment L.008 (Attachment S). The motion failed on a vote of 4-7. | |
| SECONDED: | Lundeen | |
|
VOTE
|
||
|
Benavidez
|
No
|
|
|
Carver
|
Yes
|
|
|
Foote
|
No
|
|
|
Herod
|
No
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
No
|
|
|
Weissman
|
No
|
|
|
Willett
|
Yes
|
|
|
Wist
|
Yes
|
|
|
Salazar
|
No
|
|
|
Lee
|
No
|
|
|
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
|
||
05:07 PM
Representative Willett explained the effect of amendment L.005 (Attachment T).
17HouseJud0427AttachT.pdf
| BILL: | HB17-1266 | |
| TIME: | 05:08:10 PM | |
| MOVED: | Willett | |
| MOTION: | Adopt amendment L.005 (Attachment T). The motion failed on a vote of 4-7. | |
| SECONDED: | Lundeen | |
|
VOTE
|
||
|
Benavidez
|
No
|
|
|
Carver
|
Yes
|
|
|
Foote
|
No
|
|
|
Herod
|
No
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
No
|
|
|
Weissman
|
No
|
|
|
Willett
|
Yes
|
|
|
Wist
|
Yes
|
|
|
Salazar
|
No
|
|
|
Lee
|
No
|
|
|
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
|
||
05:12 PM
| BILL: | HB17-1266 | |
| TIME: | 05:12:52 PM | |
| MOVED: | Melton | |
| MOTION: | Refer House Bill 17-1266, as amended, to the Committee on Finance. The motion passed on a vote of 9-2. | |
| SECONDED: | Salazar | |
|
VOTE
|
||
|
Benavidez
|
Yes
|
|
|
Carver
|
Yes
|
|
|
Foote
|
Yes
|
|
|
Herod
|
Yes
|
|
|
Lundeen
|
No
|
|
|
Melton
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Willett
|
No
|
|
|
Wist
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
|
||
05:17 PM
The committee adjourned.