h_jud_2017a_2017-03-28t11:48:19z2 Hearing Summary
Date: 03/28/2017
Location: HCR 0112
BILL SUMMARY for HB17-1204
HOUSE COMMITTEE ON JUDICIARY
| Votes: View--> | Action Taken: |
| Adopt amendment L.002 (Attachment E). The motion p Adopt amendment L.003 (Attachment F). The motion p Adopt amendment L.004 (Attachment G). The motion p Adopt amendment L.005 (Attachment H). The motion p Adopt amendment L.007 (Attachment I). The motion p Adopt amendment L.008 (Attachment J). The motion p Adopt amendment L.009 (Attachment K). The motion p Adopt amendment L.010 (Attachment L). The motion p Adopt amendment L.011 (Attachment M). The motion p Adopt amendment L.016 (Attachment N). The motion p Adopt amendment L.019 (Attachment O). The motion p Adopt amendment L.022 (Attachment Q). The motion p Adopt amendment L.025 (Attachment P). The motion w Refer House Bill 17-1204, as amended, to the Commi |
Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection PASS |
03:00 PM -- HB17-1204
The committee returned to order. Representative Lee, prime sponsor, presented House Bill 17-1204, concerning juvenile delinquency record expungement. Representative Lee explained the effect of the bill and discussed its need. He also discussed the effect of some forthcoming amendments. Discussion ensued regarding the position of certain entities on the bill and forthcoming amendments.
03:15 PM
Representative Lee responded to questions regarding a provision in the bill addressing firearms purchases by those who were adjudicated juvenile delinquent with an expunged record. The following persons testified regarding HB 17-1204:
03:17 PM -- Ms. Elizabeth Logemann, representing the Colorado Juvenile Defender Center, testified in support of the bill. Ms. Logemann responded to questions regarding the impact of a juvenile having a criminal record, and the process of having such records expunged. She also provided background on existing law on criminal record expungement for juveniles.
03:22 PM -- Mr. Greg Romberg, representing the Colorado Press Association and Colorado Broadcasters Association, testified on the bill from a neutral perspective, while expressing concerns about a specific provision.
03:25 PM -- Mr. Arnold Hanuman and Mr. Tariq Sheikh, representing the Colorado District Attorneys' Council and Adams County respectively, testified in support of the bill. Mr. Hanuman discussed the complexity of the bill. Mr. Sheikh discussed the burdens associated with the juvenile record expungement process, and the process by which the bill was drafted. Mr. Hanuman expressed support for some forthcoming amendments. Mr. Sheikh responded to questions regarding the time frame for seeking criminal record expungement under the bill.
03:35 PM
Discussion ensued regarding the source of certain forthcoming amendments, and the positions of the witnesses on these amendments.
03:43 PM -- Mr. Pat Vance, representing himself, testified in support of the bill. Mr. Vance discussed his work on a case as a defense attorney in trying to get a client's record expunged. He read a statement from the client.
03:48 PM -- Mr. Adam Graber, representing the Colorado Juvenile Defender Center, testified on the bill from the neutral perspective. Mr. Graber discussed his work with a client who had his juvenile criminal record expunged. He read a statement from the client. Mr. Graber responded to questions regarding the review process for juvenile criminal records.
03:52 PM -- Ms. Jennifer Mullenbach, representing Jefferson County, testified in support of amendment L.025 (Attachment P). Ms. Mullenbach reiterated the effect of the amendment. Ms. Mullenbach responded to questions regarding the process observed by county agencies in expunging juvenile criminal records, and provided an example of the utility of the county being able to access juvenile records. Discussion ensued regarding county social service agencies accessing juvenile criminal records.
17HouseJud0328AttachP.pdf
04:01 PM -- Ms. Stacie Colling, representing the Office of Alternate Defense Counsel, testified in support of the bill. Ms. Colling explained that services provided by her office to juveniles end when a case is over, and thus clients do not receive help with records expungement issues after the case is closed.
04:05 PM -- Ms. Carla Bennett, representing the League of Women Voters, testified in support of HB 17-1204. Ms. Bennett discussed the barriers created by criminal records, and related her experiences of having children involved in the juvenile justice system.
04:08 PM -- Ms. Meghan Dollar, representing the Colorado Municipal League, testified in support of the bill. Ms. Dollar discussed the fiscal impact of the bill at the local level.
04:10 PM -- Ms. Kerry Frailey, representing herself, testified in support of the bill. Ms. Frailey discussed her attempts to have her child's records expunged.
04:13 PM -- Ms. Linda Weinerman and Ms. Dorothy Macias, representing the Office of the Child's Representative, testified in support of the bill.
04:17 PM -- Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson responded to questions raised during earlier testimony. Ms. Logemann returned to provide clarification on certain questions.
04:32 PM
Ms. Thompson continued to address questions previously raised by the committee.
04:34 PM
Representative Lee and Ms. Thompson explained the effect of a number of amendments to HB 17-1204.
| BILL: | HB17-1204 | |
| TIME: | 04:36:09 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.002 (Attachment E). The motion passed without objection.17HouseJud0328AttachE.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: Pass Without Objection
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| BILL: | HB17-1204 | |
| TIME: | 04:38:03 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.003 (Attachment F). The motion passed without objection.17HouseJud0328AttachF.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: Pass Without Objection
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| BILL: | HB17-1204 | |
| TIME: | 04:38:38 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.004 (Attachment G). The motion passed without objection.17HouseJud0328AttachG.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: Pass Without Objection
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| BILL: | HB17-1204 | |
| TIME: | 04:42:19 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.005 (Attachment H). The motion passed without objection.17HouseJud0328AttachH.pdf |
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| 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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| BILL: | HB17-1204 | |
| TIME: | 04:43:18 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.007 (Attachment I). The motion passed without objection.17HouseJud0328AttachI.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: Pass Without Objection
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| BILL: | HB17-1204 | |
| TIME: | 04:45:56 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.008 (Attachment J). The motion passed without objection.17HouseJud0328AttachJ.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: Pass Without Objection
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| BILL: | HB17-1204 | |
| TIME: | 04:46:51 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.009 (Attachment K). The motion passed without objection.17HouseJud0328AttachK.pdf |
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| 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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| BILL: | HB17-1204 | |
| TIME: | 04:47:32 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.010 (Attachment L). The motion passed without objection.17HouseJud0328AttachL.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: Pass Without Objection
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| BILL: | HB17-1204 | |
| TIME: | 04:48:48 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.011 (Attachment M). The motion passed without objection.17HouseJud0328AttachM.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: Pass Without Objection
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| BILL: | HB17-1204 | |
| TIME: | 04:49:37 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.016 (Attachment N). The motion passed without objection.17HouseJud0328AttachN.pdf |
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| 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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| BILL: | HB17-1204 | |
| TIME: | 04:50:27 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.019 (Attachment O). The motion passed without objection.17HouseJud0328AttachO.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: Pass Without Objection
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| BILL: | HB17-1204 | |
| TIME: | 04:52:52 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.025 (Attachment P). The motion was withdrawn.17HouseJud0328AttachP.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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05:01 PM
The committee recessed.
05:05 PM
The committee returned to order.
| BILL: | HB17-1204 | |
| TIME: | 05:01:12 PM | |
| MOVED: | Willett | |
| MOTION: | Adopt amendment L.022 (Attachment Q). The motion passed without objection.17HouseJud0328AttachQ.pdf |
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| SECONDED: | Lundeen | |
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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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05:06 PM
Representative Lee provided closing remarks in support of HB 17-1204. Various committee members provided input on the bill.
| BILL: | HB17-1204 | |
| TIME: | 05:06:47 PM | |
| MOVED: | Lee | |
| MOTION: | Refer House Bill 17-1204, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0. | |
| 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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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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05:12 PM
The committee adjourned.