H_SA_2016A 02/29/2016 01:34:42 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS
| Date: | 02/29/2016 |
ATTENDANCE
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| Time: | 01:34 PM to 04:45 PM |
Foote
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X
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Humphrey
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X
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| Place: | RM 271 |
Leonard
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X
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Neville P.
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X
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| This Meeting was called to order by |
Primavera
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X
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| Representative Ryden |
Tyler
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X
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Wist
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X
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| This Report was prepared by |
Lontine
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X
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| Julia Jackson |
Ryden
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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: | ||
| SB16-107 HB16-1190 HB16-1093 HB16-1233 HB16-1146 HB16-1035 |
Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Postponed Indefinitely Postponed Indefinitely Referred to the Committee of the Whole |
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01:35 PM -- SB16-107
Representative Pabon, sponsor, presented Senate Bill 16-107 to the committee. This bill requires voter registration drive circulators to meet training requirements established by the Secretary of State prior to circulating any voter registration applications. This training is to be provided by the voter registration drive organizer. The voter registration drive organizer is required to maintain training records and make them available to the Secretary of State. In addition, when a circulator accepts an application for registration less than 22 days prior to an election, they are required to inform the voter that they must submit an application for registration at a voter service and polling center, through the online voter registration system, or at their county clerks office in order to vote in the upcoming election.
01:39 PM -- Secretary of State Wayne Williams testified in support of the bill.
01:42 PM -- Elena Nunez, representing Colorado Common Cause, testified in support of the bill.
01:43 PM -- Ryan Parsell, representing the El Paso County Clerk and Recorder's Office, testified in support of the bill.
01:46 PM -- Matt Crane, Arapahoe County Clerk and Recorder representing the Colorado County Clerks' Association, testified in support of the bill.
01:48 PM -- Scott Horak, representing himself, testified on the bill.
01:51 PM
Representative Pabon wrapped up his presentation of the bill.
| BILL: | SB16-107 | |
| TIME: | 01:51:45 PM | |
| MOVED: | Primavera | |
| MOTION: | Refer Senate Bill 16-107 to the Committee of the Whole. The motion passed on a vote of 9-0. | |
| SECONDED: | Neville P. | |
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VOTE
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Foote
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Yes
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Humphrey
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Yes
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Leonard
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Yes
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Neville P.
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Yes
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Primavera
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Yes
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Tyler
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Yes
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Wist
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Yes
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Lontine
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Yes
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Ryden
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Yes
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Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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01:52 PM
The committee recessed.
01:53 PM -- HB16-1190
The committee reconvened.
Representative Dore, sponsor, presented House Bill 16-1190 to the committee. Under current law, use of force, including deadly force, may be justified when a person has made an unlawful entry into a dwelling. This bill clarifies that a dwelling does not include any place of habitation in a detention facility.
01:58 PM -- Scott Horak, representing himself, testified against the bill.
02:01 PM -- James Bullock, District Attorney in the 16th Judicial District, testified in support of the bill.
02:03 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill.
02:04 PM -- Jay Kirby, representing the Colorado Department of Corrections, testified in support of the bill.
02:06 PM -- Brittny Lewton, District Attorney in the 13th Judicial District, testified in support of the bill.
02:10 PM -- Phil Ross, representing himself, testified in support of the bill.
02:13 PM -- Eileen McCarron, representing Colorado Ceasefire, testified in support of the bill.
02:15 PM
Representative Dore wrapped up his presentation of the bill.
| BILL: | HB16-1190 | |
| TIME: | 02:17:36 PM | |
| MOVED: | Primavera | |
| MOTION: | Refer House Bill 16-1190 to the Committee of the Whole. The motion passed on a vote of 9-0. | |
| SECONDED: | Neville P. | |
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VOTE
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Foote
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Yes
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Humphrey
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Yes
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Leonard
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Yes
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Neville P.
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Yes
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Primavera
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Yes
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Tyler
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Yes
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Wist
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Yes
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Lontine
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Yes
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Ryden
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Yes
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Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:20 PM -- HB16-1093
Representatives Ransom and Ryden, co-prime sponsors, presented House Bill 16-1093 to the committee. The committee took testimony on the bill at its February 1, 2016, hearing. This bill makes conforming amendments in state law to consistently apply terms related to the way county clerks process, record, and update voter change of address information. Currently, the Secretary of State is required to perform monthly national change of address database searches to determine if a voter has moved. This bill makes changes to the process that must be followed by the clerks to confirm a voter address if the monthly search determines that a voter may have moved.
Representative Ryden presented Amendment L.002 (Attachment A).
16HouseState0229AttachA.pdf
| BILL: | HB16-1093 | |
| TIME: | 02:23:48 PM | |
| MOVED: | Ryden | |
| MOTION: | Adopt amendment L.002 (Attachment A) to House Bill 16-1093. The motion passed without objection. | |
| SECONDED: | Primavera | |
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VOTE
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Foote
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Humphrey
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Leonard
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Neville P.
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Primavera
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Tyler
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Wist
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Lontine
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Ryden
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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02:24 PM
Representative Ryden wrapped up her presentation of the bill.
| BILL: | HB16-1093 | |
| TIME: | 02:25:06 PM | |
| MOVED: | Ryden | |
| MOTION: | Refer House Bill 16-1093, as amended, to the Committee of the Whole. The motion passed on a vote of 9-0. | |
| SECONDED: | Neville P. | |
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VOTE
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Foote
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Yes
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Humphrey
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Yes
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Leonard
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Yes
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Neville P.
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Yes
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Primavera
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Yes
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Tyler
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Yes
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Wist
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Yes
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Lontine
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Yes
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Ryden
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Yes
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Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:26 PM -- HB16-1233
Representative Ransom, sponsor, presented House Bill 16-1233 to the committee. This bill changes sentencing procedures for class 1 felonies starting February 1, 2017. The bill splits the sentencing hearing that takes place after a defendant is convicted into two distinct phases and makes the following changes to procedure.
Aggravation phase. The bill specifies that in the first phase of sentencing, the aggravation phase, the jury must unanimously find the presence of at least one aggravating factor. If the jury cannot agree unanimously that either one aggravating factor has been proven or that no aggravating factors have been proven, the court must dismiss the jury and impanel a new jury. The new jury must consider only the aggravating factors that the first jury could not rule out by unanimous vote. If the second jury cannot reach a unanimous verdict about the presence of at least one aggravating factor, the court must impose a sentence of life without parole.
Penalty phase. During the penalty phase, which must take place immediately after a unanimous finding on at least one aggravating factor, the defense must prove the existence of mitigating circumstances beyond a reasonable doubt. When determining whether to impose a sentence of death or life in prison, the sentencing jury or judge (if the defendant has waived his or her right to a jury trial) can only consider aggravating factors or mitigating circumstances that have been proven. If the jury cannot agree unanimously on a sentence during the penalty phase, the court must dismiss the jury and impanel a new jury. If the new jury cannot reach a unanimous verdict, the court must impose a sentence of life without parole.
02:28 PM -- Rich Orman, representing the District Attorney's Office in the 18th Judicial District, testified in support of the bill and responded to committee questions.
02:39 PM -- Kristen Nelson, representing the Office of the State Public Defender, testified against the bill and distributed a fact sheet on the bill (Attachment B). She answered questions from committee members.
16HouseState0229AttachB.pdf
02:44 PM -- Linda Miller, representing herself, testified in support of the bill and responded to committee questions.
02:49 PM -- Jenny Kraska, representing the Colorado Catholic Conference, testified against the bill and responded to committee questions.
02:52 PM -- Kesha Rencher, representing herself, testified in support of the bill.
02:55 PM -- Peter Severson, representing Lutheran Advocacy Ministry Colorado, testified against the bill.
02:58 PM -- C. Smith, representing herself, testified in support of the bill.
03:00 PM -- Jason Middleton, representing the Office of the State Public Defender, testified against the bill.
03:03 PM -- Phil Ross, representing himself, testified in support of the bill.
03:09 PM -- Stacy Anderson, representing the Better Priorities Initiative, testified against the bill and provided a handout (Attachment C).
16HouseState0229AttachC.pdf
03:12 PM -- Scott Horak, representing himself, testified on the bill.
03:16 PM -- Tom Sullivan, representing himself, testified in support of the bill.
03:19 PM -- George Brauchler, District Attorney for the 18th Judicial District, testified in support of the bill and responded to committee questions.
03:30 PM
Representative Ransom wrapped up her presentation of the bill. Committee members commented on the bill.
| BILL: | HB16-1233 | |
| TIME: | 03:43:48 PM | |
| MOVED: | Neville P. | |
| MOTION: | Refer House Bill 16-1233 to the Committee on Appropriations. The motion failed on a vote of 3-6. | |
| SECONDED: | Humphrey | |
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VOTE
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Foote
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No
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Humphrey
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Yes
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Leonard
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Yes
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Neville P.
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Yes
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Primavera
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No
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Tyler
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No
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Wist
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No
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Lontine
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No
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Ryden
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No
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YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | HB16-1233 | |
| TIME: | 03:45:29 PM | |
| MOVED: | Leonard | |
| MOTION: | Postpone House Bill 16-1233 indefinitely. The motion passed on a vote of 6-3. | |
| SECONDED: | Foote | |
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VOTE
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Foote
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Yes
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Humphrey
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No
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Leonard
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No
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Neville P.
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No
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Primavera
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Yes
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Tyler
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Yes
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Wist
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Yes
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Lontine
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Yes
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Ryden
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Yes
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Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
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03:46 PM
The committee recessed.
03:53 PM -- HB16-1146
The committee reconvened.
Representatives Landgraf and Sias, co-prime sponsors, presented House Bill 16-1146 to the committee. This bill defines the term "born alive" as any human being completely expelled or extracted from its mother, at any stage of development, that has a beating heart, a pulsation of the umbilical cord, or movement of its voluntary muscles, regardless of whether or not the umbilical cord has been cut or the expulsion or extraction resulted from labor, cesarean section, or induced abortion. The bill includes within the definitions of "child," "human being," "individual," and "person" any human infant born alive at any stage of development.
Representative Sias provided amendments L.001 and L.003 (Attachments D and E) and a copy of the federal law referenced in the amendments (Attachment F). Committee members discussed the bill and amendments with the sponsors.
16HouseState0229AttachD.pdf 16HouseState0229AttachE.pdf
16HouseState0229AttachF.pdf
04:05 PM -- Scott Horak, representing himself, testified in support of the bill.
04:09 PM -- Taylor Cowey, representing herself, testified against the bill.
04:11 PM -- Kevin Williams, representing himself, testified in support of the bill and provided a handout (Attachment G). He also provided a DVD to committee members that was not available for the record.
16HouseState0229AttachG.pdf
04:16 PM -- Amanda Henderson, representing the Interfaith Alliance of Colorado, testified against the bill.
04:19 PM -- Jess Loban, representing himself, testified in support of the bill.
04:21 PM -- Tiffany Wilke, representing herself, testified against the bill.
04:25 PM -- Leslie Chomic, representing the League of Women Voters of Colorado, testified against the bill.
04:28 PM
Representative Landgraf discussed amendments L.001 and L.003.
| BILL: | HB16-1146 | |
| TIME: | 04:30:19 PM | |
| MOVED: | Neville P. | |
| MOTION: | Adopt amendment L.003 (Attachment E) to amendment L.001 (Attachment D) to House Bill 16-1146. The motion passed without objection. | |
| SECONDED: | Leonard | |
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VOTE
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Foote
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Humphrey
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Leonard
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Neville P.
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Primavera
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Tyler
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Wist
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Lontine
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Ryden
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB16-1146 | |
| TIME: | 04:30:58 PM | |
| MOVED: | Neville P. | |
| MOTION: | Adopt amendment L.001 (Attachment D), as amended, to House Bill 16-1146. The motion passed without objection. | |
| SECONDED: | Wist | |
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VOTE
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Foote
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Humphrey
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Leonard
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Neville P.
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Primavera
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Tyler
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Wist
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Lontine
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Ryden
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:31 PM
Representatives Landgraf and Sias wrapped up their presentation of the bill. Committee members commented on the bill.
| BILL: | HB16-1146 | |
| TIME: | 04:40:34 PM | |
| MOVED: | Neville P. | |
| MOTION: | Refer House Bill 16-1146, as amended, to the Committee of the Whole. The motion failed on a vote of 4-5. | |
| SECONDED: | Humphrey | |
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VOTE
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Foote
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No
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Humphrey
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Yes
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Leonard
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Yes
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Neville P.
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Yes
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Primavera
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No
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Tyler
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No
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Wist
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Yes
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Lontine
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No
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Ryden
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No
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YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | HB16-1146 | |
| TIME: | 04:41:53 PM | |
| MOVED: | Lontine | |
| MOTION: | Postpone House Bill 16-1146 indefinitely. The motion passed on a vote of 5-4. | |
| SECONDED: | Foote | |
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VOTE
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Foote
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Yes
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Humphrey
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No
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Leonard
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No
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Neville P.
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No
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Primavera
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Yes
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Tyler
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Yes
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Wist
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No
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Lontine
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Yes
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Ryden
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Yes
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Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:42 PM -- HB16-1035
Representative Leonard, sponsor, presented House Bill 16-1035. The committee heard testimony on the bill at its February 22, 2016, meeting. This bill clarifies that only public electric and gas utilities are required to apply to the Public Utilities Commission (PUC) for approval to issue or assume securities.
| BILL: | HB16-1035 | |
| TIME: | 04:44:56 PM | |
| MOVED: | Leonard | |
| MOTION: | Refer House Bill 16-1035 to the Committee of the Whole. The motion passed on a vote of 9-0. | |
| SECONDED: | Neville P. | |
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VOTE
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Foote
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Yes
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Humphrey
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Yes
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Leonard
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Yes
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Neville P.
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Yes
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Primavera
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Yes
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Tyler
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Yes
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Wist
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Yes
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Lontine
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Yes
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Ryden
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Yes
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Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:45 PM
The committee adjourned.