H_SA_2017A 03/08/2017 Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS
| Date: | 03/08/2017 |
ATTENDANCE
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| Time: | 01:34 PM to 10:32 PM |
Benavidez
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*
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Hooton
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X
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| Place: | LSB A |
Humphrey
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X
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Leonard
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X
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| This Meeting was called to order by |
Melton
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X
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| Representative Foote |
Weissman
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X
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Williams D.
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*
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| This Report was prepared by |
Lontine
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X
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| Amanda King |
Foote
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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: | ||
| SB17-017 SB17-062 |
Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole |
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01:35 PM -- SB17-017
Representative Singer, bill sponsor, presented Senate Bill 17-017. The bill creates a statutory right for a patient with acute stress disorder or post-traumatic stress disorder to use medical marijuana. The bill creates the same rights, limitations, affirmative defense, and exceptions from criminal laws for these conditions as the constitutional right to use medical marijuana for other debilitating conditions.
01:45 PM -- Dr. Paul Bregman, representing himself, testified in support of the bill. Dr. Bregman answered questions from the committee.
01:56 PM -- Dr. Sandra Fritsch, Children's Hospital Colorado and Colorado Child and Adolescent Psychiatric Society, testified in opposition to the bill. She provided two handouts to the committee (Attachments A and B).
17HouseState0308AttachA.pdf 17HouseState0308AttachB.pdf
02:02 PM -- Dr. Anne Marie O'Melia, Eating Recovery Center, Colorado Child and Adolescent Psychiatric Society, and American Academy of Pediatrics, testified in opposition to the bill.
02:07 PM
Dr. O'Melia and Dr. Fritsch answered questions from the committee.
02:20 PM -- Vicki Trujillo, representing herself, testified in support of the bill. She provided a handout to the committee (Attachment C). Ms. Trujillo answered questions from the committee.
17HouseState0308AttachC.pdf
02:30 PM -- Dr. Claudia Kunrath, Colorado Psychiatric Society and Denver Health, testified in opposition to the bill.
02:34 PM -- Dr. Katie Bakes, Colorado Psychiatric Society and Denver Health, testified in opposition to the bill.
02:38 PM -- Dr. Kristine Rodrigues, Colorado Psychiatric Society and Denver Health, testified in opposition to the bill.
02:42 PM
Dr. Bakes, Dr. Kunrath, and Dr. Rodrigues answered questions from the committee.
03:09 PM -- Jason Warf, Southern Colorado Cannabis Council, testified in support of the bill. Mr. Warf answered questions from the committee.
03:18 PM -- Dr. Laura Martin, representing herself, testified in opposition to the bill. She provided a handout to the committee (Attachment D).
17HouseState0308AttachD.pdf
03:22 PM -- Dr. Karen Rice, Colorado Psychiatric Society and Mental Health Partners, testified in opposition to the bill.
03:26 PM
Dr. Rice and Dr. Martin answered questions from the committee.
03:45 PM -- Dr. Kirk Anderson, representing himself, testified in support of the bill. Dr. Anderson answered questions from the committee. He provided a handout to the committee (Attachment E).
17HouseState0308AttachE.pdf
03:53 PM -- Dr. Alexis Ritvo, Colorado Psychiatric Society, testified in opposition to the bill.
03:58 PM -- Dr. Alexis Carrington-Ford, representing herself, testified in opposition to the bill.
04:01 PM -- Dr. Ruth Huhn, representing herself, testified in opposition to the bill.
04:04 PM
Dr. Ritvo, Dr. Huhn, and Dr. Carrington-Ford answered questions from the committee.
04:13 PM -- Matt Kahl, Veterans for Natural Rights, testified in support of the bill. Mr. Kahl responded to comments from the committee.
04:20 PM -- Dr. Doris Gundersen, Colorado Psychiatric Society, testified in opposition to the bill.
04:24 PM -- Dr. Abraham Nussbaum, representing himself, testified in opposition to the bill. Dr. Nussbaum answered questions from the committee.
04:34 PM
Dr. Gundersen and Dr. Nussbaum answered questions from the committee.
04:45 PM -- David LaRose, representing himself, testified in support of the bill. Mr. LaRose answered questions from the committee.
04:54 PM -- Dr. Charlie Lippolis, Colorado Psychiatric Society and Colorado Child and Adolescent Psychiatric Society, testified in opposition to the bill. She provided a handout to the committee (Attachment F). Dr. Lippolis answered questions from the committee.
17HouseState0308AttachF.pdf
04:58 PM -- Stacey Linn, representing herself, testified in support of the bill. Ms. Linn answered questions from the committee.
05:04 PM -- Dr. Tom Perille, representing himself, testified in opposition to the bill. He provided a handout to the committee (Attachment G). Dr. Perille answered questions from the committee.
17HouseState0308AttachG.pdf
05:11 PM -- Martha Montemayor, Healthy Choices Unlimited, testified in support of the bill. She provided a handout to the committee (Attachment H). Ms. Montemayor answered questions from the committee.
17HouseState0308AttachH.pdf
05:19 PM -- Julie Richardson, Colorado Project Pay It Forward, testified in support of the bill.
05:22 PM -- Jessica LeRoux, representing herself, testified in support of the bill.
05:28 PM -- Mimi Friedman, American Medical Refugees, testified in support of the bill.
05:31 PM -- Anna Yensen, representing herself, testified in support of the bill. She provided a handout to the committee (Attachment I).
17HouseState0308AttachI.pdf
05:35 PM -- Teri Robnett, representing herself, testified in support of the bill. She provided a handout to the committee (Attachment J).
17HouseState0308AttachJ.pdf
05:39 PM -- Bridgett Seritt, representing herself, testified in support of the bill.
05:43 PM -- Travis Lippert, Verks Unlimited, testified in support of the bill.
05:48 PM -- Camille Sampino, representing herself, testified in support of the bill.
05:50 PM -- Blake Bell, Greater St. Louis NORML, testified in support of the bill. Mr. Bell answered questions from the committee.
05:57 PM
Amanda Bent, Drug Policy Alliance, provided written testimony in support of the bill to the committee (Attachment K).
17HouseState0308AttachK.pdf
05:58 PM -- Jon Gray, representing himself, testified in support of the bill.
06:02 PM -- Stephen Freydenfeldt, representing himself, testified in support of the bill.
06:07 PM -- Adam Foster, Hoban Law Group, testified in support of the bill. Mr. Foster answered question from the committee. He provided a handout to the committee (Attachment L).
17HouseState0308AttachL.pdf
06:14 PM -- Robert Corry, representing himself, testified in support of the bill.
06:17 PM -- Stephanie Davis, The STRONG Alliance, testified in support of the bill.
06:20 PM -- Aimee Kahl, representing herself, testified in support of the bill.
06:24 PM -- Myra Little Tree Oppy, representing herself, testified in support of the bill.
06:28 PM -- Brie Stranahan, representing herself, testified in support of the bill.
06:31 PM -- Carrie Hudson, representing herself, testified in support of the bill.
06:36 PM -- Mary Carniglia, Healthy Choices Unlimited, testified in support of the bill. Ms. Carniglia answered questions from the committee.
06:41 PM -- David Serrano, representing himself, testified in support of the bill.
06:45 PM -- Rocky Hall, representing himself, testified in support of the bill.
06:47 PM -- Lydia Smith, representing herself, testified in support of the bill.
06:54 PM -- Lesley Fries, SOQDET Farms, testified in support of the bill.
06:58 PM -- Nolan Cochran, representing himself, testified in support of the bill.
07:03 PM
Dr. Anderson returned to the table to provide addition comments.
07:06 PM -- Josy Palmer, representing herself, testified in support of the bill.
07:11 PM
Representative Benavidez explained amendment L.004 (Attachment M). Representative Singer made comments about amendment L.004.
17HouseState0308AttachM.pdf
| BILL: | SB17-017 | |
| TIME: | 07:13:14 PM | |
| MOVED: | Benavidez | |
| MOTION: | Adopt amendment L.004 (Attachment M). The motion passed without objection. | |
| SECONDED: | Melton | |
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VOTE
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Benavidez
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Hooton
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Humphrey
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Leonard
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Melton
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Weissman
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Williams D.
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Lontine
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Foote
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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07:13 PM
Representative Benavidez explained amendment L.010 (Attachment N). Representative Singer made comments about amendment L.010.
17HouseState0308AttachN.pdf
| BILL: | SB17-017 | |
| TIME: | 07:15:44 PM | |
| MOVED: | Benavidez | |
| MOTION: | Adopt amendment L.010 (Attachment N). The motion passed without objection. | |
| SECONDED: | Lontine | |
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VOTE
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Benavidez
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Hooton
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Humphrey
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Leonard
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Melton
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Weissman
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Williams D.
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Lontine
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Foote
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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07:16 PM
Representative Leonard explained amendment L.005 (Attachment O). Representative Singer made comments about amendment L.005. Committee members commented about amendment L.005 and the bill.
17HouseState0308AttachO.pdf
| BILL: | SB17-017 | |
| TIME: | 07:39:27 PM | |
| MOVED: | Leonard | |
| MOTION: | Adopt amendment L.005 (Attachment O). The motion failed on a vote of 3-6. | |
| SECONDED: | Humphrey | |
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VOTE
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Benavidez
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No
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Hooton
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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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Melton
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No
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Weissman
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No
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Williams D.
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Yes
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Lontine
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No
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Foote
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No
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YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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07:41 PM
Representative Singer made concluding remarks about the bill. Committee members commented on the bill.
| BILL: | SB17-017 | |
| TIME: | 07:47:02 PM | |
| MOVED: | Melton | |
| MOTION: | Refer Senate Bill 17-017, as amended, to the Committee of the Whole. The motion passed on a vote of 8-1. | |
| SECONDED: | Hooton | |
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VOTE
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Benavidez
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Yes
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Hooton
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Yes
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Humphrey
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No
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Leonard
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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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Williams D.
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Yes
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Lontine
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Yes
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Foote
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Yes
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Final YES: 8 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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07:49 PM
The committee recessed.
07:58 PM -- SB17-062
The committee came back to order. Representative Humphrey and Representative Bridges, co-prime bill sponsors, presented Senate Bill 17-062. The bill prohibits an institution of higher education from limiting or restricting a student's verbal or written expression in a student forum based on the content of the expression or the reaction or opposition to the expression by observers. Institutions of higher education may not designate an area of campus as a free speech zone or implement any policy that restricts a student's expressive actions to a particular area. Subjecting a student to disciplinary action as a result of the expression also violates the prohibition.
Institutions of higher education may only restrict the time, place, and manner of student expression if the restrictions are:
• reasonable;
• justified without reference to the content of the restricted speech;
• serving a significant government interest; and
• leaving open alternative ways to communicate the information.
Any student who was denied access to a student forum for expressive purposes may file suit for relief up to one year after an alleged violation occurred. The court is to award reasonable court costs and attorney fees if it finds that a violation has occurred. The bill specifies that each day the violation occurs or each day a policy that violates SB 17-062 exists is considered a new violation.
The bill specifies that the prohibition does not prevent an institution of higher education from prohibiting, limiting, or restricting expression that is not protected by the First Amendment, nor does it allow members of an institution's community to disrupt previously scheduled activities in a student forum. In addition, the bill defines expression and student forum.
08:06 PM -- Patrick O'Rourke, University of Colorado, testified in support of the bill. Mr. O'Rourke answered questions from the committee.
08:24 PM
Representative Bridges and Mr. O'Rourke answered questions from the committee.
08:46 PM -- Baden Dense, representing himself, testified on the bill in the neutral capacity.
08:49 PM -- Catherine Marin, representing herself, testified on the bill in a neutral capacity.
08:53 PM -- Addison Urban, representing himself, testified in opposition to the bill.
08:57 PM
Ms. Marin answered a question from the committee.
08:58 PM -- Tyson Langhofer, Alliance Defending Freedom, testified in support of the bill. Mr. Langhofer answered questions from the committee.
09:04 PM -- Juan Caro, representing himself, testified in support of the bill. Mr. Caro answered questions from the committee.
09:18 PM
Representative Bridges made comments to the committee.
09:19 PM -- Theresa Sidebotham, Christian Legal Society, testified in support of the bill. She provided a handout to the committee (Attachment P). Ms. Sidebotham answered questions from the committee.
17HouseState0308AttachP.pdf
09:25 PM -- Brad Bergford, Commission for the Protection of Constitutional Rights, testified in support of the bill. Mr. Bergford answered questions from the committee.
09:31 PM -- Greg Romberg, Colorado Press Association, testified in support of the bill.
09:33 PM -- Joe Cohn, Foundation for Individual Rights in Education, testified in support of the bill. Mr. Cohn answered questions from the committee.
09:44 PM -- Denise Maes, ACLU of Colorado, testified in support of the bill. Ms. Maes answered questions from the committee.
09:58 PM -- Joel Watson, representing himself, testified in support of the bill.
10:02 PM -- Marcus Fotenos, University of Colorado Student Government, testified in support of the bill. He provided a handout to the committee (Attachment Q). Mr. Fotenos answered questions from the committee.
17HouseState0308AttachQ.pdf
10:13 PM
Representative Weissman explained amendment L.011 (Attachment R). Representative Bridges commented on amendment L.011.
17HouseState0308AttachR.pdf
| BILL: | SB17-062 | |
| TIME: | 10:14:15 PM | |
| MOVED: | Weissman | |
| MOTION: | Adopt amendment L.011 (Attachment R). The motion passed without objection. | |
| SECONDED: | Lontine | |
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VOTE
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Benavidez
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Hooton
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Humphrey
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Leonard
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Melton
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Weissman
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Williams D.
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Lontine
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Foote
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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10:14 PM
Representative Weissman discussed amendment L.012 (Attachment S).
17HouseState0308AttachS.pdf
10:15 PM
Representative Foote explained amendment L.013 (Attachment T). Representative Bridges commented on amendment L.013.
17HouseState0308AttachT.pdf
| BILL: | SB17-062 | |
| TIME: | 10:16:06 PM | |
| MOVED: | Foote | |
| MOTION: | Adopt amendment L.013 (Attachment T). The motion passed without objection. | |
| SECONDED: | Williams D. | |
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VOTE
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Benavidez
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Hooton
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Humphrey
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Leonard
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Melton
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Weissman
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Williams D.
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Lontine
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Foote
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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10:16 PM
The committee recessed.
10:22 PM
The committee came back to order. Representative Weissman explained amendment L.014 (Attachment U). Representative Bridges commented on amendment L.014.
17HouseState0308AttachU.pdf
| BILL: | SB17-062 | |
| TIME: | 10:23:12 PM | |
| MOVED: | Weissman | |
| MOTION: | Adopt amendment L.014 (Attachment U). The motion passed without objection. | |
| SECONDED: | Melton | |
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VOTE
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Benavidez
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Hooton
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Humphrey
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Leonard
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Melton
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Weissman
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Williams D.
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Lontine
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Foote
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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10:24 PM
Representative Weissman explained amendment L.012. Representative Humphrey commented on amendment L.012.
| BILL: | SB17-062 | |
| TIME: | 10:24:14 PM | |
| MOVED: | Weissman | |
| MOTION: | Adopt amendment L.012 (Attachment S). The motion passed without objection. | |
| SECONDED: | Leonard | |
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VOTE
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Benavidez
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Hooton
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Humphrey
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Leonard
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Melton
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Weissman
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Williams D.
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Lontine
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Foote
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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10:25 PM
Representative Bridges and Representative Humphrey made concluding remarks about the bill. Committee members commented on the bill.
| BILL: | SB17-062 | |
| TIME: | 10:31:00 PM | |
| MOVED: | Humphrey | |
| MOTION: | Refer Senate Bill 17-062, as amended, to the Committee of the Whole. The motion passed on a vote of 8-1. | |
| SECONDED: | Hooton | |
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VOTE
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Benavidez
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No
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Hooton
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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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Melton
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Yes
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Weissman
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Yes
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Williams D.
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Yes
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Lontine
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Yes
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Foote
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Yes
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Final YES: 8 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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10:32 PM
The committee adjourned.