J_LC_2016A 09/01/2016 09:00:45 AM Committee Summary
Final
STAFF SUMMARY OF MEETING
COMMITTEE ON LEGISLATIVE COUNCIL
| Date: | 09/01/2016 |
ATTENDANCE
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| Time: | 09:00 AM to 01:59 PM |
Buck
|
X
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|
Court
|
X
|
||
| Place: | RM 271 |
DelGrosso
|
X
|
|
Duran
|
X
|
||
| This Meeting was called to order by |
Guzman
|
X
|
|
| Representative Hullinghorst |
Heath
|
X
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|
|
Jones
|
X
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||
| This Report was prepared by |
Landgraf
|
X
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|
| Conrad Imel |
Lawrence
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*
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|
|
Lundberg
|
X
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||
|
Marble
|
X
|
||
|
Melton
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*
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||
|
Roberts
|
X
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||
|
Scheffel
|
X
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||
|
Ulibarri
|
X
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||
|
Williams
|
X
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||
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Cadman
|
X
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||
|
Hullinghorst
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X
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||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| Introductory Remarks Amendment 69 Amendment T Amendment U Initiative 96 Initiative 98 Initiative 101 Initiative 143 Initiative 140 Initiative 145 Consideration of Amendments to Legislative Council Rules |
Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Amended, Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Amended, Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Amended, Witness Testimony and/or Committee Discussion Only Amended, |
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09:01 AM -- Introductory Remarks
Speaker Hullinghorst, chair, called the committee to order. A quorum was present. Mr. Mike Mauer, Director, Legislative Council Staff, provided introductory remarks for the meeting, and explained the procedures for reviewing the ballot analyses. Copies of the meeting materials are posted online on the Legislative Council website (https://www.colorado.gov/pacific/cga-legislativecouncil/ballotblue-book). Mr. Mauer responded to questions from the committee. Speaker Hullinghorst explained procedures to be used during the meeting.
09:08 AM -- Amendment 69
Ms. Amanda King, Legislative Council Staff, presented the ballot analysis for Amendment 69, Statewide Healthcare System. Ms. King responded to questions from the committee regarding specific language in the analysis and formatting.
09:20 AM
The committee discussed the definition of "Coloradan."
09:22 AM -- Mr. Ralph Ogden, representing ColoradoCareYes, testified on the analysis as a proponent. Mr. Ogden distributed written testimony to the committee (Attachment A), and suggested changes to the ballot analysis. Mr. Ogden responded to a question regarding the terms "resident of Colorado" and "Coloradan." The chair recognized Senator Baumgardner to ask a question.
160901 AttachA.pdf
09:29 AM
Ms. King returned to the table at the request of President Cadman to address the testimony of Mr. Ogden.
| BILL: | Amendment 69 | |
| TIME: | 09:35:14 AM | |
| MOVED: | Lundberg | |
| MOTION: | Amend Final Draft to replace each instance of “Coloradan” with “resident of Colorado”. The motion failed on a 9-9 vote. | |
| SECONDED: | Lawrence | |
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VOTE
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|
Buck
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Yes
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|
|
Court
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No
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|
|
DelGrosso
|
Yes
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|
|
Duran
|
No
|
|
|
Guzman
|
No
|
|
|
Heath
|
No
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|
|
Jones
|
No
|
|
|
Landgraf
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundberg
|
Yes
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|
|
Marble
|
Yes
|
|
|
Melton
|
No
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|
|
Roberts
|
Yes
|
|
|
Scheffel
|
Yes
|
|
|
Ulibarri
|
No
|
|
|
Williams
|
No
|
|
|
Cadman
|
Yes
|
|
|
Hullinghorst
|
No
|
|
|
YES: 9 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: TIE
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09:38 AM
Representative Court discussed a proposed amendment.
| BILL: | Amendment 69 | |
| TIME: | 09:39:48 AM | |
| MOVED: | Court | |
| MOTION: | Amend Final Draft, page 2, line 33, strike "include", substitute "include, among others,". The motion failed on a 9-9 vote. | |
| SECONDED: | Marble | |
|
VOTE
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||
|
Buck
|
No
|
|
|
Court
|
Yes
|
|
|
DelGrosso
|
No
|
|
|
Duran
|
Yes
|
|
|
Guzman
|
Yes
|
|
|
Heath
|
Yes
|
|
|
Jones
|
Yes
|
|
|
Landgraf
|
No
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|
|
Lawrence
|
No
|
|
|
Lundberg
|
No
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|
|
Marble
|
No
|
|
|
Melton
|
Yes
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|
|
Roberts
|
No
|
|
|
Scheffel
|
No
|
|
|
Ulibarri
|
Yes
|
|
|
Williams
|
Yes
|
|
|
Cadman
|
No
|
|
|
Hullinghorst
|
Yes
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|
|
YES: 9 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: TIE
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09:41 AM -- Amendment T
Ms. Rachel Kurtz-Phelan, Legislative Council Staff, presented the ballot analysis for Amendment T, No Exception to Involuntary Servitude. Ms. Kurtz-Phelan responded to questions concerning input by the Department of Corrections and the Judicial Branch, and the argument against included in the analysis.
09:45 AM -- Ms. Sharon Bridgeforth, representing Together Colorado, testified on the ballot analysis. Ms. Bridgeforth discussed the intent of the measure.
09:47 AM -- Mr. Nathan Woodliff-Stanley, representing the ACLU of Colorado, testified on the ballot analysis. He discussed how the ballot analysis may affect voters. Mr. Woodliff-Stanley requested changes to the arguments section of the analysis, and responded to a question regarding specific changes. Representative Melton distributed language for a potential amendment (Attachment B).
160901 AttachB.pdf
09:53 AM
Ms. Kurtz-Phelan responded to a question regarding the inclusion in the analysis of the argument against the measure. Mr. Mauer commented on the requirements for including arguments for and against a measure, and the process for developing those arguments. Senator Ulibarri commented.
| BILL: | Amendment T | |
| TIME: | 09:57:05 AM | |
| MOVED: | Melton | |
| MOTION: | Amend Final Draft, page 2, line 9, after "statement." insert "There are 25 states that do not have any language related to slavery and involuntary servitude in their constitution and both prison and community service programs are able to operate within those states."; page 2, line 15, strike "Such practices have a place in the correctional system, and legal"; page 2, strike lines 16 and 17. The motion passed on a vote of 18-0. | |
| SECONDED: | Ulibarri | |
|
VOTE
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||
|
Buck
|
Yes
|
|
|
Court
|
Yes
|
|
|
DelGrosso
|
Yes
|
|
|
Duran
|
Yes
|
|
|
Guzman
|
Yes
|
|
|
Heath
|
Yes
|
|
|
Jones
|
Yes
|
|
|
Landgraf
|
Yes
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|
|
Lawrence
|
Yes
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|
|
Lundberg
|
Yes
|
|
|
Marble
|
Yes
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|
|
Melton
|
Yes
|
|
|
Roberts
|
Yes
|
|
|
Scheffel
|
Yes
|
|
|
Ulibarri
|
Yes
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|
|
Williams
|
Yes
|
|
|
Cadman
|
Yes
|
|
|
Hullinghorst
|
Yes
|
|
|
YES: 18 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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10:02 AM -- Amendment U
Mr. Josh Abram, Legislative Council Staff, presented the ballot analysis for Amendment U, Exempt Certain Possessory Interests From Property Taxes.
There was no public testimony and no amendments.
10:05 AM -- Initiative 96
Ms. Kori Donaldson, Legislative Council Staff, presented the ballot analysis for Initiative 96, Requirements for Constitutional Amendments. Ms. Donaldson answered questions from the committee. Mr. Mauer came back to the table to answer questions from the committee.
10:13 AM -- Ms. Michelle Swenson, representing herself, came to the table to testify against the measure.
10:15 AM -- Ms. Sonia Skakich-Scrima, representing herself, came to the table to testify against the measure. She entered a copy of her comments into the record (Attachment C).
160901 AttachC.pdf
10:26 AM -- Mr. Josh Penry, representing Raise the Bar, came to the table to testify in favor of the measure and be available for questions. Mr. Penry answered questions from the committee.
10:33 AM -- Ms. Sandra Toland, representing herself, came to the table to testify against the measure.
10:36 AM
No amendments were proposed.
10:36 AM -- Initiative 98
Mr. Bill Zepernick, Legislative Council Staff, presented the ballot analysis for Initiative 98, Presidential Primary Elections. Mr. Zepernick responded to a question concerning the use of the term "taxpayer" in the ballot analysis.
10:41 AM -- Ms. Martha Tierney, representing Citizens for Integrity, testified as an opponent of the initiative. Ms. Tierney commented on the ability of unaffiliated voters to participate in a primary election and the arguments against included in the analysis. She distributed information to the committee (Attachments D and E).
160901 AttachD.pdf160901 AttachE.pdf
10:50 AM
Ms. Tierney responded to questions concerning the spoilage rates of ballots in Colorado, participation of unaffiliated voters in primary elections, and other possible amendments.
10:53 AM -- Ms. Suzanne Staiert, representing the Colorado Secretary of State's office, testified on the analysis. Ms. Staiert discussed concerns with the arguments against. She responded to questions about specific changes and the ability for unaffiliated voters to participate in primary elections. Senator Jones distributed a proposed amendment (Attachment F).
160901 AttachF.pdf
11:03 AM -- Mr. Curtis Hubbard, representing Let Colorado Vote, testified as a proponent of the initiative. Mr. Hubbard addressed prior testimony. He responded to a question regarding unaffiliated voter participation in primary elections, the requirements for unaffiliated voters to participate in Washington state, and the proposed amendment.
11:10 AM -- Mr. Matt Crane, representing the Colorado County Clerks Association, testified on the ballot analysis. He stated support for the proposed amendment, and discussed voting statistics in Washington state, ballot design, the costs associated with implementing the amendment, and whether voting systems would need to be updated. He responded to questions concerning the Colorado County Clerks Association involvement with the initiative, and the arguments for and against included in the analysis.
11:17 AM
Mr. Zepernick responded to questions about Senator Jones' proposed amendment. The committee discussed possible amendments.
11:22 AM -- The chair reopened public testimony. Ms. Amber McReynolds, representing the City and County of Denver Elections Division, testified on the measure. She discussed the possible ballot design and provided information about voters and elections.
| BILL: | Initiative 98 | |
| TIME: | 11:26:48 AM | |
| MOVED: | Jones | |
| MOTION: | Amend Final Draft, strike page 2, lines 21 though 31, and substitute the amendment proposed by Senator Jones (Attachment F), as amended in argument 1, line 2, after "of" add "unaffiliated voters'"; argument 1, line 3 after "Unaffiliated" add "voters"; argument 1, line 3 strike "of the"; argument 2, line 2, strike "during" and substitute "to". The motion passed on a vote of 17-1. | |
| SECONDED: | Ulibarri | |
|
VOTE
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||
|
Buck
|
Yes
|
|
|
Court
|
Yes
|
|
|
DelGrosso
|
Yes
|
|
|
Duran
|
Yes
|
|
|
Guzman
|
Yes
|
|
|
Heath
|
Yes
|
|
|
Jones
|
Yes
|
|
|
Landgraf
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Marble
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Roberts
|
No
|
|
|
Scheffel
|
Yes
|
|
|
Ulibarri
|
Yes
|
|
|
Williams
|
Yes
|
|
|
Cadman
|
Yes
|
|
|
Hullinghorst
|
Yes
|
|
|
YES: 17 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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||
| BILL: | Initiative 98 | |
| TIME: | 11:32:18 AM | |
| MOVED: | Jones | |
| MOTION: | Amend Final Draft, page 2, line 15, strike "results" and substitute "may result", page 2, line 18 strike "to more"; page 2, line 19, strike "voters has the potential to increase voter turnout and allow for" and substitute "may". The motion passed on a vote of 18-0. | |
| SECONDED: | Ulibarri | |
|
VOTE
|
||
|
Buck
|
Yes
|
|
|
Court
|
Yes
|
|
|
DelGrosso
|
Yes
|
|
|
Duran
|
Yes
|
|
|
Guzman
|
Yes
|
|
|
Heath
|
Yes
|
|
|
Jones
|
Yes
|
|
|
Landgraf
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Marble
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Roberts
|
Yes
|
|
|
Scheffel
|
Yes
|
|
|
Ulibarri
|
Yes
|
|
|
Williams
|
Yes
|
|
|
Cadman
|
Yes
|
|
|
Hullinghorst
|
Yes
|
|
|
YES: 18 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
|
||
| BILL: | Initiative 98 | |
| TIME: | 11:42:44 AM | |
| MOVED: | Marble | |
| MOTION: | Amend Final Draft, page 2, line 16, strike "In a closed primary, voter"; page 2, strike line 17; page 2, line 18, strike "number of their party's more active members.". The motion failed on a vote of 8-10. | |
| SECONDED: | Buck | |
|
VOTE
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||
|
Buck
|
No
|
|
|
Court
|
No
|
|
|
DelGrosso
|
No
|
|
|
Duran
|
Yes
|
|
|
Guzman
|
Yes
|
|
|
Heath
|
Yes
|
|
|
Jones
|
Yes
|
|
|
Landgraf
|
No
|
|
|
Lawrence
|
No
|
|
|
Lundberg
|
No
|
|
|
Marble
|
No
|
|
|
Melton
|
Yes
|
|
|
Roberts
|
No
|
|
|
Scheffel
|
No
|
|
|
Ulibarri
|
Yes
|
|
|
Williams
|
Yes
|
|
|
Cadman
|
No
|
|
|
Hullinghorst
|
Yes
|
|
|
YES: 8 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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11:47 AM
The committee recessed.
12:05 PM -- Initiative 101
President Cadman called the committee back to order. Mr. Louis Pino, Legislative Council Staff, presented the ballot analysis for Initiative 101, State Minimum Wage. Mr. Pino responded to questions about the arguments in the analysis.
12:09 PM -- Mr. Rich Jones, representing The Bell Policy Center and Colorado Families for a Fair Wage, testified as a proponent of the measure. He discussed the fiscal impact estimate included in the analysis, and responded to questions about the arguments in the analysis.
The chair recognized Senator Baumgardner for a question, and Mr. Jones responded. Mr. Jones also responded to questions concerning the effect of minimum wage increases.
12:15 PM
Mr. Pino responded to questions concerning the last draft of the ballot analysis.
12:16 PM -- Initiative 143
Mr. Larson Silbaugh, Legislative Council Staff, presented the ballot analysis for Initiative 143, Increase Cigarette and Tobacco Taxes. Proposed Amendment 1 was distributed to the committee (Attachment G).
160901 AttachG.pdf
The chair recognized Senator Baumgardner for a question. Mr. Silbaugh responded to that question, which concerned the effect of the initiative on low-income persons. Mr. Silbaugh responded to questions concerning information in the analysis.
12:22 PM -- Mr. Trey Rogers, representing Lewis Roca Rothberger Christie, testified on the ballot analysis. Mr. Rogers requested that the committee adopted proposed Amendment 1. He responded to questions about the proposed amendments.
12:32 PM
Mr. Rogers continued to respond to questions concerning the proposed amendments.
12:34 PM -- Ms. Mary Szarmach, representing Smoker Friendly, testified on the ballot analysis. She spoke in support of the proposed amendments. She responded to questions regarding the effect of the initiative and proposed amendments to the analysis.
12:42 PM -- Mr. Bill Hanna and Mr. David Ortiz, representing the United Veterans Committee of Colorado (UVC), testified on the ballot analysis. Mr. Hanna commented on the analysis and introduced Mr. Ortiz. Mr. Ortiz testified on the ballot analysis. Mr. Hanna responded to questions concerning the UVC's involvement with developing the measure.
12:45 PM -- Ms. Susanna Mizer, representing the American Heart Association, testified on the ballot analysis. She stated that the ballot analysis should not be amended, and she responded to questions concerning their involvement with developing the measure.
The committee discussed the amendment. Representative Melton proposed severing the amendment. President Cadman severed the amendment. After committee discussion, President Cadman recombined the severed sections.
1:04 PM
The committee recessed.
1:12 PM
President Cadman called the committee back to order.
| BILL: | Initiative 143 | |
| TIME: | 01:12:06 PM | |
| MOVED: | Williams | |
| MOTION: | Adopt proposed Amendment 1, not including paragraph 3 (Attachment G). The motion failed on a vote of 8-9, with one member excused. | |
| SECONDED: | Cadman | |
|
VOTE
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||
|
Buck
|
No
|
|
|
Court
|
No
|
|
|
DelGrosso
|
Yes
|
|
|
Duran
|
No
|
|
|
Guzman
|
Yes
|
|
|
Heath
|
No
|
|
|
Jones
|
No
|
|
|
Landgraf
|
No
|
|
|
Lawrence
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Marble
|
Yes
|
|
|
Melton
|
No
|
|
|
Roberts
|
Excused
|
|
|
Scheffel
|
Yes
|
|
|
Ulibarri
|
No
|
|
|
Williams
|
Yes
|
|
|
Cadman
|
Yes
|
|
|
Hullinghorst
|
No
|
|
|
YES: 8 NO: 9 EXC: 1 ABS: 0 FINAL ACTION: FAIL
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||
01:15 PM -- Initiative 140
Mr. Bill Zepernick, Legislative Council Staff, presented the ballot analysis for Initiative 140, Presidential Primary Elections.
01:19 PM -- Ms. Martha Tierney, representing Citizens for Integrity, testified on the ballot analysis. She discussed concerns regarding spoiled ballots, and amendments she would like to be made to the ballot analysis language. Senator Jones distributed a proposed amendment (Attachment H).
160901 AttachH.pdf
01:23 PM -- Mr. Curtis Hubbard, representing Let Colorado Vote, testified on the ballot analysis. Mr. Hubbard discussed factual concerns with the proposed amendment, and the costs associated with elections. He stated support for the ballot analysis as drafted.
01:24 PM -- Ms. Suzanne Staiert, representing the Colorado Secretary of State's office, testified on the ballot analysis. She incorporated her testimony from Initiative 98 earlier in the meeting, and discussed ballot spoilage. She responded to questions about election funding.
01:27 PM -- Mr. Michael Crane, representing the Colorado County Clerks Association, testified on the ballot analysis. He discussed ballot spoilage and spoke about elections, generally.
01:30 PM
Mr. Hubbard returned to the table to testify about a potential amendment. He also discussed ballot spoilage. The committee discussed Senator Jones' proposed amendment.
| BILL: | Initiative 140 | |
| TIME: | 01:31:54 PM | |
| MOVED: | Jones | |
| MOTION: | Adopt amendment distributed by Senator Jones (Attachment H), as amended in argument 1, line 6, strike "results. If" and substitute "results and it". The motion passed on a vote of 16-0, with two members excused. | |
| SECONDED: | Ulibarri | |
|
VOTE
|
||
|
Buck
|
Yes
|
|
|
Court
|
Yes
|
|
|
DelGrosso
|
Yes
|
|
|
Duran
|
Yes
|
|
|
Guzman
|
Yes
|
|
|
Heath
|
Yes
|
|
|
Jones
|
Yes
|
|
|
Landgraf
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Marble
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Roberts
|
Excused
|
|
|
Scheffel
|
Yes
|
|
|
Ulibarri
|
Yes
|
|
|
Williams
|
Yes
|
|
|
Cadman
|
Excused
|
|
|
Hullinghorst
|
Yes
|
|
|
YES: 16 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS
|
||
01:36 PM -- Initiative 145
Ms. Kerry White, Legislative Council Staff, presented the ballot analysis for Initiative 145, Access to Medical Aid-in-Dying Medication.
01:41 PM -- Dr. Thomas Perille, representing the Protect Life Coalition, testified on the ballot analysis. He discussed concerns relating to the ballot analysis and amendments he would support. Dr. Perille responded to questions about the placement of his proposed amendments.
01:50 PM -- Ms. Julie Selsberg, representing herself, testified on the ballot analysis as a proponent of the initiative. Ms. Selsberg responded to questions concerning the arguments section of the ballot analysis.
01:55 PM
Ms. White responded to a question concerning changes made the ballot analysis between versions of the ballot analysis.
01:57 PM -- Consideration of Amendments to Legislative Council Rules
Mr. Mike Mauer presented the committee with a proposed change to the Legislative Council Rules (Attachment I).
160901 AttachI.pdf
| BILL: | Consideration of Amendments to Legislative Council Rules | |
| TIME: | 01:58:18 PM | |
| MOVED: | Landgraf | |
| MOTION: | Adopt amendment to Legislative Council Rules (Attachment I). The motion passed on a vote of 16-0, with two members excused. | |
| SECONDED: | Heath | |
|
VOTE
|
||
|
Buck
|
Yes
|
|
|
Court
|
Yes
|
|
|
DelGrosso
|
Yes
|
|
|
Duran
|
Yes
|
|
|
Guzman
|
Yes
|
|
|
Heath
|
Yes
|
|
|
Jones
|
Yes
|
|
|
Landgraf
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Marble
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Roberts
|
Excused
|
|
|
Scheffel
|
Yes
|
|
|
Ulibarri
|
Yes
|
|
|
Williams
|
Yes
|
|
|
Cadman
|
Excused
|
|
|
Hullinghorst
|
Yes
|
|
|
YES: 16 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS
|
||
01:59 PM
The committee adjourned.