S_BLT_2016A 02/17/2016 02:05:47 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY
| Date: | 02/17/2016 |
ATTENDANCE
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| Time: | 02:05 PM to 06:13 PM |
Baumgardner
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X
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Heath
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X
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| Place: | RM 271 |
Hodge
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X
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|
Jahn
|
X
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||
| This Meeting was called to order by |
Neville T.
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X
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| Senator Holbert |
Newell
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X
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Tate
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X
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| This Report was prepared by |
Woods
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*
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| Jeanette Chapman |
Holbert
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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: | ||
| SB16-058 HB16-1041 SB16-040 |
Amended, Referred to Appropriations Referred to the Committee of the Whole - Consent Calendar Amended, Referred to Appropriations |
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02:06 PM -- SB16-058
Senator Hill introduced Senate Bill 16-058, concerning Colorado farm to consumer sales. Senator Hill presented strike below amendment L.006 (Attachment A) to the bill and amendment L.005 (Attachment B) to amendment L.006. The bill amends the Colorado Cottage Foods Act, which allows homemade food producers to sell certain food products directly to consumers. Current law divides the types of products that may be sold by producers into two tiers and specifies the foods that comprise each tier. The bill eliminates the tiered system and the State Board of Health's authority to make rules governing the production of tier two foods, which currently consist of pickled vegetables. The bill expands the types of foods that may be sold by producers under the Cottage Foods Act to include other nonpotentially hazardous foods and encourages, rather than mandates, a producer to take a food safety course.
160217AttachA.pdf160217AttachB.pdf
02:15 PM -- Kate Kavanaugh, Western Daughters Butcher shop, spoke in support of the bill. She responded to questions from the committee.
02:26 PM -- Nick Hoover, Colorado Restaurant Association, spoke about the bill. He responded to questions from the committee.
02:35 PM -- Alan Lewis, Natural Grocers, spoke about the bill.
02:39 PM -- Brent Boydston, Colorado Farm Bureau, spoke about the bill.
02:45 PM -- Steve Bornmann, Colorado Department of Agriculture, responded to questions from the committee.
02:49 PM -- Blake Angelo, representing himself, spoke about the bill. He responded to questions from the committee.
| BILL: | SB16-058 | |
| TIME: | 02:58:54 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Adopt amendment L.006. The motion passed on a vote of 8-1. | |
| SECONDED: | ||
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VOTE
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Baumgardner
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Yes
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Heath
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No
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Hodge
|
Yes
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|
Jahn
|
Yes
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|
|
Neville T.
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Yes
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|
Newell
|
Yes
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|
|
Tate
|
Yes
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|
|
Woods
|
Yes
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|
Holbert
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Yes
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YES: 8 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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| BILL: | SB16-058 | |
| TIME: | 03:09:21 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Adopt amendment L.005. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Baumgardner
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Heath
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Hodge
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|
Jahn
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Neville T.
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Newell
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Tate
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|
Woods
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Excused
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Holbert
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-058 | |
| TIME: | 03:10:25 PM | |
| MOVED: | Heath | |
| MOTION: | Adopt amendment L.007 (Attachment C). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Baumgardner
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||
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Heath
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Hodge
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Jahn
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Neville T.
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Newell
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Tate
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|
Woods
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Excused
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Holbert
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
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160217AttachC.pdf
03:17 PM
The committee took a recess.
03:25 PM
The committee came back to order.
| BILL: | SB16-058 | |
| TIME: | 03:26:05 PM | |
| MOVED: | Newell | |
| MOTION: | Adopt amendment L.009 (Attachment D). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Baumgardner
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||
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Heath
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Hodge
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|
Jahn
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||
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Neville T.
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Newell
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Tate
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|
Woods
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Excused
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Holbert
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-058 | |
| TIME: | 03:28:18 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Refer Senate Bill 16-058, as amended, to the Committee on Appropriations. The motion passed on a vote of 8-1. | |
| SECONDED: | ||
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VOTE
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|
Baumgardner
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Yes
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Heath
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Yes
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Hodge
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Yes
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Jahn
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No
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Neville T.
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Yes
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Newell
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Yes
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Tate
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Yes
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|
Woods
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Yes
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|
Holbert
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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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03:40 PM -- HB16-1041
Senator Holbert introduced House Bill 16-1041, concerning repealing marijuana business bonding requirements. The bill repeals the surety bonding requirement for licensure of medical marijuana businesses, retail marijuana establishments, and retail marijuana cultivation facilities.
03:43 PM -- Andy Williams, Medicine Man, spoke in support of the bill.
| BILL: | HB16-1041 | |
| TIME: | 03:47:01 PM | |
| MOVED: | Holbert | |
| MOTION: | Refer House Bill 16-1041 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 9-0. | |
| SECONDED: | ||
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VOTE
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|
Baumgardner
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Yes
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Heath
|
Yes
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Hodge
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Yes
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|
Jahn
|
Yes
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|
Neville T.
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Yes
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Newell
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Yes
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Tate
|
Yes
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Woods
|
Yes
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Holbert
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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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03:48 PM -- SB16-040
Senator Holbert introduced Senate Bill 16-040, concerning marijuana owner changes. The bill modifies the ownership requirements for medical and retail marijuana licenses to allow U.S. citizens who are not Colorado residents to be licensed as owners but requires that a controlling interest of the licensees be Colorado residents. The bill allows for employee profit sharing and payment of commercially reasonable royalties for the use by a licensee of intellectual property without creating an ownership interest. The Marijuana Enforcement Division in the Department of Revenue is authorized to promulgate rules for the parameters of what constitutes a commercially reasonable royalty. Finally, the bill prohibits a publicly traded company from licensure under the Medical and Retail Marijuana Codes. The bill applies to applications made on or after January 1, 2017. Senator Holbert provided amendments L.001, L.002, L.003, L.005, and L.006 (Attachments, E, F, G, H, and I).
160217AttachE.pdf160217AttachF.pdf160217AttachG.pdf160217AttachH.pdf160217AttachI.pdf
04:00 PM -- Shawn Coleman, Terrapin Care Station, spoke in opposition to the bill.
04:09 PM -- Meg Sanders, Mindful, spoke in support of the bill. She responded to questions from the committee.
04:19 PM -- Dean Heizer, Livwell Enlightened Health, spoke in support of the bill. He responded to questions from the committee.
04:27 PM -- Brooke Gehring, Patients Choice/Live Green Cannabis, spoke in support of the bill.
04:32 PM -- Kara Miller, Marijuana Industry Group, spoke in support of the bill.
04:34 PM -- Diane Carlson, Smart Colorado, spoke about the bill. She responded to questions from the committee.
04:41 PM -- Andy Williams, Medicine Man, spoke about the bill.
04:46 PM -- Richard Kwessell, Southern Colorado Growers Association, spoke in support of the bill.
04:48 PM -- Stephanie Hopper, Ballpark Holistic Dispensary and the Colorado Cannabis Chamber of Commerce, spoke in support of the bill.
04:51 PM -- Meg Collins, Good Chemistry, spoke about the bill. She responded to questions from the committee.
05:02 PM -- Ron Kammerzell, Department of Revenue, Marijuana Enforcement Division, spoke about the bill. He responded to questions from the committee.
05:32 PM
The committee continued to discuss possible amendments to the bill with Senator Holbert and Mr. Kammerzell.
05:37 PM -- Dave Maggeo, Cheba Chews, spoke in support of the bill.
05:39 PM -- Dan Anglin, Americana, Colorado Cannabis Chamber of Commerce, spoke in favor of the bill. He responded to questions from the committee.
05:48 PM -- Michael Dohr, Office of Legislative Legal Services, responded to questions from the committee.
| BILL: | SB16-040 | |
| TIME: | 05:51:30 PM | |
| MOVED: | Holbert | |
| MOTION: | Adopt amendment L.003, as amended. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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|
Baumgardner
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Heath
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Hodge
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Jahn
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Neville T.
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Newell
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Tate
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Woods
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|
Holbert
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-040 | |
| TIME: | 05:52:41 PM | |
| MOVED: | Holbert | |
| MOTION: | Adopt amendment to L.003, page 1 line 18 strike "SHALL NOT" and substitute "MAY". Page 2, line 15 strike "SHALL NOT" and substitute "MAY". The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Baumgardner
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Heath
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Hodge
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Jahn
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Neville T.
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Newell
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Tate
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Woods
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|
Holbert
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-040 | |
| TIME: | 05:53:10 PM | |
| MOVED: | Holbert | |
| MOTION: | Adopt amendment L.001, as amended. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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|
Baumgardner
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Heath
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Hodge
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Jahn
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Neville T.
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Newell
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Tate
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Woods
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|
Holbert
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-040 | |
| TIME: | 05:53:34 PM | |
| MOVED: | Holbert | |
| MOTION: | Adopt amendment to L.001 page 1, line 19 after "CORPORATION" insert "THAT IS NOT A PUBLICLY TRADED CORPORATION". Page 2, line 11 after "CORPORATION" insert "THAT IS NOT A PUBLICLY TRADED CORPORATION". The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Baumgardner
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Heath
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Hodge
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Jahn
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Neville T.
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Newell
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Tate
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Woods
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|
Holbert
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-040 | |
| TIME: | 05:54:15 PM | |
| MOVED: | Holbert | |
| MOTION: | Adopt amendment L.002. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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|
Baumgardner
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Heath
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Hodge
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Jahn
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Neville T.
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Newell
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|
Tate
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|
Woods
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|
Holbert
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-040 | |
| TIME: | 05:54:50 PM | |
| MOVED: | Holbert | |
| MOTION: | Adopt amendment L.005. The motion passed on a vote of 8-1. | |
| SECONDED: | ||
|
VOTE
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||
|
Baumgardner
|
Yes
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|
|
Heath
|
Yes
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|
|
Hodge
|
Yes
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|
Jahn
|
Yes
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|
|
Neville T.
|
Yes
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Newell
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No
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|
Tate
|
Yes
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|
Woods
|
Yes
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|
|
Holbert
|
Yes
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YES: 8 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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| BILL: | SB16-040 | |
| TIME: | 06:03:20 PM | |
| MOVED: | Holbert | |
| MOTION: | Adopt amendment L.006. The motion passed without objection. | |
| SECONDED: | ||
|
VOTE
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|
Baumgardner
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Heath
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|
Hodge
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|
Jahn
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Neville T.
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|
Newell
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|
Tate
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|
Woods
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|
Holbert
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-040 | |
| TIME: | 06:04:40 PM | |
| MOVED: | Holbert | |
| MOTION: | Refer Senate Bill 16-040, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-0. | |
| SECONDED: | ||
|
VOTE
|
||
|
Baumgardner
|
Yes
|
|
|
Heath
|
Yes
|
|
|
Hodge
|
Yes
|
|
|
Jahn
|
Yes
|
|
|
Neville T.
|
Yes
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|
Newell
|
Yes
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|
|
Tate
|
Yes
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|
Woods
|
Yes
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|
Holbert
|
Yes
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Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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06:12 PM
The committee adjourned.