S_JUD_2016A 02/17/2016 01:30:08 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
| Date: | 02/17/2016 |
ATTENDANCE
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| Time: | 01:30 PM to 04:11 PM |
Aguilar
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X
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Cooke
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X
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| Place: | LSB B |
Merrifield
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X
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Lundberg
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*
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| This Meeting was called to order by |
Roberts
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X
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| Senator Roberts | |||
| This Report was prepared by | |||
| Conrad Imel | |||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| SB16-047 SB16-065 SB16-048 SB16-110 SB16-042 |
Postponed Indefinitely Amended, Referred to Appropriations Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole - Consent Calendar Postponed Indefinitely |
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01:30 PM -- SB16-047
Senator Roberts, chair, called the committee to order. A quorum was present. Senator Woods, sponsor, presented Senate Bill 16-047, concerning prohibiting juvenile facilities from providing care for a juvenile who is truant. Senator Woods asked that the committee hear testimony on the bill, and then postpone indefinitely SB 16-047 following the hearing.
01:32 PM -- Senator Holbert, co-sponsor, explained his reasons for co-sponsoring the bill and sponsoring a similar bill during the 2015 legislative session.
01:36 PM -- Ms. Hannah Proff, representing the Colorado Juvenile Defender Center, testified in support of the bill. Ms. Proff provided information concerning truancy and how it relates to students dropping out of school.
01:42 PM -- Mr. Justin Cooper, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Mr. Cooper suggested that schools should adopt evidence based practices to reduce truant behavior. He also discussed procedures concerning detaining truant juveniles. Mr. Cooper responded to questions regarding services that may be affected by the bill.
01:48 PM -- Ms. Regan Benson, representing the Every Student Matters Project, testified in support of the bill. Ms. Benson discussed issues relating to detaining truant students, the effects of prior legislation on this subject, and her work following the passage of legislation during the 2015 legislative session.
01:52 PM -- Ms. Jane Whatley, representing herself, testified in support of the bill. Ms. Whatley discussed her experience with her son in the truancy detention system.
01:55 PM -- Ms. Marijo Rymer, representing The ARC of Colorado, testified in support of the bill. Ms. Rymer discussed how juveniles with developmental and intellectual disabilities are treated under the existing system.
01:57 PM -- Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill. Mr. Johnson discussed his experience as a sheriff detaining truant students.
02:00 PM -- Colorado Supreme Court Justice Brian Boatright, representing the Colorado Judicial Branch, provided testimony on the bill. Justice Boatright discussed related legislation passed during the 2015 legislative session, and provided an update on initiatives taken by the Judicial Branch following enactment of that legislation. Justice Boatright responded to questions regarding the membership of stakeholder groups created following prior legislation; truancy, generally; and why certain state departments are not involved in determining policy. In response to a question, Justice Boatright discussed potential alternatives to detention.
02:10 PM -- Mr. Loren Brown, representing the Colorado Bar Association, testified in opposition to the bill. Mr. Brown discussed constitutional concerns regarding the bill.
02:14 PM
Senator Woods provided closing remarks on the bill.
| BILL: | SB16-047 | |
| TIME: | 02:15:32 PM | |
| MOVED: | Lundberg | |
| MOTION: | Postpone Senate Bill 16-047 indefinitely. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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Yes
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Merrifield
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Yes
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Lundberg
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Yes
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Roberts
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Yes
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Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:16 PM -- SB16-065
Senator Roberts announced that the committee would consider, for action only, Senate Bill 16-065, concerning criminal restitution. Senator Steadman, sponsor, distributed and explained Amendments L.009 (Attachment A) and L.010 (Attachment B).
16SenateJud0217AttachA.pdf 16SenateJud0217AttachB.pdf
| BILL: | SB16-065 | |
| TIME: | 02:23:09 PM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt amendment L.009 (Attachment A). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-065 | |
| TIME: | 02:23:51 PM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt amendment L.010 (Attachment B). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-065 | |
| TIME: | 02:24:05 PM | |
| MOVED: | Aguilar | |
| MOTION: | Refer Senate Bill 16-065, as amended, to the Committee on Appropriations. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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Yes
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Merrifield
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Yes
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Lundberg
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No
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Roberts
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Yes
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Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:24 PM -- SB16-048
Senator Marble, sponsor, presented Senate Bill 16-048, concerning requiring federal regulatory agencies to provide notice before using special units to conduct operations within the state. Senator Marble explained actions covered by the bill and how the bill affects federal law enforcement actions.
02:27 PM -- Sergeant Bobby Juchem, representing the Colorado State Patrol, testified in opposition to the bill. Sgt. Juchem stated that the bill exempts federal agencies that would conduct special operations, and expressed concerns regarding state authority. Senator Lundberg and Sgt. Juchem discussed federal agencies that would be subject to the bill, including which federal agencies have tactical units.
02:37 PM
Senator Lundberg and Sgt. Juchem continued to discuss federal agencies that have tactical units. Sgt. Juchem responded to questions regarding the notice requirements in the bill. Senator Marble responded to Sgt. Juchem's testimony.
02:43 PM -- Mr. Shawn Coleman, representing 36 Solutions, testified in support of the bill. Mr. Coleman discussed concerns addressed by the bill relating to marijuana cultivation. The committee, Senator Marble, and Mr. Coleman discussed issues relating to marijuana.
02:51 PM
Senator Marble provided closing remarks on the bill. Senator Lundberg explained information relating to federal agencies.
| BILL: | SB16-048 | |
| TIME: | 02:55:12 PM | |
| MOVED: | Lundberg | |
| MOTION: | Refer Senate Bill 16-048 to the Committee of the Whole. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
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VOTE
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Aguilar
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No
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Cooke
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Yes
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Merrifield
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Yes
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Lundberg
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Yes
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Roberts
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Yes
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Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:55 PM -- SB16-110
Senator Woods, sponsor, presented Senate Bill 16-110, concerning protecting the privacy of child victims when releasing criminal justice records. Senator Woods distributed Amendments L.001 (Attachment C), L.003 (Attachment D), and L.004 (Attachment E).
16SenateJud0217AttachC.pdf 16SenateJud0217AttachD.pdf
16SenateJud0217AttachE.pdf
02:58 PM -- Ms. Melody Mirbaba, representing the Colorado Attorney General's Office, testified in support of the bill. Ms. Mirbaba listed the organizations that support the bill. She discussed reasons that the bill is beneficial and explained the amendments distributed by Senator Woods.
03:06 PM
The committee recessed.
03:15 PM
The committee returned to order.
| BILL: | SB16-110 | |
| TIME: | 03:16:14 PM | |
| MOVED: | Cooke | |
| MOTION: | Adopt amendment L.001 (Attachment C). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-110 | |
| TIME: | 03:16:37 PM | |
| MOVED: | Cooke | |
| MOTION: | Adopt amendment L.003 (Attachment D). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-110 | |
| TIME: | 03:16:55 PM | |
| MOVED: | Cooke | |
| MOTION: | Adopt amendment L.004 (Attachment E). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-110 | |
| TIME: | 03:17:12 PM | |
| MOVED: | Cooke | |
| MOTION: | Refer Senate Bill 16-110, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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Yes
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Merrifield
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Yes
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Lundberg
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Yes
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Roberts
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Yes
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Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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03:18 PM -- SB16-042
Senator Aguilar, sponsor, presented Senate Bill 16-042, concerning conditional immunity from certain offenses. Senator Aguilar distributed and explained Amendments L.001 (Attachment F), L.003 (Attachment G), L.004 (Attachment H), and L.005 (Attachment I).
16SenateJud0217AttachF.pdf 16SenateJud0217AttachG.pdf
16SenateJud0217AttachH.pdf 16SenateJud0217AttachI.pdf
03:23 PM -- Ms. Helen Alvillar, representing herself, testified in support of the bill. Ms. Alvillar discussed her experience with her son's death.
03:26 PM -- Ms. Sarah Clark, representing Smart Colorado, testified in support of the bill. Ms. Clark discussed how marijuana may affect youths.
03:30 PM -- Ms. Alison Maffey, representing the Colorado Department of Public Health and Environment, testified in support of the bill. Ms. Maffey provided information on drug-related deaths, and stated that the bill would reduce drug-related teen deaths. Senator Aguilar explained a provision of the bill.
03:33 PM -- Ms. Lisa Raville, representing the Harm Reduction Action Center and Colorado Organizations Responding to AIDS, testified in support of the bill. Ms. Raville explained her experience working with those experiencing a drug overdose.
03:35 PM -- Mr. Vernon Lewis, representing the Harm Reduction Action Center, testified in support of the bill. Mr. Lewis explained reasons that people do not call 911 when an individual is experiencing an overdose, and discussed his experience assisting others.
03:37 PM -- Ms. Carol Helwig, representing Boulder County Public Health, testified in support of the bill. Ms. Helwig discussed the experience of those who need help during an overdose. She provided information on deaths caused by overdose.
03:40 PM -- Ms. Dana Richkin, representing herself, testified in support of the bill. Ms. Richkin discussed her experience with her son's opioid overdose. Ms. Richkin responded to a question relating to educating the public about immunity laws.
03:43 PM -- Mr. Ron Sloan, representing the Colorado Association of Chiefs of Police (CACP), testified on the bill. Mr. Sloan stated that CACP had not reviewed the amendments, and expressed specific concerns regarding the bill.
03:48 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified on the bill. Mr. Raynes discussed prior legislation concerning similar subjects and explained his concerns regarding the bill. In response to a question, Mr. Raynes discussed procedures used by law enforcement and factors considered when determining whether to press charges relating to drug overdoses.
03:58 PM
The committee and Mr. Raynes continued to discuss law enforcement actions and related prosecution.
04:01 PM -- Mr. Jeff Thormodsgaard, representing the Colorado Academy of Family Physicians, the Colorado Medical Society, AIDS service organizations in Colorado, and the Harm Reduction Action Center, testified in support of the bill. He discussed best practices related to handling opioid addiction and expressed a willingness to work on the bill.
04:03 PM
Senator Aguilar provided closing remarks on the bill. Committee members explained their positions on the bill.
| BILL: | SB16-042 | |
| TIME: | 04:09:27 PM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt amendment L.001 (Attachment F). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-042 | |
| TIME: | 04:10:05 PM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt amendment L.003 (Attachment G). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-042 | |
| TIME: | 04:10:16 PM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt amendment L.004 (Attachment H). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-042 | |
| TIME: | 04:10:35 PM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt amendment L.005 (Attachment I). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-042 | |
| TIME: | 04:10:46 PM | |
| MOVED: | Aguilar | |
| MOTION: | Refer Senate Bill 16-042, as amended, to the Committee of the Whole. The motion failed on a vote of 2-3. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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No
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Merrifield
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Yes
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Lundberg
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No
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Roberts
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No
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YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | SB16-042 | |
| TIME: | 04:11:10 PM | |
| MOVED: | Lundberg | |
| MOTION: | Postpone Senate Bill 16-042 indefinitely. The motion passed on a vote of 3-1. | |
| SECONDED: | ||
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VOTE
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|
Aguilar
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No
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Cooke
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Yes
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Merrifield
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Excused
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Lundberg
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Yes
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Roberts
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Yes
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Final YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS
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04:11 PM
The committee adjourned.