H_JUD_2016A 05/03/2016 01:34:45 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
| Date: | 05/03/2016 |
ATTENDANCE
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| Time: | 01:34 PM to 10:33 PM |
Carver
|
X
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|
Court
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X
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| Place: | HCR 0112 |
Dore
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*
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|
Foote
|
X
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||
| This Meeting was called to order by |
Lawrence
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X
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| Representative Kagan |
Lundeen
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X
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Melton
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X
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| This Report was prepared by |
Salazar
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X
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| Bo Pogue |
Willett
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X
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Lee
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X
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|
Kagan
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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: | ||
| SB16-146 SB16-150 SB16-189 SB16-169 HB16-1303 |
Referred to Public Health Care & Human Services Referred to Public Health Care & Human Services Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Postponed Indefinitely |
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01:35 PM -- SB16-146
The committee was called to order. A quorum was present. Representative Kagan explained that he would be referring Senate Bill 16-146, concerning modernizing statutes related to sexually transmitted infections, to the Committee on Public Health Care and Human Services.
| BILL: | SB16-146 | |
| TIME: | 01:37:04 PM | |
| MOVED: | Kagan | |
| MOTION: | Refer Senate Bill 16-146 to the Committee on Public Health Care and Human Services. The motion passed on a vote of 9-0. | |
| SECONDED: | ||
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VOTE
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||
|
Carver
|
Yes
|
|
|
Court
|
Yes
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|
|
Dore
|
Excused
|
|
|
Foote
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
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|
|
Melton
|
Yes
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|
|
Salazar
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Excused
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|
|
Willett
|
Yes
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|
|
Lee
|
Yes
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|
|
Kagan
|
Yes
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|
|
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS
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01:38 PM -- SB16-150
| BILL: | SB16-150 | |
| TIME: | 01:38:32 PM | |
| MOVED: | Kagan | |
| MOTION: | Refer Senate Bill 16-150 to the Committee on Public Health Care and Human Services. The motion passed on a vote of 9-0. | |
| SECONDED: | Melton | |
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VOTE
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||
|
Carver
|
Yes
|
|
|
Court
|
Yes
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|
|
Dore
|
Excused
|
|
|
Foote
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
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|
|
Salazar
|
Excused
|
|
|
Willett
|
Yes
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|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
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|
|
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS
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01:39 PM -- SB16-189
Representative Foote, prime sponsor, presented Senate Bill 16-189, concerning the nonsubstantive revision of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, imperfect, and inoperative law to preserve the legislative intent, effect, and meaning of the law. Representative Foote explained the effect of the bill. No one testified regarding SB 16-189.
| BILL: | SB16-189 | |
| TIME: | 01:41:23 PM | |
| MOVED: | Foote | |
| MOTION: | Adopt amendment L.002 (Attachment A). The motion passed without objection. 16HouseJud0503AttachA.pdf |
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| SECONDED: | Melton | |
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VOTE
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|
Carver
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||
|
Court
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||
|
Dore
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Excused
|
|
|
Foote
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||
|
Lawrence
|
||
|
Lundeen
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||
|
Melton
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||
|
Salazar
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||
|
Willett
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||
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Lee
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||
|
Kagan
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||
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
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01:41 PM
| BILL: | SB16-189 | |
| TIME: | 01:41:57 PM | |
| MOVED: | Foote | |
| MOTION: | Adopt amendment L.003 (Attachment B). The motion passed without objection.16HouseJud0503AttachB.pdf |
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| SECONDED: | Melton | |
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VOTE
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|
Carver
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||
|
Court
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||
|
Dore
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Excused
|
|
|
Foote
|
||
|
Lawrence
|
||
|
Lundeen
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||
|
Melton
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||
|
Salazar
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||
|
Willett
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||
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Lee
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||
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Kagan
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||
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:
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01:42 PM
| BILL: | SB16-189 | |
| TIME: | 01:42:47 PM | |
| MOVED: | Foote | |
| MOTION: | Refer Senate Bill 16-189, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Lee | |
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VOTE
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|
Carver
|
Yes
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|
|
Court
|
Yes
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|
|
Dore
|
Yes
|
|
|
Foote
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
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|
|
Salazar
|
Yes
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|
|
Willett
|
Yes
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|
|
Lee
|
Yes
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|
|
Kagan
|
Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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01:44 PM -- SB16-169
Representatives Kraft-Tharp and Landgraf, prime sponsors, presented Senate Bill 16-169, concerning changes related to the seventy-two-hour emergency mental health procedure. Committee members heard testimony on the bill at its April 28 meeting. Representative Kraft-Tharp read a statement supporting the bill. Representative Kraft-Tharp explained the effect of amendment L.041 (Attachment C).
16HouseJud0503AttachC.pdf
| BILL: | SB16-169 | |
| TIME: | 01:52:59 PM | |
| MOVED: | Court | |
| MOTION: | Adopt amendment L.041 (Attachment C). The motion passed without objection. | |
| SECONDED: | Melton | |
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VOTE
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|
Carver
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||
|
Court
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||
|
Dore
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||
|
Foote
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||
|
Lawrence
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||
|
Lundeen
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||
|
Melton
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||
|
Salazar
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||
|
Willett
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||
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Lee
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||
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Kagan
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||
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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02:00 PM
Representative Landgraf explained the effect of amendment L.040 (Attachment D). Discussion ensued regarding a potential separation-of-powers issue with the amendment, as well as other potential issues.
16HouseJud0503AttachD.pdf
02:17 PM
Discussion continued regarding potential issues with amendment L.040. Discussion ensued regarding the potential for conceptually amending the amendment to remove certain language.
| BILL: | SB16-169 | |
| TIME: | 02:23:54 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.040 (Attachment D). The motion failed for lack of a second. | |
| SECONDED: | ||
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VOTE
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Carver
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||
|
Court
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Dore
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||
|
Foote
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||
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Lawrence
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Lundeen
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||
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Melton
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|
Salazar
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Willett
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Lee
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||
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Kagan
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||
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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02:24 PM
Representative Kraft-Tharp explained the effect of amendment L.044 (Attachment E). Discussion ensued regarding the merits of the amendment.
16HouseJud0503AttachE.pdf
| BILL: | SB16-169 | |
| TIME: | 02:25:05 PM | |
| MOVED: | Kagan | |
| MOTION: | Adopt amendment L.044 (Attachment E). The motion failed on a vote of 5-6. | |
| SECONDED: | Court | |
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VOTE
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|
Carver
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No
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Court
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Yes
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Dore
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No
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Foote
|
Yes
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Lawrence
|
Yes
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Lundeen
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No
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Melton
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No
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Salazar
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No
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|
Willett
|
No
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Lee
|
Yes
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|
Kagan
|
Yes
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YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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02:31 PM
Representative Landgraf explained the effect of amendment L.046 (Attachment F). Discussion ensued regarding stakeholder positions on the amendment, and a provision in the amendment concerning the rulemaking authority of the Department of Human Services.
16HouseJud0503AttachF.pdf
| BILL: | SB16-169 | |
| TIME: | 02:46:03 PM | |
| MOVED: | Court | |
| MOTION: | Adopt amendment L.046 (Attachment F). The motion passed on a vote of 9-2. | |
| SECONDED: | Lawrence | |
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VOTE
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||
|
Carver
|
Yes
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|
|
Court
|
Yes
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|
|
Dore
|
Yes
|
|
|
Foote
|
Yes
|
|
|
Lawrence
|
Yes
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|
|
Lundeen
|
Yes
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|
|
Melton
|
Yes
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|
Salazar
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No
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|
Willett
|
Yes
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|
Lee
|
Yes
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Kagan
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No
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YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:47 PM
Representative Salazar explained the effect of amendment L.042 (Attachment G). Discussion ensued regarding the effect, merits, and fiscal impact of the amendment. Ms. Jane Ritter, Office of Legislative Legal Services, provided input on the impact of passing the amendment. Discussion followed regarding stakeholder positions on the amendment.
16HouseJud0503AttachG.pdf
03:08 PM
Discussion continued regarding the merits of amendment L.042. Discussion returned to the fiscal impact of amendment L.042, and the effect of the amendment.
| BILL: | SB16-169 | |
| TIME: | 02:48:31 PM | |
| MOVED: | Salazar | |
| MOTION: | Adopt amendment L.042 (Attachment G). The motion failed on a vote of 2-8. | |
| SECONDED: | Melton | |
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VOTE
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|
Carver
|
No
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Court
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No
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|
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Dore
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No
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|
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Foote
|
No
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Lawrence
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No
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Lundeen
|
No
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|
|
Melton
|
Yes
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|
|
Salazar
|
Yes
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|
|
Willett
|
No
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|
Lee
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Excused
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|
Kagan
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No
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YES: 2 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL
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03:19 PM
Discussion ensued regarding the potential for including certain due process requirements within the scope of SB 16-169. Representative Landgraf provided closing remarks in support of the bill, and various committee members provided their positions on the bill.
| BILL: | SB16-169 | |
| TIME: | 03:24:52 PM | |
| MOVED: | Court | |
| MOTION: | Refer Senate Bill 16-169, as amended, to the Committee of the Whole. The motion passed on a vote of 9-2. | |
| SECONDED: | Lawrence | |
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VOTE
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|
Carver
|
Yes
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|
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Court
|
Yes
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|
|
Dore
|
Yes
|
|
|
Foote
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
No
|
|
|
Salazar
|
No
|
|
|
Willett
|
Yes
|
|
|
Lee
|
Yes
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|
|
Kagan
|
Yes
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Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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03:43 PM -- HB16-1303
The committee recessed.
03:59 PM
The committee returned to order. Representative Landgraf, prime sponsor, presented House Bill 16-1303, concerning prohibiting a regional transportation authority from levying sales tax on vacant land annexed by a nonmember jurisdiction. Representative Landgraf explained the effect of the bill and discussed its need. Representative Landgraf responded to questions regarding a recent annexation by the City of Fountain, and other annexations that may be analogous to the situation that initiated HB 16-1303. Discussion ensued regarding annexations by the City of Fountain.
04:18 PM
Representative Landgraf responded to questions regarding a potential fact pattern involving a reduction in tax collections by a municipal government, and the applicability of the bill to certain types of land parcels. Representative Landgraf responded to further questions regarding the parties to a lawsuit involving properties annexed by Fountain. The following persons testified regarding HB 16-1303:
04:27 PM -- Mr. Peter Forbes, representing the Pikes Peak Regional Transportation Authority, testified in opposition to the bill. Mr. Forbes provided an update on the previously referenced lawsuit, and outlined how regional transportation authority laws apply to the case. Mr. Forbes responded to questions regarding the intrusion issue contained in the Fountain lawsuit, as well as the concept of disconnection in annexations.
04:41 PM
Mr. Forbes responded to questions regarding a number of annexation-related court cases, and certain expressions made about the City of Fountain annexation case. Mr. Forbes responded to further questions regarding the level of taxation levied on those shopping at the property that is the subject of the Fountain case. Discussion ensued regarding infrastructure improvements that may benefit the properties that are party to the Fountain case. Committee members received a packet of background information on the Fountain case (Attachment H), and an additional map of the subject property (Attachment I).
16HouseJud0503AttachH.pdf Attachment I can be viewed at Legislative Council.
04:57 PM
Discussion ensued regarding infrastructure improvements made to the property shown in Attachment I. Mr. Forbes responded to questions regarding how taxes collected by the Pikes Peak Regional Transportation Authority are allocated.
05:02 PM -- Ms. Sallie Clark, representing El Paso County and Colorado Counties, Inc., testified in opposition to the bill. Committee members received a report on Pike's Peak Regional Transportation Authority projects (Attachment J), and an additional map (Attachment K). Ms. Clark provided background on the Pikes Peak Transportation Authority, and the property subject to the Fountain lawsuit. Discussion ensued regarding the process by which the subject property came to be annexed. Ms. Clark responded to questions regarding planned uses for the subject property.
Attachment J can be viewed at Legislative Council.
Attachment K can be viewed at Legislative Council.
05:15 PM
Ms. Clark responded to questions regarding how HB 16-1303 might affect certain outlying communities in El Paso County, and certain improvements made to the property annexed by Fountain. Ms. Clark responded to further questions regarding the benefits to property owners of being annexed into a municipality.
05:20 PM -- Mr. Scott Trainor, representing the City of Fountain, testified in support of the bill. Mr. Trainor provided background on how the previously discussed property came to be annexed, and addressed issues raised during earlier testimony. Mr. Trainor explained the purpose of HB 16-1303. Mr. Trainor responded to questions regarding the financial ramifications of the annexation, and what entity has made infrastructure improvements to the property.
05:31 PM
The committee recessed.
10:10 PM
The committee returned to order.
10:11 PM -- Mr. Tony Gagliardi, representing the National Federation of Independent Business, testified in support of HB 16-1303. Mr. Gagliardi discussed situations of double taxation. Mr. Gagliardi responded to questions regarding the trickling down to consumers of taxes levied on businesses.
10:17 PM
Representative Lawrence explained the effect of amendment l.008 (Attachment L). Discussion ensued regarding the merits of the amendment.
16HouseJud0503AttachL.pdf
| BILL: | HB16-1303 | |
| TIME: | 10:18:33 PM | |
| MOVED: | Lawrence | |
| MOTION: | Adopt amendment L.008 (Attachment L). The motion failed on a vote of 5-6. | |
| SECONDED: | Melton | |
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VOTE
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|
Carver
|
No
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|
|
Court
|
No
|
|
|
Dore
|
Yes
|
|
|
Foote
|
No
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
No
|
|
|
Willett
|
Yes
|
|
|
Lee
|
No
|
|
|
Kagan
|
No
|
|
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YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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10:21 PM
Representative Landgraf provided closing remarks in support of HB 16-1303. Various committee members provided their positions on the bill. Representative Landgraf discussed the process by which the bill matriculated through the legislative process.
| BILL: | HB16-1303 | |
| TIME: | 10:21:32 PM | |
| MOVED: | Lawrence | |
| MOTION: | Refer House Bill 16-1303 to the Committee of the Whole. The motion failed on a vote of 5-6. | |
| SECONDED: | Lundeen | |
|
VOTE
|
||
|
Carver
|
No
|
|
|
Court
|
No
|
|
|
Dore
|
Yes
|
|
|
Foote
|
No
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
No
|
|
|
Willett
|
Yes
|
|
|
Lee
|
No
|
|
|
Kagan
|
No
|
|
|
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | HB16-1303 | |
| TIME: | 10:32:15 PM | |
| MOVED: | Lee | |
| MOTION: | Postpone House Bill 16-1303 indefinitely. The motion passed on a vote of 7-4. | |
| SECONDED: | Salazar | |
|
VOTE
|
||
|
Carver
|
Yes
|
|
|
Court
|
Yes
|
|
|
Dore
|
No
|
|
|
Foote
|
Yes
|
|
|
Lawrence
|
No
|
|
|
Lundeen
|
No
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
No
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
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||
10:33 PM
The committee adjourned.