S_HHS_2017A 02/09/2017 Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
| Date: | 02/09/2017 |
ATTENDANCE
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| Time: | 01:32 PM to 06:25 PM |
Aguilar
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X
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Crowder
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X
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| Place: | LSB B |
Kefalas
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X
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Martinez Humenik
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X
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| This Meeting was called to order by |
Smallwood
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X
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| Senator Smallwood | |||
| This Report was prepared by | |||
| Elizabeth Haskell | |||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| SB17-084 HB17-1060 SB17-004 SB17-106 |
Postponed Indefinitely Referred to the Committee of the Whole - Consent Calendar Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole |
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01:32 PM -- SB 17-084
Senator Jahn, bill sponsor, presented Senate Bill 17-084. The bill prohibits a health insurer in the individual and small group markets from excluding or limiting coverage for a drug for an individual if:
- the drug was covered at the time the individual enrolled in the health plan;
- a health care provider continues to prescribe the drug for the individual; and
- the drug is safe and effective, as determined by the prescribing health care provider.
In addition, a health insurer cannot increase a covered individual's copayment, coinsurance, or deductible for prescription drug benefits during the plan year or set limitations on maximum coverage for prescription drugs. If a health insurer uses a tiered formulary, it cannot move drugs to a disadvantaged tier if the three conditions listed above are met.
01:43 PM -- Dr. Robert Gross, University of Colorado School of Medicine, testified in support of the bill. Dr. Gross responded to questions from committee.
01:58 PM
Committee discussion and questions continued.
01:59 PM -- Charlie Sheffield, Colorado Association of Health Plans, testified in opposition to the bill.
02:05 PM -- Rachel Lee, CVS Health, testified in opposition to the bill. Ms. Lee responded to questions.
02:13 PM -- Patrick Boyle, Express Scripts, testified in opposition to the bill.
02:19 PM -- Denese Clark, Kaiser Permanente, testified in opposition to the bill. Ms. Clark responded to questions from the committee.
02:28 PM -- Marc Reese, Aetna Health Insurance, testified in opposition to the bill. Mr. Reese responded to questions from the committee.
02:37 PM -- Virginia Morrison Love, America's Health Insurance Plans, testified in opposition to the bill. Ms. Morrison Love responded to questions from the committee.
02:48 PM -- Dr. Lynn Parry, Colorado Medical Society, testified in support of the bill. Dr. Perry responded to questions from the committee.
02:53 PM -- R.J. Ours, American Cancer Society, testified in support of the bill. Mr. Ours responded to questions from the committee.
02:58 PM -- Sharon O'Hara, National Multiple Sclerosis Society Colorado-Wyoming Chapter, testified in support of the bill.
03:07 PM -- Mr. Sheffield returned to the table and responded to committee questions.
03:09 PM -- Diane Robinson, Colorado Senior Lobby, testified in support of the bill. Ms. Robinson responded to questions from the committee.
03:15 PM
The committee recessed.
03:29 PM
The committee reconvened. Senator Jahn made closing comments.
03:35 PM
Committee members commented on the bill. Amendments L.004 (Attachment A), L.005 (Attachment B), and L.006 (Attachment C) were distributed to the committee.
170209 AttachA.pdf170209 AttachB.pdf170209 AttachC.pdf
| BILL: | SB17-084 | |
| TIME: | 03:49:04 PM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt amendment L.004 (Attachment A). The Chair ruled that this amendment does not fit under the title of the bill. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Crowder
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Kefalas
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Martinez Humenik
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Smallwood
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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| BILL: | SB17-084 | |
| TIME: | 03:51:00 PM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt amendment L.005 (Attachment B). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Crowder
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Kefalas
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Martinez Humenik
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Smallwood
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB17-084 | |
| TIME: | 03:51:40 PM | |
| MOVED: | Martinez Humenik | |
| MOTION: | Adopt amendment L.006 (Attachment C). 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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Crowder
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No
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Kefalas
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Yes
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Martinez Humenik
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Yes
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Smallwood
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Yes
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YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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| BILL: | SB17-084 | |
| TIME: | 03:53:36 PM | |
| MOVED: | Aguilar | |
| MOTION: | Refer Senate Bill 17-084, as amended, to the Committee on Appropriations. 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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Crowder
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No
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Kefalas
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No
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Martinez Humenik
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No
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Smallwood
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Yes
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YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | SB17-084 | |
| TIME: | 03:54:55 PM | |
| MOVED: | Aguilar | |
| MOTION: | Postpone Senate Bill 17-084 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Crowder
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Kefalas
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Martinez Humenik
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Smallwood
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Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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| BILL: | SB17-084 | |
| TIME: | 03:57:01 PM | |
| MOVED: | Crowder | |
| MOTION: | Reconsider the previous motion. 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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Crowder
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Yes
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Kefalas
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No
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Martinez Humenik
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No
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Smallwood
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No
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YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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04:02 PM -- HB 17-1060
Senator Tate, bill sponsor, presented House Bill 17-1060. The bill, recommended by the Statutory Revision Committee, repeals various reporting requirements for the Department of Health Care Policy and Financing (HCPF) that are scheduled for repeal, and adds a repeal date for statutes that are scheduled for repeal. Additionally, it indefinitely continues the following reporting requirements that were scheduled for repeal:
- a written report submitted by January 15 each year to various committees of the General Assembly regarding fraudulent receipt of Medicaid benefits;
- a report submitted by February 1 each year to the Health and Human Services Committees of the General Assembly concerning the status of the medically indigent program;
- a report submitted by November 1 each year to various committees on the Colorado Dental Health Care Program for Low-Income Seniors;
- a report submitted by November 1 each year to the Joint Budget Committee, as well as other relevant stakeholders, containing the department's recommendations on Medicaid provider rates; and
- a report submitted by November 1 each year to the Health and Human Services Committees of the General Assembly on the total number of persons with intellectual or developmental disabilities (IDD) who are waiting for enrollment into a home- and community-based program, or other program, as well as a strategic plan to enroll eligible people with IDD to home- and community-based services and programs.
BILL: HB17-1060 TIME: 04:04:03 PM MOVED: Aguilar MOTION: Refer House Bill 17-1060 to the Committee of the Whole with a recommendation for placement on the consent calendar. The motion passed on a vote of 5-0. SECONDED: VOTEAguilarYesCrowderYesKefalasYesMartinez HumenikYesSmallwoodYesFinal YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
04:05 PM -- SB 17-004
Senator Tate, bill sponsor, presented Senate Bill 17-004. Under this bill, a Medicaid client is liable for the cost of the medical services provided by a non-enrolled health care provider, even in cases where the service is reimbursable under Medicaid, if the client and nonenrolled medical provider enter into a written contract that outlines:
• the specific medical services provided;
• the customary costs for the services provided;
• the cost of services to the recipient; and
• the terms of payment.
The agreement between the client and medical provider must also include a statement that informs the recipient that they would not be liable for the cost of reimbursable medical services if the services are obtained from an enrolled Medicaid provider.
04:11 PM -- Marijo Rymer, The Arc of Colorado, testified in opposition to the bill.
04:14 PM -- Bethany Pray, Colorado Center on Law and Policy, testified in opposition of the bill.
04:20 PM -- Gretchen Hammer, Colorado Department of Health Care Policy and Financing, testified in opposition to the bill. Ms. Hammer responded to questions from the committee.
04:29 PM -- Jennifer Goodrum, Colorado Dental Association, testified in support of the bill. Ms. Goodrum responded to questions from the committee.
04:39 PM -- Cindy Sovine-Miller, representing herself, testified in support of the bill.
04:43 PM -- Richard Sokol, Colorado Access to Healthcare, testified in support of the bill. Mr. Sokol responded to questions for the committee.
| BILL: | SB17-004 | |
| TIME: | 04:53:45 PM | |
| MOVED: | Crowder | |
| MOTION: | Refer Senate Bill 17-004 to the Committee of the Whole. The motion passed on a vote of 3-2. | |
| SECONDED: | ||
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VOTE
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Aguilar
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No
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Crowder
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Yes
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Kefalas
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No
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Martinez Humenik
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Yes
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Smallwood
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Yes
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Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:54 PM
The committee recessed.
05:04 PM -- SB 17-106
The meeting reconvened.
Senators Aguilar and Coram, co-prime bill sponsors, presented Senate Bill 17-106. The bill continues the registration of naturopathic doctors from September 1, 2017, when the program is set to expire, to September 1, 2022, and implements recommendations of the Department of Regulatory Agencies (DORA) sunset review. These recommendations include:
- requiring insurers to report malpractice settlements or judgments against naturopathic doctors to the director of the Division of Professions and Occupations;
- requiring naturopathic doctors to report child abuse or neglect;
- requiring naturopathic doctors to report abuse or exploitation of anyone who is elderly or intellectually or developmentally disabled;
- clarifying that the naturopathic formulary includes specified prescription medications and devices; and
- amending the name of the homeopathic pharmacopoeia to "Homeopathic Pharmacopoeia Revision Service."
05:06 PM -- Maureen Maker, Colorado Citizens for Science in Medicine, testified in opposition to the bill.
05:11 PM -- Larry Sarner, Colorado Citizens for Science in Medicine, testified in opposition to the bill.
05:17 PM -- Linda Rosa, Advocates for Children in Therapy, testified in opposition to the bill and provided a handout to the committee (Attachment D). Ms. Rosa responded to questions from the committee.
170209 AttachD.pdf
05:22 PM -- Donna Walter, representing herself and the Colorado Association for Naturopathic Medicine, testified in opposition to the bill. Ms. Walter responded to the questions from the committee.
05:27 PM -- Dr. Gina Moore, Colorado Pharmacists Society, testified in support of the bill.
05:31 PM -- Dr. Mark Johnson, Colorado Medical Society, testified in support of the bill.
05:35 PM -- Dr. Tamaan Osbourne-Roberts, the Colorado Academy of Family Physicians, testified in support of the bill.
05:38 PM -- Dr. Mark Carney, Colorado Association of Naturopathic Doctors, testified in support of the bill.
05:42 PM -- Dr. Shawna Kiker, Colorado Association of Naturopathic Doctors, testified in support of the bill. Dr. Carney and Dr. Kiker responded to questions from the committee.
05:50 PM
Senator Coram made closing comments. Senator Aguilar made closing comments.
05:57 PM -- Vivienne Belmont, Colorado Office of Policy, Research, and Regulatory Reform, responded to questions from the committee.
06:07 PM
Committee discussion and questions continued.
06:16 PM
Senator Aguilar distributed amendments L.001 (Attachment E) and L.002 (Attachment F) and asked that amendment L.001 be severed into three parts:
170209 AttachE.pdf170209 AttachF.pdf
- severed section A - lines one through six of amendment L.001.
- severer section B - lines seven through 19 of amendment L.001.
- severed section C - lines 20 through 27 of amendment L.001.
BILL: SB17-106 TIME: 06:18:29 PM MOVED: Aguilar MOTION: Adopt severed section B of amendment L.001 (Attachment E), lines seven through 19. The motion failed on a vote of 2-3. SECONDED: VOTEAguilarYesCrowderNoKefalasYesMartinez HumenikNoSmallwoodNoYES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
| BILL: | SB17-106 | |
| TIME: | 06:21:49 PM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt severed section C of amendment L001 (Attachment F), lines 20 through 27. The motion failed on a vote of 1-4. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Crowder
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No
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Kefalas
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No
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Martinez Humenik
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No
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Smallwood
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No
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YES: 1 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | SB17-106 | |
| TIME: | 06:22:44 PM | |
| MOVED: | Kefalas | |
| MOTION: | Adopt amendment L.002 (Attachment F). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Crowder
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Kefalas
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Martinez Humenik
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Smallwood
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB17-106 | |
| TIME: | 06:23:26 PM | |
| MOVED: | Smallwood | |
| MOTION: | Adopt severed section A of amendment L.001 (Attachment E), lines 20 through 27. The motion passed on a vote of 3-2. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Crowder
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No
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Kefalas
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No
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Martinez Humenik
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Yes
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Smallwood
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Yes
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YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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| BILL: | SB17-106 | |
| TIME: | 06:24:53 PM | |
| MOVED: | Aguilar | |
| MOTION: | Refer Senate Bill 17-106, as amended, to the Committee of the Whole. 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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Crowder
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Yes
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Kefalas
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Yes
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Martinez Humenik
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Yes
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Smallwood
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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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6:25 PM
The meeting adjourned.