H_SA_2017A 04/20/2017 Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS
| Date: | 04/20/2017 |
ATTENDANCE
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| Time: | 12:03 PM to 01:16 PM |
Benavidez
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*
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Hooton
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*
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| Place: | LSB A |
Humphrey
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X
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Leonard
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X
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| This Meeting was called to order by |
Melton
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X
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| Representative Foote |
Weissman
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X
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Williams D.
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*
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| This Report was prepared by |
Lontine
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X
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| Amanda King |
Foote
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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: | ||
| SB17-156 SB17-217 SB17-219 HB17-1259 HCR17-1001 HR17-1007 |
Postponed Indefinitely Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to House Appropriations Postponed Indefinitely Postponed Indefinitely |
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12:03 PM -- SB17-156
Representative Wist and Representative Saine, co-prime bill sponsors, presented Senate Bill 17-156. The bill requires that a homeowners' association (HOA) use mediation or arbitration before a lawsuit can be filed in disputes involving construction defects against a development party. If an HOA had governing documents that required mediation or arbitration at the time of construction, the HOA must adhere to that original policy in construction defect cases.
In addition to submitting to mediation or arbitration before filing a lawsuit, the HOA's executive board must send an advance notice to all unit owners that includes a general description of the claim, the relief sought, and a good-faith estimate of the benefits and risks involved in a format outlined in the bill. The HOA's executive board must obtain signed, written consent from a majority of the unit owners acknowledging that the owner has received the notice required under the bill and approves of the board's proposed action.
Prior to the purchase and sale of property in an HOA, the bill requires that a disclosure notice inform the purchaser that he or she is required to become a member of the HOA, and that the community bylaws may require that certain disputes be resolved by mandatory binding arbitration.
The bill also adds notice requirements for lawsuits initiated by HOAs in matters other than construction defect claims. Specifically, the HOA must provide notice to unit owners at least 30 days prior to commencement of the legal action.
| BILL: | SB17-156 | |
| TIME: | 12:05:37 PM | |
| MOVED: | Foote | |
| MOTION: | Moved to lay over Senate Bill 17-156 until May 12, 2017. The motion has the effect of postponing the bill indefinitely. The motion passed on a vote of 8-0, with one member excused. The motion passed on a vote of 8-0. | |
| SECONDED: | Weissman | |
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VOTE
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Benavidez
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Yes
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Hooton
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Yes
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Humphrey
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Yes
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Leonard
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Yes
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Melton
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Yes
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Weissman
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Yes
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Williams D.
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Excused
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Lontine
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Yes
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Foote
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Yes
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Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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12:06 PM -- SB17-217
Representative Michaelson Jenet, bill sponsor, presented Senate Bill 17-217. Under current law, the Board of Commissioners for Veterans Community Living Centers is scheduled to repeal on July 1, 2017. The bill eliminates the repeal date of the board, continuing it indefinitely.
12:07 PM -- Richard Young, United Veterans Committee of Colorado, testified in support of the bill. Mr. Young answered questions from the committee.
12:09 PM
Representative Michaelson Jenet made concluding remarks about the bill.
| BILL: | SB17-217 | |
| TIME: | 12:09:44 PM | |
| MOVED: | Humphrey | |
| MOTION: | Refer Senate Bill 17-217 to the Committee of the Whole. The motion passed on a vote of 8-0, with one member excused. | |
| SECONDED: | Weissman | |
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VOTE
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Benavidez
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Yes
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Hooton
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Yes
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Humphrey
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Yes
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Leonard
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Yes
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Melton
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Excused
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Weissman
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Yes
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Williams D.
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Yes
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Lontine
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Yes
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Foote
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Yes
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Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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12:10 PM -- SB17-219
Representative Lontine, bill sponsor, presented Senate Bill 17-219. Under current law, the authority to form local advisory boards for veteran community living centers is scheduled to repeal on July 1, 2017. The bill eliminates the repeal date, and continues the boards indefinitely.
| BILL: | SB17-219 | |
| TIME: | 12:11:56 PM | |
| MOVED: | Lontine | |
| MOTION: | Refer Senate Bill 17-219 to the Committee of the Whole. The motion passed on a vote of 7-0, with two members excused. | |
| SECONDED: | Weissman | |
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VOTE
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Benavidez
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Yes
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Hooton
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Yes
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Humphrey
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Yes
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Leonard
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Yes
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Melton
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Excused
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Weissman
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Yes
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Williams D.
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Excused
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Lontine
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Yes
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Foote
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Yes
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Final YES: 7 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS
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12:12 PM -- HB17-1259
Representative Weissman, bill sponsor, reminded the committee of the previous hearing on House Bill 17-1259, concerning a requirement that an independent expenditure committee created by a candidate for public office is subject to constitutional requirements governing limits on contributions to such candidates, which was held on April 5, 2017. He explained amendment L.003 (Attachment A).
17HouseState0420AttachA.pdf
12:18 PM
Representative Weissman answered questions from the committee about amendment L.003.
| BILL: | HB17-1259 | |
| TIME: | 12:17:36 PM | |
| MOVED: | Weissman | |
| MOTION: | Adopt amendment L.003 (Attachment A). The motion passed without objection. | |
| SECONDED: | Lontine | |
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VOTE
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Benavidez
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Hooton
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Humphrey
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Leonard
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Melton
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Weissman
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Williams D.
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Lontine
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Foote
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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12:19 PM
Representative Weissman made concluding remarks about the bill. Committee members made comments about the bill.
| BILL: | HB17-1259 | |
| TIME: | 12:20:22 PM | |
| MOVED: | Weissman | |
| MOTION: | Refer House Bill 17-1259, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-0. | |
| SECONDED: | Melton | |
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VOTE
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|
Benavidez
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Yes
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Hooton
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Yes
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Humphrey
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Yes
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Leonard
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Yes
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Melton
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Yes
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Weissman
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Yes
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Williams D.
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Yes
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Lontine
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Yes
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Foote
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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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12:21 PM -- HCR17-1001
Representative Lundeen, bill sponsor, presented House Concurrent Resolution 17-1001. The concurrent resolution refers a ballot question to voters changing the operations of the state legislature. The referred measure will appear on the ballot for the election to be held November 6, 2018. If approved by voters, the measure will:
• decrease the length of the regular session of the state legislature from 120 days to 90 days in even-numbered years and 60 days in odd-numbered years;
• limit the number of bills and resolutions that a member of the General Assembly may introduce to two bills and two resolutions in any regular legislative session, excluding bills for appropriations and bills recommended by committees;
• allow both chambers of the General Assembly to create a restrictive process to authorize an exemption from the specified bill and resolution limits; and
• implement a biennial state budget cycle beginning in FY 2020-21 and specify the process for considering the general appropriations bill. The process includes the Joint Budget Committee dividing the appropriations bill by subject matter for consideration by the committees of reference in each chamber. Committees may not increase funding for any agency or institution.
Representative Lundeen answered questions from the committee.
12:43 PM
Representative Lundeen provided letters of support from Laura Carno and the Independence Institute (Attachments B and C).
17HouseState0420AttachB.pdf 17HouseState0420AttachC.pdf
12:44 PM
Representative Lundeen explained amendment L.001 (Attachment D).
17HouseState0420AttachD.pdf
| BILL: | HCR17-1001 | |
| TIME: | 12:44:52 PM | |
| MOVED: | Humphrey | |
| MOTION: | Adopt amendment L.001 (Attachment D). The motion passed without objection. | |
| SECONDED: | Williams D. | |
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VOTE
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Benavidez
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Hooton
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Humphrey
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Leonard
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Melton
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Weissman
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Williams D.
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Lontine
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Foote
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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12:45 PM
Representative Lundeen made concluding remarks about the resolution. Committee members made comments about the resolution.
| BILL: | HCR17-1001 | |
| TIME: | 12:52:39 PM | |
| MOVED: | Leonard | |
| MOTION: | Refer HCR17-1001, as amended, to the Committee on Appropriations. The motion failed on a vote of 3-6. | |
| SECONDED: | Humphrey | |
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VOTE
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Benavidez
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No
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Hooton
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No
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Humphrey
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Yes
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Leonard
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Yes
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Melton
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No
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Weissman
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No
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Williams D.
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Yes
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Lontine
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No
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Foote
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No
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YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | HCR17-1001 | |
| TIME: | 12:53:45 PM | |
| MOVED: | Melton | |
| MOTION: | Postpone HCR17-1001 indefinitely. The motion passed on a vote of 6-3. | |
| SECONDED: | Lontine | |
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VOTE
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|
Benavidez
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Yes
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Hooton
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Yes
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Humphrey
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No
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Leonard
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No
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Melton
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Yes
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Weissman
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Yes
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Williams D.
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No
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Lontine
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Yes
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Foote
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Yes
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Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
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12:54 PM -- HR17-1007
Representative McKean, bill sponsor, presented House Resolution 17-1007. The resolution limits the use of an individual's name in legislative measures.
Representative McKean answered questions from the committee.
01:02 PM
Representative Benavidez explained amendment L.001 (Attachment E). Representative McKean made comments about amendment L.001. The committee discussed amendment L.001.
17HouseState0420AttachE.pdf
| BILL: | HR17-1007 | |
| TIME: | 01:07:07 PM | |
| MOVED: | Benavidez | |
| MOTION: | Adopt amendment L.001 (Attachment E). The motion passed on a vote of 6-3. | |
| SECONDED: | Lontine | |
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VOTE
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|
Benavidez
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Yes
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Hooton
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Yes
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Humphrey
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No
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Leonard
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No
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Melton
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Yes
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Weissman
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Yes
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Williams D.
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No
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Lontine
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Yes
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Foote
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Yes
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YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
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01:08 PM
Representative McKean made concluding remarks about the resolution. Committee members made comments about the resolution.
| BILL: | HR17-1007 | |
| TIME: | 01:14:04 PM | |
| MOVED: | Williams D. | |
| MOTION: | Refer HR17-1007, as amended, to the full House. The motion failed on a vote of 2-7. | |
| SECONDED: | Humphrey | |
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VOTE
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|
Benavidez
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No
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Hooton
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No
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Humphrey
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Yes
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Leonard
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No
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Melton
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No
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Weissman
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No
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Williams D.
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Yes
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Lontine
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No
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Foote
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No
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YES: 2 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | HR17-1007 | |
| TIME: | 01:15:34 PM | |
| MOVED: | Melton | |
| MOTION: | Postpone HR17-1007 indefinitely. The motion passed on a vote of 6-3. | |
| SECONDED: | Lontine | |
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VOTE
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|
Benavidez
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Yes
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Hooton
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Yes
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Humphrey
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No
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Leonard
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No
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Melton
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Yes
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Weissman
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Yes
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Williams D.
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No
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Lontine
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Yes
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Foote
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Yes
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Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
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01:16 PM
The committee adjourned.