H_JUD_2016A 04/14/2016 01:38:25 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
| Date: | 04/14/2016 |
ATTENDANCE
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| Time: | 01:38 PM to 02:50 PM |
Carver
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X
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Court
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X
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| Place: | HCR 0112 |
Dore
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X
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Foote
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X
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| This Meeting was called to order by |
Lawrence
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*
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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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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| HB16-1348 HB16-1021 HB16-1359 SB16-153 |
Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole |
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01:39 PM -- HB16-1348
The committee was called to order. A quorum was present. Representative Ryden, prime sponsor, presented House Bill 16-1348, concerning a specific crime of cruelty to law enforcement service animals. The committee heard testimony on the bill at its April 5 meeting. Representative Ryden explained the effect of amendment L.002 (Attachment A), a strike-below amendment. Discussion ensued regarding a potential conceptual amendment to amendment L.002. Discussion followed regarding the definition of "service animal" in amendment L.002, as compared to definitions of this term in existing statute.
16HouseJud0414AttachA.pdf
| BILL: | HB16-1348 | |
| TIME: | 01:42:32 PM | |
| MOVED: | Salazar | |
| MOTION: | Adopt amendment L.002 (Attachment A), as conceptually amended. The motion passed without objection. | |
| SECONDED: | Court | |
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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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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB16-1348 | |
| TIME: | 01:43:46 PM | |
| MOVED: | Kagan | |
| MOTION: | Conceptually amend amendment L.002, page 2, line 40, before "disabled", insert "permanently". The motion passed without objection. | |
| SECONDED: | Court | |
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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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Excused
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Lundeen
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Melton
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Salazar
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Willett
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Lee
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Kagan
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
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01:48 PM
Representative Ryden provided closing remarks is support of HB 16-1348. Various committee members provided their positions on the bill.
| BILL: | HB16-1348 | |
| TIME: | 01:50:30 PM | |
| MOVED: | Melton | |
| MOTION: | Refer House Bill 16-1348, as amended, to the Committee of the Whole. The motion passed on a vote of 8-3. | |
| SECONDED: | Foote | |
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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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Yes
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Foote
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Yes
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Lawrence
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No
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Lundeen
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Yes
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Melton
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Yes
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Salazar
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Yes
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Willett
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No
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Lee
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Yes
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Kagan
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Yes
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Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
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01:53 PM -- HB16-1021
Representative Salazar, prime sponsor, presented House Bill 16-1021, concerning providing the opportunity to collect identifying information from applicants for state-issued cards. Representative Salazar explained the effect of the bill and discussed its need. Representative Salazar explained the effect of amendment L.001 (Attachment B). Discussion ensued regarding the position of certain members of the interim Profiling-Initiated Contacts with Law Enforcement (PICLE) Committee on the amendment. No one testified regarding HB 16-1021. Representative Salazar responded to questions regarding how information collected under HB 16-1021 will be used, and the potential for the information to be accessed under the Colorado Open Records Act.
16HouseJud0414AttachB.pdf
| BILL: | HB16-1021 | |
| TIME: | 01:57:58 PM | |
| MOVED: | Salazar | |
| MOTION: | Adopt amendment L.001 (Attachment B). The motion passed on a vote of 6-5. | |
| SECONDED: | Melton | |
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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
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Yes
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Lawrence
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No
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Lundeen
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No
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Melton
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Yes
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Salazar
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Yes
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Willett
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No
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Lee
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Yes
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Kagan
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Yes
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YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:03 PM
Discussion ensued regarding debate surrounding HB 16-1021 during the interim PICLE Committee. Discussion followed regarding the fiscal impact of the bill in light of the passage of amendment L.001.
| BILL: | HB16-1021 | |
| TIME: | 02:07:37 PM | |
| MOVED: | Salazar | |
| MOTION: | Refer House Bill 16-1021, as amended, to the Committee of the Whole. The motion passed on a vote of 5-4. | |
| SECONDED: | Melton | |
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VOTE
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Carver
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No
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Court
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Excused
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Dore
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Excused
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Foote
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Yes
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Lawrence
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No
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Lundeen
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No
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Melton
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Yes
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Salazar
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Yes
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Willett
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No
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Lee
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Yes
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Kagan
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Yes
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Final YES: 5 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: PASS
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02:08 PM -- HB16-1359
Representative Salazar, prime sponsor, presented House Bill 16-1359, concerning the use of medical marijuana while on probation. Representative Salazar explained the effect of the bill and discussed its need. Representative Salazar also explained the effect of amendment L.002 (Attachment C). Discussion ensued regarding the ability of a court to preclude a probationer from being able to use medical marijuana under amendment L.002. The following persons testified regarding HB 16-1359:
16HouseJud0414AttachC.pdf
02:14 PM -- Mr. Eric Philp, representing Colorado Probation within the Office of the State Court Administrator, testified in support of the bill. Mr. Philp discussed some issues encountered while administering HB 15-1267, which allows probationers to possess and use medical marijuana under certain circumstances. Mr. Philp responded to questions regarding the ability of his department to provide material evidence in accordance with amendment L.002.
02:21 PM -- Mr. Shawn Coleman, representing the Drug Policy Alliance, testified in support of the bill. Mr. Coleman quoted an official from the alliance in support of the bill, and discussed circumstances under which a probationer might responsibly use medical marijuana.
02:23 PM -- Ms. Jessica LeRoux, representing herself, testified in support of the bill. Ms. LeRoux discussed the medical needs of probationers.
02:25 PM
Representative Salazar further explained amendment L.002.
| BILL: | HB16-1359 | |
| TIME: | 02:26:17 PM | |
| MOVED: | Salazar | |
| MOTION: | Adopt amendment L.002 (Attachment C), as conceptually amended. 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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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB16-1359 | |
| TIME: | 02:26:30 PM | |
| MOVED: | Salazar | |
| MOTION: | Conceptually amend amendment L.002, page 1, line 6, before "material", insert "any". 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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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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02:27 PM
Representative Salazar provided closing remarks in support of HB 16-1359.
| BILL: | HB16-1359 | |
| TIME: | 02:27:49 PM | |
| MOVED: | Salazar | |
| MOTION: | Refer House Bill 16-1359, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Court | |
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VOTE
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Carver
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Yes
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Court
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Yes
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Dore
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Yes
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Foote
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Yes
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|
Lawrence
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Yes
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Lundeen
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Yes
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Melton
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Yes
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Salazar
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Yes
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Willett
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Yes
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Lee
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Yes
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Kagan
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:28 PM -- SB16-153
Representative Wilson, prime sponsor, presented Senate Bill 16-153, concerning nominees for county court judges. Representative Wilson explained the effect of the bill, and discussed its need. Representative Wilson responded to questions regarding the selection of a judge from within the same judicial district to fill a vacancy in a county judgeship under the bill, and under current law. Representative Wilson responded to questions regarding the need for a county court judge to be admitted to the bar to serve.
02:40 PM
Representative Wilson responded to questions regarding residency requirements for satisfying a vacancy fulfillment under SB 16-153. The following person testified regarding SB 16-153:
02:41 PM -- Mr. Terry Scanlon, representing the Judicial Branch, testified on the bill from a neutral perspective. Mr. Scanlon provided perspective on why the bill was brought forward, and addressed earlier questions about the need to be an attorney to be a judge. Mr. Scanlon responded to questions regarding the frequency with which applicants not residing in a certain county are seeking judgeships in the county. Representative Wilson responded to questions regarding the intent of the sponsors in bringing forth the legislation.
02:48 PM
No amendments were offered to SB 16-153. Representative Wilson provided closing remarks in support of the bill.
| BILL: | SB16-153 | |
| TIME: | 02:49:31 PM | |
| MOVED: | Kagan | |
| MOTION: | Refer Senate Bill 16-153 to the Committee of the Whole. The motion passed on a vote of 10-1. | |
| SECONDED: | Court | |
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VOTE
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Carver
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Yes
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Court
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Yes
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Dore
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Yes
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Foote
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Yes
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Lawrence
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Yes
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Lundeen
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Yes
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Melton
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No
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Salazar
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Yes
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Willett
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Yes
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Lee
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Yes
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Kagan
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Yes
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Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:50 PM
The committee adjourned.