H_TRA_2017A 04/19/2017 Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON TRANSPORTATION & ENERGY
| Date: | 04/19/2017 |
ATTENDANCE
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| Time: | 01:33 PM to 06:19 PM |
Becker J.
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X
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Bridges
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*
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| Place: | HCR 0112 |
Buck
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X
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Carver
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X
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| This Meeting was called to order by |
Esgar
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X
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| Representative Mitsch Bush |
Ginal
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X
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Hansen
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X
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| This Report was prepared by |
Jackson
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X
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| Katie Ruedebusch |
Lawrence
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*
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McLachlan
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X
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Nordberg
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*
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Winter
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X
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Mitsch Bush
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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: | ||
| SB17-180 HB17-1323 HB17-1336 |
Referred to House Appropriations Amended, Referred to House Finance Amended, Referred to House Appropriations |
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01:34 PM -- SB 17-180
Representative Esgar introduced Senate Bill 17-180. The bill modifies the civil penalty authority of the Public Utilities Commission (PUC) related to motor carrier oversight. The bill also credits these penalties to the newly created Legal Services Offset Fund, which is continuously appropriated to the Department of Law to offset its costs to represent the PUC in actions related to motor carrier violations. The fund balance and interest earnings remain in the fund at the end of each fiscal year, unless the balance exceeds $250,000, in which case the excess is transferred to the General Fund.
01:36 PM -- Mr. Doug Dean and Mr. Ron Jack, representing the PUC, testified in support of the bill.
01:40 PM -- Mr. RJ Hicks, representing the Colorado Motor Carriers Association, testified in support of the bill.
01:42 PM
Representative Esgar gave some closing remarks on the bill.
| BILL: | SB17-180 | |
| TIME: | 01:43:06 PM | |
| MOVED: | Esgar | |
| MOTION: | Refer Senate Bill 17-180 to the Committee on Appropriations. The motion passed on a vote of 13-0. | |
| SECONDED: | Jackson | |
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VOTE
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Becker J.
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Yes
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Bridges
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Yes
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Buck
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Yes
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Carver
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Yes
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Esgar
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Yes
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Ginal
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Yes
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Hansen
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Yes
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Jackson
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Yes
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Lawrence
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Yes
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McLachlan
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Yes
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Nordberg
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Yes
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Winter
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Yes
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Mitsch Bush
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Yes
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Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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01:44 PM -- HB 17-1323
Representative Esgar introduced House Bill 17-1323. The bill makes several requirements of the PUC in the Department of Regulatory Agencies (DORA) related to ethics. The bill creates a position of an independent ombudsman for ethics in the PUC, to be paid from the Fixed and Telecommunications Utilities Funds. Additionally, the bill requires the PUC to adopt rules that set forth PUC policy on conflicts of interest, incompatible activities, and limitations on ex parte communications, and require the meetings, conferences, and programs that commissioners and staff may attend to be consistent with these rules. In addition, the PUC director may authorize PUC employees to undertake training and development opportunities. Finally, the bill requires the PUC director to keep a record of PUC proceedings, and to post audio recordings and other official records as required by law online for public access.
Representative Esgar distributed a handout to the committee (Attachment A). She answered several committee questions. She distributed amendments L.001 (Attachment B), L.002 (Attachment C), and L.003 (Attachment D).
170419 AttachA.pdf170419 AttachB.pdf170419 AttachC.pdf170419 AttachD.pdf
01:58 PM -- Ms. Erin Reynolds, Legislative Council Staff, came to the table to answer a committee question regarding amendment L.003.
02:00 PM -- Ms. Amy Cooke, representing the Independence Institute, testified in support of the bill.
02:04 PM -- Ms. Anne Stattelman, representing Posada, testified in support of the bill.
02:08 PM -- Mr. Vince Calvano, representing himself, testified in support of the bill.
02:12 PM -- Mr. Chris Markuson, representing Pueblo County, testified in support of the bill.
| BILL: | HB17-1323 | |
| TIME: | 02:16:55 PM | |
| MOVED: | Esgar | |
| MOTION: | Adopt amendment L.001 (Attachment B). The motion passed without objection. | |
| SECONDED: | Ginal | |
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VOTE
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Becker J.
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Bridges
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Buck
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Carver
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Esgar
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Ginal
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Hansen
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Jackson
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Lawrence
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McLachlan
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Nordberg
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Winter
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Mitsch Bush
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB17-1323 | |
| TIME: | 02:17:57 PM | |
| MOVED: | Esgar | |
| MOTION: | Adopt amendment L.002 (Attachment C). The motion passed without objection. | |
| SECONDED: | Winter | |
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VOTE
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Becker J.
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Bridges
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Buck
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Carver
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Esgar
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Ginal
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Hansen
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Jackson
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Lawrence
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McLachlan
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Nordberg
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Winter
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Mitsch Bush
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB17-1323 | |
| TIME: | 02:18:54 PM | |
| MOVED: | Esgar | |
| MOTION: | Adopt amendment L.003 (Attachment D). The motion passed without objection. | |
| SECONDED: | Winter | |
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VOTE
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Becker J.
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Bridges
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Buck
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Carver
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Esgar
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Ginal
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Hansen
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Jackson
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Lawrence
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McLachlan
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Nordberg
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Winter
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Mitsch Bush
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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02:19 PM
Representative Esgar gave some closing remarks on the bill.
| BILL: | HB17-1323 | |
| TIME: | 02:24:08 PM | |
| MOVED: | Esgar | |
| MOTION: | Refer House Bill 17-1323, as amended, to the Committee on Finance. The motion passed on a vote of 9-4. | |
| SECONDED: | Winter | |
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VOTE
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Becker J.
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No
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Bridges
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Yes
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Buck
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No
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Carver
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No
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Esgar
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Yes
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Ginal
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Yes
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Hansen
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Yes
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Jackson
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Yes
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Lawrence
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No
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McLachlan
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Yes
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Nordberg
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Yes
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Winter
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Yes
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Mitsch Bush
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Yes
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Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:26 PM
The committee recessed.
02:40 PM
The committee came back to order.
02:41 PM -- HB 17-1336
Representatives Foote and Young introduced House Bill 17-1336. The bill requires that:
• a majority of the royalty interest owners join in the application before the commission may order forced pooling;
• the commission provide 90-day prior notice of a hearing to consider an application for forced pooling;
• prospective oil and gas operators first provide affected interest owners with an explanation of the laws governing forced pooling before applying to the commission for a forced pooling order;
• oil and gas operators file an electronic report with the commission stating the number and location of nonconsenting owners; and
• the commission post the reports identifying nonconsenting owners in a searchable database on its website.
Representative Young distributed amendment L.002 (Attachment E) to the committee. Representatives Foote and Young answered several committee questions.
170419 AttachE.pdf
02:50 PM
Committee discussion ensued regarding statutory pooling, public data, and other topics.
03:04 PM -- Mr. Matt Sura, representing himself, testified in support of the bill. He answered several committee questions regarding current law, Colorado Oil and Gas Conservation Commission (COGCC) rules, the COGCC rulemaking process, and examples of statutory pooling in Colorado.
03:40 PM -- Mr. Ken Wonstolen, representing the Bill Barrett Corporation, the Colorado Petroleum Council, and the Colorado Oil and Gas Association, testified against the of bill. He answered several committee questions regarding COGCC rules, the statutory pooling process within oil and gas companies, and other topics.
04:06 PM -- Councilman Kevin Kreeger, representing himself, testified in support of the bill.
04:11 PM -- Councilman Mike Shelton, representing himself, testified in support of the bill.
04:15 PM -- Ms. Jennifer Hoffmann, representing the City and County of Broomfield, testified in support of the bill.
04:19 PM -- Mr. Nicholas Coglazier, representing the Colorado Competitive Council and the Denver Metro Chamber of Commerce, testified against the bill.
04:21 PM -- Mr. Scott Campbell, representing the Colorado Petroleum Association, testified against the bill. He answered several committee questions.
04:26 PM -- Mr. Jeff Wasden, representing the Colorado Business Roundtable, testified against the bill. He answered several committee questions.
04:48 PM -- Ms. Nancy Rae Clark, representing herself, testified in support of the bill.
04:52 PM -- Councilman Steve Douglas, representing himself, testified in support of the bill.
04:56 PM -- Mr. Unity Vincent Sferrize, representing himself, testified in support the bill.
05:02 PM -- Ms. Michelle Smith, representing Vital for Colorado, testified against the bill.
05:05 PM -- Mr. Neil Ray, representing the Colorado Alliance of Mineral and Royalty Owners, testified against the bill. He distributed a copy of his testimony to the committee (Attachment F).
170419 AttachF.pdf
05:09 PM -- Ms. Ann Byers, representing herself, testified in support of the bill.
05:12 PM -- Ms. Mindy Miller, representing herself, testified in support of the bill.
05:15 PM -- Ms. Kathy Mendt, representing herself, testified in support of the bill.
05:20 PM -- Mr. Mark Ruzzin, representing the Boulder County, testified in support of the bill.
05:22 PM -- Ms. Marilyn Hughes, representing herself, testified in support of the bill.
05:24 PM -- Ms. Pat Davis, representing herself, testified in support of the bill.
05:28 PM -- Ms. Marcia Morzin, representing herself, testified in support of the bill.
05:31 PM -- Mr. Bill Young, representing himself, testified in support of the bill.
05:35 PM -- Ms. Jeri Shepherd, representing herself, testified in support of the bill.
05:40 PM -- Ms. Jean Lim, representing herself, testified in support of the bill.
05:43 PM -- Ms. Linda McKibben, representing herself, testified in support of the bill.
05:45 PM -- Ms. Cristen Logan, representing herself, testified in support of the bill.
05:48 PM -- Mr. Vince Miller, representing himself, testified in support of the bill.
05:53 PM
The committee recessed.
06:05 PM
The committee came back to order.
| BILL: | HB17-1336 | |
| TIME: | 06:06:35 PM | |
| MOVED: | Hansen | |
| MOTION: | Adopt amendment L.002 (Attachment E). The motion passed without objection. | |
| SECONDED: | Winter | |
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VOTE
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Becker J.
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Bridges
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Buck
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Carver
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Esgar
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Ginal
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Hansen
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Jackson
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Lawrence
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McLachlan
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Nordberg
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Winter
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Mitsch Bush
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB17-1336 | |
| TIME: | 06:08:29 PM | |
| MOVED: | Esgar | |
| MOTION: | Adopt a conceptual amendment to amendment L.005 changing the spelling of "driling" on lines 4 and lines 8 to "drilling", and changing "with" to "within" on line 4. The motion passed without objection. | |
| SECONDED: | Winter | |
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VOTE
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Becker J.
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Bridges
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Buck
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Carver
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Esgar
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Ginal
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Hansen
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Jackson
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Lawrence
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McLachlan
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Nordberg
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Winter
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Mitsch Bush
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB17-1336 | |
| TIME: | 06:12:59 PM | |
| MOVED: | Hansen | |
| MOTION: | Adopt amendment L.005 (Attachment G). The motion passed without objection. | |
| SECONDED: | Winter | |
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VOTE
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Becker J.
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Bridges
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Buck
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Carver
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Esgar
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Ginal
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Hansen
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Jackson
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Lawrence
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McLachlan
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Nordberg
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Winter
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Mitsch Bush
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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170419 AttachG.pdf
06:14 PM
Representatives Foote and Young gave some closing remarks on the bill.
| BILL: | HB17-1336 | |
| TIME: | 06:19:34 PM | |
| MOVED: | Winter | |
| MOTION: | Refer House Bill 17-1336, as amended, to the Committee on Appropriations. The motion passed on a vote of 8-5. | |
| SECONDED: | Jackson | |
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VOTE
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Becker J.
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No
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Bridges
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Yes
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Buck
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No
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Carver
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No
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Esgar
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Yes
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Ginal
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Yes
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Hansen
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Yes
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Jackson
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Yes
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Lawrence
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No
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McLachlan
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Yes
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Nordberg
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No
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Winter
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Yes
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Mitsch Bush
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Yes
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Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS
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06:19 PM
The committee adjourned.