S_JUD_2016A 04/11/2016 01:31:13 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
| Date: | 04/11/2016 |
ATTENDANCE
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| Time: | 01:31 PM to 04:58 PM |
Cooke
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X
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Merrifield
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X
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| Place: | LSB B |
Ulibarri
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X
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Lundberg
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X
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| This Meeting was called to order by |
Roberts
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X
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| Senator Roberts | |||
| This Report was prepared by | |||
| Conrad Imel | |||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| HB16-1129 SB16-056 SB16-111 HB16-1308 HB16-1268 |
Laid Over Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole Postponed Indefinitely Referred to the Committee of the Whole |
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01:31 PM -- HB16-1129
Senator Roberts, chair, called the committee to order. A quorum was present. Senator Crowder and Senator Heath, co-prime sponsors, presented House Bill 16-1129, concerning measures for enhanced enforcement against acts of charitable fraud. Senator Roberts announced that the bill would be laid over following the hearing. Senator Lundberg and the committee discussed the bill.
01:41 PM -- Ms. Alissa Gardenswartz, representing the Colorado Attorney General's Office, testified in support of the bill. Ms. Gardenswartz discussed reasons the bill is necessary, including specific situations addressed by the bill. She also discussed the bill's provisions. Ms. Gardenswartz responded to questions regarding the scope of the law.
01:51 PM
Ms. Gardenswartz continued to respond to questions regarding the scope of the bill and specific provisions in the bill.
02:01 PM
Ms. Gardenswartz continued to respond to questions about specific provisions of the bill.
02:10 PM -- Mr. Mark Turner, representing the Colorado Nonprofit Association, testified in support of the bill. He spoke favorably of the bill and its deterrent effects. He responded to questions regarding the bonding requirement in the bill, and who the Colorado Nonprofit Association represents.
02:19 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. She stated specific support for provisions of the bill that address misrepresenting law enforcement to fraudulently raise funds.
02:22 PM
Senator Crowder provided closing remarks on the bill. Senator Roberts laid over the bill.
02:24 PM
The committee recessed.
02:25 PM -- SB16-056
The committee returned to order. Senator Lambert presented Senate Bill 16-056, concerning broadening protections of the state whistleblower protection law for state employees who disclose confidential information to certain state entities that have legal requirements to preserve the confidentiality of the information disclosed. Senator Lambert distributed and explained amendment L.001 (Attachment A). Senator Lambert explained the necessity of the bill.
16SenateJud0411AttachA.pdf
02:32 PM -- Ms. Denise Maes, representing the ACLU of Colorado, testified in opposition to the bill. Ms. Maes discussed privacy concerns associated with the bill and amendment L.001.
02:36 PM -- Mr. Kevin Klein, representing the Colorado Department of Public Safety, provided neutral testimony on the bill. Mr. Klein discussed security concerns with the bill as amended by amendment L.001.
02:39 PM -- Ms. Jennifer Anderson, representing the Colorado Attorney General's Office, testified in support of the bill. Ms. Anderson stated strong support for the bill, and discussed concerns with existing law that are addressed by the bill. She responded to questions regarding procedures used under existing law.
02:45 PM
Senator Lambert provided closing remarks on the bill.
| BILL: | SB16-056 | |
| TIME: | 02:49:57 PM | |
| MOVED: | Lundberg | |
| MOTION: | Adopt amendment L.001 (Attachment A). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Cooke
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Merrifield
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Ulibarri
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-056 | |
| TIME: | 02:50:24 PM | |
| MOVED: | Lundberg | |
| MOTION: | Refer Senate Bill 16-056, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Cooke
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Yes
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Merrifield
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Yes
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Ulibarri
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Yes
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Lundberg
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Yes
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Roberts
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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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02:51 PM -- SB16-111
Senator Lambert, sponsor, presented Senate Bill 16-111, concerning authorizing the Colorado Mounted Rangers as certified reserve peace officers. Senator Lambert discussed the need for mounted rangers to have peace officer certification, and specific instances in which such certification would be beneficial. Senator Lambert distributed and explained amendment L.001 (Attachment B).
16SenateJud0411AttachB.pdf
02:59 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman stated support for establishing a task force.
03:00 PM -- Mr. Kevin Klein, representing the Colorado Department of Public Safety and the Colorado Association of Chiefs of Police, testified in support of the bill.
03:01 PM -- Mr. Scott Turner, representing the Colorado Attorney General's Office, and Mr. Cory Amend, representing the Peace Officer Standards and Training Board, made themselves available for questions; there were no questions.
03:01 PM -- Col. Ronald Abramson, representing the Colorado Mounted Rangers, testified in support of the bill. He discussed the role of mounted rangers, and the benefits of the bill. He responded to questions regarding qualifications for becoming a mounted ranger, and the authority of the rangers.
03:07 PM
The committee and Senator Lambert discussed the bill and issues discussed during witness testimony.
| BILL: | SB16-111 | |
| TIME: | 03:09:03 PM | |
| MOVED: | Lundberg | |
| MOTION: | Adopt amendment L.001 (Attachment B). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Cooke
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Merrifield
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Ulibarri
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-111 | |
| TIME: | 03:09:19 PM | |
| MOVED: | Lundberg | |
| MOTION: | Refer Senate Bill 16-111, 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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Cooke
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Yes
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Merrifield
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Yes
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Ulibarri
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Yes
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Lundberg
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Yes
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Roberts
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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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03:10 PM -- HB16-1308
Senator Newell, sponsor, presented House Bill 16-1308, concerning the offense of intentional misrepresentation of a service animal. Senator Newell discussed the reasons for bringing the bill, and explained the bill's provisions. She distributed and explained amendment L.002 (Attachment C) and L.003 (Attachment D).
16SenateJud0411AttachC.pdf 16SenateJud0411AttachD.pdf
03:20 PM -- Ms. Sonja McKenzie, representing the Cherry Creek School District, testified in support of the bill. She discussed issues with animals that arise in a school setting.
03:23 PM -- Ms. Joan LaBelle, representing herself, testified in opposition to the bill. She discussed her experience with service animals.
03:26 PM -- Ms. DebiSue Polsley, representing herself, testified in opposition to the bill. She stated her concerns with the bill and her experience with a service animal.
03:30 PM -- Ms. Lauren Fortmiller, representing herself, testified in opposition to the bill. She explained concerns with the punitive measures of the law and its potential deterrent effects. She also discussed ADA standards concerning service animals, and issues surrounding enforcement concerns. Senator Lundberg and Ms. Fortmiller discussed the bill.
03:37 PM -- Ms. Alison Daniels, representing Disability Law Colorado, testified in opposition to the bill. She distributed written information to the committee. Ms. Daniels discussed her concerns with the bill, and stated that existing laws should be enforced. She also discussed concerns regarding notifying people about the law.
03:41 PM -- Ms. Christina Johnson, representing herself, testified in opposition to the bill. She discussed concerns regarding criminalizing certain people under the bill's provisions.
03:43 PM -- Ms. RJ Stoker, representing We the People, testified in opposition to the bill. She stated agreement with prior testimony opposing the bill. She discussed concerns about people being charged under the bill, and the effect that may have on those people's government benefits.
03:45 PM -- Ms. Francesca Maes, representing Good Dogs Service Dogs, testified in opposition to HB 16-1308, and stated agreement with prior testimony opposing the bill. She discussed enforcement concerns, and issues that the bill may raise.
03:48 PM -- Dr. Kathleen Haley, representing herself, testified in opposition to the bill. She stated concerns raised by the bill for people with invisible disabilities. Dr. Haley also discussed situations in which the bill may apply, and options available under existing laws.
03:53 PM -- Ms. Pamela Thiele, representing herself, testified in opposition to the bill. She stated that the bill would be detrimental for the invisibly disabled.
03:55 PM -- Ms. Caitlin Brady, representing Colorado Cross-Disability Coalition, testified in support of the bill. She discussed her experience taking a service animal in businesses.
03:57 PM -- Ms. Carolyn Haas, representing herself, testified in support of the bill. She discussed issues that will be alleviated by the bill, including issues surrounding self-training guide dogs. Ms. Haas also discussed means available to identify service animals.
04:02 PM -- Ms. Ann Clement, representing the Colorado Retail Council, testified in support of the bill.
04:03 PM -- Mr. Paul O'Brien, representing Canine Companions for Independence, testified in support of the bill. He discussed training service animals and his reasons for supporting the bill. Mr. O'Brien responded to questions regarding the cost of training a service animal, how the bill affects those who may not be able to afford a formally trained service dog, and investigation and enforcement under the bill.
04:11 PM -- Ms. Brianne Corbett, representing Freedom Service Dogs, testified in support of the bill. She discussed her experience training and handling service dogs. She also stated the importance of public education of the bill.
04:14 PM -- Ms. Janee Boswell, representing the Colorado Association of Animal Control Officers, testified in support of the bill. Ms. Boswell discussed a specific incident related to determining the legitimacy of a service dog, and responded to a question about laws violated in that incident.
04:18 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. She stated that animal control officers supported the bill, and that she hoped the bill would serve as a deterrent.
04:19 PM -- Mr. David Wolf, representing Domino Service Dogs, testified in support of the bill. He explained the costs associated with training a service animal, and the possible demeanor and actions of dogs that are not trained as service animals.
04:23 PM -- Mr. Mark Simon, representing himself, testified in support of the bill. Mr. Simon distributed written testimony to the committee (Attachment E). Mr. Simon discussed existing laws and procedures concerning investigating service animals. He also addressed issues raised during prior testimony and discussed an incident where a fraudulent service animal bit another person after being allowed in a store.
16SenateJud0411AttachE.pdf
04:28 PM -- Ms. Dawn Howard, representing the Colorado Cross-Disability Coalition, testified in support of the bill. Ms. Howard stated that service animals should be protected.
04:29 PM -- Mr. Kyle Walpole, representing himself, testified in support of the bill. He discussed enforcement of existing law under the Americans with Disabilities Act and by law enforcement. He discussed the effects of situations where people fraudulently represent an animal as a service animal. Mr. Walpole responded to questions regarding the sale of service animal certification and identification material, such as patches or vests.
04:35 PM -- Ms. Christine McGroarty, representing herself, testified in support of the bill. Ms. McGroarty discussed her, and others', experiences with service animals and interactions with fraudulent service animals.
04:39 PM
Senator Newell explained amendments L.002 and L.003.
| BILL: | HB16-1308 | |
| TIME: | 04:41:11 PM | |
| MOVED: | Merrifield | |
| MOTION: | Adopt amendment L.002 (Attachment C). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Cooke
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Merrifield
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Ulibarri
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB16-1308 | |
| TIME: | 04:41:26 PM | |
| MOVED: | Merrifield | |
| MOTION: | Adopt amendment L.003 (Attachment D). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Cooke
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Merrifield
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Ulibarri
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:41 PM
Senator Newell provided closing remarks on the bill.
04:46 PM
Committee members discussed their positions on the bill.
| BILL: | HB16-1308 | |
| TIME: | 04:51:16 PM | |
| MOVED: | Merrifield | |
| MOTION: | Refer House Bill 16-1308, as amended, to the Committee of the Whole. The motion failed on a vote of 2-3. | |
| SECONDED: | ||
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VOTE
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Cooke
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No
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Merrifield
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Yes
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Ulibarri
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Yes
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Lundberg
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No
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Roberts
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No
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YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | HB16-1308 | |
| TIME: | 04:51:37 PM | |
| MOVED: | Lundberg | |
| MOTION: | Postpone House Bill 16-1308 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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Cooke
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Merrifield
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Ulibarri
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Lundberg
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Roberts
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Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:52 PM
The committee recessed.
04:54 PM -- HB16-1268
The committee returned to order. Senator Cooke, sponsor, presented House Bill 16-1268, concerning district attorney representation in certain hearings arising from interstate supervision compacts.
04:55 PM -- Ms. Devon Whitefield, representing Colorado Probation, made herself available for questions.
04:56 PM -- Ms. Christina Rosendahl, representing the Colorado Department of Corrections (DOC), testified in support of the bill. She stated concerns that the bill may impact DOC's interstate compact agreements.
| BILL: | HB16-1268 | |
| TIME: | 04:58:21 PM | |
| MOVED: | Cooke | |
| MOTION: | Refer House Bill 16-1268 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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Cooke
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Yes
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Merrifield
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Yes
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Ulibarri
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Yes
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Lundberg
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Yes
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Roberts
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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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04:58 PM
The committee adjourned.