Final
STAFF SUMMARY OF MEETING

COMMITTEE ON LEGAL SERVICES

Date:12/15/2015
ATTENDANCE
Time:10:10 AM to 01:16 PM
Dore
X
Foote
X
Place:HCR 0112
Johnston
*
Kagan
X
This Meeting was called to order by
Roberts
X
Senator Scheffel
Scott
X
Steadman
X
This Report was prepared by
Willett
X
Owen Colling
McCann
X
Scheffel
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Rules of the Medical Services Board
Rules of the Charter School Institute
Rules of the Marijuana Enforcement Division
Rules of the Secretary of State
Rules of the Parks and Wildlife Division
Rule Review Bill - Approval & Sponsorship
Sponsorship of Other Committee on Legal Services Bills
Year Two Report - Legislative Digital Policy Advisory Committee
Approval and Sponsorship of LLS Nos. 16-0400 & 16-0526
Scheduled Meetings During the Session		Rule 8.960 was not extended
Rules 4.00 2) and 9.00 6) were not extended
Rules M 231.5 B.1.and R 231.5 B.1. were not extended
Rules 2.10.2 and 6.4 were not extended
Rules of CPW were all extended
Rule Review Bill draft was approved
Sponsorship was Assigned for Other COLS Bills
No Action
Bills were Approved for Introduction & Sponsorship was Assigned
No Action

cols20151215revised.pdfcols20151215revised.pdf minutes20151215.pdfminutes20151215.pdf

Senator Scheffel said the Committee will move forward with the uncontested agenda items first. At the request of the secretary of state, he removed from the agenda one of the items under agenda item 1b - Rule 7.2.6.


10:12 AM -- Rules of the Medical Services Board

10:12 a.m. - Jeremiah Barry, Managing Senior Attorney, Office of Legislative Legal Services, addressed agenda item 1d - Rules of the Medical Services Board, Department of Health Care Policy and Financing, concerning the Colorado Dental Health Care Program for Low-Income Seniors, 10 CCR 2505-10 (LLS Docket No. 150120; SOS Tracking No. 2015-0031). He recommended that Rule 8.960 not be extended.
BILL:Rules of the Medical Services Board
TIME: 10:16:30 AM
MOVED:McCann
MOTION:To extend Rule 8.960 of the Medical Services Board and asked for a no vote. The motion failed on a vote of 0-9.
SECONDED:
VOTE
Dore
No
Foote
No
Johnston
Excused
Kagan
No
Roberts
No
Scott
No
Steadman
No
Willett
No
McCann
No
Scheffel
No
Final YES: 0 NO: 9 EXC: 1 ABS: 0 FINAL ACTION: FAIL


10:17 AM -- Rules of the Charter School Institute

10:17 a.m. - Julie Pelegrin, Assistant Director, Office of Legislative Legal Services, addressed agenda item 1e - Rules of the Charter School Institute, Department of Education, concerning administration of the state charter school institute, 1 CCR 302-1 (LLS Docket No. 150456; SOS Tracking No. 2015-00545). She recommended that Rules 4.00 2) and 9.00 6) not be extended.
BILL:Rules of the Charter School Institute
TIME: 10:22:15 AM
MOVED:McCann
MOTION:To extend Rules 4.00 2) and 9.00 6) of the state charter school institute board and asked for a no vote. The motion failed on a vote of 0-10.
SECONDED:
VOTE
Dore
No
Foote
No
Johnston
No
Kagan
No
Roberts
No
Scott
No
Steadman
No
Willett
No
McCann
No
Scheffel
No
Final YES: 0 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL


10:23 AM -- Rules of the Marijuana Enforcement Division

10:23 a.m. - Debbie Haskins, Assistant Director, Office of Legislative Legal Services, addressed the Committee on agenda item 1a. She said one of the rules in the staff memo was corrected with a scrivener's error. Rule R 1308 has been corrected.
Corrected Marijuana Rule.pdfCorrected Marijuana Rule.pdf

10:24 a.m. - Michael Dohr, Managing Senior Attorney, Office of Legislative Legal Services, addressed agenda item 1a - Rules of the Marijuana Enforcement Division, Department of Revenue, concerning medical marijuana business and licensees and retail marijuana establishments and licensees, 1 CCR 212-1 and 1 CCR 212-2 (LLS Docket No. 150459 and 150460; SOS Tracking No. 2015-0499 and 2015-00500). He recommended that Rules M 231.5 B.1.and R 231.5 B.1. not be extended.

10:26 a.m. - Lewis Koski, Deputy Senior Director of Enforcement, Department of Revenue, testified before the Committee. He said the department is no longer contesting the rule issues and they will be making some adjustments to the rules.
BILL:Rules of the Marijuana Enforcement Division
TIME: 10:33:57 AM
MOVED:McCann
MOTION:To extend Rules M 231.5 B.1. and R 231.5 B.1. of the Marijuana Enforcement Division and asked for a no vote. The motion failed on a vote of 0-10.
SECONDED:
VOTE
Dore
No
Foote
No
Johnston
No
Kagan
No
Roberts
No
Scott
No
Steadman
No
Willett
No
McCann
No
Scheffel
No
Final YES: 0 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL


10:34 AM -- Rules of the Secretary of State

10:35 a.m. - Kate Meyer, Senior Attorney, Office of Legislative Legal Services, addressed agenda item 1b - Rules of the Secretary of State, Department of State, concerning elections, 8 CCR 1505-1 (LLS Docket No. 150399; SOS Tracking No. 2015-00313). She recommended that Rules 2.10.2 and 6.4 not be extended.
BILL:Rules of the Secretary of State
TIME: 10:39:03 AM
MOVED:McCann
MOTION:To extend Rules 2.10.2 and 6.4 of the Secretary of State and asked for a no vote. The motion failed on a vote of 0-10.
SECONDED:
VOTE
Dore
No
Foote
No
Johnston
No
Kagan
No
Roberts
No
Scott
No
Steadman
No
Willett
No
McCann
No
Scheffel
No
Final YES: 0 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL


10:39 AM -- Rules of the Parks and Wildlife Division

10:40 a.m. - Tom Morris, Managing Senior Attorney, Office of Legislative Legal Services, addressed agenda item 1c - Rules of the Parks and Wildlife Division, Department of Natural Resources, concerning the bighorn sheep access program and the ranching for wildlife program, 2 CCR 406-2 (LLS Docket No. 150431; SOS Tracking No. 2015-00485). He recommended that Rules #206 B. 1. f., #206 B. 5. e. 1., #210 B. 8., #210 B. 9., #210 D. 1. a., #210 D. 2. b., #210 D. 3. d., #210 D. 3. e., #210 D. 3. f. 1., #210 D. 5. a. 2., #210 E. 1., #210 E. 6., and #211 not be extended.

11:21 a.m. - Jeff Ver Steeg, Assistant Director for Research, Policy, and Planning for Colorado Parks and Wildlife, and Dan Prenzlow, Regional Manager of the Southeastern Region of Colorado and one of the architects of the bighorn sheep access program, testified together before the Committee. They urged the Committee to extend the rules.
CPW Memo.pdfCPW Memo.pdf

11:55 a.m. - Steve Wooten, Owner and Operator of Purgatoire Wildlife Ranch, testified before the Committee. He said the ranch participates in the ranching for wildlife program and he explained how the program works.

12:08 p.m. - Tim Monahan, First Assistant Attorney General, Attorney General's Office, testified before the Committee. He explained the issue he has with the OLLS argument for not extending the rules.

12:12 p.m. - Tom Morris addressed the Committee again.
BILL:Rules of the Parks and Wildlife Division
TIME: 12:17:32 PM
MOVED:McCann
MOTION:To extend Rules #206 B. 1. f., #206 B. 5. e. 1., #210 B. 8., #210 B. 9., #210 D. 1. a., #210 D. 2. b., #210 D. 3. d., #210 D. 3. e., #210 D. 3. f. 1., #210 D. 5. a. 2., #210 E. 1., #210 E. 6., and #211 of the Parks and Wildlife Commission. The motion passed on a vote of 10-0.
SECONDED:
VOTE
Dore
Yes
Foote
Yes
Johnston
Yes
Kagan
Yes
Roberts
Yes
Scott
Yes
Steadman
Yes
Willett
Yes
McCann
Yes
Scheffel
Yes
Final YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


12:20 p.m.

The Committee recessed.

12:35 p.m.

The Committee returned from recess.


12:36 PM -- Rule Review Bill - Approval & Sponsorship

RuleReviewBillDraft.pdfRuleReviewBillDraft.pdf

12:36 p.m. - Debbie Haskins addressed agenda item 2 - Approval of the Rule Review Bill and Sponsorship of the Rule Review Bill.
BILL:Rule Review Bill - Approval & Sponsorship
TIME: 12:38:44 PM
MOVED:McCann
MOTION:That the Committee approve the rule review bill as drafted with the addition of the actions the Committee took today, and that the Committee move the bill forward. The motion passed on a vote of 9-0.
SECONDED:
VOTE
Dore
Yes
Foote
Yes
Johnston
Excused
Kagan
Yes
Roberts
Yes
Scott
Yes
Steadman
Yes
Willett
Yes
McCann
Yes
Scheffel
Yes
Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

Senator Scheffel clarified that the bill would not be introduced yet so that the Committee can meet again and get an update on the secretary of state's rule that was removed from the agenda (Rule 7.2.6.).

Representative McCann agreed to be the prime sponsor for the rule review bill. Senator Scheffel agreed to be the other prime sponsor for the bill. The Committee did not assign co-sponsors for the bill at this time.


12:41 PM -- Sponsorship of Other Committee on Legal Services Bills

12:41 p.m. - Jennifer Gilroy, Revisor of Statutes, Office of Legislative Legal Services, addressed agenda item 3 - Sponsorship of Other Committee on Legal Services Bills: Bill to Enact the C.R.S.; Revisor's Bill; and Additional Revisor's Bill.

Senator Scott agreed to be the prime sponsor for the bill to enact the C.R.S. Representative Willett agreed to be the other prime sponsor for the bill. Representative Dore, Representative Foote, Representative Kagan, Representative McCann, Senator Roberts, Senator Scheffel, and Senator Steadman agreed to be co-sponsors of the bill.

Senator Scott agreed to be the prime sponsor of the first revisor's bill. Representative Foote agreed to be the other prime sponsor for the bill. Representative Dore, Representative Kagan, Representative McCann, Representative Willett, Senator Roberts, Senator Scheffel, and Senator Steadman agreed to be co-sponsors of the bill.

Representative Kagan agreed to be the prime sponsor for the second revisor's bill. Senator Steadman agreed to be the other prime sponsor for the bill. Representative Dore, Representative Foote, Representative McCann, Representative Willett, Senator Roberts, Senator Scheffel, and Senator Scott agreed to be co-sponsors of the bill.


12:51 PM -- Year Two Report - Legislative Digital Policy Advisory Committee

12:51 p.m. - Jennifer Gilroy addressed agenda item 5 - Presentation of Year Two Report from the Legislative Digital Policy Advisory Committee. She said this agenda item would be put on the Committee's agenda in January or February.


12:52 PM -- Approval and Sponsorship of LLS Nos. 16-0400 & 16-0526

12:52 p.m. - Dan Cartin, Director, Office of Legislative Legal Services, addressed agenda item 4 -Approval and Sponsorship of Other Committee on Legal Services Bills: Draft Bill - LLS 16-0400 - OLLS Director Authority to Sign Vouchers; and Draft Bill - LLS 16-0526 - Administrative Responsibility of OLLS for Maintaining and Storing Legislative Bill Files.
Additional Language.pdfAdditional Language.pdf
BILL:Approval and Sponsorship of LLS Nos. 16-0400 & 16-0526
TIME: 01:05:55 PM
MOVED:Steadman
MOTION:That the Committee sponsor LLS No. 16-0400 as a committee bill, using the second alternative provision for authorization of a designee who could also sign vouchers. The motion passed on a vote of 9-0.
SECONDED:
VOTE
Dore
Yes
Foote
Yes
Johnston
Excused
Kagan
Yes
Roberts
Yes
Scott
Yes
Steadman
Yes
Willett
Yes
McCann
Yes
Scheffel
Yes
Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

Senator Steadman agreed to be the prime sponsor for LLS No. 16-0400. Representative Dore agreed to be the other prime sponsor for the bill. Representative Foote, Representative Kagan, Representative McCann, Representative Willett, Senator Roberts, Senator Scheffel, and Senator Scott agreed to be co-sponsors of the bill.
BILL:Approval and Sponsorship of LLS Nos. 16-0400 & 16-0526
TIME: 01:07:30 PM
MOVED:Steadman
MOTION:That the Committee sponsor LLS No. 16-0526 as a committee bill and that we amend the bill on page 3, line 9, with the language recommended by staff at the top of today's handout. The motion passed on a vote of 9-0.
SECONDED:
VOTE
Dore
Yes
Foote
Yes
Johnston
Excused
Kagan
Yes
Roberts
Yes
Scott
Yes
Steadman
Yes
Willett
Yes
McCann
Yes
Scheffel
Yes
Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

Senator Steadman agreed to be the prime sponsor for LLS No. 16-0526. Representative Willett agreed to be the other prime sponsor for the bill. Representative Dore, Representative Foote, Representative Kagan, Representative McCann, Senator Roberts, Senator Scheffel, and Senator Scott agreed to be co-sponsors of the bill.


01:15 PM -- Scheduled Meetings During the Session

1:15 p.m. - Senator Scheffel addressed agenda item 6 - Scheduled Meetings During the Session: January 15, 8:00 a.m. - Organizational Meeting to Elect a Chair and Vice-chair; First Friday of the Month during Session from Noon to 2:00 p.m.: February 5, March 4, April 1, and May 6.


1:16 p.m.

The Committee adjourned.