Final
STAFF SUMMARY OF MEETING

COMMITTEE ON LEGAL SERVICES

Date:03/27/2015
ATTENDANCE
Time:10:48 AM to 12:02 PM
Dore
X
Foote
*
Place:SCR 354
Johnston
X
Kagan
X
This Meeting was called to order by
Roberts
X
Senator Scheffel
Scott
E
Steadman
X
This Report was prepared by
Willett
X
Patty Amundson
McCann
X
Scheffel
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Rule of the State Board of Human Services
SB15-100
Other		Rule 7.000.3 of the State Board of Human Services was Repealed
Amended, Referred to the Committee of the Whole
No Action
cols20150327.pdfcols20150327.pdf minutes20150327.pdfminutes20150327.pdf

10:49 AM -- Rule of the State Board of Human Services

10:49 a.m. – Debbie Haskins, Assistant Director, Office of Legislative Legal Services, addressed the Committee. She explained the process for this rule issue and SB15-100 (Rule Review Bill).

10:51 a.m. – Jane Ritter, Senior Attorney, Office of Legislative Legal Services, addressed agenda item 1a – Rule 7.000.3 of the State Board of Human Services, Department of Human Services, concerning exceptions to rules in rules relating to the overview of child welfare services, 12 CCR 2509-1 (LLS Docket No. 150022; SOS Tracking No. 2014-00905). She recommended that the rule be repealed.

10:57 a.m. – Reggie Bicha, Executive Director, Department of Human Services, testified before the Committee. He said the department is not contesting the repeal of the rule but he wanted to explain how and when the rule was promulgated.

11:11 a.m. – Alicia Calderon, First Assistant Attorney General, Attorney General’s Office, testified before the Committee.

11:28 a.m. – Debbie Haskins addressed the Committee again.

BILL:Rule of the State Board of Human Services
TIME: 11:31:26 AM
MOVED:Steadman
MOTION:To repeal Rule 7.000.3 of the State Board of Human Services, effective May 15, 2015. The motion was WITHDRAWN.
SECONDED:
VOTE
Dore
Foote
Johnston
Kagan
Roberts
Scott
Excused
Steadman
Willett
McCann
Scheffel
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:


BILL:Rule of the State Board of Human Services
TIME: 11:38:50 AM
MOVED:Steadman
MOTION:To repeal Rule 7.000.3 of the State Board of Human Services, effective on passage of Senate Bill 15-100, and that that be a separate section of the bill with its own effective date provision. The motion passed on a vote of 9-0.
SECONDED:
VOTE
Dore
Yes
Foote
Yes
Johnston
Yes
Kagan
Yes
Roberts
Yes
Scott
Excused
Steadman
Yes
Willett
Yes
McCann
Yes
Scheffel
Yes
Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


11:53 AM -- SB15-100

11:53 a.m. – Debbie Haskins addressed agenda item 2 – Approval of SB 15-100 by Senator Steadman; also Representatives Foote and McCann – Rule Review Bill.

RRBillExplanation.pdfRRBillExplanation.pdf SB15-100engrossed.pdfSB15-100engrossed.pdf
BILL:SB15-100
TIME: 11:55:31 AM
MOVED:Steadman
MOTION:A conceptual amendment to add two new sections to SB15-100, one of which would specify that Rule 7.000.3 of the State Board of Human Services is repealed and the other section would give that prior new section an effective date of upon passage. The motion passed without objection.
SECONDED:
VOTE
Dore
Foote
Johnston
Kagan
Roberts
Scott
Excused
Steadman
Willett
McCann
Scheffel
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB15-100
TIME: 11:58:16 AM
MOVED:Steadman
MOTION:To refer Senate Bill 15-100 to the Committee of the Whole in the Senate with a favorable recommendation. The motion passed on a vote of 9-0.
SECONDED:
VOTE
Dore
Yes
Foote
Yes
Johnston
Yes
Kagan
Yes
Roberts
Yes
Scott
Excused
Steadman
Yes
Willett
Yes
McCann
Yes
Scheffel
Yes
Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


12:00 PM -- Other

The Committee discussed that happens when an agency disagrees with the Committee's position to repeal a rule, and what, if anything, can the Committee do to be able to repeal a bad rule immediately.


12:02 p.m.

The Committee adjourned.