Final
STAFF SUMMARY OF MEETING

COMMITTEE ON LEGAL SERVICES

Date:01/09/2006
ATTENDANCE
Time:02:03 PM to 05:45 PM
Carroll T.
X
Dyer
X
Place:HCR 0112
Groff
X
Hefley
X
This Meeting was called to order by
King
X
Senator Grossman
Marshall
X
Mitchell
X
This Report was prepared by
Veiga
X
Patty Amundson
McGihon
X
Grossman
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Agenda item 1b - Personnel Board/8-25
Agenda item 1b - Personnel/4-31 B
Agenda item 1b- Personnel/2.11 A.
Agenda item 1b - Personnel/4.24
Agenda item 1b - Personnel/4.14
Agenda item 1a - Lottery Commission
Agenda item 1c - State Board Rules
Agenda item 1d - Workers' Comp
Agenda item 2 - Approve Rule Review Bill		Failed - Rule Not Extended
Failed - Rule Not Extended
Failed - Rule Not Extended
Failed - Rule Not Extended
Passed - Rule Extended
Failed - Rules Not Extended
Failed - Rules Not Extended
Failed - Rule Not Extended
Passed
Senator Grossman called the meeting to order. He said there are a couple of changes on the agenda as it was posted for the order of rules for consideration. We're going to take item 1b first, the rules of the Colorado state personnel board, department of personnel. After that will be the lottery commission rules, and then we'll proceed in order. One of the rules is no longer being contested and that is item 1d on the agenda, the rules of the director of the division of workers' compensation.

Dan Cartin, Deputy Director, Office of Legislative Legal Services, addressed agenda item 1b - Rules of the Colorado State Personnel Board, Department of Personnel, concerning personnel board rules, 4 CCR 801, and rules of the Executive Director, Department of Personnel, concerning personnel director's administrative procedures, 4 CCR 801.

Kristin Rozansky, Director, State Personnel Board, testified before the Committee on rule 8-25.

2:44 p.m.
Senator Grossman said the Committee would stand in a brief recess while we wait for a senator to return to the meeting

2:45 p.m.

The Committee returned from recess.
BILL:Agenda item 1b - Rule 8-25
TIME: 02:45:00 PM
MOVED:Groff
MOTION:That rule 8-25 of the State Personnel Board be extended and asked for a no vote
SECONDED:
VOTE
Carroll T.
No
Dyer
No
Groff
No
Hefley
No
King
No
Marshall
No
Mitchell
No
Veiga
No
McGihon
No
Grossman
No
Final YES: 0 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL

Paul Farley, Deputy Executive Director, Department of Personnel, testified before the Committee.

Rich Djokic, Colorado Federation of Public Employees (CFPE), testified before the Committee.

Miller Hudson, Executive Director, Colorado Association of Public Employees (CAPE), testified before the Committee.
BILL:Agenda item 1b - Rules 4-31 B., 10-3 F., and 10-5
TIME: 03:43:00 PM
MOVED:McGihon
MOTION:That administrative procedures 4-31. B., 10-3. F., and 10-5. of the Executive Director of the Department of Personnel be extended and asked for a no vote
SECONDED:
VOTE
Carroll T.
No
Dyer
No
Groff
No
Hefley
No
King
No
Marshall
No
Mitchell
No
Veiga
No
McGihon
No
Grossman
No
Final YES: 0 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:Agenda item 1b- Rule 2.11 A.
TIME: 03:44:00 PM
MOVED:McGihon
MOTION:That administrative procedure 2-11. A. of the Executive Director of the Department of Personnel be extended and asked for a no vote
SECONDED:
VOTE
Carroll T.
No
Dyer
No
Groff
No
Hefley
Yes
King
No
Marshall
No
Mitchell
Yes
Veiga
No
McGihon
No
Grossman
No
Final YES: 2 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:Agenda item 1b - Rule 4.24
TIME: 03:45:00 PM
MOVED:McGihon
MOTION:That administrative procedure 4-24. of the Executive Director of the Department of Personnel be extended and asked for a no vote
SECONDED:
VOTE
Carroll T.
No
Dyer
No
Groff
No
Hefley
Yes
King
No
Marshall
No
Mitchell
Yes
Veiga
No
McGihon
No
Grossman
No
Final YES: 2 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:Agenda item 1b - Rule 4.14
TIME: 03:45:00 PM
MOVED:McGihon
MOTION:That administrative procedure 4-14. of the Executive Director of the Department of Personnel be extended and asked for a no vote
SECONDED:
VOTE
Carroll T.
Yes
Dyer
Yes
Groff
Yes
Hefley
Yes
King
Yes
Marshall
Yes
Mitchell
Yes
Veiga
Yes
McGihon
No
Grossman
Yes
Final YES: 9 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

Jason Gelender, Senior Staff Attorney, Office of Legislative Legal Services, addressed agenda item 1a - Rules of the Colorado Lottery Commission, Department of Revenue, concerning specific guidelines for Colorado lottery promotions, 1 CCR 206-1.

Michael Cooke, Executive Director, Department of Revenue, testified before the Committee.
BILL:Agenda item 1a - Rule 12
TIME: 04:29:00 PM
MOVED:McGihon
MOTION:That rules 12.1 c., 12.2, 12.3, 12.4 a., 12.4 b., 12.4 f., 12.6 a., 12.7, 12.9 a., 12.9 b., 12.10, 12.11 a., 12.11 b., 12.11 d., 12.11 e. and 12.11 f. of the Colorado Lottery Commission be extended and asked for a no vote
SECONDED:
VOTE
Carroll T.
No
Dyer
No
Groff
No
Hefley
No
King
No
Marshall
No
Mitchell
No
Veiga
No
McGihon
No
Grossman
No
Final YES: 0 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL

Julie Pelegrin, Senior Attorney, Office of Legislative Legal Services, addressed agenda item 1c - Rules of the State Board of Education, Department of Education, concerning administration of the Exceptional Children's Educational Act, 1 CCR 301-8.

Evie Hudak of the State Board of Education, representing the 2nd Congressional District, Randy DeHoff of the State Board of Education, representing the 6th Congressional District, and Byron Pendley of the Department of Education, testified before the Committee together.

Mary Sires, Executive Director of Student Services for the St. Vrain Valley school district out of Longmont and Member of the Statewide Consortium of Special Education Directors, testified before the Committee.

Linda Murry, Assistant Superintendent of Woodland Park School District, Special Ed Director for Ute Pass BOCES, and member of the Special Ed Consortium, testified before the Committee.

Lauren Kingsbery, Colorado Association of School Boards, testified before the Committee.

Troy Lange, Director of Special Education for Mountain BOCES and Member of the Consortium of Special Ed Directors, testified before the Committee.

William Bethke, Attorney for Kutz and Bethke, testified before the Committee. Mr. Bethke said our firm represents parents in special education matters, we represent charter schools, and we represent virtual schools. I was asked to attend here today by Colorado Virtual Academy, although I've had other involvement with charter and virtual clients and some individual special ed clients in relation to this issue.
BILL:Agenda item 1c - State Board Rules
TIME: 05:35:00 PM
MOVED:King
MOTION:That rules 2220-R-2.03(2)(b)(iii), 2220-R-2.03(2)(e)(iii), 2220-R-7.03(2), and 2220-R-7.03(4) of the State Board of Education be extended and asked for a no vote
SECONDED:
VOTE
Carroll T.
No
Dyer
No
Groff
No
Hefley
No
King
No
Marshall
No
Mitchell
No
Veiga
No
McGihon
No
Grossman
No
Final YES: 0 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL

Chuck Brackney, Senior Staff Attorney for Rule Review, addressed agenda item 1d - Rules of the Director of the Division of Worker's Compensation, Department of Labor and Employment, concerning Division Independent Medical Examination, 7 CCR 1101-3.
BILL:Agenda item 1d - Workers' Comp
TIME: 05:42:01 PM
MOVED:Marshall
MOTION:That rule 11-4 (B) of the rules of the Director of the Division of Workers' Compensation be extended and asked for a no vote
SECONDED:
VOTE
Carroll T.
No
Dyer
No
Groff
No
Hefley
No
King
No
Marshall
No
Mitchell
Excused
Veiga
No
McGihon
No
Grossman
No
Final YES: 0 NO: 9 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:Agenda item 2 - Approve Rule Review Bill
TIME: 05:43:00 PM
MOVED:Carroll T.
MOTION:To instruct staff to draft the rule review bill
SECONDED:
VOTE
Carroll T.
Yes
Dyer
Yes
Groff
Yes
Hefley
Yes
King
Yes
Marshall
Yes
Mitchell
Excused
Veiga
Yes
McGihon
Yes
Grossman
Yes
Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

5:45 p.m.

The Committee adjourned.