Final
STAFF SUMMARY OF MEETING

COMMITTEE ON LEGAL SERVICES

Date:12/14/2006
ATTENDANCE
Time:10:13 AM to 01:12 PM
Carroll T.
E
Dyer
Place:HCR 0112
Groff
*
Hefley
This Meeting was called to order by
King
Representative McGihon
Marshall
Mitchell
X
This Report was prepared by
Veiga
X
Patty Amundson
Grossman
McGihon
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Agenda item 1a
Agenda item 1b
Agenda item 1c
Agenda item 1e
Agenda item 1d
Agenda item 1f
Agenda item 1h
Agenda item 1i
Agenda item 1j
Agenda item 1k
Agenda item 1l
Agenda item 1m
Agenda item 1n
Agenda item 3 - Executive Session
Agenda item 3 - Retain Counsel
Agenda item 2		Failed
Failed
Failed
Failed
Failed
Failed
Failed
Failed
Failed
Failed
Failed
Failed
Failed
Passed
Passed
Passed
NOTE: Dyer resigned from General Assembly December 6, 2006, and he was not replaced on the Committee. Marshall resigned from the Committee December 2006 and Cerbo replaced Marshall December 13, 2006; McCluskey (who had replaced Hefley in Interim 2006) resigned from the General Assembly December 13, 2006, and he was not replaced on the Committee. Senator Shaffer and Representatives Witwer and Cerbo were present for this meeting. The votes shown below for Grossman, Marshall, and King are actually for Shaffer, Cerbo, and Witwer, respectively, i.e., Grossman's vote is actually Shaffer's vote, Marshall's vote is actually Cerbo's vote, and King's vote is actually Witwer's vote.

Also, Senator Veiga is vice-chair.

Representative McGihon called the meeting to order. She said the Committee is comprised of an interesting number of members. Representative Cerbo has been appointed by the Speaker to replace Representative Marshall, who resigned from the Committee. Senator Dyer and Representative McCluskey have resigned from the general assembly, so they are no longer members of the Committee.

Ed DeCecco, Senior Staff Attorney, Office of Legislative Legal Services, addressed agenda item 1a - Rules of the Tax Group, Taxpayer Service Division, Department of Revenue, the tax on the severance of molybdenum ore and the tax on the severance of coal, Regulations 39-29-104 and 39-29-106.1, 1 CCR 201-10.

Stuart Sanderson, President, Colorado Mining Association, testified before the Committee.
BILL:Agenda item 1a
TIME: 10:43:00 AM
MOVED:Veiga
MOTION:To extend rules 39-29-104 and 39-29-106.1 of the Taxpayer Service Division - no vote
SECONDED:Groff
VOTE
Carroll T.
Excused
Dyer
Groff
No
Hefley
King
Yes
Marshall
No
Mitchell
Yes
Veiga
No
Grossman
No
McGihon
No
Final YES: 2 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: FAIL

Mike Dohr, Senior Staff Attorney, Office of Legislative Legal Services, addressed agenda item 1b - Rules of the State Board of Health, Department of Public Health and Environment, concerning emergency medical services education and emergency medical technician certification, 6 CCR 1015-3.

Ann Hause, Director of Legal and Regulatory Affairs, Department of Public Health and Environment, testified before the Committee.
BILL:Agenda item 1b
TIME: 10:59:00 AM
MOVED:Shaffer
MOTION:To extend rule 5.2.1 C) 2) d. of the State Board of Health - no vote
SECONDED:Groff
VOTE
Carroll T.
Excused
Dyer
Groff
No
Hefley
King
Yes
Marshall
No
Mitchell
Yes
Veiga
No
Grossman
No
McGihon
No
Final YES: 2 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: FAIL

Jerry Barry, Senior Staff Attorney, Office of Legislative Legal Services, addressed agenda item 1c - Rules of the State Board of Human Services, Department of Human Services, concerning background screening fees, 12 CCR 2509-1.

Margery Bornstein, Department of Human Services, testified before the Committee.

YouLon Savage, Chair, State Board of Human Services, testified before the Committee.

Alicia Calderón, Assistant Attorney General, Attorney General's Office, testified before the Committee.

Alletta Bode, Vice President, Child Placement Agency Network, testified before the Committee.
BILL:Agenda item 1c
TIME: 11:25:00 AM
MOVED:Groff
MOTION:To extend rules 7.000.73 B. through G. of the State Board of Human Services - no vote
SECONDED:Veiga
VOTE
Carroll T.
Excused
Dyer
Groff
No
Hefley
King
Yes
Marshall
No
Mitchell
Yes
Veiga
No
Grossman
No
McGihon
No
Final YES: 2 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: FAIL

Representative McGihon said the Committee would proceed out of order to agenda item 1e, since there are people in the room for that issue.

Thomas Morris, Senior Staff Attorney, Office of Legislative Legal Services, addressed agenda item 1e - Rules of the Chief Engineer, Department of Transportation, concerning the Motorcycle Operator Safety Training Program (MOST), 2 CCR 602-3.

Herman Stockinger, Legislative Liaison, Department of Transportation, testified before the Committee.
BILL:Agenda item 1e
TIME: 11:35:00 AM
MOVED:Cerbo
MOTION:To extend rules of the Chief Engineer, 2 CCR 602-3, sections I. through XVI. - no vote
SECONDED:Shaffer
VOTE
Carroll T.
Excused
Dyer
Groff
No
Hefley
King
No
Marshall
No
Mitchell
No
Veiga
No
Grossman
No
McGihon
No
Final YES: 0 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL

Representative McGihon said we will go back to calling rules in order.

Julie Pelegrin, Senior Attorney, Office of Legislative Legal Services, addressed agenda item 1d - Rules of the State Board of Education, Department of Education, concerning Administration of the Educator Licensing Act of 1991, 1 CCR 301-37.
BILL:Agenda item 1d
TIME: 11:38:00 AM
MOVED:Witwer
MOTION:To extend rule 2260.5-R-2.01 (5), rule 2260.5-R-2.01 (6), and the introductory portion of rule 2260.5-R-23.00 of the State Board of Education - no vote
SECONDED:Shaffer
VOTE
Carroll T.
Excused
Dyer
Groff
No
Hefley
King
No
Marshall
No
Mitchell
No
Veiga
No
Grossman
No
McGihon
No
Final YES: 0 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL

Thomas Morris addressed agenda item 1f - Rules of the Director of the Office of Economic Development and International Trade, Office of the Governor, concerning certified capital companies' program, 8 CCR 1501-2.
BILL:Agenda item 1f
TIME: 11:43:00 AM
MOVED:Mitchell
MOTION:To extend the portion of the rule relating to the "Annual Audit by an Independent Certified Public Accountant" of the director of the Office of Economic Development and International Trade - no vote
SECONDED:Witwer
VOTE
Carroll T.
Excused
Dyer
Groff
No
Hefley
King
No
Marshall
No
Mitchell
No
Veiga
No
Grossman
No
McGihon
No
Final YES: 0 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL

Thomas Morris addressed agenda item 1g - Rules of the Commissioner of Insurance, Department of Regulatory Agencies, concerning surplus lines insurance issued by nonadmitted insurers, 3 CCR 702-2.

The assistant attorney general has submitted what's called a scrivener's correction to the secretary of state saying that it was a mistake, that they did not quote the statutory notice that should have been included in the rule. They misquoted the statute. They submitted this to the secretary of state saying they did it wrong and here's the corrected version. The secretary of state corrected it. We believe, therefore, that there's no need to make a motion on the rule.

Representative McGihon said the rule has been corrected and that lies within the secretary of state's office and the Committee need not consider whether to extend the rule or not. Mr. Morris said that is our Office's recommendation at this point.

John Hershey, Staff Attorney, Office of Legislative Legal Services, addressed agenda item 1h - Rules of the Secretary of State, Department of State, concerning elections, 8 CCR 1505-1.
BILL:Agenda item 1h
TIME: 11:49:00 AM
MOVED:Veiga
MOTION:To extend rules 26.2.2, 38.10, and 38.12 of the Secretary of State - no vote
SECONDED:Shaffer
VOTE
Carroll T.
Excused
Dyer
Groff
No
Hefley
King
No
Marshall
No
Mitchell
No
Veiga
No
Grossman
No
McGihon
No
Final YES: 0 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL

Steve Miller, Senior Staff Attorney, Office of Legislative Legal Services, addressed agenda item 1i - Rules of the Liquor Enforcement Division, Department of Revenue, concerning removal of alcohol beverages from premises, 1 CCR 203-2.
BILL:Agenda item 1i
TIME: 11:53:00 AM
MOVED:Groff
MOTION:To extend regulation 47-918. C. of the Division of Liquor Enforcement - no vote
SECONDED:Veiga
VOTE
Carroll T.
Excused
Dyer
Groff
No
Hefley
King
Excused
Marshall
No
Mitchell
No
Veiga
No
Grossman
No
McGihon
No
Final YES: 0 NO: 6 EXC: 2 ABS: 0 FINAL ACTION: FAIL

Representative Witwer took a 21(c) on this issue.

Chuck Brackney, Senior Staff Attorney for Rule Review addressed agenda item 1j - Rules of the Division of Oil and Public Safety, Department of Labor and Employment, concerning boilers and pressure vessels, 7 CCR 1101-14.
BILL:Agenda item 1j
TIME: 11:56:00 AM
MOVED:Mitchell
MOTION:To extend sections 5-1, 1-9, and 1-7-1(b) of the Division of Oil and Public Safety - no vote
SECONDED:Witwer
VOTE
Carroll T.
Excused
Dyer
Groff
No
Hefley
King
No
Marshall
No
Mitchell
No
Veiga
No
Grossman
No
McGihon
No
Final YES: 0 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL

Chuck Brackney addressed agenda item 1k - Rules of the Division of Veterans Affairs, Department of Military and Veterans Affairs, concerning the Veterans Memorial Cemetery of Western Colorado, 8 CCR 1509-1.

William Robinson, Deputy Director, Department of Military and Veterans Affairs, testified before the Committee.
BILL:Agenda item 1k
TIME: 12:02:00 PM
MOVED:Cerbo
MOTION:To extend rule 8 CCR 1509.3 A. (1) and the table accompanying 8 CCR 1509.3, which includes a fee schedule, and rule 1509.5 of the Adjutant General of the Division of Veteran Affairs - no vote
SECONDED:Veiga
VOTE
Carroll T.
Excused
Dyer
Groff
No
Hefley
King
No
Marshall
No
Mitchell
No
Veiga
No
Grossman
No
McGihon
No
Final YES: 0 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL

Chuck Brackney addressed agenda item 1l - Rules of the State Board of Stock Inspection Commissioners, Department of Agriculture, concerning stock inspection fees, 8 CCR 1205-6.
BILL:Agenda item 1l
TIME: 12:03:00 PM
MOVED:Shaffer
MOTION:To extend rules 4.3.2, 4.3.3, 4.3.4, and 4.4 of the State Board of Stock Inspection Commissioners - no vote
SECONDED:Veiga
VOTE
Carroll T.
Excused
Dyer
Groff
No
Hefley
King
No
Marshall
No
Mitchell
No
Veiga
No
Grossman
No
McGihon
No
Final YES: 0 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL

Chuck Brackney addressed agenda item 1m - Rules of the Medical Services Board, Department of Health Care Policy and Financing, concerning home and community based services for the elderly, blind and disabled, 10 CCR 2505-10.
BILL:Agenda item 1m
TIME: 12:06:00 PM
MOVED:Shaffer
MOTION:To extend rule 8.518.14.B. 3. of the Medical Services Board - no vote
SECONDED:Veiga
VOTE
Carroll T.
Excused
Dyer
Groff
No
Hefley
King
No
Marshall
No
Mitchell
No
Veiga
No
Grossman
No
McGihon
No
Final YES: 0 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL

Chuck Brackney addressed agenda item 1n - Rules of the State Banking Board, Department of Regulatory Agencies, concerning trust companies, 3 CCR 701-6.
BILL:Agenda item 1n
TIME: 12:07:00 PM
MOVED:Shaffer
MOTION:To extend rule TC 5 of the State Banking Board - no vote
SECONDED:Veiga
VOTE
Carroll T.
Excused
Dyer
Groff
No
Hefley
King
No
Marshall
No
Mitchell
No
Veiga
No
Grossman
No
McGihon
No
Final YES: 0 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL

Representative McGihon said at this point, the Committee's lunch is here and the Committee needs to go into executive session. The Committee will go off line for a little bit, grab our lunches, and we will come back and be sure we comply with executive session procedures.

12:08 p.m.

The Committee recessed.

12:15 p.m.
The Committee returned from recess.

Representative McGihon addressed agenda item 3 - Executive Session. She said the Committee has reconvened for the purpose of an executive session. She asked Mr. Pike to explain the executive session.

Mr. Pike said we need to discuss a matter that will require the Committee's consideration of the possibility of retaining counsel to represent several members of the general assembly. The first thing I would like to ask is that the Committee take a vote to go into executive session and at that point I will explain further what the matter relates to.

Representative McGihon said in order to comply with the statutory requirements, this will have to prevail by a two-thirds vote.
BILL:Agenda item 3 - Executive Session
TIME: 12:15:00 PM
MOVED:Veiga
MOTION:That the Committee go into executive session to consider counsel for members of the general assembly
SECONDED:Groff
VOTE
Carroll T.
Excused
Dyer
Groff
Yes
Hefley
King
Yes
Marshall
Yes
Mitchell
Yes
Veiga
Yes
Grossman
Yes
McGihon
Yes
Final YES: 7 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

Representative McGihon said the Committee will conduct an executive session in accordance with section 24-6-402 (3)(a)(III), C.R.S., to receive confidential attorney-client communications with Mr. Pike. At this point the Committee will comply with the statutory requirements of an internal recording. The Committee went into executive session.

12:35 a.m.

The Committee returned from executive session. Representative McGihon said the Committee is back on the internet. The executive session is completed and the system has been turned back on. (See attachments at the end of these minutes for the signed attestations of Representative McGihon and Mr. Pike regarding the executive session.) She said the Committee will complete the agenda items.
BILL:Agenda item 3 - Retain Counsel
TIME: 12:35:00 PM
MOVED:Veiga
MOTION:That the general assembly retain outside counsel from McKenna Long & Aldridge to represent the three members of the general assembly and one member-elect in the election contest. Senator Veiga moved to amend her motion to add any new members or members-elect of the general assembly to be included in representation by outside counsel that we are voting to retain.
SECONDED:Shaffer
VOTE
Carroll T.
Excused
Dyer
Groff
Yes
Hefley
King
Yes
Marshall
Yes
Mitchell
Yes
Veiga
Yes
Grossman
Yes
McGihon
Yes
Final YES: 7 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

Representative McGihon said the Committee will return to the two items remaining on the agenda.

Debbie Haskins, Senior Attorney, Office of Legislative Legal Services, addressed agenda item 2 - Approval of the Rule Review Bill and Sponsorship of the Rule Review Bill and Other Committee on Legal Services Bills: Revisors' Bill and the Bill to Enact C.R.S.
BILL:Agenda item 2
TIME: 12:41:00 PM
MOVED:Witwer
MOTION:To approve the rule review bill with the amendments discussed. Representative Witwer moved to amend his motion to approve the bill with the amendments discussed ,with all members of the Committee being co-sponsors.
SECONDED:Veiga
VOTE
Carroll T.
Excused
Dyer
Groff
Yes
Hefley
King
Yes
Marshall
Yes
Mitchell
Yes
Veiga
Yes
Grossman
Yes
McGihon
Yes
Final YES: 7 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

Ms. Haskins said the other two bills the Committee sponsors are the revisor's bill and the bill to enact the C.R.S. We don't need to approve those, we just need to determine who would like to be the sponsors of those bills. It doesn't matter which house or who the sponsors are, we just need sponsors. Representative Witwer and Senator Shaffer said they would sponsor the revisor's bill. Representative Cerbo and Senator Groff said they would sponsor the bill to enact the C.R.S.

The Committee next discussed emergency rule-making.

1:12 a.m.

The Committee adjourned.