Final
STAFF SUMMARY OF MEETING

COMMITTEE ON LEGAL SERVICES

Date:04/27/2012
ATTENDANCE
Time:12:22 PM to 01:31 PM
Brophy
X
Carroll
X
Place:SCR 354
Labuda
X
Levy
E
This Meeting was called to order by
Murray
X
Representative Gardner B.
Roberts
*
Schwartz
*
This Report was prepared by
Waller
X
Patty Amundson
Morse
X
Gardner B.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Rules of State Bd of Education concerning SB 10-191 and Teacher Effectiveness
HB12-1086
Approval of the Publications Contract with LexisNexis
Regular Meeting Date in the Legislative Session for the Committee
Defining the Use of the Word "must" in the C.R.S.		Rules extended
Amended, Referred to the Committee of the Whole
Contract was approved
No Action
No Action
Agenda&MemosApril 272012.pdf MinutesApril272012.pdf


12:23 PM -- Rules of State Bd of Education concerning SB 10-191 and Teacher Effectiveness

12:23 p.m. -- Jane Ritter, Senior Staff Attorney, Office of Legislative Legal Services, addressed agenda item 1a - Rules of the State Board of Education, Department of Education, concerning S.B. 10-191 and the appeals process related to the administration of a statewide system to evaluate the effectiveness of licensed personnel employed by school districts and boards of cooperative services, 1 CCR 301-87. She recommended that Rule 5.04 (A) (11) be repealed and that the remainder of the rules be extended.

12:33 p.m. -- Katy Anthes, Executive Director for Educator Effectiveness, Department of Education, and Kady Lanoha, Senior Policy Associate, Department of Education, testified together before the Committee. They recommended that Rule 5.04 (A) (11) not be repealed.

12:43 p.m. -- Senator Michael Johnston testified before the Committee, recommending that Rule 5.04 (A) (11) not be repealed.

12:49 p.m. -- Ms. Anthes testified again.

12:50 p.m. -- Senator Johnston testified again.
BILL:Rules of State Bd of Education concerning SB 10-191 and Teacher Effectiveness
TIME: 12:56:15 PM
MOVED:Morse
MOTION:That all of the rules of the State Board of Education of the Department of Education, concerning the process for nonprobationary teachers to appeal second consecutive performance evaluation ratings of ineffective or partially effective as adopted by the board on April 11, 2012, and which are included in the board's rules concerning the statewide system on educator effectiveness, be extended, effective May 15, 2012, in House Bill 12-1086, the annual rule review bill, and urged a yes vote. The motion passed on a vote of 9-0.
SECONDED:Brophy
VOTE
Brophy
Yes
Carroll
Yes
Labuda
Yes
Levy
Excused
Murray
Yes
Roberts
Yes
Schwartz
Yes
Waller
Yes
Morse
Yes
Gardner B.
Yes
Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



12:58 PM -- House Bill 12-1086

12:58 p.m. -- Senator Morse addressed agenda item 2 - Action on HB 12-1086 by Representative B. Gardner; also Senator Morse - Rule Review Bill. He asked for an aye vote on the bill.
BILL:HB12-1086
TIME: 12:59:43 PM
MOVED:Morse
MOTION:L.006. The motion passed without objection.
SECONDED:
VOTE
Brophy
Carroll
Labuda
Levy
Excused
Murray
Excused
Roberts
Schwartz
Waller
Morse
Gardner B.
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB12-1086
TIME: 01:01:08 PM
MOVED:Morse
MOTION:Moved House Bill 12-1086, as amended, to the Senate committee of the whole with a favorable recommendation. The motion passed on a vote of 8-0.
SECONDED:
VOTE
Brophy
Yes
Carroll
Yes
Labuda
Yes
Levy
Excused
Murray
Excused
Roberts
Yes
Schwartz
Yes
Waller
Yes
Morse
Yes
Gardner B.
Yes
Final YES: 8 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS
BILL:HB12-1086
TIME: 01:02:30 PM
MOVED:Schwartz
MOTION:That the bill go to the consent calendar in the Senate. Senator Brophy objected to the motion so the motion was disregarded.
SECONDED:
VOTE
Brophy
Carroll
Labuda
Levy
Excused
Murray
Excused
Roberts
Schwartz
Waller
Morse
Gardner B.
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:



01:03 PM -- Approval of the Publications Contract with LexisNexis

1:03 p.m. -- Jennifer Gilroy, Revisor of Statutes, Office of Legislative Legal Services, addressed agenda item 3 - Committee Approval of the Publications Contract with Lexis-Nexis. She outlined provisions in the contract and asked for the Committee's approval.
BILL:Approval of the Publications Contract with LexisNexis
TIME: 01:18:17 PM
MOVED:Morse
MOTION:To approve the contract, subject to final review by the Committee, and that Committee members be permitted to opt in to objecting to the contract and failing to opt in then the contract will be approved. The motion passed on a vote of 8-0.
SECONDED:Waller
VOTE
Brophy
Yes
Carroll
Yes
Labuda
Yes
Levy
Excused
Murray
Excused
Roberts
Yes
Schwartz
Yes
Waller
Yes
Morse
Yes
Gardner B.
Yes
Final YES: 8 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS



01:19 PM -- Regular Meeting Date in the Legislative Session for the Committee

1:19 p.m. -- Debbie Haskins, Assistant Director, Office of Legislative Legal Services, addressed agenda item 4 - Discussion of a Regular Meeting Date in the Legislative Session for the Committee on Legal Services. She recommended that the Committee establish a meeting date for the 3rd Friday in January, February, March, and April, from noon to 2 p.m.

After some discussion, the Committee directed Ms. Haskins to do further inquiry and think about whether the first Friday would work better.


01:26 PM -- Defining the Use of the Word "must" in the C.R.S.

1:26 p.m. -- Tom Morris, Senior Attorney, Office of Legislative Legal Services, addressed agenda item 5 - Consideration of a Committee Bill regarding Defining the Use of the Word "must" in the Colorado Revised Statutes. He presented an updated bill draft for the Committee's consideration.

1:29 p.m. -- Dan Cartin, Director, Office of Legislative Legal Services, testified before the Committee. He indicated that the Office will proceed with implementing "must" where appropriate, regardless of whether the Committee introduces the bill at this time.

The Committee decided to defer action on the bill draft, but encouraged the Office to move forward with the change.


1:31 p.m.

The Committee adjourned.