Final
STAFF SUMMARY OF MEETING

COMMITTEE ON LEGAL SERVICES

Date:11/17/2009
ATTENDANCE
Time:10:03 AM to 12:23 PM
Brophy
*
Carroll M.
X
Place:HCR 0112
Gardner B.
X
Kagan
X
This Meeting was called to order by
Levy
X
Senator Morse
Mitchell
X
Roberts
X
This Report was prepared by
Schwartz
X
Patty Amundson
Labuda
E
Morse
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Agenda item 1a - Rules of the Division of Real Estate
Agenda item 1b - Rules of the Public Utilities Commission
Agenda item 1c - Rules of the State Board of Human Services
Agenda item 2 - Proposal to Amend State APA
Agenda item 3 - Updating Bill Summaries
Agenda item 4 - Litigation Summary		FAILED - Rule Not Extended
FAILED - Rules Not Extended
FAILED - Rules Not Extended
PASSED
No Action
No Action
Senator Morse called the meeting to order.

10:04 a.m. -- Michael Dohr, Senior Staff Attorney, Office of Legislative Legal Services, addressed agenda item 1a - Rules of the Division of Real Estate, Department of Regulatory Agencies, concerning rules regarding real estate brokers, 4 CCR 725-1.

10:13 a.m. -- Terry Hugar, Office of the Attorney General, testified before the Committee.

10:18 a.m. -- Marcia Waters, Investigations and Compliance Director, Division of Real Estate, testified before the Committee.
BILL:Agenda item 1a - Rules of the Division of Real Estate
TIME: 10:27:52 AM
MOVED:Gardner B.
MOTION:To extend Rule A-15. of the Division of Real Estate - no vote
SECONDED:
VOTE
Brophy
Yes
Carroll M.
No
Gardner B.
No
Kagan
Yes
Levy
No
Mitchell
No
Roberts
No
Schwartz
No
Labuda
Excused
Morse
No
Final YES: 2 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL

10:31 a.m. -- Chuck Brackney, Senior Staff Attorney for Rule Review, Office of Legislative Legal Services, addressed agenda item 1b - Rules of the Public Utilities Commission, Department of Regulatory Agencies, concerning regulating transportation by motor vehicle, 4 CCR 723-6.

10:39 a.m. -- Dino Ioannides, Staff, Public Utilities Commission, and Mariya Barmak, Assistant Attorney General, testified before the Committee.
BILL:Agenda item 1b - Rules of the Public Utilities Commission
TIME: 10:55:13 AM
MOVED:Levy
MOTION:To extend Rule 6015. (d) and Rule 6015. (i) in its entirety of the Public Utilities Commission - no vote
SECONDED:
VOTE
Brophy
Yes
Carroll M.
No
Gardner B.
No
Kagan
Yes
Levy
No
Mitchell
No
Roberts
No
Schwartz
No
Labuda
Excused
Morse
No
Final YES: 2 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL

11:02 a.m. -- Doug Dean, Director, Public Utilities Commission, testified before the Committee.

11:05 a.m. -- Chuck Brackney addressed agenda item 1c - Rules of the State Board of Human Services, Department of Human Services, concerning the child welfare training academy, 12 CCR 2509-1.
BILL:Agenda item 1c - Rules of the State Board of Human Services
TIME: 11:14:09 AM
MOVED:Brophy
MOTION:To extend Rules 7.000.6 M., 7.000.6 N., 7.000.6 O., 7.000.6 P., 7.000.6 R. 6. b. 1), and 7.000.6 R. 6. b. 3) of the State Board of Human Services - no vote
SECONDED:
VOTE
Brophy
No
Carroll M.
No
Gardner B.
No
Kagan
No
Levy
No
Mitchell
No
Roberts
No
Schwartz
No
Labuda
Excused
Morse
No
Final YES: 0 NO: 9 EXC: 1 ABS: 0 FINAL ACTION: FAIL

11:16 a.m. -- Chuck Brackney, addressed agenda item 2 - Proposal to Amend the "State Administrative Procedure Act" Recommended by the Secretary of State's Office.

11:21 a.m. -- Candy Herring, Administrative Rules Program Manager, Office of the Secretary of State, testified before the Committee.

11:44 a.m. -- Debbi MacLeod, Director, State Publication Library and Depository Center, testified before the Committee.
BILL:Agenda item 2 - Proposal to Amend State APA
TIME: 11:50:40 AM
MOVED:Carroll M.
MOTION:To request the drafting of this concept that the Committee has been given with the clarification that a copy is not satisfied by a link, that it's the actual document, and that we make it 120 days unless finding for good cause to extend to 180.
Gardner amended the motion to include that the approval of emergency rules take place on a finding of imperative necessity by the agency head or commission director - the appropriate appointee - and that extensions beyond 120 days be done by the governor.
SECONDED:
VOTE
Brophy
Yes
Carroll M.
Yes
Gardner B.
Yes
Kagan
Yes
Levy
Yes
Mitchell
Yes
Roberts
Yes
Schwartz
Yes
Labuda
Excused
Morse
Yes
Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:57 a.m. -- Charley Pike, Director, Office of Legislative Legal Services, addressed agenda item 3 - Approval for Electronically Updating Bill Summaries During Session.

12:00 p.m. -- Ed DeCecco, Senior Staff Attorney, Office of Legislative Legal Services, testified before the Committee.

The Committee directed the Office to move forward, both with respect to making the changes for the bill summaries and with respect to interacting with the majority leaders and leadership to facilitate a rule change.

12:12 p.m. -- Sharon Eubanks, Deputy Director, Office of Legislative Legal Services, addressed agenda item 4 - Litigation Summary.

12:23 p.m.

The Committee adjourned.