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J_LS_2019A 11/12/2019 09:01:24 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON LEGAL SERVICES
Date 11/12/2019
Attendance
Cooke X
Foote E
Gardner *
McCluskie X
Rodriguez X
Soper X
Van Winkle *
Weissman X
Herod X
Lee X
X = Present, E = Excused, A = Absent, * = Present after roll call
Time 09:01:24 AM to 10:02:01 AM
Place HCR 0107
This Meeting was called to order by Senator Lee
This Report was prepared by Owen Colling
Hearing Items Action Taken
Rules of the State Board of Stock Inspection Commissioners Rule was not extended
Rules of the Director of the Division of Oil and Public Safety Rules were not extended
Rules of the Mined Land Reclamation Board Rule was not extended

Rules of the State Board of Stock Inspection Commissioners - Rule was not extended


09:02:17 AM  

Yelana Love, Staff Attorney, Office of Legislative Legal Services, testified before the Committee. Ms. Love presented the Office's memorandum concerning the contested rule issue of the State Board of Stock Inspection Commissioners, Department of Agriculture, concerning the annual transportation permit for cattle.

09:03:03 AM  

Charles Kooyman, Senior Assistant Attorney General, and Chris Whitney, Brand Commissioner in the Department of Agriculture, testified before the Committee. Mr. Whitney explained that the general statute speaks to both bovine animals and alternative livestock and the rule only addresses the permitting of bovine animals because the intention of the rule is to address cattle only and that the Brand Board has the discretion in the future to promulgate a rule concerning permit fees for alternative livestock if necessary.

09:06:23 AM  

Senator Lee and Mr. Whitney discussed imposing fees on alternative livestock before adopting a rule dealing with their permitting and that there has never been an application for a transportation permit for alternative livestock.

09:06:58 AM  

Representative Weissman and Mr. Whitney discussed how the Board would react to an transportation permit application for alternative livestock and the federal and state regulations against alternative livestock moving freely.

09:09:06 AM  
Senator Gardner was present at 9:08 a.m.
09:09:26 AM  

Senator Lee and Mr. Whitney discussed that the rule only addresses one part of the statutory authority and maybe the statute predated the discovery of chronic wasting disease and the regulations against moving alternative livestock.

09:10:15 AM  

Senator Lee and Ms. Love discussed how the statue may need to be amended to deal with what is actually happening in practice because of the federal and state laws about the movement of alternative livestock, but that currently the statute does allow for the transportation of both bovine animals and alternative livestock and state agency rule making should not restrict what is allowed in statute.

09:12:29 AM  

Senator Lee and Mr. Whitney discussed Mr. Whitney's belief that the rule is not in violation of the statute.

09:16:18 AM  

Senator Lee and Mr. Kooyman discussed that any state law about the movement of alternative animals that is less restrictive than federal law is preempted under federal law.

09:18:20 AM  

Senator Gardner and Mr. Whitney discussed the Brand Board's position that the rule is not in conflict with statute just because it doesn't do one thing that is prohibited by federal law.

09:18:44 AM  
Representative Van Winkle was present at 9:17 a.m.
09:19:05 AM  

Representative Weissman discussed the similarity to a previous rule issue that came before the Committee and that, even though the Committee was in favor of the policy, there were issues between the statute and the rule that needed to be cleaned up by the legislature.

09:26:56 AM  

Senator Lee, Representative Herod, and Senator Gardner discussed the motion to not extended the rule and discussed possible legislation to fix the statute to work with current practice and federal law.



09:29:54 AM
Motion I move to extend Rule 2.1 of the rules of the State Board of Stock Inspection Commissioners and ask for a no vote
Moved Herod
Seconded
Cooke Yes
Foote Excused
Gardner Yes
McCluskie No
Rodriguez No
Soper No
Van Winkle Yes
Weissman No
Herod No
Lee No
YES: 3   NO: 6   EXC: 1   ABS:  0   FINAL ACTION:  FAIL



Rules of the Director of the Division of Oil and Public Safety - Rules were not extended


09:30:22 AM  

Thomas Morris, Managing Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Mr. Morris presented the Office's memorandum concerning the contested rule issues of the Director of the Division of Oil and Public Safety in the Department of Labor and Employment concerning explosives regulations.

09:37:32 AM  

Representative Weissman and Mr. Morris discussed the statutory rule-making authority of the Division within their own statutory provisions and within the Administrative Procedure Act (APA).

09:38:15 AM  

Katie Allison, Senior Assistant Attorney General, and Greg Johnson, Public Safety Manager for the Division of Oil and Public Safety, testified before the Committee. Ms. Allison discussed the history of this rule issue coming before the Committee and Division's belief that the rules do not violate the provisions of the APA.

09:39:50 AM  

Senator Lee and Ms. Allison discussed the language of the rule.

09:42:11 AM  

Senator Gardner and Ms. Allison discussed how hearings happen after emergency and nonemergency suspensions.

09:42:34 AM  

Mr. Morris explained that the rules don't require a hearing unless the premittee requests one and that the APA requires the Division to set a hearing regardless of whether it is requested. Ms. Allison explained that the APA requires a hearing and that the rules don't have to restate everything that is already in the APA.

09:49:58 AM  

Representative Soper and Ms. Allison discussed the process of a permit being suspended and a hearing occurring.

09:51:21 AM  

Senator Gardner and Ms. Allison discussed the language of the rule and the language of the APA and the differences between them.



09:54:54 AM
Motion I move to extend Rules 3-4 (A) and 3-4 (D) of the rules of the Director of the Division of Oil and Public Safety and ask for a no vote
Moved Herod
Seconded
Cooke No
Foote Excused
Gardner No
McCluskie No
Rodriguez No
Soper No
Van Winkle No
Weissman No
Herod No
Lee No
YES: 0   NO: 9   EXC: 1   ABS:  0   FINAL ACTION:  FAIL



Rules of the Mined Land Reclamation Board - Rule was not extended


09:55:15 AM  

Mr. Morris testified before the Committee and presented the Office's memorandum concerning the uncontested rule issue of the Mined Land Reclamation Board in the Department of Natural Resources concerning construction materials.

09:55:36 AM  

Scott Schultz, Colorado Attorney General's Office , and Mr. Kooyman testified before the Committee. Mr. Schultz discussed the Division's intent behind the language of the rule and also explained that the Division is not contesting the the Office's recommendation to not extend the rule.



10:01:15 AM
Motion I move to extend Rule 1.1 (50.1)(d) of the rules of the Mined Land Reclamation Board and ask for a no vote
Moved Herod
Seconded
Cooke No
Foote Excused
Gardner No
McCluskie No
Rodriguez No
Soper No
Van Winkle No
Weissman No
Herod No
Lee No
YES: 0   NO: 9   EXC: 1   ABS:  0   FINAL ACTION:  FAIL


10:02:01 AM   The committee adjourned.