J_LS_2021A 11/10/2021 01:33:47 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGJOINT COMMITTEE COMMITTEE ON LEGAL SERVICES Date 11/10/2021 Attendance Buckner X Cooke E Gardner X Herod E Rodriguez * Snyder X Van Winkle R Weissman X Soper R Lee X Time 01:33:47 PM to 03:47:54 PM Place HCR 0112 This Meeting was called to order by Lee This Report was prepared by Owen Colling Hearing Items Action Taken hProposed Changes to Rule Review Statutes Committee Discussion Only hRevision of Committee on Legal Services Rules Committee Discussion Only hProposed Statutory Change Regarding Retention of Attorneys Committee Discussion Only hProposed Change to Attorney Fee Committee Discussion Only hPermission to Draft Committee Bills Committee Discussion Only Proposed Changes to Rule Review Statutes - Committee Discussion Only 01:34:50 PM Jennifer Berman, OLLS, and Brita Darling, OLLS, proposed a memo of nonsubstantive changes to the rule review statutes, including removing obsolete language. 01:40:00 PM The committee authorized the OLLS to draft a committee bill to implement the proposed changes to the rule review statutes. 01:43:53 PM Motion I move that the committee authorize the OLLS to draft a bill to repeal section 24-4-108 and revise section 24-4-103 for the 2022 regular session Moved Gardner Seconded Buckner Yes Cooke Excused Gardner Yes Herod Excused Rodriguez Yes Snyder Yes Van Winkle Yes Weissman Yes Soper Yes Lee Yes YES: 8 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS Revision of Committee on Legal Services Rules - Committee Discussion Only 01:46:33 PM Julie Pelegrin, OLLS, testified on the proposed redrafted procedural rules for the Committee on Legal Services. 01:47:33 PM The committee considered rules regarding electing the chair and vice chair; the number of votes required to approve a motion; when a roll call vote is required; expressing the sentiment of the committee by motion, adoption of a resolution, or letter from the chair; polling committee members outside of a committee meeting; and reconsideration of actions taken. 01:48:12 PM The committee discussed and agreed to continue annual elections of the chair and vice chair as required in the current rule. 01:58:37 PM The committee discussed and decided to clarify the rule concerning a quorum to allow approval of a motion by a majority of a quorum or a majority of those present, whichever is greater. 02:02:22 PM The committee discussed and agreed that a roll call vote on a motion is required only when a member objects, except with regard to motions to extend a rule. 02:05:25 PM The committee discussed and decided to continue to authorize the committee to express sentiments by the adoption of a resolution or motion and to also allow an expression of sentiments by the chair by letter on the committee's behalf. 02:11:02 PM The committee discussed and agreed to continue authorizing the committee to take action by polling outside of a meeting on any question as long as the chair and vice chair agree that a poll is necessary because of the time sensitivity of the issue. If the committee takes action by poll, it must ratify the action by vote at the next committee hearing, except with regard to decisions to retain legal counsel. The committee discussed introducing a bill to amend the committee's statutes to codify the authorization for polling the committee as an exception to the open meetings law. 02:13:17 PM Sharon Eubanks, OLLS, testified on rules regarding polling of the committee. 02:30:15 PM The committee discussed and decided that for reconsideration, when sitting as a committee of reference, applicable House or Senate rules apply, and otherwise a new hybrid rule will apply. 02:39:24 PM The Committee directed the staff to make the necessary changes to the draft of committee rules, as discussed, and present the final draft of the rules to the Committee for approval at the December meeting. Proposed Statutory Change Regarding Retention of Attorneys - Committee Discussion Only 02:40:33 PM Motion I move that the committee authorize the OLLS to draft a bill to authorize the COLS to vote by polling on specified questions Moved Gardner Seconded Buckner Yes Cooke Excused Gardner Yes Herod Excused Rodriguez Yes Snyder Yes Van Winkle Yes Weissman Yes Soper Yes Lee Yes YES: 8 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS Proposed Change to Attorney Fee - Committee Discussion Only 02:42:45 PM Sharon Eubanks, OLLS, testified on the retention of legal counsel and proposed a draft request for letters of interest from attorneys for the purpose of creating a pre-approved group of attorneys from which the committee may choose to retain legal counsel to represent the legislative branch. After discussing the draft, the committee directed the OLLS to issue the request for letter of interest. 03:00:05 PM Sharon Eubanks, OLLS, discussed raising the attorney fee rate that the legislature pays when it retains counsel to represent the legislative branch. 03:02:19 PM The committee discussed and decided to raise the attorney fee rate from $200/hr to $250/hr. Permission to Draft Committee Bills - Committee Discussion Only 03:15:20 PM The committee gave OLLS permission to draft the Rule Review Bill, the Revisor's Bill, and the Bill to Enact the C.R.S. 03:15:28 PM Motion I move that the committee authorize the OLLS to draft the rule review bill for the 2022 legislative session Moved Gardner Seconded Buckner Yes Cooke Excused Gardner Yes Herod Excused Rodriguez Yes Snyder Yes Van Winkle Yes Weissman Yes Soper Excused Lee Yes YES: 7 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS 03:16:32 PM Motion I move that the committee authorize the OLLS to draft the bill to enact the C.R.S. for the 2022 legislative session Moved Gardner Seconded Buckner Yes Cooke Excused Gardner Yes Herod Excused Rodriguez Yes Snyder Yes Van Winkle Yes Weissman Yes Soper Excused Lee Yes YES: 7 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS 03:17:36 PM Motion I move that the committee authorize the OLLS to draft the revisor's bill for the 2022 legislative session Moved Gardner Seconded Buckner Yes Cooke Excused Gardner Yes Herod Excused Rodriguez Yes Snyder Yes Van Winkle Yes Weissman Yes Soper Excused Lee Yes YES: 7 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS 03:19:08 PM Sharon Eubanks, OLLS, testified on current staffing circumstances in the Office of Legislative Legal Services. 03:47:54 PM The committee adjourned.