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J_LS_2023A 12/04/2023 09:23:35 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON LEGAL SERVICES
Date 12/04/2023
Attendance
Dickson E
Gardner X
Hansen X
Mabrey X
Roberts X
Van Winkle X
Weissman X
Wilson X
Soper X
Gonzales X
Time 09:23:35 AM to 10:23:55 AM
Place Old State Library
This Meeting was called to order by Gonzales
This Report was prepared by Angela Titus
Hearing Items Action Taken
Rules of the Department of Revenue concerning wildfire mitigation measures Committee Discussion Only
Rules of the Colorado Department of Education on regional service areas Committee Discussion Only
Approval and Sponsorship of Committee Bills Committee Discussion Only
Update on XDOME Project Committee Discussion Only
Update on litigation and approved counsel Committee Discussion Only
Other business Committee Discussion Only

Rules of the Department of Revenue concerning wildfire mitigation measures - Committee Discussion Only
09:24:11 AM  
Megan McCall, Staff
Attorney, Office of Legislative Legal Services (OLLS), presents to the
committee what the OLLS believes is a conflict of two rules of the Executive
Director of the Department of Revenue (DOR) with the underlying statutes.
The first rule promulgated by the DOR concerns the wildfire mitigation
measures income tax subtraction in 1 CCR 201-2, Rule 39-22-104 (4)(n.5).
The second rule promulgated by the DOR concerns the wildfire mitigation
measures income tax credit in 1 CCR 201-2, Rule 39-22-543 (2) and (3).
These issues are uncontested, and a representative of the DOR is present
to address any questions from the committee. Because of the conflict, the
OLLS recommends these rules not be extended.
09:29:08 AM  
Chair Gonzales asks
the committee if members have questions.
09:30:30 AM  
Senator Roberts asks
Ms. McCall a clarifying question about not extending the rules and the
reasoning for the OLLS recommendation.
09:30:55 AM  
Ms. McCall responds
that not extending the rule will affect the way the tax credit is administered
and the recommendation is a result of the rule narrowing the scope of the
tax credit in a way that is inconsistent with the statute.
09:32:23 AM  
Representative Weissman
shares with the committee how this rule intersects with a bill being drafted
for the Tax Policy Interim Committee. The interim committee considered
exactly this deduction and credit and came to the conclusion that this
incentive is too low. Therefore the pending legislation will propose to
change the language to alter the scope of the tax incentive and clarify
for the DOR how to promulgate rules to conform to the statute.  
09:35:05 AM  
Ms. McCall comments
that as a result of the pending legislation, the DOR will need to promulgate
rules to address the changes to the statute moving forward in any case.
09:35:49 AM  
Senator Roberts asks
the representative of the DOR if he is aware of any examples of the hypotheticals
raised in the memo.
09:37:05 AM  
Josh Pens, Director
of Tax Policy for the DOR, responds that he has not reviewed these specific
claims, so he is not aware if any of these issues have occurred. He adds
that his staff recalls having questions during the rule making process
for the statute many years ago.
09:38:30 AM  
Senator Roberts asks
Mr. Pens why the rule issue is uncontested by the DOR.
09:38:53 AM  
Mr. Pens responds
that the DOR was able to work with the Tax Policy Interim Committee to
add clarifying language to the statute if the pending legislation passes,
and it wasn't worth the time to contest the issue if the DOR will need
to revise the regulation in any case.


09:40:00 AM
 Motion I move that Rule 39-22-104 (4)(n.5) (2) and (3) of the rules of the Department of Revenue's executive director concerning the wildfire mitigation measures subtraction be extended.
Moved Soper
Seconded
Dickson Excused
Gardner No
Hansen No
Mabrey No
Roberts No
Van Winkle No
Weissman No
Wilson No
Soper No
Gonzales No
YES: 0   NO: 9   EXC: 1   ABS:  0   FINAL ACTION:  FAIL


09:41:00 AM
 Motion I move that Rule 39-22-543 (2) and (3) of the rules of the Department of Revenue's executive director concerning the wildfire mitigation measures credit be extended.
Moved Soper
Seconded
Dickson Excused
Gardner No
Hansen No
Mabrey No
Roberts No
Van Winkle No
Weissman No
Wilson No
Soper No
Gonzales No
YES: 0   NO: 9   EXC: 1   ABS:  0   FINAL ACTION:  FAIL



Rules of the Colorado Department of Education on regional service areas - Committee Discussion Only
09:42:29 AM  
Alana Rosen, Staff
Attorney, OLLS, presents the State Board of Education's Rule 1 CCR 303-76,
2.01(2), which the office believes is in conflict with 22-5.5-105 (2)(a),
C.R.S. The issue is uncontested and a representative from the Department
of Education is present to answer any questions from the committee. Due
to the conflict, the OLLS recommends the rule not be extended.
09:46:15 AM  
Chair Gonzales asks
the committee if any members have questions.


09:46:33 AM
 Motion I move that Rule 2.01(2) of the rules of the State Board of Education concerning rules for the development, expansion, implementation, and management of the regional service areas be extended.
Moved Soper
Seconded
Dickson Excused
Gardner No
Hansen No
Mabrey No
Roberts No
Van Winkle No
Weissman No
Wilson No
Soper No
Gonzales No
YES: 0   NO: 9   EXC: 1   ABS:  0   FINAL ACTION:  FAIL



Approval and Sponsorship of Committee Bills - Committee Discussion Only
09:48:00 AM  
Brita Darling, Senior
Attorney, OLLS, and Jacob Baus, Senior Attorney, OLLS, request authorization
of the committee to draft the Rule Review bill.


09:52:30 AM
 Motion I move to authorize the OLLS to draft the 2024 Rule Review bill and it will originate in the House of Representatives.
Moved Weissman
Seconded
Dickson Excused
Gardner Yes
Hansen Yes
Mabrey Yes
Roberts Yes
Van Winkle Yes
Weissman Yes
Wilson Yes
Soper Yes
Gonzales Yes
YES: 9   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS
09:53:26 AM  
Chair Gonzales names
sponsors for the Rule Review bill. Prime sponsors are Representatives Weissman
and Soper, and Senators Gardner and Gonzales. Co-sponsors are Senators
Hansen and Roberts, and Representative Wilson.
09:54:36 AM  
Jennifer Gilroy,
Revisor of Statutes, OLLS, requests the committee's authorization to draft
the bill to Enact the 2023 C.R.S.


09:56:40 AM
 Motion I move to authorize the OLLS to draft the Bill to Enact the 2023 C.R.S., and it will originate in the House of Representatives.
Moved Soper
Seconded
Dickson Excused
Gardner Yes
Hansen Yes
Mabrey Yes
Roberts Yes
Van Winkle No
Weissman Yes
Wilson Yes
Soper Yes
Gonzales Yes
YES: 8   NO: 1   EXC: 1   ABS:  0   FINAL ACTION:  PASS
09:58:02 AM  
Chair Gonzales names
sponsors for the Bill to Enact the 2023 C.R.S. Prime sponsors are Representatives
Soper and Mabrey, and Senators Hansen and Gardner. Co-sponsors are Senators
Gonzales and Roberts, and Representative Weissman.
09:59:00 AM  
Representative Weissman
asks Ms. Gilroy to explain why a no vote to authorize the drafting of the
bill to Enact the 2023 C.R.S. does not count as a no vote for all of the
legislation passed in 2023.
09:59:20 AM  
Ms. Gilory explains
the issue.
10:00:43 AM  
Ms.Gilroy requests
the committee's authorization to draft the Revisor's bill and requests
sponsors.


10:02:47 AM
 Motion I move to authorize the OLLS to draft the Revisor's bill, and it will originate in the House of Representatives.
Moved Soper
Seconded
Dickson Excused
Gardner Yes
Hansen Yes
Mabrey Yes
Roberts Yes
Van Winkle Yes
Weissman Yes
Wilson Yes
Soper Yes
Gonzales Yes
YES: 9   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS
10:03:55 AM  
Chair Gonzales names
sponsors for the Revisor's bill. Prime sponsors are Senators Gonzales and
Gardner, and Representatives Soper and Weissman. Co-sponsors are Senators
Van Winkle, Hansen, and Roberts, and Representatives Wilson and Mabrey.



Update on XDOME Project - Committee Discussion Only
10:04:48 AM  
Ms. Gilroy updates
the committee on the status of the XDOME project and informs the committee
of plans to pursue RFPs for external vendors as a Plan B solution.
10:15:08 AM  
Chair Gonzales asks
the committee if any members have questions for Ms. Gilroy.



Update on litigation and approved counsel - Committee Discussion Only
10:18:12 AM  
Jeremiah Barry, Deputy
Director, OLLS, updates the committee on ongoing litigation and approved
counsel.
10:18:27 AM  
Chair Gonzales asks the committee if anyone has questions for Mr. Barry.



Other business - Committee Discussion Only
10:22:36 AM  
Senator Gardner asks
staff for projections on timeframes for upcoming committee meetings.
10:22:53 AM  
Mr. Barry is not
aware of the need for any meetings before session begins.


10:23:55 AM   The committee adjourned.






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