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J_LS_2016A 11/17/2016 09:07:22 AM Committee Summary

Final

STAFF SUMMARY OF MEETING



COMMITTEE ON LEGAL SERVICES

Date: 11/17/2016
ATTENDANCE
Time: 09:07 AM to 11:50 AM
Dore
E
Johnston
X
Place: HCR 0112
Kagan
E
McCann
X
This Meeting was called to order by
Roberts
X
Representative Foote
Scott
E
Steadman
X
This Report was prepared by
Willett
X
Owen Colling
Scheffel
E
Foote
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Rules of the State Board of Human Services, Department of Human Services, concerning penalties for individuals convicted of fraud in the Low-Income Energy Assistance Program

Rules of the Director, Division of Oil and Public Safety, Department of Labor and Employment, concerning underground storage tanks and above ground storage tanks

Rules of the Water Quality Control Commission, Department of Public Health and Environment, concerning the Colorado discharge permit system

Consideration of Adoption of a Revised Retention of Records Policy for Legislative Member Files

Consideration of a Bill Draft to amend the Administrative Procedures Act to allow a streamlined process for correcting statutory citations in executive branch agency rules

Consideration of Title 12 Recodification Bills that Relocate Certain Articles from Title 12 to other Titles in the Colorado Revised Statutes

Non-rule Directives by Executive Branch Agencies
Rule not extended

Rules not extended

Rule not extended

No action taken

Conceptual amendment & draft bill, as amended, approved

No action taken

No action taken



agenda20161117.pdfagenda20161117.pdf minutes20161117.pdfminutes20161117.pdf



09:08 AM -- Rules of the State Board of Human Services, Department of Human Services, concerning penalties for individuals convicted of fraud in the Low-Income Energy Assistance Program



160136-rts.pdf160136-rts.pdf Steve Johnson Handout.pdfSteve Johnson Handout.pdf



09:09 AM --
Richard Sweetman, Senior Attorney, Office of Legislative Legal Services, addressed agenda item 1 a – Rules of the State Board of Human Services, Department of Human Services, concerning penalties for individuals convicted of fraud in the Low-Income Energy Assistance Program (LEAP) (LLS Docket No. 160136; SOS Tracking No. 2015 00854).

09:15 AM --
Steve Johnson, Larimer County Commissioner and member of the State Board of Human Services, testified before the Committee

BILL: Rules of the State Board of Human Services, Department of Human Services, concerning penalties for individuals convicted of fraud in the Low-Income Energy Assistance Program
TIME: 09:34:08 AM
MOVED: Steadman
MOTION: Moved to extend Rule 3.751.56 of the State Board of Human Services and asked for a no vote. The motion failed on a vote of 1-5 and the rule was not extended.
SECONDED: Johnston
VOTE
Dore
Excused
Johnston
No
Kagan
Excused
McCann
No
Roberts
No
Scott
Excused
Steadman
No
Willett
Yes
Scheffel
Excused
Foote
No
Final YES: 1 NO: 5 EXC: 4 ABS: 0 FINAL ACTION: FAIL







09:35 AM -- Rules of the Director, Division of Oil and Public Safety, Department of Labor and Employment, concerning underground storage tanks and above ground storage tanks



160373-tm.pdf160373-tm.pdf



09:36 AM --
Thomas Morris, Managing Senior Attorney, Office of Legislative Legal Services, addressed agenda item 1 b – Rules of the Director, Division of Oil and Public Safety, Department of Labor and Employment, concerning underground storage tanks and above ground storage tanks (LLS Docket No. 160373; SOS Tracking No. 2016 00307).

BILL: Rules of the Director, Division of Oil and Public Safety, Department of Labor and Employment, concerning underground storage tanks and above ground storage tanks
TIME: 09:44:59 AM
MOVED: Steadman
MOTION: Moved to extend the definitions of "Fire resistant tank" and "Protected tank" in Rule 1-5 and Rules 2-1-1 (d) (2) (A); 2-1-1 (d) (2) (B); 2-1-1 (d) (2) (D); 2-2-1 (a) (1), including Note (A) and (B); 2-2-1 (a) (2) (iv) Note; 2-2-1 (a) (2) (iv) (A), (B), (C), and (D); 2-2-1 (a) (3) Note; 2-2-1 (a) (3) (A), (B), (C), and (D); 2-2-1 (b) (1) Note; 2-2-1 (b) (1) (A) and (B); 2-2-1 (b) (2) (iv) Note; 2-2-1 (b) (2) (iv) (A), (B), (C), (D), and (E); 2-3-4-1 (a) (2) Note; 2-3-6-1 (c) Note; 2-5-2 (d); 2-5-3 (b) (1) (A); 2-5-3 (b) (1) (C); 2-5-3 (b) (1) (D); 2-5-3 (d) (1) (v); 2-5-3 (d) (2) (iii); 3-2-1 (a) (1) (iii); 3-2-1 (c) (2) (i); 3-2-1 (d) (2); 3-2-1 (i) (4); 3-2-2-1 (c) and Table 1; 3-2-2-2 (d) (1) (i) and Table 4; 3-2-2-5 (f); 3-2-3 (c) (1); 3-2-3 (c) (3); 3-2-3 (c) (4); 3-3-1 (d) (6) and to extend Rule 1-8 and Rule 1-7 of the Director of the Division of Oil and Public Safety and asked for a no vote. The motion failed on a vote of 0-6 and the rules were not extended
SECONDED: Foote
VOTE
Dore
Excused
Johnston
No
Kagan
Excused
McCann
No
Roberts
No
Scott
Excused
Steadman
No
Willett
No
Scheffel
Excused
Foote
No
Final YES: 0 NO: 6 EXC: 4 ABS: 0 FINAL ACTION: FAIL







09:49 AM -- Rules of the Water Quality Control Commission, Department of Public Health and Environment, concerning the Colorado discharge permit system



160425-tm.pdf160425-tm.pdf



09:49 AM --
Thomas Morris addressed agenda item 1 c – Rules of the Water Quality Control Commission, Department of Public Health and Environment, concerning the Colorado discharge permit system, 5 CCR 1002-61 (LLS Docket No. 160425; SOS Tracking No. 2016 00302).



9:54 AM



The Committee recessed



10:02 AM



The Committee returned from recess

BILL: Rules of the Water Quality Control Commission, Department of Public Health and Environment, concerning the Colorado discharge permit system
TIME: 09:53:00 AM
MOVED: McCann
MOTION: Moved to extend Rule 61.15 (c) of the Water Quality Control Commission and asked for a no vote. The motion failed on a vote of 0-6 and the rule was not extended.
SECONDED: Willett
VOTE
Dore
Excused
Johnston
No
Kagan
Excused
McCann
No
Roberts
No
Scott
Excused
Steadman
No
Willett
No
Scheffel
Excused
Foote
No
Final YES: 0 NO: 6 EXC: 4 ABS: 0 FINAL ACTION: FAIL







10:03 AM -- Consideration of Adoption of a Revised Retention of Records Policy for Legislative Member Files




Summary-of-OLLS-recommendations-re-member-files.pdfSummary-of-OLLS-recommendations-re-member-files.pdf Addendums-FG.pdfAddendums-FG.pdf



10:03 AM --
Debbie Haskins, Assistant Director, Office of Legislative Legal Services, addressed agenda item 2 – Consideration of Adoption of a Revised Retention of Records Policy for Legislative Member Files

10:16 AM --
Dan Cartin, Director, Office of Legislative Legal Services, testified before the Committee



10:40 AM -- Consideration of a Bill Draft to amend the Administrative Procedures Act to allow a streamlined process for correcting statutory citations in executive branch agency rules



lls17-0223.pdflls17-0223.pdf



10:41 AM --
Thomas Morris addressed agenda item 3 – Consideration of a Bill Draft to amend the Administrative Procedures Act to allow a streamlined process for correcting statutory citations in executive branch agency rules

BILL: Consideration of a Bill Draft to amend the Administrative Procedures Act to allow a streamlined process for correcting statutory citations in executive branch agency rules
TIME: 10:53:46 AM
MOVED: Steadman
MOTION: Moved a conceptual amendment to LLS 17-0223.03, to amend the bill on page 2, line 17, by striking the word "amended" and substituting the word "relocated". The motion passed on a vote of 6-0.
SECONDED: Willett
VOTE
Dore
Excused
Johnston
Yes
Kagan
Excused
McCann
Yes
Roberts
Yes
Scott
Excused
Steadman
Yes
Willett
Yes
Scheffel
Excused
Foote
Yes
Final YES: 6 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS


BILL: Consideration of a Bill Draft to amend the Administrative Procedures Act to allow a streamlined process for correcting statutory citations in executive branch agency rules
TIME: 10:56:49 AM
MOVED: Steadman
MOTION: Moved that the Committee sponsor LLS 17-0223.03, as amended, as a bill from the Committee on Legal Services. The motion passed on a vote of 6-0.
SECONDED: Johnston
VOTE
Dore
Excused
Johnston
Yes
Kagan
Excused
McCann
Yes
Roberts
Yes
Scott
Excused
Steadman
Yes
Willett
Yes
Scheffel
Excused
Foote
Yes
Final YES: 6 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS







11:10 AM -- Consideration of Title 12 Recodification Bills that Relocate Certain Articles from Title 12 to other Titles in the Colorado Revised Statutes




lls17-0226.pdflls17-0226.pdflls17-0227.pdflls17-0227.pdflls17-0228.pdflls17-0228.pdflls17-0229.pdflls17-0229.pdflls17-0230.pdflls17-0230.pdflls17-0235.pdflls17-0235.pdflls17-0236.pdflls17-0236.pdflls17-0237.pdflls17-0237.pdflls17-0238.pdflls17-0238.pdflls17-0239.pdflls17-0239.pdflls17-0240.pdflls17-0240.pdflls17-0241.pdflls17-0241.pdflls17-0242.pdflls17-0242.pdf



11:10 AM --
Thomas Morris and Christy Chase, Managing Senior Attorney, Office of Legislative Legal Services, addressed agenda item 4 – Consideration of Title 12 Recodification Bills that Relocate Certain Articles from Title 12 to other Titles in the Colorado Revised Statutes

11:27 AM --
Michael Nicoletti, Legislative Liaison, Department of Public Health and Environment, testified before the Committee



11:36 AM -- Non-rule Directives by Executive Branch Agencies



11:50 AM



The Committee adjourned