J_LS_2016A 11/17/2016 Committee Summary
Final
STAFF SUMMARY OF MEETING
COMMITTEE ON LEGAL SERVICES
| Date: | 11/17/2016 |
ATTENDANCE
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| Time: | 09:07 AM to 11:50 AM |
Dore
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E
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Johnston
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X
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| Place: | HCR 0112 |
Kagan
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E
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McCann
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X
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| This Meeting was called to order by |
Roberts
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X
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| Representative Foote |
Scott
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E
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Steadman
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X
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| This Report was prepared by |
Willett
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X
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| Owen Colling |
Scheffel
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E
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Foote
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X
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| 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 |
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agenda20161117.pdf minutes20161117.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.pdf Steve 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 | |
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VOTE
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Dore
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Excused
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Johnston
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No
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Kagan
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Excused
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McCann
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No
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Roberts
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No
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Scott
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Excused
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Steadman
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No
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Willett
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Yes
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Scheffel
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Excused
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Foote
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No
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Final YES: 1 NO: 5 EXC: 4 ABS: 0 FINAL ACTION: FAIL
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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.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 | |
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VOTE
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Dore
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Excused
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Johnston
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No
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Kagan
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Excused
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McCann
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No
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Roberts
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No
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Scott
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Excused
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Steadman
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No
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Willett
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No
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Scheffel
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Excused
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Foote
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No
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Final YES: 0 NO: 6 EXC: 4 ABS: 0 FINAL ACTION: FAIL
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09:49 AM -- Rules of the Water Quality Control Commission, Department of Public Health and Environment, concerning the Colorado discharge permit system
160425-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 | |
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VOTE
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Dore
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Excused
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Johnston
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No
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Kagan
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Excused
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McCann
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No
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Roberts
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No
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Scott
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Excused
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Steadman
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No
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Willett
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No
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Scheffel
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Excused
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Foote
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No
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Final YES: 0 NO: 6 EXC: 4 ABS: 0 FINAL ACTION: FAIL
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10:03 AM -- Consideration of Adoption of a Revised Retention of Records Policy for Legislative Member Files
Summary-of-OLLS-recommendations-re-member-files.pdf Addendums-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.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 | |
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VOTE
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Dore
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Excused
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Johnston
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Yes
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Kagan
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Excused
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McCann
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Yes
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Roberts
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Yes
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Scott
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Excused
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Steadman
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Yes
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Willett
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Yes
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Scheffel
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Excused
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Foote
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Yes
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Final YES: 6 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS
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| 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 | |
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VOTE
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|
Dore
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Excused
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Johnston
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Yes
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Kagan
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Excused
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McCann
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Yes
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Roberts
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Yes
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Scott
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Excused
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Steadman
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Yes
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Willett
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Yes
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Scheffel
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Excused
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Foote
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Yes
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Final YES: 6 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS
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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.pdflls17-0227.pdflls17-0228.pdflls17-0229.pdflls17-0230.pdflls17-0235.pdflls17-0236.pdflls17-0237.pdflls17-0238.pdflls17-0239.pdflls17-0240.pdflls17-0241.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