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J_LS_2016A 12/19/2016 09:18:01 AM Committee Summary

Final

STAFF SUMMARY OF MEETING



COMMITTEE ON LEGAL SERVICES

Date: 12/19/2016
ATTENDANCE
Time: 09:18 AM to 11:46 AM
Dore
*
Johnston
X
Place: HCR 0112
Kagan
X
McCann
E
This Meeting was called to order by
Roberts
X
Representative Foote
Scott
X
Steadman
X
This Report was prepared by
Willett
E
Owen Colling
Scheffel
E
Foote
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Rules of Division of Motor Vehicles, Department of Revenue, concerning motor vehicle emissions inspection program

Rules of the Taxpayer Service Division, Department of Revenue, concerning mandatory electronic funds transfer

Rules of the Marijuana Enforcement Division, Department of Revenue, concerning medical marijuana and retail marijuana

Update on request of the Committee to review out-of-cycle rules of the department of human services

Committee Bills and Sponsorship of Committee Bills

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

Scheduled Meetings During Session
Rule Not Extended

Rule Not Extended

No Action Taken

No Action Taken

Rule Review Bill and LLS 17-0223 Approved

Letter to be sent to the Executive Committee

No Action Taken

agenda20161219.pdfagenda20161219.pdfminutes20161219.pdfminutes20161219.pdf



160422KRK.pdf160422KRK.pdf



09:18 AM -- Rules of Division of Motor Vehicles, Department of Revenue, concerning motor vehicle emissions inspection program





09:19 AM --
Kip Kolkmeier, Staff Attorney, Office of Legislative Legal Services, addressed agenda item 1. a. -- Rules of Division of Motor Vehicles, Department of Revenue, concerning motor vehicle emissions inspection program – Rule 2, emissions inspection, 1 CCR 204-1 (LLS Docket No. 160422; SOS Tracking No. 2016 00394).

09:25 AM --
Laurie Benallo, Operations Manager for the Emissions Program, Department of Revenue, and Randall Cherry, Department of Law, testified before the Committee.

BILL: Rules of Division of Motor Vehicles, Department of Revenue, concerning motor vehicle emissions inspection program
TIME: 09:33:29 AM
MOVED: Steadman
MOTION: Moved to extend Rules 1.0 through 12.0 of Rule 2 of the Division of Motor Vehicles and asked for a no vote. The motion failed on a vote of 0-6 and the rules are not extended.
SECONDED: Kagan
VOTE
Dore
Excused
Johnston
No
Kagan
No
McCann
Excused
Roberts
No
Scott
No
Steadman
No
Willett
Excused
Scheffel
Excused
Foote
No
Final YES: 0 NO: 6 EXC: 4 ABS: 0 FINAL ACTION: FAIL



160055evm.pdf160055evm.pdf



09:35 AM -- Rules of the Taxpayer Service Division, Department of Revenue, concerning mandatory electronic funds transfer





09:35 AM --
Esther van Mourik, Senior Attorney, Office of Legislative Legal Services, addressed agenda item 1. b. -- Rules of the Taxpayer Service Division, Department of Revenue, concerning mandatory electronic funds transfer, 1 CCR 201-4 (LLS Docket No. 160055; SOS Tracking No. 2015 00333).

09:39 AM --
Phillip Horwitz, Director Taxpayer Services Division, Department of Revenue, testified before the Committee.

BILL: Rules of the Taxpayer Service Division, Department of Revenue, concerning mandatory electronic funds transfer
TIME: 10:00:42 AM
MOVED: Roberts
MOTION: Moved to extend the Rule 39-26-105.5 (4) of the Taxpayer Service Division and asked for a no vote. The motion failed on a vote of 0-7 and the rule is not extended.
SECONDED: Steadman
VOTE
Dore
No
Johnston
No
Kagan
No
McCann
Excused
Roberts
No
Scott
No
Steadman
No
Willett
Excused
Scheffel
Excused
Foote
No
Final YES: 0 NO: 7 EXC: 3 ABS: 0 FINAL ACTION: FAIL



160427&428mjd.pdf160427&428mjd.pdfMED Powerpoint - Medical Marijuana Business Operator Registration.pdfMED Powerpoint - Medical Marijuana Business Operator Registration.pdfMED Powerpoint - Def Direct Beneficial Interest Owner.pdfMED Powerpoint - Def Direct Beneficial Interest Owner.pdf



10:11 AM -- Rules of the Marijuana Enforcement Division, Department of Revenue, concerning medical marijuana and retail marijuana





10:11 AM --
Michael Dohr, Managing Senior Attorney, Office of Legislative Legal Services, addressed agenda item 1. c. -- Rules of the Marijuana Enforcement Division, Department of Revenue, concerning medical marijuana and retail marijuana, 1 CCR 212-1 and 1 CCR 212-2 (LLS Docket No. 160427 and 160428; SOS Tracking No. 2016 00342 and 2016-00343).

10:23 AM --
Ron Kammerzell, Senior Director Marijuana Enforcement Division, Department of Revenue, and Claudia Brett Goldin, First Assistant Attorney General, testified before the Committee.

BILL: Rules of the Marijuana Enforcement Division, Department of Revenue, concerning medical marijuana and retail marijuana
TIME: 11:11:19 AM
MOVED: Kagan
MOTION: Move to extend Rules M 1700 through M 1704 and the definition of "medical marijuana business operator" in Rule M 103 of the Marijuana Enforcement Division and asked for no vote. The motion was not seconded and died due to lack of a second.
SECONDED:
VOTE
Dore
Johnston
Kagan
McCann
Excused
Roberts
Scott
Steadman
Willett
Excused
Scheffel
Excused
Foote
YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION:


BILL: Rules of the Marijuana Enforcement Division, Department of Revenue, concerning medical marijuana and retail marijuana
TIME: 11:12:05 AM
MOVED: Kagan
MOTION: Moved to extend the definition of "direct beneficial interest owner" in Rules M 103 and R 103 of the Marijuana Enforcement Division and asked for a no vote. The motion was not seconded and died due to lack of a second.
SECONDED:
VOTE
Dore
Johnston
Kagan
McCann
Excused
Roberts
Scott
Steadman
Willett
Excused
Scheffel
Excused
Foote
YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION:







11:13 AM -- Update on request of the Committee to review out-of-cycle rules of the department of human services





11:14 AM --
Mike Dohr addressed agenda item 2 -- Update on request of the Committee to review out-of-cycle rules of the department of human services relating to fraud penalties that were similar to the fraud rule on LEAP that the Committee voted not to extend at the November 17 meeting. Mike Dohr reported that the out-of-cycle rules are authorized by a specific statute so the staff did not prepare a memo for the Committee.





APA Scrivener's Error Bill Redraft - LLS 17-0223.03.pdfAPA Scrivener's Error Bill Redraft - LLS 17-0223.03.pdf



11:18 AM -- Committee Bills and Sponsorship of Committee Bills



11:18 AM --
Debbie Haskins, Assistant Director, Office of Legislative Legal Services addressed agenda item 3 -- Committee Bills and Sponsorship of Committee Bills:

-Rule Review Bill

-Revisor's Bill

-Bill to Enact the C.R.S.

-LLS 17-0223 – Bill to amend the Administrative Procedures Act to

allow a streamlined process for correcting statutory citations

in executive branch agency rules



11:22 AM --
Jennifer Gilroy, Revisor of Statutes, Office of Legislative Legal Services, testified before the Committee.



11:28 AM --
Thomas Morris, Managing Senior Attorney, Office of Legislative Legal Services, testified before the Committee.








BILL: Committee Bills and Sponsorship of Committee Bills
TIME: 11:20:41 AM
MOVED: Johnston
MOTION: Moved the approval of the Rule Review Bill as introduced with permission for Ms. Haskins to add the rules that were not extended at today's meeting. The motion passed without objection.
SECONDED: Foote
VOTE
Dore
Johnston
Kagan
McCann
Excused
Roberts
Scott
Steadman
Willett
Excused
Scheffel
Excused
Foote
Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: Committee Bills and Sponsorship of Committee Bills
TIME: 11:29:43 AM
MOVED: Kagan
MOTION: Moved that the redraft of LLS 17-0223 be approved. The motion passed without objection.
SECONDED: Steadman
VOTE
Dore
Johnston
Kagan
McCann
Excused
Roberts
Scott
Steadman
Willett
Excused
Scheffel
Excused
Foote
Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection



Summary-of-OLLS-recommendations-re-member-files.pdfSummary-of-OLLS-recommendations-re-member-files.pdfAddendums-FG.pdfAddendums-FG.pdfQ & A Memo Member Files for COLS.pdfQ & A Memo Member Files for COLS.pdfPosition Statement on Attorney-Client Relationship.pdfPosition Statement on Attorney-Client Relationship.pdf



11:31 AM -- Consideration of Adoption of a Revised Retention of Records Policy for Legislative Member Files





11:31 AM --
Debbie Haskins and Dan Cartin, Director, Office of Legislative Legal Services, addressed agenda item 4 -- Consideration of Adoption of a Revised Retention of Records Policy for Legislative Member Files.

BILL: Consideration of Adoption of a Revised Retention of Records Policy for Legislative Member Files
TIME: 11:40:48 AM
MOVED: Dore
MOTION: Moved that the Committee recommend, as per the Office of Legislative Legal Services, a letter to go to the Executive Committee with the Committee's recommendation that they take up the proposed retention of records policy. The motion passed without objection.
SECONDED: Roberts
VOTE
Dore
Johnston
Kagan
McCann
Excused
Roberts
Scott
Steadman
Willett
Excused
Scheffel
Excused
Foote
Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection







11:45 AM -- Scheduled Meetings During Session





11:45 AM --
Debbie Haskins addressed agenda item 5 -- Scheduled Meetings During Session.