J_LS_2016A 12/19/2016 Committee Summary
Final
STAFF SUMMARY OF MEETING
COMMITTEE ON LEGAL SERVICES
Date: | 12/19/2016 |
ATTENDANCE
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Time: | 09:18 AM to 11:46 AM |
Dore
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*
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Johnston
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X
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Place: | HCR 0112 |
Kagan
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X
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McCann
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E
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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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X
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Steadman
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X
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This Report was prepared by |
Willett
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E
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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 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.pdfminutes20161219.pdf
160422KRK.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
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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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No
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McCann
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Excused
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Roberts
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No
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Scott
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No
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Steadman
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No
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Willett
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Excused
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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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160055evm.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
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Dore
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No
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Johnston
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No
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Kagan
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No
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McCann
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Excused
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Roberts
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No
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Scott
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No
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Steadman
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No
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Willett
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Excused
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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: 7 EXC: 3 ABS: 0 FINAL ACTION: FAIL
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160427&428mjd.pdfMED Powerpoint - Medical Marijuana Business Operator Registration.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
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Dore
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Johnston
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Kagan
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McCann
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Excused
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Roberts
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Scott
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Steadman
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Willett
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Excused
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Scheffel
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Excused
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Foote
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YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION:
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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
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Dore
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Johnston
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Kagan
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McCann
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Excused
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Roberts
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Scott
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Steadman
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Willett
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Excused
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Scheffel
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Excused
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Foote
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YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION:
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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.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. |
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SECONDED: | Foote | |
VOTE
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Dore
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Johnston
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Kagan
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McCann
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Excused
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Roberts
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Scott
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Steadman
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Willett
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Excused
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Scheffel
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Excused
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Foote
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Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection
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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
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Dore
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Johnston
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Kagan
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McCann
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Excused
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Roberts
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Scott
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Steadman
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Willett
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Excused
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Scheffel
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Excused
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Foote
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Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection
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Summary-of-OLLS-recommendations-re-member-files.pdfAddendums-FG.pdfQ & A Memo Member Files for COLS.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
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Dore
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Johnston
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Kagan
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McCann
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Excused
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Roberts
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Scott
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Steadman
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Willett
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Excused
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Scheffel
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Excused
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Foote
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Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection
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11:45 AM -- Scheduled Meetings During Session
11:45 AM -- Debbie Haskins addressed agenda item 5 -- Scheduled Meetings During Session.