J_LS_2019A 02/07/2019 08:17:54 AM Committee Summary

Brita Darling, Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Ms. Darling presented the Office's memorandum concerning the uncontested rule issue of the Colorado State Board of Education to the Committee and recommended that the rule not be extended.

Thomas Morris, Managing Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Mr. Morris presented the Office's memorandum concerning the uncontested rule issues of the Division of Oil and Public Safety and recommended that the rules not be extended.

Representative Weissman and Mr. Morris clarified what the phrase a "nationally recognized organization or association" meant in the rules.

Representative Soper was present at 8:30 AM.

Greg Johnson from the Division of Oil and Public Safety testified before the Committee. Mr. Johnson informed the Committee that the division had drafted rule changes to address the issues and that a rule-making hearing would be taking place.

Representative Van Winkle was present at 8:35 AM.

Christy Chase, Assistant Director, and Sharon Eubanks, Director, Office of Legislative Legal Services, testified before the Committee. Ms. Chase presented the Office's 2019-20 FY budget proposal based on the current direction from the Joint Budget Committee and the Governor's office.

Representative Soper and Ms. Eubanks discussed the Office's structural orgnaization.

Representative Snyder and Ms. Eubanks discussed the turn over rate in the Office.

Senator Gardner and Ms. Eubanks discussed the annual membership fee for membership in the Employer's Council.

Senator Rogriguez and Ms. Chase discussed why there is a separate section in the Office's budget for the Commission on Uniform State Laws.

Ms. Chase provided the Committee with an update on the Title 12 Recodification bill. Representative Weissman and Ms. Chase discussed technical amendments that will be required for other bills this session due to the recodification of Title 12.

Senator Cooke updated the Committee on what has happened since the Committee sent the Department of Public Health and Environment (CDPHE) a letter from the Committee requesting documents.

Representative Herod was present at 9:00 AM.

Ann Hause, Director of the Office of Legal and Regulatory Compliance for CDPHE, testified before the Committee. Ms. Hause gave an overview of CDPHE's actions regarding the initial CORA request and the letter sent by the Committee.

Senator Cooke and Ms. Hause discussed when documents were provided by CDPHE to Senator Cooke via email and also the process by which the Office of Information Technology (OIT) disables the accounts of employees who are no longer employed by CDPHE.

Representative Snyder and Ms. Hause discussed whether a CORA request by a state senator would function the same way as a litigation hold for purposes of OIT disabling a former employee's account.

Senator Gardner and Ms. Hause discussed whether CDPHE could conduct a search of emails using search terms to find documents related to a CORA request and also whether CDPHE has a policy regarding CORA requests from members of the legislature.

Representative Snyder and Ms. Hause discussed retention and deletion of employees' electronic files within the department.

Representative Herod and Ms. Hause discussed whether CDPHE should hold files for CORA requests.

Representative Weissman and Ms. Hause discussed the crossover between CORA and the retention of records policy for departing employees.

Representative Soper and Ms. Hause discussed whether there is a difference in retention of records if an employee leaves voluntarily or involuntarily.

Representative Snyder and Ms. Hause discussed what material CDPHE elected to disclose.