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J_LS_2021A 02/04/2021 08:08:58 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON LEGAL SERVICES
Date 02/04/2021
Attendance
Buckner *
Cooke *
Gardner X
Lee *
Rodriguez X
Snyder X
Soper X
Weissman X
Geitner X
Herod X
Time 08:08:58 AM to 09:02:46 AM
Place Old State Library
This Meeting was called to order by Herod
This Report was prepared by Owen Colling
Hearing Items Action Taken
Appointment of two nonlegislative attorney members to the Statutory Revision Committee Two new nonlegislative members appointed
Proposal to Discontinue Legislation Review by OLLS Proposal approved
Proposal to Repeal §24-4-103 (8)(e), C.R.S.: Notice to Bill Sponsors Concerning Rule-making Bill drafting permission given to amend notice requirements
1. Election of a Chair and Vice-chair Chair and Vice-chair elected
Meetings during the session - Proposed: Fourth Thursday of the month - 8:00 am. to 9:00 a.m Committee Discussion Only

Appointment of two nonlegislative attorney members to the Statutory Revision Committee - Two new nonlegislative members appointed


08:10:33 AM  

Kristen Forrestal, Managing Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Ms. Forrestal, who staffs the Statutory Revision Committee (SRC), explained the purpose of SRC and that the Committee on Legal Services appoints the two nonlegislative members to serve on SRC. Ms. Forrestal then introduced the applicants for the two nonlegislative SRC member positions.

Representative Weissman and Ms. Forrestall discussed a procedural question.



08:17:50 AM
Motion I move that Ms. Patricia Ho and Mr. Andrew Toft be appointed as nonlegislative members to the Statutory Revision Committee for the upcoming biennium
Moved Weissman
Seconded
Buckner Yes
Cooke Excused
Gardner Yes
Lee Excused
Rodriguez Yes
Snyder Yes
Soper Yes
Weissman Yes
Geitner Yes
Herod Yes
YES: 8   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS



Proposal to Discontinue Legislation Review by OLLS - Proposal approved


08:18:34 AM  

Jennifer Berman, Managing Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Ms. Berman presented a proposal to repeal legislation review letters, which are letters sent out to each executive department on an annual basis to let them know of all of the bills that passed in the previous session that require rule making.

Senator Gardner, Ms. Berman, and Julie Pelegrin, Deputy Director, Office of Legislative Legal Services, discussed what action the Office was requesting the Committee take.

Representative Weissman expressed his support for the motion and also mentioned that the Attorney General's office, as counsel for the executive branch agencies, provides the same notice to agencies as the letters.



08:26:50 AM
Motion I move that the Committee on Legal Services discontinue the requirement for legislation review letters to departments
Moved Gardner
Seconded
Buckner Yes
Cooke Yes
Gardner Yes
Lee Excused
Rodriguez Yes
Snyder Yes
Soper Yes
Weissman Yes
Geitner Yes
Herod Yes
YES: 9   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



Proposal to Repeal §24-4-103 (8)(e), C.R.S.: Notice to Bill Sponsors Concerning Rule-making - Bill drafting permission given to amend notice requirements


08:27:20 AM  

Ms. Berman presented the Office's proposal to repeal the notice to members concerning rule making and provided background on the proposal, including the number of notices that are sent to sponsors and co-sponsors of legislation and how some notices are sent years after legislation has passed.

Representative Herod and Ms. Berman discussed the possibility of sending notices only to sponsors and not to co-sponsors.

Representative Weissman and Ms. Berman discussed the possibility of scaling back the notice requirements while preserving the core function of the notices sent to members.

Representative Herod and Ms. Berman discussed how notices are sent to members about rules being adopted based on bills that passed many years ago.

Representative Soper and Ms. Berman discussed whether notices are sent when a rule is modified.

08:30:30 AM  

Representative Herod and Ms. Berman discussed the time allowed in bills for rule making and implementation and how sometimes rule making happens in phases.

Representative Weissman, Representative Herod, and Ms. Berman discussed the option of refining the timing for notices sent to members about rule making based on legislation.

Senator Gardner suggested that the Committee authorize drafting of a bill and select sponsors to work on the specifics of refining the notice procedures with the Office and then bring it to the Committee to approve for introduction.

Senators Gardner and Lee and Representatives Herod and Weissman were designated as prime sponsors for the bill draft.



08:48:04 AM
Motion I move that the Committee authorize the Office to begin drafting a bill to amend the requirements of the rule-making notices sent to members
Moved Weissman
Seconded
Buckner Yes
Cooke Yes
Gardner Yes
Lee Yes
Rodriguez Yes
Snyder Yes
Soper Yes
Weissman Yes
Geitner Yes
Herod Yes
YES: 10   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



1. Election of a Chair and Vice-chair - Chair and Vice-chair elected




08:51:00 AM
Motion I nominate my colleague Senator Lee to be the Chair of the Committee on Legal Services
Moved Rodriguez
Seconded
Buckner Yes
Cooke Yes
Gardner Yes
Lee Yes
Rodriguez Yes
Snyder Yes
Soper Yes
Weissman Yes
Geitner Yes
Herod Yes
YES: 10   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS
08:52:16 AM  

Senator Gardner and Ms. Pelegrin discussed the requirements for vice-chair in terms of chamber and party.

Senator Lee confirmed that, under the rules of the Committee, the chair and vice-chair must be members of opposite parties, and, when possible, one must be a member of the Senate and the other a member of the House.

 



09:01:06 AM
Motion I nominate Representative Soper as Vice-chair of the Committee on Legal Services
Moved Gardner
Seconded
Buckner Yes
Cooke Yes
Gardner Yes
Lee Yes
Rodriguez Yes
Snyder Yes
Soper Yes
Weissman Yes
Geitner Yes
Herod Yes
YES: 10   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



Meetings during the session - Proposed: Fourth Thursday of the month - 8:00 am. to 9:00 a.m - Committee Discussion Only




11:45:39 AM
After discussion, the Committee agreed to meet on the fourth Thursday of each month during the legislative session, from 8:00 a.m. to 9:00 a.m., unless the agenda for a meeting requires an earlier start time.


09:02:46 AM   The committee adjourned.