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J_LS_2021A 02/25/2021 08:31:45 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON LEGAL SERVICES
Date 02/25/2021
Attendance
Buckner X
Cooke X
Gardner X
Ginal X
Herod *
Snyder X
Van Winkle *
Weissman X
Soper X
Lee X
Time 08:31:45 AM to 09:37:24 AM
Place Old State Library
This Meeting was called to order by Lee
This Report was prepared by Owen Colling
Hearing Items Action Taken
Rules of agencies in the Department of Regulatory Agencies concerning the implementation of H.B. 20-1326 Rules were not extended
Rules of agencies in the Department of Regulatory Agencies concerning the implementation of S.B. 20-102 Rules were not extended
Approval of the OLLS Budget for FY 2021-22 Budget was approved
Bill Draft Presentation for Proposal to Amend §24-4-103, C.R.S.: Notice to Bill Sponsors Concerning Rule-making Bill approved for introduction

Rules of agencies in the Department of Regulatory Agencies concerning the implementation of H.B. 20-1326 - Rules were not extended


08:33:16 AM  

Thomas Morris, Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Mr. Morris presented the Office's rule memorandum concerning the uncontested rule issues of the Division of Professions and Occupations, Department of Regulatory Agencies, concerning the implementation of H.B. 20-1326. Mr. Morris explained that the bill allowed for the portability of credentials awarded by other states and US territories, but the rules also allowed for portability of credentials awarded by other countries and therefore conflict with the statute.

Senator Lee summarized his understanding of the rules issues.

Representative Weissman discussed the portability of credentials earned in a foreign country. Senator Lee explained the underlying motivation for the bill passed last session.



08:44:19 AM
Motion I move that the following rules be extended: Rules 1.12 C. and D. of the State Board of Social Work Examiners; Rules 1.12 C. and D. of the Board of Licensed Professional Counselor Examiners; Rules 1.12 C. and D. of the State Board of Psychologists Examiners; Rule 1.12 D. of the Board of Addiction Counselor Examiners; Rules 1.12 C. and D. of the Board of Marriage and Family Therapist Examiners; Rules 1.4. A., 1.4. B. 2., and 1.4. C. of the Director of the Division of Professions and Occupations for the Office of Barber And Cosmetology Licensure; Rule 1.2. A. 1. of the Director of the Division of Professions and Occupations for the Office of Hearing Aid Provider Licensure; Rule 1.2 A. 1. of the Director of the Division of Professions and Occupations for the Office of Audiology Licensure; and Rule 1.4 introductory portion of the Director of the Division of Professions and Occupations for the Office of Massage Therapy Licensure and I ask for a no vote.
Moved Soper
Seconded
Buckner No
Cooke No
Gardner No
Ginal No
Herod No
Snyder No
Van Winkle Excused
Weissman No
Soper No
Lee No
YES: 0   NO: 9   EXC: 1   ABS:  0   FINAL ACTION:  FAIL



Rules of agencies in the Department of Regulatory Agencies concerning the implementation of S.B. 20-102 - Rules were not extended


08:44:39 AM  

Christy Chase, Assistant Director, Office of Legislative Legal Services, testified before the Committee. Ms. Chase presented the Office's rule memorandum concerning the uncontested rule issues of the Division of Professions and Occupations, Department of Regulatory Agencies, concerning the implementation of S.B. 20-102. Ms. Chase explained the exemptions from the sexual misconduct disclosure requirements of a healthcare provider to a patient enacted by the bill and how the rules conflict with the exemptions in statute.



08:53:28 AM
Motion I move that the following rules be extended: Rule 1.35 E. 4. of the Board of Chiropractic Examiners; Rule 1.12 E. 4. of the Director of the Division of Professions and Occupations for the Office of Hearing Aid Provider Licensure; Rule 1.13 C. 4. of the Director of the Division of Professions and Occupations for the Office of Audiology Licensure; Rule 1.28 E. 4. of the Board of Nursing; Rule 1.22 E. 4. of the State Board of Psychologists Examiners; Rule 1.14 E. 4. of the Director of the Division of Professions and Occupations for the Office of Massage Therapy Licensure; Rule 1.23 E. 4. of the State Board of Social Work Examiners; Rule 1.6 E. 4. of the State Physical Therapy Board; Rule 1.16 E. 4. of the Board of Unlicensed Psychotherapists; Rule 1.13 E. 4. of the Director of the Division of Professions and Occupations for the Office of Athletic Trainer Licensure; Rule 1.22 E. 4. of the Board of Marriage and Family Therapist Examiners; Rule 1.23 E. 4. of the Board of Licensed Professional Counselor Examiners; Rule 1.12 E. 4. of the Director of the Division of Professions and Occupations for the Office of Acupuncture Licensure; Rule 1.24 E. 4. of the Director of the Division of Professions and Occupations for the Office of Direct-Entry Midwifery Registration; Rule 1.11 E. 4. of the Director of the Division of Professions and Occupations for the Office of Respiratory Therapy Licensure; Rule 1.23 E. 4. of the Board of Addiction Counselor Examiners; Rule 1.8 E. 4. of the Director of the Division of Professions and Occupations for the Office of Surgical Assistant and Surgical Technologist Registration; Rule 1.23 E. 4. of the Director of the Division of Professions and Occupations for the Office of Speech Language Pathology Certification; and Rule 1.19 E. 4. of the Director of the Division of Professions and Occupations for the Office of Naturopathic Doctor Registration and I ask for a no vote.
Moved Soper
Seconded
Buckner No
Cooke No
Gardner No
Ginal No
Herod No
Snyder No
Van Winkle No
Weissman No
Soper No
Lee No
YES: 0   NO: 10   EXC: 0   ABS:  0   FINAL ACTION:  FAIL



Approval of the OLLS Budget for FY 2021-22 - Budget was approved


08:54:40 AM  

Sharon Eubanks, Director, Office of Legislative Legal Services, and Ms. Chase testified before the Committee. Ms. Eubanks and Ms. Chase presented the proposed budgets for the Office of Legislative Legal Services and the Office of Legislative Workplace Relations for fiscal year 2021-22.

Senator Lee and Ms. Chase discussed the cost of storage for historic statutes volumes. Representative Snyder and Ms. Chase discussed how many historic volumes are stored.

Senator Gardner and Ms. Eubanks discussed the reduction in requested funding for CCUSL travel budget and the legal fees line item in the budget used to pay outside counsel.

Senator Cooke and Ms. Chase discussed the salary survey and cost of living adjustments.



09:21:46 AM
Motion I move that we approve the recommend budget request for OLLS and OLWR for fiscal year 2021-22
Moved Soper
Seconded
Buckner Yes
Cooke Yes
Gardner Yes
Ginal Yes
Herod Yes
Snyder Yes
Van Winkle Yes
Weissman Yes
Soper Yes
Lee Yes
Final YES: 10   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



Bill Draft Presentation for Proposal to Amend §24-4-103, C.R.S.: Notice to Bill Sponsors Concerning Rule-making - Bill approved for introduction


09:21:59 AM  

Jennifer Berman, Managing Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Ms. Berman presented the draft bill requested by the Committee to amend the statute that requires notices to members of the General Assembly about rule-making based on their previously passed legislation.

Senator Gardner and Ms. Berman discussed if the draft bill addresses staff concerns.

Representative Weissman and Ms. Berman discussed adding a safety clause to the draft bill. Representative Soper and Ms. Berman discussed whether an act subject to petition or safety clause would make a difference to staff workload.

Representatives Weissman and Van Winkle and Senators Gardner and Lee agreed to be prime sponsors and that the bill should start in the House. The rest of the Committee members agreed to cosponsor the bill.

Representative Weissman and Ms. Berman agreed to introduce the draft bill with an act subject to petition clause.

09:25:48 AM  

Ms. Berman discussed the Rule Review Bill with the Committee and explained that the rules not extended at today's meeting have been included in the bill. Senator Buckner agreed to be a cosponsor on the Rule Review Bill. The Committee decided the prime sponsors on the Rule Review Bill will be Senators Gardner and Lee and Representatives Soper and Herod.

The Committee asked the Office to review the rules of the Committee and come back with recommendations for any suggested updates or changes to the rules.



09:29:56 AM
Motion I move to approve the introduction of the draft bill before us, LLS 21-0793
Moved Soper
Seconded
Buckner Yes
Cooke Yes
Gardner Yes
Ginal Yes
Herod Yes
Snyder Yes
Van Winkle Yes
Weissman Yes
Soper Yes
Lee Yes
Final YES: 10   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


09:37:24 AM   The committee adjourned.