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J_LS_2021A 11/10/2021 01:33:47 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON LEGAL SERVICES
Date 11/10/2021
Attendance
Buckner X
Cooke E
Gardner X
Herod E
Rodriguez *
Snyder X
Van Winkle R
Weissman X
Soper R
Lee X
Time 01:33:47 PM to 03:47:54 PM
Place HCR 0112
This Meeting was called to order by Lee
This Report was prepared by Owen Colling
Hearing Items Action Taken
Proposed Changes to Rule Review Statutes Committee Discussion Only
Revision of Committee on Legal Services Rules Committee Discussion Only
Proposed Statutory Change Regarding Retention of Attorneys Committee Discussion Only
Proposed Change to Attorney Fee Committee Discussion Only
Permission to Draft Committee Bills Committee Discussion Only

Proposed Changes to Rule Review Statutes - Committee Discussion Only
01:34:50 PM  
Jennifer Berman,
OLLS, and Brita Darling, OLLS, proposed a memo of nonsubstantive changes
to the rule review statutes, including removing obsolete language.
01:40:00 PM  
The committee authorized the OLLS to draft
a committee bill to implement the proposed changes to the rule review statutes.


01:43:53 PM
 Motion I move that the committee authorize the OLLS to draft a bill to repeal section 24-4-108 and revise section 24-4-103 for the 2022 regular session
Moved Gardner
Seconded
Buckner Yes
Cooke Excused
Gardner Yes
Herod Excused
Rodriguez Yes
Snyder Yes
Van Winkle Yes
Weissman Yes
Soper Yes
Lee Yes
YES: 8   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS



Revision of Committee on Legal Services Rules - Committee Discussion Only
01:46:33 PM  
Julie Pelegrin, OLLS, testified on the proposed
redrafted procedural rules for the Committee on Legal Services.
01:47:33 PM  
The committee considered
rules regarding electing the chair and vice chair; the number of votes
required to approve a motion; when a roll call vote is required; expressing
the sentiment of the committee by motion, adoption of a resolution, or
letter from the chair; polling committee members outside of a committee
meeting; and reconsideration of actions taken.
01:48:12 PM  
The committee discussed and agreed to continue
annual elections of the chair and vice chair as required in the current
rule.
01:58:37 PM  
The committee discussed and decided to clarify
the rule concerning a quorum to allow approval of a motion by a majority
of a quorum or a majority of those present, whichever is greater.
02:02:22 PM  
The committee discussed and agreed that
a roll call vote on a motion is required only when a member objects, except
with regard to motions to extend a rule.
02:05:25 PM  
The committee discussed and decided to continue
to authorize the committee to express sentiments by the adoption of a resolution
or motion and to also allow an expression of sentiments by the chair by
letter on the committee's behalf.
02:11:02 PM  
The committee discussed
and agreed to continue authorizing the committee to take action by polling
outside of a meeting on any question as long as the chair and vice chair
agree that a poll is necessary because of the time sensitivity of the issue.
If the committee takes action by poll, it must ratify the action by vote
at the next committee hearing, except with regard to decisions to retain
legal counsel. The committee discussed introducing a bill to amend the
committee's statutes to codify the authorization for polling the committee
as an exception to the open meetings law.
02:13:17 PM  
Sharon Eubanks, OLLS,
testified on rules regarding polling
of the committee.
02:30:15 PM  
The committee discussed
and decided that for reconsideration, when sitting as a committee of reference,
applicable House or Senate rules apply, and otherwise a new hybrid rule
will apply.
02:39:24 PM  
The Committee directed
the staff to make the necessary changes to the draft of committee rules,
as discussed, and present the final draft of the rules to the Committee
for approval at the December meeting.



Proposed Statutory Change Regarding Retention of Attorneys - Committee Discussion Only


02:40:33 PM
 Motion I move that the committee authorize the OLLS to draft a bill to authorize the COLS to vote by polling on specified questions
Moved Gardner
Seconded
Buckner Yes
Cooke Excused
Gardner Yes
Herod Excused
Rodriguez Yes
Snyder Yes
Van Winkle Yes
Weissman Yes
Soper Yes
Lee Yes
YES: 8   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS



Proposed Change to Attorney Fee - Committee Discussion Only
02:42:45 PM  
Sharon Eubanks, OLLS, testified on the retention
of legal counsel and proposed a draft request for letters of interest from
attorneys for the purpose of creating a pre-approved group of attorneys
from which the committee may choose to retain legal counsel to represent
the legislative branch. After discussing the draft, the committee directed
the OLLS to issue the request for letter of interest.
03:00:05 PM  
Sharon Eubanks, OLLS, discussed raising
the attorney fee rate that the legislature pays when it retains counsel
to represent the legislative branch.
03:02:19 PM  
The committee discussed
and decided to raise the attorney fee rate from $200/hr to $250/hr.



Permission to Draft Committee Bills - Committee Discussion Only
03:15:20 PM  

The committee gave OLLS permission to draft the Rule Review Bill, the Revisor's Bill, and the Bill to Enact the C.R.S.



03:15:28 PM
 Motion I move that the committee authorize the OLLS to draft the rule review bill for the 2022 legislative session
Moved Gardner
Seconded
Buckner Yes
Cooke Excused
Gardner Yes
Herod Excused
Rodriguez Yes
Snyder Yes
Van Winkle Yes
Weissman Yes
Soper Excused
Lee Yes
YES: 7   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  PASS


03:16:32 PM
 Motion I move that the committee authorize the OLLS to draft the bill to enact the C.R.S. for the 2022 legislative session
Moved Gardner
Seconded
Buckner Yes
Cooke Excused
Gardner Yes
Herod Excused
Rodriguez Yes
Snyder Yes
Van Winkle Yes
Weissman Yes
Soper Excused
Lee Yes
YES: 7   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  PASS


03:17:36 PM
 Motion I move that the committee authorize the OLLS to draft the revisor's bill for the 2022 legislative session
Moved Gardner
Seconded
Buckner Yes
Cooke Excused
Gardner Yes
Herod Excused
Rodriguez Yes
Snyder Yes
Van Winkle Yes
Weissman Yes
Soper Excused
Lee Yes
YES: 7   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  PASS
03:19:08 PM  
Sharon Eubanks, OLLS,
testified on current staffing circumstances in the Office of Legislative
Legal Services.


03:47:54 PM   The committee adjourned.






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