J_LS_2021A 12/20/2021 09:01:00 AM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGJOINT COMMITTEE COMMITTEE ON LEGAL SERVICES Date 12/20/2021 Attendance Buckner X Cooke X Herod X Holbert X Rodriguez X Snyder X Tipper X Van Winkle X Soper * Lee X Time 09:01:00 AM to 10:27:23 AM Place Old State Library This Meeting was called to order by Lee This Report was prepared by Owen Colling Hearing Items Action Taken hRules of the State Personnel Board and State Personnel Director Committee Discussion Only hReview and Approval of Rules of the Committee on Legal Services Committee Discussion Only hApproval of Bills for Introduction Committee Discussion Only hNew Business Committee Discussion Only Rules of the State Personnel Board and State Personnel Director - Committee Discussion Only Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/160097D40245...$File/210212EAD.pdf?OpenElement 210212EAD.pdf 09:03:14 AM Ed DeCecco, Senior Attorney for Special Projects, Office of Legislative Legal Services, presented to the Committee the Office's rule memorandum concerning Rule 5-16 of the State Personnel Board and State Personnel Director, Department of Personnel. He explained that section 24-50-104 (1)(g), C.R.S., requires the State Personnel Director to prescribe leave benefits that are typically consistent with prevailing practices. But the director's Rule 4 CCR 801-1, 5-16 (Rule 5-16) establishes paid family medical leave (PFML), which does not appear to be consistent with prevailing practices. Because Rule 5-16 conflicts with the statute, the Office recommends that Rule 5-16 of the rules of the director concerning PFML not be extended. 09:19:40 AM Witness, Mr. Tobin Follenweider, Deputy Executive Director of Personnel and Administration, currently Acting Executive Director and Personnel Director, testified regarding the origin and creation of Rule 5-16. He explained that PFML was created in an attempt to address total employee compensation, turnover, retention, and recruitment rate for the department on the state level. 09:26:25 AM Representative Tipper asked Mr. Follenwider several questions about the rule. Senator Lee clarified the issue that Proposition 118, which passed in the 2021 election, will give government employees PFML beginning January 1, 2024, but the department is anticipating those benefits and implementing them prematurely. Senator Holbert further clarified in support of the chair that the job of the committee is to determine whether a rule of the executive branch is within the statutory authority granted by legislative branch. Senators Lee, Cook, and Holbert and Representative Soper asked Mr. DeCecco and Mr. Follenwider for clarification regarding the Attorney General's opinion and memo published after that office's review of Rule 5-16. 09:45:22 AM Motion I move to extend Rule 5-16 of the rules of the State Personnel Board and State Personnel Director, Department of Personnel, and I urge a no vote. Moved Soper Seconded Buckner No Cooke No Herod No Holbert No Rodriguez No Snyder No Tipper Yes Van Winkle No Soper No Lee No YES: 1 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL Review and Approval of Rules of the Committee on Legal Services - Committee Discussion Only Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/0850D48DE6F8...$File/2021 cols rules final redraft.pdf?OpenElement 2021 cols rules final redraft.pdf 09:47:55 AM Julie Pelegrin, Deputy Director, Office of Legislative Legal Services, presented the redraft of the proposed changes to the rules of the Committee on Legal Services for approval. Ms. Pelegrin reviewed the substantive changes that were made in response to the Committee's discussion at the November Committee meeting. 09:49:56 AM Motion I move that the committee adopt the rules of the Committee on Legal Services. Moved Soper Seconded Buckner Yes Cooke Yes Herod Yes Holbert Yes Rodriguez Yes Snyder Yes Tipper Yes Van Winkle Yes Soper Yes Lee Yes YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS Approval of Bills for Introduction - Committee Discussion Only Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/8E64FFC23DAD...$File/22-0448_01.pdf?OpenElement 22-0448_01.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/921B9D4C3163...$File/22-0559_bill to enact.pdf?OpenElement 22-0559_bill to enact.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/9D46B584FE72...$File/Rule Review Statutes Draft.LLS.22.0427.pdf?OpenElement Rule Review Statutes Draft.LLS.22.0427.pdf 09:51:31 AM Jennifer Berman, Managing Senior Attorney, Brita Darling, Senior Attorney, and Jennifer Gilroy, Revisor of Statutes, Office of Legislative Legal Services, presented the bills for the Committee to approve for introduction during the 2022 session. 09:52:37 AM Jennifer Berman will draft the Rule Review Bill for 2022. She discussed the bill with the Committee. The bill will be introduced in the House and will include the rule issue that was discussed previously in this meeting and possibly one other issue will be presented to the Committee and added to the bill. The Committee assigned prime sponsors for the bill. 09:56:31 AM Brita Darling, Senior Attorney, Office of Legislative Legal Services, presented the bill to Revise § 24-4-103 (8). She discussed the bill with the Committee and explained that it includes nonsubstantive changes to the rule review statutes. 10:01:22 AM Motion I move that the committee authorize LLS No. 22-0427 Concerning making nonsubstantive changes to the language in statutory provisions related to the review of executive agency rules for introduction. Moved Soper Seconded Buckner Yes Cooke Yes Herod Yes Holbert Yes Rodriguez Excused Snyder Yes Tipper Yes Van Winkle Yes Soper Yes Lee Yes YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS 10:02:25 AM The Committee designated prime sponsors for the bill to revise § 24-4-103 (8). 10:08:34 AM Jennifer Gilroy, Revisor of Statutes, Office of Legislative Legal Services, presented the bill to enact the 2021 C.R.S. and the Revisor's Bill to the Committee. She explained that as soon as the bill to enact the 2021 C.R.S. passes, it makes the 2021 Colorado Revised Statutes the positive and statutory law of the state of Colorado of a general and permanent nature. It is critical that the bill goes into effect at the earliest opportunity, so it always carries a safety clause. She requested that the Committee approve the bill for introduction and designate sponsors for it. The bill will be introduced in the Senate. 10:10:19 AM Motion I move that the committee approve LLS No. 22-0559 concerning the enactment of the Colorado Revised Statutes 2021 as the positive and statutory law of the state of Colorado for introduction and I ask for a yes vote. Moved Soper Seconded Buckner Yes Cooke Yes Herod Yes Holbert Yes Rodriguez Excused Snyder Yes Tipper Yes Van Winkle No Soper Yes Lee Yes YES: 8 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS 10:11:25 AM The Committee assigned prime sponsors for the bill to enact the 2021 Colorado Revised Statues. 10:12:40 AM Jennifer Gilroy, Revisor of Statues, Office of Legislative Legal Services, discussed the Revisor's Bill with the Committee. The bill is not drafted yet but the office will provide a draft to the bill sponsors that the Committee assigns today for them to review and approve and decide whether the bill should have a petition or a safety clause. She requested sponsors for the Revisor's Bill. The Committee designated prime sponsors for Revisor's Bill. Ms. Gilroy confirmed with the Committee that the bill will be introduced in the Senate. 10:17:04 AM Julie Pelegrin, Deputy Director, Office of Legislative Legal Services, presented the bill to authorize polling of the Committee. She pointed out that in drafting the bill she added a provision to require the Committee to adopt rules of procedure. Ms. Pelegrin explained that the remainder of the bill authorizes the Committee to take action by poll on the question of retaining counsel or on a question of a time-sensitive matter as identified by the chair and vice-chair unless a committee member objects to polling on the question. This section also makes an exception to the open meetings act and describes how the poll is conducted. If the poll is on a question other than retaining counsel, it must be ratified at the next meeting. Representative Soper clarified what happens when a member objects to polling on a question of retaining counsel, and Representative Snyder asked a question about retaining counsel. 10:21:06 AM Motion I move the committee approve LLS No. 22-0448 Concerning Procedures of the Committee on Legal Services for introduction. Moved Soper Seconded Buckner Yes Cooke Yes Herod Yes Holbert Yes Rodriguez Excused Snyder Yes Tipper Yes Van Winkle Yes Soper Yes Lee Yes YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS 10:22:32 AM The Committee designated prime sponsors for the bill. New Business - Committee Discussion Only 10:27:23 AM The committee adjourned.