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J_SRC_2017A 03/03/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



COMMITTEE ON STATUTORY REVISION COMMITTEE

Date: 03/03/2017
ATTENDANCE
Time: 12:07 PM to 01:37 PM
Arndt
X
Hooton
X
Place: SCR 352
Kerr
X
Nordberg
X
This Meeting was called to order by
Tate
X
Senator Martinez Humenik
Thurlow
X
Brad Ramming, Esq.
E
This Report was prepared by
Patrice Bernadette Collins, Esq.
X
Jessica Wigent
Moreno
X
Martinez Humenik
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
1. Vote on remaining bill drafts relating to the LCS database

1a. Education

1d. Judicial

1g. Military and Veterans' Affairs

1h. Natural Resources

1c. Human Services

1e. Labor and Employment

1f. Law

1i. Transportation

1b. Higher Education
Witness Testimony and/or Committee Discussion Only

Recommendation(s) Approved

Recommendation(s) Approved

Recommendation(s) Approved

Recommendation(s) Approved

Recommendation(s) Approved

Recommendation(s) Approved

Recommendation(s) Approved

Recommendation(s) Approved

Recommendation(s) Approved





12:08 PM -- 1. Vote on remaining bill drafts relating to the LCS database



Kristen Forrestal, Office of Legislative Legal Services, testified before the Committee. She explained that numerous statutes needed to conform to section 24-1-136, C.R.S, which states that reporting requirements from executive agencies and the judicial branch to the General Assembly expire three years after the first reporting requirement. The bill drafts, separated by department, include the reporting requirements listed in the Legislative Council database.



LegeCouncilReportDatabase.pdfLegeCouncilReportDatabase.pdf

Ms. Forrestal added that the Committee's bill drafts were not "department bills"; instead they are the result of a specific issue that was brought to the Committee: The reporting requirements in the organic statutes are in conflict with the requirements of section 24-1-136, C.R.S.





12:21 PM -- 1a. Education
Feedback on LLS 266.pdfFeedback on LLS 266.pdf



12:17 PM -- Leanne Emm,
deputy commissioner of school finance and operations of the Colorado Department of Education, testified on behalf of the department. She shared that she supported the bill as currently drafted, after recommendations made in the January 20, 2017, Committee meeting.

In response to a question from Representative Arndt concerning the principal effectiveness survey, in section 1 of the bill draft, Ms. Emm explained that the department is trying to incorporate the information from that survey into its educator effectiveness surveys and reports.

Rep. Arndt commented that repealing the reporting requirement in section 1 of the bill draft was akin to repealing the legislation that created the requirement.

Senator Moreno asked if the reporting requirement was continued, and not repealed in section 1 of the bill, what the department's response would be. Ms. Emm answered that the department would look at the actual requirements in statute, and see if there was a way to collect that information through the department's educator preparation report, and that the department would attempt to be as efficient as possible by combining the reports so as not to burden school districts.

Committee Member Collins asked Ms. Emm if the department was surveying principals. Ms. Emm answered that she couldn't be certain of the exact information collected in the educator preparation report, but that some of the data collected from that report overlaps with the principal effectiveness survey report.

BILL: 1a. Education
TIME: 12:28:17 PM
MOVED: Thurlow
MOTION: Introduce LLS 17-0266.02, as amended, as an SRC bill. The motion passed without objection.
SECONDED:
VOTE
Arndt
Hooton
Kerr
Nordberg
Tate
Thurlow
Brad Ramming, Esq.
Excused
Patrice Bernadette Collins, Esq.
Moreno
Martinez Humenik
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: 1a. Education
TIME: 12:28:32 PM
MOVED: Arndt
MOTION: Add the "notwithstanding 24-1-136" language to section 1 of the bill (the principal effectiveness survey); and to sections 12, 17, 18, 19, and 21, per the recommendations of the JBC, the Capital Development Committee, and Colorado School for the Deaf and Blind. The motion passed without objection.
SECONDED:
VOTE
Arndt
Hooton
Kerr
Nordberg
Tate
Thurlow
Brad Ramming, Esq.
Excused
Patrice Bernadette Collins, Esq.
Moreno
Martinez Humenik
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection







12:33 PM -- 1d. Judicial
JudicialNotesFinal.pdfJudicialNotesFinal.pdf



12: 34 PM
Dorothy Macias, the legislative liaison and a staff attorney for the Office of the Child's Representative, testified on behalf of the office. She asked the Committee to continue the office's reporting requirement. She explained that the office was created as an independent agency to improve representation of children in Colorado's court system.

BILL: 1d. Judicial
TIME: 12:39:06 PM
MOVED: Moreno
MOTION: Introduce LLS 17-0271 as an SRC bill, with the notwithstanding 24-1-136 language added to section 3 and with the incorporation of the JBC recommendations. The motion passed without objection.
SECONDED:
VOTE
Arndt
Hooton
Kerr
Nordberg
Tate
Thurlow
Brad Ramming, Esq.
Excused
Patrice Bernadette Collins, Esq.
Moreno
Martinez Humenik
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection







12:43 PM -- 1g. Military and Veterans' Affairs
SVMANotesFINAL.pdfSVMANotesFINAL.pdf



12:44 PM
Mickey Hunt, deputy executive director for the Department of Military and Veterans' Affairs, testified that the reporting information would be included in the department's SMART hearings, and that the department supported the repeal of the report.

A discussion of the statute revealed that even if the reporting requirement to the General Assembly was repealed, the department, according to statute, would still be required to submit the report to the governor. Additionally, the JBC recommended that the reporting requirement continue indefinitely, although the JBC is not listed as a recipient of the report.

BILL: 1g. Military and Veterans' Affairs
TIME: 12:44:46 PM
MOVED: Moreno
MOTION: Introduce LLS 17-0271 as an SRC bill. This motion was withdrawn due to a discussion about the JBC's recommendations.
SECONDED:
VOTE
Arndt
Hooton
Kerr
Nordberg
Tate
Thurlow
Brad Ramming, Esq.
Excused
Patrice Bernadette Collins, Esq.
Moreno
Martinez Humenik
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Withdrawn







12:49 PM -- 1g. Military and Veterans' Affairs



BILL: 1g. Military and Veterans' Affairs
TIME: 12:49:44 PM
MOVED: Moreno
MOTION: Introduce LLS 17-0271 as an SRC bill, as amended. The motion passed without objection.
SECONDED:
VOTE
Arndt
Hooton
Kerr
Nordberg
Tate
Thurlow
Brad Ramming, Esq.
Excused
Patrice Bernadette Collins, Esq.
Moreno
Martinez Humenik
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection







12:52 PM -- 1h. Natural Resources
DNRNotesFINAL.pdfDNRNotesFINAL.pdf



12:53 PM
Doug Vilsack, legislative liaison for the Department of Natural Resources, testified that the he spoke with various divisions within the department, and the response from most was that a significant amount of time is spent complying with the reporting requirements, but that the department was more interested in hearing, from the General Assembly, the JBC, and the Capital Development Committee about the usefulness of the reports.

However, the Committee discussed that the JBC had recommended that each of the reports in the bill draft was needed for its budget analysis.

BILL: 1h. Natural Resources
TIME: 12:54:06 PM
MOVED: Moreno
MOTION: Introduce LLS 17-0277 as an SRC bill, with the "notwithstanding 24-1-136" language added to every reporting requirement in the bill draft, per the JBC's recommendation.
SECONDED:
VOTE
Arndt
Hooton
Kerr
Nordberg
Tate
Thurlow
Brad Ramming, Esq.
Excused
Patrice Bernadette Collins, Esq.
Moreno
Martinez Humenik
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection







01:00 PM -- 1c. Human Services
DHSNotesFinal.pdfDHSNotesFinal.pdf



BILL: 1c. Human Services
TIME: 01:00:47 PM
MOVED: Moreno
MOTION: Introduce LLS 17-0270 as an SRC bill, with the notwithstanding 24-1-136 language to sections 3, 4, 5, 6, 8, 11, 12, 14, 15, 16, and 17, per the JBC's recommendations. The motion passed without objection.
SECONDED:
VOTE
Arndt
Hooton
Kerr
Nordberg
Tate
Thurlow
Brad Ramming, Esq.
Excused
Patrice Bernadette Collins, Esq.
Moreno
Martinez Humenik
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection







01:05 PM -- 1e. Labor and Employment







01:07 PM -- 1e. Labor and Employment
CDLENotes.pdfCDLENotes.pdf



1:07 PM Ms. Forrestal testified that she spoke with Patrick Teegarden, the legislative liaison for the Department of Labor and Employment, and that he indicated that the department fully supports the JBC's recommendations to continue the reporting requirement in section 1 of the bill draft and that the department has no further recommendations.

Senator Moreno commented that the reporting requirement in section 2 of the bill was created in 2016, and wondered if amending that section would fall outside the scope of the Committee's charge. Ms. Forrestal replied that while that statute was not yet in conflict, by putting the repeal date in the bill, the Committee could ensure that statute is in compliance with section 24-1-136.

BILL: 1e. Labor and Employment
TIME: 01:07:57 PM
MOVED: Moreno
MOTION: Introduce LLS 17-0272, as amended, as an SRC bill. The motion passed without objection.
SECONDED:
VOTE
Arndt
Hooton
Kerr
Nordberg
Tate
Thurlow
Brad Ramming, Esq.
Excused
Patrice Bernadette Collins, Esq.
Moreno
Martinez Humenik
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: 1e. Labor and Employment
TIME: 01:08:19 PM
MOVED: Moreno
MOTION: Add the "notwithstanding 24-1-136" language to section 1 of the bill, per the JBC's recommendation. The motion passed without objection.
SECONDED:
VOTE
Arndt
Hooton
Kerr
Nordberg
Tate
Thurlow
Brad Ramming, Esq.
Excused
Patrice Bernadette Collins, Esq.
Moreno
Martinez Humenik
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection







01:10 PM -- 1f. Law
LawNotesFINAL.pdfLawNotesFINAL.pdf

BILL: 1f. Law
TIME: 01:11:41 PM
MOVED: Moreno
MOTION: Introduce LLS 17-0273, as amended, as an SRC bill. The motion passed without objection.
SECONDED:
VOTE
Arndt
Hooton
Kerr
Nordberg
Tate
Thurlow
Brad Ramming, Esq.
Excused
Patrice Bernadette Collins, Esq.
Moreno
Martinez Humenik
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: 1f. Law
TIME: 01:11:54 PM
MOVED: Moreno
MOTION: Add the "notwithstanding 24-1-136" language to sections 2 and 3 of the bill, per the JBC's recommendation. The motion passed without objection.
SECONDED:
VOTE
Arndt
Hooton
Kerr
Nordberg
Tate
Thurlow
Brad Ramming, Esq.
Excused
Patrice Bernadette Collins, Esq.
Moreno
Martinez Humenik
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection







01:15 PM -- 1i. Transportation

DOTNotesFINAL.pdfDOTNotesFINAL.pdf

BILL: 1i. Transportation
TIME: 01:15:41 PM
MOVED: Thurlow
MOTION: Introduce LLS 17-0283, as is, as an SRC bill. The motion passed without objection.
SECONDED:
VOTE
Arndt
Hooton
Kerr
Nordberg
Tate
Thurlow
Brad Ramming, Esq.
Excused
Patrice Bernadette Collins, Esq.
Moreno
Martinez Humenik
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection







01:18 PM -- 1b. Higher Education
FurtherHigherEdFeedback.pdfFurtherHigherEdFeedback.pdf



The Committee discussed the conflicting requests of the Department of Higher Education and the Joint Budget Committee.

BILL: 1b. Higher Education
TIME: 01:20:34 PM
MOVED: Moreno
MOTION: Introduce LLS 17-0887, as amended, as an SRC bill. The motion passed without objection.
SECONDED:
VOTE
Arndt
Hooton
Kerr
Nordberg
Tate
Thurlow
Brad Ramming, Esq.
Excused
Patrice Bernadette Collins, Esq.
Moreno
Martinez Humenik
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: 1b. Higher Education
TIME: 01:24:05 PM
MOVED: Moreno
MOTION: Add the "notwithstanding 24-1-136" language to sections 1, 2, 3, 4, 5, 7, 8, 9, and 13 of the bill, per the JBC's recommendation. The motion passed without objection.
SECONDED:
VOTE
Arndt
Hooton
Kerr
Nordberg
Tate
Thurlow
Brad Ramming, Esq.
Excused
Patrice Bernadette Collins, Esq.
Moreno
Martinez Humenik
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection







01:26 PM -- 3. Next meeting



The Committee will be on hiatus until the 2017 legislative interim.


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