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J_LS_2018A 04/05/2018 09:03:41 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON LEGAL SERVICES
Date 04/05/2018
Attendance
Foote X
Gardner X
Guzman X
Herod *
Kagan *
Scott X
Willett X
Wist *
Cooke X
Lee X
Time 09:03:41 AM to 09:38:22 AM
Place SCR 352
This Meeting was called to order by Lee
This Report was prepared by Owen Colling
Hearing Items Action Taken
HB18-1253 Amended, referred to the Committee of the Whole
Approval of pilot project for consolidating uncontested incorporation-by-reference issues into a single motion Pilot project approved
Update regarding retention of legal counsel and ethics complaint before the Independent Ethics Commission Committee Discussion Only

HB18-1253 - Amended, referred to the Committee of the Whole



09:08:29 AM
Motion Adopt amendment L.002
Moved Gardner
Seconded
Foote
Gardner
Guzman
Herod
Kagan Excused
Scott
Willett
Wist Excused
Cooke
Lee
YES: 0   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  Pass Without Objection


09:08:50 AM
Motion Adopt amendment L.003
Moved Gardner
Seconded
Foote
Gardner
Guzman
Herod
Kagan Excused
Scott
Willett
Wist Excused
Cooke
Lee
YES: 0   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  Pass Without Objection


09:09:13 AM
Motion Adopt amendment L.004
Moved Gardner
Seconded
Foote
Gardner
Guzman
Herod
Kagan Excused
Scott
Willett
Wist Excused
Cooke
Lee
YES: 0   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  Pass Without Objection


09:12:28 AM
Motion Refer House Bill 18-1253, as amended, to the Committee of the Whole.
Moved Gardner
Seconded
Foote Yes
Gardner Yes
Guzman Yes
Herod Yes
Kagan Yes
Scott Yes
Willett Yes
Wist Excused
Cooke Yes
Lee Yes
Final YES: 9   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



Approval of pilot project for consolidating uncontested incorporation-by-reference issues into a single motion - Pilot project approved


09:12:42 AM  

Thomas Morris, Managing Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Mr. Morris discussed a proposal for a pilot program during the 2018-19 rule review cycle to use a single motion for all rules issues related exclusively to uncontested incorporation by reference issues.

09:19:20 AM  
Senator Gardner and Mr. Morris discussed the incorporation by reference requirements in the State Administrative Procedure Act.
09:21:09 AM  
Senator Kagan and Mr. Morris discussed contested versus uncontested incorporation by reference rule issues.
09:21:46 AM  
Representative Willett and Mr. Morris discussed the language of the proposed consolidated motion on page 3 of the memorandum.
09:24:08 AM  

Senator Gardner and Mr. Morris discussed how the process for the new proposal would work, including keeping a memorandum for every rule issue, forgoing an oral presentation of the rule issue unless requested, and combining the motions for all uncontested incorporation by reference rule issues into one consolidated motion.

09:30:01 AM  

Senator Kagan and Mr. Morris discussed how only uncontested rule issues related to incorporation by reference would be included in the consolidated motion.



09:31:53 AM
Motion Move that the Committee approve the pilot program
Moved Cooke
Seconded
Foote Yes
Gardner Yes
Guzman Yes
Herod Yes
Kagan Yes
Scott Yes
Willett Yes
Wist Yes
Cooke Yes
Lee Yes
YES: 10   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



Update regarding retention of legal counsel and ethics complaint before the Independent Ethics Commission - Committee Discussion Only


09:32:23 AM  

Sharon Eubanks, Director, Office of Legislative Legal Services, testified before the Committee. Ms. Eubanks gave an update on the retention of counsel for President Grantham and Senator Martinez Humenik and for Majority Leader Becker. She also gave an update on the ongoing ethics complaint against Senator Marble being heard by the Independent Ethics Commission.

09:35:25 AM  

Senator Guzman and Ms. Eubanks discussed the costs associated with the retention of legal counsel and the ethics complaint and the timeline of the ethics complaint, which is ongoing.

09:36:44 AM  
Representative Willett and Ms. Eubanks discussed the Independent Ethics Commission.


09:38:22 AM   Committee Adjourned






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