J_LS_2018A 04/05/2018 09:03:41 AM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGJOINT 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 hHB18-1253 Amended, referred to the Committee of the Whole hApproval of pilot project for consolidating uncontested incorporation-by-reference issues into a single motion Pilot project approved hUpdate 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 Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/1C87D734FC34...$File/HB1253_L.003.pdf?OpenElement HB1253_L.003.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/332A3C92754F...$File/HB1253_L.002.pdf?OpenElement HB1253_L.002.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/A158DDA3D7AD...$File/1253 Reengrossed.pdf?OpenElement 1253 Reengrossed.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/C4ED7ACABF02...$File/HB1253_L.004.pdf?OpenElement HB1253_L.004.pdf 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 Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/FD72CA1EFDAC...$File/20180329-IBR-Pilot-project-COLS-memo.pdf?OpenElement 20180329-IBR-Pilot-project-COLS-memo.pdf 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