J_SRC_2018A 01/19/2018 01:05:39 PM Committee Summary

The Statutory Revision Committee approved a bill to clarify language in the "Colorado Mental Health Act" at their October meeting. At the November meeting, Ronnie Hines, division director of the Division of Professions and Occupations, housed in the Department of Regulatory Agecies (DORA), shared that the department had concerns about the bill.

Jane Ritter, Office of Legislative Legal Services (OLLS), gave an overview of thebill that was approved for introduction at the Committee's October meeting.

Dr. Reo Leslie, Colorado Mental Health Professionals Association, tesified in support of the bill that was approved for introduction in the October 19, 2017, meeting.

Carol O'Dowd, president of the Colorado Association of Psychotherapists, testified in support of the bill.

Karen McGovern, division deputy director of legal affairs for DORA, in the Division of Professions and Occupations, testified in opposition to the bill.

At Senator Zenzinger's request, Dr. Leslie then testified again before the Committee, concerning the meaning of "generally accepted standard." Dr. Leslie suggested that he and his organization would be in support of conceptually amending the bill, to unstrike some language and remove some of the newly added small-capped language, to settle the concerns of the department.

Ms. Ritter was called before the Committee and explained that she did not believe that the conceptual amendment would not create a conflict in statute.

Per section 2-3-901, C.R.S., Senator Moreno, the former vice-chair of the Committee, has taken over as chair, and Senator Martinez Humenik will now serve as a vice-chair.

Representative Nordberg resigned his position in the General Assembly during the 2017 interim; Representative McKean was chosen to take his position on the Committee.

Nicole Myers, OLLS, testified before the Committee, concerning Bill 3b, which was originally approved for introduction at the October SRC meeting. She explained that current law allows employees in the state personnel system their moving and relocation expenses if an appointing authority requires the employee to change his or her place of resident due to a change in job duties. While federal regulations specify which benefits are tax exempt, there's confusion among state agencies when determining which benefits allowed by section 24-50-134, C.R.S., are subject to income tax pursuant to federal law.

Jane Ritter, OLLS, testified before the Committee concerning Bill Draft 3c, which was first introduced to the Committee in August and was discussed further at the November meeting.

Nicole Myers, OLLS, testified before the Committee, explaining that in 2013, the United States District Court for the District of Colorado issued a permanent injunction against enforcement of unconstitutional laws regarding petition circulators. One of the unconstitutional provisions requires a petition circulator, among other things, to be a resident of the state; the other prohibits a petition circulator from receiving more than 20% of his or her salary on a per-signature basis. The OLLS has been aware of the court decision, and has included an editor's note in the C.R.S. to advise readers of the injunction.

*The note is located beneath the source note for section 1-40-112, C.R.S., and reads:

"In Independence Institute v. Gessler ... the United States District Court for the District of Colorado found subsection (4) of this section unconstitutional under the First Amendment of the United States Constitution and permanently enjoined the Colorado Secretary of State from enforcing [this subsection] and any ancillary provision that enforces [it], namely, sections 1-40-135 and 1-40-121, to the extent those sections apply to restrictions on per-signature compensation."

Ms. Myers explained that at the Committee's August meeting, staff recommended the repeal of the unconstitutional provisions; however, staff asked for more time to solicit feedback on the draft legislation before taking action to introduce the bill. The bill draft repeals the enjoined provisions; the Secretary of State's Office and other interested organizations were consulted and reviewed the draft, and everyone agreed that the language in the bill is appropriate and ready for the Committee's consideration.

In response to a question from Senator Martinez Humenik, concerning whether the fact that the bill currently has an act subject to petition clause, meaning if passed it wouldn't become law until August of 2018, could create a problem for the general election in 2018. Ms. Myers explained that the laws are currently unenforceable.

Tim Griesmer, from the Secretary of State's Office, testified before the Committee that the Office agrees with the analysis of OLLS, that this is a case of laws that were declared unconstitutional by a federal court; he stressed the importance of clarity in election law, and that if the Committee introduced the bill the Secretary of State's Office would support it.

Nicole Myers, OLLS, testified before the Committee, explaining that section 24-11-101 (3), C.R.S., specifies that executive branch employees who are in the state personnel system and who are required to work on a legal holiday shall have an alternate day off or be "paid in accordance with the state personnel system or state fiscal rules in effect on April 30, 1979."  She explained that the state fiscal rules in effect nearly 40 years ago are neither applicable nor relevant. In addition, neither the Department of Personnel nor OLLS staff were able to locate a copy of the state fiscal rules in effect in April of 1979.

Esther van Mourik, OLLS, testified before the Committee, explaining that Bill Draft 4b, which was proposed by the Department of Revenue (department), removes from statute outdated department processes and website links. Section 24-35-108.5, C.R.S., requires the department to annually publish a table that shows the average amount of taxes paid by individual taxpayers based on average income. Subsection (5) of that section requires the department to print the table in the in the annual income tax booklet and to make it available "through the 'NetFile link' on the department's website." However, the department no longer mails the annual income tax booklet (they're available at all public libraries and on the department's website) and "NetFile" is an outdated reference to a system that no longer exists. The committee voted 8-0 to introduce Bill Draft 4b.

Esther van Mourik, OLLS, testified before the Committee. explaining that Bill Draft 4c, which was proposed by the Department of Revenue (department), removes from statute an antiquated requirement that the department include a statement on every income tax return form stating the income tax rate prior to January 1, 1999; the rate between January 1, 1999, and January 1, 2000; and the rate after January 1, 2000. Because the rate has not changed since January 1, 2000, the bill draft repeals section 39-22-601 (10), C.R.S., which

Rep. McKean asked representatives from the department to keep track of any calls from Coloradans asking for the historical information that will, if the bill passes, no longer be printed on income tax return forms.

The Committee will introduce 29 bills this year They discussed one last possible meeting later in the session, given their schedules.