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J_LS_2021A 12/20/2021 09:01:00 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT 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
Rules of the State Personnel Board and State Personnel Director Committee Discussion Only
Review and Approval of Rules of the Committee on Legal Services Committee Discussion Only
Approval of Bills for Introduction Committee Discussion Only
New Business Committee Discussion Only

Rules of the State Personnel Board and State Personnel Director - Committee Discussion Only


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


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

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.