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J_LS_2023A 03/16/2023 07:37:05 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON LEGAL SERVICES
Date 03/16/2023
Attendance
Dickson X
Gardner X
Mabrey X
Moreno X
Roberts X
Van Winkle X
Weissman X
Wilson X
Soper X
Gonzales X
Time 07:37:05 AM to 08:18:35 AM
Place HCR 0107
This Meeting was called to order by Gonzales
This Report was prepared by Courtney Dunaway
Hearing Items Action Taken
Review of New Rules concerning the protection of access to reproductive health care in Colorado. Committee Discussion Only
Review of New Rules concerning the protection of Colorado's workforce and expanding licensing opportunities. Committee Discussion Only
Responses to annual request for letters of interest regarding representation of the General Assembly Committee Discussion Only
Other business Committee Discussion Only

Review of New Rules concerning the protection of access to reproductive health care in Colorado. - Committee Discussion Only


07:38:11 AM  
Jennifer Berman,
Office of Legislative Legal Services (OLLS), introduced herself and summarized
the first rule issues regarding rules from the Division of Professions
and Occupations (DORA) concerning the governor's executive order directing
state agencies to protect access to reproductive health care in Colorado

07:41:01 AM  
Jennifer Berman,
OLLS, went into detail on the governor's executive order in question and
what it entailed in directing DORA to adopt rules to ensure that regulated
individuals will not be subject to disciplinary action for providing reproductive
health care under the laws of another state as long as the care was lawful
under the laws of Colorado
07:42:13 AM  
Jennifer Berman,
OLLS, explained how the rules adopted pursuant to the executive order conflict
with state statute as they were not executed pursuant to a declared emergency
disaster and so cannot change the statutory requirements for regulators
to exercise discretion in making disciplinary determinations
07:43:07 AM  
Jennifer Berman,
OLLS, went into detail on the first two specific grounds on which the rules
conflict with statute
07:46:06 AM  
Senator Gardner asked
why the rules were before the committee today when some of the rules were
adopted back before November 2022
07:47:14 AM  
Jennifer Berman,
OLLS, explained the timeline it took to review the large amount of rules
and the delay in bringing the rules to previous committee meetings because
of previous agenda items that took precedence

07:48:36 AM  
Jennifer Berman,
OLLS, went into detail on the third and last ground on which the rules
conflict with statute
07:51:54 AM  
Jennifer Berman,
OLLS, recommended that the rules adopted before November 1, 2022, not be
extended as they conflict with statute and also recommended that the rules
adopted after November 1, 2022, be repealed

07:52:55 AM  
Representative Dickson
asked if the rules were not extended and repealed, what date that would
take effect
07:53:21 AM  
Jennifer Berman,
OLLS, explained what "in-cycle rules" are as rules that were
adopted before November 1st of last year and that the in-cycle rules should
not be extended while the out-of-cycle rules, adopted after November 1st,
should be repealed and that the non-extension and repeal would take place
through an amendment to the Rule Review Bill
07:55:12 AM  
Representative Dickson
asked what the timeline is for the rules to repeal through the Rule Review
Bill
07:55:27 AM  
Jennifer Berman,
OLLS, explained that the date for the Rule Review Bill is May 15, 2023
07:56:28 AM  
Ms. McGovern, DORA,
explained that DORA is not contesting the findings and recommendations
of the OLLS then explained that DORA has a bill going through the legislative
process currently to address the rule issues
07:57:30 AM  
Senator Gardner asked
whether DORA has had any licensing or credentialing actions that would
involve the provisions in question
07:57:58 AM  
Ms. McGovern, DORA,
explained that as of three days ago they have had no licensing actions
that would meet the criteria


07:58:45 AM
Motion I move that the rules from the Division of Professions and Occupations, Department of Regulatory Agencies, concerning the implementation of the Governor's Executive Order D 2022 032, titled "Directing State Agencies to Protect Access to Reproductive Health Care in Colorado" specified in section 1 of the Recommendations on pages 12 and 13 of the memorandum on such rules dated March 9, 2023, be extended.
Moved Gardner
Seconded
Dickson No
Gardner No
Mabrey No
Moreno No
Roberts No
Van Winkle No
Weissman No
Wilson No
Soper No
Gonzales No
YES: 0   NO: 10   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


08:00:42 AM
Motion I move that the rules from the Division of Professions and Occupations, Department of Regulatory Agencies, concerning the implementation of the Governor's Executive Order D 2022 032, titled "Directing State Agencies to Protect Access to Reproductive Health Care in Colorado" specified in section 2 of the Recommendations on page 13 of the memorandum on such rules dated March 9, 2023, be repealed.
Moved Gardner
Seconded
Dickson Yes
Gardner Yes
Mabrey Yes
Moreno Yes
Roberts Yes
Van Winkle Yes
Weissman Yes
Wilson Yes
Soper Yes
Gonzales Yes
YES: 10   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



Review of New Rules concerning the protection of Colorado's workforce and expanding licensing opportunities. - Committee Discussion Only


08:02:34 AM  
Jennifer Berman,
OLLS, introduced the next DORA rules, in conflict with statute, adopted
pursuant to a governor's executive order concerning protecting Colorado's
workforce and expanding licensing opportunities
08:04:00 AM  
Jennifer Berman,
OLLS, explained which statutes the rules conflict with and recommended
that the committee not extend the rules adopted before November 1, 2022,
and that the committee repeal the rules adopted after November 1, 2022
08:05:24 AM  
Ms. McGovern, DORA,
thanked the OLLS for working with DORA on the issues and explained that
they are not contesting the issues then explained that DORA is currently
drafting legislation to address the rule issues
08:06:05 AM  
Senator Gardner asked
if any licensing or credentialing actions regarding the rule issues had
arisen
08:06:30 AM  
Ms. McGovern, DORA,
stated that yes there had been multiple applications where a history of
marijuana convictions had been disclosed
08:07:06 AM  
Senator Gardner asked
if prior to the adoption of the rules a prior conviction for use of marijuana
would not have been an outright bar in most credentialing actions
08:07:34 AM  
Ms. McGovern, DORA,
explained that the senator was correct



08:08:40 AM
Motion I move that the rules from the Division of Professions and Occupations, Department of Regulatory Agencies, concerning the implementation of the Governor's Executive Order D 2022 034, titled "Protecting Colorado's Workforce and Expanding Licensing Opportunities" specified in section 1 of the Recommendations on pages 12 and 13 of the memorandum on such rules dated March 9, 2023, be extended.
Moved Soper
Seconded
Dickson No
Gardner No
Mabrey Yes
Moreno No
Roberts No
Van Winkle No
Weissman No
Wilson No
Soper No
Gonzales No
YES: 1   NO: 9   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


08:10:14 AM
Motion I move that the rules from the Division of Professions and Occupations, Department of Regulatory Agencies, concerning the implementation of the Governor's Executive Order D 2022 034, titled "Protecting Colorado's Workforce and Expanding Licensing Opportunities" specified in section 2 of the Recommendations on page 14 of the memorandum on such rules dated March 9, 2023, be repealed.
Moved Soper
Seconded
Dickson Yes
Gardner Yes
Mabrey No
Moreno Yes
Roberts Yes
Van Winkle Yes
Weissman Yes
Wilson Yes
Soper Yes
Gonzales Yes
YES: 9   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



Responses to annual request for letters of interest regarding representation of the General Assembly - Committee Discussion Only


08:11:30 AM  
Jerry Barry, OLLS,
explained how the office placed an ad with the Colorado Bar Association
last year to find counsel to represent the general assembly, and when they
received no responses, they extended the ad for another 30 days. They then
received 5 responses whom they added to the list of approved counsel. At
the request of the committee this year they again solicited interest in
representing the general assembly but received no responses

08:13:11 AM  
Jerry Barry, OLLS,
asked the committee what they would like to do next, if they would like
to run another ad now or wait until next year
08:13:54 AM  
Senator Gardner explained
that the committee added 5 new attorneys to the list last year and asked
how big the overall list is
08:14:10 AM  
Jerry Barry, OLLS,
stated that there are 10 on the list
08:14:20 AM  
Senator Gardner stated
that it seems the ads and tweets don't get much attention and explained
that his opinion is for the committee to do nothing this year and wait
until next year
08:15:43 AM  
Representative Dickson
asked if there was any concern about the people currently on the list or
if the desire was just to consistently have new people on the list
08:16:03 AM  
Jerry Barry, OLLS,
explained that it is not a concern and that the OLLS has always been pleased
with the quality of the attorneys in the past
08:16:22 AM  
Senator Gardner agreed
and explained that they wanted to open the opportunity up to more people
but that he believes they accomplished that
08:17:43 AM  
Senator Gonzales,
chair, stated that the committee will hold off on advertising now and will
return to the issue next year



Other business - Committee Discussion Only


08:18:27 AM  
No other business


08:18:35 AM   The committee adjourned.






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