|
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 |
| hReview of New Rules concerning the protection of access to reproductive health care in Colorado. |
Committee Discussion Only |
| hReview of New Rules concerning the protection of Colorado's workforce and expanding licensing opportunities. |
Committee Discussion Only |
| hResponses to annual request for letters of interest regarding representation of the General Assembly |
Committee Discussion Only |
| hOther 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
| 08:18:35 AM |
The committee adjourned. |
