Date: 08/17/2016
Location: HCR 0112

Votes: View-->	Action Taken:
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10:17 AM -- 5e. Repeal of section 40-2-123 (2) (k), C.R.S., anomaly


10:18 AM -- Kristen Forrestal, OLLS, testified on this issue. She explained that the issue was discovered during the publications process and review of title 40 of the Colorado Revised Statutes, and that while the change suggested in the memo could be included in the Revisor's Bill, the Committee could choose to take ownership of the change and include it in a Committee bill.
The section in question authorizes an appropriation of money from the Clean Energy Development Fund, which was supposedly created in 24-22-118, C.R.S. However, that section does not exist. Ms. Forrestal pointed out that there was a source note at the bottom of the section explaining that the fund, was created initially, during the 2006 legislative session, but was later removed by amendment.
Chairperson Moreno then asked about the money allocated to the fund, despite the fact that the fund did not exist. Ms. Forrestal responded that no money was ever appropriated.
Senator Steadman noted that in 2017, the General Assembly is likely going to look at legislation dealing with the funding of the Colorado Energy Office--there was a bill that passed a few years ago that provided a funding mechanism for the Office for a limited amount of time, which ends in the 2016-2017 fiscal year. He assumed that there would be legislation concerning continuing the funding for that office, and he wondered if the fix could be included in that legislation. He also shared that he supported including the fix in the Revisor's Bill because it was a simple drafting error.
Ms. Forrestal responded that from the OLLS perspective, the issue is a drafting error that can be cleaned up, and that looking into the future to what the legislature might do is not the purview of the OLLS.
Senator Steadman agreed and added that he didn't want to see the Committee put in the position of making motions or voting on issues related to the Revisor's Bill, because that's up to the Revisor and the Committee on Legal Services.


10:22 AM -- Jennifer Gilroy testified before the Committee that the Revisor's Bill for 2017 hadn't yet been drafted and that she would report back to the Committee during the October meeting and that the issue seemed appropriate for the bill.

Ms. Forrestal closed by saying that the Committee didn't need to make a motion on the issue today, and that they could, after the Revisor's report in October, choose to make a motion on whether or not to request a bill draft then.

Chairperson Moreno stated that the Committee would delay action on this issue.