HOUSE BILL 971193
BY REPRESENTATIVES Adkins, Kaufman, Kreutz, Snyder, and Grossman;
also SENATORS Wham, Matsunaka, Perlmutter, Wattenberg,
Wells, Mutzebaugh, and Weddig.
CONCERNING IMPLEMENTATION OF RECOMMENDATIONS OF THE
COMMITTEE ON LEGAL SERVICES IN CONNECTION WITH LEGISLATIVE REVIEW
OF RULES AND REGULATIONS OF STATE AGENCIES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Rules
and regulations scheduled for expiration May 15, 1997 extension
exceptions. (1) Except as indicated, the
expiration of all rules and regulations of agencies in the following
principal departments, which rules and regulations were adopted
or amended on or after November 1, 1995, and before November 1,
1996, and which are therefore scheduled for expiration May 15,
1997, is postponed, and the provisions of section 244108
or 2434104, Colorado Revised Statutes, shall apply:
(a) Department of agriculture; except
that the following rule is not extended: Rule 7.04 (5), concerning
the size of the legend "Not for human consumption",
of the rules of the commissioner of agriculture pertaining to
inedible meat rendering and processing (8 CCR 12019);
(b) Department of corrections;
(c) Department of education; except that
the following rules are not extended:
(I) Rule 2202R3.01 (5), concerning
the inclusion in the contract of requests to the state board of
education for waivers from state statutes and/or regulations,
of the rules of the state board of education concerning administration
of the accreditation of schools and school districts (1 CCR 3011);
(II) Rule 2202R3.03 (1) (b)
(v), concerning the requirements for district advisory accountability
committee membership, of the rules of the state board of education
concerning administration of the accreditation of schools and
school districts (1 CCR 3011);
(III) Rule 2202R3.04 (4),
concerning appeal procedures, of the rules of the state board
of education concerning administration of the accreditation of
schools and school districts (1 CCR 3011);
(d) Department of health care policy and
financing; except that the following rules are not extended:
(I) Rule 8.317.15, concerning peer review
organization review criteria, of the rules of the state board
of medical services concerning prior authorization of medical
assistance for inpatient hospital services by peer review committees
(10 CCR 250510);
(II) Rule 8.318.16, concerning appeal
of retrospective denials (provider appeals), of the rules of the
state board of medical services concerning appeals of peer review
committees' review decisions concerning inpatient hospital services
(10 CCR 250510);
(III) Rule 8.508.30 A. 4., concerning
a child at risk or reported/found to be abused and/or neglected
or dependent or a youth in conflict or exhibiting behavioral problems
being found eligible for the children's habilitation residential
program, of the rules of the state board of medical services concerning
the children's habilitation residential program (10 CCR 250510);
(IV) Rule 8.515.20 B., concerning family
members other than spouse being employed by certified personal
care agencies to provide personal care services to relatives,
of the rules of the state board of medical services concerning
home and community based services for people with brain injury
(10 CCR 250510);
(V) Rule 8.515.70 A. 1., concerning the
definition of "adult day services", of the rules of
the state board of medical services concerning home and community
based services for people with brain injury (10 CCR 250510);
(VI) Rule 8.516.10 B. 1., concerning what
services may include, of the rules of the state board of medical
services concerning home and community based services for people
with brain injury (10 CCR 250510);
(VII) Rule 8.065.2, concerning hardship
exception, of the rules of the state board of medical services
concerning recovery of medical assistance overpayments (10 CCR
250510);
(e) Department of higher education;
(f) Department of human services;
(g) Department of labor and employment;
except that the following rules are not extended:
(I) Rule III. D. 1., concerning election
to reject coverage for an officer of a corporation or a member
of a Limited Liability Company, of the rules of the director of
the division of workers' compensation concerning insurance coverage
(7 CCR 11013);
(II) Form WC 43 of Rule III., concerning
"Rejection of Coverage by Corporate Officers or Members of
a Limited Liability Company", of the rules of the director
of the division of workers' compensation concerning insurance
coverage (7 CCR 11013);
(III) The "Youth Opportunity SubMinimum
Wage" provision of section 4 of Minimum Wage Order Number
20, of the rules of the director of the division of labor (7 CCR
11031);
(h) Department of law;
(i) Department of local affairs;
(j) Department of natural resources;
(k) Department of personnel;
(l) Department of public health and environment;
except that the following rules are not extended:
(I) Section V. of Part A of Regulation
No. 11, concerning references, of the rules of the Colorado air
quality control commission concerning the motor vehicle emissions
inspection program (5 CCR 100113);
(II) The first paragraph of Part A of
Regulation No. 6, concerning Federal Register Regulations Adopted
by Reference, of the rules of the Colorado air quality control
commission concerning standards of performance for new stationary
sources (5 CCR 10018);
(m) Department of public safety; except
that the following rules of the Chief of the Colorado State Patrol
are not extended:
(I) Rule HMR 10 C. 2. b., concerning parking
for the purpose of a rest stop, of the rules concerning hazardous
materials route designation (8 CCR 15077);
(II) Rule HMR 10 C. 3., concerning parking
regulations or ordinances being deemed to "unreasonably limit",
of the rules concerning hazardous materials route designation
(8 CCR 15077);
(III) Rule HMP 4 A., concerning the definition
of "Liability Insurance", of the rules concerning hazardous
materials transportation permits (8 CCR 15078);
(IV) Rule HMP 4 B., concerning persons
making application for a hazardous materials transportation annual
permit, of the rules concerning hazardous materials transportation
permits (8 CCR 15078);
(V) Rule HMP 4 C. 3., concerning a copy
of a written decision, order, or authorization of the Federal
Highway Administration authorizing the motor carrier to selfinsure,
of the rules concerning hazardous materials transportation permits
(8 CCR 15078);
(VI) Rule HMP 6 A., concerning Longer
Vehicle Combinations, of the rules concerning hazardous materials
transportation permits (8 CCR 15078);
(n) Department of regulatory agencies;
except that the following rules are not extended:
(I) Rule DA3 B. 1. i., concerning the
increase of fees charged to the debtor, of the rules of the state
banking board concerning debt adjusters (3 CCR 7018);
(II) Rule DA3 C. 3., concerning the debtor
being unable to complete the original debt adjustment plan within
sixty months, of the rules of the state banking board concerning
debt adjusters (3 CCR 7018);
(III) Rule DA3 C. 4., concerning a licensee
increasing the fees charged to the debtor, of the rules of the
state banking board concerning debt adjusters (3 CCR 7018);
(IV) Section VI. B. 21., concerning unlawful
payments to producers of title business for inspecting or appraising
property of Regulation 351, concerning Standards of
Conduct, of the rules of the commissioner of insurance, concerning
title insurance (3 CCR 7023);
(V) Section VI. B. 26., concerning the
unlawful use of the office of a producer of title business of
Regulation 351, concerning Standards of Conduct, of
the rules of the commissioner of insurance, concerning title insurance
(3 CCR 7023);
(VI) Rule 3.00.70 (b), concerning a pharmacist
not supervising the work of more than one unlicensed person to
assist in the practice of pharmacy when dispensing pursuant to
a prescription order, of the rules of the state board of pharmacy
concerning dispensing (3 CCR 7191);
(VII) Rule 1.8 of Chapter 1, concerning
the definition of initial registration, license or certificate,
of the rules of the board of real estate appraisers concerning
real estate appraisers (4 CCR 7252);
(VIII) Rule 8.3 of Chapter 8, concerning
the holder of an expired registration, license or certificate
reinstating the same, of the rules of the board of real estate
appraisers concerning real estate appraisers (4 CCR 7252);
(IX) Rule 723383.2.2, concerning Part 3 service, of the rules of the public utilities commission regulating applications by local exchange telecommunications providers for specific forms of price regulation (4 CCR 72338);
(o) Department of revenue;
(p) Department of state;
(q) Department of transportation.
(2) The expiration of all rules and regulations
of the public employees' retirement association, which rules and
regulations were adopted or amended on or after November 1, 1995,
and before November 1, 1996, and which are therefore scheduled
for expiration May 15, 1997, is postponed.
(3) It is the opinion of the general assembly
that the rules allowed to expire pursuant to the provisions of
this act were adopted without authority of the state constitution
or statute. Therefore, pursuant to section 244103
(8) (d), Colorado Revised Statutes, any rule allowed to expire
pursuant to the provisions of this act which is repromulgated
shall be void unless the authority to repromulgate such rule has
been granted to an agency by a statutory amendment or by the state
constitution or by a judicial determination that statutory or
constitutional authority exists for such rule.
(4) The recommendations of the committee
on legal services as reflected in this act shall apply to the
specified rules in the form in which said rules were considered
and acted upon by the committee. Any amendments or other changes
in the specified rules which became effective before November
1, 1996, which comply with the recommendations of the committee
on legal services are not affected by this act. Any subsequent
amendments or other changes in the specified rules which became
effective on or after November 1, 1996, are not affected by this
act.
SECTION 2. Repeal
property tax instructions. (1) Pages 4.1,
4.3, 4.5, 4.11, 4.12, 4.15, and 4.19 of instructions in the Assessors'
Reference Library Volume 3, Section IV, dated January 1996, of
the division of property taxation, department of local affairs,
are repealed.
(2) Pages 1.10 through 1.13, 1.48, 1.49,
1.54, 1.57, 1.60 through 1.64, and 1.75 of instructions in the
Vacant Land Workshop Materials, dated March 28, 1996, and titled
"Appraisal 010, Vacant Land Workshop, Valuation of Vacant
Land, Present Worth, of the division of property taxation, department
of local affairs, are repealed.
SECTION 3. Pilot project for review
of rules. In the interests of using staff
resources efficiently in carrying out the rule review functions
pursuant to section 244103, Colorado Revised Statutes,
the committee on legal services is authorized to direct the staff
of the office of legislative legal services to implement a oneyear
pilot project for the prioritization of the review of executive
branch rules for rules adopted or amended on or after November
1, 1996, and before November 1, 1997. The pilot project shall
require that every rule submitted be reviewed but shall provide
for appropriate graduated levels of review based on criteria established
by the committee on legal services.
SECTION 4. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO