Second Regular Session

Sixty-first General Assembly

LLS NO. R98­0197.01 PLC





WHEREAS, The Department of Regulatory Agencies includes some 23 regulatory boards for the regulation of various professions and occupations; and

WHEREAS, Until recently, such boards were subject to periodic review by a special, joint Sunrise and Sunset Review Committee of the General Assembly; and

WHEREAS, In 1996, the Sunrise and Sunset Review Committee was abolished and the task of reviewing regulatory boards was assigned to standing committees of the General Assembly; and

WHEREAS, The task of conducting such reviews is arduous, time­consuming, and of dubious benefit to the citizens of Colorado; and

WHEREAS, The supervision of regulated professions and occupations can be accomplished more efficiently, at lower cost, and with less government intrusion if businesses are made answerable to their peers and motivated by an enlightened self­interest; and

WHEREAS, A system of private regulation through Self­Regulatory Organizations (SROs) could perform the functions now served by government regulation without the attendant problems and could bring these benefits to the citizens of Colorado; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate concurring herein:

(1)  That there shall be a committee to meet in the interim after the 1998 Second Regular Session of the Sixty­first General Assembly to study the short­term and long­term effects of self­regulation of professions and occupations that are currently regulated under title 12, Colorado Revised Statutes. Such interim committee shall consist of eleven members of the General Assembly. Five of such members shall be from the Senate, comprising three appointed by the President of the Senate and two appointed by the Minority Leader, and six of such members shall be from the House of Representatives, appointed by the Speaker of the House of Representatives. At least one member of the interim committee from the Senate and one from the House of Representatives shall be from west of the Continental Divide. The interim committee may consider, but need not be limited to, the following:

(a)  An overview of the condition of industry regulation in Colorado and its effectiveness and efficiency; and

(b)  Whether or not a system of private regulation through SROs could effectively replace the current method of regulation; and

(c)  How the citizens of the state would benefit by the self­regulation of certain professions and occupations; and

(d)  What legal implications exist in the transition from current regulation by the state of certain professions and occupations to their regulation through SROs; and

(e)  If self­regulation of any professions and occupations has been implemented in any other state and, if so, its effectiveness; and

(f)  Methods to implement a system of private regulation of professions and occupation through SROs.

(2)  That, in conducting such study, the interim committee may consult, as may be required, with appropriate local, state, and federal agencies and interested members of the public and may hold public hearings in locations of the state outside the Denver metropolitan area as deemed necessary for purposes of the study. The study shall not require additional staff for any state agency or any additional appropriation to any such state agency.

(3)  That the Legislative Council shall report its findings and recommendations to the 1999 First Regular Session of the Sixty­second General Assembly.

(4)  That all expenditures incurred in the conduct of the study enumerated in this resolution shall be approved by the chairperson of the Legislative Council and paid by vouchers and warrants drawn as provided by law from funds allocated to the Legislative Council from appropriations made by the General Assembly.