Second Regular Session
Sixty-first General Assembly
LLS NO. R980197.01 PLC
STATE OF COLORADO
BY REPRESENTATIVE Paschall
BUSINESS AFFAIRS & LABOR
HOUSE JOINT RESOLUTION 98-1044
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.