SENATE BILL 98109
BY SENATORS Wells, Matsunaka, Perlmutter, Wattenberg, Wham, and Mutzebaugh;
also REPRESENTATIVES Grossman, Adkins, Kaufman, Kreutz,
and Nichol.
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, 1998 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, 1996, and before
November 1, 1997, and which are therefore scheduled for expiration
May 15, 1998, is postponed, and the provisions of section 244108
or 2434104, Colorado Revised Statutes, shall apply:
(a) Department of agriculture; except
that the following rules are not extended:
(I) Rule 2.7, concerning the board reimbursing
the Colorado department of agriculture for any nonpersonnel
costs associated with conducting any election, of rules of the
commissioner of agriculture concerning district boards of grazing
advisers (8 CCR 12071);
(II) Rules 6.1 and 6.2, concerning notices
of meetings, of rules of the commissioner of agriculture concerning
district boards of grazing advisers (8 CCR 12071);
(III) Rule 9.1, concerning reporting periods,
of rules of the commissioner of agriculture concerning district
boards of grazing advisers (8 CCR 12071);
(IV) Rule 9.2, concerning the board submitting
to the commissioner an unaudited financial statement, of rules
of the commissioner of agriculture concerning district boards
of grazing advisers (8 CCR 12071);
(V) Rule 9.3, concerning the board submitting
to the commissioner a threeyear special audit, of rules
of the commissioner of agriculture concerning district boards
of grazing advisers (8 CCR 12071);
(b) Department of corrections;
(c) Department of education; except that
the following rules are not extended:
(I) The following rules of the state board
of education concerning administration of the "Exceptional
Children's Educational Act" (1 CCR 3018):
(A) Rule 2220R2.02 (9), concerning
the definition of a preschool child with a disability;
(B) Rule 2220R3.01 (5) (a)
(i), (ii), (v), (vi), (viii), and (ix), concerning the contents
of the comprehensive plan;
(C) Rule 2220R4.01 (3) (c)
(ii), concerning the administrative unit appointing an educational
surrogate parent;
(D) Rule 2220R4.02 (4) (k),
concerning the written IEP for each child with a hearing disability
including a Communication Plan;
(E) Rule 2220R5.02 (4), concerning when choosing between two or more appropriate placements, the administrative unit may consider cost;
(F) Rule 2220R6.02 (2) (b),
concerning the administrative unit appointing an educational surrogate
parent;
(G) Rule 2220R8.02 (1) (f) (i), concerning salaries for certified, endorsed, or licensed personnel working with gifted and talented students;
(II) Rule 2251R2.01, concerning
the rules for the administration of the public school transportation
fund pertaining to all districts, of the rules of the state board
of education concerning administration of the public school transportation
fund (1 CCR 30114);
(III) Rule 2260.5R3.05 (4),
concerning applicants for professional licenses not completing
an approved induction program as a provisional teacher licensee,
of the rules of the state board of education concerning administration
of the "Educator Licensing Act of 1991" (1 CCR
30137);
(IV) Rule 2260.5R13.02, concerning
program evaluation of each induction program, of the rules of
the state board of education concerning administration of the
"Educator Licensing Act of 1991" (1 CCR 30137);
(d) Department of health care policy and
financing; except that the following rules are not extended:
(I) The following rules of the medical
services board, concerning use of an enrollment facilitator (10
CCR 250510):
(A) 8.207.21, concerning voluntary enrollment
of clients to medicaid managed care options;
(B) 8.207.22, concerning mandatory client
inform and choice period;
(C) 8.207.29 A., concerning Default Assignment
through the Medicaid Management Information System (MMIS);
(D) 8.207.41 C., concerning ensuring that
all clients have no less than sixtyfive calendar days to
select among the available managed care options;
(II) Rules 8.112 through 8.112.33, concerning
treatment of income and resources for institutionalized spouses
or spouses of individuals enrolled in the program for all inclusive
care for the elderly (PACE), of the rules of the state board of
medical services (10 CCR 250510);
(e) Department of higher education;
(f) Department of human services; except
that the following rules are not extended:
(I) Rule 3.850.66, concerning interim
relief Colorado works and child care assistance, of the
rules of the state board of human services concerning income maintenance
(9 CCR 25031);
(II) Rule 3.616.1 H., concerning recipients
of state diversion who receive a onetime or shortterm
payment not being required to assign child support rights, of
rules of the state board of human services concerning the Colorado
Works program (9 CCR 25031);
(III) Rule 6.903.11 L., concerning denial
of passports, of the rules of the state board of human services
concerning child support enforcement (9 CCR 25041);
(IV) The first paragraph of Rule 5.190.2,
concerning submittal and certifications, of the rules of the department
concerning finance and accounting (11 CCR 25081);
(V) Rule 7.402.71 E. 2., concerning the
director of the central registry, or designee, reviewing records,
of the rules of the state board of human services concerning the
central registry of child protection (12 CCR 25095);
(VI) Rule 7.803 C. 2., concerning completed
home study and supporting documents complying with INS requirements,
of the rules of the state board of human services concerning nonpublic
interstate and foreign adoptions (12 CCR 25099);
(VII) Rule 7.508.21, concerning use and
observance of the compact, of the rules of the state board of
human services concerning the interstate compact on the placement
of children (12 CCR 25096);
(VIII) Rule 7.508.7 F. 4. b, concerning
the placement has disrupted and the child has been returned to
the sending state or has been relocated, of rules of the state
board of human services concerning the interstate compact on the
placement of children (12 CCR 25096);
(IX) Rule 7.508.83 B. 3., concerning obtaining
a copy of form ICPC103, of the rules of the state board
of human services concerning the interstate compact on placement
of children (12 CCR 25096);
(g) Department of labor and employment;
(h) Department of law;
(i) Department of local affairs;
(j) Department of natural resources; except
that the following rules are not extended:
(I) The following rules of the director
of the division of minerals and geology, concerning the coal mine
health and safety rules and regulations of the coal mine board
of examiners (2 CCR 4075):
(A) Rule 1.2 (1), concerning the quarterly
meetings of the board;
(B) Rule 1.7 (2), concerning the amount
of the fee;
(C) Rule 2.3 (1) (a), concerning the procedure
if certification lapses from a person's lack of being actively
employed in the coal mining industry;
(D) Rule 3.2 (6), concerning Temporary
Certification;
(E) Rule 5.1 (3) (c), concerning where
the health and safety of other individuals may be compromised,
of a rule relating to the director or office taking immediate
action to temporarily suspend a certification;
(II) Rule #300 5. a. (1) of Chapter 3,
concerning the type of insurance being "comprehensive general
liability" or "commercial general liability", of
rules of the board of parks and outdoor recreation relating to
river outfitters (2 CCR 4051);
(III) Rule #206 B. 4. c. of Article II
of Chapter 2, concerning any eligible hunter ages 12 through 15
being entitled to youth hunt preference for the regular rifle
seasons, of the rules of the wildlife commission concerning big
game hunting (2 CCR 4062);
(IV) Rule # 206. B. 4. d. of Article II of Chapter 2, concerning up to 15 percent of the number of eithersex deer licenses and antlerless deer, elk, and antelope licenses being available for purchase by qualified youth applicants, of rules of the wildlife commission concerning big game hunting (2 CCR 4062);
(k) Department of personnel; except that
the following rule is not extended: Rule 1., concerning a specific
technical standard matrix, of the IMC Rule on Technical Standards
Matrix of rules of the information management commission (1 CCR
1062);
(l) Department of public health and environment;
except that the following rules are not extended:
(I) Rule 3.2.8, of Part 3 of Chapter II,
concerning the department not collecting in any report any patient
or resident names, of the rules pertaining to General Licensure
Standards for health and hospital facilities (6 CCR 10111);
(m) Department of public safety;
(n) Department of regulatory agencies;
except that the following rules are not extended:
(I) Rule XV. L., concerning coverage of
inspectors under good faith immunity in acting as agents for the
board, of rules of the state board of dental examiners pertaining
to anesthesia office inspection (3 CCR 7091);
(II) Rule XIX. F., concerning practice
monitor guidelines, of rules of the state board of dental examiners
(3 CCR 7091);
(o) Department of revenue; except that
the following rules are not extended:
(I) The entire rule concerning issuance
of special interest license plates, designated as Rule 10 in the
table of contents, of the rules of the executive director pertaining
to license plates, inspection, registration, ownership taxes,
dealers, enforcement and hearing procedures (1 CCR 20414);
(II) Rule 3.308 of Chapter 3 on Occupational
Licenses, concerning issuance of a temporary license badge, of
the rules of the Colorado racing commission (1 CCR 2081);
(III) The portion of Sales Tax Regulation
26114.11 of the rules of the department of revenue (1 CCR
2014), commencing with the word "INTRODUCTION:"
through the last paragraph that precedes paragraph (A) of the
regulation; except that the following paragraph is extended:
"For machinery to be used predominantly in manufacturing,
the greatest use of the machinery must be its use in manufacturing.
If a machine has other uses in addition to its manufacturing
use, the manufacturing use must be greater than 50% of all use
to qualify for the exemption. For purposes of determining whether
the manufacturing use of an item of machinery is greater than
50% of all use, machinery which is shut off is not in use, even
while being repaired or maintained.
(IV) Paragraph (C) of Sales Tax Regulation
26114.11 of the rules of the department of revenue (1 CCR
2014), concerning the definition of "MACHINERY".
(p) Department of state; except the following
rules are not extended:
(I) Rule 22.4, concerning the purpose
or nature of interest of the committee or party, of rules of the
secretary of state concerning Fair Campaign Practices (8 CCR 15056);
(II) Rule 24.1, concerning the definition
of contribution, of rules of the secretary of state concerning
Fair Campaign Practices (8 CCR 15056);
(III) Rule 25., concerning unexpended
contributions, of rules of the secretary of state concerning Fair
Campaign Practices (8 CCR 15056);
(q) Department of transportation;
(2) The expiration of all rules and regulations
of the public employee's retirement association, which rules and
regulations were adopted or amended on or after November 1, 1996,
and before November 1, 1997, and which are therefore scheduled
for expiration May 15, 1998, is postponed.
(3) Rule 1264103 (14). R II.
9. (b), concerning emergency services, and Rule 1264103
(14). R II. 10., concerning recordkeeping, of the rules of professional
conduct of the code of professional ethics, of the rules of the
state board of veterinary medicine, of the department of regulatory
agencies (4 CCR 7272), which rules were adopted on or after
November 1, 1997, are repealed.
(4) (a) The expiration of the following
rules and regulations of the department of personnel, which rules
and regulations were adopted or amended on or after January 1,
1987, and before January 1, 1988, and which were extended until
May 15, 1998, in Senate Bill 96236, chapter 148, Session
Laws of Colorado 1996, is postponed until May 15, 2000:
(I) R12124, concerning job
group (4 CCR 8011);
(II) P1121, concerning protected
classes (4 CCR 8012);
(III) P1122, concerning workforce
availability and utilization analysis (4 CCR 8012).
(b) The expiration of the following rules
and regulations of the department of personnel, which rules and
regulations were adopted or amended on or after January 1, 1992,
and before January 1, 1993, and which were extended until May
15, 1998, in Senate Bill 96236, chapter 148, Session Laws
of Colorado 1996, is postponed until May 15, 2000:
(I) Policy 111, concerning discrimination
prohibited (4 CCR 8011);
(II) R1111, concerning appeals
and grievances (4 CCR 8011);
(III) R1112, concerning guidelines
and standards (4 CCR 8011);
(IV) R1113, concerning sexual
harassment (4 CCR 8011);
(V) R1114, concerning reasonable
accommodation for persons with a disability (4 CCR 8011);
(VI) R1115, concerning remedies
(4 CCR 8011);
(VII) Policy 112 (C), concerning
persons with disabilities (4 CCR 8011);
(VIII) R1121, concerning affirmative
action plan (4 CCR 8011);
(IX) R1125, concerning director's
review of examination (4 CCR 8011);
(X) R1128, concerning determination
of underutilization (4 CCR 8011);
(XI) R1129, concerning complaints
regarding administration (4 CCR 8011).
(c) The following rules and regulations
of the department of personnel, which rules and regulations were
adopted or amended on or after January 1, 1987, and before January
1, 1988, and which were extended until May 15, 1998, in Senate
Bill 96236, chapter 148, Session Laws of Colorado 1996,
and are therefore scheduled to expire on May 15, 1998, are not
extended:
(I) P1218 (f), (f)(1) and
(f)(2), concerning promotional examination announcements (4 CCR
8012);
(II) P1123, concerning affirmative
action plan (4 CCR 8012).
(d) The following rules and regulations
of the department of personnel, which rules and regulations were
adopted or amended on or after January 1, 1992, and before January
1, 1993, and which were extended until May 15, 1998, in Senate
Bill 96236, chapter 148, Session Laws of Colorado 1996,
and are therefore scheduled to expire on May 15, 1998, are not
extended:
(I) Policy 112 (A), concerning affirmative
action being the commitment of state government (4 CCR 8011);
(II) R1122, concerning recruitment
program (4 CCR 8011);
(III) R1127, concerning considerations
in making appointments (4 CCR 8011).
(e) No later than September 1, 2000, the
department of personnel shall submit to the committee on legal
services the following information:
(I) Employment utilization figures for
the state personnel system for the period from January 1, 1998,
through January 1, 2000;
(II) The department of personnel's annual
affirmative action reports to the governor for 1998 and 1999;
(III) Such other information as the staff
of the committee on legal services may reasonably request related
to implementation of the affirmative action rules to aid in the
evaluation of their operation and legal sufficiency.
(5) Rule 3.850.66, concerning interim
relief Colorado works and child care assistance, of the
rules of the state board of human services, of the department
of human services, concerning income maintenance (9 CCR 25031),
which rule was adopted on or after November 1, 1997, is repealed.
(6) Rule 8.079.4. G., concerning MCO quality
assurance programs, of the rules of the medical services board,
of the department of health care policy and financing (10 CCR
250510), which rule was adopted on or after November 1,
1997, is repealed.
(7) The following instructions in the
Assessors' Reference Library Volume 3, Chapter 5, of the division
of property taxation, department of local affairs, approved by
the state board of equalization on January 17, 1998, are repealed:
(a) The second paragraph on page 5.23,
concerning definitions and use of livestock;
(b) The portion of the instructions designated
as STEP: 2, concerning determining the primary use of the parcel,
which is comprised of the last paragraph on page 5.24, pages 5.25
and 5.26, and the first three paragraphs on page 5.27.
(8) 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 that became effective before November 1,
1997, that 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 that became effective
on or after November 1, 1997, are not affected by this act.
SECTION 20 Pilot project for
review of rules extended.
In H.B. 971193, the general assembly authorized the committee
on legal services to conduct a oneyear pilot project for
the prioritization of the review of executive branch rules. In
the interests of using staff resources efficiently in carrying
out the rule review functions pursuant to section 244103,
Colorado Revised Statutes, and to gather more information on the
effectiveness of such an approach, the committee on legal services
is authorized to direct the staff of the office of legislative
legal services to continue to operate the pilot project for the
prioritization of the review of executive branch rules adopted
or amended on or after November 1, 1997, and before November 1,
1998. 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 30 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO