Committee on Legal Services Telephone: 303-866-2045 Sen. John Morse, Chair OFFICE OF LEGISLATIVE LEGAL SERVICES Facsimile: 303-866-4157 Rep. Jeanne Labuda, Vice Chair GENERAL ASSEMBLY E-mail: [email protected] Rep. Rep. Daniel Kagan Rep. Claire Levy Rep. Ellen Roberts Sen. Greg Brophy Sen. Shawn Mitchell Sen. Gail Schwartz Sen. Jennifer Veiga State Capitol Building, Room 091 200 East Colfax Avenue , Colorado 80203-1782 Director Charles W. Pike May 11, 2009 Deputy Directors Dan L. Cartin Sharon L. Eubanks The Honorable Bernie Buescher Revisor of Statutes Secretary of State Jennifer G. Gilroy Colorado Department of State Senior Attorneys Gregg W. Fraser Administration Division Deborah F. Haskins Suite 250 Bart W. Miller Julie A. Pelegrin 1700 Broadway Senior Staff Denver, CO 80290 Attorneys Jeremiah B. Barry Christine B. Chase Edward A. DeCecco Dear Mr. Secretary: Michael J. Dohr Kristen J. Forrestal Duane H. Gall Jason Gelender Attached in this document is a copy of House Bill 09-1292 which was signed Robert S. Lackner Thomas Morris by the Governor on April 22, 2009. As evidenced by such act, please note that Nicole S. Myers Jery Payne specified rules and regulations adopted or amended on or after November 1, 2007, and before November 1, 2008, and which were therefore scheduled for Senior Staff Attorney for expiration May 15, 2009, have been allowed to expire pursuant to section 24- Rule Review Charles Brackney 4-103 (8) (c) (I), C.R.S. In accordance with section 24-4-103(11) (d), C.R.S., Senior Staff please direct the expeditious removal of such rules and regulations from the Attorney for Annotations Code of Colorado Regulations. In addition, the Code should contain Michele D. Brown appropriate references to House Bill 09-1292 where applicable, pursuant to Staff Attorneys Troy Bratton section 24-4-103 (11) (a), C.R.S. Brita Darling Kate Meyer Jane M. Ritter Richard Sweetman In addition, the Committee on Legal Services took action on rules of the oil Esther van Mourik and gas conservation commission relating to practice and procedure which Publications Coordinator were adopted on December 11, 2008, and which due to their adoption date Kathy Zambrano were scheduled under the Administrative Procedure Act to expire on May 15, 2010. The bill provides for the repeal on May 15, 2009, of some of those rules as listed in subsection (4) of the bill. Subsection (5) of the bill postpones the May 15, 2010, automatic expiration of the remainder of the oil and gas conservation commission rules on practice and procedure. Thus, the rules listed in subsection (5) of the bill are extended in the rule review bill, effective May 15, 2009, and the rules listed in subsection (4) of the bill are repealed, effective May 15, 2009. After the Committee and the General Assembly acted on these rules, the oil and gas conservation commission adopted some rule changes in response to the recommendations in House Bill 09-1292. To the extent those rules have been superseded and replaced by those new rules, those new rules should remain in the Code of Colorado Regulations, however, the Code should contain a record and notation of the actions taken on the 2008 version of the rules as reflected in House Bill 09-1292 in accordance with section 24-4-103 (11) (a), C.R.S.

Thank you for your attention to this matter.

Sincerely,

Deborah F. Haskins Senior Attorney Office of Legislative Legal Services Staff to the Committee on Legal Services

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