Committee on Legal Services Telephone: 303-866-2045 Sen. Jennifer Veiga, Chair OFFICE OF LEGISLATIVE LEGAL SERVICES Facsimile: 303-866-4157 Rep. Anne McGihon, Vice Chair COLORADO GENERAL ASSEMBLY E-mail: [email protected] Rep. Morgan Carroll Rep. Mike Cerbo Rep. Bob Gardner Rep. Ellen Roberts Sen. Peter Groff Sen. Shawn Mitchell Sen. Brandon Shaffer Sen. Steve W ard State Capitol Building, Room 091 200 East Colfax Avenue Denver, Colorado 80203-1782 Director Charles W. Pike

Deputy Directors Dan L. Cartin May 25, 2007 Sharon L. Eubanks

Revisor of Statutes The Honorable Mike Coffman Jennifer G. Gilroy Secretary of State Senior Attorneys Gregg W. Fraser 1700 Broadway Deborah F. Haskins Suite 270 Bart W. Miller Julie A. Pelegrin Denver, CO 80290 Senior Staff Attorneys Jeremiah B. Barry Dear Mr. Secretary: Christine B. Chase Edward A. DeCecco Michael J. Dohr Kristen J. Forrestal Attached in this document is a copy of House Bill 07-1167 which was signed Duane H. Gall Jason Gelender by the Governor on May 10, 2007. As evidenced by such act, please note that Robert S. Lackner Stephen M. Miller specified rules and regulations adopted or amended on or after November 1, Thomas Morris Nicole S. Myers 2005, and before November 1, 2006, and which were therefore scheduled for

Senior Staff expiration May 15, 2007, have been allowed to expire pursuant to section 24- Attorney for 4-103 (8) (c) (I), C.R.S. In accordance with section 24-4-103 (11) (d), C.R.S., Rule Review Charles Brackney and with the following exceptions noted in this document, please direct the Senior Staff expeditious removal of such rules and regulations from the Code of Colorado Attorney for Annotations Regulations. In addition, the Code should contain appropriate references to Michele D. Brown House Bill 07-1167 where applicable, pursuant to section 24-4-103 (11) (a), Staff Attorneys Brita Darling C.R.S. Karen Epps John Hershey Jery Payne Jane M. Ritter Some of the rules and regulations in House Bill 07-1167 were subsequently Richard Sweetman Esther van Mourik amended by state agencies in 2007 prior to their expiration. Due to being superseded in 2007 by newly adopted rules, the following rules should Publications remain, as amended, in the Colorado Code of Regulations: Coordinator Kathy Zambrano Rule 8.518.14.B.3., of the medical services board, department of health care policy and financing, listed in the bill under subsection (1) (d), concerning if more than one family member provides personal care to the same client;

Regulation 47-918. C., of the division of liquor enforcement, department of revenue, listed in the bill under subsection (1) (p) (II), concerning the patron may not place the container in the passenger area of a motor vehicle; Rules I through XVI, of the department of transportation, listed in the bill under subsection (1) (r) (I) through (1) (r) (XVI),concerning the motorcycle operator safety training program.

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

2 HOUSE BILL 07-1167

BY REPRESENTATIVE(S) McGihon, Carroll T., Cerbo, Carroll M., Gardner B., Green, Casso, and Labuda; also SENATOR(S) Veiga, Groff, Mitchell S., and Shaffer.

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, 2007 - 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, 2005, and before November 1, 2006, and that are therefore scheduled for expiration May 15, 2007, is postponed, and the provisions of section 24-4-108 or 24-34-104, Colorado Revised Statutes, shall apply:

(a) Department of agriculture;

(b) Department of corrections;

______Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. (c) Department of education; except that the following rule of the state board of education concerning administration of the educator licensing act of 1991 are not extended (1 CCR 301-37): The introductory portion of Rule 2260.5-R-23.00, concerning waivers;

(d) Department of health care policy and financing; except that the following rule of the medical services board concerning medical assistance is not extended (10 CCR 2505-10): Rule 8.518.14.B. 3., concerning if more than one family member provides personal care to the same client;

(e) Department of higher education;

(f) Department of human services; except that the following rules of the state board of human services concerning general information and policies are not extended (12 CCR 2509-1):

(I) Rule 7.000.73 B., concerning the state department shall assess a uniform fee for the purpose of conducting employment and volunteer background screening;

(II) Rule 7.000.73 C., concerning the state department shall review the fee at least annually;

(III) Rule 7.000.73 D., concerning the state department is authorized to set the fee not to exceed $35;

(IV) Rule 7.000.73 E., concerning the state department shall notify the state board of human services of changes to the fee at least annually;

(V) Rule 7.000.73 F., concerning when the state department anticipates changing the fee under the parameters set forth above;

(VI) Rule 7.000.73 G., concerning the state department shall notify interested persons by way of the department's background investigations unit website;

(g) Department of labor and employment; except that the following rules of the division of oil and public safety concerning boilers and pressure vessels are not extended (7 CCR 1101-5):

PAGE 4-HOUSE BILL 07-1167 -4- (I) Section 1-7-1 (b), concerning 20 square feet heating surface (not applicable to electric boilers);

(II) Section 1-9, concerning exemptions;

(III) Section 5-1, concerning requirements for owner-user inspection organizations;

(h) Department of law;

(i) Department of local affairs;

(j) Department of military and veterans affairs; except that the following rules of the adjutant general, division of veterans affairs concerning operations and maintenance of the veterans memorial cemetery of western Colorado (VMCWC) are not extended (8 CCR 1509-1):

(I) The fee schedule table contained in Rule 8 CCR 1509.3 A.;

(II) Rule 8 CCR 1509.3 A. (1), concerning fees assume the VA provides the $300 burial allowance to VMCWC for eligible veterans' interments;

(III) Rule 1509.5, concerning fee for use of VMCWC facilities;

(k) Department of natural resources;

(l) Department of personnel;

(m) Department of public health and environment;

(n) Department of public safety;

(o) Department of regulatory agencies; except that the following rule of the state banking board concerning trust companies is not extended (3 CCR 701-6): Rule TC5, concerning investment in small business investment companies;

(p) Department of revenue; except that the following rules are not extended:

PAGE 5-HOUSE BILL 07-1167 -5- (I) The following rules of the taxpayer service division concerning severance tax (1 CCR 201-10):

(A) Regulation 39-29-104, concerning in addition to all other taxes, there is levied a tax upon the severance of all molybdenum ore;

(B) Regulation 39-29-106.1, concerning in addition to all other taxes, there is levied a tax upon the severance of coal;

(II) The following rule of the division of liquor enforcement concerning liquor code (1 CCR 203-2): Regulation 47-918. C., concerning the patron may not place the container in the passenger area of a motor vehicle;

(q) Department of state; except that the following rules are not extended:

(I) The following rules of the secretary of state concerning election rules (8 CCR 1505-1):

(A) Rule 26.2.2, concerning if an elector whose name is not in the registration records, appears in person at the county clerk and recorder's office and states that he or she has timely registered;

(B) Rule 38.10, concerning prior to January 1, 2006, election judges shall make one certificate for each vote center;

(C) Rule 38.12, concerning after January 1, 2006, reconciliation shall consist of a race-by-race comparison by precinct of the received tabulation;

(II) The following rule of the secretary of state concerning campaign and political finance (8 CCR 1505-6): Rule 1.14 b., concerning at least annually gives the membership organization specific written permission to transfer dues to a political committee or small donor committee;

(r) Department of transportation; except that the following rules of the chief engineer concerning the motorcycle operator safety training program are not extended (2 CCR 602-3):

PAGE 6-HOUSE BILL 07-1167 -6- (I) Rule I., concerning authority and purpose;

(II) Rule II., concerning definitions;

(III) Rule III., concerning program sponsor application requirements;

(IV) Rule IV., concerning program sponsor certification requirements;

(V) Rule V., concerning program instruction certification requirements;

(VI) Rule VI., concerning maintenance of program instructor certification;

(VII) Rule VII., concerning program instructor training;

(VIII) Rule VIII., concerning approved motorcycle operator safety training courses;

(IX) Rule IX., concerning motorcycle requirements;

(X) Rule X., concerning program range requirements;

(XI) Rule XI., concerning quality assurance;

(XII) Rule XII., concerning program funds and contract procedures;

(XIII) Rule XIII., concerning denial, suspension, and revocation of certification;

(XIV) Rule XIV., concerning notice and hearing requirements;

(XV) Rule XV., concerning reinstatement standards for program sponsors and program instructors;

(XVI) Rule XVI., concerning advisory committee.

(2) The expiration of all rules and regulations of the public

PAGE 7-HOUSE BILL 07-1167 -7- employees' retirement association, which rules and regulations were adopted or amended on or after November 1, 2005, and before November 1, 2006, and which are therefore scheduled for expiration May 15, 2007, is postponed.

(3) The expiration of all rules and regulations of the Colorado office of economic development, in the office of the governor, which rules and regulations were adopted or amended on or after November 1, 2005, and before November 1, 2006, and which are therefore scheduled for expiration May 15, 2007, is postponed; except that the following rule of the director of the Colorado office of economic development concerning certified capital companies' program is not extended (8 CCR 1501-2): The portion of the Rule on certified capital companies' program that is captioned "annual audit by an independent certified public accountant".

(4) The expiration of all rules and regulations of the commission on information management in the office of information technology, in the office of the governor, which rules and regulations were adopted or amended on or after November 1, 2005, and before November 1, 2006, and which are therefore scheduled for expiration May 15, 2007, is postponed.

(5) 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, 2006, 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, 2006, are not affected by this act.

SECTION 2. Safety clause. The general assembly hereby finds,

PAGE 8-HOUSE BILL 07-1167 -8- determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

______Andrew Romanoff Joan Fitz-Gerald SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE

______Marilyn Eddins Karen Goldman CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE

APPROVED______

______Bill Ritter, Jr. GOVERNOR OF THE STATE OF COLORADO

PAGE 9-HOUSE BILL 07-1167 -9-