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Title 12 Recodification Project

In 2016, the General Assembly enacted S.B. 16-163, which directs the Office of Legislative Legal Services (OLLS) to conduct a study of an organizational recodification of Title 12 of the Colorado Revised Statutes governing the regulation of professions and occupations.

After months of stakeholder discussions, the introduction of 15 bills, multiple committees of reference meetings, and finally the passage of those 15 bills , the first stage of the Title 12 Recodification Project is complete. The voluminous Title 12 has been slimmed down by approximately 270 pages, with 21 articles relocated to portions of the Colorado Revised Statutes that more directly relate to their subject matter.

The next stage of the project begins this summer, with more stakeholder discussions concerning:

  • Relocating various articles in Title 12 that do not pertain to professions and occupations to more appropriate locations in the Colorado Revised Statutes;
  • Relocating articles in Title 12 administered by the Department of Revenue to a new (and not yet created) title in the Colorado Revised Statutes: Title 44;
  • Reorganizing the articles remaining in Title 12 that pertain to professions and occupations, including consolidating duplicative language into general or common provisions articles that could apply to all professions and occupations.

As in the 2016 interim, the OLLS will solicit input from any affected and interested representatives from professions and occupations regulated under Title 12 and interested members of the public, as well as state and local government agencies. The goal is to formulate specific recodification proposals and begin writing draft legislation during the interim for introduction in the 2018 legislative session.

 

Upcoming Meetings

  • Tuesday, December 12, at 9:00 a.m., SCR 352
  • Christy Chase and Thomas Morris will provide a status report to the Committee on Legal Services on the Title 12 Recodification Project, which includes a proposal to extend the Project through the 2019 legislative session.

 

Proposals Under Consideration for 2018 Legislative Session

Subject Feedback Draft Proposal Audio Staff Contact
Proposed Relocation of Article 6 of Title 12 - Automobiles Summary Bill Draft   Jery Payne
Proposed Relocation of Articles 43.3 and 43.4 of Title 12 - Marijuana  Summary Bill Draft   Michael Dohr
Relocation of Liquor Laws Proposal
Proposed Relocation of Articles 46, 47, & 48 of Title 12 - Liquor Laws
Proposed Relocation of Part 4 of Article 35 of Title 24 - LED Cash Fund
Summary  
Bill Draft
Bill Draft
 Listen Christy Chase
Proposed Relocation of Article 26 and 26.1 of Title 12 - Firearms Dealers and Background Checks - Gun Shows   Bill Draft   Michael Dohr
Proposed Relocation of Article 37.5 of Title 12 - The "Colorado Parental Notification Act"   Bill Draft   Michael Dohr
Proposed Relocation of Part 3 of Article 55 of Title 12 - Unsworn Declarations Summary Bill Draft   Thomas Morris
Proposed Relocation of Articles 26, 26.1, and 37.5 and Part of Article 55 of Title 12 -
combined Firearms Dealers and Background Checks-Gun Shows, the "Colorado Parental Notification Act", and Unsworn Declarations
  Bill Draft    
Proposed Relocation of Articles 47.1 and 47.2 of Title 12 - "Colorado Limited Gaming Act" and "Tribal-state Gaming Compact" Summary Bill Draft   Esther van Mourik
Proposed Relocation of Part 6 of Article 35 of Title 24 - "Gambling Payment Intercept Act" Summary Bill Draft   Esther van Mourik
Proposed Relocation of Part 2 of Article 35 of Title 24 - State Lottery Division Summary Bill Draft   Esther van Mourik
Proposed Relocation of Article 60 of Title 12 - Racing Summary Bill Draft   Jennifer Berman
Proposed Relocation of Part 5 of Article 35 of Title 24 - Tobacco Sales to Minors Summary Bill Draft   Jennifer Berman
Proposed Extension of Title 12 Project Through September 1, 2019 (one additional year)   Bill Draft   Christy Chase

 

How can you participate in the project?

 

Legislation Signed Into Law

Subject Matter Session Law
Allow agencies to correct statutory citations in the code of Colorado regulations without notice, comment, or a hearing by submitting to the secretary of state a specific, written determination by the attorney general. HB17-1006

Relocate Various Articles from Title 12 to Other Titles in the Colorado Revised Statutes

Subject Matter Articles Affected in Title 12 Session Law
Regulation of Financial Institutions Articles 13 & 52 SB17-226
Fireworks Article 28 SB17-222
Licenses Granted by Local Governments Articles 18, 25.5, & 56 SB17-228
Farm Products & Warehouses Article 16 SB17-225
Driving Schools Article 15 SB17-224
Attorneys-at-Law Article 5 SB17-227
Anatomical Gifts & Unclaimed Human Bodies Article 34 SB17-223
Private Occupational Schools Article 59 HB17-1239
Credit Debt Services Articles 14, 14.1, 14.3, & 14.5 HB17-1238
Wholesale Sales Representatives Article 66 HB17-1243
Cemeteries Article 12 HB17-1244
Public Establishments Parts 1 & 3 of Article 44 HB17-1245
CDPHE Articles 29.3 & 30 HB17-1240
Indian Arts & Crafts Sales Article 44.5 HB17-1241

 

Why is recodification needed?

A more rational organization of Title 12 would make the title easier to understand, administer, and amend because:

  • Title 12 is Voluminous
    • Contains nearly 1500 pages
    • Addresses not only laws governing professions and occupations regulated by the Department of Regulatory Agencies, but other areas of law not truly a "profession or occupation", impacting 7 principal state departments, the judicial branch, local governments, and medical schools
    • Articles that do not pertain to the regulation of a profession or occupation may be better located within the organic statutes for the department that administers the article
  • Title 12 is Disorganized
    • Almost a third of the articles have been repealed, but the numbers for those articles cannot be reused absent a recodification
    • Another third of the articles have been squeezed in between previous articles (like 43.2, 43.3, 43.4, etc.) in an effort to add new regulated professions and occupations in alphabetical order
  • Title 12 is Repetitive
    • Many articles contain duplicative language that could be consolidated into a general or common provisions article that could apply broadly to all professions and occupations

If you have any questions or comments about the study, contact:

Thomas Morris
303-866-4218
Christy Chase
303-866-2008