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Title 12 Recodification Study

The General Assembly recently 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.

 

Upcoming Meetings

  • February 3, 2017, at 11:30 a.m. in SCR 357 —
    Presentation to the Committee on Legal Services of Title 12 Recodification Study bill drafts, which relocate various articles from Title 12 to other titles in the Colorado Revised Statutes

How can you participate in the study?

 

Proposed Legislation

Subject Matter Bill Draft
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. 17-0223

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

Subject Matter Articles Affected in Title 12 Bill Draft
Regulation of Financial Institutions Articles 13 & 52 17-0226
Fireworks Article 28 17-0227
Licenses Granted by Local Governments Articles 18, 25.5, & 56 17-0228
Farm Products & Warehouses Article 16 17-0229
Driving Schools Article 15 17-0230
Attorneys-at-Law Article 5 17-0234
Anatomical Gifts & Unclaimed Human Bodies Article 34 17-0235
Private Occupational Schools Article 59 17-0236
Credit Debt Services Articles 14, 14.1, 14.3, & 14.5 17-0237
Wholesale Sales Representatives Article 66 17-0238
Cemeteries Article 12 17-0239
Public Establishments Parts 1 & 3 of Article 44 17-0240
CDPHE Articles 29.3 & 30 17-0241
Indian Arts & Crafts Sales Article 44.5 17-0242

 

Workgroup Meeting Summary from October 20, 2016

Workgroup Summary Audio
Stakeholder Discussion of Proposed Relocation of Articles in Title 12 Administered by the Department of Revenue to a New Title 44 in the Crs and Proposed Nonsubstantive Reorganization of the Marijuana Codes (Articles 43.3 and 43.4) and Automobile Dealers Article (Article 6) Meeting Summary Listen to Meeting

Workgroup Meeting Summary from October 19, 2016

Workgroup Summary Audio
Stakeholder Discussion of Proposed Nonsubstantive Restructuring of Article 61 of Title 12 (Real Estate) Meeting Summary Listen to Meeting

Committee on Legal Services Meeting Summary and Audio from September 29, 2016

Memoranda Summary Audio
Update on and Recommendations from Title 12 Recodification Study                                   Listen to Meeting

Workgroup Meeting Summary and Audio from August 18, 2016

Workgroup Summary Audio
Division of Professions and Occupations Meeting Summary Listen to Meeting

Workgroup Meeting Summary from August 17, 2016

Workgroup Summary
Non-DPO Agencies within DORA
(Due to technical difficulties, audio is not available for this meeting.)
Meeting Summary

Workgroup Meeting Summaries and Audio from July 21, 2016

Workgroup Summary Audio
Governor’s Office Meeting Summary Listen to Meeting
Dept. of Higher Ed Meeting Summary Listen to Meeting
Judicial Branch Meeting Summary Listen to Meeting
Secretary of State Meeting Summary Listen to Meeting
Department of Revenue Meeting Summary Listen to Meeting
Dept. of Agriculture Meeting Summary Listen to Meeting
Dept. of Public Health and Environment Meeting Summary Listen to Meeting
Dept. of Law Meeting Summary Listen to Meeting
Local Governments Meeting Summary Listen to Meeting
Miscellaneous Meeting Summary Listen to Meeting

 

Study Documents

Title 12 Title Analysis (6/30/2016)

 

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

 

How does the recodification study work?

During the 2016 interim, the OLLS will solicit input from state and local government agencies, representatives from professions and occupations regulated under title 12, and other interested members of the public. During the 2017 interim, the OLLS, working with the stakeholders, will start to formulate specific recodification proposals and begin writing draft legislation.

By December 31, 2017, the Committee on Legal Services must decide whether to approve legislation to recodify title 12 for introduction in the 2018 regular session.

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

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