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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. Since then, the OLLS staff have worked with stakeholders to draft two dozen bills, all passed by the General Assembly, to relocate 36 articles and parts from Title 12 (and four provisions from Title 24) to their more appropriate titles in the Colorado Revised Statutes, including a newly created Title 44 for those activities under the regulatory authority of the Department of Revenue. For more background, click here.

Title 12 currently contains only laws pertaining to professions or occupations regulated by the Department of Regulatory Agencies through either the Division of Real Estate or the Division of Professions and Occupations.

The next -- and final -- phase of the Title 12 Recodification Project involves identifying redundant and nearly duplicative provisions and combining them into common provisions that could, when appropriate, apply broadly to many of the professions and occupations regulated under Title 12.

As in the past, the OLLS staff will solicit input from any affected and interested representatives from the 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 2019 legislative session.

How can you participate in the project?

Upcoming Meetings

  • September 20, 1:30 p.m. in HCR 0109
    Meeting to discuss 1) Remaining common provisions and 2) Proposal to reorganize real estate division statutes, article 61 of Title 12 Agenda
Proposal Documents:
Table of Contents for Title 12 - Redraft Proposal
Reorganization of Real Estate Division and Relocation of Division of Conservation - Draft Proposal
Health Care Professions and Occupations Common Provisions
Mental and Physical Examination - Redraft Proposal
Confidential Agreement - Redraft Proposal
Professional Review Committees - Relocation Draft Proposal
NPATCH - Relocation Redraft Proposal
Michael Skolnik Medical Transparency Act of 2010 - Relocation Redraft Proposal  
Solicitation of Accident Victims - Relocation Redraft Proposal
Health Care Work Force Data Collection - Relocation Redraft Proposal
Mammography Report - Relocation Redraft Proposal
Health Care Prescriber Boards - Relocation Redraft Proposal
General Common Provisions
Transmissions from Regulators - Draft Proposal
Relocation of Provisions from Part 1 of Article 34 of Title 24 - Relocation Draft Proposal  
Disciplinary Authority - Final proposal
Disciplinary Procedures - Final Proposal
Cease-and-Desist Orders - Final Proposal
Immunity - Final Proposal
Injunctive Relief - Final Proposal
Judicial Review - Final Proposal
Rule-making Authority - Final Proposal
Unauthorized Practice - Final Proposal
  • October 3, 10:00 a.m. in HCR 0109
    Meeting to discuss proposals regarding accountants, barbers and cosmetologists, combative sports, fantasy contests, mortuaries, and outfitters and guides
  • October 10, 10:00 a.m. in HCR 0109
    Meeting to discuss proposals regarding electricians, engineers, surveyors, architects, landscape architects, passenger tramway operators, plumbers, and private investigators
  • October 17, 10:00 a.m. in HCR 0109
    Meeting to discuss proposals regarding acupuncturists, athletic trainers, audiologists, chiropractors, hearing aid providers, and massage therapists
  • October 24, 10:00 a.m. in HCR 0109
    Meeting to discuss proposals regarding dentists and dental hygienists, direct-entry midwives, medical practice, mental health professionals, naturopathic doctors, nurses, and nurse aides
  • October 31, 10:00 a.m. in HCR 0109
    Meeting to discuss proposals regarding nursing home administrators, occupational therapists, optometrists, pharmacy, physical therapists, podiatrists, psychiatric technicians, respiratory therapists, speech-language pathologists, surgical assistants and surgical technologists, and veterinarians

 

    Legislation Signed Into Law

    Relocate Various Articles from Title 12 and Title 24 to Other Titles in the Colorado Revised Statutes

     

    Bill Topic Articles Affected Session Law
    Relocate Auto Industry Division To Title 44 Article 6 of Title 12 SB 18‑030
    Relocate Title 12 Marijuana To New Title 44 Articles 43.3 & 43.4 of Title 12 HB 18‑1023
    Relocate Title 12 Liquor Laws To Title 44 Articles 46, 47, & 48 of Title 12 HB 18‑1025
    Relocate Title 12 Liquor Division Fund To Title 44 Part 4 of Article 35 of Title 24 HB 18‑1026
    Title 12 Relocation (Firearms, Dealers, & Background Checks-Gun Shows, "Colorado Parental Notification Act", & Unsworn Declarations) Articles 26, 26.1, 37.5, and Part 3 of Article 55 of Title 12 SB 18‑032
    Relocate Title 12 Gaming To New Title 44 Articles 47.1 & 47.2 of Title 12 SB 18‑034
    Relocate Title 24 Gambling Intercept To Title 44 Part 6 of Article 35 of Title 24 SB 18‑035
    Relocate Title 24 Lottery To New Title 44 Part 2 of Article 35 of Title 24 HB 18‑1027
    Relocate Title 12 Racing to New Title 44 Article 60 of Title 12 HB 18‑1024
    Relocate Title 24 Tobacco Sales Minors To Title 44 Part 5 of Article 35 of Title 24 SB 18‑036
    Relocate Title 12 Regulation Of Financial Institutions Articles 13 & 52 of Title 12 SB 17‑226
    Relocate Title 12 Fireworks Article 28 of Title 12 SB 17‑222
    Relocate Title 12 Dance Hall And Escort And Pawnbroker Articles 18, 25.5, & 56 of Title 12 SB 17‑228
    Relocate Title 12 Farm Products And Warehouses Article 16 of Title 12 SB 17‑225
    Relocate Title 12 Driving Schools Article 15 of Title 12 SB 17‑224
    Relocate Title 12 Attorneys-at-law Article 5 of Title 12 SB 17‑227
    Relocate Dead Human Bodies Title 12 Recodification Article 34 of Title 12 SB 17‑223
    Relocate Title 12 Private Occupational Schools Article 59 of Title 12 HB 17‑1239
    Relocate Title 12 Credit Debt Services Articles 14, 14.1, 14.3, & 14.5 of Title 12 HB 17‑1238
    Relocate Title 12 Wholesale Sales Representatives Article 66 of Title 12 HB 17‑1243
    Relocate Title 12 Cemeteries Article 12 of Title 12 HB 17‑1244
    Relocate Title 12 Public Establishments Parts 1 & 3 of Article 44 of Title 12 HB 17‑1245
    Relocate Title 12 Colorado Department Of Public Health And Environment Articles 29.3 & 30 of Title 12 HB 17‑1240
    Relocate Title 12 Indian Arts And Crafts Sales Article 44.5 of Title 12 HB 17‑1241

    Miscellaneous

    Bill Topic Subject Matter Session Law
    Title 12 Recodification Study One-year Extension ‑ Extend Title 12 project through September 1, 2019 SB 18‑031
    Correct Statutory Citation In Rule Without Hearing 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 HB 17‑1006

     

    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