Archives Interim 2003 Sunset Review
|Banking, Division of||Eleven entities and functions of Colorado government are scheduled to terminate on July 1, 2004, and one, the licensing of river outfitters, is scheduled to terminate on October 1, 2004. Under the Colorado sunset review process, these entities and functions will be reviewed by the standing committees of the House in the coming months. This document provides:
Sunset Process Allows General Assembly to Review Regulatory Functions
Generally, a sunset law is a law that automatically terminates a state regulatory agency, board, or function of government on a certain date. A state legislature must act to continue the entity or function by passing a bill. Sunset laws cause legislatures to periodically review the need for state regulation or for advisory committees and to update the law creating the entity or function. These reviews seek to balance the need for regulation to protect the public interest with the need to ensure that state agencies, industry and the professions, and functions of government are not over-regulated.
In Colorado, the task of conducting sunset reviews is assigned to standing committees (committees of reference) of the General Assembly. Standing committees of the House of Representatives conduct the sunset reviews for the entities and functions scheduled to terminate in 2004. (House standing committees conduct sunset reviews for entities with sunset dates in even-numbered years; Senate standing committees conduct sunset reviews for entities with sunset dates in odd-numbered years.)
|Bail Bonding Agent Regulation|
|Professional Engineers and Professional Land Surveyors, Board of Registration|
|Financial Services, Division of|
|Mental Health Licensing Boards (Psychologists, Social Workers, Marriage and Family Therapists, Licensed Professional Counselors and State Grievance Board)|
|Money Orders, Licensing of Persons who Issue or Sell|
|Natural Areas Council|
|Outfitters Registration, Office of|
|River Outfitters, Licensing of|
|Division of Securities/Securities Board|
|Water and Wastewater Facility Operators Certification Board|
Executive Branch Conducts Initial Review of Entities and Functions
A department within the executive branch of state government conducts a study of the entity or government function prior to the legislative sunset hearings. The Department of Regulatory Agencies (DORA) will produce a "sunset report" by October 15, 2003, for each of the entities and functions scheduled to sunset on July 1, 2004. This sunset report describes the history of the entity, examines the laws which created the entity, and makes recommendations regarding changes to the law and continuation of the entity.
General Assembly Conducts Public Reviews of the Regulatory Functions
In conducting a sunset review, the committee reviews recommendations from the Department of Regulatory Agencies concerning continuation of the entity or function of government in question. The review is conducted at a public hearing which will occur in November or December 2003 or at the beginning of the 2004 legislative session. The committee also takes testimony from interested members of the public and any involved program administrators.
Evaluation and Review of Entities and Functions Is Based on Statutory Criteria
Each entity and function scheduled for termination has the burden of demonstrating that a public need exists for its continued existence and that its regulation is the least restrictive regulation consistent with the public interest. The determination as to whether a public need exists for the entity or function of government, and for the degree of regulation it practices, is based on the following factors, among others:
Standing Committee Has Several Options for Recommendations
A standing committee may recommend that an entity or function of government be continued or terminated. If the assigned committee believes that an entity or function should be continued, it recommends a bill to the full General Assembly to accomplish this. In addition to continuing the existence of the entity, the bill may also make adjustments to the area of the law establishing the entity. With the exception of advisory committees, entities and functions of government may be continued for any time period up to 15 years. There is no similar limitation on the continuation of advisory committees. Generally, after conducting a sunset review of an existing advisory committee and recreating the committee, the General Assembly has not placed time limits on the life of the committee.
A standing committee recommends termination of an entity or function simply by not proposing legislation for its continuation. In the event that the General Assembly allows an entity or function of state government to terminate, the entity or function continues to exist for the next succeeding year for the purpose of "winding up affairs."
Sunset Bills Follow Procedures for Other Bills During Legislative Session
Any bills recommended at sunset hearings by committees of reference will be introduced in the House during the 2004 session and proceed through the normal legislative process. The Speaker of the House will assign the bills to the same committee that conducted the sunset hearing. The House committees of reference will hold public hearings on the bills and may kill the bills or pass them on to the full House for second and third reading.
If the bill survives the House, the process is repeated in the Senate. After passing out of both the House of Representatives and the Senate, the bill is then sent to the Governor for action. The Governor may sign the bill into law, veto the bill, or permit the bill to become law without a signature.
Accessing Sunset Reports
Sunset reports are available after October 15, 2003. They can be obtained by clicking on the name of the board to the left or by contacting Legislative Council Staff.
There were no Sunrise Reports published in 2003.
(See the Department of Regulatory Agencies Web site for more information on Sunrise / Sunset criteria)