Colorado's 2018 Sunrise and Sunset Reviews released
COPRRR analysts conduct comprehensive reviews of state programs and then produce reports that include legislative and administrative recommendations to the Colorado General Assembly. A sunset review examines existing regulatory programs to enhance consumer protection and streamline regulation based on a legislatively-prescribed schedule, and a sunrise review explores whether there is a need to regulate a currently unregulated profession or occupation.
This year, COPRRR conducted 34 sunset and sunrise reviews throughout Colorado state government including programs and boards within DORA and other state departments, such as Agriculture, Health Care Policy and Financing, Human Services, Office of the Attorney General, Public Health and Environment, Public Safety, Revenue and Natural Resources.
“This ongoing and regular review of state regulatory programs, functions and processes is what keeps Colorado so competitive and helps to strengthen our economic climate,” said DORA Executive Director Marguerite Salazar. “COPRRR’s website makes it simple for any Coloradan to participate and have a voice in this process.”
“Sunrise and sunset reviews constantly seek to find the balance between protecting consumers and eliminating unnecessary regulatory burdens," said COPRRR Director Brian Tobias at DORA. "Public input is vital to both types of reviews. While we endeavor to contact as many interested parties as possible, we encourage the public to contact us directly to participate in any of our reviews.”
- Continuing licensure: Such professions as Anesthesiologist Assistants, Certified Public Accountants, Electricians, Physicians, Physician Assistants, Podiatrists and Psychiatric Technicians were up for sunset reviews, and the reviews recommend continuing licensure of these professions.
- Not recommended for licensure: Sunrise reviews of possible new regulatory programs included Behavior Analysts, Manufactured Housing Community Owners and Managers, and Parental Responsibility Evaluators. The reviews concluded that new or additional state regulation of these occupations or professions is not necessary to protect consumers.
- Continuing administrative programs: The sunset review of the Cold Case Task Force recommends it continue to establish best practices for training related to cold case investigations, so that law enforcement may solve more cold cases. A sunset review of the Colorado Licensing of Controlled Substances Act, which requires programs that treat substance use disorders with controlled substances to be licensed by the state, found that this program is necessary to protect the public against drug diversion. Finally, a sunset review of the Public Utilities Commission, which regulates natural gas, electrical, telecommunications, steam and water utilities, as well as motor carriers, transportation network companies, railroads and certain natural gas and propane pipelines, concluded that it should continue and made several recommendations for changes to statute.
- Recommended for sunset: Refund Anticipation Loan Facilitators assist clients in applying for short term loans in anticipation of income tax refunds. Considering the federal government has oversight of refund anticipation loans and the sunset review did not identify any consumer harm related to these types of loans, COPRRR recommends discontinuing the state regulatory program. The Standing Efficiency and Accountability Committee, an advisory committee within the Colorado Department of Transportation, has completed its statutorily mandated tasks, so it should be allowed to sunset.
- Unique recommendations: A review of the Medical Marijuana Code and the Retail Marijuana Code recommends harmonizing the two codes to create efficiencies in the regulatory programs and make compliance easier.
The Colorado General Assembly created the sunset process in 1976 as a way to improve state regulation by streamlining existing programs, enhancing consumer protection and repealing unnecessary programs and functions of government. Since that time, Colorado’s sunset process has gained national recognition and is routinely highlighted as a best practice as states seek to create more efficient and effective regulation.
The following summarizes COPRRR’s 2018 recommendations. The complete sunset and sunrise reports and a schedule of future reviews are available online at dora.colorado.gov/opr.
Advisory Committee Sunset Reviews
Department of Regulatory Agencies
p: 303-894-2338 | c: 720-724-0612