Sunset review of advisory committees - legislative declaration - definition - repeal.

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(1) (a) The general assembly finds and declares that advisory committees are beneficial to government since they help involve private citizens in the daily operations of government and provide the government with a system for using the expertise of its citizens. However, historically there was no legislative supervision that would allow for the systematic review of these committees to identify those committees that may have outlived their usefulness yet remained in the statutes and those committees that may have failed to perform the functions for which they were created. To assure that newly created advisory committees are supervised and subjected to review, the life of a newly created advisory committee may not exceed ten years, and the statutory authorization for the committee must include a corresponding repeal provision. The general assembly, acting by bill, may reschedule the review date for an advisory committee to a later date if the rescheduled date does not violate the ten-year maximum life provision. Newly created advisory committees are subject to the review provisions of this section.

(b) As used in this section, "advisory committee" means an advisory body, including but not limited to a commission, council, or board.

(2) (a) A legislative committee of reference designated pursuant to section 2-3-1201 shall consider whether to continue or to continue with modification an advisory committee whose statutory authority is scheduled to repeal and may recommend the consideration of a bill as it deems necessary to continue the advisory committee.

(b) (I) Each advisory committee shall submit the following information to the department of regulatory agencies:

  1. The names of the current members of the advisory committee;

  2. All revenues and all expenditures, including advisory committee expenses per diempaid to members and any travel expenses;

  3. The dates the advisory committee met and the number of members who attendedeach meeting;

  4. A list of the advisory proposals the advisory committee made and an indication as towhether each proposal was acted on, implemented, or enacted into statute; and (E) The reasons why the advisory committee should continue.

  1. The information required by subparagraph (I) of this paragraph (b) must be for thefiscal year in which the advisory committee makes the submission as well as the prior fiscal year. The advisory committee must submit the information before July 1 of the year preceding the year in which the statutory authorization for the advisory committee repeals.

  2. The department of regulatory agencies shall analyze and evaluate the performanceof each advisory committee scheduled for repeal under this section. The department of regulatory agencies shall submit a report setting forth the analysis and evaluation to the office of legislative legal services by October 15 of the year preceding the date established for repeal.

  1. A legislative committee of reference designated in section 2-3-1201 shall conducthearings for each advisory committee that submits the information required by paragraph (b) of this subsection (2).

  2. A bill recommended for consideration under this subsection (2) must be introducedin the house of representatives in even-numbered years and in the senate in odd-numbered years.

  3. A bill recommended for consideration under this subsection (2) does not count against the number of bills to which the sponsor is limited by a law or joint rule of the senate and house of representatives.

(3) to (7) Repealed.

(8) (a) The following statutory authorizations for the designated advisory committees will repeal on July 1, 2019:

(I) to (VI) Repealed.

(b) This subsection (8) is repealed, effective July 1, 2021.

(9) (a) The following statutory authorizations for the designated advisory committees will repeal on September 1, 2019:

(I) to (V) Repealed.

(b) This subsection (9) is repealed, effective September 1, 2021.

(10) (a) The following statutory authorizations for the designated advisory committees will repeal on July 1, 2020:

(I) to (III) Repealed.

(b) This subsection (10) is repealed, effective July 1, 2022.

  1. Repealed.

  2. (a) The following statutory authorizations for the designated advisory committees will repeal on September 1, 2021:

  1. The homeland security and all-hazards senior advisory committee created in section24-33.5-1614, C.R.S.;

  2. The advisory committee appointed by the executive director of the department ofpublic health and environment pursuant to section 25-3-602 (4), C.R.S., and the advisory

committee's functions, as specified in section 25-3-602 (5) and (6), C.R.S.;

  1. The forest health advisory council created in section 23-31-316, C.R.S.;

  2. The Colorado special education fiscal advisory committee created in section 22-20114.5 (2), C.R.S.;

  3. The council of higher education representatives convened pursuant to section 23-1108.5 (3), C.R.S.;

  4. The employment first advisory partnership in the department of labor and employment described in sections 8-84-303 and 8-84-304.

(b) This subsection (12) is repealed, effective September 1, 2023.

(12.5) (a) The following statutory authorizations for the designated advisory committees will repeal on July 1, 2022:

(I) The education data advisory committee created pursuant to section 22-2-304.

(b) This subsection (12.5) is repealed, effective July 1, 2023.

(13) (a) The following statutory authorizations for the designated advisory committees are scheduled for repeal on September 1, 2022:

  1. The advisory group appointed by the director of the primary care office pursuant tosection 12-30-106 (3);

  2. The strategic action planning group on aging created in section 24-32-3404, C.R.S.;

  3. The electronic recording technology board created in part 4 of article 21 of title 24,

C.R.S.;

  1. The school safety resource center advisory board created in section 24-33.5-1804;

  2. The juvenile justice reform committee created pursuant to section 24-33.5-2401;(VI) The Colorado interagency working group on school safety created in section 24-25102.

(b) This subsection (13) is repealed, effective September 1, 2024.

(14) (a) The following statutory authorizations for the designated advisory committees are scheduled for repeal on September 1, 2023:

  1. The health equity commission created in section 25-4-2206, C.R.S.;

  2. The EPIC advisory board created in section 24-33.5-514 (2), C.R.S.;

  3. The state noxious weed advisory committee created in section 35-5.5-108.7, C.R.S.;(IV) Reserved.

  1. The early childhood leadership commission created in section 26-6.2-103;

  2. The Colorado youth advisory council created in section 2-2-1302;

  3. The Colorado commission on criminal and juvenile justice created in section 1611.3-102;

  4. The defense counsel on first appearance grant program created in section 24-32-

123;

  1. Repealed.

  2. The Colorado food systems advisory council created in part 11 of article 31 of title

23;

  1. The sexual misconduct advisory committee created in section 23-5-147.

(b) This subsection (14) is repealed, effective September 1, 2025.

(15) (a) The following statutory authorizations for the designated advisory committees are scheduled for repeal on September 1, 2024:

  1. The towing task force created in section 40-10.1-403, C.R.S.;

  2. The Colorado natural areas council, an advisory council to the parks and wildlifecommission, created in section 33-33-106, C.R.S.;

  3. The suicide prevention commission created in section 25-1.5-111, C.R.S.;

  4. The senior dental advisory committee created in section 25.5-3-406, C.R.S.;

  5. The youth restraint and seclusion working group in the division of youth servicescreated in section 26-20-110;

  6. The concurrent enrollment advisory board created in section 22-35-107;

  7. The Colorado state advisory council for parent involvement in education created insection 22-7-303;

  8. The Colorado human trafficking council created in section 18-3-505;(IX) The Colorado fire commission created in section 24-33.5-1233.

(b) This subsection (15) is repealed, effective September 1, 2026.

(16) (a) The following statutory authorizations for the designated advisory committees will repeal on September 1, 2025:

  1. The medicaid provider rate review advisory committee created in section 25.5-4-

401.5, C.R.S.;

  1. The title insurance commission created in part 2 of article 11 of title 10, C.R.S.;

  2. The commodity metals theft task force created in section 18-13-111, C.R.S.;

  3. The behavioral health entity implementation and advisory committee, established insection 25-27.6-103;

  4. The just transition advisory committee created in section 8-83-503 (6).

(b) This subsection (16) is repealed, effective September 1, 2027.

(17) (a) The following statutory authorizations for the designated advisory committees will repeal on September 1, 2026:

  1. The compliance advisory panel to the air pollution control division created in section25-7-109.2, C.R.S.;

  2. The business intelligence center advisory panel created in section 24-21-116 (4)(a),

C.R.S.;

  1. The veterinary pharmaceutical advisory committee, created in section 12-280-106.

(b) This subsection (17) is repealed, effective September 1, 2028.

(18) (a) The following statutory authorizations for the designated advisory committees will repeal on July 1, 2027:

(I) The Colorado wildlife habitat stamp committee created in section 33-4-102.7, C.R.S.

(b) This subsection (18) is repealed, effective July 1, 2029.

(18.5) (a) The following statutory authorizations for the designated advisory committees will repeal on September 1, 2027:

(I) The nurse-physician advisory task force for Colorado health care created in section 12-30-105.

(b) This subsection (18.5) is repealed, effective September 1, 2029.

(19) (a) The following statutory authorizations for the designated advisory committees will repeal on September 1, 2028:

(I) The stroke advisory board created in section 25-3-115.

(b) This subsection (19) is repealed, effective September 1, 2030.

(20) (a) The following statutory authorizations for the designated advisory committees will repeal on September 1, 2029:

  1. The consumer insurance council created in section 10-1-133;

  2. The maternal mortality review committee created in article 52 of title 25;

  3. The working group for identification of and educational support for students withdyslexia created in section 22-20.5-103.

(b) This subsection (20) is repealed, effective September 1, 2031.

Source: For source information prior to 2016, go to http://bit.ly/2-3-1203. L. 2016: (3)(cc)(IV) repealed and (3)(ll)(III) added, (HB 16-1182), ch. 74, p. 196, § 2, effective April 12; entire section R&RE, (HB 16-1192), ch. 83, p. 212, § 2, effective April 14; (3)(cc)(II) repealed and (3)(hh.5)(II) added, (HB 16-1236), ch. 105, p. 305, § 4, effective April 15; (3)(hh.5)(II) added, (HB 16-1255), ch. 113, p. 321, § 3, effective April 21; (3)(cc)(III) repealed and

(3)(hh.5)(II) added, (HB 16-1177), ch. 218, p. 833, § 2, effective June 6; (3)(cc)(I) repealed and (3)(hh.5)(II) added, (HB 16-1171), ch. 244, p. 992, § 2, effective June 8; (3)(ii.5)(III) added, (SB 16-115), ch. 356, p. 1477, § 1, effective June 10; (3)(kk)(V) added, (HB 16-1328), ch. 345, p. 1408, § 10, effective June 10; (3)(hh.5)(II) added, (SB 16-077), ch. 360, p. 1505, § 3, effective July 1; (3)(mm)(II), (SB 16-062), ch. 295, p. 1203, § 4, effective July 1; (3)(ff)(VI) added, (HB 16-1172), ch. 331, p. 1341, § 2, effective August 10; (3)(mm)(II) added, (HB 16-1014), ch. 318, p. 1282, § 1, effective August 10. L. 2017: (4)(a)(VII) repealed and (12.5) added, (SB 17-144), ch. 110, p. 397, § 1, effective April 6; (4)(a)(VI) repealed, (SB 17-137), ch. 139, p. 467, § 2, effective April 18; (4)(a)(II) repealed, (SB 17-220), ch. 173, p. 632, § 4, effective April 28; (4)(a)(VIII) repealed, IP(13)(a) amended, and (13)(a)(IV) added, (SB 17-291), ch. 259, p. 1077,

§ 2, effective May 25; (4)(a)(I) repealed, (SB 17-212), ch. 275, p. 1512, § 2, effective June 1; (4)(a)(IV) repealed, (SB 17-217), ch. 273, p. 1508, § 2, effective June 1; (4)(a)(III) repealed, (SB 17-219), ch. 348, p. 1831, § 2, effective June 5; (4)(a)(V) repealed, (SB 17-221), ch. 349, p. 1832, § 2, effective June 5; (10)(a)(III) added, (HB 17-1216), ch. 336, p. 1795, § 2, effective June 5; IP(15)(a) and (15)(a)(V) amended, (HB 17-1329), ch. 381, p. 1968, § 13, effective June 6; (8)(a)(V) repealed, (SB 17-267), ch. 267, p. 1438, § 3, effective July 1; (6)(a)(IV) repealed and (14)(a)(V) added, (HB 17-1106), ch. 345, p. 1820, § 6, effective August 9. L. 2018: (14)(a)(VII) added, (HB 18-1287), ch. 318, p. 1911, § 5, effective May 30; (14)(a)(VIII) added, (HB 18-1353), ch. 348, p. 2071, § 2, effective May 30; (6)(a)(V) repealed and (14)(a)(VI) added, (HB 18-1186), ch. 175, p. 1208, § 2, effective June 30; (6)(a)(II) repealed, (HB 18-1238), ch. 111, p. 804, § 1, effective July 1; (6)(a)(III) repealed and (14)(a)(IX) added, (HB 18-1364), ch. 351, p. 2080, § 3, effective July 1; (7)(a)(I) repealed and (14)(a)(X) added, (HB 18-1236), ch. 340, p. 2030, § 1, effective August 8; (8)(a)(I) and (8)(a)(II) repealed, (SB 18-209), ch. 300, p.

1826, § 4, effective August 8; (12)(a)(VI) amended, (SB 18-145), ch. 215, p. 1372, § 5, effective August 8; (7)(a)(II) repealed and (19) added, (HB 18-1265), ch. 205, p. 1321, § 2, effective September 1; (10)(a)(II) repealed, (SB 18-161), ch. 123, p. 830, § 2, effective September 1. L. 2019: (8)(a)(VI) repealed, (SB 19-076), ch. 102, p. 369, § 2, effective April 12; (20) added, (HB 19-1122), ch. 196, p. 2144, § 2, effective May 16; (9)(a)(II) repealed, (SB19-162), ch. 212, p. 2220, § 1, effective May 17; (8)(a)(IV) repealed and (15)(a)(VII) added, (SB19-161), ch. 217, p. 2240, § 3, effective May 20; (9)(a)(V) repealed and (15)(a)(VIII) added, (SB 19-149), ch. 233, p. 2326, § 2, effective May 20; (16)(a)(V) added, (HB 19-1314), ch. 323, p. 2994, § 2, effective May 28; (14)(a)(X) amended, (HB 19-1202), ch. 403, p. 3573, § 2, effective May 31; (14)(a)(XI) added, (SB 19-007), ch. 401, p. 3557, § 2, effective May 31; (20) added, (HB 19-1134), ch. 407, p. 3595, § 2, effective May 31; (8)(a)(III) repealed and (15)(a)(VI) added, (SB 19-189), ch. 418,

p. 3670, §§ 2 and 3, effective June 3; (13)(a)(V) added, (SB 19-108), ch. 294, p. 2730, § 31, effective July 1; (6) repealed and (20) added, (HB 19-1150), ch. 113, p. 485, § 2, effective August 2; (9)(a)(I) repealed, (SB 19-148), ch. 101, p. 366, § 1, effective August 2; (9)(a)(III) repealed, (SB 19-152), ch. 104, p. 373, § 1, effective August 2; (9)(a)(IV) repealed, (SB 19-151), ch. 103, p. 371, § 1, effective August 2; (15)(a)(IX) added, (SB 19-040), ch. 429, p. 3736, § 2, effective August 2; (16)(a)(IV) added, (HB 19-1237), ch. 413, p. 3638, § 5, effective August 2; (11)(a)(I), (13)(a)(I), and (17)(a)(III) amended, (HB 19-1172), ch. 136, p. 1642, § 5, effective

October 1. L. 2020: (14)(a)(IX) repealed, (HB 20-1392), ch. 132, p. 575, § 3, effective June 26; (10)(a)(III) repealed, (HB 20-1022), ch. 156, p. 671, § 3, effective June 29; (11) repealed and (18.5) added, (HB 20-1209), ch. 189, p. 862, § 1, effective June 30; (13)(a)(VI) added, (SB 20023), ch. 247, p. 1184, § 2, effective July 7; (10)(a)(I) repealed, (HB 20-1185), ch. 92, p. 366, § 1, effective September 14.

Editor's note: (1) Pursuant to 2-3-702.5, amendments to this section by SB 16-062, SB 16-069, SB 16-077, SB 16-115, SB 16-161, HB 16-1014, HB 16-1157, HB 16-1158, HB 161159, HB 16-1160, HB 16-1168, HB 16-1170, HB 16-1171, HB 16-1172, HB 16-1173, HB 161177, HB 16-1182, HB 16-1232, HB 16-1236, HB 16-1255, HB 16-1261, HB 16-1328, HB 161345, HB 16-1360, and HB 16-1404 were renumbered and harmonized with HB 16-1192. For additional information, see the 2016 Red Book that accompanies the 2016 Session Laws of Colorado.

  1. Section 34 of chapter 267 (SB 17-267), Session Laws of Colorado 2017, providesthat the section of the act changing this section does not take effect if the centers for medicare and medicaid services determine that the amendments do not comply with federal law. For more information, see SB 17-267. (L. 2017, p. 1478.) The executive director of the department of health care policy and financing did not notify the revisor of statutes by June 1, 2017, of such determination; therefore, the changes to this section took effect July 1, 2017.

  2. Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2018. (See L. 2016, p. 212.)

  3. Amendments to subsection (20) by HB 19-1122, HB 19-1134, and HB 19-1150 wereharmonized.

  4. Subsection (4)(b) provided for the repeal of subsection (4), effective July 1, 2019.

(See L. 2016, p. 212.)

  1. Subsection (5)(b) provided for the repeal of subsection (5), effective September 1,

2019. (See L. 2016, p. 212.)

(7) Subsection (7)(b) provided for the repeal of subsection (7), effective September 1, 2020. (See L. 2016, p. 212.)

Cross references: For the legislative declaration in SB 16-077, see section 1 of chapter 360, Session Laws of Colorado 2016. For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017. For the legislative declaration in SB 18-145, see section 1 of chapter 215, Session Laws of Colorado 2018. For the legislative declaration in SB 19-076, see section 1 of chapter 102, Session Laws of Colorado 2019.


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