Senate Bill 25-125

BY SENATOR(S) Weissman and Frizell, Gonzales J., Michaelson Jenet;

also REPRESENTATIVE(S) Soper and Mabrey, Camacho, Joseph, Carter, Rutinel.

Concerning implementation of the committee on legal services' recommendations in connection with legislative review of state agencies' rules.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Extension of rules scheduled for expiration May 15, 2025 - exceptions. (1)  Except as indicated, the expiration of all rules of agencies in the following principal departments, which rules were adopted or amended on or after November 1, 2023, and before November 1, 2024, and that are therefore scheduled for expiration May 15, 2025, is postponed:

(a)  Department of agriculture;

(b)  Department of corrections;

(c)  Department of early childhood;

(d)  Department of education; except that the following rules of the state board of education concerning rules for the administration of the public school finance act of 1994 (1 CCR 301-39) are not extended:

(I)  Rule 3.04, which states in part "The applicable 11-day count period is defined as ...";

(II)  Rule 5.04, which states in part "Pupils that first establish attendance after the applicable count date but within the applicable 11-day count period ... for funding at the sending district"; and

(III)  Rule 5.12(6), which states in part "If a pupil transfers from one Colorado public school district to another, after the pupil enrollment count date but within the 11-day count period ...";

(e)  Department of health care policy and financing;

(f)  Department of higher education;

(g)  Department of human services;

(h)  Department of labor and employment; except that the following rule of the division of labor standards and statistics concerning protections for public workers act (PROPWA) rules (7 CCR 1103-17) is not extended: Rule 1.3, which states in part "Incorporation by Reference. The Protections for ...";

(i)  Department of law;

(j)  Department of local affairs;

(k)  Department of military and veterans affairs;

(l)  Department of natural resources;

(m)  Department of personnel;

(n)  Department of public health and environment;

(o)  Department of public safety; except that the following rule of the division of fire prevention and control concerning rules for Colorado wildfire resilient homes grant program (8 CCR 1507-37) is not extended: Rule 2.1's definition of "homeowner", which states in part "'Homeowner' means a person who owns property ... wildfires";

(p)  Department of regulatory agencies; except that the following rule of the state board of nursing concerning nursing rules and regulations (3 CCR 716-1) is not extended: Rule 1.28 K. 1., which states in part "A Certified Midwife scope of practice is set ...";

(q)  Department of revenue;

(r)  Department of state;

(s)  Department of transportation; and

(t)  Department of the treasury.

(2)  The expiration of all rules of the public employees' retirement association, which rules were adopted or amended on or after November 1, 2023, and before November 1, 2024, and which are therefore scheduled for expiration May 15, 2025, is postponed.

(3)  The expiration of all rules of the board of equalization, which rules were adopted or amended on or after November 1, 2023, and before November 1, 2024, and which are therefore scheduled for expiration May 15, 2025, is postponed.

(4)  The recommendations of the committee on legal services as reflected in this act apply to the specified rules in the form in which the rules were considered and acted upon by the committee. Any amendments or other changes in the specified rules that became effective before November 1, 2024, that comply with the recommendations of the committee on legal services are not affected by this act. Any subsequent amendments or other changes in the specified rules that became effective on or after November 1, 2024, are not affected by this act.

SECTION 2.  Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.