Date: 01/26/2012

Final
BILL SUMMARY for HB12-1002

HOUSE COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT

Votes: View--> Action Taken:
Moved amendment L.012 (Attachment E). The motion p
Moved amendment L.013 (Attachment F). The motion w
Moved to refer House Bill 12-1002, as amended, to 		Pass Without Objection

PASS



03:50 PM -- House Bill 12-1002

Representative Sonnenberg, prime sponsor, presented House Bill 12-1002 concerning the rules of state agencies applicable to applications for permits. The bill amends the State Administrative Procedure Act (APA) to establish a standard procedure for permit applications and permit renewals when an applicable rule is subject to change due to recent legislation or pending rulemaking. Under the bill, state agencies that process permits, not including professional licenses, are required to process the application or renewal using the rules in effect on the date of application. The bill provides an exception for state agencies that determine an unsafe situation is likely to result through the application of existing rules. This health and safety exemption is available when an agency makes a written determination that an unsafe situation is likely and provides notice to the applicant that their pending application requires additional submittal information to comply with specific new health and safety requirements.

03:54 PM

Representative Sonnenberg responded to questions from the committee regarding the time frames in the bill and what would happen if the rules changed under the new law during the time between when an application is filed and when it is approved. A discussion ensued regarding adding some penalties to the bill for a violation.

04:03 PM -- William Allison, Director, Air Pollution Control Division, Colorado Department of Public Health and Environment, discussed his concerns with the bill. He explained that the bill could expose Colorado businesses to certain liabilities and could invite federal interference in Colorado environmental programs.

04:10 PM

Representative Sonnenberg talked about an amendment he was going to offer that will address the division's concerns.

04:18 PM -- Patrick Boyle, representing the Colorado Competitive Council, testified in support of the bill. He responded to the department's testimony and committee questions.

04:25 PM -- Toni Gagliardi, representing the National Federation of Independent Businesses, testified in support of the bill.

04:28 PM -- Carly Dollar, representing the Colorado Association of Commerce and Industry, testified in support of the bill.

BILL:HB12-1002
TIME: 04:36:25 PM
MOVED:Liston
MOTION:Moved amendment L.012 (Attachment E). The motion passed without objection.
SECONDED:Swalm
VOTE
Balmer
Court
Holbert
Miklosi
Priola
Soper
Swerdfeger
Szabo
Tyler
Williams A.
Excused
Wilson
Swalm
Liston
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

120126AttachE.pdf

BILL:HB12-1002
TIME: 04:46:08 PM
MOVED:Tyler
MOTION:Moved amendment L.013 (Attachment F). The motion was withdrawn.
SECONDED:
VOTE
Balmer
Court
Holbert
Miklosi
Priola
Soper
Swerdfeger
Szabo
Tyler
Williams A.
Excused
Wilson
Swalm
Liston
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: WITHDRAWN


120126AttachF.pdf
BILL:HB12-1002
TIME: 04:48:18 PM
MOVED:Swalm
MOTION:Moved to refer House Bill 12-1002, as amended, to the Committee of the Whole. The motion passed on a vote of 11-1.
SECONDED:Balmer
VOTE
Balmer
Yes
Court
Yes
Holbert
Yes
Miklosi
Yes
Priola
Yes
Soper
Yes
Swerdfeger
Yes
Szabo
Yes
Tyler
Yes
Williams A.
Excused
Wilson
No
Swalm
Yes
Liston
Yes
YES: 11 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS




04:51 PM

The committee adjourned.