Bill Summary for Bill Number HB15-1044

Date: 03/02/2015

Final
BILL SUMMARY for HB15-1044

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Adopt amendment L.002 (Attachment C), as amended. Adopt amendment L.004 (Attachment D). The motion p Postpone House Bill 15-1044 indefinitely. The moti Refer House Bill 15-1044, as amended, to the Commi	Pass Without Objection Pass Without Objection PASS FAIL

02:39 PM -- HB15-1044

The committee took a brief recess.

02:44 PM

The committee reconvened. Representative Klingenschmitt, prime sponsor, presented House Bill 15-1044. Under current law, the Department of Regulatory Agencies (DORA) must establish a schedule for the review of the existing administrative rules of each principal department. This review must consider eight different statutory criteria and, at the discretion of the principal department, may result in the continuation, amendment, or repeal of rules based on the review.

The bill replaces DORA's schedule for review with a detailed timeline, to be set by each principal department in an initial report to the Committee on Legal Services (COLS) and the applicable legislative committees of reference. Departmental schedules for the review of existing administrative rules are confined to a four-year period of review between 2015 and 2019. A department must revise its rules to reflect the results of its review.

The initial report of each principal department is a written product due by October 1, 2015, and must include:

• a list of all rules to be reviewed, organized by their citation in the Code of Colorado Regulations (CCR), and stating the topic of each citation and the year in which it will be reviewed;

• the current statutory authority for each citation;

• identification of any future expiration or sunset date affecting departmental rules; and

• the costs, as expressed in full-time equivalent employees (FTE), for the department to enforce each CCR citation.

Each principal department must submit a written progress report to the COLS and committees of reference by October 1 of each year between 2016 and 2018. The progress report includes the status of rules review, a list of any rules modified as a result of review, and any change in the department's review schedule.

By October 1, 2019, principal departments must conclude their review of existing administrative rules and submit a final written report to the COLS and committees of reference. The final report lists all departmental rules by CCR citation and whether rules were revised, unrevised, or eliminated.

02:48 PM

Representative Klingenschmitt distributed and discussed amendments L.002, L.004, and L.005, and a packet of information about regulations (Attachments C through F).

15HouseState0302AttachC.pdf

15Housestate0302AttachD.pdf

15HouseState0302AttachE.pdf

15HouseState0302AttachF.pdf

02:56 PM

Representative Klingenschmitt responded to questions about rules and regulations that he characterized as onerous.

03:00 PM -- Russ Josephson, representing himself, testified in support of the bill. Mr. Josephson expressed his opinion that the bill addresses a threat to his liberty as a citizen. He discussed the separation of powers at length.

03:05 PM -- Andy Karsian, representing the Colorado Department of Transportation, testified in opposition to the bill as drafted. Mr. Karsian indicated that the bill, as drafted, would drive a very high cost and would be difficult to manage within the given time frame. He described the rule review process and stated that the bill is duplicative. He responded to questions from the committee.

03:15 PM

Committee questioning of Mr. Karsian continued.

03:18 PM -- Michael Nicoletti, representing DORA, testified about the bill. Mr. Nicoletti spoke about rule review under current law.

03:21 PM

Representative Klingenschmitt explained amendments L.004 and L.005, which amend L.002. Amendment L.002 is a strike-below amendment.

03:24 PM

The committee recessed.

03:26 PM

The committee reconvened.


BILL:	HB15-1044
TIME:	03:31:01 PM
MOVED:	Humphrey
MOTION:	Adopt amendment L.002 (Attachment C), as amended. The motion passed without objection.
SECONDED:	Neville P.
		VOTE
	Foote
	Humphrey
	Lontine
	Neville P.
	Primavera
	Tate
	Thurlow
	Tyler
	Willett
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB15-1044
TIME:	03:30:16 PM
MOVED:	Humphrey
MOTION:	Adopt amendment L.004 (Attachment D). The motion passed without objection.
SECONDED:	Neville P.
		VOTE
	Foote
	Humphrey
	Lontine
	Neville P.
	Primavera
	Tate
	Thurlow
	Tyler
	Willett
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:32 PM

Representative Klingenschmitt wrapped up his presentation of the bill and asked for a favorable recommendation.


BILL:	HB15-1044
TIME:	03:39:59 PM
MOVED:	Humphrey
MOTION:	Refer House Bill 15-1044, as amended, to the Committee on Appropriations. The motion failed on a vote of 4-7.
SECONDED:	Neville P.
		VOTE
	Foote	No
	Humphrey	Yes
	Lontine	No
	Neville P.	Yes
	Primavera	No
	Tate	Yes
	Thurlow	Yes
	Tyler	No
	Willett	No
	Salazar	No
	Ryden	No

YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1044
TIME:	03:41:22 PM
MOVED:	Salazar
MOTION:	Postpone House Bill 15-1044 indefinitely. The motion passed on a vote of 6-5.
SECONDED:	Foote
		VOTE
	Foote	Yes
	Humphrey	No
	Lontine	Yes
	Neville P.	No
	Primavera	Yes
	Tate	No
	Thurlow	No
	Tyler	Yes
	Willett	No
	Salazar	Yes
	Ryden	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS