Final
Cost-Benefit Analysis by State Agencies

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes:
Action Taken:
moved to recommend that the bill concerning the coPASS


09:13 AM -- Introduction to the Sunset Review Process

Representative Marshall introduced the process that would occur today. She indicated that due to a family emergency, she would likely not be here all day, rather Representative Cerbo would serve as chair when she leaves.


09:15 AM

Bruce Harrelson, Director, Office of Policy, Research and Regulatory Reform, Department of Regulatory Agencies, distributed a memo that provides an overview of the sunset review process (Attachment A).


09:16 AM -- Continuing the Cost-Benefit Analysis of Proposed Rules by State Agencies

 Tambor Williams, Executive Director, Department of Regulatory Agencies, came to the table and discussed the provisions governing the preparation of a cost-benefit analysis by state agencies under the State Administrative Procedure Act. A copy of the sunset review entitled "Provisions Governing the Preparation of a Cost-Benefit Analysis by State Agencies under the State Administrative Procedure Act" is available on-line at: http://www.dora.state.co.us/opr/archive/2005RuleReview.pdf, and a copy of the draft bill that the committee would be reviewing containing the recommendations in the sunset report is appended as Attachment B.


09:22 AM

Jim Henderson, Region VIII Advocate, U.S. Small Business Administration, distributed two handouts (Attachments C and D), the first was Mr. Henderson's remarks, and the second was a memo from the President of the Colorado Restaurant Association. Mr. Henderson spoke in support of continuing the cost benefit analysis process. He responded to questions from the committee.


09:25 AM

Tony Gagliardi, National Federation of Independent Business (NFIB), stated that his membership has a history of supporting cost benefit analysis. He responded to questions.


09:28 AM

Donnah Moody, Colorado Association of Commerce and Industry, spoke in support of continuing the cost-benefit analysis process and distributed a letter from Chuck Berry, President of CACI (Attachment E).


09:30 AM

Representative Marshall stated that a motion was in order at this point. She reminded the committee that there are two recommendations being proposed in the report and that if there are no objections to either of these recommendations, then they would both be included in the draft bill. Representative Coleman asked about what the notification to businesses looks like, and Bruce Harrelson came back to the table to respond. He responded to additional questions, including whether any regulations had been rejected due to the cost benefit analysis. Mr. Harrelson indicated that some regulations had been denied over time due to this process, he gave the examples of rules in the Division of Racing events and related to respiratory therapy, but indicted that detail about this was discussed in the case studies in the sunset report.

09:38 AM

Representative Coleman expressed concern about the term "plain language" on page 2 of the draft bill. The committee discussed this.

BILL:Introduction to Sunset Review Process
TIME: 09:40:47 AM
MOVED:Borodkin
MOTION:moved to recommend that the bill concerning the continuation of the cost-benefit analysis of proposed rules be drafted and introduced in the 2006 session. The motion passed on an 11-1 roll call vote. The Chair indicated that Representative Borodkin will be the prime House sponsor of the bill. Co-sponsors are: Representatives Butcher, Carroll, Knoedler, Liston, Massey and Paccione.
SECONDED:Massey
VOTE
Balmer
Yes
Borodkin
Yes
Butcher
Yes
Carroll M.
Yes
Coleman
No
Knoedler
Yes
Liston
Yes
Massey
Yes
McCluskey
Yes
Paccione
Yes
White
Absent
Cerbo
Yes
Marshall
Yes
Final YES: 11 NO: 1 EXC: 0 ABS: 1 FINAL ACTION: PASS