First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0364.01 Esther van Mourik SENATE BILL 11-046 SENATE SPONSORSHIP King S., HOUSE SPONSORSHIP (None), Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning the mandatory post-enactment review by legislative service agencies of the implementation of enacted bills. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill makes mandatory a currently optional statutory provision allowing for a post-enactment review of the implementation of any bill enacted during any legislative session, regular or special, that becomes law and that contains an accountability clause and a legislative declaration setting forth the desired results or benefits to be achieved by the bill. The bill changes the current post-enactment review process by removing the option to have a review at the 2-year anniversary. The bill makes exceptions for post-enactment review of bills where such a review would not be beneficial. The current post-enactment review requires a determination of the following items: Whether the bill has been implemented, in whole or in part; If the bill has been implemented in whole or in part, how the bill has been implemented, including whether the bill has been implemented in the most efficient and cost-effective manner; If the bill has been implemented in part, the reasons why the bill has not been implemented in whole; The extent to which the desired results or benefits of the bill, as specified in the legislative declaration of the bill, are being achieved; Whether there have been any unintended consequences or problems caused by the implementation of the bill; Whether the implementation of the bill has been impeded by any existing state or federal statutes, rules, procedures, or practices; Whether any administrative or statutory changes are necessary to improve the implementation of the bill; Whether the actual costs of implementing the bill have been within the estimated costs, if any, set forth in the fiscal note for the bill; Whether any increase in state funding is necessary to improve the implementation of the bill; and Any other pertinent observations made by the legislative service agencies that relate to the implementation of the bill. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 2-2-1201 (3), (4), and (7) (a), Colorado Revised Statutes, are amended to read: 2-2-1201. Accountability clauses - post-enactment review of implementation of bills by legislative service agencies - definitions. (3) The legislative service agencies shall complete any post-enactment review of the implementation of a bill required pursuant to this section no later than one hundred and eighty days after the two-year or five-year anniversary as applicable, of the enactment of the bill. The legislative service agencies shall report their written findings resulting from any post-enactment review of the implementation of a bill to the speaker of the house of representatives, the president of the senate, the minority leaders of the house of representatives and senate, and the prime sponsors of the bill if they are still serving in the general assembly at the time the report is filed. The report shall be filed no later than sixty days after a post-enactment review is completed by the legislative service agencies and shall be a public record for purposes of article 72 of title 24, C.R.S. (4) (a) Nothing in this section shall be construed to require the inclusion of an accountability clause and a legislative declaration in any bill. (b) For purposes of this section, an accountability clause and a legislative declaration may be: (I) Except as provided in paragraph (b) of this subsection (4), for purposes of this section, an accountability clause and a legislative declaration shall be included in any bill introduced in the house of representatives or the senate at the request of the prime sponsor of the bill; or during any legislative session, regular or special, commencing on and after January 1, 2012. (II) Added to any bill by amendment offered by any member of the general assembly and adopted during the legislative process in accordance with law and legislative procedures. (b) An accountability clause and a legislative declaration shall not be required in the following bills or for the following types of bills: (I) Bills to adjust the residential assessment rate for property tax purposes pursuant to section 3 of article X of the state constitution; (II) General appropriation bills; (III) Supplemental appropriation bills; (IV) The rule review bill pursuant to section 24-4-103 (8), C.R.S.; (V) Bills that only contain provisions transferring moneys from cash funds to the state general fund; (VI) Bills that change a controlled substance from one schedule to another; (VII) The annual bill enacting the Colorado Revised Statutes as official statutes of the state pursuant to section 2-5-126; (VIII) Congressional redistricting bills; (IX) Bills concerning the sentencing of criminal offenders pursuant to part 7 of this article; and (X) Any other bills for which the general assembly deems an accountability clause and legislative declaration to be inapplicable or inappropriate. Such bills shall include a legislative declaration that states the reasons why the required accountability clause and legislative declaration were deemed unnecessary. (7) For purposes of this section, unless the context otherwise requires: (a) "Accountability clause" means a noncodified provision of a bill that directs legislative staff agencies to conduct a review of the implementation of the bill either two or five years as specified in the provision, after the enactment of the bill. SECTION 2. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.