First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0734.01 Troy Bratton SENATE BILL 11-116 SENATE SPONSORSHIP Mitchell, HOUSE SPONSORSHIP Kerr A., Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning business fiscal impact statements. 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 requires the staff of the legislative council to designate a 5-day period following the introduction of new legislation or the notice of proposed rule-making. During the 5-day period, Colorado businesses may submit comments regarding the new legislation's or new rule's business fiscal impact. Upon the expiration of the 5-day period, the staff of the legislative council is required to compile and summarize the comments and prepare a business fiscal impact statement. For legislation, the statement will accompany the fiscal note. For rules, the statement will be forwarded to the executive director of the principal department seeking to promulgate the rule and posted on the staff of the legislative council's official web site. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Part 3 of article 2 of title 2, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 2-2-322.5. Business fiscal impact statement. (1) The staff of the legislative council shall prepare a business fiscal impact statement for each legislative measure introduced by a member of the general assembly and for each new rule proposed by a principal department of the executive branch of state government. (2) (a) Upon the introduction of legislative measures, the staff of the legislative council shall designate a five-day period during which Colorado businesses may submit comments regarding the potential business fiscal impact of the legislative measure. The five-day period shall commence no sooner than the second day after the introduction of the legislative measure and no later than the fourth day after the introduction of the legislative measure. (b) Upon the expiration of the five-day period required by paragraph (a) of this subsection (2), the staff of the legislative council shall summarize and compile any comments received from Colorado businesses and shall prepare a business fiscal impact statement. If no comments are received, the business fiscal impact statement shall state that no comments were received. The business fiscal impact statement shall accompany the fiscal note required by section 2-2-322. (3) (a) For new rules proposed by a principal department of the executive branch of state government, the executive director of a principal department that proposes a new rule, or the executive director's designee, shall notify the staff of the legislative council of any notice of proposed rule-making. Upon the receipt of such notification, the staff of the legislative council shall designate a five-day period during which Colorado businesses may submit comments regarding the potential business fiscal impact that the new rule will have. The five-day period shall commence no sooner than the second day after the receipt of notification and no later than the fourth day after the receipt of notification. (b) Upon the expiration of the five-day period required by paragraph (a) of this subsection (3), the staff of the legislative council shall summarize and compile any comments received from Colorado businesses and shall prepare a business fiscal impact statement. If no comments are received, the business fiscal impact statement shall state that no comments were received. The business fiscal impact statement shall be forwarded to the executive director of the principal department and shall be posted on the official web site of the staff of the legislative council. 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.