Second Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 12-0509.01 Debbie Haskins x2045 SENATE BILL 12-073
                   SENATE SPONSORSHIP
 Cadman,
 
                    HOUSE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning adding consideration of legislative intent to the
            standards for rules of executive branch agencies.
       
       
                           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.)
       
            An executive branch agency is prohibited from adopting a rule
       pursuant to the "State Administrative Procedure Act" unless the agency
       finds that the rule is consistent with the clear legislative intent of the
       general assembly as supported by the public record of committee hearings 
       and floor debates, including any public statements made by the principal
       sponsors or proponents of the bill or an amendment to the bill before its
       adoption.
            The bill adds another ground for the committee on legal services
       and its staff, the office of legislative legal services, to use when it reviews
       rules adopted by executive branch agencies: A rule shall not extend in
       scope or impact beyond the clear legislative intent of the general
       assembly as supported by the public record of committee hearings and
       floor debates, including any public statements made by the principal
       sponsors or proponents of the bill or an amendment to the bill before its
       adoption.
            The bill applies to the rules of executive branch agencies adopted
       on or after the effective date of this act.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 24-4-103, amend (4)
       (b) (IV), (4) (b) (V), and (8) (a); and add (4) (b) (VI) as follows:
            24-4-103.  Rule-making - procedure - repeal. (4) (b)  All
       proposed rules shall be reviewed by the agency. No rule shall be adopted
       unless:
            (IV)  The regulation rule does not conflict with other provisions
       of law; and
            (V)  The duplication or overlapping of regulations is explained by
       the agency proposing the rule; and
            (VI)  The agency finds that the rule is consistent with the
       clear legislative intent of the Colorado general assembly as
       supported by the public record of committee hearings and floor
       debates, including public statements made by the principal
       sponsors or proponents of the bill or an amendment to the bill
       before its adoption.
            (8) (a)  No rule shall be issued except within the power delegated
       to the agency and as authorized by law. A rule shall not be deemed to be
       within the statutory authority and jurisdiction of any agency merely
       because such rule is not contrary to the specific provisions of a statute.
       Any rule or amendment to an existing rule issued by any agency,
       including state institutions of higher education administered pursuant to
       title 23, C.R.S., which conflicts with a statute shall be void. A rule
       shall not extend in scope or impact beyond the clear legislative
       intent of the Colorado general assembly as supported by the
       public record of committee hearings and floor debates,
       including public statements made by the principal sponsors or
       proponents of the bill or an amendment to the bill before its
       adoption.
            SECTION 2.  Act subject to petition - effective date -
       applicability. (1)  This act takes 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 7, 2012, if adjournment sine die is on May 9,
       2012); 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
       will not take effect unless approved by the people at the general election
       to be held in November 2012 and, in such case, will take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  The provisions of this act apply to rules of executive branch
       agencies adopted on or after the effective date of this act.