Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0584.01 Kate Meyer x4348 SENATE BILL 12-080 SENATE SPONSORSHIP Mitchell, HOUSE SPONSORSHIP (None), Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning notices of reported business fiscal impacts. 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 which Colorado businesses may submit comments regarding the business fiscal impact of the new legislation or rule. Upon the expiration of the period, the staff of the legislative council is required to prepare a notice of reported business fiscal impact (notice) setting forth the range of fiscal impacts contained in the comments. For legislation, the notice will accompany the fiscal note. For rules, the notice 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. In Colorado Revised Statutes, add 2-2-322.5 as follows: 2-2-322.5. Notice of reported business fiscal impact - procedure - definition. (1) The staff of the legislative council shall prepare a notice of reported business fiscal impact 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) (I) Upon the introduction of a legislative measure, except as otherwise provided in subparagraph (II) of this paragraph (a), 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 commences 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. (II) For a legislative measure introduced on or after the one hundred fifteenth day of a legislative session, the staff of the legislative council shall make a reasonable attempt to accept comments from Colorado businesses regarding the potential business fiscal impact of the legislative measure. (b) (I) Upon the expiration of the five-day period required by subparagraph (I) of paragraph (a) of this subsection (2), or to the extent it is feasible for comments received pursuant to subparagraph (II) of 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 notice of reported business fiscal impact. (II) If no comments are received, the notice of reported business fiscal impact shall state that no comments were received. (III) The notice of reported business fiscal impact 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 the 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 of the new rule. 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 notice of reported business fiscal impact. If no comments are received, the notice of reported business fiscal impact shall state that no comments were received. The notice of reported business fiscal impact shall be forwarded to the executive director of the principal department that proposed the new rule and shall be posted on the official web site of the staff of the legislative council. (4) A notice of reported business fiscal impact prepared under this section shall briefly state the range of business fiscal impacts claimed by commenters and, if submitted with the comments, shall include the methodology employed to calculate the claims. The staff of the legislative council shall not conduct independent analyses or state conclusions as to any comments received. (5) As used in this section, "legislative measure" means a bill or concurrent resolution. SECTION 2. Act subject to petition - effective date. 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.