HOUSE 3rd Reading Unamended February 28, 2012 HOUSE Amended 2nd Reading February 27, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0338.01 Bart Miller x2173 HOUSE BILL 12-1007 HOUSE SPONSORSHIP Szabo, SENATE SPONSORSHIP Grantham, House Committees Senate Committees Economic and Business Development Appropriations A BILL FOR AN ACT Concerning the requirement that a regulatory analysis be issued prior to the promulgation of rules by a state administrative agency. 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.) Under current law, if any person so requests, a state administrative agency must issue a regulatory analysis of any proposed rule at least 15 days prior to a rule-making hearing. The bill requires agencies to conduct the analysis for every proposed rule, regardless of whether an analysis has been requested. The bill also requires each regulatory analysis to include information on the effect of the proposed rule on jobs in Colorado. If the agency specifies that the proposed rule only makes grammatical, format, or organizational changes and makes no substantive changes, an analysis is not required. The bill also states that the general assembly determines that amendments to the law made by this bill can be implemented within existing appropriations and, therefore, no separate appropriation of state moneys or allocation of full time equivalent state employees is necessary to carry out the purposes of the bill. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 24-4-103, amend (4.5) (a) introductory portion, (4.5) (a) (V), (4.5) (a) (VI), (4.5) (d), (4.5) (e), and (6) (a); repeal (4.5) (c); and add (4.5) (a) (VII), (4.5) (a) (VIII), (4.5) (g), and (4.5) (h) as follows: 24-4-103. Rule-making - procedure - repeal. (4.5) (a) Upon request of any person, At least fifteen thirty days prior to the hearing, the agency shall issue and make available to the public a regulatory analysis of a proposed rule. The regulatory analysis shall must contain: (V) A determination of whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule; and (VI) A description of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons why they were rejected in favor of the proposed rule; (VII) The effect, negative or positive, if any, of the proposed rule on jobs in Colorado, including whether the proposed rule would result in the creation or elimination of jobs, the diversion of resources for purposes of compliance by those affected by the proposed rule, the hiring of additional employees solely for the purpose of compliance by those affected by the proposed rule, and whether the cost of a product or service may likely increase as a result of compliance with the proposed rule; and (VIII) The name, phone number, e-mail address, and postal mailing address of a point of contact in the agency to and from whom a member of the public may direct questions or comments and receive communication concerning the regulatory analysis. (c) The regulatory analysis shall be available to the public at least five days prior to the rule-making hearing. (d) If the agency has made a good faith effort to comply with the requirements of paragraphs (a) to (c) and (b) of this subsection (4.5), the rule shall not be invalidated on the ground that the contents of the regulatory analysis are insufficient or inaccurate. (e) Nothing in paragraphs (a) to (c) and (b) of this subsection (4.5) shall limit an agency's discretionary authority to adopt or amend rules. (g) (I) This subsection (4.5) does not require a regulatory analysis if the agency specifies in writing that the proposed rule only makes grammatical, format, or organizational changes to agency rules and makes no substantive rule changes that will impose additional compliance costs on individuals or business enterprises. (II) This subsection (4.5) does not require the division of parks and wildlife to issue a regulatory analysis for rules regulating hunting and fishing licenses. (h) The general assembly has determined that the amendments made to this subsection (4.5) in House Bill 12-1007, enacted in 2012, can be implemented within existing appropriations, and therefore no separate appropriation of state moneys or allocation of additional full-time equivalent state employees is necessary to carry out the purposes of this subsection (4.5), as amended by House Bill 12-1007, enacted in 2012. (6) (a) An agency may adopt a temporary or emergency rule may be adopted without compliance with the procedures prescribed in subsection (4) of this section and with less than the twenty days' notice prescribed in subsection (3) of this section, or where circumstances imperatively require, without notice, only if the agency finds that immediate adoption of the rule is imperatively necessary to comply with a state or federal law or federal regulation or for the preservation of public health, safety, or welfare and compliance with the requirements of this section would be contrary to the public interest and makes such a this finding on the record. Such findings and a statement of the reasons for the action shall be published with the rule The agency shall publish these findings and a statement of the reasons for the action with the rule. An agency may adopt a temporary or emergency rule may be adopted without compliance with subsection subsections (2.5) and (4.5) of this section, but shall not become the agency shall not make a temporary or emergency rule permanent without compliance with such subsection subsections (2.5) and (4.5) of this section. A temporary or emergency rule shall become becomes effective on adoption or on such later a date as is stated in the rule, shall must be published promptly, and shall have effect is effective for not more than one hundred twenty days after its adoption or for such a shorter period as may be specifically provided by the statute governing such the agency, unless made permanent by compliance with subsections (3) and (4) of this section. SECTION 2. Effective date - applicability. This act takes effect thirty days after passage and applies to rules promulgated by state administrative agencies on or after said date. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.