NOTE: The governor signed this measure on 5/24/2013.
      
      
      SENATE BILL 13-158
      
      
      BY SENATOR(S) Balmer, Kefalas, Newell, Nicholson, Tochtrop;
      also REPRESENTATIVE(S) Ryden, Hullinghorst, Labuda, Williams.
      
      
      Concerning the continuation of the preparation of cost-benefit
           analysis of proposed rules of executive branch agencies,
           and, in connection therewith, implementing the
           recommendations of the 2012 sunset report of the
           department of regulatory agencies.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 24-4-103, amend (2.5)
      (a) introductory portion and (2.5) (f) as follows:
      
           24-4-103.  Rule-making - procedure - definitions - repeal.
      (2.5) (a)  At the time of filing a notice of proposed rule-making with the
      secretary of state as the secretary may require, an agency shall submit a
      draft of the proposed rule or the proposed amendment to an existing rule
      and a statement, in plain language, concerning the subject matter or purpose
      of the proposed rule or amendment to the office of the executive director in
      the department of regulatory agencies. The executive director, or his or her
      designee, may determine if the proposed rule or amendment may have a
      negative impact on economic competitiveness or on small business in
      Colorado. If the executive director, or his or her designee, determines that
      the proposed rule or amendment may have such negative impact, he or she
      may direct the submitting agency to perform a cost-benefit analysis of the
      rule or amendment. If the executive director, or his or her designee, makes
      such a request, it shall be made at least twenty days before the date of the
      hearing on the rule or amendment shall distribute the proposed rule
      or amendment, the agency's statement concerning the subject
      matter or purpose of the proposed rule or amendment, and any
      cost-benefit analysis prepared pursuant to this section to all
      persons who have submitted a request to receive notices from the
      department of regulatory agencies about proposed rule-making.
      Any person may, within five days after publication of the notice of
      proposed rule-making in the Colorado register, request that the
      department of regulatory agencies require the agency submitting
      the proposed rule or amendment to prepare a cost-benefit
      analysis. The executive director, or his or her designee, shall
      determine, after consultation with the agency proposing the rule
      or amendment, whether to require the agency to prepare a
      cost-benefit analysis. If the executive director, or his or her
      designee, determines that a cost-benefit analysis is required, the
      agency receiving such request shall complete a cost-benefit analysis at least
      five ten days before the hearing on the rule or amendment, shall make the
      analysis available to the public by publication on the agency's web site,
      and shall submit a copy to the executive director or his or her designee. By
      filing an additional notice published in the Colorado register, the
      agency may postpone the hearing on the rule or amendment to
      comply with the requirement to complete the cost-benefit
      analysis at least ten days before the hearing. Failure to complete a
      requested cost-benefit analysis pursuant to this subsection (2.5) shall
      preclude the adoption of such rule or amendment. Such cost-benefit analysis
      shall include the following:
      
           (f) (I)  This subsection (2.5) is repealed, effective July 1, 2013
      September 1, 2018.
      
           (II)  Prior to such repeal, the provisions regarding the preparation of
      a cost-benefit analysis pursuant to this subsection (2.5) shall be reviewed as
      provided for in section 24-34-104, C.R.S.
      
           SECTION 2.  In Colorado Revised Statutes, 24-34-104, repeal (44)
      (o); and add (49.5) (f) as follows:
      
           24-34-104.  General assembly review of regulatory agencies and
      functions for termination, continuation, or reestablishment. (44)  The
      following agencies, functions, or both, shall terminate on July 1, 2013:
      
           (o)  The requirements and procedures regarding the preparation of
      a cost-benefit analysis in accordance with section 24-4-103 (2.5);
      
           (49.5)  The following agencies, functions, or both, shall terminate on
      September 1, 2018:
      
           (f)  The requirements and procedures regarding the
      preparation of a cost-benefit analysis in accordance with section
      24-4-103 (2.5);
      
           SECTION 3.  Effective date. This act takes effect July 1, 2013.
      
           SECTION 4.  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.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO