NOTE: The governor signed this measure on 3/27/2014.
      
      
      SENATE BILL 14-063
      
      
      BY SENATOR(S) Marble, Balmer, Baumgardner, Cadman, Crowder,
      Grantham, Harvey, Herpin, King, Lambert, Lundberg, Renfroe, Rivera,
      Scheffel, Steadman, Todd, Ulibarri, Aguilar, Brophy, Heath, Hill, Kefalas,
      Kerr, Newell, Nicholson, Carroll;
      also REPRESENTATIVE(S) Saine and Williams, Moreno, Everett,
      Nordberg, Pabon, Conti, Hullinghorst, Mitsch Bush, Priola, Rankin,
      Ryden, Salazar, Singer, Tyler, Young.
      
      
      Concerning the mandatory review of existing executive branch
           agency rules conducted by each principal department.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add 24-4-103.3 as
      follows:
      
           24-4-103.3.  Mandatory review of rules by agencies - report on
      results of review in departmental regulatory agendas. (1)  The
      department of regulatory agencies shall establish a schedule, in
      consultation with each principal department, for the review of all
      of the rules for each principal department. Each principal
      department shall conduct a review of all of its rules to assess the
      continuing need for and the appropriateness and
      cost-effectiveness of its rules to determine if they should be
      continued in their current form, modified, or repealed. The
      applicable rule-making agency or official in the principal
      department shall consider the following:
      
           (a)  Whether the rule is necessary;
      
           (b)  Whether the rule overlaps or duplicates other rules of
      the agency or with other federal, state, or local government
      rules;
      
           (c)  Whether the rule is written in plain language and is easy
      to understand;
      
           (d)  Whether the rule has achieved the desired intent and
      whether more or less regulation is necessary;
      
           (e)  Whether the rule can be amended to give more
      flexibility, reduce regulatory burdens, or reduce unnecessary
      paperwork or steps while maintaining its benefits;
      
           (f)  Whether the rule is implemented in an efficient and
      effective manner, including the requirements for the issuance of
      permits and licenses;
      
           (g)  Whether a cost-benefit analysis was performed by the
      applicable rule-making agency or official in the principal
      department pursuant to section 24-4-103 (2.5); and
      
           (h)  Whether the rule is adequate for the protection of the
      safety, health, and welfare of the state or its residents.
      
           (2)  Each rule-making agency or official shall provide public
      notice on the agency's official web site of its review of the rules,
      give the public an appropriate opportunity to provide input, and
      notify other state agencies that may have jurisdiction over the
      subject matter of the rules to allow for collaboration and input.
      Based on this review, the rule-making agency or official shall
      determine whether the existing rules should be continued in their
      current form, amended, or repealed. If the rule-making agency or
      official decides that a rule should be amended or repealed, the
      rule-making agency or official shall comply with the notice and
      hearing requirements of section 24-4-103.
      
           (3)  The department of regulatory agencies shall not
      schedule mandatory review under this section during the year of
      and during the year following any scheduled sunset review
      conducted by the department of regulatory agencies pursuant to
      section 24-34-104.
      
           (4)  Each principal department shall include a report on the
      results of its mandatory review of rules as part of its
      departmental regulatory agenda that it submits to the staff of
      the legislative council for distribution to the applicable
      committee of reference of the general assembly as outlined in
      section 2-7-203, C.R.S.
      
           SECTION 2.  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.
      
      
      
      
      ____________________________  ____________________________
      Morgan Carroll                        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