SENATE 3rd Reading Unamended March 18, 2015 SENATE Amended 2nd Reading March 17, 2015First Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 15-0560.01 Ed DeCecco x4216 SENATE BILL 15-078 SENATE SPONSORSHIP Neville T., Cooke, Roberts, Balmer, Grantham, Holbert, Jahn, Marble, Woods HOUSE SPONSORSHIP Neville P., Saine, Humphrey, Everett Senate Committees House Committees State, Veterans, & Military Affairs Appropriations A BILL FOR AN ACT Concerning a requirement that legislative council staff assemble notices of reported business fiscal impacts, and, in connection therewith, making an appropriation. 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 directs the staff of the legislative council (staff) to designate a 5-day period following the introduction of new legislation or the notice of proposed rule-making during which any person may submit comments regarding the potential business fiscal impacts of the new legislation or rule. Upon the expiration of that period, staff is required to compile the comments into a notice of reported business fiscal impact and to post each notice on its official web site. Staff is also required to provide the appropriate department with the notice regarding a proposed rule. 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 - legislative measure - rule - procedure - definitions. (1) As used in this section: (a) "Legislative measure" means a bill or concurrent resolution. (b) "Staff" means the staff of the legislative council. (2) (a) (I) Upon the introduction of a legislative measure in its house of origin on or after January 1, 2016, except as otherwise provided in subparagraph (II) of this paragraph (a), staff shall identify a five-day period during which any person may electronically submit comments to staff 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 in its house of origin on or after the one hundred fifteenth day of a legislative session, staff shall make a reasonable attempt to accept comments regarding the potential business fiscal impact of the legislative measure. (b) All of the comments received by staff comprise the notice of reported business fiscal impact for the legislative measure. Upon the expiration of the five-day period required by subparagraph (I) of paragraph (a) of this subsection (2), or as soon as possible after all the comments are received in accordance with subparagraph (II) of paragraph (a) of this subsection (2), staff shall compile the notice and post it on staff's official web site. If no comments are received, there is no notice of reported business fiscal impact for that legislative measure. (3) (a) The executive director of a principal department proposing a new or amended rule on or after January 1, 2016, or the executive director's designee, shall immediately provide staff with the related notice of proposed rule-making. Upon receipt of the notice, staff shall designate a five-day period during which any person may electronically submit comments regarding the potential business fiscal impact of the proposed rule. The five-day period commences no sooner than the second day after the receipt of the notice of rule-making and no later than the fourth day after the receipt of the notice of rule-making. Within each comment, the commenter shall specify whether he or she has separately submitted information regarding the proposed rule to the department in accordance with section 24-4-103 (4) (a), C.R.S. (b) All of the comments received by staff comprise the notice of reported business fiscal impact for the proposed rule. Upon the expiration of the five-day period described in paragraph (a) of this subsection (3), staff shall compile the notice and post it on staff's official web site. If no comments are received, there is no notice of reported business fiscal impact for that proposed rule. (c) If a notice of reported business fiscal impact is prepared under this subsection (3), staff shall provide the executive director of the principal department that proposed the rule with an electronic link to the notice on staff's web site. If the executive director receives the electronic link prior to the public hearing at which the proposed rule will be considered, the department shall treat a comment included in a notice of reported business fiscal impact as a submission by an interested party in accordance with section 24-4-103 (4) (a), C.R.S. (4) A notice of reported business fiscal impact consists only of the business fiscal impacts claimed by commenters and, if submitted with the comments, the methodology employed to calculate the claims. Staff shall not include an independent analysis or state conclusions as to any comments received in the notice. (5) The director of research of the legislative council shall establish minimum standards for comments submitted to staff in accordance with this section. The minimum standards for comments may include formatting requirements and a prohibition of threats, slurs, abusive or obscene language, personal attacks, the promotion of commercial services or products, or spam. If a comment does not comply with the minimum standards, staff may redact material from the comment or exclude the comment altogether from the related notice of reported business fiscal impact. (6) Staff shall remove a notice of reported business fiscal impact after the notice has been posted on staff's official web site for one year. SECTION 2. Appropriation. For the 2015-16 state fiscal year, $45,304 is appropriated to the legislative department for use by the legislative council staff. This appropriation is from the general fund and is based on an assumption that the legislative council staff will require an additional 0.7 FTE. The legislative council staff may use this appropriation to implement this act. SECTION 3. 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 5, 2015, if adjournment sine die is on May 6, 2015); 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 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.