HOUSE 2nd Reading Unamended January 20, 2006Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 06-0267.01 Thomas Morris HOUSE BILL 06-1041 HOUSE SPONSORSHIP Borodkin, Butcher, Carroll M., Knoedler, Liston, Massey, and Paccione SENATE SPONSORSHIP Groff, House Committees Senate Committees Business Affairs and Labor A BILL FOR AN ACT Concerning continuation of the cost-benefit analysis of proposed rules. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Sunset Process - House Business Affairs and Labor Committee. Continues the cost-benefit analysis of proposed rules that may be requested by the executive director of the department of regulatory agencies until July 1, 2013. Requires the materials to be submitted to the executive director by the rule-making entity to include a plain language statement concerning the subject matter or purpose of the proposed rule. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. The introductory portion to 24-4-103 (2.5) (a) and 24-4-103 (2.5) (f) (I), Colorado Revised Statutes, are amended to read: 24-4-103. Rule-making - procedure - 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. The agency receiving such request shall complete a cost-benefit analysis at least five days before the hearing on the rule or amendment, shall make the analysis available to the public, and shall submit a copy to the executive director or his or her designee. 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, 2006 2013. SECTION 2. 24-34-104 (37) (f), Colorado Revised Statutes, is amended to read: 24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (37) The following agencies, functions, or both, shall terminate on July 1, 2006: (f) The requirements and procedures regarding the preparation of a cost-benefit analysis in accordance with section 24-4-103 (2.5); SECTION 3. 24-34-104 (44), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 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: (n) The requirements and procedures regarding the preparation of a cost-benefit analysis in accordance with section 24-4-103 (2.5). 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.