SENATE BILL 97107
BY SENATORS Matsunaka, Blickensderfer, Congrove, Norton, Perlmutter, Powers, Reeves, Schroeder, and Wattenberg;
also REPRESENTATIVES S. Johnson, Dean, Pankey,
and Schwarz.
CONCERNING TERMINATION OF THE OFFICE OF REGULATORY
REFORM, AND, IN CONNECTION THEREWITH, PLACING CERTAIN FUNCTIONS
OF SUCH OFFICE IN THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF REGULATORY AGENCIES AND THE OFFICE OF BUSINESS DEVELOPMENT.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 231203 (3) (j) (III),
Colorado Revised Statutes, 1980 Repl. Vol., as amended, is repealed
as follows:
231203. Sunset review of
advisory committees. (3) The
following dates are the dates for which the statutory authorization
for the designated advisory committees is scheduled for repeal:
(j) July 1, 1997:
(III) The
office of regulatory reform advisory committee appointed pursuant
to section 2434904 (1) (l), C.R.S.;
SECTION 2. 241122 (1.1),
Colorado Revised Statutes, 1988 Repl. Vol., is repealed as follows:
241122. Department of regulatory
agencies creation. (1.1) The
department of regulatory agencies shall include, as part of the
office of the executive director, the office of regulatory reform,
created by part 9 of article 34 of this title. Said office shall
exercise its powers and perform its duties and functions under
the department as if the same were transferred to the department
by a type 2 transfer.
SECTION 3. 2434104 (26) (a),
Colorado Revised Statutes, 1988 Repl. Vol., as amended, is repealed
as follows:
2434104. General assembly
review of regulatory agencies and functions for termination, continuation,
or reestablishment. (26) (a) The
following office in the office of the executive director of the
department of regulatory agencies shall terminate on July 1, 1997:
The office of regulatory reform, created by part 9 of this article.
SECTION 4. Part
9 of article 34 of title 24, Colorado Revised Statutes, 1988 Repl.
Vol., as amended, is REPEALED AND REENACTED, WITH AMENDMENTS,
to read:
PART 9
MANDATORY REVIEW OF PROPOSED CONTINUING
EDUCATION REQUIREMENTS FOR
REGULATED OCCUPATIONS AND PROFESSIONS
2434901. Proposed continuing
education requirements for regulated occupations and professions
review by office of executive director.
(1) BEFORE ANY BILL IS INTRODUCED IN THE GENERAL ASSEMBLY
THAT CONTAINS, OR ANY BILL IS AMENDED TO CONTAIN, A MANDATORY
CONTINUING EDUCATION REQUIREMENT FOR ANY OCCUPATION OR PROFESSION,
THE PRACTICE OF WHICH REQUIRES A STATE OF COLORADO LICENSE, CERTIFICATE,
OR REGISTRATION, THE GROUP OR ASSOCIATION PROPOSING SUCH MANDATORY
CONTINUING EDUCATION REQUIREMENT SHALL FIRST SUBMIT INFORMATION
CONCERNING THE NEED FOR SUCH A REQUIREMENT TO THE OFFICE OF THE
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REGULATORY AGENCIES. THE
EXECUTIVE DIRECTOR SHALL IMPARTIALLY REVIEW SUCH EVIDENCE, ANALYZE
AND EVALUATE THE PROPOSAL, AND REPORT IN WRITING TO THE GENERAL
ASSEMBLY WHETHER MANDATORY CONTINUING EDUCATION WOULD LIKELY PROTECT
THE PUBLIC SERVED BY THE PRACTITIONERS. PROPOSALS MAY INCLUDE,
BUT NEED NOT BE LIMITED TO: INFORMATION THAT SHOWS THAT THE KNOWLEDGE
BASE FOR THE PROFESSION OR OCCUPATION IS CHANGING; THAT MANDATORY
CONTINUING EDUCATION OF THIS PROFESSION OR OCCUPATION IS REQUIRED
IN OTHER STATES; IF APPLICABLE, THAT ANY INDEPENDENT STUDIES HAVE
SHOWN THAT MANDATORY CONTINUING EDUCATION IS EFFECTIVE IN ASSURING
THE COMPETENCY OF PRACTITIONERS. THE PROPOSAL MAY ALSO INCLUDE
ANY ASSESSMENT TOOL THAT SHOWS THE EFFECTIVENESS OF MANDATORY
CONTINUING EDUCATION AND RECOMMENDATIONS ABOUT SANCTIONS THAT
SHOULD BE INCLUDED FOR NONCOMPLIANCE WITH THE REQUIREMENT OF MANDATORY
CONTINUING EDUCATION. THE PROVISIONS OF THIS SECTION SHALL NOT
BE APPLICABLE TO:
(a) ANY PROFESSION OR OCCUPATION THAT,
AS OF JULY 1, 1991, HAS MANDATORY CONTINUING EDUCATION REQUIREMENTS
IN PLACE;
(b) ANY BILL THAT IS INTRODUCED AS A RESULT
OF A LEGISLATIVE INTERIM COMMITTEE AND THAT AS INTRODUCED IN THE
GENERAL ASSEMBLY INCLUDES A MANDATORY CONTINUING EDUCATION REQUIREMENT.
SECTION 5. Article 48.5 of title 24,
Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SECTION to read:
2448.5102. Small business
assistance center. (1) IN ADDITION
TO THE POWERS AND DUTIES SPECIFIED IN SECTION 2448.5101,
THE COLORADO OFFICE OF BUSINESS DEVELOPMENT SHALL INCLUDE THE
SMALL BUSINESS ASSISTANCE CENTER, WHICH SHALL PROVIDE COMPREHENSIVE
INFORMATION ON THE FEDERAL, STATE, AND LOCAL REQUIREMENTS NECESSARY
TO BEGIN A BUSINESS AND SHALL MAKE THIS INFORMATION AVAILABLE
TO THE PUBLIC.
(2) THE SMALL BUSINESS ASSISTANCE CENTER
SHALL HAVE THE AUTHORITY TO ACCEPT AND EXPEND MONEYS FROM SOURCES
OTHER THAN THE STATE OF COLORADO FOR THE PURPOSE OF PERFORMING
SPECIFIC PROJECTS, STUDIES, OR PROCEDURES, OR TO PROVIDE ASSISTANCE.
SUCH PROJECTS, STUDIES, PROCEDURES, OR ASSISTANCE SHALL BE REVIEWED
AND APPROVED BY THE COLORADO OFFICE OF BUSINESS DEVELOPMENT AND
SHALL BE CONSISTENT WITH THE DUTIES, AUTHORITY, AND PURPOSES OF
THE COLORADO OFFICE OF BUSINESS DEVELOPMENT AS ESTABLISHED IN
THIS ARTICLE. ANY RECEIPT AND EXPENDITURE OF FUNDS SHALL BE REPORTED
TO THE GENERAL ASSEMBLY AS PART OF THE OFFICE'S ANNUAL BUDGET
REQUEST.
(3) THE SERVICES RENDERED BY THE CENTER
SHALL BE MADE AVAILABLE WITHOUT CHARGE; EXCEPT THAT THE APPLICANT
SHALL NOT BE RELIEVED FROM ANY PART OF THE FEES OR CHARGES ESTABLISHED
FOR THE REVIEW AND APPROVAL OF SPECIFIC PERMIT APPLICATIONS, FROM
ANY OF THE APPORTIONED COSTS OF A CONSOLIDATED HEARING CONDUCTED
UNDER THIS SECTION, OR FROM THE COSTS OF ANY CONTRACTED SERVICES
AS AUTHORIZED BY THE APPLICANT UNDER THIS SECTION.
(4) ANY PERSON WHO PROVIDES INFORMATION
DEVELOPED BY THE CENTER AND CHARGES ANY FEE FOR SUCH INFORMATION
SHALL DISCLOSE IN AT LEAST TENPOINT TYPE, BEFORE ANY OBLIGATION
IS INCURRED, THAT SUCH INFORMATION IS AVAILABLE AT NO COST FROM
THE CENTER. ANY PERSON WHO KNOWINGLY FAILS TO MAKE THE DISCLOSURE
REQUIRED BY THIS SUBSECTION (4) COMMITS A CLASS 3 MISDEMEANOR
AND SHALL BE PUNISHED AS PROVIDED IN SECTION 181106,
C.R.S.
SECTION 6. 244103.5,
Colorado Revised Statutes, 1988 Repl. Vol., is repealed as follows:
244103.5. Rulemaking
affecting small business procedure.
(1) Not less than ten days
before publication of notice of proposed rulemaking pursuant
to section 244103, the agency making a rule which
will affect small businesses shall submit such proposed rule to
the office of regulatory reform created in part 9 of article 34
of this title for comment on compliance flexibility for small
businesses. In no event will lack of comment from the office of
regulatory reform affect the validity of the rule.
(2) The office of regulatory reform
shall notify affected small businesses of the proposed rule through
business or trade organizations. Such notice shall include the
substance of the proposed rule and the time, place, and manner
in which interested parties may present their views and comments
on the proposed rule.
(3) For the purposes of this section,
"small business" means a commercial concern, including
its affiliates, which is independently owned and operated and
which either employs fewer than twenty fulltime employees
or an equivalent number of parttime employees or has gross
annual sales of less than two million dollars.
SECTION 7. 24113105,
Colorado Revised Statutes, 1988 Repl. Vol., is repealed as follows:
24113105. State agency
competition complaints advisory board.
(1) (a) Any person
who believes that a state agency has violated any provision of
this article may file a written complaint with the advisory committee
to the office of regulatory reform stating the grounds for such
complaint. The committee shall receive such written complaints
and shall transmit such complaints to the state agency which is
alleged in the complaint to be in violation.
(b) The state agency named in
the complaint shall respond to the committee in writing within
fortyfive days after receipt of a complaint. The state agency
shall either admit or deny the allegations made in the complaint,
and it shall indicate whether remedial action will be taken.
(c) A majority of the committee
may determine whether to hold public hearings on complaints, and
the majority shall determine whether the state agency is in violation
of the provisions of this article.
(d) Within sixty days after the
response, the committee shall issue a report of its findings to
the complainant and the state agency.
(2) The committee shall provide
information and guidance and shall transmit an annual report of
its activities in January of each year to the governor, the general
assembly, and the state auditor.
(3) The state auditor shall provide
performance audit information to the committee. Any person providing
information or staff support pursuant to this subsection (3) shall
not sit with the committee in its review of specific complaints.
(4) The activities of the committee
shall be subject to existing state and federal law and any regulations
promulgated pursuant thereto.
SECTION 8. 257110.5 (4) (d),
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
to read:
257110.5. Required analysis
of proposed air quality rules repeal.
(4) (d) Cumulative economic analyses of all air
pollution control measures shall be performed by the
office of regulatory reform in coordination with
the division
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
after public comment and review. The cumulative economic analyses
shall be performed every five years beginning in the year 2000.
SECTION 9. 257114.7 (1) (a) (VII),
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
to read:
257114.7. Emission fees
fund repeal. (1) As
used in this section, unless the context otherwise requires:
(a) Indirect and direct costs include,
but are not limited to:
(VII) Establishing and administering a
small business stationary source technical and environmental compliance
program, pursuant to section 257109.2. and
section 2434904 (1) (o), C.R.S.
SECTION 10. 292106 (9) (d) (I) and (9) (d) (III),
Colorado Revised Statutes, 1986 Repl. Vol., as amended, are amended
to read:
292106. Collection
administration enforcement. (9) Standard
sales and use tax reporting form. (d) (I) In
addition to the standard municipal sales and use tax form set
forth in paragraph (a) of this subsection (9), on or before December
1, 1994, the executive director of the department of revenue and
the director of the office of regulatory reform in the department
of regulatory agencies shall cooperate
with and assist local governments in the development of a common
local sales and use tax form. For purposes of this paragraph (d),
"local government" means a city, home rule city, town,
city and county, or other political subdivision of the state which
collects its own sales or use tax.
(III) The executive director of the department
of revenue and the director of the
office of regulatory reform in the department of regulatory agencies
shall cooperate with and assist local governments in the development
of a uniform local government sales and use tax license application
form. Any uniform local government sales and use tax license application
form developed shall be made available at all state and local
sales and use tax reporting locations.
SECTION 11. 3930102 (3) (a),
Colorado Revised Statutes, 1994 Repl. Vol., is amended to read:
3930102. Legislative declaration.
(3) (a) It is the intent of the general assembly
that state agencies, including but not limited to the division
of commerce and development in the department of local affairs,
the department of labor and employment, the
office of regulatory reform in the department of regulatory agencies,
the department of revenue, and the state board for community colleges
and occupational education in the department of higher education,
place special emphasis on providing assistance to designated enterprise
zones.
SECTION 12. Adjustments of appropriations.
(1) (a) The appropriations made in the general
appropriation act from the general fund for the fiscal year beginning
July 1, 1997, to the department of local affairs, economic development,
economic development programs, department of regulatory agencies,
office of regulatory reform program costs, shall be reduced by
the sum of one hundred ninetynine thousand five hundred
eightyfour dollars ($199,584), for the implementation of
this act.
(b) The appropriations made in the general
appropriation act from the general fund for the fiscal year beginning
July 1, 1997, to the department of local affairs, economic development,
economic development programs, governor's office of economic development,
small business assistance, shall be increased by the sum of one
hundred thousand three hundred twentyeight dollars ($100,328),
for the implementation of this act.
(2) The appropriations made in the general
appropriation act for the fiscal year beginning July 1, 1997,
to the governor's office, economic development programs, small
business assistance, is increased by the sum of one hundred twentyfive
thousand three hundred twentyeight dollars ($125,328) and
2.0 FTE, for the implementation of this act. Of such sum, twentyfive
thousand dollars ($25,000) shall be from cash funds and one hundred
thousand three hundred twentyeight dollars ($100,328) shall
be from cash funds exempt.
(3) The appropriations made in the general
appropriation act for the fiscal year beginning July 1, 1997,
to the department of regulatory agencies, shall be reduced by
the sum of two hundred fortyfive thousand one hundred eightyfour
dollars ($245,184) and 4.0 FTE, for the implementation of this
act. Of such sum:
(a) Twenty thousand six hundred dollars ($20,600)
shall be from the general fund appropriation made to the office
of the executive director, director's office, leased space;
(b) One hundred eightyeight thousand
six hundred thirtyfour dollars ($188,634) and 4.0 FTE shall
be from the appropriation from cash funds exempt made to the office
of the executive director, office of regulatory reform, personal
services;
(c) Ten thousand nine hundred fifty dollars
($10,950) shall be from the appropriation from cash funds exempt
made to the office of the executive director, office of regulatory
reform, operating expenses;
(d) Twentyfive thousand dollars ($25,000) shall
be from the appropriation from cash funds made to the office of
the executive director, office of regulatory reform, small business
startup kit.
SECTION 13. Effective
date. This act shall take effect July 1, 1997.
SECTION 14. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO