Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING LEGISLATIVE REVIEW OF EXECUTIVE BRANCH AGENCY RULES BASED UPON REASONABLENESS.

Summary of Assessment

            The bill amends the "State Administrative Procedure Act" to provide that no agency shall issue a rule that:

            •   imposes burdensome record-keeping or costs;

            •   imposes requirements unrelated to the agency's public policy goals;

            •   unreasonably interferes with an individual's or entity's decisions about how to operate its business with no reasonable relationship to public policy goals;

            •   is unnecessarily complex or inflexible; or

            •   unnecessarily limits the methods that regulated individuals or entities may choose to achieve public policy goals.

            Additionally, the bill directs the Committee on Legal Services to prescribe a process whereby a member of the public, with the concurrence of a member of the General Assembly, may request review of a state agency rule. The bill is effective upon signature of the Governor.

            The bill has the effect of adding another another element, for the Committee on Legal Service to consider, in its rule review process. The Office of Legislative Legal Services (OLLS) indicates that, as part of its ongoing workload, it performs rule review on approximately 500 - 600 submittals annually, or between 9,000 - 11,000 pages of rules. Each time a state agency adopts, repeals, or revises its rules, the rules must be forwarded to the OLLS, reviewed by staff, and later reviewed by the Committee on Legal Services.

            It is OLLS estimatesd that any increase in workload resulting from HB 99-1183 this bill can be absorbed within its resources currently dedicated to rule review. It is not anticipated the bill will increase workload in the state departments. Therefore, the bill is assessed as having no fiscal impact.

Departments Contacted

            All Departments

            Office of Legislative Legal Services