First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0426.01 Kate Meyer x4348 SENATE BILL 13-020 SENATE SPONSORSHIP Harvey, HOUSE SPONSORSHIP (None), Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning a requirement that legislative council staff prepare notices of reported business fiscal impacts. 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 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, the staff of the legislative council is required to prepare a notice of reported business fiscal impact (notice) setting forth the range of fiscal impacts contained in the comments and to: For legislation, attach the notice to the fiscal note; or For proposed rule-making, forward the notice to the executive director of the principal department seeking to promulgate the rule and post the notice on the official web site of the staff of the legislative council. 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 - procedure - definition. (1) (a) The staff of the legislative council shall prepare a notice of reported business fiscal impact for each legislative measure introduced by a member of the general assembly and for each proposed rule-making by a principal department of the executive branch of state government. (b) As used in this section, "legislative measure" means a bill or concurrent resolution. (2) (a) (I) Upon the introduction of a legislative measure in its house of origin, except as otherwise provided in subparagraph (II) of this paragraph (a), the staff of the legislative council shall identify a five-day period during which any person may submit comments 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, the staff of the legislative council shall make a reasonable attempt to accept comments regarding the potential business fiscal impact of the legislative measure. (b) (I) Upon the expiration of the five-day period required by subparagraph (I) of paragraph (a) of this subsection (2), or to the extent feasible for comments received pursuant to subparagraph (II) of paragraph (a) of this subsection (2), the staff of the legislative council shall summarize and compile any comments received during the five-day period regarding the potential impact of the legislative measure on businesses and shall prepare a notice of reported business fiscal impact. (II) If no comments are received, the staff of the legislative council shall state that fact in the notice of reported business fiscal impact. (III) The staff of the legislative council shall attach the notice of reported business fiscal impact to the fiscal note required by section 2-2-322. (3) (a) For proposed rule-making by a principal department of the executive branch of state government, the executive director of the principal department proposing the new or amended rule, or the executive director's designee, shall provide the staff of the legislative council with any notice of proposed rule-making. Upon receipt of the notice, the staff of the legislative council shall designate a five-day period during which any person may submit comments regarding the potential business fiscal impact of the proposed rule-making. The five-day period commences no sooner than the second day after the receipt of notification and no later than the fourth day after the receipt of notification. (b) (I) Upon the expiration of the five-day period described in paragraph (a) of this subsection (3), the staff of the legislative council shall summarize and compile any comments received pursuant to this subsection (3) and shall prepare a notice of reported business fiscal impact. (II) If no comments are received, the notice of reported business fiscal impact shall state that no comments were received. (c) The staff of the legislative council shall forward the notice of reported business fiscal impact to the executive director of the principal department that proposed the rule-making and shall post the notice on the official web site of the staff of the legislative council. (4) (a) A notice of reported business fiscal impact prepared pursuant to this section shall briefly state the range of business fiscal impacts claimed by commenters and, if submitted with the comments, shall include the methodology employed to calculate the claims. The staff of the legislative council shall not conduct independent analyses or state conclusions as to any comments received. (b) In order to reduce any costs it may incur by administering this section, the staff of the legislative council, in fulfilling its duties under this section, shall adopt and apply, to the greatest extent practicable, existing procedures and resources, including those procedures and resources developed and utilized to comply with section 22-32-143, C.R.S. SECTION 2. 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 7, 2013, if adjournment sine die is on May 8, 2013); 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 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.