Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0611.01 Yelana Love x2295
HOUSE BILL 22-1081
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING THE REESTABLISHMENT OF THE COMMITTEE FOR101
SUNRISE AND SUNSET REVIEW .102
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://leg.colorado.gov
.)
Current law requires a legislative committee of reference to hold
a hearing on whether to continue or terminate the existence of each
division, board, agency, or advisory committee that is subject to sunset
review. The bill reestablishes the committee for sunrise and sunset review
(committee) and requires this committee to hold the hearings instead.
The committee consists of 6 legislators, appointed as follows:
HOUSE SPONSORSHIP
Holtorf,
SENATE SPONSORSHIP
Simpson,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. ! 2 members appointed by the speaker of the house of
representatives;
! 2 members appointed by the senate president;
! One member appointed by the house of representatives
minority leader; and
! One member appointed by the senate minority leader.
The committee is also responsible for:
! Reviewing proposals to regulate a new professional or
occupational group; and
! Reviewing each bill introduced during the legislative
session that creates a new advisory committee, which
includes committees, boards, and commissions.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 2-3-1201, amend (1)2
as follows:3
2-3-1201. Committee for sunrise and sunset review - creation4
- designation of the committee to conduct review - committee5
membership. (1) (a) At the convening of the first regular session of each
6
general assembly, the speaker of the house of representatives and the7
president of the senate shall each designate one or more house8
committees of reference for even-numbered years and one or more senate9
committees of reference for odd-numbered years to perform the duties10
and functions assigned to it relating to the termination of each division,11
board, or agency pursuant to the provisions of section 24-34-104, C.R.S.,12
and THE COMMITTEE FOR SUNRISE AND SUNSET REVIEW , REFERRED TO IN13
THIS PART 12 AS "THE COMMITTEE", IS HEREBY CREATED TO PERFORM the14
duties and functions assigned to it
RELATING TO THE CONTINUATION OR15
TERMINATION OF EACH DIVISION , BOARD, OR AGENCY PURSUANT TO16
SECTION 24-34-104 AND by this part 12 relating to the sunset review of17
advisory committees. The committees of reference designated by the
18
speaker of the house of representatives to conduct reviews under this19
HB22-1081-2- section in even-numbered years and the committees of reference1
designated by the president of the senate to conduct such reviews in2
odd-numbered years shall be the committees of reference for any bills3
introduced under sections 2-3-1203 and 24-34-104, C.R.S., during any4
regular or extraordinary session of the general assembly. The speaker of5
the house of representatives may authorize one or more house committees6
of reference and the president of the senate may authorize one or more7
senate committees of reference to conduct hearings prior to the convening8
of any regular session of the general assembly IN FULFILLING ITS DUTIES9
UNDER THIS PART 12, THE COMMITTEE MAY REQUEST RESEARCH AND10
STUDIES ON THE COST OF A NEW REGULATION TO CONSUMERS .11
(b) T
HE COMMITTEE CONSISTS OF:12
(I) T
HREE MEMBERS OF THE SENATE , TWO OF WHOM ARE13
APPOINTED BY THE PRESIDENT OF THE SENATE AND ONE OF WHOM IS14
APPOINTED BY THE MINORITY LEADER OF THE SENATE ; AND15
(II) T
HREE MEMBERS OF THE HOUSE OF REPRESENTATIVES , TWO OF16
WHOM ARE APPOINTED BY THE SPEAKER AND ONE OF WHOM IS APPOINTED17
BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES .18
(c) T
HE APPOINTING AUTHORITIES SHALL MAKE THE INITIAL19
APPOINTMENTS NO LATER THAN OCTOBER 15, 2022.20
SECTION 2. In Colorado Revised Statutes, amend 2-3-1202 as21
follows:22
2-3-1202. Staff assistance. In carrying out duties under section23
24-34-104 C.R.S.
, and this part 12, any THE committee designated FOR24
SUNRISE AND SUNSET REVIEW CREATED pursuant to section 2-3-1201 may25
request staff assistance from the legislative council, created by part 3 of26
this article ARTICLE 3.27
HB22-1081
-3- SECTION 3. In Colorado Revised Statutes, 2-3-1203, amend1
(2)(a), (2)(c), and (2)(d); and add (2.5) as follows:2
2-3-1203. Sunset review of advisory committees - legislative3
declaration - definition - repeal. (2) (a) A legislative committee of4
reference designated THE COMMITTEE FOR SUNRISE AND SUNSET REVIEW5
CREATED pursuant to section 2-3-1201 shall consider whether to continue6
or to continue with modification an advisory committee whose statutory7
authority is scheduled to repeal and may recommend the consideration of8
a bill as it deems necessary to continue the advisory committee.9
(c) A legislative committee of reference designated in section10
2-3-1201 THE COMMITTEE shall conduct hearings for each advisory11
committee that submits the information required by paragraph (b) of this12
subsection (2) SUBSECTION (2)(b) OF THIS SECTION.13
(d) A bill recommended for consideration under this subsection14
(2) must be introduced in the house of representatives in even-numbered15
years and in the senate in odd-numbered years. IF THE COMMITTEE16
RECOMMENDS A BILL FOR CONSIDERATION PURSUANT TO THIS SUBSECTION17
(2),
THE CHAIR OF THE COMMITTEE SHALL ASSIGN THE PROPOSED BILL FOR18
SPONSORSHIP AS FOLLOWS:19
(A) T
O ONE OR MORE OF THE MEMBERS OF THE COMMITTEE ; OR20
(B) T
O ONE OR MORE MEMBERS OF THE GENERAL ASSEMBLY WHO21
ARE NOT MEMBERS OF THE COMMITTEE IF A MAJORITY OF THE22
COMMITTEE'S MEMBERS VOTE TO APPROVE THE SPONSORSHIP .23
(2.5) I
F THE SPEAKER, FOR BILLS INTRODUCED IN THE HOUSE, OR24
THE PRESIDENT, FOR BILLS INTRODUCED IN THE SENATE, DETERMINES THAT25
A BILL INTRODUCED DURING ANY LEGISLATIVE SESSION CREATES A NEW26
ADVISORY COMMITTEE , THE SPEAKER OR PRESIDENT SHALL REFER THE BILL27
HB22-1081
-4- TO THE COMMITTEE FOR A REVIEW OF WHETHER THE ADVISORY1
COMMITTEE SHOULD BE CREATED .2
SECTION 4. In Colorado Revised Statutes, 24-34-104, amend3
(6)(a), (6)(c), (6)(d)(I), (6)(d)(III), (6)(e), (6)(f), and (7)(a) as follows:4
24-34-104. General assembly review of regulatory agencies5
and functions for repeal, continuation, or reestablishment - legislative6
declaration - repeal. (6) (a) Before the repeal, continuation, or7
reestablishment of an agency or function, a legislative committee of8
reference designated THE COMMITTEE FOR SUNRISE AND SUNSET REVIEW9
CREATED in section 2-3-1201, C.R.S., REFERRED TO IN THIS SECTION AS10
"
THE COMMITTEE", shall hold public hearings to receive testimony from11
the public, the executive director of the department of regulatory12
agencies, and the agencies involved. In the hearing, each agency has the13
burden of demonstrating that there is a public need for the continued14
existence of the agency or function and that its regulation is the least15
restrictive regulation consistent with the public interest.16
(c) A legislative committee of reference that conducts
IN17
CONDUCTING a review pursuant to paragraph (a) of this subsection (6)18
SUBSECTION (6)(a) OF THIS SECTION, THE COMMITTEE shall determine19
whether an agency or function should be repealed, continued, or20
reestablished and whether its functions should be revised and, if21
advisable, may recommend the consideration of a proposed bill to carry22
out its recommendations.23
(d) (I) If a legislative committee of reference THE COMMITTEE24
recommends a bill for consideration pursuant to paragraph (c) of this25
subsection (6), the bill must be introduced in the house of representatives26
in even-numbered years and in the senate in odd-numbered years27
HB22-1081
-5- SUBSECTION (6)(c) OF THIS SECTION, the chair of each legislative1
committee of reference that recommends a bill for consideration THE2
COMMITTEE shall assign the proposed bill for sponsorship as follows:3
(A) To one or more of the members of the committee; of4
reference; or5
(B) To one or more of the members of the general assembly who6
are not members of the committee of reference if a majority of the7
committee's members vote to approve the sponsorship.8
(III) The speaker of the house of representatives shall assign the9
proposed bill to a representative for sponsorship in the house of10
representatives in odd-numbered years. The president of the senate shall11
assign the proposed bill to a senator for sponsorship in the senate in12
even-numbered years.13
(e) A bill recommended for consideration by a committee of14
reference THE COMMITTEE pursuant to paragraph (c) of this subsection (6)15
SUBSECTION (6)(c) OF THIS SECTION does not count against the number of16
bills to which members of the general assembly are limited by law or joint17
rule of the senate and house of representatives.18
(f) Before the repeal, continuation, reestablishment, or revision of19
an agency's functions, a committee of reference in each house of the20
general assembly designated by section 2-3-1201, C.R.S., THE21
COMMITTEE shall hold a public hearing to consider the report from the22
department of regulatory agencies and any bill recommended for23
consideration pursuant to paragraph (c) of this subsection (6) SUBSECTION24
(6)(c)
OF THIS SECTION. The hearing must include the factors and25
testimony set forth in paragraph (b) of this subsection (6)
SUBSECTION26
(6)(b)
OF THIS SECTION.27
HB22-1081
-6- (7) (a) Pursuant to the process established in this section, a1
committee of reference THE COMMITTEE may not continue, reestablish, or2
amend the functions of more than one division, board, or agency in any3
one bill for an act, and the title of the bill must include the name of the4
division, board, or agency. This paragraph (a) SUBSECTION (7)(a) does not5
apply to requirements for periodic reports to the general assembly.6
SECTION 5. In Colorado Revised Statutes, 24-34-104.1, amend7
(2)(a) introductory portion, (2)(b), (3)(a), (3)(b)(I) introductory portion,8
(3)(b)(II), (3)(c), and (6)(b); and add (4)(a.5) and (5.5) as follows: 9
24-34-104.1. General assembly sunrise review of new10
regulation of occupations and professions - repeal. (2) (a) For11
proposals submitted on or after July 1, 2012 THE EFFECTIVE DATE OF THIS12
SECTION, AS AMENDED, any professional or occupational group or13
organization, any individual, or any other interested party that proposes14
the regulation of any unregulated professional or occupational group shall15
submit the following information to the department of regulatory agencies16
COMMITTEE FOR SUNRISE AND SUNSET REVIEW CREATED IN SECTION17
2-3-1201,
REFERRED TO IN THIS SECTION AS "THE COMMITTEE", no later18
than December 1 of any year for analysis and evaluation during the
19
following year TWELVE DAYS AFTER THE C ONVENING OF THE REGULAR20
SESSION OF THE GENERAL ASSEMBLY :21
(b) The department COMMITTEE shall review a proposal to regulate22
a professional or occupational group only when the party requesting the23
review files a statement of support for the proposed regulation that has24
been signed by at least ten members of the professional or occupational25
group for which regulation is being sought or at least ten individuals who26
are not members of the professional or occupational group.27
HB22-1081
-7- (3) (a) Except as provided in paragraph (b) or (c) of this1
subsection (3) SUBSECTION (3)(b) OR (3)(c) OF THIS SECTION, NO LATER2
THAN TWENTY DAYS AFTER THE CONVENING OF THE REGULAR SESSION OF3
THE GENERAL ASSEMBLY, THE COMMITTEE SHALL REQUEST the department4
of regulatory agencies shall TO conduct an analysis and evaluation of any5
proposed regulation. submitted on or after July 1, 2012. The DEPARTMENT6
OF REGULATORY AGENCIES SHALL BASE THE analysis and evaluation must7
be based upon the criteria listed in paragraph (b) of subsection (4)8
SUBSECTION (4)(b) of this section. The department of regulatory agencies9
shall
COMPLETE THE ANALYSIS AND EVALUATION PRIOR TO JULY 110
FOLLOWING THE DATE THE PROPOSAL IS SUBMITTED TO THE COMMITTEE .11
T
HE DEPARTMENT OF REGULATORY AGENCIES SHALL submit a report, AND12
SUPPORTING MATERIALS REQUESTED BY THE COMMITTEE to the proponents
13
of the regulation and to the general assembly no later than October 15 of14
the year following the year in which the proposed regulation was15
submitted COMMITTEE NO LATER THAN JULY 1 FOLLOWING THE DATE THE16
PROPOSAL IS SUBMITTED TO THE COMMITTEE .17
(b) (I) After review of REVIEWING a proposal to regulate a18
professional or occupational group that was submitted on or after July 1,19
2012, the department of regulatory agencies COMMITTEE may decline to20
REQUIRE THE DEPARTMENT OF REGULATORY AGENCIES TO conduct an21
analysis and evaluation of the proposed regulation only if it THE22
DEPARTMENT OF REGULATORY AGENCIES :23
(II) If the
COMMITTEE DECLINES TO REQUIRE THE department of24
regulatory agencies declines
to conduct an analysis and evaluation25
pursuant to this paragraph (b) SUBSECTION (3)(b), the department shall26
reissue its earlier report on the proposed regulation to the proponents of27
HB22-1081
-8- the regulation and the general assembly no later than October 15 of the1
year following the year in which the proposed regulation was submitted2
J
ULY 1 FOLLOWING THE DATE THE PROPOSAL WAS SUBMITTED TO THE3
COMMITTEE.4
(c) If the department
COMMITTEE receives a proposal to regulate5
a professional or occupational group indicating, based on documentation6
verified by the
COMMITTEE OR THE department, that the unregulated7
professional or occupational group poses an imminent threat to public8
health, safety, or welfare, the department
COMMITTEE shall promptly9
notify the proponents of the proposed regulation and the legislative10
council of the general assembly of the imminent threat and shall submit11
to the legislative council the documentation on which it bases its finding12
of imminent threat. Within thirty days after receipt of the notice and13
documentation from the department COMMITTEE, the legislative council14
shall conduct a hearing to examine the documentation and determine15
whether it concurs with the department's COMMITTEE'S finding that an16
imminent threat exists. In conducting its examination, the legislative17
council shall consider whether regulation of the professional or18
occupational group without first obtaining an analysis and evaluation19
pursuant to paragraph (a) of this subsection (3) SUBSECTION (3)(a) OF THIS20
SECTION will substantially alter the impact on public health, safety, or21
welfare. The department may forego the analysis and evaluation only if22
the legislative council notifies the
COMMITTEE AND THE department that23
the legislative council concurs with the department's
finding of imminent24
threat to public health, safety, and welfare.25
(4) (a.5) A
FTER RECEIVING THE REPORT REQUIRED BY SUBSECTION26
(3)
OF THIS SECTION AND PRIOR TO THE NEXT LEGISLATIVE SESSION , THE27
HB22-1081
-9- COMMITTEE SHALL CONDUCT A PUBLIC HEARING TO RECEIVE TESTIMONY1
FROM THE PUBLIC, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF2
REGULATORY AGENCIES, AND THE GROUP, ORGANIZATION, OR INDIVIDUAL3
WHO SUBMITTED THE PROPOSAL FOR REGULATION TO THE COMMITTEE .4
(5.5) (a) F
OR 2022 ONLY, AND FOR THE PURPOSE OF PERMITTING5
EVALUATION AND REVIEW OF PROPOSALS FOR REGULATION PRIOR TO THE6
2023
REGULAR SESSION OF THE GENERAL ASSEMBLY , THE FOLLOWING7
SCHEDULE IS IN EFFECT:8
(I) I
NTERESTED PARTIES MUST SUBMIT INFORMATION AS REQUIRED9
BY SUBSECTION (2) OF THIS SECTION ON OR AFTER JUNE 1 AND BEFORE10
J
ULY 1, 2022; EXCEPT THAT THIS SUBSECTION (5.5) DOES NOT BAR11
SUBMISSION ON OR AFTER OCTOBER 1, 2022, FOR PURPOSES OF ANALYSIS12
AND EVALUATION IN 2023;13
(II) R
EQUESTS BY THE COMMITTEE TO THE DEPARTMENT OF14
REGULATORY AGENCIES FOR ANALYSIS AND EVALUATION AS REQUIRED BY15
SUBSECTION (3) OF THIS SECTION MUST BE SUBMITTED WITHIN THREE DAYS16
OF RECEIPT OF INFORMATION RECEIVED PURSUANT TO SUBSECTION17
(5.5)(a)(I)
OF THIS SECTION;18
(III) T
HE DEPARTMENT OF REGULATORY AGENCIES SHALL SUBMIT19
REPORTS AND SUPPORTING MATERIALS REQUESTED PURSUANT TO20
SUBSECTION (3) OF THIS SECTION BY OCTOBER 1, 2022; AND21
(IV) H
EARINGS AS SET FORTH IN SUBSECTION (4) OF THIS SECTION22
MUST BE HELD ON OR AFTER AUGUST 1, 2022, AND PRIOR TO THE23
CONVENING OF THE 2023 REGULAR SESSION OF THE GENERAL ASSEMBLY .24
(b) T
HIS SUBSECTION (5.5) IS REPEALED, EFFECTIVE SEPTEMBER 1,25
2023.26
(6) (b) If, pursuant to paragraph (b) or (c) of subsection (3)
27
HB22-1081
-10- SUBSECTION (3)(b) OR (3)(c) of this section, the COMMITTEE DECLINES TO1
REQUIRE THE department of regulatory agencies declines to conduct an2
analysis and evaluation of the proposed regulation of a professional or3
occupational group and reissues a prior report on the proposed regulation4
of the same professional or occupational group or finds that the5
unregulated professional or occupational group poses an imminent threat6
to public health, safety, or welfare, as confirmed by the legislative council7
of the general assembly, the supporters of the regulation of the8
professional or occupational group may request that members of the9
general assembly present appropriate legislation to the general assembly10
during each of the next two regular sessions that begin after the date the11
department reissues its original report on the proposed regulation or the12
date on which the legislative council notifies the department that it13
concurs in a finding of imminent threat pursuant to paragraph (c) of14
subsection (3) SUBSECTION (3)(c) of this section, whichever is applicable.15
SECTION 6. Safety clause. The general assembly hereby finds,16
determines, and declares that this act is necessary for the immediate17
preservation of the public peace, health, or safety.18
HB22-1081
-11-