Colorado 2022 Regular Session

Colorado House Bill HB1081 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-third General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 22-0611.01 Yelana Love x2295
8	8	HOUSE BILL 22-1081
9	9	House Committees Senate Committees
10	10	State, Civic, Military, & Veterans Affairs
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING THE REESTABLISHMENT OF THE COMMITTEE FOR101
14	14	SUNRISE AND SUNSET REVIEW .102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	Current law requires a legislative committee of reference to hold
23	23	a hearing on whether to continue or terminate the existence of each
24	24	division, board, agency, or advisory committee that is subject to sunset
25	25	review. The bill reestablishes the committee for sunrise and sunset review
26	26	(committee) and requires this committee to hold the hearings instead.
27	27	The committee consists of 6 legislators, appointed as follows:
28	28	HOUSE SPONSORSHIP
29	29	Holtorf,
30	30	SENATE SPONSORSHIP
31	31	Simpson,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
34	34	Dashes through the words indicate deletions from existing statute. ! 2 members appointed by the speaker of the house of
35	35	representatives;
36	36	! 2 members appointed by the senate president;
37	37	! One member appointed by the house of representatives
38	38	minority leader; and
39	39	! One member appointed by the senate minority leader.
40	40	The committee is also responsible for:
41	41	! Reviewing proposals to regulate a new professional or
42	42	occupational group; and
43	43	! Reviewing each bill introduced during the legislative
44	44	session that creates a new advisory committee, which
45	45	includes committees, boards, and commissions.
46	46	Be it enacted by the General Assembly of the State of Colorado:1
47	47	SECTION 1. In Colorado Revised Statutes, 2-3-1201, amend (1)2
48	48	as follows:3
49	49	2-3-1201. Committee for sunrise and sunset review - creation4
50	50	- designation of the committee to conduct review - committee5
51	51	membership. (1) (a) At the convening of the first regular session of each
52	52	6
53	53	general assembly, the speaker of the house of representatives and the7
54	54	president of the senate shall each designate one or more house8
55	55	committees of reference for even-numbered years and one or more senate9
56	56	committees of reference for odd-numbered years to perform the duties10
57	57	and functions assigned to it relating to the termination of each division,11
58	58	board, or agency pursuant to the provisions of section 24-34-104, C.R.S.,12
59	59	and THE COMMITTEE FOR SUNRISE AND SUNSET REVIEW , REFERRED TO IN13
60	60	THIS PART 12 AS "THE COMMITTEE", IS HEREBY CREATED TO PERFORM the14
61	61	duties and functions assigned to it
62	62	RELATING TO THE CONTINUATION OR15
63	63	TERMINATION OF EACH DIVISION , BOARD, OR AGENCY PURSUANT TO16
64	64	SECTION 24-34-104 AND by this part 12 relating to the sunset review of17
65	65	advisory committees. The committees of reference designated by the
66	66	18
67	67	speaker of the house of representatives to conduct reviews under this19
68	68	HB22-1081-2- section in even-numbered years and the committees of reference1
69	69	designated by the president of the senate to conduct such reviews in2
70	70	odd-numbered years shall be the committees of reference for any bills3
71	71	introduced under sections 2-3-1203 and 24-34-104, C.R.S., during any4
72	72	regular or extraordinary session of the general assembly. The speaker of5
73	73	the house of representatives may authorize one or more house committees6
74	74	of reference and the president of the senate may authorize one or more7
75	75	senate committees of reference to conduct hearings prior to the convening8
76	76	of any regular session of the general assembly IN FULFILLING ITS DUTIES9
77	77	UNDER THIS PART 12, THE COMMITTEE MAY REQUEST RESEARCH AND10
78	78	STUDIES ON THE COST OF A NEW REGULATION TO CONSUMERS .11
79	79	(b) T
80	80	HE COMMITTEE CONSISTS OF:12
81	81	(I) T
82	82	HREE MEMBERS OF THE SENATE , TWO OF WHOM ARE13
83	83	APPOINTED BY THE PRESIDENT OF THE SENATE AND ONE OF WHOM IS14
84	84	APPOINTED BY THE MINORITY LEADER OF THE SENATE ; AND15
85	85	(II) T
86	86	HREE MEMBERS OF THE HOUSE OF REPRESENTATIVES , TWO OF16
87	87	WHOM ARE APPOINTED BY THE SPEAKER AND ONE OF WHOM IS APPOINTED17
88	88	BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES .18
89	89	(c) T
90	90	HE APPOINTING AUTHORITIES SHALL MAKE THE INITIAL19
91	91	APPOINTMENTS NO LATER THAN OCTOBER 15, 2022.20
92	92	SECTION 2. In Colorado Revised Statutes, amend 2-3-1202 as21
93	93	follows:22
94	94	2-3-1202. Staff assistance. In carrying out duties under section23
95	95	24-34-104 C.R.S.
96	96	, and this part 12, any THE committee designated FOR24
97	97	SUNRISE AND SUNSET REVIEW CREATED pursuant to section 2-3-1201 may25
98	98	request staff assistance from the legislative council, created by part 3 of26
99	99	this article ARTICLE 3.27
100	100	HB22-1081
101	101	-3- SECTION 3. In Colorado Revised Statutes, 2-3-1203, amend1
102	102	(2)(a), (2)(c), and (2)(d); and add (2.5) as follows:2
103	103	2-3-1203. Sunset review of advisory committees - legislative3
104	104	declaration - definition - repeal. (2) (a) A legislative committee of4
105	105	reference designated THE COMMITTEE FOR SUNRISE AND SUNSET REVIEW5
106	106	CREATED pursuant to section 2-3-1201 shall consider whether to continue6
107	107	or to continue with modification an advisory committee whose statutory7
108	108	authority is scheduled to repeal and may recommend the consideration of8
109	109	a bill as it deems necessary to continue the advisory committee.9
110	110	(c) A legislative committee of reference designated in section10
111	111	2-3-1201 THE COMMITTEE shall conduct hearings for each advisory11
112	112	committee that submits the information required by paragraph (b) of this12
113	113	subsection (2) SUBSECTION (2)(b) OF THIS SECTION.13
114	114	(d) A bill recommended for consideration under this subsection14
115	115	(2) must be introduced in the house of representatives in even-numbered15
116	116	years and in the senate in odd-numbered years. IF THE COMMITTEE16
117	117	RECOMMENDS A BILL FOR CONSIDERATION PURSUANT TO THIS SUBSECTION17
118	118	(2),
119	119	THE CHAIR OF THE COMMITTEE SHALL ASSIGN THE PROPOSED BILL FOR18
120	120	SPONSORSHIP AS FOLLOWS:19
121	121	(A) T
122	122	O ONE OR MORE OF THE MEMBERS OF THE COMMITTEE ; OR20
123	123	(B) T
124	124	O ONE OR MORE MEMBERS OF THE GENERAL ASSEMBLY WHO21
125	125	ARE NOT MEMBERS OF THE COMMITTEE IF A MAJORITY OF THE22
126	126	COMMITTEE'S MEMBERS VOTE TO APPROVE THE SPONSORSHIP .23
127	127	(2.5) I
128	128	F THE SPEAKER, FOR BILLS INTRODUCED IN THE HOUSE, OR24
129	129	THE PRESIDENT, FOR BILLS INTRODUCED IN THE SENATE, DETERMINES THAT25
130	130	A BILL INTRODUCED DURING ANY LEGISLATIVE SESSION CREATES A NEW26
131	131	ADVISORY COMMITTEE , THE SPEAKER OR PRESIDENT SHALL REFER THE BILL27
132	132	HB22-1081
133	133	-4- TO THE COMMITTEE FOR A REVIEW OF WHETHER THE ADVISORY1
134	134	COMMITTEE SHOULD BE CREATED .2
135	135	SECTION 4. In Colorado Revised Statutes, 24-34-104, amend3
136	136	(6)(a), (6)(c), (6)(d)(I), (6)(d)(III), (6)(e), (6)(f), and (7)(a) as follows:4
137	137	24-34-104. General assembly review of regulatory agencies5
138	138	and functions for repeal, continuation, or reestablishment - legislative6
139	139	declaration - repeal. (6) (a) Before the repeal, continuation, or7
140	140	reestablishment of an agency or function, a legislative committee of8
141	141	reference designated THE COMMITTEE FOR SUNRISE AND SUNSET REVIEW9
142	142	CREATED in section 2-3-1201, C.R.S., REFERRED TO IN THIS SECTION AS10
143	143	"
144	144	THE COMMITTEE", shall hold public hearings to receive testimony from11
145	145	the public, the executive director of the department of regulatory12
146	146	agencies, and the agencies involved. In the hearing, each agency has the13
147	147	burden of demonstrating that there is a public need for the continued14
148	148	existence of the agency or function and that its regulation is the least15
149	149	restrictive regulation consistent with the public interest.16
150	150	(c) A legislative committee of reference that conducts
151	151	IN17
152	152	CONDUCTING a review pursuant to paragraph (a) of this subsection (6)18
153	153	SUBSECTION (6)(a) OF THIS SECTION, THE COMMITTEE shall determine19
154	154	whether an agency or function should be repealed, continued, or20
155	155	reestablished and whether its functions should be revised and, if21
156	156	advisable, may recommend the consideration of a proposed bill to carry22
157	157	out its recommendations.23
158	158	(d) (I) If a legislative committee of reference THE COMMITTEE24
159	159	recommends a bill for consideration pursuant to paragraph (c) of this25
160	160	subsection (6), the bill must be introduced in the house of representatives26
161	161	in even-numbered years and in the senate in odd-numbered years27
162	162	HB22-1081
163	163	-5- SUBSECTION (6)(c) OF THIS SECTION, the chair of each legislative1
164	164	committee of reference that recommends a bill for consideration THE2
165	165	COMMITTEE shall assign the proposed bill for sponsorship as follows:3
166	166	(A) To one or more of the members of the committee; of4
167	167	reference; or5
168	168	(B) To one or more of the members of the general assembly who6
169	169	are not members of the committee of reference if a majority of the7
170	170	committee's members vote to approve the sponsorship.8
171	171	(III) The speaker of the house of representatives shall assign the9
172	172	proposed bill to a representative for sponsorship in the house of10
173	173	representatives in odd-numbered years. The president of the senate shall11
174	174	assign the proposed bill to a senator for sponsorship in the senate in12
175	175	even-numbered years.13
176	176	(e) A bill recommended for consideration by a committee of14
177	177	reference THE COMMITTEE pursuant to paragraph (c) of this subsection (6)15
178	178	SUBSECTION (6)(c) OF THIS SECTION does not count against the number of16
179	179	bills to which members of the general assembly are limited by law or joint17
180	180	rule of the senate and house of representatives.18
181	181	(f) Before the repeal, continuation, reestablishment, or revision of19
182	182	an agency's functions, a committee of reference in each house of the20
183	183	general assembly designated by section 2-3-1201, C.R.S., THE21
184	184	COMMITTEE shall hold a public hearing to consider the report from the22
185	185	department of regulatory agencies and any bill recommended for23
186	186	consideration pursuant to paragraph (c) of this subsection (6) SUBSECTION24
187	187	(6)(c)
188	188	OF THIS SECTION. The hearing must include the factors and25
189	189	testimony set forth in paragraph (b) of this subsection (6)
190	190	SUBSECTION26
191	191	(6)(b)
192	192	OF THIS SECTION.27
193	193	HB22-1081
194	194	-6- (7) (a) Pursuant to the process established in this section, a1
195	195	committee of reference THE COMMITTEE may not continue, reestablish, or2
196	196	amend the functions of more than one division, board, or agency in any3
197	197	one bill for an act, and the title of the bill must include the name of the4
198	198	division, board, or agency. This paragraph (a) SUBSECTION (7)(a) does not5
199	199	apply to requirements for periodic reports to the general assembly.6
200	200	SECTION 5. In Colorado Revised Statutes, 24-34-104.1, amend7
201	201	(2)(a) introductory portion, (2)(b), (3)(a), (3)(b)(I) introductory portion,8
202	202	(3)(b)(II), (3)(c), and (6)(b); and add (4)(a.5) and (5.5) as follows: 9
203	203	24-34-104.1. General assembly sunrise review of new10
204	204	regulation of occupations and professions - repeal. (2) (a) For11
205	205	proposals submitted on or after July 1, 2012 THE EFFECTIVE DATE OF THIS12
206	206	SECTION, AS AMENDED, any professional or occupational group or13
207	207	organization, any individual, or any other interested party that proposes14
208	208	the regulation of any unregulated professional or occupational group shall15
209	209	submit the following information to the department of regulatory agencies16
210	210	COMMITTEE FOR SUNRISE AND SUNSET REVIEW CREATED IN SECTION17
211	211	2-3-1201,
212	212	REFERRED TO IN THIS SECTION AS "THE COMMITTEE", no later18
213	213	than December 1 of any year for analysis and evaluation during the
214	214	19
215	215	following year TWELVE DAYS AFTER THE C ONVENING OF THE REGULAR20
216	216	SESSION OF THE GENERAL ASSEMBLY :21
217	217	(b) The department COMMITTEE shall review a proposal to regulate22
218	218	a professional or occupational group only when the party requesting the23
219	219	review files a statement of support for the proposed regulation that has24
220	220	been signed by at least ten members of the professional or occupational25
221	221	group for which regulation is being sought or at least ten individuals who26
222	222	are not members of the professional or occupational group.27
223	223	HB22-1081
224	224	-7- (3) (a) Except as provided in paragraph (b) or (c) of this1
225	225	subsection (3) SUBSECTION (3)(b) OR (3)(c) OF THIS SECTION, NO LATER2
226	226	THAN TWENTY DAYS AFTER THE CONVENING OF THE REGULAR SESSION OF3
227	227	THE GENERAL ASSEMBLY, THE COMMITTEE SHALL REQUEST the department4
228	228	of regulatory agencies shall TO conduct an analysis and evaluation of any5
229	229	proposed regulation. submitted on or after July 1, 2012. The DEPARTMENT6
230	230	OF REGULATORY AGENCIES SHALL BASE THE analysis and evaluation must7
231	231	be based upon the criteria listed in paragraph (b) of subsection (4)8
232	232	SUBSECTION (4)(b) of this section. The department of regulatory agencies9
233	233	shall
234	234	COMPLETE THE ANALYSIS AND EVALUATION PRIOR TO JULY 110
235	235	FOLLOWING THE DATE THE PROPOSAL IS SUBMITTED TO THE COMMITTEE .11
236	236	T
237	237	HE DEPARTMENT OF REGULATORY AGENCIES SHALL submit a report, AND12
238	238	SUPPORTING MATERIALS REQUESTED BY THE COMMITTEE to the proponents
239	239	13
240	240	of the regulation and to the general assembly no later than October 15 of14
241	241	the year following the year in which the proposed regulation was15
242	242	submitted COMMITTEE NO LATER THAN JULY 1 FOLLOWING THE DATE THE16
243	243	PROPOSAL IS SUBMITTED TO THE COMMITTEE .17
244	244	(b) (I) After review of REVIEWING a proposal to regulate a18
245	245	professional or occupational group that was submitted on or after July 1,19
246	246	2012, the department of regulatory agencies COMMITTEE may decline to20
247	247	REQUIRE THE DEPARTMENT OF REGULATORY AGENCIES TO conduct an21
248	248	analysis and evaluation of the proposed regulation only if it THE22
249	249	DEPARTMENT OF REGULATORY AGENCIES :23
250	250	(II) If the
251	251	COMMITTEE DECLINES TO REQUIRE THE department of24
252	252	regulatory agencies declines
253	253	to conduct an analysis and evaluation25
254	254	pursuant to this paragraph (b) SUBSECTION (3)(b), the department shall26
255	255	reissue its earlier report on the proposed regulation to the proponents of27
256	256	HB22-1081
257	257	-8- the regulation and the general assembly no later than October 15 of the1
258	258	year following the year in which the proposed regulation was submitted2
259	259	J
260	260	ULY 1 FOLLOWING THE DATE THE PROPOSAL WAS SUBMITTED TO THE3
261	261	COMMITTEE.4
262	262	(c) If the department
263	263	COMMITTEE receives a proposal to regulate5
264	264	a professional or occupational group indicating, based on documentation6
265	265	verified by the
266	266	COMMITTEE OR THE department, that the unregulated7
267	267	professional or occupational group poses an imminent threat to public8
268	268	health, safety, or welfare, the department
269	269	COMMITTEE shall promptly9
270	270	notify the proponents of the proposed regulation and the legislative10
271	271	council of the general assembly of the imminent threat and shall submit11
272	272	to the legislative council the documentation on which it bases its finding12
273	273	of imminent threat. Within thirty days after receipt of the notice and13
274	274	documentation from the department COMMITTEE, the legislative council14
275	275	shall conduct a hearing to examine the documentation and determine15
276	276	whether it concurs with the department's COMMITTEE'S finding that an16
277	277	imminent threat exists. In conducting its examination, the legislative17
278	278	council shall consider whether regulation of the professional or18
279	279	occupational group without first obtaining an analysis and evaluation19
280	280	pursuant to paragraph (a) of this subsection (3) SUBSECTION (3)(a) OF THIS20
281	281	SECTION will substantially alter the impact on public health, safety, or21
282	282	welfare. The department may forego the analysis and evaluation only if22
283	283	the legislative council notifies the
284	284	COMMITTEE AND THE department that23
285	285	the legislative council concurs with the department's
286	286	finding of imminent24
287	287	threat to public health, safety, and welfare.25
288	288	(4) (a.5) A
289	289	FTER RECEIVING THE REPORT REQUIRED BY SUBSECTION26
290	290	(3)
291	291	OF THIS SECTION AND PRIOR TO THE NEXT LEGISLATIVE SESSION , THE27
292	292	HB22-1081
293	293	-9- COMMITTEE SHALL CONDUCT A PUBLIC HEARING TO RECEIVE TESTIMONY1
294	294	FROM THE PUBLIC, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF2
295	295	REGULATORY AGENCIES, AND THE GROUP, ORGANIZATION, OR INDIVIDUAL3
296	296	WHO SUBMITTED THE PROPOSAL FOR REGULATION TO THE COMMITTEE .4
297	297	(5.5) (a) F
298	298	OR 2022 ONLY, AND FOR THE PURPOSE OF PERMITTING5
299	299	EVALUATION AND REVIEW OF PROPOSALS FOR REGULATION PRIOR TO THE6
300	300	2023
301	301	REGULAR SESSION OF THE GENERAL ASSEMBLY , THE FOLLOWING7
302	302	SCHEDULE IS IN EFFECT:8
303	303	(I) I
304	304	NTERESTED PARTIES MUST SUBMIT INFORMATION AS REQUIRED9
305	305	BY SUBSECTION (2) OF THIS SECTION ON OR AFTER JUNE 1 AND BEFORE10
306	306	J
307	307	ULY 1, 2022; EXCEPT THAT THIS SUBSECTION (5.5) DOES NOT BAR11
308	308	SUBMISSION ON OR AFTER OCTOBER 1, 2022, FOR PURPOSES OF ANALYSIS12
309	309	AND EVALUATION IN 2023;13
310	310	(II) R
311	311	EQUESTS BY THE COMMITTEE TO THE DEPARTMENT OF14
312	312	REGULATORY AGENCIES FOR ANALYSIS AND EVALUATION AS REQUIRED BY15
313	313	SUBSECTION (3) OF THIS SECTION MUST BE SUBMITTED WITHIN THREE DAYS16
314	314	OF RECEIPT OF INFORMATION RECEIVED PURSUANT TO SUBSECTION17
315	315	(5.5)(a)(I)
316	316	OF THIS SECTION;18
317	317	(III) T
318	318	HE DEPARTMENT OF REGULATORY AGENCIES SHALL SUBMIT19
319	319	REPORTS AND SUPPORTING MATERIALS REQUESTED PURSUANT TO20
320	320	SUBSECTION (3) OF THIS SECTION BY OCTOBER 1, 2022; AND21
321	321	(IV) H
322	322	EARINGS AS SET FORTH IN SUBSECTION (4) OF THIS SECTION22
323	323	MUST BE HELD ON OR AFTER AUGUST 1, 2022, AND PRIOR TO THE23
324	324	CONVENING OF THE 2023 REGULAR SESSION OF THE GENERAL ASSEMBLY .24
325	325	(b) T
326	326	HIS SUBSECTION (5.5) IS REPEALED, EFFECTIVE SEPTEMBER 1,25
327	327	2023.26
328	328	(6) (b) If, pursuant to paragraph (b) or (c) of subsection (3)
329	329	27
330	330	HB22-1081
331	331	-10- SUBSECTION (3)(b) OR (3)(c) of this section, the COMMITTEE DECLINES TO1
332	332	REQUIRE THE department of regulatory agencies declines to conduct an2
333	333	analysis and evaluation of the proposed regulation of a professional or3
334	334	occupational group and reissues a prior report on the proposed regulation4
335	335	of the same professional or occupational group or finds that the5
336	336	unregulated professional or occupational group poses an imminent threat6
337	337	to public health, safety, or welfare, as confirmed by the legislative council7
338	338	of the general assembly, the supporters of the regulation of the8
339	339	professional or occupational group may request that members of the9
340	340	general assembly present appropriate legislation to the general assembly10
341	341	during each of the next two regular sessions that begin after the date the11
342	342	department reissues its original report on the proposed regulation or the12
343	343	date on which the legislative council notifies the department that it13
344	344	concurs in a finding of imminent threat pursuant to paragraph (c) of14
345	345	subsection (3) SUBSECTION (3)(c) of this section, whichever is applicable.15
346	346	SECTION 6. Safety clause. The general assembly hereby finds,16
347	347	determines, and declares that this act is necessary for the immediate17
348	348	preservation of the public peace, health, or safety.18
349	349	HB22-1081
350	350	-11-