| 1 | 1 | | Second Regular Session |
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| 2 | 2 | | Seventy-third General Assembly |
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| 3 | 3 | | STATE OF COLORADO |
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| 4 | 4 | | INTRODUCED |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | LLS NO. 22-0545.01 Brita Darling x2241 |
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| 8 | 8 | | HOUSE BILL 22-1128 |
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| 9 | 9 | | House Committees Senate Committees |
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| 10 | 10 | | State, Civic, Military, & Veterans Affairs |
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| 11 | 11 | | A BILL FOR AN ACT |
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| 12 | 12 | | C |
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| 13 | 13 | | ONCERNING LEGISLATIVE REVIEW OF GOVERNMENT REGULATIONS101 |
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| 14 | 14 | | THAT SIGNIFICANTLY INCREASE THE REGULATORY BURDEN ON102 |
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| 15 | 15 | | CERTAIN REGULATED ENTITIES .103 |
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| 16 | 16 | | Bill Summary |
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| 17 | 17 | | (Note: This summary applies to this bill as introduced and does |
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| 18 | 18 | | not reflect any amendments that may be subsequently adopted. If this bill |
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| 19 | 19 | | passes third reading in the house of introduction, a bill summary that |
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| 20 | 20 | | applies to the reengrossed version of this bill will be available at |
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| 21 | 21 | | http://leg.colorado.gov |
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| 22 | 22 | | .) |
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| 23 | 23 | | Under current law, executive agency rules take effect 20 days after |
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| 24 | 24 | | the agency adopts the rule, or on a later date if specified in the rule. After |
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| 25 | 25 | | adoption, the office of legislative legal services (OLLS) at the direction |
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| 26 | 26 | | of the general assembly's committee on legal services (committee) |
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| 27 | 27 | | reviews agency rules on an annual cycle, commencing with agency rules |
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| 28 | 28 | | HOUSE SPONSORSHIP |
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| 29 | 29 | | Pico, Luck |
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| 30 | 30 | | SENATE SPONSORSHIP |
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| 31 | 31 | | (None), Lundeen |
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| 32 | 32 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 33 | 33 | | Capital letters or bold & italic numbers indicate new material to be added to existing statute. |
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| 34 | 34 | | Dashes through the words indicate deletions from existing statute. adopted on or after November 1 of one year through October 31 of the |
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| 35 | 35 | | following year, and recommends the expiration of certain rules to the |
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| 36 | 36 | | committee based a determination that the rules do not comply with |
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| 37 | 37 | | statute. The committee votes on whether to recommend the nonextension |
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| 38 | 38 | | of those rules to the general assembly, as reflected in the annual rule |
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| 39 | 39 | | review bill. Rules that are not extended by the general assembly in the |
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| 40 | 40 | | annual rule review bill expire on May 15 of the year following the year |
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| 41 | 41 | | in which they were enacted. |
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| 42 | 42 | | The bill requires the governor or the governor's designee to review |
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| 43 | 43 | | each proposed rule for compliance with the agency's statutory authority |
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| 44 | 44 | | and other criteria set forth in statute, and prohibits an agency from |
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| 45 | 45 | | adopting such proposed rule unless and until the governor or governor's |
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| 46 | 46 | | designee determines its compliance. |
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| 47 | 47 | | The bill creates a new prior review process for review of rules |
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| 48 | 48 | | adopted by an agency on and after November 1, 2022, that significantly |
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| 49 | 49 | | increase the regulatory burden on businesses, professions, occupations, |
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| 50 | 50 | | and industries, including the oil and gas, aerospace, energy efficiency and |
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| 51 | 51 | | environmental technology, transportation, and agriculture industries |
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| 52 | 52 | | (economic impact rules). As part of the rule-making process, the agency |
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| 53 | 53 | | determines whether the rule is an economic impact rule at the conclusion |
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| 54 | 54 | | of the rule-making process. The agency must send the list of economic |
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| 55 | 55 | | impact rules to the general assembly, the OLLS, and the secretary of state. |
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| 56 | 56 | | A rule that an agency determines to be an economic impact rule cannot |
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| 57 | 57 | | take effect until completion of the prior review process established in the |
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| 58 | 58 | | bill. |
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| 59 | 59 | | Each economic impact rule is assigned to a single legislative prior |
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| 60 | 60 | | review committee consisting of the members of either the house of |
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| 61 | 61 | | representatives' or senate's committee of reference that hears matters |
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| 62 | 62 | | relating to the subject of the economic impact rule or that considered the |
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| 63 | 63 | | legislation authorizing the economic impact rule. Within 21 days after the |
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| 64 | 64 | | commencement of the regular legislative session, the prior review |
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| 65 | 65 | | committee may select economic impact rules for review under the prior |
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| 66 | 66 | | review process established in the bill. Economic impact rules that are not |
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| 67 | 67 | | selected for prior review take effect on the twenty-second day after the |
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| 68 | 68 | | commencement of the legislative session. |
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| 69 | 69 | | With respect to economic impact rules selected by a prior review |
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| 70 | 70 | | committee for prior review, the prior review committee may take the |
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| 71 | 71 | | following actions: |
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| 72 | 72 | | ! By majority vote, make the rule effective immediately or on |
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| 73 | 73 | | another date; |
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| 74 | 74 | | ! By majority vote, determine that the rule exceeds the |
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| 75 | 75 | | agency's rule-making authority or fails to meet other |
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| 76 | 76 | | requirements for rule-making set forth in statute; or |
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| 77 | 77 | | ! Take no action. |
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| 78 | 78 | | If the committee takes no action on a selected economic impact rule |
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| 79 | 79 | | HB22-1128 |
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| 80 | 80 | | -2- within 64 days after the commencement of the applicable regular |
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| 81 | 81 | | legislative session, the selected rule is deemed effective on the sixty-fifth |
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| 82 | 82 | | day after the commencement of the legislative session. |
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| 83 | 83 | | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 84 | 84 | | SECTION 1. The short title of this act is "The Regulatory2 |
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| 85 | 85 | | Department Transparency and Accountability Act".3 |
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| 86 | 86 | | SECTION 2. In Colorado Revised Statutes, 24-4-102, add (5.7),4 |
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| 87 | 87 | | (12.3), (12.5), (13.7), and (17.5) as follows:5 |
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| 88 | 88 | | 24-4-102. Definitions. As used in this article 4, unless the context6 |
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| 89 | 89 | | otherwise requires:7 |
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| 90 | 90 | | (5.7) "E |
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| 91 | 91 | | CONOMIC IMPACT RULE " MEANS A RULE THAT8 |
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| 92 | 92 | | SIGNIFICANTLY INCREASES THE REGULATORY BURDEN ON BUSINESSES ,9 |
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| 93 | 93 | | PROFESSIONS, OCCUPATIONS, OR INDUSTRY, AS DETERMINED BY THE10 |
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| 94 | 94 | | ADOPTING AGENCY. AS USED IN THIS SUBSECTION (5.7), "INDUSTRY"11 |
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| 95 | 95 | | INCLUDES THE OIL AND GAS , AEROSPACE, ENERGY EFFICIENCY AND12 |
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| 96 | 96 | | ENVIRONMENTAL TECHNOLOGY , TRANSPORTATION, AND AGRICULTURE13 |
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| 97 | 97 | | INDUSTRIES.14 |
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| 98 | 98 | | (12.3) "P |
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| 99 | 99 | | RIOR REVIEW" MEANS THE REVIEW OF AN ECONOMIC15 |
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| 100 | 100 | | IMPACT RULE ESTABLISHED IN SECTION 24-4-103 (15).16 |
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| 101 | 101 | | (12.5) "P |
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| 102 | 102 | | RIOR REVIEW COMMITTEE" MEANS:17 |
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| 103 | 103 | | (a) I |
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| 104 | 104 | | F AN ECONOMIC IMPACT RULE IS PROMULGATED IN RESPONSE18 |
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| 105 | 105 | | TO A SPECIFIC DUTY TO PROMULGATE RULES , AS SET FORTH IN A BILL19 |
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| 106 | 106 | | ENACTED IN A REGULAR OR EXTRAORDINARY LEGISLATIVE SESSION20 |
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| 107 | 107 | | IMMEDIATELY PRECEDING PROMULGATION OF THE RULE , THE FIRST21 |
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| 108 | 108 | | ASSIGNED COMMITTEE OF REFERENCE OF THE GENERAL ASSEMBLY THAT22 |
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| 109 | 109 | | WAS ASSIGNED TO THE BILL IN THE BILL'S HOUSE OF ORIGIN; OR23 |
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| 110 | 110 | | (b) I |
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| 111 | 111 | | F SUBSECTION (12.5)(a) OF THIS SECTION DOES NOT APPLY,24 |
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| 112 | 112 | | HB22-1128-3- THE APPLICABLE COMMITTEE OF REFERENCE FOR EACH DEPARTMENT AS1 |
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| 113 | 113 | | ASSIGNED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE2 |
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| 114 | 114 | | PRESIDENT OF THE SENATE FOR PURPOSES OF CONDUCTING HEARINGS3 |
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| 115 | 115 | | UNDER THE "STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE,4 |
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| 116 | 116 | | AND TRANSPARENT (SMART) GOVERNMENT ACT" ESTABLISHED IN PART5 |
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| 117 | 117 | | 2 |
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| 118 | 118 | | OF ARTICLE 7 OF TITLE 2. THE SPEAKER OF THE HOUSE OF6 |
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| 119 | 119 | | REPRESENTATIVES AND THE PRESIDEN T OF THE SENATE SHALL DETERMINE7 |
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| 120 | 120 | | FOR EACH RULE WHICH HOUSE SHALL SERVE AS THE SINGLE PRIOR REVIEW8 |
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| 121 | 121 | | COMMITTEE FOR THE RULE.9 |
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| 122 | 122 | | (13.7) "R |
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| 123 | 123 | | EGULATORY BURDEN" MEANS A CHANGE IN THE METHOD,10 |
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| 124 | 124 | | REQUIREMENTS, OR COST OF DOING BUSINESS OR PRACTICING A11 |
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| 125 | 125 | | PROFESSION OR OCCUPATION THAT REQUIRES A PERSON TO USE12 |
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| 126 | 126 | | ADDITIONAL MONEY OR RESOURCES TO COMPLY WITH THE REGULATION ,13 |
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| 127 | 127 | | WHEN COMPARED WITH THE MONEY OR RESOURCES REQUIRED HAD THE14 |
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| 128 | 128 | | REGULATION NOT EXISTED.15 |
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| 129 | 129 | | (17.5) "S |
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| 130 | 130 | | ELECTED RULE" MEANS AN ECONOMIC IMPACT RULE16 |
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| 131 | 131 | | IDENTIFIED FOR PRIOR REVIEW PURSUANT TO SECTION 24-4-103 (15)(b).17 |
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| 132 | 132 | | SECTION 3. In Colorado Revised Statutes, 24-4-103, amend18 |
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| 133 | 133 | | (4)(a), (4)(c), (4.5)(a) introductory portion, (4.5)(a)(V), and (4.5)(a)(VI);19 |
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| 134 | 134 | | and add (4.5)(a)(VII), (8)(b.5), and (15) as follows:20 |
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| 135 | 135 | | 24-4-103. Rule-making - procedure - definitions - statutory21 |
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| 136 | 136 | | citation correction - prior review process. (4) (a) (I) At the place and22 |
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| 137 | 137 | | time stated in the notice |
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| 138 | 138 | | AS PROVIDED IN SUBSECTION (3)(a) OF THIS23 |
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| 139 | 139 | | SECTION, the agency shall hold a public hearing at which it shall afford24 |
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| 140 | 140 | | interested persons an opportunity to submit written data, views, or25 |
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| 141 | 141 | | arguments and to present the same orally unless the agency deems it26 |
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| 142 | 142 | | unnecessary. The agency shall consider all such submissions. T |
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| 143 | 143 | | HE27 |
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| 144 | 144 | | HB22-1128 |
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| 145 | 145 | | -4- AGENCY SHALL MAKE AVAILABLE TO ANY PERSON any proposed rule or1 |
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| 146 | 146 | | revised proposed rule by an agency which THAT is to be considered at the2 |
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| 147 | 147 | | public hearing, together with a proposed statement of basis, specific3 |
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| 148 | 148 | | statutory authority, purpose, and the regulatory analysis required in4 |
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| 149 | 149 | | subsection (4.5) of this section, shall be made available to any person at5 |
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| 150 | 150 | | least five days prior to said THE hearing.6 |
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| 151 | 151 | | (II) O |
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| 152 | 152 | | N AND AFTER NOVEMBER 1, 2022, AND EXCEPT AS PROVIDED7 |
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| 153 | 153 | | IN SUBSECTION (15)(a)(I) OF THIS SECTION, THE AGENCY SHALL MAKE A8 |
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| 154 | 154 | | DETERMINATION AT THE HEARING WHETHER THE PROPOSED RULE IS AN9 |
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| 155 | 155 | | ECONOMIC IMPACT RULE. THE NOTICE OF PROPOSED RULE-MAKING FOR A10 |
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| 156 | 156 | | HEARING HELD ON OR AFTER NOVEMBER 1, 2022, MUST INCLUDE A11 |
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| 157 | 157 | | STATEMENT THAT THE AGENCY WILL DETERMINE AT THE HEARING12 |
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| 158 | 158 | | WHETHER A PROPOSED RULE IS AN ECONOMIC IMPACT RULE AND THAT AN13 |
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| 159 | 159 | | INTERESTED PERSON MAY SUBMIT WRITTEN DATA , VIEWS, OR ARGUMENTS14 |
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| 160 | 160 | | ON THE ISSUES AND PRESENT THE SAME ORALLY UNLESS THE AGENCY15 |
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| 161 | 161 | | DEEMS IT UNNECESSARY. The rules promulgated by the agency shall |
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| 162 | 162 | | MUST16 |
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| 163 | 163 | | be based on the record, which shall MUST consist of proposed rules,17 |
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| 164 | 164 | | evidence, exhibits, and other matters presented or considered; matters18 |
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| 165 | 165 | | officially noticed; rulings on exceptions; any findings of fact and19 |
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| 166 | 166 | | conclusions of law proposed by any party; and any written comments or20 |
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| 167 | 167 | | briefs filed.21 |
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| 168 | 168 | | (c) Rules, as finally adopted, shall MUST be consistent with the22 |
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| 169 | 169 | | subject matter as set forth in the notice of proposed rule-making provided23 |
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| 170 | 170 | | in subsection (11) of this section. After consideration of the relevant24 |
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| 171 | 171 | | matter presented, the agency shall incorporate by reference on the rules25 |
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| 172 | 172 | | adopted a written concise general statement of their basis, specific26 |
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| 173 | 173 | | statutory authority, and purpose, |
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| 174 | 174 | | AND, FOR RULES ADOPTED ON AND AFTER27 |
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| 175 | 175 | | HB22-1128 |
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| 176 | 176 | | -5- NOVEMBER 1, 2022, WHETHER THE RULE IS AN ECONOMIC IMPACT RULE1 |
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| 177 | 177 | | SUBJECT TO SUBSECTION (15) OF THIS SECTION. The written statement of2 |
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| 178 | 178 | | the basis, specific authority, regulatory analysis required by subsection3 |
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| 179 | 179 | | (4.5) of this section, and purpose of a rule which THAT involves scientific4 |
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| 180 | 180 | | or technological issues shall MUST include an evaluation of the scientific5 |
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| 181 | 181 | | or technological rationale justifying the rule. Each agency shall maintain6 |
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| 182 | 182 | | a copy of its currently effective rules, and the current status of each7 |
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| 183 | 183 | | published proposal for rules, and minutes of all its action upon rules, as8 |
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| 184 | 184 | | well as THE GOVERNOR'S REVIEW OF RULES ADOPTED ON AND AFTER9 |
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| 185 | 185 | | N |
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| 186 | 186 | | OVEMBER 1, 2022, PURSUANT TO SUBSECTION (8)(b.5) OF THIS SECTION,10 |
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| 187 | 187 | | AND any attorney general's opinion rendered on any adopted or proposed11 |
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| 188 | 188 | | rule. T |
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| 189 | 189 | | HE AGENCY SHALL MAKE such materials shall be |
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| 190 | 190 | | available for12 |
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| 191 | 191 | | inspection by any person during regular office hours.13 |
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| 192 | 192 | | (4.5) (a) Upon request of any person, at least fifteen days prior to14 |
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| 193 | 193 | | the hearing, the agency shall issue a regulatory analysis of a proposed15 |
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| 194 | 194 | | rule. The regulatory analysis shall MUST contain:16 |
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| 195 | 195 | | (V) A determination of whether there are less costly methods or17 |
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| 196 | 196 | | less intrusive methods for achieving the purpose of the proposed rule; and18 |
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| 197 | 197 | | (VI) A description of any alternative methods for achieving the19 |
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| 198 | 198 | | purpose of the proposed rule that were seriously considered by the agency20 |
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| 199 | 199 | | and the reasons why they were rejected in favor of the proposed rule; |
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| 200 | 200 | | AND21 |
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| 201 | 201 | | (VII) A |
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| 202 | 202 | | DETERMINATION OF WHETHER THE RULE IS AN ECONOMIC22 |
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| 203 | 203 | | IMPACT RULE SUBJECT TO SUBSECTION (15) OF THIS SECTION, AND THE23 |
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| 204 | 204 | | ANALYSIS SUPPORTING THAT DETERMINATION .24 |
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| 205 | 205 | | (8) (b.5) O |
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| 206 | 206 | | N AND AFTER NOVEMBER 1, 2022, AN AGENCY SHALL25 |
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| 207 | 207 | | NOT ADOPT A RULE OR AMEND AN EXISTING RULE WITHOUT FIRST26 |
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| 208 | 208 | | SUBMITTING THE PROPOSED RULE TO THE GOVERNOR OR THE GOVERNOR 'S27 |
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| 209 | 209 | | HB22-1128 |
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| 210 | 210 | | -6- DESIGNEE FOR REVIEW OF THE PROPOSED RULE PURSUANT TO THE1 |
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| 211 | 211 | | CRITERIA SET FORTH IN SUBSECTIONS (4)(b) AND (8)(a) OF THIS SECTION,2 |
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| 212 | 212 | | AND THE GOVERNOR OR GOVERNOR 'S DESIGNEE DETERMINING THAT THE3 |
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| 213 | 213 | | RULE COMPLIES WITH SUBSECTIONS (4)(b) AND (8)(a) OF THIS SECTION.4 |
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| 214 | 214 | | (15) (a) (I) A |
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| 215 | 215 | | N AGENCY'S TEMPORARY OR EMERGENCY RULE5 |
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| 216 | 216 | | ADOPTED PURSUANT TO SUBSECTION (6)(a) OF THIS SECTION IS NOT6 |
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| 217 | 217 | | SUBJECT TO A DETERMINATION WHETHER THE RULE IS AN ECONOMIC7 |
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| 218 | 218 | | IMPACT RULE PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION OR TO THE8 |
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| 219 | 219 | | PRIOR REVIEW PROCESS SET FORTH IN SUBSECTION (15)(b) OF THIS9 |
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| 220 | 220 | | SECTION.10 |
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| 221 | 221 | | (II) T |
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| 222 | 222 | | HE ADOPTING AGENCY SHALL SUBMIT TO THE GENERAL11 |
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| 223 | 223 | | ASSEMBLY FOR DISTRIBUTION TO THE MEMBERS OF THE GENERAL12 |
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| 224 | 224 | | ASSEMBLY, TO THE OFFICE OF LEGISLATIVE LEGAL SERVICES, AND TO THE13 |
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| 225 | 225 | | SECRETARY OF STATE FOR PUBLICATION , A LIST OF RULES THAT THE14 |
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| 226 | 226 | | AGENCY HAS DETERMINED ARE ECONOMIC IMPACT RULES , INCLUDING A15 |
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| 227 | 227 | | SHORT SUMMARY OF THE SUBJECT OF EACH RULE .16 |
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| 228 | 228 | | (b) (I) N |
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| 229 | 229 | | OTWITHSTANDING THE PROVISIONS OF SUBSECTIONS (5)17 |
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| 230 | 230 | | AND (11)(d)(II) OF THIS SECTION, AND EXCEPT AS PROVIDED IN18 |
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| 231 | 231 | | SUBSECTION (15)(b)(II) OF THIS SECTION, AN ECONOMIC IMPACT RULE19 |
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| 232 | 232 | | ADOPTED ON OR AFTER NOVEMBER 1, 2022, SHALL NOT TAKE EFFECT, AND20 |
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| 233 | 233 | | THE SECRETARY OF STATE SHALL NOT PUBLISH THE ECONOMIC IMPACT21 |
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| 234 | 234 | | RULE IN THE COLORADO REGISTER IF, WITHIN TWENTY-ONE DAYS AFTER22 |
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| 235 | 235 | | THE COMMENCEMENT OF THE FIRST REGULAR LEGISLATIVE SESSION23 |
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| 236 | 236 | | FOLLOWING THE ADOPTION OF THE RULE , A MOTION IS ADOPTED BY A24 |
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| 237 | 237 | | MAJORITY OF THE MEMBERS OF THE PRIOR REVIEW COMMITTEE TO25 |
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| 238 | 238 | | CONDUCT PRIOR REVIEW OF THE RULE .26 |
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| 239 | 239 | | (II) A |
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| 240 | 240 | | N ECONOMIC IMPACT RULE NOT SELECTED FOR PRIOR REVIEW27 |
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| 241 | 241 | | HB22-1128 |
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| 242 | 242 | | -7- PURSUANT TO SUBSECTION (15)(b)(I) OF THIS SECTION BECOMES1 |
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| 243 | 243 | | EFFECTIVE ON THE TWENTY -SECOND DAY FOLLOWING THE2 |
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| 244 | 244 | | COMMENCEMENT OF THE APPLICABLE REGULAR LEGISLATIVE SESSION , AND3 |
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| 245 | 245 | | THE OFFICE OF LEGISLATIVE LEGAL SERVICES SHALL PROMPTLY NOTIFY4 |
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| 246 | 246 | | THE SECRETARY OF STATE THAT THE RULE HAS NOT BEEN SELECTED FOR5 |
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| 247 | 247 | | PRIOR REVIEW. UPON RECEIVING NOTICE FROM THE OFFICE OF LEGISLATIVE6 |
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| 248 | 248 | | LEGAL SERVICES, THE SECRETARY OF STATE SHALL PUBLISH THE RULE IN7 |
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| 249 | 249 | | THE COLORADO REGISTER.8 |
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| 250 | 250 | | (c) T |
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| 251 | 251 | | HE AGENCY THAT HAS ADOPTED A RULE SELECTED BY THE9 |
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| 252 | 252 | | PRIOR REVIEW COMMITTEE FOR PRIOR REVIEW MUST SUBMIT THE SELECTED10 |
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| 253 | 253 | | RULE TO THE PRIOR REVIEW COMMITTEE . THE AGENCY'S SUBMISSION OF11 |
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| 254 | 254 | | THE SELECTED RULE PURSUANT TO THIS SUBSECTION (15)(c) MUST12 |
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| 255 | 255 | | INCLUDE THE INFORMATION DESCRIBED IN SUBSECTION (4)(a) OF THIS13 |
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| 256 | 256 | | SECTION THAT MUST BE MADE AVAILABLE TO ANY PERSON PRIOR TO THE14 |
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| 257 | 257 | | RULE-MAKING HEARING. IN ADDITION, THE SUBMISSION SHALL INCLUDE A15 |
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| 258 | 258 | | LINK TO ANY PORTION OF THE RULE -MAKING RECORD OR DOCUMENTS16 |
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| 259 | 259 | | DESCRIBED IN SUBSECTIONS (4)(a) AND (4)(a.5) OF THIS SECTION THAT ARE17 |
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| 260 | 260 | | AVAILABLE IN ELECTRONIC FORMAT , AS WELL AS INFORMATION18 |
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| 261 | 261 | | IDENTIFYING WHERE INFORMATION OR DOCUMENTS THAT ARE NOT19 |
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| 262 | 262 | | AVAILABLE ELECTRONICALLY MAY BE INSPECTED .20 |
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| 263 | 263 | | (d) (I) T |
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| 264 | 264 | | HE PRIOR REVIEW COMMITTEE MAY , BUT IS NOT REQUIRED21 |
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| 265 | 265 | | TO, CONSIDER THE SELECTED RULE AT A COMMITTEE MEETING OR TAKE22 |
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| 266 | 266 | | PUBLIC COMMENT OR PUBLIC TESTIMONY ON THE SELECTED RULE .23 |
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| 267 | 267 | | (II) T |
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| 268 | 268 | | HE PRIOR REVIEW COMMITTEE'S PRIOR REVIEW OF A SELECTED24 |
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| 269 | 269 | | RULE IS LIMITED TO WHETHER THE RULE SATISFIES THE REQUIREMENTS OF25 |
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| 270 | 270 | | SUBSECTIONS (4)(b) AND (8)(a) OF THIS SECTION.26 |
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| 271 | 271 | | (e) (I) N |
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| 272 | 272 | | OT LATER THAN SIXTY -FOUR DAYS AFTER THE27 |
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| 273 | 273 | | HB22-1128 |
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| 274 | 274 | | -8- COMMENCEMENT OF THE APPLICABLE LEGISLATIVE SESSION , THE PRIOR1 |
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| 275 | 275 | | REVIEW COMMITTEE MAY TAKE THE FOLLOWING ACTION CONCERNING A2 |
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| 276 | 276 | | SELECTED RULE:3 |
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| 277 | 277 | | (A) B |
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| 278 | 278 | | Y MAJORITY VOTE OF THE MEMBERS OF THE PRIOR REVIEW4 |
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| 279 | 279 | | COMMITTEE, MAKE THE SELECTED RULE EFFECTIVE IMMEDIATELY , OR5 |
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| 280 | 280 | | EFFECTIVE ON A LATER DATE IF A DELAY IS NECESSARY , AND INSTRUCT6 |
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| 281 | 281 | | THE AGENCY TO PROMPTLY SUBMIT THE SELECTED RULE TO THE7 |
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| 282 | 282 | | SECRETARY OF STATE FOR PUBLICATION IN THE COLORADO REGISTER;8 |
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| 283 | 283 | | (B) B |
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| 284 | 284 | | Y MAJORITY VOTE OF THE MEMBERS OF THE PRIOR REVIEW9 |
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| 285 | 285 | | COMMITTEE, DETERMINE THAT THE SELECTED RULE EXCEEDS THE10 |
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| 286 | 286 | | AGENCY'S RULE-MAKING AUTHORITY OR IS VOID FOR REASONS SET FORTH11 |
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| 287 | 287 | | IN SUBSECTIONS (4)(b) AND (8)(a) OF THIS SECTION; OR12 |
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| 288 | 288 | | (C) T |
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| 289 | 289 | | AKE NO ACTION.13 |
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| 290 | 290 | | (II) I |
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| 291 | 291 | | F THE PRIOR REVIEW COMMITTEE DOES NOT TAKE ACTION ON14 |
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| 292 | 292 | | A SELECTED RULE WITHIN SIXTY-FOUR DAYS AFTER THE COMMENCEMENT15 |
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| 293 | 293 | | OF THE FIRST REGULAR LEGISLATIVE SESSION FOLLOWING THE ADOPTION16 |
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| 294 | 294 | | OF THE RULE, THE SELECTED RULE IS DEEMED EFFECTIVE ON THE17 |
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| 295 | 295 | | SIXTY-FIFTH DAY AFTER THE COMMENCEMENT OF THE APPLICABLE18 |
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| 296 | 296 | | LEGISLATIVE SESSION WITHOUT FURTHER ACTION BY THE PRIOR REVIEW19 |
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| 297 | 297 | | COMMITTEE. THE OFFICE OF LEGISLATIVE LEGAL SERVICES SHALL20 |
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| 298 | 298 | | PROMPTLY NOTIFY THE SECRETARY OF STATE THAT THE RULE IS DEEMED21 |
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| 299 | 299 | | EFFECTIVE. UPON RECEIVING THE NOTIFICATION FROM THE OFFICE OF22 |
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| 300 | 300 | | LEGISLATIVE LEGAL SERVICES, THE SECRETARY OF STATE SHALL PUBLISH23 |
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| 301 | 301 | | THE RULE IN THE COLORADO REGISTER.24 |
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| 302 | 302 | | (f) T |
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| 303 | 303 | | HE GENERAL ASSEMBLY MAY EXEMPT IN STATUTE AN25 |
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| 304 | 304 | | ECONOMIC IMPACT RULE FROM ECONOMIC IMPACT ANALYSIS UNDER26 |
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| 305 | 305 | | SUBSECTION (4)(a)(II) OF THIS SECTION AND FROM PRIOR REVIEW UNDER27 |
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| 306 | 306 | | HB22-1128 |
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| 307 | 307 | | -9- THIS SUBSECTION (15).1 |
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| 308 | 308 | | SECTION 4. Act subject to petition - effective date. This act2 |
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| 309 | 309 | | takes effect at 12:01 a.m. on the day following the expiration of the3 |
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| 310 | 310 | | ninety-day period after final adjournment of the general assembly; except4 |
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| 311 | 311 | | that, if a referendum petition is filed pursuant to section 1 (3) of article V5 |
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| 312 | 312 | | of the state constitution against this act or an item, section, or part of this6 |
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| 313 | 313 | | act within such period, then the act, item, section, or part will not take7 |
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| 314 | 314 | | effect unless approved by the people at the general election to be held in8 |
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| 315 | 315 | | November 2022 and, in such case, will take effect on the date of the9 |
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| 316 | 316 | | official declaration of the vote thereon by the governor.10 |
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| 317 | 317 | | HB22-1128 |
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| 318 | 318 | | -10- |
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