Editor's note: (1) Subsection (7) provided for the repeal of this part 11,
effective January 1, 2005. (See L. 2004, p. 1073.)
(2) This part 11 was added in 2004 and was not amended prior to its repeal in
2005. For the text of this part 11 prior to 2005, consult the 2004 Colorado Revised
Statutes.
PART 12
POST-ENACTMENT REVIEW
OF THE IMPLEMENTATION OF BILLS
2-2-1201. Accountability clauses - post-enactment review of
implementation of bills by legislative service agencies - definitions - repeal. (1) In
accordance with the provisions of this section, legislative service agencies shall
conduct a post-enactment review of the implementation of any bill enacted during
any legislative session, regular or special, commencing on and after January 1,
2006, that becomes law and that contains an accountability clause and a legislative
declaration setting forth the desired results or benefits to be achieved by the bill,
as intended by the general assembly, that shall be used by legislative services
agencies in conducting a post-enactment review in accordance with this section
and such other information that is necessary for the legislative service agencies to
conduct such a post-enactment review.
(2) (a) In conducting a post-enactment review as required by subsection (1) of
this section, legislative service agencies shall determine to the greatest extent
possible:
(I) Whether the bill has been implemented, in whole or in part;
(II) If the bill has been implemented in whole or in part, how the bill has been
implemented, including whether the bill has been implemented in the most efficient
and cost-effective manner;
(III) If the bill has been implemented in part, the reasons why the bill has not
been implemented in whole;
(IV) The extent to which the desired results or benefits of the bill, as
specified in the legislative declaration of the bill, are being achieved;
(V) Whether there have been any unintended consequences or problems
caused by the implementation of the bill;
(VI) Whether the implementation of the bill has been impeded by any
existing state or federal statutes, rules, procedures, or practices;
(VII) Whether any administrative or statutory changes are necessary to
improve the implementation of the bill;
(VIII) Whether the actual costs of implementing the bill have been within the
estimated costs, if any, set forth in the fiscal note for the bill;
(IX) Whether any increase in state funding is necessary to improve the
implementation of the bill; and
(X) Any other pertinent observation made by the legislative service agencies
that relate to the implementation of the bill.
(b) If the legislative service agencies cannot determine any of the items
specified in paragraph (a) of this subsection (2), in whole or in part, due to a lack of
sufficient information set forth in the legislative declaration of the bill for which a
post-enactment review is being conducted or due to any other ambiguity arising
from the language of the bill, the legislative service agencies shall include a
statement to that effect in their written findings reported in accordance with
subsection (3) of this section.
(3) The legislative service agencies shall complete any post-enactment
review of the implementation of a bill required pursuant to this section no later than
one hundred eighty days after the two-year or five-year anniversary, as applicable,
of the enactment of the bill. The legislative service agencies shall report their
written findings resulting from any post-enactment review of the implementation of
a bill to the speaker of the house of representatives, the president of the senate,
the minority leaders of the house of representatives and senate, and the prime
sponsors of the bill if they are still serving in the general assembly at the time the
report is filed. The report shall be filed no later than sixty days after a post-enactment review is completed by the legislative service agencies and shall be a
public record for purposes of article 72 of title 24, C.R.S.
(4) (a) Nothing in this section shall be construed to require the inclusion of an
accountability clause and a legislative declaration in any bill.
(b) For purposes of this section, an accountability clause and a legislative
declaration may be:
(I) Included in any bill introduced in the house of representatives or the
senate at the request of the prime sponsor of the bill; or
(II) Added to any bill by amendment offered by any member of the general
assembly and adopted during the legislative process in accordance with law and
legislative procedures.
(5) Notwithstanding any other provision of law, all officers, departments,
agencies, and offices of the state, or of any political subdivision of the state, that is
responsible for or involved in the implementation of any bill that is subject to a
post-enactment review pursuant to the provisions of this section shall cooperate
with and provide all information that may be requested by legislative service
agencies for purposes of conducting a post-enactment review pursuant to this
section.
(6) The general assembly may adopt rules to implement accountability
clauses and the post-enactment review of bills containing an accountability clause
and a legislative declaration by legislative service agencies in accordance with the
provisions of this section.
(7) For purposes of this section, unless the context otherwise requires:
(a) Accountability clause means a noncodified provision of a bill that
directs legislative staff agencies to conduct a review of the implementation of the
bill either two or five years, as specified in the provision, after the enactment of the
bill.
(b) Legislative service agencies means the office of legislative legal
services, legislative council staff, and staff of the joint budget committee.
(8) Repealed.