Rep. Andres Pico

Section 1 of the bill requires the election of the commissioner of insurance. Sections 6 and 7 make conforming amendments.Section 2 repeals and reenacts existing statutes requiring the governor to appoint members of the air quality control commission to require the election of all commissioners. Section 3 requires the election of the voting members of the oil and gas conservation commission.Section 4 requires the election of all members of the public utilities commission, and section 5 makes conforming amendments.Sections 2 through 5 become effective on January 1, 2024. Because the Colorado constitution requires the appointment of the commissioner of insurance, sections 1, 6, and 7 only become effective on January 1, 2024, if, based on the passage of a concurrent resolution and a vote of the people, the governor declares a vote at a general election to change the Colorado constitution to require the election of the commissioner of insurance.Sections 2 and 4 also require that an elected commissioner's oath of office include a commitment to prioritizing energy reliability and reducing consumer costs above all other considerations in making decisions as a commissioner.(Note: This summary applies to this bill as introduced.)

The concurrent resolution repeals the constitutional provision requiring that the insurance commissioner be appointed by the governor with the consent of the senate.(Note: This summary applies to this concurrent resolution as introduced.)

The bill enacts the "Property Ownership Fairness Act" (act). The bill entitles a property owner to seek just compensation from a governmental entity that enacts a land use law reducing the right of a property owner to use, divide, sell, or possess their property and reducing the fair market value of the property. The bill sets forth the procedure by which a property owner can demand just compensation and sets forth exceptions where a property owner is not entitled to seek just compensation for a land use law. Additionally, the bill prohibits a governmental entity from enacting a land use law that caps residential building permits issued in a single or multi-year period with the intent of limiting growth or development.(Note: This summary applies to this bill as introduced.)

The bill prohibits every public employee and every employee organization from directly or indirectly inducing, instigating, encouraging, authorizing, ratifying, or participating in picketing, a strike, work stoppage, or work slowdown (prohibited action) against any public employer and prohibits a public employer from consenting to or condoning a prohibited action. In the event of a prohibited action by a public employee or the imminent threat of a prohibited action, the bill authorizes a public employer to seek an injunction from the district court. If the court finds that a prohibited action has occurred or unless enjoined will occur, the bill directs the court to enjoin the continuance or the commencement of the prohibited action. The bill also specifies that the court will hold a public employee or an employee organization that fails to comply with the injunction in contempt of court and specifies the punishments for public employees or employee organizations found to be in contempt of court. (Note: This summary applies to this bill as introduced.)

The bill requires the state court administrator to provide the secretary of state with a report of all persons who report as ineligible to serve as a trial or grand juror because they are either not a citizen or do not reside in the county in which they are summoned for juror service. The bill also requires the secretary of state to forward this report to each county clerk and recorder. The bill then requires county clerk and recorders to cancel the voter registration of any elector who is either not a citizen or does not reside in the county and who the county clerk and recorders have received notice of from the state court administrator's report. The secretary of state may cancel the voter registration of any elector who is not a citizen and who the secretary of state has received notice of from the state court administrator's report. Nothing in the bill allows a county clerk and recorder or the secretary of state to cancel the registration of a uniformed-service voter who is absent from the county in which he or she is registered to vote by reason of active duty. (Note: This summary applies to this bill as introduced.)

Under current law, executive agency rules take effect 20 days after the agency adopts the rule, or on a later date if specified in the rule. After adoption, the office of legislative legal services (OLLS) at the direction of the general assembly's committee on legal services (committee) reviews agency rules on an annual cycle, commencing with agency rules adopted on or after November 1 of one year through October 31 of the following year, and recommends the expiration of certain rules to the committee based a determination that the rules do not comply with statute. The committee votes on whether to recommend the nonextension of those rules to the general assembly, as reflected in the annual rule review bill. Rules that are not extended by the general assembly in the annual rule review bill expire on May 15 of the year following the year in which they were enacted. The bill requires the governor or the governor's designee to review each proposed rule for compliance with the agency's statutory authority and other criteria set forth in statute, and prohibits an agency from adopting such proposed rule unless and until the governor or governor's designee determines its compliance. The bill creates a new prior review process for review of rules adopted by an agency on and after November 1, 2022, that significantly increase the regulatory burden on businesses, professions, occupations, and industries, including the oil and gas, aerospace, energy efficiency and environmental technology, transportation, and agriculture industries (economic impact rules). As part of the rule-making process, the agency determines whether the rule is an economic impact rule at the conclusion of the rule-making process. The agency must send the list of economic impact rules to the general assembly, the OLLS, and the secretary of state. A rule that an agency determines to be an economic impact rule cannot take effect until completion of the prior review process established in the bill. Each economic impact rule is assigned to a single legislative prior review committee consisting of the members of either the house of representatives' or senate's committee of reference that hears matters relating to the subject of the economic impact rule or that considered the legislation authorizing the economic impact rule. Within 21 days after the commencement of the regular legislative session, the prior review committee may select economic impact rules for review under the prior review process established in the bill. Economic impact rules that are not selected for prior review take effect on the twenty-second day after the commencement of the legislative session. With respect to economic impact rules selected by a prior review committee for prior review, the prior review committee may take the following actions: By majority vote, make the rule effective immediately or on another date; By majority vote, determine that the rule exceeds the agency's rule-making authority or fails to meet other requirements for rule-making set forth in statute; or Take no action. If the committee takes no action on a selected economic impact rule within 64 days after the commencement of the applicable regular legislative session, the selected rule is deemed effective on the sixty-fifth day after the commencement of the legislative session. (Note: This summary applies to this bill as introduced.)

The "State Measurement For Accountable, Responsive, and Transparent (SMART) Government Act" (SMART Act) establishes a performance management system to better allow the public, the general assembly, the governor, and state departments to assess, manage, and improve the administration and performance of state programs. The bill adds the office of saving people money on health care, created within the governor's office by executive order, to the list of departments that are required to comply with the requirements of the SMART Act.(Note: This summary applies to this bill as introduced.)

In 2017, the general assembly (GA) enacted Senate Bill 17-267, which required the state treasurer to issue up to $500 million of lease-purchase agreements (COPS) in each of the 2018-19, 2019-20, 2020-21, and 2021-22 state fiscal years for the purpose of funding transportation projects. Subsequently, in a series of 4 bills, the GA referred a statewide ballot issue, initially at the November 2019 statewide election but thereafter twice modified and delayed until the 2021 statewide election, that, if approved, would have authorized the state to issue transportation revenue anticipation notes (TRANs) for the purpose of funding transportation projects and prevented the issuance of the state fiscal year 2021-22 COPS.The GA intended that, upon approval of the ballot issue, the TRANs authorized would replace the unissued COPS as a source of funding for transportation projects. The act amends the effective date clause of one of the 4 bills to prevent the unintended consequence, resulting from the interplay of the bill with another one of the 4 bills, that TRANs could be authorized without preventing the issuance of the state fiscal year 2021-22 COPS. However, the act has no practical effect because Senate Bill 21-260 repealed the requirement that a statewide ballot issue seeking authorization for the issuance of TRANS be referred to the voters at the 2021 statewide election.(Note: This summary applies to this bill as enacted.)