Section 2-2-322 - Fiscal notes - repeal(1) The general assembly shall provide by rule for legislative service agency review of the fiscal impact of legislative measures.(1.5)(a) Commencing with the second regular session of the seventy-second general assembly, the fiscal note for a legislative measure required under subsection (1) of this section must indicate if a greenhouse gas emissions report has been prepared pursuant to section 2-3-322.3.(b) This subsection (1.5) is repealed, effective September 1, 2025.(2) The general assembly shall provide by rule, as recommended by the executive committee of legislative council, for legislative service agency review of the fiscal impact of legislative measures which include the creation or increase of any fee collected by a state agency. The fiscal information on such measures shall include the average amount of such fee collected annually by such agency from each individual, family, or business, whichever is applicable, paying such fee and a projection of the average amount of such fee that will be collected from each individual, family, or business subsequent to the creation of or increase in such fee.(2.5) If a legislative measure creates a new criminal offense, increases or decreases the crime classification of an existing criminal offense, or changes an element of an existing offense that creates a new factual basis for the offense, the fiscal note shall include the following:(a) A description of the elements of the proposed new crime or a description of the new, amended, or additional elements of an existing crime;(b) An analysis of whether the new crime, or changes to an existing crime, may be charged under current Colorado law;(c) A comparison of the proposed crime classification to similar types of offenses;(d) An analysis of the current and anticipated future prevalence of the behavior that the proposed new crime, or changes to an existing crime, intends to address; and(e) A description of gender and minority data as it relates to the general Colorado population and available data on gender and minority offender and crime victims populations potentially affected by the proposed measure.(3)(a) Each state department, agency, or institution shall cooperate with and provide information on the fiscal impact of a legislative measure in the manner requested by the staff of the legislative council for consideration by the staff in connection with the preparation of a fiscal note for the measure.(b) The state department, agency, or institution shall substantiate the calculation of the fiscal impact of the legislative measure in its response to a request for information made pursuant to paragraph (a) of this subsection (3) by providing any documentation that clearly identifies any assumptions supporting that calculation and a narrative discussion of the justification for any increase or decrease in workload.(c) The state department, agency, or institution shall meet the deadlines established by the staff of the legislative council for providing a response to a request for information made pursuant to paragraph (a) of this subsection (3) or shall specify the need for additional time to provide the response. If additional time is required to respond to the request for information, the staff of the legislative council shall set a reasonable time for providing the information.(d)(I) The state department, agency, or institution shall not modify the amount of the fiscal impact that was originally calculated for a legislative measure after the staff of the legislative council has released and made public the fiscal note for such measure unless:(A) The measure has been amended;(B) There is newly discovered information that was previously unavailable that warrants modification of the original calculation and narrative submitted by the state department, agency, or institution; or(C) Technical errors are discovered that warrant modification of the original calculation and narrative submitted by the state department, agency, or institution.(II) Information supporting a modification to the fiscal impact shall be submitted in the manner requested by the staff of the legislative council by the head of the state department, agency, or institution.(4) In addition to any other requirement under this section or in the legislative rules for legislative service agency review of the fiscal impact of legislative measures, the general assembly shall also provide for legislative service agency review of the fiscal impact of legislative measures considered by committees of the general assembly meeting during the legislative interim. For each interim, the deadlines and guidelines adopted prior to each interim by the executive committee of the legislative council for requesting and finalizing interim committee bills must allow for sufficient time between the public release of the fiscal note for a particular measure by the staff of the legislative council and the final vote by the applicable legislative interim committee so that members of the committee are able to consider the fiscal note in voting on the measure. For each interim, the specific dates by which these requirements will be satisfied must be specified in the applicable set of deadlines and guidelines for that interim. Except as otherwise provided in this subsection (4), all other requirements governing legislative service agency review of the fiscal impact of legislative measures considered during regular legislative sessions that are specified in this section or in the legislative rules also govern the requirements of this subsection (4).(5)(a) In preparing a fiscal note for any legislative proposal that may impose a new health benefit coverage mandate on health benefit plans or mandate a reduction or elimination of coverage under a health benefit plan and for which a report has been prepared by a contractor pursuant to section 10-16-155, the legislative service agency charged with preparing the fiscal note shall include a statement that a report has been prepared by the contractors for the legislative proposal pursuant to section 10-16-155 and submitted to the director of research of the legislative council by the division, including an indication of how the contractors' final report may be obtained in its entirety.(b) This subsection (5) is repealed, effective November 1, 2027.Amended by 2022 Ch. 449, § 2, eff. 8/10/2022.Amended by 2019 Ch. 339, § 3, eff. 5/29/2019.Amended by 2015 Ch. 276, § 2, eff. 6/4/2015.Amended by 2013 Ch. 272, § 1, eff. 7/1/2013.L. 88: Entire section added, p. 305, § 2, effective May 23. L. 94: Entire section amended, p. 1405, § 1, effective July 1. L. 2009: (3) added, (HB 09 -1112), ch. 155, p. 155, § 1, effective August 5. L. 2011: (2.5) added, (HB 11 -1239), ch. 204, p. 204, § 1, effective August 10. L. 2013: (2.5)(c) and (2.5)(d) amended and (2.5)(e) added, (SB 13-229), ch. 1426, p. 1426, § 1, effective July 1. L. 2015: (4) added, (HB 15-1335), ch. 1130, p. 1130, § 2, effective June 4. L. 2019: (1.5) added, (HB 19-1188), ch. 3104, p. 3104, § 3, effective May 29. 2022 Ch. 449, was passed without a safety clause. See Colo. Const. art. V, § 1(3). (1) For the legislative declaration in HB 15-1335, see section 1 of chapter 276, Session Laws of Colorado 2015. (2) For the legislative declaration in HB 19-1188, see section 1 of chapter 339, Session Laws of Colorado 2019.