S.B. 94-6 Capital construction fund - transfer of moneys. Reduces from $8,548,000 to $4,036,000 the amount of moneys transferred pursuant to S.B. 93S-009 from the general fund to the capital construction fund for the youthful offender system.
APPROVED by Governor May 22, 1994
EFFECTIVE May 22, 1994
S.B. 94-9 Controlled maintenance trust fund - transfers to fund - procedures for fixing the amount of transfers - factors affecting excess general fund revenues. Directs the capital development committee of the general assembly, in making a recommendation to the joint budget committee of the general assembly concerning the amount of a transfer to the controlled maintenance trust fund, to consider the extent to which excess general fund revenues are the result of expenditures of other general fund dollars. In January 1995, and each January thereafter, directs the capital development committee to consider the effect of statutory rebates and transfers in determining the amount of excess general fund revenues. Requires the general assembly to determine the amount to be transferred and to direct the state treasurer and controller to make such transfer to the controlled maintenance trust fund. Requires the general assembly to make its determination by bill for fiscal year 1993-94 and by joint resolution, introduced on the same time schedule as the state revenue estimate, for subsequent fiscal years.
Transfers $32,650,000 out of the general fund to the controlled maintenance trust fund.
APPROVED by Governor May 31, 1994
EFFECTIVE May 31, 1994
S.B. 94-10 Revenue estimate. Changes the date for adoption by the general assembly of the resolution certifying the next fiscal year's revenue estimate from January 20 to February 1.
APPROVED by Governor January 18, 1994
EFFECTIVE January 18, 1994
S.B. 94-38 Lottery headquarters - location. Permanently locates the state lottery division headquarters in Pueblo in facilities provided at the expense of the lottery division.
APPROVED by Governor April 19, 1994
EFFECTIVE April 19, 1994
S.B. 94-50 Public employees' retirement association - benefit provisions - employment after retirement. Expands the applicability of the employment limitations that certain employed service and disability retirees are subject to in order to receive salaries without a reduction in public employment retirement association benefits to include positions not subject to membership in the association. Extends the option for voluntary suspension of retirement benefits to all positions subject to membership in the association in which a retiree is employed in order for the retiree to make contributions to the association and receive a salary without reduction in benefits.
Makes the prohibition on the availability of survivor benefits applicable to retirees who return to work in any position unless the retiree voluntarily suspends the benefits and returns to membership in the association.
APPROVED by Governor June 3, 1994
EFFECTIVE June 3, 1994
S.B. 94-85 Denver convention center - construction. Changes statutory provisions concerning the contract between the city and county of Denver and the state of Colorado regarding state assistance for the construction of the Denver convention center to show that the state's obligations under the contract have been completed. Repeals obsolete statutory provisions regarding the contract.
APPROVED by Governor March 31, 1994
EFFECTIVE March 31, 1994
S.B. 94-102 State property - authorization for transfer or disposal of Wheat Ridge regional center main campus. Authorizes the executive director of the department of institutions to transfer property commonly known as the Wheat Ridge regional center main campus in Jefferson County from the department to the state board of land commissioners. Requires the board to assume the department's obligations under the existing lease between the department and the north Jeffco metropolitan recreation and park district. Authorizes the board to sell, exchange, lease, or otherwise dispose of the property. Directs the board to select the method of disposal which provides the maximum amount of return to the state. Specifies that the property may not be sold, exchanged, or leased for less than its appraised value. Provides that the standards of conduct governing state contracts are applicable to any such transaction.
Creates the Wheat Ridge regional center main campus special revenue account. Specifies that all proceeds from any transaction authorized by the act must be placed in such account. Specifies that the moneys in the account must be used to conduct an environmental audit of remaining lands and structures and to study the feasibility of rehabilitation or demolition of remaining properties. Specifies that any remaining moneys are to be deposited in the general fund. Authorizes the board to curtail or eliminate certain duties pertaining to remaining land and structures if proceeds from the sale of the property are insufficient to cover the cost of performing such duties.
Requires that, subsequent to the disposal of the property, the department and board submit a joint written report to the joint budget committee and the capital development committee detailing the results of the environmental audit and study of remaining land. In the event the report recommends state agency use of the remaining land, prohibits such use without prior review and comment by the committees.
APPROVED by Governor April 28, 1994
EFFECTIVE April 28, 1994
S.B. 94-130 Public records - sexual harassment policy of the general assembly - exemption from open records law. Adds records of sexual harassment complaints and investigations maintained pursuant to any sexual harassment policy of the general assembly to those records that are exempt from the right of inspection under the open records law, subject to certain exceptions. Allows a person in interest to make such a record available for public inspection in order to support the contention that an allegation of sexual harassment is false.
APPROVED by Governor April 20, 1994
EFFECTIVE July 1, 1994
S.B. 94-150 State employees - workweek and overtime - workers performing essential services. In administering overtime rules, requires the state personnel director to adopt in such rules a standard for including a holiday or authorized leave as hours worked in calculating overtime for employees required to perform essential services, such as highway workers, correctional officers, institutional employees, and state patrol personnel.
APPROVED by Governor May 31, 1994
EFFECTIVE July 1, 1994
S.B. 94-157 Federal mandates - implementation in state programs - funding for programs - requests for information. Enacts the "Federal Mandates Act". Requires any state officer, official, or employee to implement federal statutes in good faith and to exercise a critical view toward the provisions of any federal regulation, guideline, or policy in order to identify those provisions that are inconsistent with Colorado policy or do not advance Colorado policy in a cost-effective manner. Requires state agencies to follow certain criteria in the development of state programs that respond to mandates in federal statutes.
Prohibits any state appropriations for a state program authorized or mandated by a federal statute unless the program is necessary to protect the public health, safety, and welfare, is necessary to implement the federal statute, provides a cost-effective implementation of the federal statute, or benefits the state by providing a cost-effective means to meet a higher public health, safety, and welfare standard established under state law. Requires each state agency making a budget request for a program authorized or mandated by federal statute to include citations to the federal constitutional provisions and the state constitutional or statutory provisions that authorize the state program. Directs the joint budget committee to review the budget request and make recommendations regarding any additional state authority required to implement the state program. Directs the general assembly to determine whether a state program is necessary and whether federal constitutional and state constitutional or statutory authority exist. Provides that state appropriations may not be based solely on requirements found in federal regulations, guidelines, or policies.
Directs the office of state planning and budgeting and the joint budget committee to require each state agency to provide information regarding any monetary savings for the state and any reduction in regulatory burden that could be or have been achieved through the development of state policies that meet the intent of a federal statute but do not necessarily follow all applicable federal regulations, guidelines, or policies. Requires state agencies to provide advice to the office of state planning and budgeting and the joint budget committee regarding statutory changes that are necessary to provide the authority to implement state policies in such a way as to create additional savings or greater reductions in regulatory burdens. Requires the office of state planning and budgeting to include recommendations in its annual budget request to the joint budget committee based upon the information received from state agencies.
Excludes from the provisions of the act regarding appropriations and budgeting any portion of a program that is funded with non-tax or non-fee revenues that state authorities are required to administer in a trusteeship or custodial capacity and that are not subject to appropriation by the general assembly.
Directs the staff of the legislative council and the office of legislative legal services to prepare jointly one or more requests for information regarding federal mandates on or before August 30, 1994. Requires that initial responses to the requests for information be received by October 15, 1994. Authorizes the staff of the legislative council and the office of legislative legal services to prepare further requests for information to follow up on initial responses. Requires that the staff of the legislative council and the office of legislative legal services examine the information received and jointly present a report to the executive committee of the legislative council on or before December 1, 1994. Requires that the report include recommendations to the executive committee to enter into certain contracts or to initiate a request for proposals process and include estimates of the costs of the recommended federal mandates efforts.
APPROVED by Governor June 1, 1994
EFFECTIVE June 1, 1994
S.B. 94-159 Rules of executive department agencies - reinterpretation of existing rules - incorporation of materials by reference - distribution of incorporated materials. Requires the staff of the office of legislative legal services to review any existing rule of an agency upon the request of any member of the general assembly if the rule has been reinterpreted in a manner that is substantially different than previous interpretations or if there has been a statutory change affecting the interpretation or legality of the rule.
Requires any state agency proposing to incorporate any material by reference in a rule to identify the material in the rule-making notice. Authorizes any state agency to incorporate a federal rule, code, or standard by reference in a state rule if the federal rule, code, or standard has been incorporated by reference in the federal register or the code of federal regulations. Limits the incorporation of materials produced by nationally recognized associations or organizations in state rules to materials of scientific or technical entities. Defines "nationally recognized scientific or technical association or organization".
States that a federal rule, code, or standard does not have the force of Colorado law unless the rule, code, or standard is adopted in a state rule and is set out in full or incorporated by reference in the state rule.
Requires any state agency proposing to incorporate any noncopyrighted material by reference in a state rule to allow public inspection of the material and to provide copies of the material at cost beginning no later than the date of the notice of proposed rule-making. Requires any state agency proposing to incorporate any copyrighted material by reference in a state rule to provide information about the publisher and the citation to the material upon request.
If an agency within the department of public health and environment proposes to incorporate any material by reference in a rule and the rule was promulgated pursuant to one of the specified statutory articles regarding air quality control, water quality control, or hazardous waste, requires the agency to provide a sufficient number of copies of the material to the state publications depository and distribution center to allow distribution of the material to each state publications depository library. In any other situation in which a state agency proposes to incorporate material by reference in a rule, requires the agency to provide a single copy of the material to the state publications depository and distribution center.
APPROVED by Governor June 3, 1994
EFFECTIVE July 1, 1994
S.B. 94-222 State employees - personnel system - reporting dates for salary survey and job evaluation studies - performance-based pay pilot program. Requires that the results of a job evaluation study performed by the state personnel director be submitted to the joint budget committee by December 1 of each year for the ensuing fiscal year instead of January 15. Requires that the final salary and fringe benefit recommendation of the state personnel director be submitted to the governor and the joint budget committee on December 1 of each year for the ensuing fiscal year instead of to the governor by January 7 and transmitted to the joint budget committee by January 15. Deletes obsolete language regarding certain salary survey recommendations.
Extends the provision that sunsets the method for determination of annual salary increases to July 1, 1997. Creates a voluntary performance-based pay pilot program consisting of team-based performance incentives and individual performance incentives. Requires the department of personnel to develop guidelines for implementing the program and to administer the program. Places ongoing reporting requirements on the department of personnel in relation to the pilot program until the sunset of the program on July 1, 1997.
APPROVED by Governor May 31, 1994
EFFECTIVE July 1, 1994
H.B. 94-1005 Local human services restructuring process - creation of local planning committees - local human services delivery plan. States that the departments of public health and environment, health care policy and financing, human services (joint departments), the restructuring steering committee, and the governing body of each county in the state cooperate and coordinate in conducting a local assessment in an effort to identify and restructure the local delivery of human services and prepare a local human services delivery plan. Requires the governing body of every county in the state to consult with other counties to identify and designate a local planning area in which the local human services assessment and planning process will be conducted on or before August 1, 1994. Creates a local planning committee for each designated local planning area. Requires the joint departments and the restructuring steering committee to create an orientation program for use by the local planning committees on or before July 1, 1994, including an information packet concerning the current status of and issues to be addressed in the restructuring process, general guidelines for local assessment and planning, and a method of responding to questions concerning the information provided.
Authorizes each local planning committee to review the orientation program and conduct an assessment of the delivery of human services within the local planning area. Requires each local planning committee to prepare and deliver a written local human services delivery plan to the governing body of every county or portion of a county included in the local planning area on or before February 1, 1996. States that the plan must establish a single entry process, establish a local conflict resolution process, create an ongoing process for continuing to coordinate the delivery of human services, and identify whether there is a need for local restructuring, and, if a need exists, establish a plan for restructuring human services delivery systems within the local planning area.
Authorizes the governing body of every county or portion of a county included in the local planning area to review and respond to the local human services delivery plan. Allows the governing bodies to approve or modify that portion of the plan that pertains to services receiving county financial participation and to endorse or provide comments and recommendations to the legislative restructuring oversight committee regarding the remainder of the plan. Requires the local planning committee to incorporate the results of the review by the local governing bodies into the local human services delivery plan and to submit the plan to the joint departments, the restructuring steering committee, and the legislative restructuring oversight committee.
Requires the joint departments and the restructuring steering committee to review the local human services delivery plans, develop a statewide plan to support implementation of the local plans, and seek any waivers necessary for implementation of theapproved statewide plan. Requires the legislative restructuring oversight committee to review the proposed statewide plan and refer the plan with recommendations to the general assembly for approval.
Requires the joint departments and the restructuring steering committee to provide quarterly reports concerning the progress of local planning committees to the legislative restructuring oversight committee and to submit a report to the committee concerning further restructuring of the delivery of human services following the completion of the local human services delivery plans.
APPROVED by Governor May 25, 1994
EFFECTIVE May 25, 1994
H.B. 94-1009 Lottery proceeds - distributions to conservation trust fund - timing - interest. For the period from the fourth quarter of fiscal year 1993-94 through the fourth quarter of fiscal year 1997-98, changes the timing of distributions of lottery proceeds from the lottery fund to the conservation trust fund from a monthly to a quarterly basis. Directs the state treasurer to transfer net lottery proceeds allocable to the conservation trust fund to a conservation trust subaccount of the lottery fund on a monthly basis. Requires the treasurer to invest the moneys in the conservation trust subaccount and distribute any earnings or interest along with the principal to the conservation trust fund.
APPROVED by Governor March 31, 1994
EFFECTIVE March 31, 1994
H.B. 94-1018 Accounting records - closing the books. Requires the controller to make determinations of expenditures or encumbrances of state funds each year no later than 35 days after the close of the fiscal year rather than 45 days. Eliminates the exception for determinations established for the 1984-85 fiscal year. Requires state financial statements to be prepared in accordance with generally accepted accounting principles. Requires that the official books of the state be closed and that all adjusted revenue, expenditures, and expense accounts be closed into the state accounting system no later than 35 days after the end of the fiscal year.
Requires the state controller to prepare a plan for implementation of the requirement that the books be closed no later than 35 days after the end of the fiscal year and to submit the plan to the legislative audit committee by December 1, 1994.
APPROVED by Governor April 28, 1994
EFFECTIVE July 1, 1995
H.B. 94-1041 General government computer center - division of telecommunications. In the department of administration, continues the division of general government computer center and its powers, duties, and functions and continues the functions, duties, services, and appeal process of the division of telecommunications.
APPROVED by Governor March 11, 1994
EFFECTIVE March 11, 1994
H.B. 94-1109 Public entities - legal investment of public funds. Allows public entities to invest public funds in any registered money market fund with investments consisting of any fund having assets of $1,000,000,000 or more or the highest current credit rating from a nationally recognized credit rating organization. Permits public entities to invest public funds in any United States dollar denominated corporate or bank debt issued by a corporation or bank organized and operated in the United States and having a net worth of more than $250,000,000 as long as the notes evidencing the debt mature within 3 years and the notes meet certain nationally recognized credit rating levels. Prohibits a public entity from investing more than 30% of its investment portfolio in this type of security or, if the notes are issued by a single corporation or bank, more than 5% of its investment portfolio.
APPROVED by Governor March 29, 1994
EFFECTIVE March 29, 1994
H.B. 94-1113 State employees group benefits - recodification. Relocates the law governing state employee benefits from part 2 of article 8 of title 10 to part 6 of article 50 of title 24, with amendments, and renames the law the "State Employees Group Benefits Act". Adds and deletes several definitions under the Act and makes conforming amendments to the Act in connection with those additions and deletions. Provides that "group benefit plans" means any group benefit coverages including, but not limited to, medical, dental, life, and disability benefits. Allows COBRA participants access to the grievance procedure. Requires the director to adopt procedures, rather than rules and regulations, to carry out the Act.
Provides what specifications the director must include in any group benefit plans and eliminates specifications for life insurance, short-term disability, and supplemental plans. Changes the notice requirement to carriers of the director's intent to contract and the specifications and related data the director must prepare for carriers interested in preparing proposals for group benefit plans. Eliminates contract bids and provides for solicitation and acceptance of proposals for group benefit plans. Deletes requirements for the duration of contracts.
Authorizes the director to establish a variety of group benefit plans and eliminates the required selection of certain carriers and plans. Excludes certain information from disclosure to employees in connection with contracts with carriers. Changes the information carriers are required to provide the director. Eliminates certain provisions pertaining to the terms of contracts, change of carriers, and notice of proposed rate changes.
Eliminates the requirement that health insurance plans contain a provision for optional continued or converted coverage for terminated employees. Changes the printing requirements for the warning statement included in employee medical benefit materials.
Requires that group benefit plans be self-funded programs, if feasible. Changes the provisions on employee eligibility by providing for employee enrollment according to the director's procedures and by eliminating specific provisions on coordinating benefits and enrollment procedures. Eliminates the requirement that a portion of the state contribution be used to purchase life insurance. Shifts certain duties of the division of accounts and control and the division of purchasing to the department of administration.
Changes the name of the group insurance reserve fund to the group benefit plans reserve fund. Adds payment to carriers of claims costs and other administrative fees and costs associated with group benefit plans as items of expenditure from such fund.
APPROVED by Governor May 19, 1994
EFFECTIVE May 19, 1994
H.B. 94-1135 State employees - personnel system - references to "hearing officer". Changes the terminology from "hearing officer" to "administrative law judge" in the "State Personnel System Act".
APPROVED by Governor March 15, 1994
EFFECTIVE March 15, 1994
H.B. 94-1159 Peace officers standards and training board - definitions - certification requirements of peace officers - enforcement - appropriation. Changes the definition of "peace officer" for purposes of the peace officers standards and training (P.O.S.T.) board certification requirements to mean "peace officer, level I". Establishes training and certification requirements for "reserve peace officers". Eliminates the requirement for the position of secretary of the P.O.S.T. board.
Grants the P.O.S.T. board the authority to charge fees to support the certification functions of the board. Limits fees to $20 per manual published in connection with P.O.S.T. board functions and $50 per examination per applicant for administration of the standardized peace officer examination. Creates the P.O.S.T. board cash fund to which the fees collected shall be credited.
Requires that on or after January 1, 1995, persons serving as peace officers and reserve peace officers must be certified by the P.O.S.T. board and must have undergone a physical and psychological evaluation. Requires applicants to determine eligibility for certification prior to enrolling in any peace officer training program. Includes the successful completion of a high school education among the basic certification requirements for reserve peace officers.
Allows the P.O.S.T. board to direct the attorney general to seek injunctive relief to enforce the board's requirements.
Allows railroad employees defined as peace officers to have access to Colorado bureau of investigation fugitive and stolen property records.
Appropriates $8,924 and 0.2 FTE, out of moneys in the P.O.S.T. board cash fund, to the department of law for allocation to the P.O.S.T. board for the implementation of the act.
APPROVED by Governor May 31, 1994
EFFECTIVE May 31, 1994
H.B. 94-1164 Colorado state fish - greenback cutthroat trout. Declares the greenback cutthroat trout to be the state fish.
APPROVED by Governor March 15, 1994
EFFECTIVE March 15, 1994
H.B. 94-1191 Economic development - work force training plan - economic development strategic plan - economic development programs - performance criteria - participation by local governments in federal programs - transportation planning - appropriation. Creates the Colorado work force training coordinating council in the office of the governor composed of representatives from state departments and agencies that administer work force training programs and certain other gubernatorial appointees. Requires the council to develop a work force training plan and specifies the contents of the plan. Directs the council to present the work force training plan to the governor and the general assembly no later than July 1, 1995, and to submit a progress report on the development of the plan to the economic development advisory board no later than April 1, 1995.
States that no more than 5 of the appointed members of the economic development advisory board shall be from the same political party and that staff assistance for the board be provided by the offices of state planning and budgeting and the legislative council. Requires the Colorado economic development advisory board to develop an economic development strategic plan and specifies the minimum required contents of the strategic plan. Directs the economic development advisory board to consult with private and public individuals and organizations with knowledge of and interest in economic development and planning in the development of the strategic plan. Requires that the strategic plan recognize and accommodate needs and opportunities of the various regions of Colorado. Directs staff for economic development programs to cooperate with the economic development advisory board in the development of the strategic plan. Requires that the economic development strategic plan be submitted to the governor and the general assembly no later than July 1, 1995. Directs the economic development advisory board to recommend common, measurable, result-oriented performance criteria for economic development programs as part of the strategic plan. Sets forth factors to be considered in developing and evaluating the performance criteria.
Authorizes local governments to participate in federal programs to develop new business, expand existing business, or promote economic development within the local government's jurisdiction. Allows local governments to enter into contracts for the administration of such programs and to expend moneys for participation in such programs.
Repeals language relating to the development of a state economic development strategic plan by the governor's office. Repeals language relating to the duty of the Colorado office of business development to implement and update a targeted industries study. Directs the transportation commission to review any transportation projects related to economic development that are included in the economic development strategic plan and consider them for inclusion in the commission's statewide transportation plan.
Appropriates $50,000 out of the Colorado economic development fund to the office of the governor for allocation to the Colorado work force training coordinating council for development of the work force training plan. Appropriates $50,000 out of the Colorado economic development fund to the office of the governor for allocation to the Colorado economic development advisory board for development of the economic development strategic plan.
APPROVED by Governor June 1, 1994
EFFECTIVE June 1, 1994
H.B. 94-1194 Victims and witnesses assistance and law enforcement funds - allocation - restrictions on uses - reports. Increases the allocation of moneys in local victims and witnesses assistance and law enforcement (VALE) funds for agencies and organizations providing victims' services from at least 50% to at least 80% of the moneys in such funds after deductions for administrative costs. Establishes restrictions on the use of local VALE funds for the purchase of equipment and training programs. Prohibits state agencies from applying for or receiving local VALE funds, with the exception of the court administrator for each judicial district. Requires agencies requesting local VALE funds to acknowledge an understanding of the rights afforded to crime victims. Requires the state judicial department to report annually to the joint budget committee of the general assembly on all grants of moneys received from the fund.
APPROVED by Governor May 22, 1994
EFFECTIVE May 22, 1994
H.B. 94-1234 Public records - applicants for executive positions - confidentiality requirements. Prohibits the public inspection and copying of records submitted by an applicant or candidate for an executive position who is not a finalist if such person provides a written request that the records be kept confidential when submitting the records. Allows public inspection and copying of a finalist's records except letters of reference or medical, psychological, or sociological data concerning the finalist. Provides that prohibitions against public inspection and copying apply to selection processes for all executive positions, including selection processes conducted or assisted by private persons or firms.
Defines "executive position" to mean any nonelective employment position with a governmental entity except positions in the state personnel system, a classified system, or a civil service system. Defines "finalist" to mean an applicant for an executive position chosen for an interview or an applicant still in consideration for a position 21 days before an appointment is made, whichever occurs first. States that the term "finalist" shall include all applicants if there are 6 or fewer applicants for an executive position.
APPROVED by Governor April 28, 1994
EFFECTIVE April 28, 1994
H.B. 94-1248 Public libraries - establishment - participation - elections - implementation of Amendment #1. Requires the question of any tax levy not previously established by resolution or ordinance nor previouslyapproved by the electors for the establishment of or participation in a municipal, county, or joint library or library district to be submitted to a vote of the electors residing in the proposed library service area in accordance with section 20 of article X of the state constitution (Amendment #1).
APPROVED by Governor April 19, 1994
EFFECTIVE July 1, 1994
H.B. 94-1272 Capital construction - requirement that new projects be part of department program plans. Declares that it is the policy of the state not to acquire sites or authorize or initiate any program or activity requiring capital construction for a state department unless the program or activity is a part of the facilities program plan for the department.
Authorizes executive directors to prescribe standards for space utilization in department facilities except standards for office space shall continue to be prescribed by the department of administration. Requires executive directors to review facilities master planning and facilities program planning for capital construction projects within their department. Prohibits a department from beginning any capital construction unless the project is in accordance with anapproved facilities master plan, facilities program plan, and physical plan. Directs executive directors to ensure conformity of department operational master plans, facilities master plans, facilities program plans, and physical plans. Subjects plans for any capital construction project to the approval of the executive director and declares the policy of the general assembly to appropriate funds only for projects which have received such approval. Authorizes the executive director to exempt projects which will require less than $250,000 of state moneys from the master planning and program planning requirements.
Requires the executive director of each state department to request that subordinate directors annually submit a 5-year projection of capital development projects and to determine whether a proposed project is consistent with department master planning and standards of space utilization. Directs the executive director for each department to annually establish a 5-year capital improvements plan and to annually submit recommended funding priorities for capital construction projects to the office of state planning and budgeting, the governor, and the general assembly. Makes acquisitions or utilizations of real property which will require the expenditure of state or federal funds subject to the approval of the executive director, regardless of the nature of the transaction. Prior to approving a capital development project which will be operated and maintained solely from fees, gifts, bequests, grants, or revolving funds, requires executive directors to request and consider the recommendations of the capital development committee and the joint budget committee concerning the project.
Deletes the duties of the department of administration with respect to the development of methods of control to ensure conformity of departmental master planning and program planning and its duties with respect to the provision of technical assistance to and evaluations for departments during the initial planning stages of a capital construction project.
APPROVED by Governor April 6, 1994
EFFECTIVE April 6, 1994
H.B. 94-1284 Sovereign immunity - waiver - applicability to persons incarcerated. Reinstates sovereign immunity for claims for injury resulting from the operation of a correctional facility or jail or a dangerous condition of a jail, which claims are made by claimants who have been convicted of a crime and incarcerated pursuant to such conviction. Requires a showing of injury due to negligence in order for the waiver of sovereign immunity to apply to claimants who are incarcerated but not yet convicted of the crime.
Applies to causes of action arising on or after July 1, 1994.
APPROVED by Governor June 3, 1994
EFFECTIVE July 1, 1994
H.B. 94-1304 Administrative law judges - standards of conduct. Subjects administrative law judges to the standards of conduct set forth in the code of judicial conduct for administrative law judges of the state central panels and requires the performance review plan for each administrative law judge to include the code. Directs any complaint alleging a violation of the code by an administrative law judge to the executive director of the department of administration. Requires the executive director to investigate the complaint and determine whether the administrative law judge violated any canon of the code. Subjects an administrative law judge to the disciplinary procedures set forth in rules adopted by the state personnel board.
Creates a process whereby any party who is dissatisfied with the decision of the executive director may lodge an appeal with the board of ethics for the executive branch of state government in the office of the governor. Mandates that a decision by the executive director or the board of ethics that an administrative law judge acted in violation of the code of judicial conduct for administrative law judges be made a part of that administrative law judge's personnel file.
APPROVED by Governor May 22, 1994
EFFECTIVE July 1, 1994
H.B. 94-1309 Financial statements - legislative declaration - annual financial report for ascertaining compliance with Amendment #1. Specifies that state financial statements shall be prepared, insofar as possible, in conformity with generally accepted accounting principles. Requires the controller to prepare an annual financial report of the state for purposes of ascertaining compliance with section 20 of article X of the state constitution (Amendment #1). Requires such annual financial report to be prepared in accordance with generally accepted accounting principles unless an irreconcilable conflict exists between generally accepted accounting principles and Amendment #1 in which case the constitutional provision shall control. Requires the state auditor to audit such financial report.
APPROVED by Governor May 4, 1994
EFFECTIVE May 4, 1994
H.B. 94-1345 Public employees' retirement association - Colorado state fair authority - temporary employees - alternative retirement plan. Excludes temporary employees of the Colorado state fair authority who are employed 30 days or less in a calendar year from eligibility for membership in the public employees' retirement association. Requires the board of commissioners of the authority to establish a retirement plan for those temporary employees and requires participation in such plan by those temporary employees. Describes the requirements for designating an organization or organizations from which contracts for such plan shall be purchased.
Specifies, subject to certain exceptions, that no benefits accrued or payable under such a retirement plan shall be assignable or subject to creditors. Adds payments from such a plan to the definition of earnings for purposes of writs of garnishment. Makes such payments subject to the provisions on assignments of payments for payment of support or maintenance and to the definition of wages for purposes of child support enforcement procedures.
APPROVED by Governor May 22, 1994
EFFECTIVE July 1, 1994
H.B. 94-1351 Joint legislative sunrise and sunset review committee - advisory committees and agencies - extension of life term - sunrise proposals - requirements. Increases from 6 years to 10 years the maximum life term that may be given to an advisory committee, agency, or board before it must be reviewed by the joint legislative sunrise and sunset review committee. States that a newly created division, board, agency, or function shall have a life not to exceed 10 years instead of 6 years. Provides that the general assembly, acting by bill, may extend the life of a division, board, agency, or function by no more than 15 years instead of 10 years. Reschedules the review dates for certain agency functions from July 1, 1995, to July 1, 1996.
Provides that the joint legislative sunrise and sunset review committee shall review a proposal to regulate a professional or occupational group only if the requesting party submits a statement of support by December 15 of any year, in addition to the other required information. Requires that the statement of support be signed by at least 10 members of the profession or occupation for which regulation is being sought or at least 10 individuals who are not members of such profession or occupation.
States that whenever the committee approves of the regulation of a profession or occupation, the supporters of such regulation may submit appropriate legislation during each of the 2 regular sessions of the general assembly that immediately succeed the date of such approval without again having to submit such proposal to the committee for review.
APPROVED by Governor May 25, 1994
EFFECTIVE May 25, 1994
H.B. 94-1360 Youth crime prevention and intervention program - appropriation. Creates the youth crime prevention and intervention program to award grants to community-based programs that provide intervention services for youths to reduce incidents of youth crime. Specifies that the program is administered and monitored by the department of local affairs. Establishes the youth crime prevention and intervention program board, and specifies the membership of the board. Instructs the board to: Review program applications; establish application guidelines and timelines; select the entities, subject to the governor's approval, that will receive grants through the program; develop criteria for awarding grants; and develop criteria for measuring the effectiveness of programs that receive grants. Encourages the Colorado youth conservation and service corps council to apply for funding through the program. Requires any entity that receives a grant through the program to submit a semiannual report to the department of local affairs regarding the effectiveness of the funded program. Instructs the department of local affairs to submit an annual report to the general assembly regarding the effectiveness of the youth crime prevention and intervention program.
Appropriates $3,600,000 to the department of local affairs for allocation to the youth crime prevention and intervention program for the implementation of the act.
APPROVED by Governor May 23, 1994
EFFECTIVE May 23, 1994
H.B. 94-1366 Fiscal policies - automatic allocation of certain moneys currently subject to annual appropriation. Provides for the reestablishment of the previous procedure of automatic allocation of moneys which are currently subject to annual appropriation for the following purposes: (1) State funding of death and disability benefits for the fire and police pension association; (2) Distribution of a portion of state cigarette tax to municipalities and counties; and (3) Grants for property tax assistance and heat and fuel assistance for the elderly and disabled. Specifies that such moneys be included for informational purposes in the general appropriation bill or in supplemental appropriation bills.
APPROVED by Governor May 31, 1994
EFFECTIVE May 31, 1994
H.B. 94-1367 Transfers between appropriations - overexpenditures of appropriations. Extends the expiration date to September 1, 1999, for existing statutory provisions which authorize the following limited transfers between appropriations: (1) Transfers between departments of government to implement appropriations conditioned on the distribution or transfer of the appropriated funds; (2) Transfers of unlimited amounts of general fund appropriations between the departments of human services and health care policy and financing when required by changes from the appropriated levels in the amount of medicaid cash funds earned through programs or services provided or administered by the department of health care policy and financing; and (3) Transfers of moneys between appropriations made to a principal department for like purposes by the head of such department and similar intradepartmental transfers within the judicial department and the office of the governor.
Commencing with the 1993-94 general appropriation act, authorizes the transfer of cash-spending authority within an item of appropriation so long as the total cash fund spending authority within the item of appropriation is not increased. Establishes a September 1, 1999, expiration date for this transfer authority.
Increases from one million to 2 million dollars the total amount of moneys transferred between appropriations made to principal departments and to the office of the governor. Excludes transfers to utilities items from this limit.
Extends the expiration date to September 1, 1999, for the existing statutory provision regarding the responsibilities of the office of state planning and budgeting to review for the governor all such transfers of appropriations. Extends the expiration date to July 1, 1999, for existing statutory provisions which allow state agencies to overexpend items of appropriation under limited circumstances for the purposes of closing the state's books for a fiscal year. Limits the transfer and overexpenditure authority to fiscal years 1993-94 through 1998-99.
APPROVED by Governor May 25, 1994
EFFECTIVE May 25, 1994
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