S.B. 97-16 Nonprofit entities created or supported by state agencies or state-level authorities - reporting and auditing requirements. Allows a state agency or an employee or agent thereof to create a nonprofit entity, under the agency's control, to carry out the governmental functions of the agency only if the agency possesses specific statutory authority for creating such a nonprofit entity. Exempts certain existing nonprofit entities from this requirement. Specifies that the requirement does not limit certain activities of state-supported institutions of higher education and of the Colorado postsecondary educational facilities authority. By September 1, 1997, requires each state agency to provide to the state auditor a list of all such nonprofit entities created by such agency and in existence on July 1, 1997, along with a copy of each nonprofit entity's most recent annual audit report or financial statement.
Specifies that such nonprofit entities created by a state agency, with the exception of certain nonprofit entities created by the board of regents of the university of Colorado, are subject to annual audits by the state auditor. Specifies that certain capital financing activities of a nonprofit entity created for the sole benefit of one or more state-supported institutions of higher education are subject to the same audit requirements currently imposed for gifts and bequests received by such entities.
Allows a state-supported institution of higher education intending to establish a nonprofit entity to seek approval for such creation from the Colorado commission on higher education in lieu of obtaining statutory authority therefor. Prior to granting such approval, requires the commission to seek and consider recommendations from the legislative audit committee regarding such approval.
Beginning July 1, 1997, requires certain statutorily-created authorities intending to create or participate in the creation of a nonprofit entity to file a statement of intent with the state auditor. Specifies the required contents of such statement and when it should be filed. For fiscal years ending after June 30, 1997, requires such authorities to report in its annual financial audit report the annual financial activities of any nonprofit entity created.
Specifies that any nonprofit entity supported by or established by or on behalf of a state agency may not be an agency or department of state government and may not be subject to any provisions of law affecting only governmental or public entities. Exempts the state from responsibility for any debt or liability incurred by any such entity.
VETOED by Governor June 5, 1997
S.B. 97-59 Open meetings - list of finalists for chief executive officer - public notice. Requires state and local public bodies to make public the list of finalists being considered for a chief executive officer position no later than 14 days before appointing or employing someone to fill the position rather than no later than 14 days before conducting the first interview for the position.
APPROVED April
14, 1997
EFFECTIVE April 14, 1997
S.B. 97-80 State employees - protections from retaliation for disclosure of information - complaints filed with state personnel board. States that, under the state whistle blower law, a written complaint by an employee in the state personnel system alleging retaliation for the employee's disclosure of information filed on or after July 1, 1997, must be filed with the state personnel board within 30 days after the employee knows or should have known of a disciplinary action against the employee.
Requires the state personnel board to:
Requires the affected state agency to respond to a complaint within 45 days of the filing thereof. Allows a hearing date to be continued once only for good cause shown for no longer than 45 days with the approval of the state personnel board. Specifies that any hearing conducted under the state whistle blower law should take precedence over any other matter pending before the board. Allows an employee to assert a defense that a disciplinary action was initiated in violation of the state whistle blower law in any grievance or appeal before the state personnel board rather than to assert the defense in only a disciplinary proceeding before the board. Specifies that the failure to raise any such defense precludes any subsequent cause of action for a violation of the state whistle blower law arising out of the same set of facts at issue in the grievance or appeal.
Changes the penalty for an appointing authority or a supervisor engaging in retaliatory conduct from causing an entry in the authority's or supervisor's personnel record to receiving a disciplinary action that remains a permanent part of the authority's or supervisor's personnel file. Requires the disciplinary action to be appropriate depending on the nature and severity of the retaliatory conduct involved, from a mandatory minimum of one week suspension up to and including termination.
APPROVED by
Governor June 3, 1997
EFFECTIVE July 1, 1997
S.B. 97-93 Economic development commission - extension of repeal - economic development advisory board - repeal. Relocates the authorization for local governments to participate in federal economic development programs from the article governing the economic development advisory board to the article governing the economic development commission. Repeals the economic development advisory board. Extends the automatic repeal date for the economic development commission from July 1, 1997, to July 1, 2001.
APPROVED by
Governor March 28, 1997
EFFECTIVE March 28,
1997
S.B. 97-107 Office of regulatory reform - termination - adjustments of 1997-98 appropriations. Terminates the office of regulatory reform and the advisory committee to such office in the office of the executive director of the department of regulatory agencies. Provides for certain small business assistance functions that had been carried out by the office of regulatory reform to be carried out by the office of business development in the governor's office. Specifies that the review of proposed continuing professional education requirements will be carried out by the office of the executive director of the department of regulatory agencies. Provides that the cumulative economic analyses of air pollution control measures will be carried out by the executive director of the department of public health and environment.
Adjusts appropriations made in the FY 1997-98 general appropriation act to reflect termination of the office of regulatory reform and the assumption of the remaining duties of such office by other agencies of state government.
APPROVED by
Governor April 24, 1997
EFFECTIVE July 1,
1997
S.B. 97-150 State treasurer - investment of state funds - reports - annual work plans. Eliminates the requirement that the director of the division of gaming furnish the state treasurer with a monthly report of the division's revenue and expenses.
Provides that the Colorado lottery commission will no longer be required to notify the state treasurer of the amount of money to be transferred from the lottery fund to the conservation trust fund.
Allows the state treasurer to deposit moneys in the controlled maintenance trust fund in banks and savings and loan associations and to invest moneys in the fund in specified investments.
Modifies the investments in which the state treasurer invests moneys in the state treasury that are not immediately required to be disbursed as follows:
Eliminates specific investment requirements in sections governing the public school fund, the Colorado compensation insurance authority fund, the subsequent injury fund, the Colorado major medical insurance fund, and the Colorado medical disaster insurance fund with the result that the moneys in such funds will be invested pursuant to the general investment requirements governing the state treasurer.
Eliminates the requirement that each department of the state prepare an annual work program for the ensuing fiscal year, including information on the requested quarterly allotments for each department. Repeals the provisions governing the setting aside of reserve funds by the departments.
APPROVED by
Governor April 19, 1997
EFFECTIVE August 6,
1997
NOTE: This act was
passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the
expiration of the ninety-day period after final adjournment of the general assembly that is
allowed for submitting a
referendum petition pursuant to article V, section 1 (3) of the state constitution; except that,
if a referendum petition is
filed against this act or an item, section, or part of this act within such period, then the act,
item, section, or part, if
approved by the people, shall take effect on the date of the official declaration of the vote
thereon by proclamation of
the governor.
S.B. 97-164 Professional services contracts - public notice. Increases the thresholds that trigger the public notice requirement for professional services contracts with state agencies by requiring such notice if the construction cost is estimated to exceed $500,000 instead of $100,000, or if the professional services fee is estimated to exceed $50,000 instead of $10,000.
Creates a separate threshold for department of transportation projects by requiring public notice if the basic transportation-related construction cost of the project is estimated to exceed $1 million or if the fee for professional engineering or surveying services is estimated to exceed $100,000.
Applies to contracts entered into on or after July 1, 1997.
APPROVED by
Governor May 21, 1997
EFFECTIVE May 21,
1997
S.B. 97-201 Elected state officials - compensation. Increases the annual salaries of members of the general assembly from $17,500 to $30,000 and changes the rate of pay to 12 equal monthly payments. Increases the annual salary of the governor from $70,000 to $90,000. Increases the annual salaries of the lieutenant governor, the secretary of state, and the state treasurer from $48,500 to $68,500. Increases the annual salary of the attorney general from $60,000 to $80,000. Specifies that such increased salaries take effect for terms of office commencing in January, 1999.
APPROVED by
Governor May 28, 1997
EFFECTIVE May 28,
1997
S.B. 97-222 Department of regulatory agencies - excise tax collected on license and registration fees - creation of legal defense account within division of registrations cash fund. Eliminates the excise tax currently collected by the department of regulatory agencies on license and registration fees relating to the divisions of insurance, securities, and real estate. Reduces the excise tax currently collected on license and registration fees relating to the division of registrations from $9 to $1 per year and provides for its collection only on renewal fees. Specifies that the taxes collected are credited to a legal defense account within the division of registrations cash fund rather than the state general fund. Creates the legal defense account to supplement revenues received from a board or commission in the division of registrations for the payment of legal expenses.
APPROVED by
Governor June 4, 1997
EFFECTIVE July 1, 1997
S.B. 97-228 Department of state - elimination of surcharges on fees collected by secretary of state - transfer of revenue from the department of state cash fund. On July 1, 1997, requires the transfer of $4 million from the department of state cash fund to the business training and promotion cash fund. Creates the business training and promotion cash fund in the state treasury. On July 1, 1997, requires the transfer of $1 million from the department of state cash fund to the state rail bank fund if Senate Bill 97-37 is enacted and becomes law. Eliminates the authority of the secretary of state to impose and collect surcharges on fees collected by the secretary of state.
Appropriates $4,000,000 from the business training and promotion cash fund for fiscal year 1997-98, $1,900,000 of which is appropriated to the department of higher education for allocation to the division of occupational educational for the Colorado customized training program, and $2,100,000 of which is appropriated to the department of local affairs for economic development for Colorado promotion and Colorado welcome centers.
APPROVED by
Governor June 3, 1997
EFFECTIVE July 1, 1997
S.B. 97-234 State capitol building - renovation fund. Provides that the department of personnel shall have the authority to accept any bequests, gifts, and grants of any kind to be used for the renovation of the state capitol building. Allows certain conditions to be placed upon the use of such bequests, gifts, and grants. Establishes the Colorado state capitol building renovation fund in the state treasury for monetary bequests, gifts, grants, and state moneys provided to renovate the state capitol building. Specifies that interest earned on the fund shall be credited to the fund and that moneys remaining in the fund at the end of a fiscal year shall not revert to the general fund.
APPROVED by
Governor May 27, 1997
EFFECTIVE May 27,
1997
S.B. 97-237 Public records - documents prepared for elected officials. Makes the following amendments regarding public access to documents prepared for elected officials:
APPROVED by
Governor May 27, 1997
EFFECTIVE August 6,
1997
NOTE: This act was
passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the
expiration of the ninety-day period after final adjournment of the general assembly that is
allowed for submitting a
referendum petition pursuant to article V, section 1 (3) of the state constitution; except that,
if a referendum petition is
filed against this act or an item, section, or part of this act within such period, then the act,
item, section, or part, if
approved by the people, shall take effect on the date of the official declaration of the vote
thereon by proclamation of
the governor.
H.B. 97-1055 Library services - payment of election costs - petition and election requirements. Allows boards of county commissioners of counties having territory within a library service area of a proposed library district to waive the bonding requirement for the costs of an election to establish such library district and, with the consent of the board of trustees of an existing library, to pay for such election costs.
Requires the board of county commissioners to fund at least fifty percent of the election costs of the proposed library district if such district includes only one county and if the petition submitted for district organization is signed by registered electors residing in the proposed library district in an amount equal to at least five percent of the total number of votes cast in any precinct in the proposed library district for all candidates for the office of secretary of state at the previous general election. Stipulates that, where the library service area of a proposed library district includes two or more counties, such election costs shall be prorated based upon population. Provides that no board of county commissioners shall be required to pay such election costs more than once every four years.
Sets forth election requirements for the establishment of public libraries and library districts. Repeals provisions containing election notice requirements and mandatory ballot language for questions concerning the establishment of public libraries and library districts.
APPROVED by
Governor April 24, 1997
EFFECTIVE April 24,
1997
H.B. 97-1059 Controller - payment of incidental expenses of state entities. Allows the controller to select a designee to approve requests from state departments, institutions, and agencies to pay incidental expenses. Increases the cap on the amount that may be authorized by fiscal rule of the controller to be used to pay incidental expenses from $1,000 to $2,500.
APPROVED by
Governor March 21, 1997
EFFECTIVE March 21,
1997
H.B. 97-1069 State workers' compensation self-insurance program - no security requirement. Provides that no security requirements shall be prescribed or applied by the executive director of the department of labor and employment in granting or continuing permission for a state workers' compensation self-insurance program that provides coverage for state employees.
APPROVED by
Governor March 21, 1997
EFFECTIVE July 1,
1997
H.B. 97-1082 Public employees' retirement association - divisions - composition - benefit calculation - short-term disability. Combines the public employees' retirement association (PERA) state division and the PERA school division into a state and school division.
Changes the definition of "highest average salary" for members of the judicial division retiring on or after July 1, 1997, and provides that their benefits be calculated based on the highest annual salary upon which contributions were paid for 12 consecutive months, rather than for 3 periods of 12 consecutive months.
Specifies that employers designated as school employers by rule of the PERA board of trustees and municipal division employers must forward a monthly contribution report and the full amount of employer and member contributions to the association by the date established by PERA board rule rather than by the tenth day of each month.
Decreases the employer contribution rate for members of the state and school division.
Allows interest to be assessed pursuant to PERA board rules, rather than automatically, on late contributions submitted to the association.
Changes the benefit formula for PERA members and benefit recipients to 2½% of highest average salary per year for all years of service from the current formula of 2½% per year for each of the first 20 years and 1½% per year for years in excess of 20 years. Provides that retired justices, judges, and other members of PERA will have their benefits recalculated prospectively for benefit payments payable on or after July 1, 1997, to reflect the change in the benefit formula. Limits the amount of the option 1 benefit to 100% of the highest average salary and the amount permitted by federal law.
Provides for short-term disability payments and disability retirement benefits for members of PERA who apply for disability payments on or after January 1, 1999, upon a finding of a disability. Changes the definition of "disability" for purposes of eligibility for disability retirement benefits from incapacitation from performance of regularly assigned employment duties to incapacitation from regular and substantial gainful employment. Provides short-term disability payments for eligible members who are found to be mentally or physically incapacitated from performance of the essential functions of their jobs but who are not totally and permanently incapacitated from gainful employment.
Provides that any member's application for disability retirement benefits or short-term disability payments must be received by the association within 90 days after the date of termination of employment. Provides that PERA will contract with a disability program administrator to determine disability of members, to provide short-term disability insurance coverage, and to administer the short-term disability program pursuant to a contract conforming to PERA board rules. Specifies that various standards and requirements be provided in these rules. Provides that members approved for short-term disability payments shall be provided with reasonable income replacement, rehabilitation or retraining services, or a combination thereof under a program provided by the disability program administrator for a period specified in PERA board rules.
Specifies that the cost of the short-term disability program shall be funded by PERA. Provides that if any disability is the direct result of any intentionally self-inflicted injury, the member shall not be eligible for short-term disability payments or disability retirement benefits. Provides that the reduction in disability retirement benefits for disability retirees with earned income above a certain level shall apply only to retirees whose disability retirement date is on or after July 1, 1988, and whose application for disability retirement was received by PERA prior to January 1, 1999. Provides that members who are receiving short-term disability payments are eligible to enroll in the PERA health care program.
Specifies that contributions to the voluntary investment program must be received by PERA by the date specified in PERA board rules rather than the 10th calendar day of each month.
Provides that the expense, subsistence, and travel allowance received by members of the general assembly shall be considered salary for PERA purposes. Allows members serving on July 1, 1997, to have any such allowance paid between January of 1992 and May of 1994 considered salary.
APPROVED by
Governor May 6, 1997
PORTIONS EFFECTIVE July 1,
1997, January 1, 1999
H.B. 97-1090 Handguns - instant criminal background check - exclusions. Exempts transfers in which a person's handgun is returned to that person from the requirements of the "Instant Criminal Background Check System Act". Examples of such transitions include returns based on a consignment agreement, repair agreement, or other agreement in which the handgun is held as collateral. Exempts a law enforcement officer or agent from the background check requirement only if the law enforcement officer or agent may lawfully possess a handgun. Exempts a person in lawful possession of a concealed weapons permit from the background check requirement.
BECAME LAW
March 23, 1997
EFFECTIVE March 23, 1997
H.B. 97-1114 Public employees' retirement association - miscellaneous changes. Makes the following changes to the provisions of law governing the public employees' retirement association (PERA):
APPROVED by
Governor March 24, 1997
EFFECTIVE July 1,
1997
H.B. 97-1119 Measurable annual objectives of state departments - inclusion in budget requests and annual report. For budget years beginning on or after July 1, 1998, requires the budget requests of each state department, institution, or agency of the executive branch to include one or more measurable annual operational objectives in the areas of efficiency and effectiveness. Requires state departments to include in their annual reports to the governor the results of any actions in furtherance of such measurable annual operational objectives in the areas of efficiency and effectiveness.
APPROVED by
Governor April 16, 1997
EFFECTIVE April 16,
1997
H.B. 97-1207 Disbursements by controller - withholding of certain delinquent debts owed by vendors. Beginning July 1, 1997, allows the controller to withhold from approved disbursements certain delinquent debts owed by vendors for payment to state agency claimants. Provides that notice shall be given to a vendor before such amounts are withheld. Requires that moneys withheld for payment to state agency claimants be deposited with the state treasurer and credited to the appropriate agency or fund. Specifies the order in which withholding amounts shall be applied to unpaid debts, with debts for unpaid child support being the first priority.
Creates the vendor offset implementation fund to fund the costs of withholding certain debts owed to state agencies. Authorizes the controller to borrow up to $400,000 from the general fund to implement the vendor offset program. Requires the controller to reimburse the general fund for such borrowed funds with moneys credited to the vendor offset implementation fund.
Requires contracts entered into on or after July 1, 1997, that involve the payment of money by the state to contain a clause notifying the other party to the contract of the controller's authority to withhold debts owed to state agencies under the vendor offset intercept system.
Appropriates $400,000 from the vendor offset implementation fund for the implementation of this act.
APPROVED by Governor May
21, 1997
EFFECTIVE July 1, 1997
H.B. 97-1269 State air and space museum - The Wings Over the Rockies Air and Space museum. Designates the Wings Over the Rockies Air and Space Museum as the official state air and space museum.
APPROVED by
Governor March 24, 1997
EFFECTIVE August 6,
1997
NOTE: This act was
passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the
expiration of the ninety-day period after final adjournment of the general assembly that is
allowed for submitting a
referendum petition pursuant to article V, section 1 (3) of the state constitution; except that,
if a referendum petition is
filed against this act or an item, section, or part of this act within such period, then the act,
item, section, or part, if
approved by the people, shall take effect on the date of the official declaration of the vote
thereon by proclamation of
the governor.
H.B. 97-1312 Vested property rights - site specific development plans - protection of property development rights. Amends the definition of "site specific development plan" by:
Establishes the types of rights that are vested upon approval by a local government at a public meeting or hearing of a site specific development plan. States that a local government is not prohibited from considering a request by a landowner for a vested property right to the extent of certain information shown in a site specific development plan that has not been designated by a local government. Specifies that the establishment of a vested property right is subject to compliance with all existing ordinances and regulations, all subsequently required permits and land use approvals, if any, and the zoning in effect on the date that an application is accepted resulting in such right. Requires any amendment to the terms and conditions of a site specific development plan to be mutually agreed to by the landowner and the local government. Eliminates a local government's ability to approve a site specific development plan as may be reasonably necessary to protect the public health, safety, and welfare. Requires a local government to bear the cost and expense of publishing the notice concerning the approval of a site specific development plan. Prohibits a local government from requiring a landowner to waive a vested property right or existing zoning classification as a condition of a permit or other approval. Allows a local government to charge a reasonable fee to a landowner for the approval of a vested property right in a site specific development.
Specifies when a vested property right terminates and the circumstances under which the right is extended. Specifies that the pendency of an initiative or referendum or certain legal proceedings tolls the vesting period. Precludes certain other subsequent regulations adversely impacting the development or use of property for which a vested property right is established. Expands the types of costs and expenses that a landowner may receive as just compensation for subsequent regulation of a vested property right. Expands the types of ordinances or regulations that apply notwithstanding a vested property right.
Specifies that a prevailing party in a lawsuit or arbitration proceeding arising out of the provisions of this act is entitled to reasonable costs and expenses, including attorney fees.
VETOED by Governor April 25, 1997
H.B. 97-1328 State lottery division - instant scratch lotteries based upon bingo. Eliminates the prohibition against the state lottery division conducting instant scratch lotteries based upon the game of chance known as bingo.
VETOED by Governor June 4, 1997
H.B. 97-1351 Lottery - regulation by lottery division - authorization of video lottery terminals - continuation under sunset law - appropriation. Allows licensed casinos, class B horse racetracks, and greyhound racetracks to apply to the existing lottery commission for authority to act as lottery sales agents and have on their premises video lottery terminals (VLTs) through which patrons can participate in the state lottery. Limits the hours during which VLTs may be operated. Grants to the lottery commission and the lottery division in the department of revenue the authority to issue and revoke licenses, approve games, control the number and type of VLTs that may be used, and monitor play through a central computer system. Requires at least 500 VLTs per location to be approved for installation at licensed horse and greyhound racetracks.
Requires VLTs to be owned and maintained by, and operated at the expense of, either the commission or a technology provider, but assigns to the sales agent the costs of utilities, security, marketing, removal of and accounting for proceeds, validating tickets or vouchers, and maintaining and upgrading the premises on which the VLTs are located.
Allows sales agents to retain 45% of net machine income. In the case of sales agents that are pari-mutuel licensees (i.e. racetracks), requires 10% to be used to fund purses for live races, leaving the sales agent with a net return of 35%. Distributes the remaining revenue, net of prizes and expenses, pursuant to the "GOCO" provisions of article XXVII of the state constitution. Assigns a portion of any excess revenue, up to a maximum of $12 million, adjusted annually for inflation, to the Colorado promotion fund.
Sunsets the supervisory functions of the lottery division over VLTs on July 1, 2004. Extends the termination date of the division itself until July 1, 2008.
Appropriates $27,100,000 to the department of revenue, for allocation to the lottery division, for implementation of the act.
VETOED by Governor June 4, 1997
H.B. 97-1359 Capital construction fund - revenue transferred from general fund. Increases from $50 million to $100 million the amount of revenue transferred on July 1, 1997, to the capital construction fund from the general fund.
APPROVED by
Governor May 21, 1997
EFFECTIVE May 21,
1997
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