S.B. 98-2 Capital development fund - annual general fund transfer. In addition to the transfers from the general fund to the capital construction fund currently required annually on July 1, 1999, through July 1, 2001, requires an additional annual transfer of $100 million on such dates from the general fund to the capital construction fund. Specifies the amount to be transferred on July 1 of each year during that period.
APPROVED by Governor April 20, 1998
EFFECTIVE April 20, 1998
S.B. 98-3 State lottery division - extension of termination date. Extends the termination date of the state lottery division of the department of revenue from July 1, 1999, to July 1, 2009.
APPROVED by Governor April 17, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-20 Peace officer standards and training board - continued certification - provisional certification - variances - parks and recreation officers - appropriation. Defines a peace officer for purposes of the peace officer standards and training (P.O.S.T.) board statute as a level I, level Ia, or level II peace officer who has not been convicted of a felony. Allows persons serving as level Ia or level II peace officers to maintain their P.O.S.T. board certification on the same basis as level I peace officers.
Limits the P.O.S.T. board's power to grant variances to only granting variances concerning the issuance, renewal, and revocation of certificates.
Waives certain training and examination requirements for parks and recreation officers who completed specified training or examinations and have been employed as parks and recreation officers since completing the training or examination. Repeals the P.O.S.T. board's duty to enforce the certification requirement for district wildlife managers.
Authorizes the P.O.S.T. board to grant a provisional certificate to a person who is authorized to act as a peace officer in another state if the person successfully completed the P.O.S.T. board's certification examination and possesses current first aid and cardiopulmonary resuscitation certificates.
Authorizes the P.O.S.T. board to grant a basic certificate to a person who holds a valid provisional certificate and who satisfies the skills requirements through examination, training, or other demonstration of proficiency. Limits the term of a provisional certificate to 6 months. Allows for a one-time renewal of a provisional certificate for an additional 6 months.
Makes an appropriation from the P.O.S.T. board cash fund to the department of law, P.O.S.T. board, of $10,000 for the implementation of the act.
APPROVED by Governor May 22, 1998
EFFECTIVE May 22, 1998
S.B. 98-26 Work force coordinating council. Changes the size and composition of the existing work force training coordinating council by adding the executive director of the Colorado commission on higher education and additional members representing business, labor, and community-based organizations. Deletes obsolete provisions in the statutes governing the duties and functions of the council.
APPROVED by Governor May 15, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-31 Youth crime prevention and intervention program - grants - requirements. Replaces the requirement that the youth crime prevention and intervention program board require grant recipients to implement methods for tracking persons served by the program for 2 years with a requirement that the board develop result-oriented criteria for measuring the effectiveness of programs that receive grants as deemed appropriate to the nature of each program.
Eliminates the requirement that the board accept grant applications at least twice in each 12-month period. Eliminates the restriction that the board may only submit a list of entities selected to receive grants to the governor once every 6 months.
APPROVED by Governor April 17, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-40 Deferred compensation plan - state deferred compensation committee membership - plan assets to be held in trust - plan provisions. Abolishes the existing state deferred compensation committee and establishes a new state deferred compensation committee. Allows former members of the general assembly who are participants in the plan to serve on the committee.
Specifies that assets and income of the state deferred compensation plan shall not be general assets of the state and that such assets and income shall be held in trust for the exclusive benefit of plan participants and their beneficiaries in accordance with the federal internal revenue code. Specifies that the committee shall be the trustee of any such trust.
Provides that the committee may assess each state participant a fee for administering the state deferred compensation plan.
Specifies that the amount of an employee's salary that can be deferred shall not exceed
any limits imposed under the plan.
Creates a deferred compensation administration fund for the costs of administering the state deferred compensation plan. Allows excess moneys in the fund to be used to reduce administrative fees in subsequent years rather than just the year following the year such excess accrues. Creates a deferred compensation plan asset fund for compensation that has been deferred by plan participants.
APPROVED by Governor April 17, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-51 State employees insurance coverage - mandated benefits. Requires that any specifications drawn by the state personnel director for state employee benefit plans include all of the mandated coverages required by the mandated health insurance coverage statutory provisions.
Requires the state personnel director to submit to legislative committees of reference financial impact statements for proposed mandated coverage as it relates to the state employee's benefit premium.
APPROVED by Governor April 10, 1998
EFFECTIVE April 10, 1998
S.B. 98-52 Incentives for budget savings. Authorizes any agency to implement beginning in the 1998-99 fiscal year measures that reduce the costs of providing the agency's services and products below the agency's appropriations for a given fiscal year. Authorizes an agency that achieves such cost savings to transfer 20% of the cost savings amount from one appropriation item to another appropriation item made to the same agency for the same fiscal year. Requires the agency to enter a memorandum of understanding with the joint budget committee prior to expending any moneys so transferred that states that the agency may spend such transferred moneys only for reinvestment in technology or other capital projects related to the item of appropriation to which the funds were transferred.
Authorizes the general assembly to reduce an agency's appropriations for the next fiscal year by the amount of the agency's cost savings in the previous fiscal year if the general assembly determines that the agency is no longer maintaining the cost-cutting measures or that the cost savings can be sustained for more than one fiscal year. Prohibits the general assembly from using an agency's one-time cost savings as justification for reducing any appropriation item of or total appropriation amount to the agency for the next fiscal year.
APPROVED by Governor June 1, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-111 Appointment of former general assembly members to certain governmental entities. Authorizes the appointment of former members of the general assembly to the following governmental entities to which current members of the general assembly are appointed but are not available to serve:
Repeals the authority to appoint former members of the general assembly to such entities, effective July 1, 2002. Requires the review of such authorization for appointment prior to said repeal.
VETOED by Governor June 2, 1998
S.B. 98-119 State employees - health insurance - noncompensated elected state officials. Extends state employee health insurance to elected state officials who do not receive compensation other than expense reimbursement from state funds. Specifies that the state will not make the contribution toward the cost of such insurance as it makes for other employees. Requires that the department of personnel develop a procedure to determine the amount of payments and to deduct the payments for such insurance from reimbursements to such officials. Specifies that these collections must be made from the individual state officials.
APPROVED by Governor April 17, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-141 Colorado economic development fund - distribution of moneys - guidelines. Requires the Colorado economic development commission to consider the following specific guidelines before making a grant or loan from the Colorado economic development fund:
APPROVED by Governor April 17, 1998
EFFECTIVE July 1, 1998
S.B. 98-172 State treasurer - elimination of management fee on state investments. Eliminates the monthly management fee imposed on certain funds and accounts consisting of state moneys invested by the state treasurer.
APPROVED by Governor April 20, 1998
EFFECTIVE September 1, 1998
NOTE: This act shall take effect on September 1, 1998, unless a referendum petition is filed during 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. If such 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 February 1, 1999.
S.B. 98-194 State cash funds - limitation on reserves - transfers from cash funds - appropriations. For the 1997-98 fiscal year, if the uncommitted reserves of a state cash fund exceed 16.5% of the amount expended from the cash fund during that fiscal year, requires any entity that collects one or more of the fees credited to the cash fund to reduce the amount of fees collected. If the uncommitted reserves exceed 16.5% of the amount expended, but are less than 50% of the amount expended, requires the fee reduction to result in uncommitted reserves of 16.5% or less by the end of the 2000-01 fiscal year. If the uncommitted reserves exceed 50% of the amount expended, requires the fee reduction to result in uncommitted reserves of 16.5% or less by the end of the 2002-03 fiscal year. Specifies that, for any fund for which an alternative reserve amount is specified in the state constitution or in law, the entity must reduce the amount of fees credited to the fund as necessary to reduce the uncommitted reserves to the amount specified by the end of the 2000-01 fiscal year.
Beginning with the 2002-03 fiscal year, prohibits the uncommitted reserves for any cash fund at the conclusion of any fiscal year from exceeding 16.5% of the amount expended from the cash fund during the fiscal year or from exceeding any alternative reserve amount otherwise specified in the state constitution or by law. Requires any entity that collects one or more of the fees credited to the cash fund to reduce the amount of fees collected so that the uncommitted reserves at the end of the next fiscal year do not exceed the specified limit.
Specifies that if more than one entity collects the fees credited to a cash fund, any reduction in fees shall be proportional to the amount of fee revenue contributed by each entity to the excess uncommitted reserves. Allows the entity, in calculating the amount of the fee reduction, to take into account any increased expenditures from the cash fund.
After the amount of uncommitted reserves is sufficiently reduced, allows the entity to increase the amount of the fee so long as the uncommitted reserves do not exceed the specified limit. Requires the office of state planning and budgeting to approve any fee increase proposed by an executive branch entity. Prohibits the entity from increasing the fee beyond any amount specified in statute. Specifies that any rule adopted by an executive branch agency that reduces or increases the amount of a fee is subject to the requirements of the "State Administrative Procedure Act".
Excludes certain cash funds from the uncommitted reserve limitation. Excludes any cash fund used to fund a single program if the program has been in existence less than 2 full fiscal years.
Instructs the office of state planning and budgeting to annually review the total amount of revenues received from cash funds. Instructs the state controller to annually prepare a report of the amount of uncommitted reserves held in cash funds.
For fiscal years beginning on or after July 1, 2002, allows the general assembly by bill to grant a waiver for any cash fund of the limitation on uncommitted reserves. Instructs any entity requesting a waiver to present the request to the joint budget committee during the annual budget-setting process. In determining whether to recommend a waiver, instructs the joint budget committee to consider the purpose for which the waiver is requested, the reasonableness of the time period for the waiver, and the effect the waiver may have on the state's ability to comply with the constitutional limitation on state fiscal year spending. Directs the joint budget committee to recommend legislation to authorize any waivers it deems appropriate and specifies the minimum requirements for the legislation.
Makes amendments in statutory sections that state specific fee amounts to allow the entity collecting the fee to reduce the amount of the fee if necessary to meet the uncommitted reserve limitation and, once such uncommitted reserves are sufficiently reduced, to subsequently increase the fee.
Transfers $1,000,000 from the department of state cash fund to the state public school fund and increases the appropriation made in the annual general appropriation act to the department of education, public school finance, total program, by said amount.
For fiscal year 1997-98, appropriates $600,000 from the department of state cash fund to the department of state for reimbursement of county clerk and recorders for 1997 election costs.
Transfers to the family issues cash fund up to $5,200,000 of the amount that would otherwise revert to the general fund at the conclusion of the 1997-98 fiscal year.
Creates the reading services for the blind cash fund and authorizes the state librarian to use moneys in said fund to support privately operated reading services that provide blind persons access to print materials. Transfers $93,800 from the Colorado disabled telephone users fund to the reading services for the blind cash fund and appropriates said amount to the department of education.
Transfers $1,000,000 from the division of registrations cash fund to the Colorado economic development fund.
Transfers $1,700,000 from the department of state cash fund to the children's basic health plan trust fund. Adjusts the appropriations made in the annual general appropriation act by increasing the appropriation to and the amount of federal funds expected to be received by the department of health care policy and financing, other medical services, for House Bill 97-1304 Children's Basic Health Plan by $5,056,514.
Repeals the transfer made in House Bill 98-1058 of $500,000 from the department of state cash fund to the environmental leadership pollution prevention revolving fund. Instead, transfers said amount from the AIR account created within the highway users tax fund to the environmental leadership pollution prevention revolving fund.
Repeals the transfer made in Senate Bill 98-152 of $267,756 from the department of state cash fund to the retail electricity policy development fund. Instead, transfers said amount from the division of registrations cash fund to the retail electricity policy development fund.
Transfers $1,000,000 from the department of state cash fund to the Colorado tourism promotion fund and appropriates said amount to the Colorado tourism board.
APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998
H.B. 98-1006 Species conservation trust fund - creation - conservation of threatened or endangered native species. Declares that the conservation of threatened or endangered species is a matter of statewide concern.
Creates the species conservation trust fund (the fund) for the purpose of funding programs for the conservation of threatened or endangered species. Establishes an operation and maintenance account and a capital account within the species conservation trust fund.
Requires the executive director of the department of natural resources, after consultation with Colorado water conservation board and its director, the wildlife commission, and the director of the division of wildlife, to prepare an eligibility list describing programs and associated costs that are eligible to receive moneys from the fund for approval by the general assembly by joint resolution and to provide a detailed report to the general assembly on the progress and status of their effectiveness in the recovery of species and identify future projects.
Mandates that moneys from the fund be distributed by the executive director of the department of natural resources among the projects included in the species conservation eligibility list for purposes of federal and state cooperative agreements and recovery programs concerning endangered or threatened species in Colorado. Prohibits any moneys in the fund to be used in the acquisition of property through eminent domain.
Establishes eligibility requirements for agreements entered into by the state relating to the conservation of native species that have been listed as threatened or endangered in order to receive moneys from the fund. Requires the Colorado water conservation board and the wildlife commission to apply for available grants consistent with the purposes of the fund.
Authorizes the water and power development authority to contribute $2,400,000 to the fund. Requires the state treasurer to transfer $500,000 from the Colorado water conservation board construction fund, $1,000,000 from the reserved rights litigation fund, $1,000,000 from the fish and wildlife resources account in the Colorado water conservation board construction fund, and $5,100,000 from the capital construction fund to the species conservation trust fund.
APPROVED by Governor May 27, 1998
EFFECTIVE May 27, 1998
H.B. 98-1009 Fire suppression program - qualified immunity - continuation under sunset law. Continues the fire suppression program for the inspection of fire suppression systems until July 1, 2005, pursuant to the provisions of the sunset law.
Authorizes the director of the division of fire safety in the department of public safety to adopt such rules as are necessary to administer the maintenance of fire suppressions systems. Allows qualified immunity for any person who files a complaint or provides testimony with respect to a disciplinary matter if such person made a reasonable effort to obtain the facts of such matter and the facts warranted the action taken.
APPROVED by Governor May 15, 1998
EFFECTIVE July 1, 1998
H.B. 98-1037 State officers and employees - mileage allowances. Increases mileage allowances for state officers and employees for miles traveled on official state business from $0.20 per mile to $0.28 per mile and from $0.24 per mile to $0.32 per mile for four-wheel drive vehicles when authorized to be utilized and necessary for official state business. Creates a mileage allowance of $0.40 per nautical mile for privately owned aircraft when authorized and necessary for official state business.
APPROVED by Governor May 26, 1998
EFFECTIVE July 1, 1999
NOTE: This act shall not take effect unless moneys are appropriated for the increased mileage fees and the mileage fees for privately owned aircraft, as specified in the annual general appropriations act or in any other act making an appropriation for the fiscal year beginning July 1, 1999.
H.B. 98-1050 Employment contracts - authorization for multiple-year contracts for higher education - limitations. Authorizes each system of higher education and each institution of higher education to employ up to 6 persons under employment contracts of up to 5 years if found necessary by the governing board. Requires that each contract contain a clause specifying that the institution may terminate the contract without penalty if sufficient funds are not appropriated. Specifies that such contracts must still comply with the prohibition against postemployment compensation.
APPROVED by Governor April 17, 1998
EFFECTIVE April 17, 1998
H.B. 98-1068 Public safety communications trust fund. Creates the public safety communications trust fund for the acquisition and maintenance of public safety radio communication systems for use by state departments, including but not limited to, the departments of public safety, transportation, natural resources, and corrections. Caps the principal of the trust fund at $50 million, plus any contributions made to the department of personnel for the fund.
Places the responsibility for administration of the trust fund with the executive director of the department of personnel and sets forth criteria for the executive director to consider when carrying out this function. Requires the executive director to:
Allows the state auditor to investigate the activities of the trust fund and prescribe accounting and reporting methods with regard to disbursements and purchases made therefrom. Requires the legislative audit committee to review expenditures from the fund every 2 years, beginning July 1, 1999. Adds local and federal departments, institutions, and agencies to the list of entities that the director shall consult in formulating recommendations for communications plans. Directs the capital development committee to review annual capital requests from the director of the department of personnel regarding the trust fund.
Transfers an additional $3.3 million from the general fund to the capital construction fund as of July 1, 1998, and appropriates said sum from the capital construction fund to the public safety communications trust fund.
APPROVED by Governor May 27, 1998
EFFECTIVE May 27, 1998
H.B. 98-1130 Victims' compensation - compensable losses - emergency awards - allocation of moneys - restitution. Allows a resident of this state who is a victim of an act of international terrorism committed outside the United States to receive compensation regardless of whether the country in which the act is committed has a crime victim compensation program. Broadens the list of compensable losses resulting from property damage to include modification to the victim's residence to ensure the victim's safety. Deletes the limits applicable solely to property damage. Increases the limit on all compensable losses from $10,000 to $20,000 in both normal and catastrophic circumstances. Specifies that awards under the emergency compensation section are intended to assist crime victims in meeting their immediate short-term needs. Increases the limit on emergency compensation from $500 to $1,000.
Increases from 8% to 12% the total percentage of the crime victim compensation fund that may be used for administrative costs. Increases the district attorneys' share of said percentage from 6% to 10% of the crime victim compensation fund. Provides that funds in the crime victim compensation fund for each judicial district that are not distributed during the fiscal year will be redistributed on a proportional basis.
Allows the court to order a defendant to pay restitution in an amount less than the full pecuniary loss suffered by the victim if the defendant, the prosecuting attorney, and the victim agree on such lesser amount.
APPROVED by Governor April 30, 1998
EFFECTIVE April 30, 1998
H.B. 98-1143 Public employees' retirement association - health care program - eligibility requirements for dependents. Provides that dependents, as defined in the "Colorado Health Care Coverage Act", unmarried children who are not natural or adopted children of the recipient but who reside full time with the recipient and who are dependents of the recipient for federal income tax purposes, and qualified children, as defined by rules adopted by the board of the public employees' retirement association (PERA), shall be eligible to participate in PERA's health care program.
APPROVED by Governor March 27, 1998
EFFECTIVE March 27, 1998
H.B. 98-1150 School libraries - taxing authority of school districts. Clarifies that school districts that began levying a tax to support school district supported public libraries with or without voter approval before July 1, 1979, may continue to levy such tax until voters approve a change in the levy.
APPROVED by Governor April 6, 1998
EFFECTIVE April 6, 1998
H.B. 98-1191 Defined contribution plans for specified eligible state officials and employees - public employees' retirement association - eligibility for full service retirement - benefit formula for reduced service retirement - appropriations. Creates the state defined contribution retirement committee and authorizes the committee to establish and administer one or more defined contribution plans for specified state officials and employees. Requires the committee to establish at least one deferred compensation plan on or before January 1, 1999. Provides that the department of personnel shall provide necessary administrative support to the committee in connection with the establishment and operation of any plan established by the committee.
Imposes requirements on the designation of companies from which contracts for plans are purchased, the number of providers of investment products that must be selected for each plan, the servicing of accounts, and the portability of investments. Specifies that the employer and employee contribution rates for any defined contribution plan shall be the same as the contribution rates that would be payable to the Public Employee's Retirement Association (PERA).
Requires employees who are not members of PERA when they are initially employed in an eligible position with an employer having a defined contribution plan to make a one-time irrevocable election to participate in the plan or join PERA within 60 days of commencing employment. Allows employees who are members of PERA at the time they are initially employed in an eligible position or at the time a defined contribution plan is established to make a one-time irrevocable election during the months of January and February of each year to participate in a defined contribution plan. Allows such employees who elect to participate in a defined contribution plan to maintain any existing rights to contributions and benefits in PERA or to terminate their membership in PERA and have their member contributions, interest, and employer contributions transferred to the defined contribution plan.
Reduces the age and service requirements to qualify for full service retirement benefits from PERA on or after July 1, 1998, to 50 years of age and 30 years of service. For reduced service retirement benefits that first become effective on or after July 1, 1998, modifies the formula for calculating the benefit for reduced service retirement.
Appropriates $20,140 of moneys received from providers of investment products for defined contribution plans to the department of personnel for the implementation of this act. Appropriates $8,640 and 0.1 FTE to the department of law for the provision of legal services to the department of personnel.
APPROVED by Governor May 27, 1998
EFFECTIVE July 1, 1998
H.B. 98-1202 Capital construction fund - highway projects - sales and use tax revenues - extension of transfer to highway users tax fund of proceeds attributable to vehicles and related items - appropriation. Increases by $150 million the amount of moneys to be transferred to the capital construction fund from the general fund on July 1, 1998. Specifies that $100 million of this additional amount be appropriated only for state highway reconstruction, repair, maintenance, and capacity expansion projects.
Extends the time during which state sales and use tax revenues attributable to sales or use of vehicles and related items are credited to the highway users tax fund from July 1, 2002, until July 1, 2008.
Appropriates $100 million from the capital construction fund to the department of transportation for state highway reconstruction, repair, maintenance, and capacity expansion projects included on the prioritized list of projects submitted by the transportation commission to the capital development committee.
APPROVED by Governor May 26, 1998
EFFECTIVE May 26, 1998
H.B. 98-1242 Public employees' retirement association - reduction in state and school employers' contribution rate. Effective July 1, 1998, reduces the contribution rate for employers in the state and school division of the public employees' retirement association from 11.5% to 11.4%.
APPROVED by Governor May 18, 1998
EFFECTIVE July 1, 1998
H.B. 98-1256 Retention of excess state revenues for state infrastructure needs. Creates the state excess revenue trust fund in the state treasury. Requires the state treasurer to transfer to the fund an amount equal to the lesser of $200,000,000 or the amount of state revenues in excess of the state constitutional limitation on fiscal year spending for the 1997-98 state fiscal year no later than February 1, 1999. Requires the state treasurer to transfer to the fund an amount equal to the lesser of $200,000,000 or the amount of state revenues in excess of the state constitutional limitation on fiscal year spending for any state fiscal year commencing on or after July 1, 1998, but prior to July 1, 2002, by November 1 of the calendar year in which such state fiscal year ends. Specifies that such transfers are not appropriations subject to the statutory limitation on state general fund appropriations. Specifies that such transfers shall constitute a voter-approved revenue change and shall not be included in either state or local government fiscal year spending.
For fiscal years commencing on or after July 1, 1999, but prior to July 1, 2004, requires the general assembly to annually transfer revenues from the state excess revenue trust fund to the school construction and renovation fund, the higher education account of the capital construction fund, and the highway users tax fund. Of the total amount of revenues to be transferred over the 5-year period, requires 50% to be allocated to the highway users tax fund, 30% to be allocated to the school construction and renovation fund, and 20% to be allocated to the higher education capital construction account of the capital construction fund.
Creates the higher education capital construction account within the capital construction fund. States that revenues in the account shall be appropriated only for capital construction projects of state-supported institutions of higher education. Of the portion of excess revenues transferred to the highway users tax fund, requires 60% to be allocated to the state highway fund, 22% to be allocated to counties, and 18% to be allocated to cities and incorporated towns. Specifies the purposes for which the excess revenues allocated from the highway users tax fund may be expended.
For fiscal years commencing on and after July 1, 1998, requires the state controller, based upon the financial statement prepared to ensure compliance with section 20 of article X of the state constitution, to certify the amount of state revenues in excess of the constitutional limitation on state fiscal year spending for a given fiscal year by September 1 of the calendar year following such fiscal year. Requires the state auditor to conduct an audit of the certified amount of excess revenues by September 15 of the same calendar year.
Refers the
act to the voters statewide at the 1998 general election pursuant to
section 20 of article X of the state
constitution (TABOR).
EFFECTIVE upon the Governor's proclamation or thirty days after a canvas of the votes is completed, whichever
occurs earlier.
H.B. 98-1274 Department of personnel - authority of executive director to allocate departmental powers, duties, and functions. Authorizes the executive director of the department of personnel to allocate all powers, duties, and functions necessary for the proper discharge of the department's duties to divisions, sections, or other units established by the executive director by eliminating the requirement that the executive director only allocate powers, duties, and functions that were previously assigned to statutorily created divisions or sections.
APPROVED by Governor April 10, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-1312 State employees - compensation - job evaluation. Restructures the statutory provisions on state employee job evaluation and compensation. Modifies the requirements for a job evaluation system by requiring the state personnel director to notify all affected employees and employee organizations of any proposed or recommended changes to classes of positions, occupational groups, or the pay grades for such classes or groups that result from the director's evaluation and analyses of jobs. Requires the director to meet and confer in good faith with any employee or employee organization regarding the proposed or recommended changes prior to finalizing and implementing any such change if an employee or employee organization requests such a meeting.
Requires the state personnel director to develop a performance management, evaluation, and reward system for all classes in each occupational group, except the medical occupational group, the senior executive service, and any group for which the state personnel director determines that job rate is inapplicable. Requires that once an employee reaches the job rate, as established by the annual total compensation survey, the employee shall be eligible only for nonbase-building performance awards rather than base salary adjustments. Requires each state agency to establish an effective date for its performance awards so long as the agency's appropriation requests related to such performance awards do not increase as a result of establishing such effective date.
Requires the state personnel director to implement a performance-based pay plan over a 3-year period beginning July 1, 1998, and requires that all employees in the state personnel system be covered under such plan by July 1, 2000. Requires the director to monitor implementation of the plan and report his or her findings by January 1 of each year to the joint budget committee of the general assembly. Continues anniversary-based merit increases until an employee becomes eligible for the first performance award payment. Adds the requirement that the director sustain an employee's base salary in the event the employee's position is placed in a lower pay range due to the annual total compensation survey, beginning with the 1999 annual total compensation survey.
Authorizes the appointing authority, rather than the governor or the governor's designee, to appoint a person at a higher base salary within the pay grade upon a showing of recruiting difficulty or other unusual condition, so long as such salary does not exceed the job rate for the class.
Defines the purpose of the annual total compensation survey to reflect all adjustments necessary to maintain the total compensation structure for the upcoming fiscal year. Requires that performance audits of the procedures and application of data used in the annual total compensation survey be conducted every 2 years, beginning January 1, 2001, rather than annually. Requires that a report on an audit be submitted to the governor and the general assembly by June 30, 1999, and every other year thereafter.
Makes an employee in the senior executive service ineligible to return to classified
service, rather than allowing the senior executive service employee to return to classified service within 3 years of moving to the senior executive service. Changes the appeal process for an employee directly affected by the allocation of the employee's position to a class by allowing an appeal only if the employee's position is allocated to a lower pay grade. Requires the state personnel director to establish a process for timely resolving appeals and eliminates the requirements for establishing a review panel.
Modifies the requirements for calculating worktime for purposes of determining overtime by including holidays and authorized paid leave rather than holidays and any authorized leave. Limits such overtime calculation to employees performing essential law enforcement, highway maintenance, and other support services directly necessary for the health, safety, and welfare of patients, residents, and inmates of state institutions or state facilities. Authorizes the state personnel director to establish an internal review process of alleged violations of federal labor laws. Requires the director to issue a written decision within 90 days of a complaint of such violation and allows any aggrieved party to seek judicial review as specified by the applicable federal law.
Adds performance awards to the list of employment activities that the governor may suspend in the event of a fiscal emergency. Clarifies that an unmarried child of any age who has a physical or mental disability is a dependent for purposes of the state employees group benefits act.
APPROVED by Governor May 18, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-1321 Community-based youth crime prevention and intervention - youth mentoring program. Creates the Colorado youth mentoring program for the purpose of providing state funding for community-based youth mentoring services to at-risk youths through the youth crime prevention and intervention ("YCPI") program. Identifies the purposes of such services as reducing substance abuse and decreasing the incidents of youth crime and violence. To be eligible for funding for the provision of youth mentoring services from the youth mentoring services cash fund, requires an entity to apply to the YCPI board in accordance with specified timelines and guidelines and meet certain specified criteria.
Allows an entity to apply to the YCPI board for a grant from the department of local affairs to provide community-based youth mentoring services or to enhance existing community-based youth mentoring programs. Identifies the duties of entities that are selected by the board for the provision of such programs.
Authorizes community-based organizations to obtain private and public funds, grants, gifts, or donations for youth mentoring programs. Authorizes the executive director of the department of local affairs to accept and expend said funds. Requires selected entities to match 20% of the grant moneys received from the department of local affairs. Creates the youth mentoring services cash fund.
Encourages entities seeking to provide youth mentoring programs to submit an application to the YCPI board for grants to establish or enhance youth mentoring services.
APPROVED by Governor May 18, 1998
EFFECTIVE May 18, 1998
H.B. 98-1331 Controller - authority to allow overexpenditures during legislative interim. For fiscal years commencing on or after July 1, 1997, authorizes the controller to allow state agencies to overexpend items of appropriations in limited circumstances. Specifies the procedure to be followed by an agency in making a request to overexpend its appropriation.
When an agency is allowed to overexpend its appropriation, requires the controller to restrict the agency's appropriation for the next fiscal year in an amount equal to the overexpenditure. Authorizes the controller to release such restriction only if the agency obtains a supplemental appropriation to cover the original overexpenditure.
APPROVED by Governor March 23, 1998
EFFECTIVE March 23, 1998
H.B. 98-1361 Public employee's retirement association - annual appropriation to judicial department - reimbursement of judicial division trust fund. Requires the general assembly to make an annual appropriation to the judicial department rather than the state treasurer for the purpose of reimbursing the judicial division trust fund of the public employees' retirement association for increases in retirement benefits paid to retired judges who return to temporary judicial duties.
APPROVED by Governor April 21, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-1387 Purchase of tobacco by minors - enforcement of laws - appropriations. Prohibits businesses that sell tobacco at retail from selling tobacco to persons under 18 years of age. Establishes an affirmative defense if the person selling the tobacco reasonably relied upon a false identification showing that the person purchasing the tobacco was over 18 years of age. Changes the penalty from a class 2 petty offense to a civil penalty for a violation of:
Designates the liquor enforcement division in the department of revenue as the lead state enforcement agency. Authorizes the division to coordinate inspections of businesses selling tobacco at retail to prevent duplicative inspections of the same business by different state governmental agencies.
Establishes procedures for hearings and appeals for alleged violations relating to the sale of tobacco products to minors. Specifies limited civil penalties that may be imposed. Authorizes civil actions to collect unpaid fines.
Directs that fines be paid into a newly created tobacco use prevention fund. Authorizes the department of human services to award grants from moneys in the fund to programs that provide training in the application of laws relating to the sale of tobacco or to programs designed to prevent the use of tobacco by minors.
Repeals the new provisions, effective July 1, 2001.
Establishes that an attempt to purchase tobacco by a person under 18 years of age is a class 2 petty offense. Creates an exception for persons under 18 years of age acting at the direction of a governmental agency authorized to conduct compliance checks. Increases the fine for purchase of tobacco by a person under 18 years of age from $50 to $100.
Appropriates $140,806 and 2.5 FTE to the department of revenue, liquor enforcement division, and $7,366 and 0.1 FTE to the department of law for the provision of legal services to the department of revenue for implementation of the act. Appropriates $22,000 out of the tobacco use prevention fund to the department of human services, alcohol and drug abuse division, for implementation of the act.
APPROVED by Governor June 1, 1998
EFFECTIVE July 1, 1998
H.B. 98-1389 Executive branch agencies - reports to general assembly relating to criminal law - repeal - continuation under sunset law. Repeals certain statutory requirements for periodic reports to the general assembly and continues others, after review pursuant to the applicable provisions of the sunset law.
APPROVED by Governor May 18, 1998
EFFECTIVE May 18, 1998
H.B. 98-1393 Executive branch agencies - reports to general assembly relating to education - repeal - continuation under sunset law. Repeals certain statutory requirements for periodic reports to the general assembly and continues others, after review pursuant to the applicable provisions of the sunset law.
APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998
H.B. 98-1402 Capital construction fund - transfer of moneys from general fund. Increases the transfer of moneys from the general fund to the capital construction fund for the 1997-98 fiscal year by $16,563,233 and for the 1998-99 fiscal year by $305,273,115.
APPROVED by Governor May 27, 1998
EFFECTIVE May 27, 1998
H.B. 98-1408 Agricultural chemicals - transportation and handling. Specifies that studies, and the supporting data for those studies, used by agencies as a basis for a proposed rule are public records and are open to public inspection.
Requires the commissioner of agriculture to expedite the processing of special local needs registrations. Specifies that the commissioner may not deny registration of a special local needs registration because of contracts between a grower or a grower's group and a manufacturer or seller that limit a manufacturer's liability.
Exempts agricultural users from recently adopted federal hazardous materials transportation rules. Declares that such rules specifically allow states to adopt exemptions to such rules and that the rules would be unduly burdensome to agriculture without contributing significantly to public safety. Declares that the adoption of agricultural hazardous transportation rules by September 30, 1998, is imperatively necessary to meet federal requirements.
Exempts the transportation of an agricultural product other than a class 2 material, as such term is used in federal rules, over local roads between fields of the same farm, from the hazardous materials requirements when it is transported by a farmer who is an intrastate private motor carrier.
Exempts the transportation of an agricultural product to or from a farm, within 150 miles of such farm, from the emergency response and training requirements if:
States that such transportation is authorized. Requires packaging rules to be adopted no later than September 30, 1998.
APPROVED by Governor May 18, 1998
EFFECTIVE May 18, 1998
H.B. 98-1414 State financial statements - related to section 20 of article X of the state constitution - unrealized gains and losses - unrestricted general fund surplus. Modifies statutory provisions that implement the constitutional limitation on state fiscal year spending contained in article X, section 20 of the state constitution (TABOR). States that state revenues in excess of the limit shall be refunded in the following fiscal year and shall not be available for any other governmental purpose unless voters have authorized the state to retain such excess revenues.
Clarifies that the annual financial report prepared to ensure compliance with section 20 of article X of the state constitution (TABOR) shall be prepared in accordance with generally accepted accounting principles unless otherwise provided by law or unless there is an irreconcilable conflict with said constitutional provision. Specifies that, notwithstanding any generally accepted accounting principle to the contrary, the annual financial report prepared to ensure compliance with section 20 of article X of the state constitution shall not include any unrealized gains or losses on investments held by the state.
Requires the general fund surplus to be determined based on the accrual system of accounting; except that any general fund revenues designated as state revenues in excess of the limitation on state fiscal year spending shall be included in the unrestricted general fund surplus for the year in which the excess revenues accrued. Restricts such excess revenues in the next fiscal year to preserve their availability for refund unless the voters authorize the state to retain such excess revenues.
APPROVED by Governor May 26, 1998
EFFECTIVE May 26, 1998
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