Requires each state agency to provide the state auditor a list of all qualifying nonprofit entities in existence on July 1, 1999, as well as a copy of each nonprofit entity's most recent annual audit report or, if such entity has not been audited, the entity's most recent annual financial statement, by September 1, 1999. Exempts certain existing nonprofit entities from these requirements. Authorizes state-supported institutions of higher education to establish a nonprofit entity without specific statutory authority if approved by the Colorado commission on higher education.
Subjects nonprofit entities created by or on behalf of a state agency to an annual audit by the state auditor. Exempts certain nonprofit entities from this requirement.
Beginning July 1, 1999, 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, 1999, requires such authorities to report in their 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 under this act shall not be an agency or department of the state and shall not be subject to any provisions of law affecting only governmental or public entities. Provides that neither the state nor the applicable state agency shall be held responsible for any debt or liability incurred by any nonprofit entity supported by or established by or on behalf of a state agency except as otherwise provided by law.
APPROVED by Governor June 3, 1999
EFFECTIVE June 3, 1999
S.B. 99-35 Manufactured housing units - private inspection and certification - state housing board. Authorizes the state housing board to promulgate rules establishing specific standards for the privatization of the manufactured housing inspection functions of the division of housing. Authorizes the division to review and approve quality assurance representatives that perform inspections and affix insignia of approval for factory-built housing, factory-built nonresidential units, camper coaches, camper trailers, park trailers, and recreational vehicles.
Requires that factory-built housing and factory-built nonresidential units manufactured, sold, or offered for sale within Colorado be manufactured in compliance with the applicable provisions of the construction codes adopted by the state housing board. Allows authorized quality assurance representatives to inspect and affix insignia of approval for factory-built housing and factory-built nonresidential units.
Prohibits any person, partnership, firm, corporation, or any other entity from manufacturing, selling, or offering for sale within the state any new recreational vehicle that is not manufactured in compliance with the American national standards institute's (ANSI's) standard A119.2 or any amendment thereto. Prohibits any person, partnership, firm, corporation, or any other entity from manufacturing, selling, or offering for sale within the state any new recreational park trailer that is not manufactured in compliance with ANSI standard A119.5.
APPROVED by Governor April 30, 1999
EFFECTIVE August 4, 1999
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. 99-85 Colorado civil rights - continuation of the Colorado civil rights division and civil rights commission under sunset law. Extends the automatic termination date of the Colorado civil rights division in the department of regulatory agencies, including the Colorado civil rights commission, until July 1, 2009, pursuant to the provisions of the sunset law.
APPROVED by Governor March 25, 1999
EFFECTIVE March 25, 1999
S.B. 99-90 Public employee's retirement association - health care program - state trooper contribution rates - return of matching employer contributions - matching employer contributions to retirement programs - benefit formula for judges. Makes the following changes to the public employees' retirement association (PERA) health care program:
Makes the following changes to PERA retirement benefits:
APPROVED by Governor April 16, 1999 PORTIONS EFFECTIVE July 1, 1999, July 1, 2000, January 1, 2001
S.B. 99-93 State grants to publicly-supported libraries - appropriation. Establishes a program whereby the state librarian will make grants to eligible public libraries, academic libraries, and school libraries for the purchase of educational resources these institutions would otherwise be unable to afford. States qualifications and reporting requirements for said grants. Specifies the powers and duties of the state librarian in administering the grants program. Establishes the state grants to publicly-supported libraries fund in the state treasury.
Appropriates $2,000,000 out of the general fund to the state grants for publicly-supported libraries fund for implementation of the act. Appropriates $2,000,000 and 0.5 FTE out of the state grants for publicly-supported libraries fund to the department of education for allocation to the state library for implementation of the act. Requires that such sum shall be from cash funds exempt received from the department of education and that no more than 2.5% of said amount shall be expended for administrative costs of the state librarian in administering this act. Adjusts appropriations made in the annual general appropriations act.
VETOED by Governor June 2, 1999
S.B. 99-113 Colorado civil rights - commission - mediation - discrimination against older persons in housing. Authorizes the Colorado civil rights commission to intervene, for the purpose of informal mediation, in racial, religious, cultural, age, and intergroup tensions or conflicts.
Makes Colorado discrimination laws concerning housing for older persons equivalent to federal law by revising the criteria for designation as housing for older persons. Authorizes the civil rights commission to promulgate rules to verify the occupancy of a housing facility or community providing housing for older persons.
Provides that a person shall not be held personally liable for monetary damages for a violation of discrimination laws concerning housing for older persons if such person reasonably relied, in good faith, on the application of an available exemption.
APPROVED by Governor March 25, 1999
EFFECTIVE August 4, 1999
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. 99-140 Fire safety - duties of director of division of fire safety - composition, duties, and continuation of the fire safety advisory board. Changes the name of the fire safety advisory board to the fire service training and certification advisory board. Modifies the composition of the board by eliminating the representatives of the Colorado state fire marshals association and the state certified first responders as members. Adds the president of the Colorado community college and occupational education system and the director of the emergency medical services and prevention division within the department of public health and environment as nonvoting members.
Specifies the duties of the board and the director of the division of fire safety in the department of public safety with respect to the voluntary fire service education and training program and the voluntary firefighter and first responder certification programs.
Extends the automatic termination date of the fire safety advisory board to July 1, 2009, pursuant to the provisions of the sunset law.
APPROVED by Governor April 15, 1999
EFFECTIVE April 15, 1999
S.B. 99-168 Colorado civil rights - discriminatory or unfair employment practices - harassment. Includes, as an unfair employment practice, harassment during the course of employment of any person, otherwise qualified, because of disability, race, creed, color, sex, age, national origin, or ancestry. Defines "harass" as creating a hostile work environment based upon an individual's race, national origin, sex, disability, age, or religion.
Requires that, in order for such harassment to be considered illegal, a person experiencing harassment on the job must file a complaint with the appropriate authority at such person's workplace and the authority must fail to initiate a reasonable investigation of the complaint and, if appropriate, take prompt remedial action.
BECAME LAW: April 19, 1999
EFFECTIVE July 1, 1999
S.B. 99-172 Tobacco litigation settlement fund - creation. Creates in the state treasury the tobacco litigation settlement fund. Specifies moneys to be credited to the fund. States that the moneys in the fund are subject to annual appropriation by the general assembly for such purposes as may be authorized by law. Requires all unexpended and unencumbered moneys in the fund at the end of any given fiscal year to remain in the fund. Specifies that, for purposes of section 20 of article X of the state constitution and article 77 of title 24 of the Colorado Revised Statutes, moneys credited to or expended from the fund are damage awards or interest thereon and are excluded from state fiscal year spending. Specifies that, for purposes of section 20 of article X of the state constitution, moneys expended from the fund that are received by local governments are damage awards or interest thereon and are excluded from local government fiscal year spending.
APPROVED by Governor March 31, 1999
EFFECTIVE March 31, 1999
S.B. 99-174 Release of motor vehicle records. Requires the custodian of any records that concern an individual who has made a request of confidentiality, prior to release of such records, to require the person requesting release of the information to show identification and to keep a list of persons to whom information is released, which list shall be available to the person requesting confidentiality. Repeals provisions authorizing the department of revenue to sell photographs and other images for the prevention of fraud. Prohibits the department from selling or releasing photographs, other images, fingerprints, or social security numbers; except that the act allows release of any of such information to a criminal justice agency and the release of images to a news agency.
APPROVED by Governor April 16, 1999
EFFECTIVE April 16, 1999
S.B. 99-204 Executive agencies - reports to general assembly - termination. Eliminates the following state agency reports to the general assembly:
Requires that the general assembly be notified in the most cost-effective manner of the availability of the following reports:
States that section 1 of the act shall take effect only if Senate Bill 99-4 does not become law.
APPROVED by Governor May 19, 1999
EFFECTIVE August 4, 1999
NOTE: (1) Senate Bill 99-4 was signed by the Governor on June 3, 1999.
(2) 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. 99-216 Capital construction fund - transfer of moneys from the general fund. Increases the transfer of moneys from the general fund to the capital construction fund for the 1999-2000 fiscal year by $94,125,274.
VETOED by Governor May 3, 1999
S.B. 99-223 State employee performance - grievance procedures. Authorizes the state personnel director to allow each state agency to establish a plan to implement the director's performance management, evaluation, and reward system. Requires that each such plan be approved by the director.
Requires the state personnel director to establish by rule a process to resolve state employee disputes related to performance evaluations that do not result in corrective or disciplinary actions against the employee.
Authorizes the state personnel board to adopt more than one grievance procedure for employees in the state personnel system. Requires that the board's rules define matters that are subject to grievance procedures.
APPROVED by Governor May 17, 1999
EFFECTIVE August 4, 1999
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. 99-227 Line-item appropriations - extension of authority for overexpenditures and transfers. Extends existing authority for the overexpenditure of line-item appropriations and for limited transfers between such line-item appropriations that is scheduled to expire in 1999 until 2004. Clarifies what constitutes an "overexpenditure".
APPROVED by Governor May 19, 1999
EFFECTIVE May 19, 1999
S.B. 99-231 Tobacco litigation settlement moneys - cash fund - trust fund. Eliminates the tobacco litigation settlement fund and replaces it with the tobacco litigation settlement cash fund. Specifies that all tobacco litigation settlement moneys not credited to the tobacco litigation settlement trust fund shall be credited to the cash fund, that the general assembly may appropriate any moneys in the cash fund as authorized by law in accordance with the terms of the tobacco litigation settlement, and that any unencumbered and unappropriated moneys remaining in the cash fund at the end of any fiscal year shall be transferred to the tobacco litigation settlement trust fund.
Creates the tobacco litigation settlement trust fund. Specifies that the following shall be credited to the trust fund:
Specifies that the principal of the trust fund shall not be expended or appropriated for any purpose and that the general assembly may only appropriate the interest earned on the trust fund as authorized by law in accordance with the terms of the tobacco litigation settlement agreement at such time as the state auditor certifies that actuarially sound projections of future interest earnings indicate that such interest will be sufficient to fully fund all programs and funds for which tobacco litigation settlement moneys are to be expended.
Specifies that any tobacco litigation settlement moneys received to compensate the state for attorney fees, court costs, and other expenses incurred shall be subject to appropriation by the general assembly if the purpose for which such moneys may be expended is not specified or approved by a court or other non-Colorado authority. Requires any agency of state government proposing to expend custodial moneys that are tobacco litigation settlement moneys to compensate the state for attorney fees, court costs, or other incurred expenses to notify the joint budget committee in writing, explaining the basis for determining that the moneys are custodial and setting forth the purpose for which the agency intends to expend such moneys.
States that moneys credited to the tobacco litigation settlement cash fund and the tobacco litigation settlement trust fund are not included in state fiscal year spending for purposes of section 20 of article X of the state constitution.
Permits the state treasurer to authorize the escrow agent for tobacco litigation settlement moneys held in escrow for the state pursuant to the master settlement agreement and accompanying escrow agreement to invest such moneys in any manner permitted by the escrow agreement.
BECAME LAW June 5, 1999
EFFECTIVE June 5, 1999
S.B. 99-233 State fiscal policies relating to TABOR. As a result of previously enacted legislation that imposed restrictions on the ability of each department or agency of state government to maintain the uncommitted reserves of any cash fund under its control, repeals the requirement on the general assembly to prescribe the total amount of revenue that may be collected by each agency and department of state government for a given fiscal year.
Expands the definition of "collections for another government" for purposes of TABOR to include revenues other than tax revenues.
Provides that, if any other local government district that provides higher education services joins the state, the amount of allowable state fiscal year spending for purposes of TABOR for the fiscal year such joinder takes effect is to be adjusted by the fiscal year spending of such district in accordance with TABOR in the current fiscal year.
Provides that, for any given fiscal year, if the state controller discovers an error involving a prior fiscal year that affects the calculation of state fiscal year spending, the controller is authorized to correct such errors by increasing or decreasing in an appropriate amount the allowable state fiscal year spending for the fiscal year in which the error is discovered, subject to the review of such adjustment by the state auditor.
APPROVED by Governor June 2, 1999
EFFECTIVE August 4, 1999
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. 99-239 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 1999-2000 fiscal year by $68,691,405.
APPROVED by Governor May 17, 1999
EFFECTIVE May 17, 1999
H.B. 99-1010 State lottery commission - authorization for bingo scratch lotteries. Permits the state lottery commission to conduct instant scratch lotteries based upon the game of chance commonly known as bingo.
APPROVED by Governor May 20, 1999
EFFECTIVE August 4, 1999
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. 99-1048 Delinquency charges - limitations on amount imposed by government entities. Prohibits the state and local governments from assessing delinquency charges for any amount due to that government that is paid in full within 5 days after the scheduled due date. Limits the maximum delinquency charge that the state or a local government may charge to the greater of $15 or 5% per month or fraction of a month up to a total of 25% of the amount due. Defines the terms "amount due" and "delinquency charge" and states that certain types of fees, fines, or penalties imposed are not "delinquency charges".
States that if an amount due is one of a series of payments to be made towards the satisfaction of a single obligation owed to the state or a local government, limits the maximum delinquency charge that the state or a local government may charge to the greater of $15 or 5% per month or fraction of a month up to a total of 25% of the amount of the overdue payment regardless of the length of time during which the payment remains overdue. Prohibits the state or a local government from assessing interest on a delinquency charge, but allows interest to be charged on any amount due at a maximum annual percentage rate of 18%.
States that restrictions on the charging of interest do not apply to delinquent interest imposed by a local government after a tax lien is sold at a tax lien sale. Allows the state and local governments to recover collection costs, including disconnection or reconnection fees, reinstatement charges, or penalties for fraud.
APPROVED by Governor June 3, 1999
EFFECTIVE January 1, 2000
NOTE: This act shall take effect January 1, 2000, 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 the
date of the official declaration of the vote thereon by proclamation of the governor.
H.B. 99-1055 Colorado state fair authority - annual reports. Requires the Colorado state fair authority and its board of commissioners to make an annual report by October 31, instead of January 1, of each year. Deletes inclusion in the report of a summary of the authority's activities for the previous year. Specifies that the information in the report cover the fiscal year ending in the year the report is made and the fiscal year preceding that fiscal year and be prepared in accordance with generally accepted accounting principles.
Requires reporting of revenue and expenses for the operation of nonfair events. Specifies reporting of the financial position of the fair instead of the current balance of the Colorado state fair authority cash fund and the expenses of the authority. Requires evidence of compliance with applicable bond covenants relative to outstanding revenue bonds issued by the board.
Adds a statement of the fair's cash flow to the reporting requirements. Requires inclusion in the report of a summary of the fair's attendance. Directs reporting of the number of fair and nonfair events. Includes a statement of revenues and expenses resulting from the operation of the fair for the most recent period ending September 30, including a summary of attendance, within the reporting requirements.
APPROVED by Governor February 26, 1999
EFFECTIVE February 26, 1999
H.B. 99-1076 State personnel system - alternative objective measures of competence for selecting employees. In addition to utilizing competitive examinations to determine appointments and promotions to state personnel system positions, authorizes the use of other objective measures of competence in making such a determination. Instead of specifying that examinations may not inquire into or be influenced by the political or religious affiliation or race of the applicant, prohibits consideration of race, color, creed, religion, national origin, ancestry, age, or political affiliation with respect to appointments and promotions of state employees. Also prohibits consideration of sex or disability with respect to such appointments and promotions except as otherwise provided by law.
Makes conforming changes to the provisions on the "rule of 3" and selection of employees in the state auditor's office.
APPROVED by Governor March 29, 1999
EFFECTIVE August 4, 1999
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. 99-1077 Statewide risk management system for tracking employment claims against the state - creation. Beginning July 1, 1999, requires the department of personnel to establish and administer a pilot program for the purpose of developing a statewide database and uniform reporting system to track all employee claims brought against state agencies and losses resulting from such claims. Requires the pilot program to include at least 3 agencies to be selected by the department of personnel, including at least one institution of higher education and one executive department other than the department of higher education. Requires the department of personnel to report the results of the pilot program to the general assembly by June 30, 2001.
Beginning July 1, 2001, requires the department of personnel to establish and administer a statewide database and uniform reporting system to track all employee claims brought against all state agencies and losses resulting from such claims. Requires the executive director of the department of personnel to supervise the development and administration of both the pilot program and the database and uniform reporting system. Specifies that the executive director may adopt rules that define terms and may require state agencies to submit information necessary to implement the pilot program and the database and uniform reporting system.
APPROVED by Governor March 10, 1999
EFFECTIVE March 10, 1999
H.B. 99-1078 Temporary state personal services contracts - duration. Clarifies that personal services contracts for temporary employment of persons by the state may exceed 6 months.
APPROVED by Governor March 29, 1999
EFFECTIVE August 4, 1999
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. 99-1079 Digital or electronic signatures - standards, rules, policies, and procedures. Provides for, but does not require, the use of digital or electronic signatures and gives them the same force and effect as manual signatures when the signature:
Directs the executive director of the department of personnel to adopt rules governing the requirements for digital or electronic signatures. Provides that any county, city, town, or city and county authorizing the use of digital or electronic signatures shall adopt their own rules, standards, policies, and procedures or shall follow those of the executive director of the department of personnel.
APPROVED by Governor June 2, 1999
EFFECTIVE July 1, 1999
H.B. 99-1080 Public employees' retirement association - purchase of service credit. Modifies the statutory provisions governing the purchase of service credit for members of the public employees' retirement association (PERA) who first become members on or after January 1, 1999, to conform to federal law. Requires that such members have 5 years of earned service credit before becoming eligible to purchase credit for noncovered employment that is "nonqualified service" as defined in section 415 (n) (3) (C) of the federal internal revenue code. Limits purchases of service credit for "nonqualified service" by such members to a maximum of 5 years.
Specifies that no contributions by PERA members to purchase service credit or to make direct payments shall be made to cause the limits in section 415 (n) of the federal internal revenue code to be exceeded.
APPROVED by Governor February 19, 1999
EFFECTIVE February 19, 1999
H.B. 99-1102 Financial aid to local governments - telecommunications infrastructure - aggregation of demand - community-based access grant program - appropriations. Declares a need for rationally planned and coordinated purchases of telecommunications technology by public entities at the state and local level, in all geographic areas of the state, in order to achieve economies of scale and allow the state and localities to function as "anchor tenants" in encouraging private investment in telecommunications infrastructure throughout the state and within its local communities. Finds that statewide demand aggregation is proceeding under executive order and that a similar program of aggregation should be initiated at the local, community level.
Requires the departments of local affairs and personnel, working cooperatively, to accommodate local and community traffic on the state multi-use network. Creates a community grant program, administered by the department of local affairs, under which communities will vie for state capital construction moneys to fund local programs to aggregate the telecommunications service requirements of "public offices" within those communities. Defines "public offices" to include public schools, colleges, libraries, hospitals, and offices of state and local government agencies.
Directs funding to projects that result in material improvements in availability and competitive cost of telecommunications infrastructure. Requires that public offices be linked using telecommunications services purchased from the private sector. Limits expenditures under the grant program to costs of connection and requires that public offices bear the capital costs of end-user equipment and the ongoing costs of operation and personnel. Excludes costs for public offices that have existing connections except as necessary to participate in aggregating their demand with that of other offices.
Establishes the goal of funding each community within the state that submits a proposal that is of high quality and competitive with those of communities of comparable size and characteristics. Gives priority to those communities that propose to aggregate the greatest proportion of public offices within the community and that propose an appropriate match, whether cash or in-kind, in relation to the resources of the community.
Allows for some financial assistance to communities for costs of technical assistance, engineering, and other components of proposals for funding. Requires coordination of grant awards with deployment of the state's digital networks. Requires the department of local affairs to report annually to legislative committees.
Appropriates to the department of local affairs $3,176,000 in capital construction funds and $124,000 in general funds. Directs that $1,500,000 in cash funds exempt from the local government severance tax fund be made available to local governments for the community-based access grant program established by this act. Makes corresponding reductions and transfers from the capital construction fund, the capital construction fund exempt appropriation to the department of transportation, and the Colorado advanced technology institute (CATI) commission share of proceeds from supernet.
APPROVED by Governor May 17, 1999
EFFECTIVE May 17, 1999
H.B. 99-1127 Governmental entities - alternative forms of payment. Authorizes state and local governmental entities to accept alternative forms of payment, including but not limited to credit, charge, or debit cards, for the payment of moneys payable to any governmental entity. Prohibits governmental entities from imposing a surcharge for the privilege of using an alternative form of payment, but allows any governmental entity that was imposing such a surcharge as of January 1, 1999, to continue to impose such surcharge. Requires any provider of alternative forms of payment, including but not limited to any issuer of credit, debit, or charge cards, that approves a transaction for the payment of moneys to a state governmental entity to remit to such entity the net revenue of the transaction due to such entity.
Authorizes the state treasurer to enter into one or more contractual master agreements with providers of alternative forms of payment. Specifies that the state treasurer shall enter into no more than one master agreement covering any particular alternative form of payment. Requires a provider of alternative forms of payment that wishes to have one or more state governmental entities accept the provider's alternative forms of payment to join in any master agreement that covers the alternative form of payment. Makes exceptions to said requirement.
Requires any state governmental entity that wishes to accept an alternative form of payment that is covered by a master agreement entered into by the state treasurer to join in such master agreement. Encourages local governmental entities that wish to accept alternative forms of payment to join any applicable master agreements or join with other local governmental entities in contractual arrangements with providers of such alternative forms of payment.
Requires any governmental entity that accepts one or more alternative forms of payment for the payment of moneys that the governmental entity must remit to one or more other governmental entities to either: Remit to such other governmental entities the gross amount of any payments made by alternative forms of payment notwithstanding the deduction of any moneys from such amount by any provider of alternative forms of payment; or enter into an intergovernmental agreement with each such other governmental entity regarding the allocation of the costs of accepting such alternative forms of payment.
APPROVED by Governor April 30, 1999
EFFECTIVE August 4, 1999
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. 99-1191 Public records - inspection requests - sexual harassment records - records subject to deliberative process privilege. Specifies that, if extenuating circumstances exist, the period of time within which public records must be made available for inspection may be extended to not more than 7 working days after the request. Adds as an extenuating circumstance a records request that is so voluminous that the custodian of records is unable to process the request without substantially interfering with the custodian's obligation to perform his or her other responsibilities.
Adds the following to those records that a custodian of records, subject to certain exceptions, is required to deny inspection:
APPROVED by Governor March 31, 1999
EFFECTIVE March 31, 1999
H.B. 99-1242 Public records - consideration of privileged documents in an executive session. Requires that a local public body consider in a public meeting documents or records that are work product or that are subject to the governmental or deliberative process privilege unless an executive session is otherwise allowed by law. Clarifies that any materials distributed to the members of a public body for their use or consideration in a public meeting are not included in the definition of "work product".
APPROVED by Governor March 31, 1999
EFFECTIVE March 31, 1999
H.B. 99-1336 Legal investments of public funds - collateralizing repurchase agreements for securities. Except for investments of public funds by the state treasurer, which are already covered by other laws, specifies that for purposes of collateralizing repurchase agreements of United States government securities that are lawful investments of public funds by public entities, such securities must have a fixed coupon rate from the time of settlement to the maturity date, and the collateral securities must be collateralized at no less than 102% and marked to market at least weekly..
APPROVED by Governor May 29, 1999
EFFECTIVE May 29, 1999
H.B. 99-1337 Electronic transactions. Enacts statutory provisions to facilitate electronic transactions and on-line government. Permits, but does not require, the use of electronic records or electronic signatures by public entities. Requires state agencies utilizing electronic records or electronic signatures to comply with the rules of the executive director of the department of personnel ("director") or the Colorado supreme court. Allows local public entities to utilize electronic records and electronic signatures upon approval of the local public entity's governing body.
Establishes that a record or a signature may not be denied legal effect or enforceability solely because it is in the form of an electronic record or an electronic signature.
Provides that, in any governmental transaction in which a signature is required or used, any party to the transaction may use an electronic signature that complies with rules promulgated by either the director for governmental transactions with state agencies, by the supreme court for governmental transactions with the state judicial system, or by the applicable governing body for governmental transactions with local public entities. Requires the director or governing body to consider, among other appropriate factors, whether or not the electronic signature must be:
Permits public entities to require the use of electronic signatures for particular applications within their authority where such mandatory use does not conflict with state or federal law. Prohibits the department of revenue from selling or releasing to anyone, other than the person in interest or a criminal justice agency, any electronic signature filed with, maintained by, or prepared by the department of revenue.
Provides that electronic records or signatures are not inadmissible as evidence solely on the ground that they are in electronic form, are not in original form, or are not originals. Establishes that an electronic record meets the original form requirement if it accurately reproduces the original record as it existed at the time in question. Provides that record retention requirements are met by retaining an electronic record that accurately reproduces the original record as it existed at the time in question but allows a public entity to specify additional requirements for record retention.
Gives the director and the supreme court the authority to adopt rules, standards, policies, and procedures for public entity use of electronic records and signatures with differing levels of security for diverse applications. Requires the governing body of any local public entity authorizing the use of electronic records and signatures to adopt rules, standards, policies, and procedures for their own use or to follow the rules adopted by the director.
Provides that section 2 of this act shall only take effect if House Bill 99-1079 is enacted at the First Regular Session of the Sixty-second General Assembly and becomes law.
APPROVED by Governor June 3, 1999
EFFECTIVE July 1, 1999
NOTE: House Bill 99-1079 was signed by the Governor on June 2, 1999.
H.B. 99-1369 State pension obligation notes - state-assisted firefighters' and police officers' old hire pension plans. Authorizes the state treasurer to issue state pension obligation notes for purposes of paying in one lump sum the state's share of the unfunded liability of certain state-assisted firefighters' and police officers' old hire pension plans instead of continuing the annual transfers of state moneys currently required by law. Specifies that moneys to pay interest on and principal of such notes are subject to annual appropriation by the general assembly. Requires that proceeds from the sale of such notes be pledged for the repayment of such notes to the extent required by the state constitution. Specifies that, upon payment of the proceeds of the sale of such notes to the fire and police pension association, the state's obligation to fund its portion of the unfunded liability of certain state-assisted pension plans is fully satisfied, subject to the need for the state to fund its obligation through 2009 if the transaction authorizing such notes is structured in a manner that prevents the fire and police pension association from annually transferring the full amount required to assist old hire pension plans as required by state law.
Specifies that any proceeds remaining after the unfunded liability of such state-assisted firefighters' and police officers' old hire pension plans ceases shall be transmitted to the state treasurer, used to pay remaining interest on and principal of such notes, and, once such instruments are satisfied, credited to the general fund.
Authorizes the state treasurer to contract for services related to state pension obligation notes. Specifies that costs of issuing such notes shall be paid from the proceeds from the sale of such notes.
APPROVED by Governor June 2, 1999
EFFECTIVE August 4, 1999
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. 99-1372 Office of innovation and technology - chief technology officer - information management commission. Creates the office of innovation and technology in the governor's office and creates the position of chief technology officer as head of the office. Transfers the rights, powers, duties, and functions of the commission on information management ("IMC") in the department of personnel to the newly-created office.
Specifies that the employees of the IMC whose employment is deemed necessary by the chief technology officer shall become employees of the office.
Describes the responsibilities of the office of innovation and technology.
Authorizes the chief technology officer to:
Abolishes the commission on information management and reestablishes the commission in the office of innovation and technology. Reduces private sector representation on the commission from 8 to 6 members. Specifies 4 additional members of the commission to be appointed from the general assembly. In addition to the current purposes, powers, and duties of the commission, authorizes the commission, except as otherwise directed by the chief technology officer, to recommend disapproval of state agency procurements of communication and information resources and data processing systems that do not conform to the state strategic communications and data processing plan.
APPROVED by Governor May 24, 1999
EFFECTIVE July 1, 1999
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