Government - State - Digest of Bills

Digest of Bills - 2001

GOVERNMENT - STATE
S.B. 01-16 Peace officers standards and training board - application fee for certification exam - denial and revocation of certification - exemption - reinstatement - rulemaking authority. Increases to $125 the application fee to take the certification and skills examination administered by the peace officers standards and training ("P.O.S.T.") board. Expands the categories of criminal offenses for which the P.O.S.T. board must deny or revoke peace officer certification. Permits a certification applicant or holder to request the P.O.S.T. board to grant an exemption from denial, withdraw denial, or reinstate certification after revocation. Requires the P.O.S.T. board to promulgate rules concerning reinstatement.

APPROVED by Governor June 5, 2001
EFFECTIVE July 1, 2001

S.B. 01-21 Lobbyist disclosure - regulation of lobbying practices. Requires the secretary of state to establish, operate, and maintain a system that enables electronic filing by means of the Internet of the lobbyist disclosure reports required to be filed under the "Colorado Sunshine Act of 1972". Allows any person to use the electronic filing system to meet the filing requirements contained in existing law.

Requires the secretary of state to establish, operate, and maintain a web site on the Internet, or modify an existing site, so as to allow any computer user who wishes to review lobbyist disclosure information read-only access to such information free of charge. Specifies in what manner such information shall be available on the internet web site.

Requires the lobbyist disclosure statement to contain the name of and total gross income for lobbying received from each person for the previous state fiscal year, rather than the previous calendar year. Eliminates a requirement that the lobbyist obtain a verification statement from each person from whom the lobbyist receives income for lobbying.

Requires that, when the general assembly is in session, a lobbyist notify the secretary of state, either by electronic filing or by facsimile transmission, of an oral or written agreement to engage in lobbying for any person not disclosed in the original registration statement. Specifies when this notice must be provided. Eliminates requirements that a lobbyist provide an estimate of gross income that the lobbyist will receive for lobbying. Authorizes the secretary of state to impose a fee on professional lobbyists at the time the original registration statement is filed and at the time each updated registration statement is filed, not to exceed $50. Requires the secretary of state to charge a reduced fee to a professional lobbyist that files his or her registration statement electronically. Authorizes the secretary of state to waive the fee for a registered professional lobbyist for a not-for-profit organization who derives his or her compensation solely from the organization. Exempts volunteer lobbyists from payment of the registration fee.

Requires the secretary of state to timely notify the president of the senate and the speaker of the house of representatives whenever the secretary of state has reasonable grounds to believe that a violation of the lobbyist disclosure requirements has occurred that the secretary of state deems substantial.

Adds to what may be considered in executive session under the open meetings law meetings of a state public body involving matters required to be kept confidential by the requirements of any joint rule of the senate and house of representatives pertaining to lobbying practices.

Prohibits the inspection of certain public records when such an inspection would be contrary to the requirements of any joint rule of the senate and house of representatives pertaining to lobbying practices.

APPROVED by Governor March 27, 2001
PORTIONS EFFECTIVE March 27, 2001, July 1, 2001, January 1, 2002

S.B. 01-88 Criminal history record checks - care providers - elderly - individuals with disabilities. Adds persons caring for the elderly and persons caring for individuals with disabilities as 2 additional categories for which an organization is authorized to access criminal history record information to determine an individual's employment or volunteer status with the organization. Makes changes to comply with federal criminal history record requirements.

Authorizes the department of human services, the department of public health and environment, and the department of education to serve as authorized agencies for dissemination of criminal history records under federal law. Permits those departments to identify by rule those entities that may serve as qualified entities and to promulgate all reasonable and necessary rules to implement the act. Requires any authorized agency accessing criminal history record information to do so only through the Colorado bureau of investigation.

APPROVED by Governor June 5, 2001
EFFECTIVE June 5, 2001

S.B. 01-141 Emergency Management Assistance Compact - ratification. Joins and ratifies the "Emergency Management Assistance Compact", which provides for mutual assistance among the states entering into the compact in managing any emergency or disaster that is duly declared by the governor of the affected state.

Contains the following provisions:

Authorizes the use of the states' national guard forces, either in accordance with the national guard mutual assistance compact or by mutual agreement between states.
Makes it the duty of the governor and the legally designated state official for emergency management (designated official) to formulate appropriate interstate mutual aid and evacuation plans.
Authorizes the designated official to request the assistance of another party state by contacting the designated official of that state.
Clarifies that, while states are obligated to render aid, the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for itself.
Except for the power of arrest, requires a donee state to afford to the emergency forces of a donor state the same powers, duties, rights, and privileges as the forces of the donee state.
Clarifies that the command structure of donor emergency forces does not change but that such forces are under operational control of the donee state.
Requires the governor of a party state to declare a state of emergency or disaster before any aid is activated.
Requires that a donee state recognize the official qualifications that are recognized by the donor state of aiding persons, subject to such limitations and conditions as the governor of the donee state may prescribe.
Deems officers or employees of a donor state to be agents of the donee state for tort liability and immunity purposes. Grants immunity to all officers or employees rendering aid if they act in good faith.
Requires the donee state to compensate members of the donor state's emergency forces, including injury and death benefits payable to such members or representatives of such members.
Requires the donee state to reimburse the donor state for all loss or damage to equipment and for service provided, unless the states make alternate arrangements for the payment of such expenses.
Requires 30 days' written notice for a state to withdraw from the compact.
Clarifies that the compact does not authorize the use of military force by the national guard of a state at any place outside that state in any emergency for which the president is authorized by law to call the militia into federal service or for the use of the national guard for law enforcement in the absence of express authorization by the United States constitution or an act of the United States congress.

APPROVED by Governor March 28, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

S.B. 01-149 Public employee's retirement association - defined contribution plan - district attorneys - election to participate - alternative retirement benefit study. Allows district attorneys to participate in the existing state defined contribution plan. Reduces the number of days allowed for an eligible employee to elect to participate in a defined contribution plan or the public employees' retirement association from 60 to 30.

Requires the state auditor, with the assistance of a professional actuarial or pension consulting firm, to conduct a study comparing the benefits provided by the public employees' retirement association with the benefits provided by other defined benefit and defined contribution retirement plans for public and private sector employees. States the study shall also include any topics recommended by the board of trustees of the association or by the legislative audit committee. Requires the auditor to complete the study by December 1, 2001, and to file copies of the report with the committee and the board.

APPROVED by Governor June 1, 2001
EFFECTIVE June 1, 2001

S.B. 01-151 State holiday - César Chávez day. Establishes the 31^st of March as "César Chávez Day".

Specifies that the head of a state agency may allow an employee of the agency to have a day off with pay on César Chávez day in lieu of any other legal holiday that occurs in the same state fiscal year on a weekday, other than a weekday on which an election is held throughout the state, on which the state agency is required to be open but on which the operations of the agency are required to be maintained at no less than a minimum level.

Specifies that the total number of holidays in a state fiscal year is not changed by this act.

APPROVED by Governor March 27, 2001
EFFECTIVE March 27, 2001

S.B. 01-171 Division of wildlife and division of parks and outdoor recreation - record of balances by capital project. Requires the division of wildlife and the division of parks and outdoor recreation to maintain a current record of balances by capital project. Specifies the record of balances shall include, but is not limited to:

Planned budgets, actual expenditures, and additions or deletions to and components of projects; and
Items categorized for professional services, construction or improvement, contingencies, and moveable equipment.

Requires the division of wildlife and the division of parks and outdoor recreation to report the current record of balances by capital project at least annually to the office of state planning and budgeting, the joint budget committee, and the capital development committee.

APPROVED by Governor March 28, 2001
EFFECTIVE March 28, 2001

S.B. 01-203 Capital development committee - capital construction projects - budget requests - project prioritization - Colorado commission on higher education - office of state planning and budgeting. Requires the Colorado commission on higher education to submit to the capital development committee by November 1 of each year its recommended priority for funding capital construction projects for the system of public higher education.

Requires the office of state planning and budgeting to:

Ensure that state departments, institutions, and agencies submit their requests for capital construction, controlled maintenance, and acquisition of capital assets to the capital development committee by September 1 of each year;
Submit its recommended priority for funding capital projects to the capital development committee by November 1 of each year;
Ensure that state departments, institutions, and agencies submit their requests for supplemental capital appropriations to the capital development committee by December 10 of each year.

APPROVED by Governor May 2, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

S.B. 01-208 Reporting requirements to the general assembly - repeal. Eliminates the following state agency reports to the general assembly:

Reports to the general assembly containing the statistical compilation of reports received by the department of law from district attorneys and the attorney general concerning wiretapping orders;
Reports to the general assembly concerning statistics from the executive director of the department of corrections;
Reports to the joint budget committee itemizing costs of the department of corrections by facility and sub-program;
Reports to the senate health, environment, children and families committee and the house health, environment, welfare, and institutions committee concerning the amount of capped funding received by the counties for certain child welfare services;
Reports to the house and senate education committees containing a compilation of teacher evaluations of teacher preparation programs at accepted institutions of higher education;
Reports to the joint budget committee concerning the amount of money in the Colorado economic development fund revolving account;
Reports to the general assembly containing an accounting of expenditures from the economic development fund;
Report from the executive director of the department of public safety to the legislative audit committee concerning recommendations for reimbursement of the costs of hazardous substance incidents;
Reports to the joint budget committee by the board of trustees of the firefighters' or police officers' old or new hire pension fund on each employer having an accrued unfunded liability and the amount of such accrued unfunded liability;
Final report to the general assembly by the Moffat tunnel commission;
Reports to the general assembly indicating the amount of revenue raised by any sales tax and admissions tax levied by the metropolitan football stadium district;
Reports to the general assembly indicating the progress of the board of directors of the Colorado intermountain fixed guideway authority on development of a plan for the design, financing, development, and construction of a fixed guideway system for interstate highway 70 from the Denver international airport to the Eagle county airport.

Limits the following reports to the general assembly from executive agencies to specific house of representative and senate committees of reference:

Reports to the education committees of the house of representatives and the senate concerning accreditation status of all school districts;
Reports to the joint budget committee and the finance committees of the house of representatives and the senate of the results of any audit conducted by the state auditor on the annual financial report certifying state excess revenues;
Reports to the state veterans and military affairs committee of the house of representatives and the government, veteran and military relations, and transportation committee of the senate accounting for the efficient discharge of all responsibilities assigned by law or directive to the adjutant general;
Reports to the health, environment, welfare, and institutions committee of the house of representatives and the health environment, children and families committee of the senate containing a complete and detailed operating and financial statement of the Colorado housing and finance authority;
Reports to the health, environment, welfare, and institutions committee of the house of representatives and the health environment, children and families committee of the senate concerning operating seed funds;
Reports to the local government committee of the house of representatives and the government, veteran and military relations, and transportation committee of the senate from self-insurance pools by local governments;
Reports to the business affairs and labor committee of the house of representatives and the business, labor, and finance committee of the senate on orders approved by the Colorado travel and tourism authority;
Reports to the business affairs and labor committee of the house of representatives and the business, labor, and finance committee of the senate concerning the Colorado travel and tourism authority's activities and operations;
Reports to the joint agriculture and natural resource committee of the house of representatives and the senate from the Colorado water resources and power development authority detailing its activities and indicating any requests for state funds for the upcoming state fiscal year;
Reports to the committees of reference in the senate and house of representatives that are assigned to hear telecommunications issues from the public utilities commission accounting for the operation of the high-cost support mechanism for telecommunication services.

APPROVED by Governor June 5, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

S.B. 01-209 Higher education projects - review by CCHE - exemption - project authorization. Requires the Colorado commission on higher education to review and approve plans for specified cash funded capital construction projects at state-supported institutions of higher education and submit the plan to the capital development committee and joint budget committee for recommendations instead of requesting such recommendations from those committees prior to commission approval as specified under current law.

Clarifies that the following capital construction projects at institutions of higher education are not subject to commission review and approval:

Senate Bill 92-202 cash-funded projects that are estimated to require total expenditures of $250,000 or less;
Projects that are estimated to require total expenditures of $250,000 or less and that are to be constructed, operated, and maintained solely from cash funds held by the institution other than Senate Bill 92-202 project funds.

Requires institutions to submit a list of all such projects to the commission by a specified date and the commission to submit a compilation of those projects to the capital development committee.

Raises the threshold for those cash projects of institutions that may be commenced without authorization by legislative appropriation from $250,000 to $500,000.

APPROVED by Governor May 30, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

S.B. 01-213 Arapahoe library district - authorization for sale of state land. Authorizes the executive director of the department of human services to sell certain real property at the Fort Logan Mental Health Center to the Arapahoe library district for library purposes.

APPROVED by Governor June 1, 2001
EFFECTIVE June 1, 2001

S.B. 01-232 Capital construction fund - transfer of general fund moneys. Increases the transfer from the general fund to the capital construction fund for the fiscal year beginning July 1, 2001, by $154,286,676. Makes an additional transfer from the general fund to the capital construction fund on March 1, 2002, of $43,660,886.

APPROVED by Governor June 5, 2001
EFFECTIVE June 5, 2001

S.B. 01-234 State employees - annual total compensation survey - date due - budget amendments. Changes the date by which the state personnel director shall submit the annual total compensation survey to the governor and the joint budget committee from December 1 to November 1, 2001, and to August 1 of each year thereafter. Requires the office of state planning and budgeting to submit budget amendments by November 1, 2001, reducing certain budget requests if the total amount in the compensation survey exceeds the amount of moneys requested for salaries in the original budget requests of all the departments for the 2002-03 fiscal year.

APPROVED by Governor May 31, 2001
EFFECTIVE May 31, 2001

S.B. 01-236 Regulation of tobacco sales - quantity. Prohibits the sale of individual cigarettes, packs or containers containing fewer than 20 cigarettes, and roll-your-own tobacco in an amount less than 0.60 ounces.

APPROVED by Governor June 5, 2001
EFFECTIVE June 5, 2001

H.B. 01-1006 Secretary of state - filing - legislative journals - agency rules. Allows the secretary of the senate and the chief clerk of the house of representatives to file their respective journals directly with the state archives rather than with the secretary of state.

Allows the secretary of state to require state agencies to file rules in an electronic format that complies with existing requirements under state law.

APPROVED by Governor March 11, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1010 State archives and public records - assessment of available storage space - report. Directs the executive director of the department of personnel or the director's designee to review and assess the amount of space available in the state archives and public records for the storage of public records every 3 years. Requires the executive director or the director's designee to submit an initial report regarding available storage space based on that review and assessment to the legislative audit committee no later than September 1, 2002, and to submit an updated report every 3 years thereafter. Specifies the data that the executive director or the director's designee shall include in that report.

APPROVED by Governor March 20, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1030 Salaries - public utilities commissioners - automatic indexing. Replaces the current provision for adjustment of PUC commissioners' salaries by recommendation of the state auditor and confirmation by the legislative audit committee with a system under which the commissioners' salaries would be adjusted annually based on changes in the Denver-Boulder-Greeley consumer price index.

Directs the state auditor to conduct a salary survey of similar occupations in the public and private sectors and report the results of the survey to the general assembly every 5 years. Subjects any recommended changes (other than the automatic annual adjustment) to confirmation and modification by the audit committee, based upon a review of the commissioners' performance using criteria jointly prepared by the state auditor and the executive director of the department of regulatory agencies.

VETOED by the Governor June 5, 2001

H.B. 01-1056 Construction bidding for public projects - definition of "public project". Modifies the definition of "public project", under the provisions on construction bidding for public projects, to exclude any project for which the appropriation or expenditure of funds may be reasonably expected not to exceed $150,000, rather than $50,000, in the aggregate for any fiscal year.

H.B. 01-1057 Public employee's retirement association - 401(k) plan - retiree participation. Allows a retiree who receives a benefit from the public employees' retirement association (PERA) who returns to work for a PERA employer to make voluntary contributions from their wages to the 401(k) plan administered by PERA. Specifies that the voluntary contributions by retirees shall not be subject to matching employer contributions and shall not be subject to regular member and employer contributions to PERA.

APPROVED by Governor March 9, 2001
EFFECTIVE July 1, 2001

H.B. 01-1078 Sale of land to city of Golden. Authorizes the executive director of the department of human services to sell within 10% of the fair market value specified land to the city of Golden for parks, recreation, or flood control on such terms and conditions as he or she deems appropriate.

States that the proceeds from the sale of the land shall consist of:

In-kind services provided to the state by the city of Golden to ameliorate impacts caused to Lookout mountain youth service center, which is situated adjacent to the land; and
Moneys from the sale that are in excess of the cost of such in-kind services, which shall be deposited in the general fund of the state.

Specifies that the land includes land that was authorized for sale under House Bill 95-1074 that was not sold and that this act supercedes any conflicting provision of House Bill 95-1074.

APPROVED by Governor March 28, 2001
EFFECTIVE March 28, 2001

H.B. 01-1085 State personnel system - employee selection. Consolidates certain statutes on the selection of employees in the state personnel system, including provisions concerning employment lists, examinations, appeals, appointments, and special procedures for employees of the state auditor's office.

Specifies that only a qualified candidate shall be appointed to a position in the state personnel system.

Modifies the process for appealing a selection and examination process action. Authorizes the state personnel director to convene an advisory appeals panel for assisting with appeal decisions. Requires filing of appeals within a certain period.

Modifies the provisions relating to the establishment of probationary periods for persons who are initially appointed or promoted into a different position or who are in a position that is reallocated to a higher pay grade.

Clarifies that the department accepting a transferred employee is liable for the employee's base salary, leave accruals, and other personnel system benefits.

Modifies the provisions relating to a certified employee who is promoted but fails to perform satisfactorily.

H.B. 01-1095 Department of the treasury - deposit of state moneys - procedures. Establishes alternative procedures for the state treasurer to make time deposits of state moneys in national and state banks and state-chartered and federally chartered savings and loan associations that are eligible to be depositories for state moneys. Specifies that the procedure utilized is at the state treasurer's discretion.

Directs the state treasurer to announce the interest rate at which state moneys may be deposited in a bank or savings and loan association for a fixed period but not to disclose the amount of money available for deposit. Requires the treasurer to make a deposit in every institution that has applied and is eligible as a depository for state moneys in an amount equal to the amount requested by such institution. Establishes procedures that the treasurer shall follow in the event that the amount requested by all eligible institutions exceeds the amount of state moneys available for deposit at that time.

In the alternate, directs the state treasurer to announce the amount of state money available for time deposits in banks and savings and loan associations for a fixed period but not to specify an interest rate at which such money shall be deposited. Allows all eligible institutions to submit bids for the interest rate it will pay if state moneys are deposited in such institution. Requires the treasurer to deposit state moneys in the institution that submits the highest bid. Establishes procedures that the treasurer shall follow in the event that 2 or more institutions submit the highest bid for the interest rate. Allows the treasurer to establish a minimum acceptable bid for an interest rate that shall be announced prior to the start of bidding.

APPROVED by Governor March 23, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1128 Controller - state liabilities - alternative means of payment. Permits disbursements in payment of liabilities incurred on behalf of the state without a commitment voucher not only from petty cash but also by alternative means of payment approved by fiscal rule promulgated by the controller.

H.B. 01-1136 Public safety - statewide fire fighting resource database - creation. Directs the department of public safety to develop and maintain a centralized computer database of all fire fighting resources in Colorado. Encourages every state and local fire fighting agency in Colorado to furnish specified information for inclusion in the database. Requires that all data entered into the database shall be verifiable by the department and updated by state and local fire fighting agencies as necessary.

APPROVED by Governor March 23, 2001
EFFECTIVE March 23, 2001

H.B. 01-1138 State information technology governance - state personnel director - office of innovation and technology - commission on information management. Specifies that the standards, procedures, and policies adopted and implemented by the general government computer center in connection with the use of electronic or digital signatures or records shall be in accordance with the rules, standards, procedures, and policies adopted by the state personnel director. Requires the state personnel director to coordinate with the office of innovation and technology (OIT) and the commission on information management (IMC) prior to adopting those rules, standards, procedures, and policies.

Requires the chief technology officer of the OIT to perform certain duties in consultation with the state personnel director and the IMC. Directs the chief technology officer to designate a chief information officer for the state. Authorizes the chief technology officer to assign responsibilities and duties to the chief information officer. Specifies that the chief information officer may exercise any power or authority vested in the chief technology officer in the absence of the chief technology officer.

Changes the membership of the IMC by reducing the number of department executive director members from 3 to 1 and replacing those 2 members with the director of the office of state planning and budgeting and the state personnel director. Specifies that the chief information officer may serve on the IMC if so designated by the chief technology officer. Allows the chief information officer to serve as the chair of the IMC if so designated by the chief technology officer.

Requires the OIT to act in consultation with the department of personnel, instead of the division of telecommunications, for purposes of coordinating the statewide telecommunications subsystem with the existing state telecommunications network.

APPROVED by Governor March 23, 2001
EFFECTIVE March 23, 2001

H.B. 01-1160 Outdoor lighting fixtures - standards - exceptions. Authorizes the use of state funds to install any new outdoor lighting fixture installed by or on behalf of the state only if:

For outdoor lighting fixtures with a rated output greater than 3,200 lumens, the new outdoor lighting fixture is a full cutoff luminaire;
The minimum illuminance adequate for the intended purpose is used with consideration given to recognized standards;
Full consideration has been given to costs, energy conservation, glare reduction, the minimization of light pollution, and the preservation of the natural night environment; and
For purposes of lighting state highways, the department of transportation determines that the installation of reflective road markers, lines, warning or informational signs, or other methods that do not require the use of artificial lighting will not achieve the purpose of an outdoor lighting fixture.

Makes exceptions when:

Federal law or regulation preempts state law;
The outdoor lighting fixture is used temporarily for emergency purposes;
The outdoor lighting fixture is used temporarily for nighttime work;
Additional illumination is required for a special event or situation as long as the lighting is installed so as to shield the fixture from direct view and to minimize upward lighting and light pollution;
The outdoor lighting fixture is used solely to enhance the aesthetic beauty of an object; or
A compelling safety interest exists that cannot be addressed by another method.

Specifies that for purposes of any state prison facility or private contract prison in the state, the standards for outdoor lighting fixtures are nonbinding guidelines.

Makes legislative declarations regarding the standards for new outdoor lighting fixtures, including an encouragement for local governments and commercial establishments to comply with the standards.

H.B. 01-1220 Transportation - multistate highway transportation agreement. Amends the multistate highway transportation agreement to conform with changes to the multistate highway transportation agreement bylaws, including by:

Setting up a cooperating committee composed of the participating states' designated representatives;
Allowing each state to have 2 designated representatives;
Establishing Colorado's 2 designated representatives as the chairpersons of the House and Senate transportation committees or their assignees;
Changing the formula for calculating vehicle weight;
Comprehensively setting out new objectives for the agreement; and
Adding a new article regarding funding for administration of the agreement.

APPROVED by Governor May 31, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1267 Controlled maintenance trust fund - transfer to general fund - repayment - designation of emergency reserve. Transfers the principal balance of the controlled maintenance trust fund to the general fund on July 1, 2001. Transfers $276,400 back to the controlled maintenance trust fund from the general fund on July 1, 2002.

Specifies that the general assembly may designate the sources that constitute the 3% emergency reserve required by the "Taxpayer's Bill of Rights" for the 2001-02 state fiscal year in the general appropriation bill.

APPROVED by Governor February 13, 2001
EFFECTIVE February 13, 2001

H.B. 01-1341 Capital construction fund - annual transfer from the general fund. Establishes a $100 million transfer from the general fund to the capital construction fund for the fiscal years beginning July 1, 2006, and July 1, 2007.

VETOED by Governor June 5, 2001

H.B. 01-1359 Open meetings and public records - recording of executive sessions - exceptions - notice of executive session - access to records - attorney fee awards - records used in rule-making. Requires discussions that occur during an executive session of a state or local public body, except discussions concerning students, to be recorded in the same manner and media in which minutes of open meetings are recorded, and specifies that a public body satisfies the recording requirement by making any form of electronic recording of the discussions in an executive session. Requires the record to include a reference to the statutory citation that authorizes the executive session, the actual content of the discussion, and a signed statement from the chair of the executive session attesting that any written minutes substantially reflect the substance of the discussion. Clarifies that the requirement that the record reflect the "actual content of the discussion" does not require the minutes of the executive session to contain a verbatim transcript of the discussion. Requires public bodies to retain the record of an executive session for at least 90 days after the date of the executive session.

Makes an exception to the recording requirement if, based on the opinion of the attorney representing the public body and who is in attendance at the executive session, the discussions constitute a privileged attorney-client communication. Specifies the procedure for designating all or a portion of the discussions during an executive session as a privileged attorney-client communication and the required contents of the record of the executive session.

Specifies that no portion of the record of an executive session shall be open to public inspection or subject to discovery in any administrative or judicial proceeding, except upon the consent of the public body or unless a court finds, upon a showing of grounds sufficient to support a reasonable belief that the executive session was held in violation of the open meetings law, and after an in camera review of the record of the session, that the executive session was held in violation of the open meetings law. If a court finds an executive session to have been held in contravention of the open meetings law, requires the record of the session to be open to public inspection. Authorizes an award of court costs and attorney fees to the prevailing party if the court finds that:

An applicant seeking access to the record of an executive session failed to show grounds sufficient to support a reasonable belief that the executive session was held in violation of the open meetings law; and
The action was frivolous, vexatious, or groundless.

Requires a state or local public body to include in the public announcement made by the body concerning the topic for discussion in the executive session the following information:

A reference to the specific statutory citation that authorizes the body to conduct an executive session; and
The identification of the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session was authorized.

Clarifies that despite the prohibition against taking any formal action in an executive session, a public body may review, approve, and amend the minutes of an executive session during an executive session.

Specifies that state or local public bodies are not authorized to meet in an executive session to discuss personnel matters that:

Concern a member of the state or local public body or an elected official;
Concern the appointment of a person to fill the office of a member of the state or local public body or an elected official; or
Do not require the discussion of matters personal to particular employees.

For purposes of records submitted by or on behalf of an applicant or candidate for an executive position, eliminates the requirement that an applicant or candidate who is not a finalist make a written request to avoid release of said records to the public. Modifies the definition of "finalist" to:

Specify that a finalist is an applicant or candidate for an executive position as the chief executive officer of a state agency, institution, or political subdivision or agency therefor;
Eliminate from the definition those applicants or candidates who are chosen for an interview or who are still being considered after a certain period;
Specify that a finalist is a member of the final group of applicants or candidates required by law to be made public; and
Specify that if 3 or fewer applicants or candidates for the chief executive officer position qualify for the position, said applicants or candidates are considered finalists.

Requires any person who is denied access to an alleged public record to file a written notice of intent to file an application with the district court with the custodian of the record at least 3 business days prior to filing said application. Authorizes an award of court costs and reasonable attorney fees to the prevailing applicant in an action to compel the custodian of public records to permit the inspection of the records in the event the court finds that the denial of the right to inspect was improper. Authorizes an award of court costs and reasonable attorney fees to the custodian of public records in an action to compel the custodian to permit the inspection of the records in the event the court finds that the denial of the right to inspect was proper and the action was frivolous, vexatious, or groundless. Prohibits an award of court costs and attorney fees to a person seeking access to the records of a state or local public body that the person has sued if the court finds that the records being sought are related to the pending litigation and can be obtained through the discovery process authorized by the Colorado rules of civil procedure. Eliminates the personal liability of a custodian who denies the right of inspection of a public record.

Authorizes the official custodian of records of a public body who is unable, in good faith, after exercising reasonable diligence and making reasonable inquiry, to determine if disclosure of a public record is prohibited to apply to the local district court for a determination concerning whether disclosure of the record is prohibited. Specifies that in such cases, if the court finds that the custodian, in good faith, after exercising reasonable diligence and making reasonable inquiry, was unable to determine if disclosure of the public record was prohibited without a ruling by the court, attorney fees shall not be awarded regardless of the outcome of the application.

Specifies that for purposes of certain provisions of the public records act and the open meetings law, the members of the Colorado reapportionment commission are considered to be elected officials.

Clarifies that, except for records that are trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data, all information, including conclusions and underlying research data from studies, reports, published papers, and documents, used by an agency in the development of or as the basis for a proposed rule constitutes a public document open for public inspection.

H.B. 01-1372 Cañon City real property - special operations response team facility - authorization of sale - appropriation. Authorizes and directs the executive director of the department of corrections (DOC) to terminate all leases and other agreements between DOC and the department of military affairs with respect to a parcel of land and a building in Cañon City currently used by DOC's special operations response team and to sell the land and building to the city of Cañon City for $240,000 for administrative purposes.

Appropriates $240,000 from the capital construction fund to the department of corrections for the construction of a new facility for the special operations response team at the east Cañon City prison complex.

APPROVED by Governor May 31, 2001
EFFECTIVE May 31, 2001

H.B. 01-1381 Utility cost-savings measures - state agencies - analysis and recommendations - cost-savings contracts - criteria - financing - assessment by Colorado housing and finance authority - local governments and special districts - guarantee of cost savings - deposit requirements - time of payment - reporting. Permits any state agency to enter into a contract for an analysis and recommendations pertaining to energy conservation measures that would significantly increase utility cost savings and operation and maintenance cost savings in buildings or other facilities owned or rented by the state agency. Authorizes payment for the analysis and recommendations from moneys appropriated to the state agency for operating expenses or utilities or for the deferral of such payment into a subsequent utility cost-savings contract.

Allows a state agency to enter into a utility cost-savings contract if the energy analysis and recommendations indicate that annual payments for utility cost-savings measures are expected to be equal to or less than the sum of utility and operation and maintenance cost savings achieved by implementation of such measures and the state personnel director or the director's designee approves such analysis and recommendations.

Permits a utility cost-savings contract to include lease-purchase or other authorized financing agreements. Exempts such lease-purchase agreements from legislative authorization requirements. Exempts such contracts from statutory requirements related to construction contracts with public entities and construction bidding for public projects.

Allows any savings realized from a utility cost-savings contract to be transferred by the state agency from a utilities item of appropriation to an operating expense item for the purposes of making an annual payment on a lease-purchase agreement under such contract. Provides that such a contract shall not constitute or give rise to an indebtedness within the meaning of any constitutional or statutory debt limitation.

Modifies terminology in the local government energy conservation measures law to conform with the provisions governing utility cost-savings measures for state buildings as follows:

Changes references to an "energy conservation measure" to a "utility cost-savings measure" and expands the definition of that term by adding certain measures;
Instead of specifying that energy conservation measures must reduce energy consumption, specifies that utility cost-savings measures must increase utility cost savings and operation and maintenance cost savings;
Defines "utility cost-savings contract" to include both energy performance contracts and cost-savings contracts;
Expands the definition of "energy performance contract", specifies that utility cost savings and operation and maintenance cost savings are utilized in calculating savings under such a contract, and limits the maximum term of such a contract to 25 years.

Requires the Colorado housing and finance authority, acting through the E-Star Colorado program, to submit to the governor and the general assembly by December 31, 2001, an assessment of existing energy conservation and efficiency programs and standards established by governmental and private entities.

Specifies that the board of a political subdivision ("board") may enter into a utility cost-savings contract with the entity or person who performed the energy analysis and provided the recommendations.

Specifies that an energy performance contract must require the party contracting with the local government to provide a written guarantee of the cost savings for the first 3 years of the contract instead of the entire term. Eliminates the requirement of a deposit of an amount equal to the guaranteed savings of energy costs for the first year of the contract. Subject to a specified exception, requires that remaining payments under the contract be made within 12 years, instead of 10 years, from the date of the execution of the contract.

Modifies the board's annual reporting requirement of energy consumption reductions and savings by requiring this report for the first 2 years of the contract.

Adds special districts to those political subdivisions that may utilize utility cost-savings measures.

H.B. 01-1385 State capitol buildings group - master plan - request for qualifications - steering committee - consulting committee. Requires the department of personnel to issue a request for qualifications for the purpose of contracting with a consultant to develop a space/site utilization master plan for the use and development of the buildings, office space, and parking facilities in the state capitol buildings group. Specifies that the department shall supervise and direct the consultant's work.

Specifies certain information the consultant shall evaluate in developing the master plan. Describes the recommendations, standards, and criteria that the master plan must include.

Creates the master plan steering committee consisting of members from the executive, legislative, and judicial departments. Directs the steering committee, in consultation with the department of personnel, to select the consultant that will develop the master plan. Requires the steering committee to meet with the consultant periodically. Authorizes the steering committee to make recommendations on and propose revisions to the master plan, provide information to the consultant, and assist with the coordination of and communication between the state agencies occupying office space in the state capitol buildings group.

Creates a consulting committee appointed by the executive director of the department of personnel made up of professional persons from the private or public sector having expertise in office space planning, land use planning, office building architecture and engineering, office building construction, parking facility design and construction, and real estate leasing and development. Directs the master plan steering committee to submit a final draft of the master plan to the consulting committee. Authorizes the consulting committee to make recommendations on and propose revisions to the master plan to the master plan steering committee.

Requires completion and submittal of the master plan to the capital development committee and the joint budget committee by January 1, 2003, for review, recommendation, and approval. Specifies that after approval of the master plan, plans for a capital construction project relating to buildings, office space, or parking facilities in the state capitol buildings group shall be subject to review by the executive director of the department of personnel for purposes of the process for approval of capital construction projects and long-range planning.

Creates the space/site utilization master plan fund for funding the development of the master plan.

VETOED by Governor June 5, 2001

H.B. 01-1400 Cash funds - limit on uncommitted reserves - waiver of target reserve requirement. Authorizes the general assembly to grant a waiver of any cash fund target reserve requirement for fiscal years beginning on or after July 1, 2000, rather than July 1, 2002.

Allows a one time waiver of the target reserve requirement for the fiscal year commencing on July 1, 2000, and ending June 30, 2001, for the following cash funds:

The educator licensure cash fund;
The supplier database cash fund;
The emergency services medical services account of the highway users tax fund;
The wildlife cash fund; and
The historical society enterprise services fund.

APPROVED by Governor June 1, 2001
EFFECTIVE June 1, 2001

H.B. 01-1403 Treasurer - depository institutions - charges. Allows the state treasurer to pay, without the need for an appropriation, charges made by depository institutions for the payment, disbursement, and reconciliation of moneys, including alternative forms of payment such as electronic transactions.

APPROVED by Governor June 5, 2001
EFFECTIVE June 5, 2001

H.B. 01-1409 Real property - authorization to purchase land and buildings at 1570 Grant Street in Denver. Authorizes the purchase of the real property and buildings located at 1570 Grant Street in Denver. Appropriates $5 million to the department of personnel for the purchase of this property and for costs associated with the initial occupancy of the property. Increases by $2,139,469 the transfer from the general fund to the capital construction fund on July 1, 2000, and reduces by $2,139,469 a capital construction appropriation for a department of revenue project for the purpose of making the appropriation.

Provides that section 3 of the act shall only take effect if Senate Bill 01-232 becomes law.

APPROVED by Governor June 5, 2001
EFFECTIVE June 5, 2001
NOTE: Senate Bill 01-232 was signed by the Governor on June 5, 2001.