S.B. 02-38 Public buildings - United States flag and representations - proper display - exception - affirmative defense. Prohibits the chief administrative officer of any state institution, school, or court facility from permitting the display of any depiction or representation of a United States flag that does not comply with federal standards for the display of United States flags and if the display is intended for public view and permanently affixed to any part of the building or grounds of the institution, school, or court facility.
Creates an exception to this prohibition for any temporary display of instructional or historical materials not permanently affixed to the buildings or grounds. Creates a similar affirmative defense to a prosecution for the petty offense of unlawful display of a flag other than the United States or state flag in or on public buildings or grounds.
APPROVED by Governor April 19, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
S.B. 02-52 Waste tire recycling development cash fund - reallocation of moneys. Repeals provisions allocating to the Colorado commission on higher education certain moneys appropriated to the department of local affairs from the waste tire recycling development cash fund. Allows such moneys to be expended for partial reimbursement for processors and end users of waste tires, effective July 1, 2002.
APPROVED by Governor April 12, 2002
EFFECTIVE July 1, 2002
S.B. 02-53 Cesar Chavez day - legal holiday - refer to voters. Designates the 31st day of March as a legal holiday for observing the birthday of Cesar Estrada Chavez as "Cesar Chavez day".
Refers the act to the voters at the 2002 general election.
S.B. 02-105 Aviation - immunity for public backcountry landing facilities - department of revenue sharing information regarding fuel taxes collected with aeronautics division. Excludes from the waiver of sovereign immunity any backcountry landing facility that is located in whole or in part within any park or recreation area maintained by a public entity.
Requires the executive director of the department of revenue to provide the aeronautics division with information pertaining to taxes collected on gasoline or fuel used in aviation. Specifies that the department of revenue shall only release information regarding the portion of the tax revenues that will be credited to the aviation fund, and any information provided shall remain confidential.
APPROVED by Governor March 22, 2002
EFFECTIVE March 22, 2002
S.B. 02-106 Public employees' retirement association - conformance with federal law. Conforms certain provisions of the public employees' retirement association (PERA) law with the federal "Economic Growth and Tax Relief Reconciliation Act of 2001" as follows:
APPROVED by Governor March 27, 2002
EFFECTIVE March 27, 2002
S.B. 02-108 Capital construction fund - additional transfer from the general fund during FY 2001-02. Transfers $45,800,355 from the state general fund to the capital construction fund upon the effective date of the act to achieve the amount of reductions in the funding of capital projects prescribed by Senate Bill 01S2-023 enacted during the 2nd extraordinary session of the 63rd general assembly to address the anticipated revenue shortfall for the 2001-02 state fiscal year.
VETOED by Governor March 1, 2002
S.B. 02-122 Motorcycle operator safety training fund - exemption from limitation on uncommitted reserves - motorcycle registration surcharge. Exempts the motorcycle operator safety training fund from limitations on the amount of uncommitted reserves that may be maintained by state agencies in cash funds.
Extends indefinitely the provision increasing the surcharge on registration of a motorcycle or motorscooter from $2 to $4.
APPROVED by Governor April 5, 2002
EFFECTIVE April 5, 2002
S.B. 02-142 Obsolete provisions - general fund revenues - repeal. Repeals or amends obsolete provisions in the Colorado Revised Statutes concerning general fund revenues in past fiscal years.
APPROVED by Governor June 1, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
S.B. 02-144 Open meetings and public records - exemption - proposals to honor individuals submitted to higher education institutions. Authorizes the governing board of a state institution of higher education and any committee thereof to meet in an executive session for consideration of nominations for the awarding of honorary degrees, medals, and other honorary awards by the institution and for consideration of proposals for the naming of a building or a portion of a building for a person or persons.
Specifies that the custodian of records is to deny the right of inspection of records relating to nominations for the awarding of honorary degrees, medals, and other honorary awards by a state institution of higher education, proposals for the naming of a building or a portion of a building for a person or persons, and any records submitted in support of such nominations and proposals.
APPROVED by Governor March 22, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
S.B. 02-145 Public employees' retirement association - employment of retirees as classroom teachers or principals. Allows a retiree of the public employees' retirement association (PERA) to be employed as a classroom teacher or principal in specified circumstances after retiring without forfeiting retirement benefits from PERA during such employment. Specifies that the retiree must work in a school district with fewer than 4,500 students that has adopted a resolution declaring a critical shortage of teachers or principals, or must work for the Colorado school for the deaf and blind. Specifies requirements for the school district to declare a critical shortage.
Makes teachers and principals eligible to participate in the school district's health plan and prohibits receipt of a health care premium subsidy from PERA during their employment. Specifies that employer contributions shall be made to PERA on all salary paid to retirees during their employment. Prohibits recalculation of the retiree's benefits upon termination of employment as a teacher or retiree.
APPROVED by Governor April 3, 2002
EFFECTIVE April 3, 2002
S.B. 02-151 Affordable housing - database of projects to be made no longer affordable. Directs the division of housing to maintain a database of publicly-assisted housing projects on which it has received notice that the owner intends to convert the project to commercial use, increase the rent to an amount exceeding the affordability restrictions on the project, or withdraw from or choose not to renew an available federally funded project-based rental assistance contract. Requires the division to provide information about the database to owners of publicly-assisted housing projects and to encourage them to give notice to the division 120 days before taking action that would make the property no longer affordable.
APPROVED by Governor May 6, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
S.B. 02-181 Governmental immunity of parole release hearing officers. Specifies that for purposes of the "Colorado Governmental Immunity Act", a parole release hearing officer utilized in the release hearing officers pilot program conducted by the department of corrections and the state board of parole is a public employee when engaging in activities that are within the course and scope of his or her responsibilities as a release hearing officer.
APPROVED by Governor May 24, 2002
EFFECTIVE May 24, 2002
S.B. 02-231 Public officials' and employees' defined contribution plan - state deferred compensation committee - membership - administration of plan. Eliminates the public officials' and employees' defined contribution retirement committee and transfers the authority to establish and administer the public officials' and employees' defined contribution plan (defined contribution plan) from the state defined contribution retirement committee to the state deferred compensation committee. Modifies the membership of the state deferred compensation committee to include a member of the defined contribution plan.
Specifies the circumstances in which investments purchased under the deferred compensation plan shall not be assignable or subject to legal process.
Relocates the article governing the defined contribution plan to a new part in the article governing the state deferred compensation committee. Makes a declaration that the defined contribution plan is offered as an alternative to participating in the public employees' retirement association for specified public officials and employees.
Requires the deferred compensation committee to maintain at least one defined contribution plan on and after July 1, 2002. Requires more than one separate and distinct provider of investment products to be selected for each defined contribution plan. Authorizes the committee to assess a fee for the costs of administering the plan. In addition to assessing such fee, allows the committee to contract with a vendor to pay all or a portion of the costs associated with the plan. Eliminates the requirement that providers service their accounts and pay fees to service and administer the plan.
States that the defined contribution plan shall be governed subject to the same specified powers, responsibilities, and protections set forth for the administration of the deferred compensation plan. Allows participants in the deferred compensation plan and the defined contribution plan to invest in the same investment products. Authorizes the deferred compensation committee to establish a single 401(a) plan for more than one group of participants.
APPROVED by Governor June 1, 2002
EFFECTIVE July 1, 2002
S.B. 02-233 Compensation for state troopers. Clarifies that, for the purposes of determining and maintaining compensation for state troopers employed by the Colorado state patrol, the nonsalary elements of prevailing total compensation shall be the same as for all other state employees.
APPROVED by Governor June 1, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1015 Modify the method used to determine the general fund surplus. For state fiscal years commencing on or after July 1, 2002, requires an amount of general fund revenues that is designated as excess state revenues that is equal to the lesser of the total amount of general fund revenues in excess of the amount needed to fund general fund obligations for the current year or twenty-five million dollars to be reserved in the year in which it is accrued. Authorizes the expenditure of revenues so reserved only if the general assembly by law requires the state to resume the use of the accrual system of accounting, as enunciated by the governmental accounting standards board, to determine the general fund surplus. Defines "general fund obligations".
APPROVED by Governor June 1, 2002
EFFECTIVE June 1, 2002
H.B. 02-1051 Employers - civil restraining order to protect employees - time off for victim employees - domestic violence. Authorizes a judge or magistrate who finds that imminent danger exists to the employees of a business entity, to issue a civil restraining order in the name of the business for the protection of its employees.
Requires employers to allow an employee to take up to 3 days off from work in any 12-month period, whether paid or unpaid, if the employee is the victim of domestic abuse, stalking, sexual assault, or any other crime involving domestic violence. Applies only if the employee is using the leave from work to protect himself or herself by seeking a civil restraining order to prevent domestic abuse, by obtaining medical care and mental health counseling for the employee or his or her children, by making his or her home secure from the perpetrator of said act or crime by seeking new housing, or by seeking legal assistance or attending and preparing for court-related proceedings arising from said act or crime.
Except in cases of imminent danger to the health or safety of the employee, requires the employee to provide the employer with advance notice of a request for time off for such purposes, as provided by the employer's policy, and with such documentation as may be required by the employer. Unless otherwise waived by the employer, further requires the employee, prior to receiving such leave, to exhaust any and all annual or vacation leave, personal leave, and sick leave, if applicable, that may be available to the employee. Directs the employer to maintain the confidentiality of such information.
Makes it unlawful for an employer to interfere with, restrain, or deny the exercise of or any attempt to exercise said rights. Makes it unlawful for an employer to discharge or otherwise discriminate against any individual for exercising such rights. Clarifies that an employee shall have no greater rights to continued employment or other benefits and conditions of employment than if he or she was not entitled to such leave. Specifies that an employer is not limited from disciplining or terminating an employee for any reason, other than exercising the rights permitted by the act.
Specifies that the sole remedy for a person aggrieved by a violation of this act shall be a civil lawsuit for damages or equitable relief or both in district court.
APPROVED by Governor April 19, 2002
EFFECTIVE April 19, 2002
H.B. 02-1056 Relocation assistance and land acquisition policies - real property acquisition policies - exemption. Exempts any agency or political subdivision of the state that acquires real property for a program or project for which federal financial assistance will be available from the rural utilities service of the United States department of agriculture for all or any part of such program or project from the real property acquisition policies of the Colorado relocation assistance and land acquisition policies act.
APPROVED by Governor March 21, 2002
EFFECTIVE July 1, 2002
H.B. 02-1146 Public records - creation of privacy policies by governmental entities. Directs each governmental entity of the state to create a privacy policy for the purpose of standardizing within such governmental entity the collection, storage, transfer, and use of personally identifiable information by such governmental entity. Specifies that the privacy policy of each governmental entity shall address, but shall not be limited to, the following:
States that any governmental entity that operates a world wide web site as of August 7, 2002, shall publish its privacy policy on such web site no later than July 1, 2003. States that any governmental entity that does not operate a web site as of the effective date of this act and begins operation of a web site before July 1, 2003, shall publish its privacy policy on its web site by July 1, 2003. Specifies that in no event shall a governmental entity be permitted to operate a web site after July 1, 2003, without first establishing a privacy policy.
APPROVED by Governor May 30, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1167 Notice to victims of crime - available funds. Allows the probation department to use state general fund moneys to pay the costs of notifying a crime victim about the probation status of any person who was charged with or convicted of a crime against the victim.
APPROVED by Governor March 26, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1217 Public investment - securities issued by public entities. Allows public funds to be invested in securities issued by the state of Colorado or any political subdivision, institution, department, agency, instrumentality, or authority of the state if such security is rated in one of its 3 highest rating categories by one or more nationally recognized organizations that rate such issuers, and if such security is secured by a pledge of loans, loan participations, or other assets that are insured or guaranteed by the United States or other federal entity. Permits investments in such securities notwithstanding maturity dates greater than 5 years.
APPROVED by Governor April 12, 2002
EFFECTIVE April 12, 2002
H.B. 02-1226 State employees - authorization for employee assistance program - services offered - participation limitations - funding sources - appropriation. Authorizes the state personnel director to establish and operate a state employee assistance program to provide services to state employees and their employers. Specifies that such services may include, without limitation:
Limits participation in the program to state agencies or institutions that make contributions for participation in the program, but allows employees of such agencies and institutions to participate in the program. Allows state agencies and institutions that do not contribute to the program to participate in the event of a crisis or emergency situation in the workplace. Precludes participation in the program by dependents of employees.
Specifies that if an employee assistance program is established, the program shall be set forth in procedures adopted in accordance with the administrative procedures act, and requires said procedures to include the services to be offered, eligibility guidelines, and funding sources for the program.
Specifies that for the fiscal year 2003-04 and future fiscal years, funding sources may include, but need not be limited to, the group benefit plans reserve fund, the risk management fund, and interest derived from the investment of said funds. Authorizes expenditures from the risk management fund to cover the costs of an employee assistance program.
Specifies that for the fiscal year 2002-03, the employee assistance program is to be funded through a combination of the following resources as determined by the state personnel director:
Appropriates $364,060 and 4.5 FTE to the department of personnel for the employee assistance program and allocates the appropriation as follows:
Makes adjustments to the long bill relating to the funding of the state employee assistance program.
APPROVED by Governor May 30, 2002
EFFECTIVE May 30, 2002
H.B. 02-1231 Department of regulatory agencies - civil rights division - continuation of subpoena powers under sunset law. Requires that the subpoena powers granted to the director of the Colorado civil rights division in the department of regulatory agencies in cases relating to allegations of unfair employment practices be reviewed by the department of regulatory agencies when the department conducts its sunset review of the Colorado civil rights division.
Extends such subpoena powers to July 1, 2009, pursuant to the provisions of the sunset law.
APPROVED by Governor March 26, 2002
EFFECTIVE March 26, 2002
H.B. 02-1315 Terrorism - office of preparedness, security, and fire safety - creation - powers - terrorist preparedness plans - division of fire safety - rules - state facility security fund - open records law - appropriation. Creates the office of preparedness, security, and fire safety as a division within the department of public safety. Creates the position of director of the office.
Grants to the office of preparedness, security, and fire safety the power to:
Directs the office of preparedness, security, and fire safety to create and implement terrorist preparedness plans. States that such plans are not subject to inspection under the open records law. Requires such plans to include:
Authorizes the office of preparedness, security, and fire safety to seek advice and assistance from other public and private entities. Empowers the office to perform certain functions in connection with its duties. Establishes qualifications and job duties for the director of the office. Specifies that all available sources of moneys be pursued to help defray the costs of creating and operating the office.
Directs the office of preparedness, security, and fire safety to provide advice, assistance, and training to state and local government agencies in the development and implementation of terrorism preparedness plans. Directs the office to provide oversight of terrorism preparedness plans developed and implemented by state and local government agencies. States that the oversight function shall not usurp the authority of state and local agencies. Requires state and local government agencies that develop terrorism preparedness plans to submit copies to the office. Authorizes the office to distribute any federal or other funds to local government agencies.
Directs the director of the office of preparedness, security, and fire safety to perform duties in connection with the creation and implementation of the terrorism preparedness plan and the prevention and detection of terrorist training activities. Authorizes the director to promulgate rules regarding the creation and implementation of the terrorism preparedness plan, security of state personnel and property, and continuity of state government operations. States that the powers of the director shall not usurp the powers of other law enforcement and fire protection agencies. Grants to the director the protections, defenses, and immunities provided for peace officers.
Transfers the division of fire safety from the department of public safety to the office of preparedness, security, and fire safety. Directs the division of fire safety to:
Directs the division of fire safety, subject to the availability of federal funds, to prepare a statewide mobilization plan for the deployment of firefighting, emergency medical, and urban search and rescue resources in the event of a disaster that requires more resources than available under existing interjurisdictional agreements.
Creates the office of anti-terrorism planning and training within the office of preparedness, security, and fire safety. Creates the position of manager of anti-terrorism planning and training.
States the intent of the general assembly that all available resources, including federal and private funds, be pursued to help defray the costs associated with the office of preparedness, security, and fire safety.
Directs state departments and agencies to ensure compliance with rules adopted by the office of preparedness, security, and fire safety on security of state personnel and property and continuity of state government operations. Requires other agencies of state government to provide advice and assistance to the office regarding these rules.
Creates the state facility security fund, which shall contain funds appropriated by the general assembly and gifts or donations to the state for the purpose of implementing the rules on security of state personnel and property and continuity of state government operations. Provides for the allocation of moneys in the fund to state departments or agencies for the purpose of implementing the rules.
States that specialized details of security arrangements or investigations are not subject to inspection under the open records law. Specifies that such records may be disclosed to the office of preparedness, security, and fire safety, to local governments, and to law enforcement agencies; except that such records received from a nongovernmental entity may not be disclosed without the prior written consent of such entity, unless the information is already publicly available. States that records received by the office or by a state agency or local government on its behalf constitute specialized details of security arrangements for purposes of the open records law.
States that the general assembly anticipates that for the fiscal year beginning July 1, 2002, the office of preparedness, security, and fire safety shall receive $325,325 and 3.0 FTE in federal funds.
Adjusts the 2002 general appropriation act by:
States that although federal funds are not appropriated by this act, they are noted for the purpose of indicating the assumptions used relative to these funds in developing the state appropriation amounts.
APPROVED by Governor June 3, 2002
EFFECTIVE June 3, 2002
H.B. 02-1326 Uniform electronic transactions act - appropriation. Adopts the "Uniform Electronic Transactions Act" ("Act") to govern electronic records and electronic signatures relating to specified transactions. Specifies the electronic records and electronic signatures to which the Act does and does not apply. Provides that the Act applies only to transactions between parties that have agreed to conduct transactions by electronic means. Allows specified provisions of the Act to be varied by agreement. Incorporates by reference certain consumer disclosures required pursuant to federal law.
Requires the Act to be construed to facilitate electronic transactions consistent with other laws, to be consistent with reasonable practices concerning electronic transactions, and to make uniform the law among the states enacting it.
Specifies that:
When a transaction is conducted by electronic means and the law requires information to be provided, sent, or delivered in writing, specifies the circumstances under which an electronic record may be used. Establishes requirements when the law requires a record to be posted or displayed in a certain manner; to be sent, communicated, or transmitted by a specified method; or to contain information that is formatted in a certain manner.
Specifies the following:
Authorizes the secretary of state to raise fees to cover maintenance expenses and improvements necessary for the distribution of electronic records. Repeals the "Government Electronic Transactions Act". Defines relevant terms.
Appropriates $398,598 and 3.0 FTE to the secretary of state for implementation of the Act, contingent upon the secretary of state being able to raise the first $200,000 of such amount by gifts, grants, or donations.
APPROVED by Governor May 30, 2002
EFFECTIVE May 30, 2002
H.B. 02-1327 Capital construction fund - sales and use tax allocations to the highway users tax fund - appropriations. Upon the effective date of this act, transfers from the capital construction fund to the general fund:
For the 2001-02 state fiscal year, requires that net revenue from sales and use tax that would have otherwise been allocated to the highway users tax fund be allocated to the general fund.
Appropriates $83,187,599 from the general fund to the capital construction fund. Appropriates $35,179,062 from the general fund to the highway users tax fund.
VETOED by Governor March 1, 2002
H.B. 02-1328 Older Coloradans program - modified funding sources - appropriation. Eliminates the transfer of state sales and use tax revenues during the 2001-02 fiscal year to the older Coloradans cash fund. Specifies that the fund may also consist of moneys appropriated to the fund by the general assembly.
Appropriates $3,000,000 from the general fund to the older Coloradans cash fund and the department of human services for the older Coloradans cash fund.
VETOED by Governor March 1, 2002
H.B. 02-1333 Reporting requirements - to general assembly - departments of revenue and natural resources - repeal. Eliminates existing requirements contained in title 39, Colorado Revised Statutes, for the following periodic reports to the general assembly:
Designates new recipients for periodic reports regarding contributions to the Colorado child care improvement fund.
APPROVED by Governor May 30, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1335 Reporting requirements to the general assembly - public utilities commission - Colorado commission for the deaf and hearing impaired - Colorado disabled users fund - repeal. Eliminates existing requirements to the general assembly or committees thereof for the following periodic reports:
APPROVED by Governor April 12, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1336 Reporting requirements - to general assembly - RTD, stadium districts, scientific and cultural facilities - repeal. Eliminates existing requirements, contained in titles 30 to 32, Colorado Revised Statutes, for the following periodic reports to the general assembly:
APPROVED by Governor May 30, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1341 Reporting requirements - to general assembly - transportation and regulation of motor vehicles - repeal. Eliminates existing requirements contained in titles 41 to 43, Colorado Revised Statutes, for the following periodic reports to the general assembly:
Designates new recipients for certain other reports to the general assembly.
APPROVED by Governor May 30, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1342 Open meetings and public records - persons entitled to obtain public records - electronic recording of open meetings. Clarifies that for purposes of the public records act, "person" and "natural person" include any public employee and any elected or appointed public official acting in an official or personal capacity.
Specifies that for purposes of the open meetings law, if a public body electronically recorded the minutes of its open meetings on or after August 8, 2001, the public body shall continue to electronically record the minutes of its open meetings that occur on or after said date. Allows an exception to this requirement for 2 successive meetings of the public body if the regularly used electronic equipment is inoperable.
APPROVED by Governor May 24, 2002
EFFECTIVE May 24, 2002
H.B. 02-1346 State mineral - rhodochrosite. Designates rhodochrosite as the state mineral of the state of Colorado.
APPROVED by Governor April 17, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1347 Cash funds - limit on uncommitted reserves - exemption. Excludes the workers' compensation cash fund and the workers' compensation cost containment fund from the statutory limitation on the amount of uncommitted reserves that may be retained in a cash fund.
APPROVED by Governor May 24, 2002
EFFECTIVE May 24, 2002
H.B. 02-1352 Reporting requirements - to general assembly - departments of agriculture, corrections, human services, local affairs, natural resources, personnel, public health and environment and the bingo-raffle board - repeal. Eliminates existing requirements contained in titles 33 to 37, Colorado Revised Statutes, for the following periodic reports to the general assembly:
Designates new recipients for certain other reports to the general assembly.
APPROVED by Governor May 30, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1357 Notification of surface development to owners of severed mineral estates. Specifies that an application for zoning or rezoning, a change of use for an existing structure, a boundary adjustment, platting of an additional single lot, or a lot site plan, or an application with respect to electric lines, natural gas pipelines, steam pipelines, chilled and other water pipelines, or appurtenances to said lines or pipelines is not an application for development that triggers a requirement that the applicant provide notice of the initial development application hearing held by a local government to the mineral estate owner. Clarifies the definition of "mineral estate" by specifying that a mineral estate is a mineral interest in real property that is shown by the real estate records of the county in which the real property is situated and that is not owned as part of the full fee title to the real property.
Specifies that an applicant who files more than one application for development for the same new surface development with a local government shall only be required to send notice to the mineral estate owner of the initial public hearing scheduled for the first application for development to be considered by the local government. Requires the applicant to provide such notice only to mineral estate owners whose address of record can be found in the records of the county clerk and recorder. Requires local governments to provide notice of subsequent hearings to mineral estate owners who have requested such notice pursuant to existing statutory provisions regarding open meetings.
Requires a mineral estate owner who has received notice as the owner of the mineral estate of a public hearing with respect to an application for surface development to notify a prospective buyer of the mineral estate of the existence of the application before completing the sale of the mineral estate. Allows any surface owner who is required to provide notice of an initial public hearing on an application for development to the mineral estate owner or an agent thereof to rely on a listing of such parties prepared by a certified professional landman certified by the American association of professional landmen in providing such notice.
APPROVED by Governor May 30, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1389 Capital construction fund - highway users tax fund - transfers - appropriations. Transfers $37,500,755 from the capital construction fund to the general fund. For the 2001-02 state fiscal year, requires that net revenue from sales and use tax that would have otherwise been allocated to the highway users tax fund be allocated to the general fund.
Appropriates $83,187,599 from the general fund to the capital construction fund. Appropriates $35,179,062 from the general fund to the highway users tax fund. Specifies that these general fund appropriations are subject to the statutory limitation on general fund appropriations.
APPROVED by Governor March 27, 2002
EFFECTIVE March 27, 2002
NOTE: The effective date section of this act provided that this act is effective upon passage only if House Bills
02-1366 through 02-1394 are enacted and become law. Said bills were signed by the Governor March 27, 2002.
H.B. 02-1391 Augmentation of general fund for FY 2001-02 - transfers from cash funds - restoration of transferred funds. For purposes of augmenting the amount of revenues in the state general fund for the 2001-02 state fiscal year, requires the state treasurer to transfer the following amounts of moneys from the specified funds to the state general fund:
On June 30, 2002, requires the state treasurer to transfer to the species conservation trust fund the amount of reversions to the general fund for the 2001-02 fiscal year or an amount of such reversions equal to $2,500,000, whichever is less. Effective February 1, 2003, depending on the availability of sufficient general fund revenues in any given fiscal year, requires the state treasurer to make transfers from the state general fund to certain funds in the following priority to restore the amounts or portion thereof transferred from those funds during the 2001-02 state fiscal year to augment the state general fund:
APPROVED by Governor March 27, 2002
EFFECTIVE March 27, 2002
NOTE: The effective date section of this act provided that this act is effective upon passage only if House Bills
02-1366 through 02-1394 are enacted and become law. Said bills were signed by the Governor March 27, 2002.
H.B. 02-1392 Unclaimed property trust fund - use for administrative costs - one-time transfer for CoverColorado. For the 2001-02 and future fiscal years, requires the general assembly to appropriate moneys from the principal of the unclaimed property trust fund, rather than from the general fund, to the department of the treasury to cover the direct and indirect costs of administering the unclaimed property program. Specifies that any moneys so appropriated to the department for administrative costs constitute fiscal year spending for purposes of section 20 of article X of the state constitution.
Requires the state treasurer to transfer $14,300,000 in the unclaimed property trust fund to the general fund and $1,700,000 from the unclaimed property trust fund to the CoverColorado cash fund for use in the 2001-02 fiscal year. Amends the 2001 general appropriations act to decrease the general fund appropriation to the department of treasury for the administration of the unclaimed property program by $865,051 and to make an appropriation of $865,051 for the administration of such program from the unclaimed property trust fund.
APPROVED by Governor March 27, 2002
EFFECTIVE March 27, 2002
NOTE: The effective date section of this act provided that this act is effective upon passage only if House Bills
02-1366 through 02-1394 are enacted and become law. Said bills were signed by the Governor March 27, 2002.
H.B. 02-1394 State TABOR emergency reserve - designation. For purposes of designating state moneys to constitute the state emergency reserve for the 2001-02 fiscal year, on and after March 27, 2002:
APPROVED by Governor March 27, 2002
EFFECTIVE March 27, 2002
NOTE: The effective date section of this act provided that this act is effective upon passage only if House Bills
02-1366 through 02-1394 are enacted and become law. Said bills were signed by the Governor March 27, 2002.
H.B. 02-1395 Public records - military records - limited inspection rights. Specifies that, in accordance with federal law and requirements of the national archives and records administration, the county clerk and recorder shall deny the public the right to inspect military records filed with the county clerk and recorder's office that relate to a member of the military's separation from service, including the form DD214 issued to a member of the military upon separation from service. Requires the county clerk and recorder to make such records available to:
Specifies that on or after July 1, 2002, any county clerk and recorder that accepts such military records for filing shall maintain the records in a manner that ensures the records will not be available to the public for inspection except as authorized by law. Clarifies that the provisions of the act shall not prohibit a county clerk and recorder from taking appropriate protective actions with regard to such military records filed or placed in storage by the county clerk and recorder prior to July 1, 2002, in accordance with any limitations determined necessary by the county clerk and recorder. Shields the county clerk and recorder and any employees thereof from liability for any damages resulting from the good faith compliance with the provisions of the public records act.
APPROVED by Governor June 1, 2002
EFFECTIVE July 1, 2002
H.B. 02-1403 Boards, commissions, and committees - effect of redistricting based on the 2000 federal decennial census. Requires the appointing authority of the child's representative board, child support commission, alternate defense counsel commission, Colorado commission on higher education, university of Colorado hospital authority board of directors, state board for community colleges and occupational education, state housing board, motion picture and television advisory commission, Colorado land use commission, state board of health, commission on family medicine, medical services board, poison control oversight board, Colorado commission on the aging, Colorado recreational trails committee, and the board of commissioners of the Colorado state fair authority to determine whether the current membership of such boards, commissions, and committees adequately reflects the state's new congressional districts as they exist after changes that occurred as a result of the 2000 federal decennial census, including the addition of a 7th congressional district and changes in the boundaries of the other 6 congressional districts. Empowers the appointing authority to terminate the terms of current members and appoint new members as is necessary to reflect the new congressional districts for such boards, commissions, or committees. Specifies that such terminations and appointments, if any, shall be made no later than January 1, 2003. If the appointing authority is the governor with the consent of the senate, allows the governor alone to determine whether the current appointments reflect the new congressional districts and to terminate members. Establishes that the term of a new appointee who replaces a member on a board, commission, or committee shall expire on the date that the term of the member such new appointee replaced would have expired, and that such term does not count for purposes of determining any applicable term limits on the replacement member.
Permits a member of the state board of the great outdoors Colorado trust fund or the supreme court nominating commission, who no longer resides in his or her designated district as a result of redistricting, to continue serving on such board or commission. Eliminates the requirement that there be one member from each congressional district serving on the banking board.
Requires a member of the state board of education to be elected from the 7th congressional district in the next general election. Allows a member elected at large to continue serving on the state board until the expiration of his or her term, notwithstanding a change to an odd number of districts during such term. Prohibits the state board from appointing a member to fill a vacancy of an at large member's seat if, at the time of such vacancy, there are an odd number of districts. Allows a member of the state board who was elected to office as a resident of a designated congressional district, and who no longer resides in such district as a result of redistricting, to continue to hold office for the remainder of the term for which the member was elected.
Reduces the number of at large representatives on the Colorado land use commission and the Colorado recreational trails committee. Increases the total number of members and the number of members who may be from the same major political party on the Colorado commission on the aging.
APPROVED by Governor June 1, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1441 Controller - department overexpenditures - release restricted amount in excess of overexpenditure. Specifies that when the controller restricts a department's appropriation for the next fiscal year based on an estimate of the amount that the department will need to expend in excess of funds appropriated to the department in the current fiscal year, and the restricted amount exceeds the actual amount of the overexpenditure, the controller is required to release that portion of the restricted amount that exceeds the actual amount of the overexpenditure.
APPROVED by Governor April 30, 2002
EFFECTIVE April 30, 2002
H.B. 02-1442 Additional funds designated as state TABOR emergency reserve for fiscal year 2001-02. Specifies that the principal credited to the unclaimed property trust fund constitutes state fiscal year spending for purposes of section 20 of article X of the state constitution. For purposes of designating state moneys to constitute the state emergency reserve for the 2001-02 fiscal year, on and after May 28, 2002, adds the balances of the subsequent injury fund, the major medical insurance fund, the wildlife cash fund, and unclaimed property trust fund.
APPROVED by Governor May 28, 2002
EFFECTIVE May 28, 2002
H.B. 02-1443 Additional reductions in capital construction funding for fiscal year 2001-02 and fiscal year 2002-03. Reduces the amount of moneys to be transferred from the general fund to the capital construction fund on July 1, 2002, to $9,489,000. Transfers $53,545,000 from the capital construction fund to the general fund on May 28, 2002. Makes conforming amendments to eliminate appropriations from the capital construction fund to the corrections expansion reserve fund for the 2002-03 fiscal year. Reduces the amount of general fund moneys appropriated to the capital construction fund for the 2001-02 fiscal year from $83,187,599 to $78,910,195.
APPROVED by Governor May 28, 2002
EFFECTIVE May 28, 2002
H.B. 02-1444 Additional cash fund transfers to augment state general fund for fiscal year 2001-02. For purposes of augmenting the amount of revenues in the state general fund for the 2001-02 state fiscal year, requires the state treasurer to transfer the following amounts of moneys to the general fund on May 28, 2002:
Repeals transfers of moneys to the general fund from the family support registry fund and the waste tire cleanup fund that were made in error in House Bill 02-1391.
APPROVED by Governor May 28, 2002
EFFECTIVE May 28, 2002
H.B. 02-1445 General fund - revenue shortfall in FY 2001-02 or 2002-03 - use of 4% reserve - transfers to general fund - restoration of funds transferred. For the 2001-02 state fiscal year:
For the 2002-03 state fiscal year, if the June 2002, September 2002, or December 2002 revenue estimates for such fiscal year indicate that general fund expenditures based on appropriations then in effect will result in the use of ½ or more of the statutorily required 4% general fund reserve, requires the governor to either:
Specifies that, in the event of such a transfer in the 2002-03 state fiscal year, all state sales and use tax receipts not allocated to the old age pension fund for such fiscal year shall be allocated to the general fund instead of allocating a portion of such receipts to the highway users tax fund, unless on or after January 1, 2003, sufficient general fund revenues are received by the state to:
APPROVED by Governor April 30, 2002
EFFECTIVE April 30, 2002
H.B. 02-1446 Controlled maintenance trust fund - delayed restoration. Modifies the restoration of moneys transferred from the controlled maintenance trust fund in the 2001-02 fiscal year so that, instead of $276,400,000 being restored to the trust fund in the 2002-03 fiscal year, $138,200,000 is restored to the trust fund in the 2003-04 fiscal year and $138,200,000 is restored to the trust fund in the 2004-05 fiscal year.
APPROVED by Governor April 30, 2002
EFFECTIVE April 30, 2002
H.B. 02-1458 Elections - records - electronic copies of signatures. Prohibits the secretary of state, the department of revenue, and county clerks and recorders from selling, disclosing, or otherwise releasing electronic copies of signatures to anyone but the person in interest or another governmental entity pursuant to its regular functions. Exempts the release of photocopies or microfilmed images of signatures.
APPROVED by Governor June 7, 2002
EFFECTIVE June 7, 2002
H.B. 02-1468 State employees - continuation of increase in group benefit plans contributions - appropriation. Continues the amount of the contribution that the state makes for state employees enrolled in medical benefit plans that was scheduled to be reduced on November 30, 2002. Modifies the time by which the state personnel director is required to recommend that the joint budget committee adjust the state contribution amounts for the next fiscal year.
Allows the joint budget committee to modify the state contribution amounts based on the recommendation of the state personnel director and requires any such adjustments to be implemented through the annual general appropriations act for the next fiscal year. Requires the amount of the monthly contribution per employee, per employee with one covered dependent, and per employee with 2 or more covered dependents to be specified in a headnote in such act.
Increases the appropriation made in the 2002 general appropriation act by $3,000,341 for the implementation of this act and specifies the sources of such increased appropriations. Modifies the appropriation for the 2001-02 fiscal year for the state contributions for health, life, and dental plans for state employees.
BECAME LAW June 8, 2002
EFFECTIVE June 8, 2002
H.B. 02-1475 Expenditures in excess of appropriations - department of corrections - one-time overexpenditure. For the 2001-02 fiscal year, allows the department of corrections to make a one-time expenditure in excess of the amount of the appropriation for the 2001-02 fiscal year for the purchase of pharmaceuticals and the purchase of medical services from other medical facilities under the medical services subprogram for department institutions.
APPROVED by Governor May 28, 2002
EFFECTIVE May 28, 2002
H.B. 02-1477 Personnel system - job evaluation and compensation - performance plan for employees of state supported institutions of higher education. Specifies that the cost-neutral performance plan for employees of each state-supported institution of higher education, the governing boards of each state-supported institution of higher education, or the Auraria higher education center who are included in the state personnel system shall allocate an amount of money for periodic salary increases for such employees that is equal to the amount of money that would have been allocated for salary increases for such employees pursuant to the compensation plan in place for the fiscal year ending June 30, 2001.
Specifies that for any fiscal year in which the general fund appropriation in the annual general appropriations act for periodic salary increases for employees in the state personnel system is different from the amount of general fund moneys necessary to fully fund the performance plan prepared by the department of personnel, each state-supported institution of higher education, the governing boards of each state-supported institution of higher education, and the Auraria higher education center shall adjust the amount allocated for periodic salary increases for employees of such state-supported institution of higher education, the governing boards of such state-supported institution of higher education, and the Auraria higher education center who are included in the personnel system. The amount allocated by each state-supported institution of higher education, the governing boards of each state-supported institution of higher education, and the Auraria higher education center shall be adjusted by a percentage equal to the percentage that represents the difference between the general fund appropriation in the annual general appropriations act for periodic salary increases for employees in the state personnel system who are not employees of a state-supported institution of higher education, a governing board of a state-supported institution of higher education, or the Auraria higher education center and the amount necessary to fully fund the performance plan for such employees.
VETOED by Governor June 7, 2002
H.B. 02-1478 Fiscal policy for the 2001-02 and 2002-03 state fiscal years - general fund reserve - revenue shortfall - transfers from the major medical insurance fund. For the 2001-02 state fiscal year, eliminates the statutorily required general fund reserve.
If the June 2002 revenue estimate for such fiscal year indicates that general fund expenditures based on appropriations then in effect will exceed the general fund revenues available for expenditure, adds the major medical insurance fund to those funds that the state treasurer and the controller, upon the written order of the governor, shall transfer to the general fund, from time to time during the period beginning on June 20, 2002, and ending on June 30, 2002, such amounts as are required to meet general fund appropriations. Requires repayment of moneys transferred from the major medical insurance fund on July 1, 2002.
For the 2002-03 state fiscal year, adds the major medical insurance fund to those funds that may be transferred to the general fund, from time to time during the period beginning on July 1, 2002, and ending on January 1, 2003, to make general fund appropriations and to ensure that the reserve, during that period, will be at least 2%.
APPROVED by Governor May 28, 2002
EFFECTIVE May 28, 2002
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