S.B. 03-33 Management of public records by governmental entities. Requires each state agency, which includes any department, division, board, bureau, commission, institution, or agency of the state, to establish and maintain a records management program that satisfies the procedures established by the executive director of the department of personnel (executive director). Requires each state agency to document the policies and procedures of such program.
Requires each state agency to designate a records liaison officer or officers from the agency's existing personnel. Establishes the following duties for a records liaison officer:
● Coordinating the retention and disposition of the state agency's records with the executive director;
● Reviewing the state agency's records management program to ensure that such program efficiently manages the state agency's records and complies with all state and federal law;
● Establishing an inventory of the state agency's records;
● Establishing retention and disposition schedules for the state agency's records;
● Providing information about the storage of the state agency's records to the executive director; and
● Ensuring adequate security, public access, and proper storage of the state agency's records.
Exempts the department of corrections from instituting a records management program or designating a records liaison officer until July 1, 2008.
Requires every public officer of a state agency to consult every 2 years, beginning on January 1, 2005, with the department of personnel and the attorney general to determine the value of the public records in his or her custody. Permits the storage of public records at storage vendors approved by the executive director.
Authorizes the governor to direct any political subdivision of the state to designate a records administrator to cooperate with and assist and advise the executive director in the performance of the duties and functions concerning state archives and public records and to provide such other assistance and data to the department of personnel.
APPROVED by Governor May 22, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 03-34 State buildings - facility management plans. Requires a state department, agency, or institution that controls a vacant facility to submit a facility management plan to the department of personnel (department) for approval within 30 days after the facility becomes vacant. Defines "vacant" to mean:
● Unoccupied;
● Unused in whole or in part for the purposes for which the improvement was designed, intended, or remodeled; or
● Without current defined plans by the state department, agency, or institution for the next fiscal year.
Specifies that a facility management plan shall include:
● A financial analysis of the possible uses of the vacant facility;
● Plans for the disposal of the vacant facility;
● If there are no plans for disposal of the vacant facility, a plan for the proposed controlled maintenance necessary to avoid the deterioration of the facility; and
● Whether the facility has or is eligible to receive a national, state, or local historic designation or listing.
On or before November 1 of the year following the approval of a facility management plan and each November 1 thereafter until such time that the facility is no longer vacant, requires a state department, agency, or institution to submit an annual facility management plan update. Requires the update to include all actions taken by the state department, agency, or institution within the last year consistent with the facility management plan and any proposed changes to the facility management plan.
States that no state department, agency, or institution shall be eligible for capital construction appropriations until the department has approved a facility management plan for each vacant facility controlled by that state department, agency, or institution, unless exempted by the capital development committee.
APPROVED by Governor April 17, 2003
EFFECTIVE July 1, 2003
S.B. 03-52 Public safety communications trust fund - reporting requirement. Eliminates the report from the executive director of the department of personnel to the state auditor concerning the public safety communications trust fund.
APPROVED by Governor March 20, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 03-58 State government efficiency - alternative procurement methods - cooperative purchasing - emissions inspections exception. Defines the term "grant" for purposes of the "Procurement Code" and clarifies that the code does not apply to grants. Authorizes the executive director of the department of personnel to establish other competitive procurement methods, including reverse auctions, in order to provide alternative procurement methods to promote the purposes of the code. Requires the state auditor to review competitive procurement methods established by the executive director.
Allows state public procurement units, upon prior written approval of the executive director of the department of personnel and under procedures established by rule, to purchase goods or services under the terms of a contract between a vendor and an external procurement activity or a local public procurement unit without complying with specified provisions of the "Procurement Code" concerning source selection and contract formation.
Specifies that when the legal ownership of a motor vehicle is transferred merely for purposes of a financing or refinancing agreement, but the physical possession or use of the vehicle is unchanged, the vehicle is not subject to motor vehicle emissions inspections requirements. Makes this provision effective only if House Bill 03-1016 does not become law.
APPROVED by Governor May 2, 2003
EFFECTIVE May 2, 2003
NOTE: House Bill 03-1016 was signed by the Governor May 2, 2003.
S.B. 03-62 Accounts and control - procedures - warrants - moneys from certain warrants not presented to state treasurer for payment subject to unclaimed property law. Requires that a warrant, drawn on a fund containing moneys that do not revert to the state general fund, shall be subject to the unclaimed property laws of the state if the warrant has not been presented to the state treasurer for payment by the end of the fiscal year in which it was issued.
Requires that moneys transferred into the Pinnacol Assurance fund from warrants that have not been presented to the state treasurer for payment shall be subject to the unclaimed property laws of the state. Specifies that for treating such moneys as unclaimed property, Pinnacol Assurance shall be considered an insurance company as defined in the unclaimed property laws of the state.
APPROVED by Governor March 20, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 03-98 Public employees' retirement association - inclusion of Colorado association of school executives - confidentiality of member records - purchase of service credit - amounts paid upon death of retiree - modification of benefit option upon dissolution of marriage - exception from reduction in retirement benefits if filling vacancy left by employee in armed forces - election to participate in or withdraw from the public officials' and employees' defined contribution plan - withdrawal of local government from participation in a retirement association with other local governments. Includes the Colorado association of school executives in the definition of "employer" for purposes of the statutory provisions governing the public employees' retirement association (PERA).
Requires all information, rather than specified information, contained in the records of members and retirees of PERA to be kept confidential.
Allows service credit to be purchased for employment in a foreign country. Requires a portion of the amount paid by a PERA member to purchase service credit to be transferred to the PERA health care trust fund. Limits the amount of service credit that may be purchased to 10 years. Provides an exception for members who apply to purchase service credit by October 31, 2003. Specifies that members employed by a political subdivision of the state that affiliates with PERA will have 3 years from the date of affiliation to complete or commence payments on purchases of service credit in excess of 10 years.
Limits eligibility to make direct payments to PERA in lieu of member contributions to vested inactive members who terminate PERA membership before July 1, 2003.
Increases the amount paid to beneficiaries if, upon the death of persons receiving retirement benefits, the total amount of benefits paid does not exceed the amount of moneys credited to the member contribution account.
Specifically authorizes the court in a dissolution of marriage action to modify or allow a retiree to modify the selected benefit option to no longer provide a continuing benefit to a spouse named as a cobeneficiary in the event of the retiree's death.
Allows a retiree to work in a position without a reduction in retirement benefits if the position has been temporarily vacated by an employee called into active duty in the armed forces of the United States.
Removes the requirement that an election to join the public officials' and employees' defined contribution plan shall be a one-time irrevocable election. Specifies that any member of PERA who is eligible to participate in the defined contribution plan may make a written election during the month of January of any year to participate in the plan.
Allows employees who participate in the public officials' and employees' defined contribution plan to terminate future contributions to the plan and instead participate in PERA by making a written election during the month of January of any year. Allows employees who make such election to purchase service credit in PERA.
Allows a local government that participates in a retirement association with other local governments to withdraw from its participation in and contributions to the association. Specifies procedures for and the effective date of such withdrawal. Requires at least 65% of all active members employed by the local government to approve the withdrawal. Allows employees who have terminated contributions to a local government retirement plan to elect to have a rollover distribution paid to an eligible retirement plan in accordance with federal law. Specifies a time limit for making the distribution.
APPROVED by Governor June 5, 2003
PORTIONS EFFECTIVE June 5, 2003
PORTIONS EFFECTIVE July 1, 2003
PORTIONS EFFECTIVE November 1, 2003
S.B. 03-101 Public employees' retirement association - amortization of liabilities - contributions - purchase of service credit. Removes the maximum 40-year period for amortization of liabilities of the public employees' retirement association (association) and provides that liabilities shall be amortized through the adjustment of contribution rates.
Changes the due date for contributions to the association from the 10th calendar day of each month to 5 days after the date members are paid. Requires that contributions be reported to the association after each payday, rather than on a monthly basis.
Reduces the existing employer contribution rates in specified divisions by a specified percentage of salary. Requires the board of trustees of the association (board) to reduce the employer contribution rates when the funded ratio of the association is greater than 110% and to increase the employer contribution rates when the funded ratio of the association is less than 95%. Specifies that in no event shall any division's employer contribution rate increase by more than .625% per year. Specifies that in any case, the current employer contribution rates in effect for state and school division and for judicial division employers shall remain in effect through June 30, 2004. Specifies that the contribution rate for municipal division employers for the year beginning January 1, 2004, shall not exceed the rate specified under existing law.
Provides that matching employer contributions on members' voluntary contributions to tax-deferred retirement programs shall terminate on December 31, 2003, and thereafter resume only when the association's assets exceed 110% of actuarial liabilities. Repeals the one percent of salary limit on year-to-year changes in the amount of matching contributions.
Removes the minimum reduction in employer contribution rates due to overfunding.
Requires a specified portion of the amount paid by a member to purchase service credit to be transferred to the association's health care trust fund.
VETOED by Governor May 22, 2003
S.B. 03-103 Department of law - peace officers standards and training board - motor vehicle registration fee to fund peace officer training - appropriation. States that in addition to any other fee imposed on the registration of a motor vehicle, a fee of 25 cents shall be collected at the time of registration of every item of class A, B, or C personal property required to be registered. Specifies that the fee shall be transmitted to the state treasurer who shall credit the same to the peace officer standards and training (P.O.S.T.) board cash fund. States that all of the moneys in the fund shall be subject to appropriation by the general assembly to be used by the P.O.S.T. board. Specifies the purposes for which the moneys in the P.O.S.T. board cash fund may be used by the P.O.S.T. board.
Appropriates $937,592 and 2.0 FTE to the department of law for the implementation of the act.
APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003
S.B. 03-121 State agencies - rule-making - procedures - proposed rules - cost-benefit analysis - termination under sunset law. Declares that state agency rules can negatively impact the state's business climate by impeding the ability of local businesses to compete with out-of-state businesses, by discouraging new or existing businesses from moving to this state, and by hindering economic competitiveness and job creation.
Requires an agency to submit a draft of a proposed rule or amendment to an existing rule to the executive director (director) of the department of regulatory agencies (department) to determine if the rule may have a negative impact on economic competitiveness or small business in Colorado. Allows the director to require the submitting agency to prepare a cost-benefit analysis of the rule or amendment. Requires such agency to make the analysis available to the public and the director. Specifies what needs to be included in the analysis.
Allows the director to urge the agency to revise the rule or amendment, if necessary, to eliminate or reduce the negative economic impact.
Specifies that if an agency makes a good faith effort to prepare the cost-benefit analysis, the rule or amendment shall not be invalidated on the grounds that the analysis is insufficient or inaccurate. Allows for the adoption of a temporary or emergency rule prior to compliance with the cost-benefit analysis requirements.
Allows the director to work with the secretary of state to make the code of Colorado regulations and the Colorado register available to the public in an electronic format.
Terminates the cost-benefit analysis requirements on July 1, 2006, pursuant to the provisions of the sunset law.
APPROVED by Governor June 3, 2003
EFFECTIVE June 3, 2003
S.B. 03-135 Outdated statutory provisions - amendments - repeals. Repeals or amends outdated provisions in the Colorado revised statutes regarding:
● References to the city of Denver as a part of Arapahoe county;
● Penalty for judges unlawfully acting as attorneys;
● Recovery of attorney fees from unlicensed persons;
● Law schools that maintain legal aid dispensaries;
● Terms of the initial members of the state electrical board;
● The sale and use of fireworks in the state;
● Membership of the Colorado podiatry board;
● The effective date for certain examination qualifications for podiatrists;
● Requirements of persons holding office on the Colorado state board of chiropractic examiners;
● Termination of the physicians' peer health assistance fund;
● Membership of the Colorado state board of medical examiners;
● Membership of the state board of nursing;
● Registration requirements for advanced practice nurses;
● Membership of the impaired professional diversion program committee;
● Members serving on the board of examiners of nursing home administrators;
● The financial assistance program for students attending institutions of higher education;
● The low-level radioactive waste advisory committee;
● Housing preferences for world war II veterans;
● Establishment of poorhouses by counties;
● Fines on claim jumpers; and
● Limitations of actions affecting real property.
APPROVED by Governor April 7, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 03-143 Office of economic development - transfer of employees to Colorado tourism office. Transfers a specified number of employees of the Colorado office of economic development who promote the motion picture and television industry in the state to the Colorado tourism office in the office of the governor. Repeals a prohibition on the appropriation of moneys in the Colorado travel and tourism promotion fund to meet the administrative expenses of the tourism office.
APPROVED by Governor March 18, 2003
EFFECTIVE March 18, 2003
S.B. 03-178 FY 2002-03 budget reduction bill - telecommunications revolving fund - moneys collected for state public safety and radio systems. For fiscal years 2002-03 to 2005-06, requires moneys collected by the department of personnel for public safety and radio systems of a state agency or other state entity to be credited to the telecommunications revolving fund along with other charges for telephone and data communication services currently transferred to the fund.
APPROVED by Governor March 5, 2003
EFFECTIVE March 5, 2003
S.B. 03-179 FY 2002-03 budget reduction bill - capital construction fund - corrections expansion reserve fund - works of art in public places fund - transfers - appropriations. Amends the 2002 general appropriations act to decrease the total appropriation for capital construction projects. Reduces the general fund appropriation to the capital construction fund for certain capital construction projects. Transfers moneys from the capital construction fund to the general fund.
Directs the state treasurer and controller to transfer to the general fund interest earned on the capital construction fund from the start of the 2002-03 state fiscal year until February 28, 2003. On and after March 1, 2003, directs the state treasurer and controller to transfer monthly to the general fund interest earned on the capital construction fund.
Repeals certain transfers to the capital construction fund and repeals certain transfers from the capital construction fund to the correctional expansion fund.
Exempts certain public construction projects from the required set aside of 1% of total capital construction for the acquisition of art.
Transfers $145,138 from the works of art in public places fund to the general fund.
APPROVED by Governor March 5, 2003
EFFECTIVE March 5, 2003
S.B. 03-182 FY 2002-03 budget reduction bill - consolidation of programs that regulate manufactured structures. Consolidates separate programs for the regulation of factory-built structures, multi-family structures where no standards exist, manufactured home installations, and sellers of manufactured homes into a single program by repealing statutes currently located in various parts of the Colorado revised statutes, and creating similar new provisions in a single new part of the Colorado revised statutes for the purpose of addressing cyclical program needs and achieving long-term administrative efficiencies.
APPROVED by Governor March 5, 2003
EFFECTIVE March 5, 2003
S.B. 03-184 FY 2002-03 budget reduction bill - state treasurer - fees for cash management transactions - exceptions. Starting with the 2002-03 fiscal year, authorizes the state treasurer to assess a per transaction fee for performing cash management transactions for state departments and agencies. Specifies that the fee will be deducted from the interest earnings attributable to the fund for which the transaction was performed. Requires the amount of the fee to be determined annually by dividing the amount of the appropriation made to the department of the treasury (department) for administration for the current fiscal year by the number of transactions performed in the prior fiscal year.
Specifies that the fee is subject to annual appropriation by the general assembly to the department to fund the administration of the department. Prohibits the assessment of a fee against the:
● State education fund;
● Highway users tax fund;
● Great outdoors Colorado trust fund;
● Public school fund;
● Old age pension fund; and
● Any other fund against which the assessment of a fee would violate the state constitution.
Requires the state treasurer to notify each state department and agency of the amount of fees to be deducted by July 1 of the fiscal year in which the deductions will occur.
Reduces the general fund appropriation to the department for administration by $587,116 and adds a cash fund appropriation to the department in a corresponding amount.
APPROVED by Governor March 5, 2003
EFFECTIVE March 5, 2003
S.B. 03-190 FY 2002-03 budget reduction bill - transfers of tobacco litigation settlement moneys. For purposes of augmenting the amount of state general fund moneys for the 2002-03 state fiscal year:
● Requires the state treasurer to transfer $33,226,778 from the tobacco litigation settlement cash fund to the general fund on the effective date of the act.
● Makes moneys available for the transfer by reducing 2002-03 fiscal year appropriations as follows:
● Reduces the appropriation to the department of public health and environment for the Colorado nurse home visitor program from $6,297,110 to $5,577,035;
● Reduces the appropriation to the department of public health and environment for the state dental loan repayment program from $200,000 to $177,130.
● Reduces the appropriation to the department of higher education for the tobacco-related and tobacco-focused research grant program from $7,918,729 to $3,000,000.
● Reduces the appropriation to the department of public health and environment for the tobacco education, prevention, and cessation grant program from $14,847,618 to 12,998,723.
● Reduces the appropriation to the department of education for the read-to-achieve grant program from $18,806,982 to $15,990,420.
● Reduces the appropriation to the department of human services for the comprehensive primary and preventative care grant program from $5,939,047 to $5,259,917.
● Requires all tobacco settlement payments, other than attorney fees and costs, including payments that are currently credited to the tobacco litigation settlement trust fund, that may be made to the state treasurer after the effective date of the act, but before the end of the 2002-03 fiscal year, to be credited to the tobacco litigation settlement cash fund.
● Requires the state treasurer to transfer to the general fund the balance of the tobacco litigation settlement trust fund, $2,001,125 from the children's basic health plan trust, and $2,280,900 from the Colorado state veterans trust fund.
● Provides authorization for the state treasurer to invest moneys transferred on July 5, 2002, from the tobacco litigation settlement trust fund to the general fund in any manner in which the trust fund moneys may be invested.
APPROVED by Governor March 5, 2003
EFFECTIVE March 5, 2003
S.B. 03-191 FY 2002-03 budget reduction bill - transfers to augment general fund. For purposes of augmenting the amount of revenues in the state general fund for the 2002-03 state fiscal year, requires the state treasurer to transfer the following amounts of moneys from the specified funds to the state general fund:
● $100,000 from the uniform consumer credit code cash fund;
● $6,000,000 from the workers' compensation cash fund;
● $20,000,000 from the subsequent injury fund;
● $150,000,000 from the major medical insurance fund;
● $5,400,000 from the employment support fund;
● $120,000 from the collection agency cash fund;
● $3,200,000 from the real estate recovery fund;
● $980,396 from the Colorado children's trust fund;
● $1,440,621 from the read-to-achieve cash fund;
● The balance of moneys from the teacher development fund;
● $143,535 from the educator licensure cash fund;
● $886,189.51 from the advanced technology fund;
● $500,000 from the department of state cash fund;
● $1,468,152 from the waste tire cleanup fund;
● $1,000,000 from the capital account of the species conservation trust fund;
● The balance of moneys from the state grants to publicly-supported libraries fund;
● $300,000 from the supplier database cash fund;
● $763,680 from the vital statistics records cash fund;
● $7,100,000 from the operational account of the severance tax trust fund;
● $1,300,000 from the public utilities commission motor carrier fund;
● $1,132,416 from the Colorado disabled telephone users fund;
● $1,000,000 from the alcohol and drug driving safety program fund; and
● $357,000 from a specified portion of the law enforcement assistance fund.
Provides for such transfers to occur on March 5, 2003; except that the transfers from the subsequent injury fund and the major medical insurance fund shall be made on May 1, 2003, and except that the transfers from the waste tire cleanup fund and the operational account of the severance tax trust fund shall be made on June 30, 2003. Directs the state controller to transfer $10,000,000 from the general fund to the major medical insurance fund on July 1, 2003.
APPROVED by Governor March 5, 2003
EFFECTIVE March 5, 2003
S.B. 03-197 FY 2002-03 budget reduction bill - payment of monthly and certain bi-monthly salaries for June on first working day of July - restriction of general fund surplus - appropriations. Specifies that:
● Monthly salaries of state personnel system and nonstate personnel system employees for the month of June shall be paid on the 1st working day of July;
● Salaries of state personnel system and nonstate personnel system employees paid on a bi-weekly basis for the pay period commencing May 31, 2003, and ending on June 13, 2003, shall be paid on July 1, 2003; and
● Effective July 1, 2003, salaries of state personnel system and nonstate personnel system employees paid on a bi-weekly basis for the 14-day pay period preceding the first 14-day pay period for which salaries paid on a bi-weekly basis for any work performed during the month of June are paid on or after July 1 shall be paid on the 1st working day of July.
Creates an exception to the requirement that the general fund surplus be determined based on the accrual system of accounting so that general fund revenues are restricted only when:
● The monthly salaries of state employees for the month of June are paid from general fund revenues on the 1st working day of July; and
● The bi-monthly salaries of state employees for which all or a portion thereof is for work performed during the month of June are paid in July.
Amends the 2002 general appropriation act to decrease the total appropriations for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado to correspond with the change in the pay day for monthly salaries and certain bi-weekly salaries for June. Decreases the general fund, cash funds exempt, and federal funds portions of the appropriations.
Provides that section 8 of the act shall only take effect if Senate Bill 03-170 is enacted and becomes law.
APPROVED by Governor March 5, 2003
EFFECTIVE March 5, 2003
NOTE: Senate Bill 03-170 was signed by the Governor March 5, 2003.
S.B. 03-222 Determination of general fund surplus by accrual accounting. For state fiscal years commencing on or after July 1, 2003, requires the general fund surplus to be determined based upon the accrual system of accounting, as enunciated by the governmental accounting standards board. Repeals a statutory provision that requires the state to reserve a specified amount of the general fund surplus in the year in which it is accrued until such time as 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.
APPROVED by Governor June 5, 2003
EFFECTIVE July 1, 2003
S.B. 03-230 Electronic transactions - rules - appropriation. Authorizes the secretary of state to promulgate rules pursuant to the "Uniform Electronic Transactions Act". Deletes requirements that the secretary of state consult with the office of innovation and technology in promulgating such rules. Deletes requirements that local governments comply with standards established by the office of innovation and technology in accepting and distributing electronic records.
Appropriates $194,517 to the department of state for the implementation of the act.
APPROVED by Governor June 5, 2003
EFFECTIVE January 1, 2004
S.B. 03-233 Public employees' retirement association - inclusion of employees of a district attorney. Allows the counties in a judicial district, in consultation with the district attorney for the judicial district, to authorize any assistant district attorney, chief deputy district attorney, or deputy district attorney in the judicial district to elect to become a member of the public employees' retirement association (PERA) or participate in the state defined contribution plan. Requires counties to grant such authority on or before January 1, 2004, unless it was not fiscally appropriate to do so. Specifies that assistant district attorneys, chief deputy district attorneys, and deputy district attorneys hired prior to the date an election is authorized shall have 60 days to make such election or, in the absence of such election, shall continue to participate in their existing retirement system. Specifies that assistant district attorneys, chief deputy district attorneys, and deputy district attorneys hired on or after the date an election is authorized shall have 60 days after commencing employment to make such election or, in the absence of such election, shall be a member of PERA.
Allows the counties in a judicial district, in consultation with the district attorney for the judicial district, to elect to have other employees of the district attorney become members of PERA or participate in the state defined contribution plan. Requires such election to be approved by not less than 65% of the employees. Requires the election to be made prior to January 1, 2004, unless it was not fiscally appropriate to do so. Requires the counties to further specifically determine whether to have employees become members of PERA or participate in the defined contribution plan and requires such determination to also be approved by not less than 65% of the employees. Specifies that an employee hired prior to the date that the employees approve the determination shall have sixty days to elect to become a member of PERA or participate in the defined contribution plan in accordance with the determination or, in the absence of such election, shall continue to participate in his or her existing retirement plan. Provides that all employees hired after the date the employees approve the determination shall become members of PERA or participate in the defined contribution plan in accordance with the determination.
Specifies procedures for the boards of county commissioners of the counties within a judicial district to terminate affiliation with PERA or the state defined contribution plan.
APPROVED by Governor April 22, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 03-235 Right to display United States flag - person or property - reasonable regulations. States that a person's right to display reasonably the United States flag is not to be infringed with respect to the display:
● On an individual's person;
● Anywhere on an individual's personal or real property; and
● In the buildings or on the grounds of any tax-supported property in the state; except that the state or political subdivision may adopt reasonable regulations regarding the display.
Regarding real property only, makes the right to display the flag subject to any restrictive covenants. Clarifies that a homeowners' association cannot prohibit a display consistent with the United States Code, but permits the association, the state, or a political subdivision to adopt reasonable regulations regarding the display of the flag.
Specifies that a reasonable display of the flag is presumed to include a display consistent with the United States Code. Specifies the right is deemed a protected form of expression under the constitutions of the United States and Colorado.
APPROVED by Governor May 14, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 03-242 Department of law - peace officers standards and training board - membership. Modifies the membership of the peace officers standards and training board by adding 3 active peace officers with a rank of sergeant or below to the membership of the board. Eliminates the requirement that the governor shall make appointments to the board so that there is equal representation from departments that have and do not have their own training academy.
APPROVED by Governor May 14, 2003
EFFECTIVE May 14, 2003
S.B. 03-243 Statewide travel management program - report - repeal. Requires the department of personnel to submit a written report to the legislative audit and joint budget committees of the general assembly by December 1, 2003, on methods for improving travel management within the state by enhancing or modifying the existing statewide travel management program or by implementing an alternative program.
Effective July 1, 2004, repeals the existing statewide travel management program and the authority of the department of personnel to implement the program.
APPROVED by Governor April 17, 2003
EFFECTIVE April 17, 2003
S.B. 03-249 State leveraged leasing agreements. Authorizes the executive director of the department of personnel (executive director), with the approval of the director of the office of state planning and budgeting and the state treasurer, to enter into leveraged leasing agreements on behalf of the state under which the state can generate new revenues by:
● Leasing qualified state assets to private persons who can depreciate the assets for federal income tax purposes in exchange for lump sum consideration; and
● Entering into shorter-term sublease agreements under which the state subleases the qualified state assets back from such persons.
Allows the executive director to retain attorneys, consultants, or financial professionals to the extent necessary to protect the interests of the state and to ensure the proper execution of a leveraged leasing agreement. States that a sublease contract entered into as part of a leveraged leasing agreement is to require an amount of the state proceeds from a leveraged leasing agreement that is adequate to meet all lease payments to be made by the state under the terms of the sublease contract to be deposited into a specified account established pursuant to the sublease contract as adequate cash reserves pledged irrevocably for sublease payments in all future fiscal years. Requires all other state proceeds from a leveraged leasing agreement to be deposited into the controlled maintenance trust fund.
Requires the executive director to use a competitive selection process approved by the director of the office of state planning and budgeting to select any attorneys, consultants, and financial professionals to be retained, but specifies that the execution of retention agreements is not subject to the "Procurement Code". Requires any fees charged by any persons retained to be paid from the lump sum paid to the state in connection with the leveraged leasing agreement.
Requires a qualified state capital asset that is the subject of a leveraged leasing agreement to be treated for tax purposes as tax-exempt property owned by the state. Specifies that the lease of a qualified state capital asset by the state to a private person and the sublease of the asset back to the state by the private person pursuant to a leveraged leasing agreement shall not cause the private person to whom the qualified state capital asset is being leased to incur any liability in tort by virtue of the private person's status as a lessor under the leveraged leasing agreement.
Requires a leasehold interest in property that is owned by the state or a political subdivision of the state and that has been leased to a private person, the use and possession of which has been leased back to the state or a political subdivision of the state, to be exempt from property taxation during the term of use and possession by the state or political subdivision. Requires property that is the subject of a leveraged leasing agreement executed by a political subdivision of the state to be treated as tax-exempt property owned by the state for purposes of any state or local tax. Specifies that the lease of property by a political subdivision of the state to a private person and the sublease of the property back to the political subdivision of the state pursuant to a leveraged leasing agreement shall not cause the private person to whom the property has been leased to incur any liability in tort by virtue of the private person's status as a lessor under the leveraged leasing agreement.
Declares that:
● The proceeds of a leveraged leasing agreement are state revenues from a property sale and are therefore excluded from state fiscal year spending.
● Although the sublease of a qualified state capital asset from a private person to the state under a leveraged leasing agreement is a multiple-fiscal year financial obligation of the state, the state may enter into a leveraged leasing agreement without voter approval in advance because a leveraged leasing agreement requires the state to deposit into a specified account adequate cash reserves pledged irrevocably for sublease payments in all future fiscal years.
APPROVED by Governor May 14, 2003
EFFECTIVE May 14, 2003
S.B. 03-261 FY 2003-04 budget reduction bill - department of local affairs - division of property taxation - assessment of fees - appropriation. Authorizes the department of local affairs to charge an administrative fee, in addition to the existing application fee, to entities other than local governments that receive private activity bonding authority from the bond allocations committee. Specifies that such authority is repealed on July 1, 2005. Creates the private activity bond allocations fund in the state treasury, and states that all application and administrative fees collected by the committee shall be deposited into the fund.
Increases the application fee for property owners claiming initial exemption of real and personal property from general taxation pursuant to state property tax laws to $150. Increases the fee that shall accompany the annual report that an owner of property tax exempt real or personal property is required to file with the property tax administrator to $53. Increases the fee for the late filing of such report to $150. Creates the property tax exemption fund in the state treasury, and specifies that all application, report, and late filing fees collected in connection with property tax exemptions shall be deposited into the fund.
Increases the filing fee that shall accompany a request by any person, other than a taxpayer pro se, for a hearing before the board of assessment appeals regarding valuation of property set by the assessor to an amount equal to 75% of the docket fee in the district court for each tract, parcel, or lot of real property and for each schedule of personal property included in the request. Requires that a request for a hearing before the board by any person, other than a taxpayer pro se, regarding any matter be accompanied by a filing fee in an amount equal to 75% of the docket fee in the district court for each tract, parcel, or lot of real property and for each schedule of personal property included in the request. For any person requesting a hearing before the board who is a taxpayer pro se, allows the taxpayer to request 2 appeals within a fiscal year at no cost and requires that each additional request for appeal within such fiscal year be accompanied by a filing fee in an amount equal to 75% of the docket fee in the county court for each tract, parcel, or lot of real property and for each schedule of personal property included in the request.
For the fiscal year beginning July 1, 2003, appropriates $635,300 to the department of local affairs from the property tax exemption fund for the division of property taxation and $71,000 from the private activity bond allocations fund for the division of housing for costs associated with the private activity bond allocations committee. For the fiscal year beginning July 1, 2003, reduces the general fund appropriation made in the general appropriations act to the department of local affairs by $635,300 for the division of property taxation and $71,000 for the division of housing for costs associated with the private activity bond allocations committee.
APPROVED by Governor May 1, 2003
EFFECTIVE July 1, 2003
S.B. 03-262 FY 2003-04 budget reduction bill - capital construction funds. For the 2003-04 state fiscal year, reduces the total transfers from the general fund to the capital construction fund to $9,420,498. Repeals transfers for the 2003-04 state fiscal year from the capital construction fund to the corrections expansion reserve fund. Delays the transfers of moneys from the general fund to the controlled maintenance trust fund for one year.
APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003
S.B. 03-268 FY 2003-04 budget reduction bill - tobacco litigation settlement revenues - securitization - use of revenues - appropriation. For the purpose of allowing the state to sell a portion of the tobacco settlement revenues owed to the state in future years under the master settlement agreement reached in the tobacco litigation (tobacco settlement revenues) to fund a cash flow reserve to be used only to resolve cash flow emergencies, and to maximize its net proceeds from the sale:
● Creates the tobacco litigation settlement financing corporation (corporation) as an instrumentality of the state subject to open meetings and open records requirements and as an enterprise that is exempt from constitutional fiscal year spending and revenue limits so long as it meets specified criteria, and sets forth the general powers of the corporation and the membership, qualifications, terms, compensation, and powers and duties of the board of directors of the corporation.
● Authorizes the state treasurer to enter into one or more property sale contracts with the corporation to sell the state's right to receive one or more portions of the tobacco settlement revenues to the corporation in exchange for cash and other adequate consideration subject to the following requirements:
● The state treasurer must enter into the 1st property sale contract before November 30, 2003;
● The state treasurer may sell no more than 60% of the state's right to receive tobacco litigation settlement revenues; and
● The state treasurer may sell only the portion of the state's right to receive tobacco litigation settlement revenues necessary to generate aggregate net proceeds to the state of $160,000,000 and to pay the costs of the corporation in issuing bonds, capitalized interest, operating expenses of the corporation, and the funding of reserves.
● Authorizes the corporation to issue bonds to generate the moneys needed to pay consideration owed to the state under the terms of a property sale contract and to exercise specified powers related to the issuance of bonds, and specifies that bonds, the transfer of bonds, and any income from bonds are exempt from state income tax.
Requires the state treasurer to deposit net property sale contract proceeds into the tobacco litigation settlement trust fund. Requires the net proceeds to be designated as a cash flow reserve and allows the reserve to be expended only by the state treasurer in consultation with the governor and the office of the state controller and to resolve a cash flow emergency declared by the state treasurer in consultation with the office of the governor. Requires the replenishment of moneys expended from the cash flow reserve during a state fiscal year no later than the last day of the following state fiscal year.
Prohibits the cash flow reserve from being used to meet any other constitutional or statutory reserve requirement. Allows the general assembly to appropriate interest or income derived from the deposit or investment of net proceeds of a property sale contract to fund any programs or funds authorized by law to be funded by tobacco litigation settlement moneys. Allows the state treasurer to invest moneys in the tobacco litigation settlement trust fund in any type of security in which a public entity may invest public funds. Specifies that property sale contract proceeds are both proceeds from a property sale and a damage award or interest thereon and are therefore exempt from the constitutional limitation on state fiscal year spending.
Modifies the level of appropriations of tobacco litigation settlement moneys annually received by the state for the 2004-05 fiscal year and succeeding fiscal years as follows:
● Eliminates funding for the tobacco-related and tobacco-focused research grant program.
● Specifies that the Colorado nurse home visitor program is to receive $9,577,035 for fiscal year 2004-05, $11,570,818 for fiscal year 2005-06, $13,549,637 for fiscal year 2006-07, $15,549,637 for fiscal year 2007-08, $17,549,637 for fiscal year 2008-09, and $19,000,000 for fiscal 2009-10 and for each succeeding fiscal year.
● Changes the amount of annual funding for the read-to-achieve program from the lesser of 19% of the total amount of tobacco litigation settlement moneys annually received by the state or $19,000,000 to the lesser of 21% of such moneys or $15,000,000.
● Changes the amount of annual funding for the comprehensive primary and preventative care grant program from the lesser of 6% of the total amount of tobacco litigation settlement moneys annually received by the state or $6,000,000 to the lesser of 10% of such moneys or $10,000,000.
Requires the joint budget committee of the general assembly to comprehensively review, during its consideration of state budget requests and its development of the state budget for the 1st state fiscal year that commences after the state has fulfilled all of it's obligations under any property sale contract, the new allocation of tobacco litigation settlement moneys annually received by the state to determine whether and to what extent the allocation should be changed.
Repeals all new statutory provisions on December 15, 2003, if the state treasurer and the corporation do not execute a property sale contract before November 30, 2003.
APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003
S.B. 03-271 FY 2003-04 and FY 2004-05 budget reduction bill - transfers to augment general fund - increase in surcharges on criminal actions, traffic offenses, and traffic infractions. For purposes of augmenting the amount of revenues in the state general fund for the 2003-04 and 2004-05 state fiscal years, requires the state treasurer to transfer the following amounts of moneys from the specified funds to the general fund on the specified dates:
● Up to $1,000,000 from the victims and witnesses assistance and law enforcement fund on June 30, 2004;
● $240,000 from the infant immunization fund on July 1, 2003;
● The balance of moneys from the advanced technology fund each quarter of fiscal year 2003-04;
● $700,000 from the off-highway vehicle recreation fund on January 1, 2004;
● $486,613 from the emergency response cash fund on July 1, 2003; and
● $4,600,000 from the operational account of the severance tax trust fund on June 30, 2004.
Increases the surcharge levied on criminal actions and traffic offenses and the surcharge levied against penalty assessments for class A or class B traffic infractions and class 1 or class 2 misdemeanor traffic offenses by 30%. Directs that the portion attributable to the increase in such surcharges be credited to the general fund.
APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003
S.B. 03-273 FY 2003-04 budget reduction bill - personnel system - annual total compensation - one year delay in recommended changes to salaries - teachers employed by Colorado school for the deaf and blind exempt - appropriation. States that for the 2003-04 fiscal year and every fiscal year thereafter, the changes to salaries recommended by the state personnel director shall be effective on July 1 of the fiscal year following the fiscal year for which the recommended changes were made unless the general assembly, acting by bill, establishes a different effective date for that fiscal year or the governor orders otherwise and such order is adopted by the general assembly through a joint resolution declaring a fiscal emergency and approved by the governor in accordance with the state constitution.
States that the one year delay in salary increases for employees in the state personnel system shall not affect the salary increases for teachers employed by the Colorado school for the deaf and blind who are compensated in accordance with the salary schedule for the school district in which such school is located.
For the fiscal year beginning July 1, 2003, reduces the appropriations made in the annual general appropriation act for salary survey and senior executive service by $45,625,968.
APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003
S.B. 03-277 FY 2002-03 and 2003-04 budget reduction bill - public employees' retirement association - furlough - calculation of highest average salary. Allows a member of the public employees' retirement association to elect to include the amount of the member's salary that was reduced as a result of a furlough during the 2002-03 or 2003-04 state fiscal years when calculating the member's highest average salary for retirement benefit purposes. Requires the payment of employer and employee contributions on the amount if such election is made.
Expresses the determination of the general assembly that this act can be implemented within existing appropriations and, therefore, no separate appropriation of state moneys is necessary.
APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003
S.B. 03-282 FY 2002-03 and 2003-04 budget reduction bill - tobacco settlement moneys - modification of funding levels for various programs. For the 2002-03 fiscal year, reduces the appropriation from the tobacco litigation settlement cash fund for the tobacco education, prevention, and cessation grant program by $5,651,105 and transfers such amount to the general fund. Of the amount of tobacco settlement moneys received by the state treasurer in April 2003 and deposited in the cash fund to fund programs in the 2003-04 fiscal year, transfers $21,660,609 from such fund to the general fund for use in the 2002-03 fiscal year.
For the 2003-04 fiscal year:
● Modifies the prioritization of the allocation of tobacco settlement moneys to require the state controller to allocate funding for the children's basic health plan prior to allocating tobacco settlement moneys for any other programs;
● Reduces the amount of tobacco litigation settlement moneys appropriated for the Colorado nurse home visitor program to $6,926,714;
● Reduces the amount of tobacco litigation settlement moneys appropriated for the state dental loan repayment program to $182,834;
● Reduces the amount of tobacco litigation settlement moneys appropriated for the tobacco education, prevention, and cessation grant program to $5,312,665, less $273,636 to fund the "Child Mental Health Treatment Act", and less $500,000 to fund the medicaid mental health capitation program, and less $100,000 for the state council on the arts, and less $500,000 for the provision of legal services to victims of family violence;
● Reduces the amount of tobacco litigation settlement moneys appropriated for the read-to-achieve grant program to $11,798,410, and further reduces the amount of moneys available for the grant program by appropriating from the read-to-achieve cash fund $600,000 for regional library service systems and $500,000 for the juvenile diversion program;
● Reduces the amount of tobacco litigation settlement moneys appropriated to the Colorado state veterans trust fund to $902,681;
● Reduces the amount of tobacco litigation settlement moneys appropriated for the comprehensive primary and preventative care grant program to $5,416,086;
● Increases the amount of tobacco litigation settlement moneys appropriated to the children's basic health plan trust to $18,500,000;
● Eliminates funding for the tobacco-related and tobacco-focused research grant program from tobacco litigation settlement moneys; and
● Requires the lesser of 50% of all unexpended and unencumbered moneys and all moneys not appropriated for the 2004-05 fiscal year from the tobacco litigation settlement cash fund, or $7,594,816, to be transferred from the cash fund to the general fund and continuously appropriated for the implementation of the Tony Grampsas youth services program.
Allows the moneys in the Colorado state veterans trust fund to be expended for costs incurred by the division of veterans affairs rather than for veterans outreach programs administered by the division. For the 2003-04, 2004-05, and 2005-06 fiscal years, allows the division, subject to appropriation by the general assembly, to expend 75% of the amount of annual appropriations made to the trust fund from the tobacco litigation settlement cash fund and 100% of the interest earned on the moneys in the trust fund, to programs administered by the division, and retains 25% of such annual appropriations in the trust fund.
Specifies that certain appropriations will only take effect if Senate Bill 03-083 becomes law and that certain appropriations will only take effect if Senate Bill 03-083 does not become law.
APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003
S.B. 03-285 FY 2002-03 budget reduction bill - general fund - reduction of reserve for FY 2002-03. For the 2002-03 state fiscal year, reduces the required general fund reserve from 4% of the amount of general fund appropriations for the fiscal year to 3% of said general fund appropriations reduced by $31,175,000. Specifies that the amount of general fund moneys made available for appropriation by this reduction in the required reserve may be appropriated during the fiscal year for any lawful purpose.
APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003
S.B. 03-300 FY 2003-04 budget reduction bill - investment of state moneys - state treasurer - management fee. Imposes a monthly management fee of 15% of the investment earnings during the preceding calendar month on state moneys invested by the state treasurer. Directs the state treasurer to credit the fee to the general fund.
Exempts the following funds and accounts from the management fee:
● Any fund or account whose investment earnings are credited to the general fund;
● The highway users tax fund and any fund or account on which the imposition of the fee would be contrary to the state constitution;
● The brand assessment account for the 1st year of a 5-year assessment period;
● The wildlife cash fund and any fund or account where, in the attorney general's opinion, the imposition of the fee would result in the loss of federal funds;
● Funds invested on behalf of state universities and colleges;
● The student loan guarantee fund and the Colorado student obligation bond authority fund;
● The correctional industries account;
● The CoverColorado cash fund; and
● Any account in the Colorado water conservation board construction fund.
Repeals the management fee provision, effective July 1, 2004.
APPROVED by Governor May 1, 2003
EFFECTIVE July 1, 2003
S.B. 03-336 Statewide internet portal - commission on information management - development and plan for implementation - submittal of plan to general assembly - rule-making. Requires the commission on information management (commission) to guide the development of a statewide internet portal to provide for the exchange and retrieval of state agency information and public access to state agency information, products, and services that are created, generated, collected, maintained, or distributed in electronic form to the public through electronic access via the world wide web. Directs the commission to provide oversight and technical support for the development of the statewide internet portal to ensure compliance with the state's strategic information technology plan.
Requires the commission to adopt a plan for implementing the statewide internet portal no later than July 1, 2004. Specifies certain elements the plan must contain. Directs the commission to submit the plan for implementing the statewide internet portal to the general assembly no later than July 15, 2004.
Authorizes the commission to create and appoint nonvoting advisory boards or panels as necessary from specified persons and groups from which the commission may seek advice on the establishment and maintenance of the statewide internet portal.
Directs state agencies to cooperate with the commission by making public information available to the commission upon terms mutually agreed upon by the commission and any such state agency. Specifies that state agencies that pursue the implementation of e-commerce projects that are separate from the statewide internet portal shall ensure that such projects comply with the standards adopted by the commission.
Authorizes the commission to promulgate rules that are necessary to implement and operate the statewide internet portal.
APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003
S.B. 03-342 FY 2003-04 budget reduction bill - sale and lease back of eligible state facilities - establishment of cash flow reserve. On or before January 1, 2004, authorizes the executive director of the department of personnel (executive director) to sell a legal interest in one or more eligible state facilities to raise up to $160 million of net proceeds for the state. Defines an "eligible state facility" as any financially unencumbered building, structure, or facility that is owned by the state, including state institutions of higher education. Allows such a sale only if, simultaneous with the execution of the sale, the state leases back the same facility pursuant to a lease-purchase agreement. Requires the director of the office of state planning and budgeting (director) and the state treasurer to approve any property sale agreement or lease-purchase agreement.
Authorizes the executive director to execute a lease-purchase agreement for up to 20 years, subject to annual renewal, for any legal interest in a property that the executive director has sold as authorized by this act. Establishes that the sole security for a lease-purchase agreement is the legal interest in the property that is the subject of such agreement. Permits lease payments to be made from any moneys transferred to the state general fund from the unexpended and unencumbered moneys in the tobacco litigation settlement cash fund, any of the moneys in the general fund, or any other legally available source.
Requires a lease-purchase agreement to specifically authorize the state to receive fee title or all remaining leasehold interests to all real property that is the subject of the lease-purchase agreement on or prior to the expiration of the term of the lease-purchase agreement upon payment of all rentals and other amounts due pursuant to the terms of the lease-purchase agreement. Permits a lease-purchase agreement to provide for the issuance, distribution, and sale of instruments by the lessor evidencing rights to receive rentals and other payments made and to be made under the lease-purchase agreement, but specifies that such an issuance, distribution, or sale does not create a relationship between the purchasers of the instruments and the state or create any obligation on the part of the state to the purchasers.
Specifies that interest paid under a lease-purchase agreement is exempt from state income tax. Authorizes the executive director to execute ancillary agreements in connection with a lease-purchase agreement and retain attorneys, consultants, and financial professionals pursuant to a competitive selection process approved by the director.
Requires the executive director to report to the joint budget committee of the general assembly of his or her intentions regarding the execution of a property sale agreement and a lease-purchase agreement no later than November 1, 2003.
Creates a cash flow reserve in the controlled maintenance trust fund that shall consist of the proceeds of the sale of eligible state facilities and $40 million transferred from the general fund. Specifies that the cash flow reserve may only be expended by the state treasurer to resolve a cash flow emergency declared by the state treasurer in consultation with the governor under specified circumstances.
APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003
S.B. 03-348 FY 2002-03 budget reduction bill - modifications to FY 2002-03 state emergency reserve designation. For purposes of designating the state emergency reserve for the 2002-03 fiscal year, on and after June 5, 2003:
● Eliminates the designation of the statutory reserve.
● Adds the balance of the tobacco settlement litigation cash fund and a specified amount of state properties as designated by the governor, or such portion of state properties as is necessary to satisfy the state emergency reserve requirement.
APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003
S.B. 03-349 FY 2002-03 budget reduction bill - general fund - revenue shortfall in FY 2002-03 - disbursement of statutory reserve - transfers to general fund. For the fiscal year 2002-03, if the June 2003 revenue estimate indicates that general fund expenditures based on appropriations then in effect will exceed the amount of general fund revenues available, excluding the statutory reserve, requires the governor, from time to time during the period beginning on June 20, 2003, and ending on June 30, 2003, to:
● Direct the treasurer to disburse an amount of general fund moneys otherwise comprising such reserve as is necessary to cover any appropriations then in effect made from the general fund not to exceed $132 million; and
● In the event that the disbursements of general fund moneys comprising the reserve are insufficient to cover any such appropriations, direct the treasurer and controller to transfer to the general fund an amount from the local government severance tax fund not exceeding $18,000,000 or an amount from the local government mineral impact fund not exceeding $9,000,000, or amounts from both such funds, as is required to meet general fund appropriations.
APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003
H.B. 03-1036 Lottery winnings offset against restitution in criminal cases. Authorizes the use of lottery winnings to offset restitution in criminal cases. Clarifies that if a lottery winner owes both child support and restitution, then the state shall first offset the person's child support obligation and then offset the restitution obligation against his or her lottery winnings. Enables the lottery winner notified of the restitution offset to object to the offset and to request an administrative review.
APPROVED by Governor March 20, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1069 Warrants to pay money - procedures for the issuance of duplicate warrants. Eliminates the requirement that a duplicate warrant, drawn and issued upon proof of loss or destruction of the original warrant, be marked "Duplicate - The original is now void" across its face. States that the state agency that issued the warrant shall void the original warrant after the duplicate is drawn and issued.
APPROVED by Governor March 7, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1109 Status offender - definition. Defines "status offender" for purposes of compliance with federal law.
APPROVED by Governor April 1, 2003
EFFECTIVE April 1, 2003
H.B. 03-1204 Investments - public entities - disclosures. Requires investment firms offering investment products consisting of corporate securities to disclose to the state treasurer, the board of the public employees' retirement association, the board of the fire and police pension association, and any public entity whether the investment firm has an agreement with a for-profit corporation that is not a government-sponsored enterprise that may create a conflict of interest involving any of the securities being offered for sale by the investment firm.
APPROVED by Governor March 20, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1224 Identification documents - governmental immunity - forgery. Creates the "Secure and Verifiable Identity Document Act" (act).
Prohibits a public entity that provides services from accepting, relying upon, or utilizing an identification document to provide services unless the document is secure and verifiable. Prohibits a public entity or public official that is issuing an identification card, license, permit, or official document from accepting documents that are not secure and verifiable.
Requires a peace officer who utilizes an identification document that is not secure and verifiable to gather all information from such document and take fingerprints if the law enforcement agency requires fingerprinting. Requires such identification information to be retained as a public record for 3 years. Requires fingerprints to be kept as criminal justice records for one year.
Abrogates governmental immunity for actions knowingly taken that violate the act. Exempts peace officers who comply with the information-gathering requirements, crime reports, the provision of services to infants and children born in the United States, the provision of emergency medical services, and instances when a federal law mandates acceptance of a document.
Creates the presumption that a person who gives a forged document to a peace officer intended to defraud the officer.
APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003
H.B. 03-1238 Determination of general fund surplus by accrual accounting. For state fiscal years commencing on or after July 1, 2003, requires the general fund surplus to be determined based upon the accrual system of accounting, as enunciated by the governmental accounting standards board. Repeals a statutory provision that requires the state to reserve a specified amount of the general fund surplus in the year in which it is accrued until such time as 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.
APPROVED by Governor May 22, 2003
EFFECTIVE July 1, 2003
H.B. 03-1256 Lease-purchase agreements - Colorado state penitentiary II and Fitzsimons academic facilities. Authorizes the executive director of the department of corrections to enter into a lease-purchase agreement for up to 15 years for construction of a high-custody correctional facility. Authorizes the regents of the university of Colorado, on behalf of the state, to enter into lease-purchase agreements for up to 25 years for the construction of specified academic facilities for the health sciences center at Fitzsimons ("Fitzsimons campus").
For the lease-purchase agreements, specifies:
● The total amount of the lease-purchase agreements;
● Allowable provisions of the lease-purchase agreements; and
● A requirement for provisions to allow the state to pay the lease-purchase agreements early.
Clarifies that, prior to the state entering into a lease-purchase agreement, the agreement must be approved in a bill other than the annual general appropriations bill or a supplemental appropriations bill. Authorizes the Colorado educational and cultural facilities authority to act as lessor under a lease-purchase agreement with a participating institution.
Requires the university of Colorado ("CU") to develop a master plan and to enter into an agreement with a third-party master developer for the development, sale, or use of the health sciences center campus at 9th Avenue and Colorado boulevard ("old campus"). Specifies that the first $15 million of the net proceeds from the sale, ground lease, or other disposition of the old campus be deposited into the general fund and that net proceeds in excess of $15 million be equally divided between CU for the development of the Fitzsimons campus and the general fund.
In any year in which money is due to a lessor under a lease-purchase agreement for academic facilities at the Fitzsimons campus, of the amount of tobacco settlement moneys that would have been deposited in the tobacco- and substance abuse-related research fund, transfers the amount due to the lessor up to $8 million to the capital development fund to make the lease payments.
APPROVED by Governor April 28, 2003
EFFECTIVE April 28, 2003
H.B. 03-1267 Alternative forms of payment - surcharge. Authorizes state and local governmental entities to impose a surcharge on any person who uses an alternative form of payment such as a credit or debit card to make a payment to the state. Limits the amount of the surcharge to the actual additional cost to the governmental agency to process the transaction by alternative form of payment. Specifies that a state agency may impose a surcharge only in accordance with the master agreement negotiated by the state treasurer and the rules of the alternative payment provider. Requires any surcharge imposed by a local governmental entity to be imposed in accordance with the rules of the alternative payment provider.
APPROVED by Governor April 29, 2003
EFFECTIVE April 29, 2003
H.B. 03-1274 Interest-free loans to school districts - tax and revenue anticipation notes. Permits the state treasurer to issue tax and revenue anticipation notes (notes) for school districts for the purpose of alleviating temporary cash flow deficits of such school districts by making interest-free loans. Establishes the powers of the state treasurer in connection with issuance of notes.
Specifies that the proceeds of notes may be used to make interest-free loans to school districts to alleviate cash flow deficits, to pay note issuance costs and attendant expenses, and to pay the principal, premium, if any, and interest on notes. Permits the state treasurer to invest the proceeds of the notes pending use, and specifies that investment earnings may be used to pay principal, premium, if any, interest, and issuance costs of notes. Specifies the sources from which the state treasurer may pay the notes. Specifies that a financial obligation to repay the notes shall be deemed discharged on any date on which moneys or investments in an amount sufficient for the total repayment of the notes is on deposit in one or more segregated and restricted accounts that are pledged irrevocably for the purpose of repayment. Creates the school district tax and revenue anticipation notes repayment account in the state general fund, and specifies that the account consists of all moneys paid by school districts as repayment for the loans made to the school districts.
Establishes specifications for notes. Generally, requires notes to mature on or before August 31 of the fiscal year immediately following the fiscal year in which the notes are issued, but allows notes to have a date of maturity that is after the end of the fiscal year in which the notes are issued if an amount sufficient for the total repayment of the notes is deposited in one or more special segregated and restricted accounts and pledged irrevocably to the payment of the principal, premium, if any, and interest related to the notes.
Requires notes to be paid solely from the revenues pledged thereto. States that the notes shall not constitute a debt or an indebtedness of the state or any school district within the meaning of any applicable provision of the state constitution or state statutes. Specifies that the issuance of notes constitutes a contract between the state treasurer and note holders, and prohibits impairment of such a contract. Specifies that notes are exempt from all state and local taxes.
Requires interest-free loans made by the state treasurer to a school district to be made from note proceeds. Requires a school district seeking a loan from the state treasurer to submit any actual or projected financial or budgetary statements required by the state treasurer to determine that the district will have a general fund cash deficit and that the district will be able to repay the loan by June 25 of the state fiscal year in which the loan shall be made. If a school district seeks to have notes issued on its behalf, requires the chief financial officer of the district and the district superintendent to request and obtain prior approval from the district board of education and to include specified need-related information in the request. Specifies that interest shall accrue on the loans, if the loans are not repaid on or before the repayment date.
Permits the state treasurer to make a low-interest, emergency loan to a school district that has a cash flow deficit and that does not receive enough moneys from interest-free loans made from note proceeds. Establishes the interest rate for low-interest loans.
APPROVED by Governor June 3, 2003
EFFECTIVE July 1, 2003
H.B. 03-1288 Colorado governmental immunity act - definitions. Modifies the definitions of "dangerous condition" and "operation" for purposes of the "Colorado Governmental Immunity Act" (Act). Adds new definitions of "maintenance", "public sanitation facility", and "public water facility" to the Act.
APPROVED by Governor April 22, 2003
EFFECTIVE July 1, 2003
H.B. 03-1290 Definition of "disaster" for purposes of statutory provisions governing disaster emergencies - repeal. Expands the existing statutory definition of "disaster" for purposes of statutory provisions governing disaster emergencies to include a condition of riot, insurrection, or invasion existing in the state or in any county, city, town, or district in the state.
Repeals existing statutory provisions authorizing the governor to prohibit certain activity in connection with firearms or ammunition in the event of a riot, insurrection, or invasion, and requiring any person to obtain a permit from the governor to undertake certain activity in connection with any firearm or ammunition in such circumstances.
APPROVED by Governor June 3, 2003
EFFECTIVE June 3, 2003
H.B. 03-1301 Penalties for persons issuing checks to the department of revenue returned as unpaid. Expands the existing civil penalty assessed by the department of revenue against persons issuing a check returned for insufficient funds to include persons who issue checks returned because of a closed account or a stop payment order. Increases the penalty from $15 to $41.
APPROVED by Governor May 22, 2003
EFFECTIVE July 1, 2003
H.B. 03-1302 Government - local - applications for development - notice to mineral owners. For purposes of a requirement that applicants for property development notify the owners of severed mineral rights of the application, clarifies that the definition of "application for development" applies only to applications that were filed on or after July 1, 2001. Restricts the remedy available to mineral estate owners that were entitled to but did not receive notice of applications for development for linear projects such as pipe and electric transmission lines that were approved after August 7, 2002, to damages rather than equitable relief.
APPROVED by Governor February 26, 2003
EFFECTIVE February 26, 2003
H.B. 03-1315 Lease-purchase agreements - nonprofit lessor. Effective July 1, 2003, replaces the 3 state officials currently serving as the board of directors for the nonprofit corporation created to act as the lessor on lease-purchase agreements with the state ("corporation") with 5 persons appointed by the officials. Requires the corporation's bylaws to include provisions specifying procedures for appointment and replacement of the directors. Specifies qualifications for the persons initially appointed to serve on the board of directors.
Repeals language prohibiting the issuance of certificates of participation ("instruments") prior to receipt of a court decision upholding the constitutionality of the instruments. Clarifies that instruments may be issued only by the corporation and do not constitute debt of the state or a multiple-fiscal year financial obligation for purposes of section 20 (4) (b) of article X of the state constitution. Clarifies that a lease-purchase agreement entered into by the state does not constitute a multiple-fiscal year financial obligation for purposes of section 20 (4) (b) of article X of the state constitution. Provides that prior to entering into a lease-purchase agreement, a state agency shall request from the state treasurer technical support on the financial aspects of the agreement.
When specifically authorized by bill, allows a state agency that has statutory authority to enter into lease-purchase agreements to enter into the agreements in cooperation with the corporation without participation by the executive director of the department of personnel. Clarifies that lease-purchase agreements are subject to the provisions of the master lease program.
VETOED by Governor May 22, 2003
H.B. 03-1316 State employee compensation - annual compensation process - salaries, state contributions for group benefit plans, and performance awards - effective dates. Modifies the process for determining annual compensation for state employees as follows:
● Broadens the definition of "total compensation" to include, without limitation, salary, group benefit plans, retirement benefits, performance awards, incentives, premium pay practices, and leave;
● Specifies that for purposes of the total compensation process, "group benefit plans" means group benefit coverages for medical, dental, and life benefits.
● Authorizes the state personnel director (director), in addition to reviewing the results of appropriate surveys by public or private organizations, to directly conduct surveys in determining and maintaining salaries, state contributions for group benefit plans, and performance awards that are comparable to public and private employment;
● Relocates a statutory provision concerning required performance evaluations within the job evaluation and compensation statute and consolidates the reporting requirements of the provision with reporting requirements related to the performance pay system;
● Specifies that the penalty for the failure of a supervisor to evaluate subordinate employees only applies to supervisors who are state employees;
● Modifies the membership of the total compensation advisory council to reduce the number of members from 11 to 10, to eliminate the state controller and the attorney general, to eliminate the election of 5 state personnel system employees, to allow the president of the senate and the minority leader of the senate to each appoint one personnel system employee member and the speaker of the house of representatives to appoint 2 personnel system employee members, and to allow the director to appoint 2 members, one of which must be a state personnel system employee;
● Clarifies that the director is required to prepare an annual compensation report based on an analysis of compensation surveys, including surveys conducted by the director, and specifies that the report is to reflect adjustments necessary to maintain salary structure, state contributions for group benefit plans, and performance awards for the next fiscal year;
● Alters the frequency of performance audits required to be conducted with regard to the procedures and application of data by the director, and adds that such audits shall include any surveys conducted by the director;
● Specifies the date by which the director must submit a report, recommendations, and estimated costs to the governor and the joint budget committee regarding state employee compensation for the next fiscal year covering salaries, state contributions for group benefit plans, and performance awards;
● Requires the director's recommendations to reflect consideration of the results of the annual compensation survey, fiscal constraints, the ability to recruit and retain state employees, appropriate adjustments with respect to state employee compensation, and other specified costs;
● Requires the annual compensation report to include survey results for prevailing total compensation and the reasons for any deviation from prevailing total compensation in the director's recommendations;
● Specifies that, to the extent funded, the recommended changes in state contributions for group benefit plans and any adjustments thereto made by the general assembly in the annual general appropriations act for the next fiscal year take effect January 1 of the next fiscal year;
● Specifies that, to the extent funded, the recommended changes in salaries and any adjustments thereto made by the general assembly in the annual general appropriations act take effect July 1 of the fiscal year following the fiscal year for which the recommendations were made, and the recommended changes in state employee performance awards and any adjustments thereto made by the general assembly in the annual general appropriations act take effect July 1 of the next fiscal year, unless the general assembly acting by bill or the governor, upon declaration of a fiscal emergency, specifies another date;
● Prohibits the use of moneys appropriated for state employee salaries, state contributions for group benefit plans, and performance awards to achieve parity for employees outside the state personnel system; and
● With regard to performance pay, clarifies that the director is to adopt procedures for granting periodic salary increases based on performance, eliminates provisions authorizing the withholding of periodic salary increases based on unsatisfactory performance and the awarding of incentives for state employees as part of performance pay, but allows the director to develop and maintain incentive awards for state personnel system employees as part of total compensation, requires the department of personnel to develop guidelines and coordinate a performance system for state employees, specifies that the performance system is to prohibit forced distribution of performance ratings and to allow both individual and group performance awards, and repeals the provision requiring submission of a performance plan to the joint budget committee by September 1, 2000, and the provision requiring that the performance plan be cost neutral.
Authorizes the director, instead of the state personnel board, to adopt procedures establishing the voluntary separation incentive program, which is to be used in lieu of layoffs when necessitated by a shortage of work, a shortage of funds, or a reorganization. Clarifies that voluntary incentives do not constitute perquisites.
With regard to group benefit plans offered to state employees:
● Modifies the definition of "short-term disability plan" to eliminate specifications regarding the length of short-term disability coverage and the maximum amount of the benefit and to specify eligibility for the plan is based on completion of any required waiting period;
● Requires the director, when feasible, to enter into contracts or renewals for group benefit plans that are self-funded;
● Specifies that the level of the state contribution for group benefit plans for state personnel system employees is to be determined by the director pursuant to the employee compensation process established in law;
● Requires the total premium and the state contribution for each group benefit plan offered to state personnel system employees and for each tier within a plan to be the same for all eligible employees, and specifies that "tier" means the coverage options of single employee, employee with one covered dependent, and employee with 2 or more covered dependents; and
● Removes the statutory cap on the level of the state contribution for group benefit plans.
APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003
H.B. 03-1335 Public records - exception for security arrangement or investigation records. Clarifies that records received by or provided to the office of preparedness, security, and fire safety (office) in the department of public safety from any source and any records received by any state agency or political subdivision of the state from or on behalf of the office in connection with the performance of its duties constitute specialized details of security arrangements or investigations and are not available for inspection by the public.
APPROVED by Governor May 2, 2003
EFFECTIVE May 2, 2003
H.B. 03-1341 Department of revenue - annual licenses, registrations, and certifications - renewal date. Authorizes the executive director of the department of revenue (department) to change the renewal date of an annual occupational license, registration, or certificate issued by the department to ensure that an equivalent number of licenses, registrations, or certificates are renewed each month. Requires that the fees for such licenses, registrations, or certificates be prorated.
Removes the cash fund reserve limit on the auto dealers license fund until July 1, 2006.
APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003
H.B. 03-1350 Secretary of state - code of Colorado regulations and Colorado register - electronic publication. Extends the date for the secretary of state to produce an electronic publication of the code of Colorado regulations and the Colorado register. Specifies that in the event of a discrepancy between the printed and electronic versions of the code or the register, the printed version shall prevail unless it is shown to be erroneous.
APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003
H.B. 03-1354 Microenterprise development - advisory council created. Establishes a microenterprise development advisory council (council) to assist the director of the office of economic development in integrating the principles of microenterprise development into small business development and assistance programs in Colorado.
Specifies the number of members that shall serve on the council and states that members shall have backgrounds in specified industries or organizations. States that the members shall be appointed by the governor.
Requires the council to produce an annual report that shall be submitted to the general assembly detailing the status of microenterprises in Colorado and recommending the best practices available for microenterprise development. States that the report shall be funded through gifts, grants, and donations. Authorizes the council to receive financial and administrative support from non-profit organizations and specifies that council members shall serve without compensation.
APPROVED by Governor June 5, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
|
||||
|
|
||||
The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.