S.B. 04-8 Department of personnel - powers and duties of the director - procedures for state employee health benefits. Eliminates the restrictions concerning the number and types of health benefit plans that the state personnel director is required to approve for selection by state employees.
Allows the state personnel director to adopt procedures to determine benefit eligibility requirements and the percentage of the state contribution to health benefits for all employees who work less than full time, are subject to the rules of the state personnel system, and are hired on or after January 1, 2005. Requires the director to include any proposed changes to the group benefits policy in the annual compensation report and recommendations submitted to the governor and the joint budget committee of the general assembly.
APPROVED by Governor April 8, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-22 Uniform compact - insurance - life - disability income - group annuity - long-term care - creation of commission - duties of the commission - uniformity of rate filings and forms - rules - participation in the compact. Makes findings and defines terms. Appoints the insurance commissioner as the state's representative to the interstate insurance product regulation commission (commission). Outlines the purpose of the commission. Establishes the commission as a body corporate and politic. Specifies that the commission is to:
● Develop uniform standards for individual and group annuity, life insurance, disability income, and long-term care insurance;
● Receive and review product lines; and
● Approve product filings.
Establishes venue for the commission in the state where the principal office of the commission is located. Specifies the powers of the commission. Sets out the organization of the commission. Requires that each member of the commission be entitled to one vote and be allowed to participate in the governance of the commission. Requires a 2/3 vote of the members of the commission for a uniform standard of the commission to be effective. Allows for a majority vote of the members of the commission for the rules governing the commission to be effective.
Creates a management committee of the commission. Sets out how the management committee is established. Requires the commission to annually elect officers of the management committee. Outlines the duties of the management committee. Allows for legislative committees to make recommendations to the management committee. Establishes 2 advisory committees of consumer representatives and insurance industry representatives. Allows the commission to establish additional advisory committees as it deems appropriate. Requires the commission to keep records. Provides for qualified immunity, defense, and indemnification of members of the commission, officers, the executive director, employees of the commission, and agents of the commission.
Sets out that the commission shall meet in compliance with the bylaws of the commission. Specifies that a uniform standard adopted by the commission is effective at least 90 days after its promulgation by the commission. Outlines the procedures for a state to opt out of this compact. Clarifies that if a state opts out of the compact, the uniform standards are invalid until such state enacts a law to repeal the opt-out provision. Allows for judicial review of any operating procedure or rule of the commission.
Requires the commission to establish procedures for public access to filings made to the commission. Requires the commission to monitor compacting states for compliance with procedures and rules of the commission. Allows the commission to attempt to resolve disputes between compacting states.
Requires insurers and 3rd parties seeking to have a product approved by the commission to file product information with the commission. Requires the commission to establish filing procedures and review processes for filings received by the commission. Declares that any product approved by the commission may be sold or issued in a compacting state in which the insurer is authorized to conduct business.
Outlines an appeal process for filings that are not approved by the commission. Allows the commission to monitor, review, and reconsider products and advertising approved by the commission for conformity with the commission's uniform standards.
Allows the commission to pay for administrative expenses of the commission. Allows the commission to fund its initial operations with moneys from the national association of insurance commissioners, compacting states, and other sources. Requires the commission to collect a filing fee from each insurer filing a product with the commission. Specifies that the commission is a tax-exempt entity. Prohibits the commission from incurring debt.
Allows any state to become a compacting state. Binds a compacting state upon legislative enactment of at least 2 or more compacting states. Clarifies that uniform standards of the commission are binding after 26 states join the compact or after states representing 40% of the premium volume for life insurance, annuity, disability income, and long-term care insurance products join the compact. Allows amendments to the compact to be adopted by the compacting states. Allows a state to withdraw from the compact. Outlines the procedure and effect of withdrawing from the compact.
Permits the commission to take action against a compacting state that defaults on its obligations under the compact. States that the compact is dissolved when only one state remains in the compact. Outlines the binding effect of the compact and specifies remedies when the compact exceeds the limitations of the law.
APPROVED by Governor March 11, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-89 Cooperative purchasing - local public procurement units - local housing agencies - certification. Authorizes the executive director of the department of personnel to certify any nonprofit local housing agency as a local public procurement unit for purposes of cooperative purchasing agreements. Requires the agencies to use the supplies, services, or construction it procures for the rehabilitation, construction, acquisition, or provision of low- or moderate-income housing.
APPROVED by Governor April 8, 2004
EFFECTIVE April 8, 2004
S.B. 04-90 Public employees' retirement association - confidentiality of investment information. Specifies that information regarding private equity, private debt, and timber investments made by the public employees' retirement association may be kept confidential until the transaction is complete if disclosure of the information would jeopardize the value of the investment.
APPROVED by Governor March 29, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-107 State deferred compensation plan - public officials' and employees' defined contribution plan - membership of deferred compensation committee - confidentiality of financial information - moneys subject to legal process. Allows a retiree who participates in the state deferred compensation plan to serve as a member of the state deferred compensation committee.
Requires personal financial information of participants and benefit recipients of the state deferred compensation plan and the public officials' and employees' defined contribution plan to be kept confidential.
Specifies that moneys in the public officials' and employees' defined contribution plan are not subject to legal process except in specified circumstances related to a dissolution of marriage proceeding.
Clarifies that an office of a district attorney is an "employer" for purposes of the public officials' and employees' defined contribution plan. Corrects references to the federal internal revenue code that relate to the division of assets of a public employee in a dissolution of marriage action.
APPROVED by Governor April 1, 2004
EFFECTIVE April 1, 2004
S.B. 04-132 Public employees' retirement association - member account interest rate - contribution calculation, reporting, and payment requirements - suspension of matchmaker program - amortization of overfunding - employer contributions to the health care trust fund - service retirement eligibility - annual benefit increase. Reduces the rate of interest credited to the member contribution accounts of members of the public employees' retirement association (PERA) from 80% of the actuarial investment assumption rate to a maximum of 5% per year, effective July 1, 2004. Requires the PERA board to set the rate of interest to be credited each calendar year, subject to the maximum of 5%.
Changes the due date for contributions and contribution reports to PERA to 5 days after the date members are paid.
Reflects the reduction in the employer contribution rate table in the state and school division and in the judicial division that began in 2000 as provided by existing law. Further provides for the calculation, reporting, and payment of contributions to PERA.
Requires that matching employer contributions on members' voluntary contributions to tax-deferred retirement programs terminate for payroll periods that end after the last day of the calendar month following the effective date of the act, and thereafter resume only when PERA's assets exceed 110% of actuarial liabilities. Removes the one percent of salary limit on year-to-year changes in the amount of matching contributions.
Considers a division to be overfunded and requires a reduction in the employer contribution rate when the actuarial value of assets exceeds 110% rather than 100% of liabilities. Allows the amortization of overfunding for 30 years for overfunding up to 115% and for 20 years for overfunding in excess of 115%. Allows for the calculation of any decrease in employer contribution rates due to overfunding. Removes restrictions governing the minimum and maximum percentage change in employer contribution rates due to overfunding.
Changes the due date for contributions to the association's 401(k) plan to 5 days after the date members are paid and requires the contributions to be delivered to the service provider designated by the association.
Reduces the portion of employer contributions that is placed in the health care trust fund from 1.1% to 1.02% of salary.
For any person who becomes a member of the association on or after July 1, 2005, specifies:
● The age and service credit requirements for service retirement eligibility; and
● That the annual increase applied to benefits shall be the lesser of 3% or the increase in the consumer price index.
APPROVED by Governor April 30, 2004
PORTIONS EFFECTIVE April 30, 2004
PORTIONS EFFECTIVE July 1, 2004
PORTIONS EFFECTIVE July 1, 2005
S.B. 04-143 Construction contracts with public entities - partial payments - payment bonds. Modifies the mandatory payment retention system that public entities use for contract awards for the construction, alteration, or repair of any highway, public building, public work, or public improvement, structure, or system by authorizing public entities to make partial payments of the monthly amount due under a contract until 50% of the public project has been satisfactorily completed when the contract exceeds $150,000 rather than $80,000.
For a contract with a public entity that exceeds $150,000 rather than $80,000, allows the contractor to deposit acceptable securities with the public entity in lieu of having a percentage of the contract price withheld.
Requires a contractor that is awarded a state contract to deliver a performance bond and a payment bond to the state when the contract exceeds $100,000 rather than $50,000.
APPROVED by Governor April 1, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-146 Counterdrug activities - state patrol - procurement of equipment - cash fund. Authorizes the Colorado state patrol to receive moneys from local governments and state agencies for the procurement of law enforcement equipment suitable for counterdrug activities through the United States department of defense. Creates the counterdrug activities cash fund, into which these moneys will be deposited. Continuously appropriates the moneys in the cash fund to the Colorado state patrol to fund payments for the procurement of equipment for counterdrug activities.
APPROVED by Governor April 8, 2004
EFFECTIVE April 8, 2004
S.B. 04-147 Financial assistance to the elderly or disabled - department of revenue - administration. States that the laws concerning the procedure and administration of certain taxes shall apply to grants authorized by the department of revenue through the programs that provide financial assistance to the elderly or disabled for the payment of property tax, rent, and heat or fuel.
Authorizes the executive director of the department of revenue to promulgate rules necessary for the administration of the programs.
APPROVED by Governor April 8, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-157 Lobbyists - exclusion from lobbying. Eliminates the provision that a person who makes more than 3 appearances on a single issue, rule, rate, or bill before a committee, board, or commission is lobbying. Replaces the provision with an exclusion from the definition of "lobbying" of persons who are not otherwise registered as lobbyists and whose activities are limited to appearances to give testimony or provide information to committees of the general assembly or at public hearings of state agencies or who give testimony or provide information at the request of public officials or employees and who clearly identify themselves and the interest for whom they are testifying.
APPROVED by Governor April 13, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-171 Contingency-based contracting. Specifies that a contingency-based contract entered into by a state agency is valid only if:
● The head of the principal department of state government entering into the contract or containing the agency entering into the contract signs the contract and an analysis of the contract and submits the contract and the analysis to the office of state planning and budgeting (office), and the office approves the contract and transmits its approval in writing to the department; or
● A state statute specifically authorizes the state agency to enter into the contract.
Requires the analysis of a contingency-based contract submitted to the office to address:
● The extent to which the contract requires the vendor's compensation to be computed on a contingency basis and the maximum potential contractual liability to pay contingency-based compensation to the vendor;
● The extent to which it is necessary to offer contingency-based compensation to the vendor and the amount of any reduction in fixed contractual costs achieved by offering contingency-based compensation;
● The extent to which the contractually specified performance measure used to determine contingency-based compensation is appropriate and capable of being accurately determined;
● The extent to which the contingency-based compensation specified in the contract might affect the state budgeting and appropriations process; and
● Any other factors that the department or agency deems relevant to consider in evaluating the contract.
Requires the office to promptly transmit written notification of a decision to approve a contingency-based contract to the head of the principal department that submitted the contract to the office and to the joint budget committee. Specifies that the new statutory provisions shall not be construed to repeal, supersede, or otherwise affect any other statutory provisions that limit the use of or require review or approval of contingency-based contracts or to authorize or prohibit a state agency from entering into a contingency-based contract in the absence of a statute that specifically authorizes the agency to enter into such a contract.
APPROVED by Governor May 27, 2004
EFFECTIVE May 27, 2004
S.B. 04-204 Administration of the state-supervised lottery program. Reclassifies the state lottery division (division) within the department of revenue (department), currently classified as a type 1 agency, as a type 2 agency for purposes of the "Administrative Organization Act of 1968", but grants the lottery commission (commission) the full and exclusive authority to promulgate rules related to the lottery without any approval by, or delegation of authority from, the department.
Expands the types of rules under which the director of the division (director) is to supervise and administer the lottery to include state fiscal rules, state personnel rules, and state procurement rules. Requires the director to ensure that the division conducts full criminal background investigations of vendors, officers of licensed sales agents, members of the lottery commission, and division employees as are necessary to ensure the security and integrity of the operation of the state lottery. Authorizes the executive director of the department (executive director) to request the division of gaming to perform such investigations.
Extends existing disclosure rules to cover persons supplying services, equipment, or materials. Extends existing rules forbidding suppliers from being directly or indirectly connected with any person involved in the lottery or the department to include persons supplying services, equipment, or materials. Makes the state procurement code applicable to all contracts entered into by the lottery. Requires the executive director to ensure that any competitive solicitation process conducted by the lottery is designed to encourage broad vendor competition. Requires the evaluation team for any bid for a contract for services, equipment, or materials or for the purchase or lease of gaming equipment and materials, the amount of which bid is in excess of a specified amount, to include an individual, who is neither employed by nor affiliated with the division, and who possesses specific expertise in the procurement of the services, equipment, or materials or in the purchase or lease of the gaming equipment or materials that are the subject of the bid. Requires such individual to be selected by the executive director in accordance with the requirements of the act.
Clarifies that commission members are to receive as compensation for their services up to $100 per month for each month in which there is an official commission meeting. Requires the commission to keep complete and accurate audio recordings of all of its meetings for at least 3 years.
Deletes existing statutory language permitting commission members and employees of the division to accept certain nonpecuniary items of insignificant value.
Prohibits any member of the commission or employee of the division who terminates his or her relationship with the commission or the division, for a period of one year from the date of termination of membership on the commission or employment with the division, as applicable, from accepting employment with any lottery vendor or representing any lottery vendor before the division or the commission.
Requires the commission to adopt by rule a code of ethics that is to be binding upon all of its members. Requires each member of the commission to complete training at least once each year on the code and to further certify on an annual basis that he or she is knowledgeable about the code and has no conflicts of interest.
Requires the division to deposit all liquidated damages into the lottery fund. Prohibits revenues received from liquidated damages from being expended by the division unless appropriated by the general assembly. Prohibits the division from receiving any goods or services in lieu of an assessment of liquidated damages and from requiring a vendor to purchase goods and services in lieu of an assessment of liquidated damages.
Specifies that the moneys reserved by the lottery at the end of each fiscal year to ensure the operation of the lottery for the next fiscal year are to be held in cash and investments.
Requires the annual audit of the lottery fund by or under the direction of the state auditor to include compliance with section 3 of article XXVII of the state constitution (GOCO).
Expands the persons to whom the commission and the director are to submit their required annual report to include the legislative audit committee and the joint budget committee. Requires the director to evaluate the lottery's expenditures to determine areas where the expenditures may be reduced with the goal of increasing net proceeds as a percentage of sales paid to the beneficiaries. Requires the director, by a specified date, to report to the governor, the legislative audit committee, and the joint budget committee on any recommendations he or she desires to make based upon the evaluation.
Requires non-cash prizes that are forfeited by a lottery winner to be sold at fair market value. Requires the proceeds of the sale to be transmitted to the state treasurer for disbursement in accordance with existing law.
Makes modifications to the existing statutory factors the state auditor is to take into consideration in conducting performance audits of the division.
APPROVED by Governor May 27, 2004
EFFECTIVE July 1, 2004
S.B. 04-220 Leveraged leasing agreements - modifications - state sovereign immunity - risk management fund. Permits the executive director of the department of personnel to enter into an indemnity agreement with a private person to whom a qualified state capital asset is being leased as part of a leveraged leasing agreement, and, in connection therewith:
● Waives the state's sovereign immunity in an action for injuries resulting from the operation and maintenance of a qualified state capital asset that is the subject of a leveraged leasing agreement.
● Allows expenditures from the risk management fund to pay liability claims and expenses incurred pursuant to the indemnity agreement.
Excludes any building, structure, facility, utility, transportation infrastructure, or any other depreciable asset from the definition of "qualified state capital asset" so that the definition only includes qualified technological equipment. Eliminates the requirement that the state treasurer approve a leveraged leasing agreement entered into by the executive director of the department of personnel. Broadens the statutory limitation on liability given to a private person that enters into a leveraged leasing agreement from any liability in tort to any liability in any type of action.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
S.B. 04-224 Peace officer status - sunrise process - review and hearing by the P.O.S.T. board - P.O.S.T. board report. Creates a sunrise process for a group that desires peace officer status for itself or a specific position. Requires a group that seeks statutory peace officer status to submit the following to the peace officer standards and training board ("P.O.S.T. board"):
● A description of the group and the number of persons in the group;
● A description of the specific need for the authority and protection;
● An explanation of the public benefit of granting statutory peace officer status;
● An accounting of the costs associated with granting statutory peace officer status; and
● A resolution of support from the chief executive overseeing the group.
Directs the P.O.S.T. board, after receiving the information, to prepare an analysis and evaluation and recommendation. Compels the P.O.S.T. board to conduct a hearing with the proponents. After the hearing, directs the P.O.S.T. board to present a report to the proponents and the house and senate judiciary committees. Allows the proponents to ask the general assembly to consider legislation for 2 years after issuance of the report without going through the process again.
Grants the P.O.S.T. board rule-making authority for determining the criteria applicable to peace officer status applications.
Requires any statutory peace officer status granted after July 1, 2003, that did not go through the sunrise process to follow the steps in the sunrise process at the direction of the P.O.S.T. board.
APPROVED by Governor June 4, 2004
EFFECTIVE June 4, 2004
S.B. 04-231 Secretary of state - electronic filing - electronic access. Authorizes the secretary of state to:
● Require any filing be made by electronic means as determined by the secretary of state;
● Designate electronic access as the sole means of access to a document stored by the department of state, to the extent such designation is reasonable and feasible;
● Use a phase-in period or any other method to mitigate hardship caused by mandatory electronic services; and
● Provide exceptions from mandatory electronic services where hardship or other good cause is shown.
Requires the secretary of state to assure that electronic filings or electronic access may be made without customized or specially designed electronic hardware or software.
APPROVED by Governor May 27, 2004
EFFECTIVE May 27, 2004
S.B. 04-233 Parking structure in capitol complex - lease-purchase agreement - capitol parking authority - enterprise status - revenue bonds. Creates the capitol parking authority ("authority") within the department of personnel. Authorizes the authority to issue revenue bonds with the approval of the general assembly, and provides that it may constitute an enterprise for purposes of TABOR.
Authorizes the authority to enter into a lease-purchase agreement for construction of a parking structure on the southeast corner of 14th avenue and Lincoln street ("lease-purchase agreement"). Limits the total amount that may be financed under the lease-purchase agreement to $7.5 million, and limits the term to 20 years. Specifies other allowable provisions, and requires the lease-purchase agreement to include provisions for early pay-off.
Allows the department of personnel to use moneys in the special account for off-street parking for making payments on the lease-purchase agreement.
APPROVED by Governor June 4, 2004
EFFECTIVE June 4, 2004
S.B. 04-236 Division of emergency management. Transforms the office of emergency management, which is currently part of the division of local government in the department of local affairs, into the division of emergency management in the department of local affairs.
APPROVED by Governor May 27, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-243 Agency cost savings - performance-based bonuses. Permits an agency to use up to half of the amount of its cost savings, which are any moneys that an agency does not expend from its general fund appropriations for a given fiscal year that are a direct result of cost-cutting measures, for the purpose of paying performance-based bonuses to the employees of the agency. Establishes this use as an alternative to allowing an agency to transfer up to 20% of its cost savings from one item in the appropriation for the agency to a different item. Requires that prior to the end of the same year, an agency submit written notice to the joint budget committee, the office of state planning and budgeting, and the state controller of the amount of the cost savings achieved by the agency during the state fiscal year.
Requires the same criteria established for a salary increase based on performance to be used to determine eligibility for a performance-based bonus. Establishes that a performance-based bonus shall be in addition to any other compensation authorized by law, and that it shall not affect the compensation that the employee is entitled to receive in a subsequent year.
APPROVED by Governor May 27, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-244 Statewide internet portal authority - creation - board of directors - powers and mission of the authority - limitation on fees and charges - financing - bonds - annual report. Creates the Colorado statewide internet portal authority (authority). Includes the authority within the definition of a "special purpose authority" for purposes of the state fiscal policies relating to section 20 of article X of the state constitution. Designates the members of the board of directors of the authority.
Specifies the powers and mission of the authority, including the provision of electronic access for members of the public to electronic information, products, and services maintained or distributed by a state agency or local government through a statewide internet portal and direction to contract with a statewide internet portal integrator.
Specifies the sources of funding for the authority. Authorizes the issuance of bonds and notes of the authority payable from revenues of the authority. Specifies that such bonds and notes shall not be a debt of the state. Provides that all moneys received by the authority are held as trust funds.
Requires the authority to make an annual report within 6 months after the end of the 2004-05 fiscal year, and each fiscal year thereafter, to the state, veterans, and military affairs committee of the senate or other committee of reference designated by the president of the senate and to the information and technology committee of the house of representatives or other committee of reference designated by the speaker of the house.
APPROVED by Governor June 3, 2004
EFFECTIVE June 3, 2004
S.B. 04-251 Department of regulatory agencies - contracts for personal services - licensing - retention of fees. Authorizes the executive director of the department of regulatory agencies (department) to enter into contracts for personal services for the purpose of decreasing annual appropriations. Authorizes the executive director to contract with persons to perform the licensing and examination functions of the divisions in the department when a division lacks the necessary technical expertise. Allows contractors under such contracts to collect fees directly from applicants and to retain all or a portion of the fees as payment for services. States that the act does not limit the powers of any type 1 board in the department.
Authorizes the real estate commission to contract with an independent testing service to develop, administer, or grade license examinations for real estate brokers or to administer licensee records. States that the contract may allow the testing service to recover the costs of the examination and the costs of administering exam and license records from the applicant.
Authorizes the board of real estate appraisers to contract for license examinations.
Allows contractors who administer and grade license examinations for insurance producers, broker-dealers, investment adviser representatives, and real estate brokers to retain fees collected from applicants.
APPROVED by Governor May 27, 2004
EFFECTIVE May 27, 2004
S.B. 04-256 Unclaimed property - sale of securities - tourism promotion. Requires the state treasurer to sell securities that are held as unclaimed property after holding the securities for at least one year. Requires the proceeds of the sales to be deposited in a newly created unclaimed property tourism promotion trust fund. Prohibits the expenditure of the principal of the fund except to pay unclaimed property claims. Requires interest from the fund to be credited to the Colorado travel and tourism promotion fund.
Specifies that beginning with the 2005-06 fiscal year, not less than 10% of the moneys credited to the Colorado travel and tourism promotion fund shall be appropriated to promote the state fair and other events held at state fair facilities throughout the year. Requires the board of directors of the Colorado tourism office to consult with the board of commissioners of the Colorado state fair authority regarding the expenditure of this portion of the moneys.
APPROVED by Governor May 27, 2004
EFFECTIVE May 27, 2004
S.B. 04-257 Public employees' retirement association - amortization equalization disbursement - creation of defined contribution plan - public officials' and employees' defined contribution plan - bundled providers - appropriation. Separates the state and school division of the public employees' retirement association (PERA) into a state division and a school division. Renames the municipal division of PERA the local government division.
Clarifies the composition of the PERA board (board) as a result of the separation of the state and school division and the renaming of the municipal division as the local government division.
Creates 2 separate trust funds for the state division and the school division of PERA and renames the division trust fund the local government division trust fund.
Changes the due date for the delivery of contribution reports by PERA employers and the full amount of employer and employee contributions to PERA. Reflects the reduction in the employer contribution rate table in the former state and school division, now the state division and the school division, and in the judicial division that began in 2000 as provided by existing law. States that the employer contribution rate for the school division shall be 10.55% on and after January 1, 2013. Further specifies the manner of the calculation, reporting, and payment of contributions to PERA.
Considers a division to be overfunded and requires a reduction in the employer contribution rate when the actuarial value of assets exceeds 110% rather than 100% of liabilities. Specifies periods for the amortization of overfunding and for the calculation of any decrease in employer contribution rates due to overfunding. Removes restrictions governing the minimum and maximum annual percentage change in employer contribution rates due to overfunding.
Requires employers to deliver an amortization equalization disbursement to PERA. Specifies that the disbursement beginning in January 2006 shall be 0.5% of the employer's total payroll. States that the equalization disbursement shall increase by 0.4% of total payroll at the start of each of the following calendar years through 2012, except that the total of the amortization equalization disbursement shall not exceed 3% of the employer's total payroll for any calendar year.
States that the salary of a service retiree who is employed by a public employer after retirement shall be subject to employer contributions but shall not be subject to member contributions unless the service retiree voluntarily suspends service retirement benefits.
Changes the due date for contributions to PERA's 401(k) plan to 5 days after the date members are paid, and requires the contributions to be delivered to the service provider designated by PERA.
Authorizes the board to establish and administer a defined contribution retirement plan (PERA's defined contribution plan) for eligible state employees. In connection with PERA's defined contribution plan:
● Specifies that the assets of PERA's defined contribution plan shall be held in a separate trust fund of PERA created for such assets.
● States that an eligible employee shall elect to become a member of PERA or to participate in the public officials' and employees' defined contribution plan created by the state deferred compensation committee (committee's defined contribution plan) within 60 days of commencing employment. States that if the employee does not make an election within 60 days, the employee shall become a member of PERA.
● Specifies that an eligible state employee, for purposes of electing to participate in PERA or in the committee's defined contribution plan, is an employee who is hired on or after January 1, 2006, has not been a member or retiree of PERA or an active participant in the committee's defined contribution plan during the 12 months prior to the date that the employee commences employment, is not covered by a student employees' defined contribution plan, and is not an employee of a state college or university.
● Specifies that an eligible employee who elects to become a member of PERA shall be covered by the association's defined benefit plan unless the employee elects to participate in PERA's defined contribution plan in lieu of the defined benefit plan within 60 days of commencing employment.
● Allows an employee who is a member of the defined contribution plan to irrevocably elect to remain in the plan within 60 days of commencing employment in a different state position for which the defined contribution plan is not otherwise available.
● Allows an employee who participates in PERA's defined contribution plan to have control of the investment of his or her account. Specifies certain requirements of the board related to such investments.
● States that the employer and employee contribution rates for PERA's defined contribution plan are the same as for the defined benefit plan. States that members of PERA's defined contribution plan shall be immediately vested in their own contributions to the plan and shall be immediately vested in 50% of the state's contribution to the plan. Specifies the schedule for further vesting in the state's contribution.
● Allows an employee who elected to participate in PERA's defined contribution or defined benefit plan to switch his or her participation to the other plan at any time during the 2nd to 5th year of employment. Specifies procedures for the purchase of service credit for employees who participate in PERA's defined contribution plan.
● Allows the board to provide optional coverage for disability, survivor, and retiree health care benefits to members of PERA's defined contribution plan. Allows the board, with the approval of the state deferred compensation committee (committee), to provide such optional coverage to any participant in the committee's defined contribution plan.
● States that PERA's defined contribution plan may accept a direct rollover or a member rollover to the extent permitted by federal law and authorized by PERA's defined contribution plan.
● Specifies distribution options and rights for PERA's defined contribution plan members.
● Allows a member of PERA's defined contribution plan to participate in optional life insurance and long-term care insurance and to enroll in PERA's health care and 401(k) programs. Allows the board, with the approval of the committee, to offer such optional benefits to participants in the committee's defined contribution plan.
● Requires PERA to include certain information in a quarterly report to employees who participate in PERA's defined contribution plan.
● Specifies that contributions to PERA's defined contribution plan shall not be assignable or be subject to execution, levy, attachment, garnishment, bankruptcy proceedings, or other legal process.
● States that a member of PERA's defined contribution plan shall not be eligible for matchmaking contributions for voluntary contributions made from salary earned as a member of the defined contribution plan.
Modifies the committee's defined contribution plans as follows:
● Adds to the definition of "eligible employee" any employee who commences employment with an employer on or after January 1, 2006, and has not been a member or retiree of PERA or an active participant in the committee's defined contribution plan during the 12 months prior to the date that he or she commenced employment.
● Specifies that the definition of "employer" shall not include any state college or university as defined in the educational employees' optional retirement plan, any institution under the control of the board of regents of the university of Colorado, or an institution governed by the university of Colorado hospital authority.
● Specifies that the committee may establish and administer only one defined contribution plan.
● Directs the committee to select 3 separate and distinct bundled providers of investment products for the committee's defined contribution plan, and allows the committee to limit the number of funds offered by each bundled provider.
● Allows the committee to provide optional coverage for disability, survivor, retiree health care, life insurance, and long-term care benefits to participants in the committee's defined contribution plan.
● Authorizes the department of personnel to assess a fee for the actual and reasonable costs of administering the committee's defined contribution plan, and requires fees to be credited to the defined contribution plan administration fund. Authorizes each provider of investment products to charge participants in the committee's defined contribution plan an administrative fee that incorporates the cost of such assessment. Requires the providers to disclose the amount of administrative fees on a quarterly basis.
● Authorizes the department of personnel to work with the providers and PERA to assemble and distribute materials to educate new employees regarding the committee's defined contribution plan and PERA's defined contribution and defined benefit plans. Requires the department and PERA to share the cost of assembling and distributing such materials.
● In designating companies from which investment products shall be purchased for the committee's defined contribution plan, directs the committee to consider the ability of the companies to provide high quality information and advice on investment products and asset allocations and the fees and costs associated with the investment products.
● Allows any employee who participates in the committee's defined contribution plan to make an one-time irrevocable election to continue to participate in the plan upon commencing employment in a different state position for which a defined contribution plan is not available. Requires an employee to make such an election within 60 days of commencing new employment.
● Allows any employee who becomes an employee eligible to participate in the committee's defined contribution plan after January 1, 2006, to make a one-time irrevocable election to participate in the committee's defined contribution plan or PERA within 60 days of commencing employment.
Makes appropriations totaling $117,891 from the defined contribution plan administration fund in order to implement the legislation.
APPROVED by Governor June 4, 2004
PORTIONS EFFECTIVE July 1, 2004
PORTIONS EFFECTIVE July 1, 2005
PORTIONS EFFECTIVE January 1, 2006
H.B. 04-1004 Internet protection for minors using public libraries. Requires the governing body of each public library by December 31, 2004, to adopt and implement a policy of internet safety for minors that includes the operation of a technology protection measure for each computer operated by the public library that allows for access to the internet by a minor.
After the adoption and implementation of the internet safety policy, requires the governing body of each public library to continue to enforce the operation of the technology protection measure for each computer operated by the public library that allows for access to the internet by a minor.
Subject to the requirements of the act, requires an administrator, supervisor, or other authorized person to temporarily disable the technology protection measure entirely to enable access to the internet on a computer able to be accessed by a minor by an adult upon request without significant delay by the public library in responding to the request. Subject to the requirements of the act, authorizes an administrator, supervisor, or other authorized person to temporarily disable the technology protection measure entirely to enable access to the internet on a computer able to be accessed by a minor by a minor for bona fide research or other lawful purposes where the internet use in connection with the research or other lawful purpose is supervised by an administrator, supervisor, parent, guardian, or other person authorized by the public library to perform such function.
Where the public library has installed a technology protection measure that requires electronic verification of the age of the computer user, or where the parent or guardian of a minor has provided explicit prior approval for use of the computer by the minor, before the technology protection measure required by the act is disabled, specifies that no additional involvement by the staff of the public library is required.
Specifies that the technology protection measure shall not be disabled in connection with a computer located in an area in a public library facility used primarily by minors.
Specifies that nothing in the act shall be construed to prohibit a public library from limiting internet access to or otherwise protecting against materials other than those that are obscene, child pornography, or harmful to minors. Specifies that nothing in the act shall be construed to require any additional action on the part of any public library that is already in compliance with the requirements of the act as of July 1, 2004. Specifies that nothing in the act shall be construed to require any additional action on the part of any public library in circumstances where:
● No moneys exist in the budget for such library for the purchase of a technology protection measure that satisfies the requirements of the act; and
● After a good faith effort, the library is unable to acquire a technology protection measure free of charge that satisfies the requirements of the act.
APPROVED by Governor April 23, 2004
EFFECTIVE July 1, 2004
H.B. 04-1020 State employee incentive program for cost-savings innovations - recommendations - report. Eliminates the current statutory incentive award suggestion system and the incentive award suggestion system board in the department of personnel. Requires the state personnel director to submit a report to the joint budget committee with recommendations for the implementation of a new state employee incentive program. Requires the director to consult with representatives from specific offices in developing the recommendations. Specifies certain elements that the director shall include in the recommendation for the employee incentive program, including a mechanism to return an amount equal to 50% of any cost savings to the taxpayer and to allow the department in which the employee is employed to retain an amount equal to 50% of the cost savings.
APPROVED by Governor April 7, 2004
EFFECTIVE April 7, 2004
H.B. 04-1022 Department of personnel - division of central services. Makes the following changes to the statutes that relate to the department of personnel (department) that are administered by the division of central services:
● Changes the definition of the services provided by the department.
● Requires the department to work with state agencies to prepare a strategic plan every 5 years, instead of providing recommendations for current and long-range operations.
● Adds responsibilities related to services, software related to services, and digital imaging and digital conversion techniques.
● Clarifies the department's responsibilities related to the state capitol buildings group.
● Modifies the statutes pertaining to the permanent assignment and replacement of state-owned motor vehicles.
● Eliminates the requirement that the department acquire motor vehicle liability insurance on all state-owned motor vehicles under the control of the department.
● Requires the commuting reimbursement rate and exceptions thereto be set by rule.
● Eliminates the state vanpool program.
● Allows the department to grant a waiver that allows a state agency to acquire a vehicle from a source other than the department.
● Eliminates a pilot program related to the procurement of travel products for state employees.
APPROVED by Governor April 7, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1023 State rock - Yule marble. Designates Yule marble as the state rock of the state of Colorado.
APPROVED by Governor March 9, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1093 Agricultural products preference - state government purchasing. Requires state agencies that purchase agricultural products to give a preference to products produced in the state by resident bidders if certain conditions are met. Specifies that, to be considered an agricultural product produced in the state, the product must be grown, raised, or processed in the state. Requires resident bidders seeking to qualify for the preference to certify to the state agency inviting the bid that the resident bidder's agricultural product was produced in the state.
APPROVED by Governor April 5, 2004
EFFECTIVE April 5, 2004
H.B. 04-1098 Custodial moneys - exclusion of federal moneys. Clarifies that custodial moneys do not include moneys granted by the federal government to the state for the support of state government services of the type for which expenditures are made in the most recently approved long bill, including, but not limited to, federal relief payments under the federal "Jobs and Growth Tax Relief Reconciliation Act of 2003". Requires this type of federal moneys to be credited and paid to the general fund, unless otherwise provided by law, and subjects the moneys to annual appropriation.
Specifies that the act shall not cause federal relief payments received by the state prior to the effective date of the act to be credited or transferred to the general fund.
APPROVED by Governor April 30, 2004
EFFECTIVE April 30, 2004
H.B. 04-1171 Employee benefits - retirement health savings trust - investigation of benefits and drawbacks - report. Requires the state personnel director to investigate the benefits and drawbacks of establishing a retirement health savings trust for the benefit of state employees. Requires the director, in investigating the benefits and drawbacks of establishing a retirement health savings trust, to consider the feasibility of the following:
● The state, as an employer, establishing a trust for the purpose of providing retirement health benefits to state employees who choose to participate in the trust;
● The state specifying that providing retirement health benefits is an integral part of the state's activities;
● The state treating a trust that makes the provision of retirement health benefits possible as an integral part of the state and therefore including the trust in the state's tax-exempt status;
● The state creating an individual account within the trust for each state employee who chooses to participate and allowing the state to make pretax contributions, including unused annual or sick leave, to a state employee's account on behalf of the employee;
● The state maintaining substantial control of the trust and having the power to amend or terminate the trust and to appoint the trustees of the trust;
● The state allowing each state employee who participates in the trust to determine how his or her money will be invested;
● The state allowing all moneys in the trust to grow without being subject to state or federal income taxes;
● The state allowing participating state employees to make withdrawals on a tax-free basis after reaching a certain age, so long as the moneys are used for qualified medical expenses; and
● The state allowing any assets that remain in a participating state employee's account at the time of the employee's death to be used for qualified medical expenses by the employee's spouse, dependents, or other beneficiaries.
Directs the state personnel director to determine the benefits and drawbacks to the state and to state employees of allowing the state, as an employer, and state employees the option to make certain kinds of contributions to a retirement health savings trust. Requires the director to investigate the benefits and drawbacks of various potential terms of a retirement health savings trust.
Requires the state personnel director to submit a written report to certain members of the state legislature on or before December 1, 2004. Specifies that the report shall review the director's findings and shall make a recommendation regarding the establishment of a retirement health savings trust for the benefit of state employees.
APPROVED by Governor May 21, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1222 FY 2004-05 budget reduction bill - controlled maintenance trust fund - eliminate designated cash flow reserve. Eliminates the designated cash flow reserve that currently exists within the controlled maintenance trust fund. Transfers the balance of the designated cash flow reserve to the state general fund.
APPROVED by Governor April 5, 2004
EFFECTIVE April 5, 2004
H.B. 04-1228 Coordinator of environmental problems within governor's office - repeal. Repeals existing statutory provisions creating a coordinator of environmental problems within the office of the governor.
APPROVED by Governor April 7, 2004
EFFECTIVE April 7, 2004
H.B. 04-1244 Risk management fund - payment of defense of liability claims - experts retained by board or commission within department of regulatory agencies - duty of attorney general to represent experts. Authorizes expenditures to be made out of the risk management fund to pay the defense of liability claims, including related expenses, brought against certain experts and consultants who are retained by boards or commissions within the department of regulatory agencies and who have statutory immunity from civil suit.
Requires the attorney general to represent the experts and consultants.
APPROVED by Governor April 23, 2004
EFFECTIVE July 1, 2004
H.B. 04-1255 Department of regulatory agencies - review schedule of regulated professions and occupations. Changes the review schedule by the department of regulatory agencies (DORA) for the motor vehicle dealer board, the read-to-achieve board, and the division of racing events from 2008 to 2007, the compliance advisory panel to the air pollution control division in the department of public health and environment from 2007 to 2005, and the state board of examiners of architects, the utility consumers' board, and the consumer counsel from 2008 to 2006. Shortens the time by which certain functions of the department of agriculture are reviewed and the review of psychiatric technicians and certified nurse aides from 2010 to 2009. Schedules the service of process requirements for the division of real estate for review by DORA on July 1, 2008.
APPROVED by Governor April 7, 2004
EFFECTIVE July 1, 2004
H.B. 04-1267 FY 2004-05 budget reduction bill - controlled maintenance trust fund. For the 2004-05 and 2005-06 state fiscal years, repeals the transfers of moneys from the general fund to the controlled maintenance trust fund.
APPROVED by Governor April 21, 2004
EFFECTIVE April 21, 2004
H.B. 04-1353 Immunity - private organizations - hazardous material release - terrorism. Grants immunity from liability for death, injury, and property damage to private organizations and their officers, officials, directors, employees, and volunteers that are working under the direction of a local emergency planning committee or fire or law enforcement agency on emergency planning, training, or response activities regarding a hazardous material release, threat of release, or act of terrorism, except for willful and wanton acts or omissions.
Expands the immunity of government agencies to include threats of release of hazardous materials and acts of terrorism. Adds citizen corps councils and emergency rescue groups to the list of government agencies that have such immunity. Excludes willful and wanton acts or omissions from the grant of immunity.
APPROVED by Governor April 26, 2004
EFFECTIVE April 26, 2004
H.B. 04-1367 Exclusion of areas located within territorial boundaries of a municipality from area of a library district. Authorizes any of the following persons or entities, by filing a petition in the appropriate state district court (district court), to request an order of the district court excluding a particular area described in the petition that is within the territorial boundaries of a municipality from the area of a library district:
● The governing body of any municipality that includes all or any portion of the area of the library district within its territorial boundaries;
● A majority of the board of the library district, all or any portion of which is located within the territorial boundaries of the municipality; or
● 50% or more of the owners of real property within the area of the library district proposed for exclusion.
Requires the party filing the petition to give notice of the exclusion proceedings to the affected municipality and the board of the library district of the commencement of the exclusion proceedings and to also give notice by publication to the taxpaying electors, in a manner reasonably sufficient to notify the electors, of the commencement of the exclusion proceedings. Specifies that the municipality, the library district, and the taxpaying electors are to be parties to the exclusion proceedings.
Requires the exclusion petition to be filed in the district court for the judicial district in which all or any portion of the area that is described in the petition is located.
Subject to the voter approval requirements of the act, where the library district does not possess any assets that are located within the area described in the petition, requires the district court to hold a hearing on the petition and order the area described in the petition, or any portion of such area, excluded from the library district where the municipality agrees, as evidenced by the passage of a resolution or ordinance by its governing body, to provide to the area described in the petition, on and after the date of the exclusion order, the same level of service that the library district was providing to the area as of the date of the filing of the petition.
Where the library district possesses any assets that are located within the area described in the petition, requires the municipality and the board to each submit a plan that addresses the disposition of the assets of the library district and the proposed continuation of services to all areas of the library district. Describes required elements of the plan. Where the municipality and the library district agree upon the terms of a plan, requires the parties to enter into a written agreement incorporating the terms of the plan, and to submit a copy of the agreement to the district court for its review. Insofar as the district court finds the terms of the agreement fair and equitable, requires the district court to approve the agreement and incorporate the provisions of the agreement into the exclusion order. Enumerates certain factors to be considered by the district court in making this determination.
Where the municipality and the library district are unable to enter into an agreement for a plan, requires the district court to review the plans submitted by the municipality and the library district and order each to carry out that portion of their respective plans on which the parties are in agreement. Authorizes the district court to impose such additional conditions and obligations on the library district and the municipality that the district court finds necessary to fulfill the goals of the act. Insofar as the district court permits the exclusion of the area described in the petition from the library district, requires any such conditions and obligations imposed by the district court to be made part of the exclusion order. Insofar as the district court denies the exclusion of the area described in the petition from the library district, requires the district court to enter an order dismissing the petition.
After the filing of a petition, authorizes 10% of the taxpaying electors of the area of the library district proposed for exclusion or 100 such electors, whichever number is less, to move the district court for an order setting a special election to be held within the area of the library district proposed for exclusion on the question of the exclusion of the area. Requires the district court to order the election only upon a finding that specified conditions have been met.
Requires the election to be held and conducted in the manner provided in the "Uniform Election Code of 1992". Specifies that only taxpaying electors shall be entitled to vote at an election held pursuant to the act . Requires the costs of the election to be borne by the following persons or entities in accordance with the following requirements:
● Requires the municipality to bear the costs of the election where the governing body of the municipality has filed the petition;
● Requires the library district to bear the costs of the election where a majority of the board of the library district has filed the petition; and
● Requires the taxpaying electors of the particular area proposed for exclusion from the library district to bear the costs of the election where 50% or more of the owners of real property within the area proposed for exclusion from the library district have filed the petition.
Where a majority of the taxpaying electors voting at an election approve the exclusion, requires the district court to order the area excluded from the library district. Specifies that, if a majority of those voting do not approve the question of exclusion, the district court is to enter an order dismissing the petition. Specifies that, in either case, where the petition has been filed by 50% or more of the owners of real property within the area proposed for exclusion from the library district, the order of the court is to include a provision uniformly assessing the costs of the election among the taxpaying electors of the area proposed for exclusion from the library district.
Specifies when an exclusion order is to become effective.
Specifies that no change in the boundaries of any library district shall be effective until the decree or order confirming such action, together with a description of the area concerned, is recorded by the county clerk and recorder of the county or counties in which the change in the boundaries took place. Requires the county clerk and recorder of any affected county to notify the county assessor of any such action.
Clarifies that any area excluded from a library district pursuant to the provisions of this section shall not be subject to any property tax levied by the board for the operating costs of the library district. Specifies that, for the purpose of retiring the library district's outstanding indebtedness and the interest thereon existing at the effective date of the exclusion order, the library district is to remain intact, and the excluded area is obligated to the same extent as all other property within the library district but only for that proportion of such outstanding indebtedness and the interest thereon existing immediately prior to the effective date of the exclusion order. Requires the board of the library district to levy annually a property tax on all such excluded and remaining property sufficient, together with other funds and revenues of the library district, to pay such outstanding indebtedness and the interest thereon. Empowers the board to establish, maintain, enforce, and, from time to time, modify such service charges and other rates, fees, tolls, and charges, upon residents or users in the area of the library district as it existed prior to the exclusion, as may in the discretion of the board be necessary to supplement the proceeds of the tax levies in the payment of the outstanding indebtedness and the interest thereon. Specifies that in no event shall the area excluded from a library district become obligated for the payment of any bonded indebtedness created after the date of the court's exclusion order.
Clarifies that the change of boundaries of the library district shall not impair nor affect its organization, nor shall it affect, impair, or discharge any contract, obligation, lien, or charge on which it might be liable or chargeable had such change of boundaries not been made.
VETOED by the Governor June 4, 2004
H.B. 04-1373 State personnel system - civil service reform - statutory updates and conforming changes - personal services contracting revisions - veterans' preference. Conforms the "State Personnel System Act" to the civil service amendments of the state constitution and makes additional changes as follows:
Appointing authorities
● Specifies that the heads of principal departments and institutions of higher education are the appointing authorities for all subordinate officers and employees in the department or institution, and repeals provisions specifying division heads as appointing authorities within divisions.
● In addition to personal responsibility for any salary liability incurred, subjects an appointing authority that makes an appointment in willful violation of the "State Personnel System Act" to criminal liability and disciplinary action.
Department of personnel and administration
● Removes reference to the creation of the department of personnel pursuant to section 14 of article XII of the state constitution and renames the department of personnel and administration (DPA).
● Specifies that the head of the DPA is the executive director, instead of the state personnel director, and requires the executive director or the executive director's designee to perform the constitutional duties of the state personnel director.
State personnel director
● Requires all rules of the state personnel director to be adopted in accordance with the "State Administrative Procedure Act" (APA).
● Authorizes the state personnel director, instead of the state personnel board, to adopt rules concerning: Certification of a person to a position when an appeal concerning the selection and assessment process for the position is pending; standards of performance and conduct of state employees; and resignations from and reinstatement to state service.
● Authorizes the state personnel director to establish directives, in addition to adopting rules, concerning: The management of the state personnel system; additional elements of total compensation; a process to resolve employee disputes related to performance evaluations that do not involve corrective or disciplinary actions; the implementation of an employee performance evaluation process; leave benefits; the implementation of the state's prevailing total compensation philosophy; the transfer of annual leave between employees; and personal services contracts.
State personnel board
● Removes language concerning initial appointments to the state personnel board (board) but retains the requirement that members serve staggered terms of office.
● Allows state officers and employees to serve on the board.
● Limits board members to 2 consecutive terms of office.
● Modifies the grounds for which a board member can be removed to eliminate removal for final conviction of an offense involving moral turpitude or for reasons of permanent disability interfering with performance.
● Repeals the provision authorizing the board and any political subdivision of the state to contract for the furnishing of personnel services by the department and instead allows any department or institution of higher education to enter into agreements to provide or obtain personnel to or from a political subdivision.
Appeals to or reviews by the board
● Specifies that with regard to an appeal to the board concerning a decision of the state personnel director or an appointing authority, if the decision is modified or reversed on procedural grounds, the employee's remedy is limited to placement in the same situation as if the procedural requirements had been satisfied, and clarifies that an employee may still be permitted recoveries for improper personnel actions as otherwise provided by law.
● Retains but relocates the provision of law specifying that the board may authorize administrative law judges to conduct hearings for the board.
● Allows an employee to petition the board for review of the decision of an appointing authority regarding a grievance, and specifies the circumstances under which the board may grant the petition, the time within which the board is to grant or deny the petition, and the procedure for determining a petition that the board grants.
● Repeals the provision precluding an award of back pay or other award for any period of inexcusable delay in conducting the hearing or issuing a decision caused by the applicant or employee and instead specifies that if any party is responsible for an inexcusable delay, the party must pay the opposing party's costs.
Exemptions from the state personnel system
● Specifies that the chief of the Colorado state patrol is an officer who is exempt from the state personnel system (system).
● Authorizes the executive director of the DPA to designate or rescind the designation of a position in the system as an exempt office or employee, consistent with the state constitution.
● Allows an employee whose position is designated as exempt to decline the appointment and remain in the system without loss of any rights or protections.
● Authorizes the dismissal of an exempt officer or employee with or without cause upon 60 days' written notice from the department head.
● Limits the total number of exemptions to one exempt position for every 50 authorized system positions in a department, not to exceed 15 exempt positions per department.
Senior executive service
● Repeals the provision specifying the number of authorized senior executive service positions and the process for including positions in the senior executive service.
Selection system
● Instead of determining qualifications for appointments and promotions to positions in the system based on fair and open competitive examinations, requires the determination to be based on fair, open, and objective comparative assessment processes.
● Requires certified employees to reside in the United States, and to reside in the state unless: (1) the position is in a higher education institution and is funded through research grants or federal funds; (2) the position is for a person to perform out-of-state field audits; or (3) the state personnel director determines that the use of a resident would be impractical or would otherwise prevent accomplishment of the work.
● Specifies that applicants determined to be most qualified at the completion of the comparative assessment process are to be ranked and placed on an eligible list, and the person appointed is to be one of the 6 most qualified persons referred from the list.
● Specifies that the following applicants for appointment or promotion in the system are entitled to the veterans' preference established in the state constitution: (1) an applicant who is serving or was separated under honorable conditions and served in a branch of the armed forces of the United States, including the national guard or armed forces reserve, during any period of declared war or undeclared war or other armed hostilities against an armed foreign enemy; (2) an applicant who is serving or was separated under honorable conditions and served on active duty in any such branch in any campaign or expedition for which a campaign badge is authorized; or (3) an applicant who has completed at least 24 months of service in the national guard or armed forces reserve, a portion of which was during any period of declared war or undeclared war or other armed hostilities against an armed foreign enemy.
Temporary appointments
● Repeals the requirement that an appointing authority obtain prior approval from the state personnel director before filling a vacancy in a permanent position by a temporary appointment and the requirement that an appointing authority obtain subsequent approval of a temporary appointment made in an emergency.
● Allows temporary appointments for not more than 270 consecutive calendar days in a 12-month period, instead of 6 months, and requires an eligible list for the position to be established within 3 months following the initial hire date of the temporary appointment, rather than within 6 months.
● Prohibits filling a permanent position through a succession of temporary appointments.
● Requires the state personnel director to adopt rules regarding the appointment of permanent, part-time employees to perform services that are seasonal or otherwise annually recurring.
Separations for cause
● States that employees in the system may be separated from state employment for cause, which includes either a reduction in force or a disciplinary proceeding resulting in dismissal.
Reduction in force
● Specifies that board procedures concerning reductions in force are to require that ordinary attrition and vacancies be taken into account before displacing state employees.
● Allows the board to approve a limitation of retention rights to major geographic regions within a principal department.
● Provides retention rights for certified employees hired on or after July 1, 2005, with fewer than 5 years of state service, but only with respect to vacant positions and positions occupied by probationary employees.
● Retains but relocates with amendments the provision allowing the adoption of rules authorizing voluntary separation incentives when necessary due to lack of work, lack of funds, or reorganization.
Disciplinary proceedings
● Allows a certified employee to be disciplined upon written findings of failure to perform, willful misconduct, or final conviction of a felony or other offense as specified in law.
● Clarifies what constitutes a final conviction for purposes of constituting disciplinary grounds.
● Requires the appointing authority or designee to meet with an employee prior to making a final decision to discipline the employee, and requires the appointing authority to refer the matter to another appointing authority in the same department or institution when necessary for a fair determination.
● Specifies the contents of the notice of disciplinary action that must be provided to the certified employee who is subject to discipline.
● Requires an employee who files an appeal of a disciplinary action with the board to allege with particularity the action being appealed and the reasons for the appeal.
● Extends the time within which the board hearing is to be held from 45 days to 90 days after receipt of the appeal and allows one continuance for 30 days instead of 45 days.
Credit for prior state service
● For purposes of allowing a person currently or previously employed by the state in a position outside the system who enters into a system position to receive credit for prior state service, specifies that prior state service includes any period of state employment for which the person received compensation not limited to expense reimbursement, and excludes temporary employment with the state.
Personal services contracts
● Repeals the distinction between personal services contracts that implicate the system and those that do not implicate the system and instead allows personal services contracts if the department head determines that: (1) the contract does not pose an information technology security risk; (2) the government can maintain accountability; and (3) the contract provides the best value in the delivery of government services as determined by actual cost savings and improved quality over the term of the contract.
● Specifies that a personal services contract does not create an employment relationship.
● Requires a department contracting for personal services to ensure that the contract is performance-based and focuses on the overall expectations and results of the contract, and further requires the department to establish a written implementation plan specifying how performance will be monitored.
● Specifies the contents of a personal services contract.
● Allows personal services contracts for functions currently, commonly, or historically performed by state employees and permits the abolition of positions in the system as a result of a contract as long as no certified employee suffers a direct adverse impact.
● Specifies that a transfer or reassignment of a state employee in connection with a personal services contract does not constitute a direct adverse impact if the transfer or reassignment occurs pursuant to a written plan that limits employee relocations, addresses the suitability of the employee's new job duties, and provides for necessary retraining.
● Allows a department to contract for personal services that will be performed outside the United States if: (1) the department clearly demonstrates that the contract will not result in a reduction in the quality of services offered or provided by the department to Colorado residents; (2) the contract contains safeguards to ensure the confidentiality and right to privacy of any medical and nonmedical personal information concerning Colorado residents that is provided by the contracting department to the contractor in connection with the personal services to be performed under the contract, consistent with federal law; and (3) the contractor discloses to the department the portion of the personal services to be provided to the state that will be performed outside of the United States.
● Requires a department to notify its employees, the state personnel director, and the public when it is considering eliminating system positions in connection with a personal services contract, make relevant data and information available, accept and consider comments regarding the proposed contract and implementation plan, and promptly notify its employees and the state personnel director if the contract is executed.
● Requires the state personnel director to maintain a listing of the notices of contracts and implementation plans issued during the past 12 months and to make the listings available to the public.
● Allows an employee of a contracting department to request a review of the contract and implementation plan by the state personnel director, and specifies that the decision of the state personnel director is subject to judicial review in accordance with the judicial review provisions of the APA.
● Specifies the types of personal services contracts that are not subject to these requirements or to individual review and approval by the state personnel director.
Effective date
Specifies that certain sections of the act are only effective if House Concurrent Resolution 04-1005, amending the state constitutional provisions concerning the state personnel system, the board, the department, the state personnel director, and the preference allowed for veterans, is adopted by the general assembly and approved by the voters.
APPROVED by Governor June 4, 2004
EFFECTIVE July 1, 2005
NOTE: (1) House Concurrent Resolution 04-1005 was adopted by the general assembly
and will appear on the November 2004 ballot for approval or rejection by the voters.
(2) For the digest entry for House Concurrent Resolution 04-1005, see page 193 of
this digest.
H.B. 04-1376 Sealing arrest or criminal records information - plea agreements. Allows a person in interest to petition a court to seal arrest or criminal records information, except basic identification information, if the records are of official actions involving a criminal offense that was not charged or a case that was dismissed due to a plea agreement in a separate case, and if:
● The petition is filed 15 years or more after the date of the final disposition of all criminal proceedings against the person in interest; and
● The person in interest has not been charged for any criminal offense in the 15 years since the date of the final disposition of all criminal proceedings against the person.
APPROVED by Governor May 28, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1379 Periodic reports to the general assembly - health, environment, welfare, and institutions committees - repeal of certain reports. Repeals the reporting requirements that are directed to the health, environment, welfare, and institutions committees (HEWI) of the general assembly. Specifically, repeals:
● The ongoing evaluation by the state auditor's office concerning the results and effectiveness of exit and follow-up interviews for participants in the Colorado works program; and
● The annual report by the state office on aging to the JBC and the HEWI committees detailing the use of moneys from the older Coloradans program.
Repeals obsolete reporting requirements concerning nursing facilities, accreditation requirements for county health departments, and from the department of human services on health programs for children.
APPROVED by Governor April 14, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1380 Reporting requirements to the general assembly - information technology grants - state colleges - repeal. Repeals the reporting requirement for the department of education's report to the education committees concerning the implementation of the information technology grant program. Repeals an obsolete reporting requirement concerning adoption of a common course numbering system for state colleges.
APPROVED by Governor April 21, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1381 State historical fund - limited gaming revenue grants - requirements. Repeals provisions that currently prohibit Central City, Black Hawk, and Cripple Creek from:
● Granting more than $100,000 in limited gaming revenues from the state historical fund for a single residential property; and
● Allowing grant moneys to be used to pay a tax liability incurred by the person who receives the grant.
Requires Central City, Black Hawk, and Cripple Creek to condition any grants of gaming revenues from the state historical fund above $50,000 for any single residential property upon an agreement to repay the grant on a pro rata basis if the property is sold or transferred within 5 years after the grant is awarded. Specifies the method for calculating the repayment amount.
APPROVED by Governor May 12, 2004
EFFECTIVE May 12, 2004
H.B. 04-1383 Review of reporting requirements to the general assembly - business affairs and labor committees - repeal of certain public utility commission reports. Repeals the requirement for the following periodic reports by the public utilities commission:
● To the joint budget committee concerning the past fee revenues and expenditures for administration of the no-call list and projected fee revenues and projected expenditures of the no-call list; and
● To the transportation legislation review committee concerning the coal syngas component of natural gas public utilities supply portfolios.
APPROVED by Governor April 21, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1384 Periodic reports to general assembly - state archives - repeal. Repeals the following periodic reporting requirement by the executive director of the department of personnel or the executive director's designee to the legislative audit committee concerning state archives. Repeals an obsolete reporting requirement concerning employee retirement benefits.
APPROVED by Governor April 23, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1412 FY 2004-05 budget reduction bill - capital construction fund transfers - repeals. For the 2004-05 and 2005-06 state fiscal years, repeals all transfers from the general fund to the capital construction fund.
On July 1, 2004, transfers $285,782 from the capital construction fund to the general fund.
Repeals transfers for the 2004-05 and 2005-06 state fiscal years from the capital construction fund to the corrections expansion reserve fund.
APPROVED by Governor April 28, 2004
EFFECTIVE July 1, 2004
H.B. 04-1417 FY 2004-05 budget reduction bill - Colorado heritage communities fund - transfer to general fund. Transfers the balance of the Colorado heritage communities fund to the general fund on July 1, 2004.
APPROVED by Governor May 12, 2004
EFFECTIVE May 12, 2004
H.B. 04-1420 FY 2003-04 budget reduction bill - general fund - revenue shortfall in FY 2003-04 - disbursement of statutory reserve. For the 2003-04 state fiscal year, if the June 2004 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, 2004, and ending on June 30, 2004, to direct the treasurer to disburse an amount of general fund moneys otherwise comprising the reserve as is necessary to cover any general fund appropriations then in effect, not to exceed $48 million.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
H.B. 04-1421 FY 2004-05 budget reduction bill - tobacco settlement moneys - reallocation of moneys to various programs - funding for additional programs - transfers to general fund. For the 2004-05 fiscal year and each fiscal year thereafter, reallocates the tobacco settlement moneys received by the state, other than attorney fees and costs, as follows:
● To the Colorado nurse home visitor program, 9% of the settlement moneys in the 2004-05 fiscal year, an additional one percent each year through the 2013-14 fiscal year, and 19% of the settlement moneys in the 2014-15 fiscal year and future fiscal years, not to exceed $19 million in any fiscal year;
● To the comprehensive primary and preventive care grant program, 3% of the settlement moneys, not to exceed $5 million in any fiscal year;
● To the children's basic health plan trust, 24% of the settlement moneys, not to exceed $30 million in any fiscal year, and not less than $17.5 million in any year, with any shortfall allocated from the tobacco litigation settlement trust fund and, if necessary, from the moneys transferred from the tobacco litigation settlement cash fund to the general fund;
● To the state dental loan repayment program, $200,000;
● To the Fitzsimons trust fund, the lesser of the amount due any lessor under a lease-purchase agreement or 8% of the settlement moneys, not to exceed $8 million in any fiscal year;
● To the tobacco education, prevention, and cessation grant program, 5% of the settlement moneys, not to exceed $8 million in any fiscal year;
● To the Colorado state veterans trust fund, one percent of the settlement moneys, not to exceed one million dollars in any fiscal year;
● To the read-to-achieve program, 5% of the settlement moneys, not to exceed $8 million in any fiscal year; except that for the 2004-05 fiscal year, reduces the amount allocated to the read-to-achieve program by $500,000 to provide state funding for senior services;
● To the Tony Grampsas youth services program, 4% of the settlement moneys, not to exceed $5 million in any fiscal year;
● To the AIDS drug assistance program, 3.5% of the settlement moneys, not to exceed $5 million in any fiscal year; and
● $300,000 to fund the state's share of the annual funding required for the "Child Mental Health Treatment Act".
For the 2005-06 fiscal year and future fiscal years, transfers the lesser of 21% or $20 million of the settlement moneys in the tobacco litigation cash fund (cash fund) to the general fund. At the end of any fiscal year commencing on and after July 1, 2004, transfers to the general fund, instead of to the tobacco litigation settlement trust fund (trust fund), any unencumbered and unexpended moneys in the cash fund and moneys not appropriated for the next fiscal year from the cash fund. Requires the state treasurer to transfer the balance of moneys in the trust fund to the general fund on July 1, 2004. Specifies that up to 21% of the settlement moneys, less the amount annually transferred to the general fund, are to be deposited in the trust fund in the 2005-06 fiscal year and future fiscal years.
APPROVED by Governor June 4, 2004
EFFECTIVE June 4, 2004
PORTIONS VETOED June 4, 2004
H.B. 04-1423 State departments - indirect costs - recovery - exceptions. For fiscal years commencing on or after July 1, 2005, requires each state department, institution, and agency ("department") to recover moneys for indirect costs allocated for a program or grant which is primarily funded with moneys other than state general fund moneys ("program or grant"). Specifies that the moneys recovered for indirect costs shall be from any fund source other than state general fund moneys, whether or not moneys from such fund source are appropriated by the general assembly, and that the moneys shall be recovered to the maximum extent allowable under federal and grantor rules and state law. Excludes from the definition of "department" the department of higher education, governing boards of state institutions of higher education, and state institutions of higher education. Requires each department to recover and apply the moneys collected for the indirect costs allocated for a program or grant from those fund sources to offset appropriations of state general fund moneys that may be otherwise required for the department's indirect costs. Establishes exceptions to these requirements and a process for a department to be granted such exceptions.
For budget requests for fiscal years commencing on or after July 1, 2005, requires each department to specify in the department's annual budget request the amount of state general fund moneys that are being requested to be appropriated for the indirect costs allocated for a program or grant if in the preceding fiscal year the amount of the department's actual collections of moneys for indirect costs allocated for a program or grant is less than the amount of indirect costs allocated for a program or grant and the department has allocated or plans to allocate a portion of state general fund moneys to cover the difference.
Requires the state controller to define by rule the term "indirect costs" on a basis for all departments as a whole and on an individual department basis.
VETOED by the Governor June 4, 2004
H.B. 04-1446 State employee compensation - multiple departments or institutions - state personnel director rules. Allows officers and employees in the state personnel system whose compensation is determined pursuant to the state constitution and the "State Personnel System Act" to receive compensation or fees from more than one department or institution of higher education only to the extent permitted by rules adopted by the state personnel director that are consistent with overtime provisions of state and federal law.
APPROVED by Governor May 28, 2004
EFFECTIVE May 28, 2004
H.B. 04-1449 Annual state group benefit plan year - determination by state personnel director - effective day for changes in state contribution rates. Authorizes the state personnel director to establish the annual group benefit plan year, and specifies that for the 2005-06 fiscal year and each fiscal year thereafter, recommended changes in the state contribution for group benefit plans are effective on the first day of the annual group benefit plan year established by the director.
APPROVED by Governor May 28, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1465 Capital development committee - extension. Extends the repeal of the capital development committee to July 1, 2009.
APPROVED by Governor June 4, 2004
EFFECTIVE June 4, 2004
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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.