S.B. 05-7 Private activity bond ceiling allocation - administrative fee - appropriation. Eliminates the automatic repeal of the department of local affairs' authority to charge an administrative fee to entities other than local governments that apply for bonding authority for their private activities pursuant to the "Colorado Private Activity Bond Ceiling Allocation Act".
Reduces the appropriation from the general fund to the department of local affairs, division of housing, by $79,000.
Appropriates $79,000 from the private activity bond allocation fund to the department of local affairs, division of housing, for implementation of the act.
APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005
S.B. 05-42 Appointed state officials - salaries - public utilities commission - method of determination. Authorizes the executive director of the department of regulatory agencies to set the annual compensation of the members of the public utilities commission based on the most recent available figures contained in the annual total compensation survey for the category of senior executive service. Requires the 3 commissioners' salaries to be uniform except for up to a 10% increase for the chairman.
APPROVED by Governor May 12, 2005
EFFECTIVE May 12, 2005
S.B. 05-73 Public employees' retirement association - employment of service retirees. Specifies that amounts paid in connection with the employment of a service retiree of the public employees' retirement association (PERA) by a PERA employer (employer) be included in the employer's payroll for purposes of calculating the amortization equalization disbursement. Specifies that the salary of a service retiree who is serving in a state elected official's position shall not be subject to employer contributions.
Requires each employer to provide a copy of any tax related information on its employees or other individuals or firms from which the employer receives services and, upon request by PERA, to provide a copy of any agreement, contract, or other document whereby the employer receives services.
Defines the nature of the employment relationship between a retiree of PERA and an employer for purposes of determining any reduction of a service retirement benefit for employment after service retirement.
Specifies that a retiree of PERA serving in a state elected official's position shall be eligible to participate in the PERA defined contribution plan and the public officials' and employees' defined contribution plan.
APPROVED by Governor June 2, 2005
EFFECTIVE June 2, 2005
S.B. 05-93 Public pension benefits - misconduct in connection with public property - attachment of benefits permitted. States that public pension or retirement benefits or payments are included in the definition of "earnings" for the purpose of writs of garnishment that are the result of a judgment taken for restitution for theft, embezzlement, misappropriation, or wrongful conversion of public property or for a willful and intentional violation of fiduciary duty to a public pension plan where the offender or a related party received a direct financial gain.
Allows for the attachment of a public pension participant's pension benefits if the participant is required to pay restitution for theft, embezzlement, misappropriation, or wrongful conversion of public property or if the participant is in a fiduciary position with the public pension plan, for a willful and intentional violation of fiduciary duties to the plan where the participant or a related party received a direct financial gain.
APPROVED by Governor March 25, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
S.B. 05-131 Open records - specialized details of security arrangements or investigations - names of utility customers - criminal justice records. Repeals the provision that records received by or provided to the office of preparedness, security, and fire safety or any state agency or political subdivision from or on behalf of the office shall constitute specialized details of security arrangements, which shall not be disclosed under the open records law.
For purposes of the provision of the open records law that allow the custodian of a record to deny the right of inspection of the record if its disclosure would be contrary to the public interest:
● States that records of the expenditure of public moneys on security arrangements or investigations, including contracts for security arrangements and records related to the procurement of, budgeting for, or expenditures on security systems, shall be open for inspection, except to the extent they contain specialized details of security arrangements or investigations. Authorizes the custodian of a public record to deny the right of inspection of only the portions of such record that contain specialized details of security arrangements or investigations, and requires the custodian to allow inspection of the remaining portions of the record.
● States that if an official custodian has custody of a public record provided by another public entity that contains specialized details of security arrangements or investigations, the official custodian shall refer a request to inspect that public record to the official custodian of the public entity that provided the record and shall disclose to the person making the request the names of the public entity and its official custodian to which the request is referred.
Prohibits the disclosure of the names of persons who are past or present users of public utilities, public facilities, or recreational or cultural services owned by the state or a political subdivision, in addition to the existing prohibition on disclosure of addresses, telephone numbers, and personal financial information. States that a custodian of a record is not prohibited from disclosing this information to an agent of an investigative branch of a federal agency or any criminal justice agency who asserts that the request is reasonably related to an investigation within the scope of the agency's authority and duties.
States that the allowance or denial of the right to inspect criminal justice records that contain specialized details of security arrangements or investigations shall be governed by the provisions of the open records law on the disclosure of specialized details of security arrangements or investigations.
APPROVED by Governor May 12, 2005
EFFECTIVE July 1, 2005
S.B. 05-148 Fire safety - regulation of contractors - continuation of fire suppression program under sunset law. Requires the administrator of the fire suppression program to implement a formal system to track the disposition of complaints and to make the information available on the internet. Authorizes the administrator to issue letters of admonition. Restates the grounds for discipline to prohibit conduct likely to deceive, defraud, or harm the public. Requires fines associated with the program to be credited to the general fund.
Extends the automatic termination date of the fire suppression program of the division of fire safety to July 1, 2014, pursuant to the provisions of the sunset law.
APPROVED by Governor April 14, 2005
EFFECTIVE July 1, 2005
S.B. 05-149 Public assistance - correctional facility inmates. Continues the function of assisting inmates to apply for supplemental security income and medicaid within facilities administered by the department of corrections. Replaces a review by the department of regulatory agencies with an audit performed by the state auditor.
Does not continue such function within facilities administered by the community corrections board.
APPROVED by Governor April 14, 2005
EFFECTIVE July 1, 2005
S.B. 05-163 Public employees' retirement association - retirees from judicial division - discretionary expansion of years to perform judicial duties postretirement. Allows retired judges to perform judicial duties for more than 12 years postretirement at the discretion of the Colorado supreme court.
APPROVED by Governor April 22, 2005
EFFECTIVE April 22, 2005
S.B. 05-171 Public employees' retirement association - school district retirement system - merger. Modifies existing law that authorizes a school district retirement system (merging system) to enter into an agreement to merge into another public employee retirement system (continuing system) as follows:
● Extends the effective date of the merger to January 1, 2007.
● Extends the deadline by which the merging system, school district, or the continuing system has the right to terminate the merger.
● Modifies the reasons for which the merger may be terminated.
● Provides that the merger shall not result in the reduction of benefits for specified survivors of members of a merging system.
● Modifies provisions governing the retirement benefit increases to be awarded to retirees of the continuing system.
● Extends the deadlines for providing actuarial valuations related to the merger.
● Modifies provisions governing the transfer of assets and the payment of liabilities and other amounts due from the merging system to the continuing system.
● Authorizes the merger agreement between the merging system and the continuing system to provide for an escrow arrangement in specified circumstances, subject to specified requirements.
● Modifies provisions governing liability insurance coverage related to a merger.
● Allows the merging system and the continuing system to agree upon a date upon which the minimum salaries are fixed for staff of the merging system that become employees of the continuing system.
● Removes references to improving the benefits of members and beneficiaries from the statutory statement of legislative intent related to a merger.
● Authorizes the use of pension certificates of participation in connection with the sale of lands and buildings of a school district to fund amounts due to the continuing system in connection with the merger.
● Makes other clarifying and conforming changes.
APPROVED by Governor May 24, 2005
EFFECTIVE May 24, 2005
S.B. 05-172 State personnel system - state employees group benefit plans reserve fund - limitation on expenditures. Specifies that the moneys in the group benefit plans reserve fund and the premium stabilization reserve account, created within the group benefit plans reserve fund, are not general assets of the state.
States that in the event that the state personnel director enters into contracts or renewals for group benefit plans that are self-funded, the moneys in the group benefit plans reserve fund shall be expended only for the purposes of the premium stabilization reserve account, premiums, claim costs, and other administrative fees and costs associated with the group benefit plans.
States that the moneys in the premium stabilization reserve account shall be expended only for purposes of the account.
APPROVED by Governor March 18, 2005
EFFECTIVE July 1, 2005
S.B. 05-185 State administrative hearings - office of administrative courts - administrative law judges - recovery of attorney fees and costs in action brought to enforce legal requirements concerning campaign finance. Changes the name of the division of administrative hearings in the department of personnel (department) to the office of administrative courts, the head of which office shall be the executive director of the department. Authorizes the executive director of the department to establish and maintain administrative offices and courts for the office in Denver and in the southern region and on the western slope of the state.
Directs the executive director of the department to appoint and assign administrative law judges to hear particular cases or classes of cases as necessary and appropriate to provide services to each state agency.
Makes the qualifications for an administrative law judge the same as those for a district court judge. Gives the administrative law judges the power to:
● Issue subpoenas, administer oaths, and control the trials and proceedings before them; and
● Engage in or encourage the use of alternative dispute resolution as appropriate.
Modifies a provision in the "Fair Campaign Practices Act" (FCPA) to allow a party in any action brought to enforce the campaign and political finance provisions of the state constitution or of the FCPA recovery of the party's reasonable attorney fees and costs from any attorney or party who has brought or defended the action, either in whole or in part, upon a determination by the office of administrative courts that the action, or any part thereof, lacked substantial justification or that the action, or any part thereof, was interposed for delay or harassment or if it finds that an attorney or party unnecessarily expanded the proceeding by other improper conduct, including, but not limited to, abuses of discovery procedures available under the Colorado rules of civil procedure.
APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005
S.B. 05-193 Colorado bureau of investigation - functions of bureau - assistance to state agencies. Authorizes the Colorado bureau of investigation to assist a state agency in the investigation and detection of crime and in the enforcement of the criminal laws of the state if such assistance is requested by the head of a state agency.
APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005
S.B. 05-196 Public school lands - state board of land commissioners investment and development fund. Commencing with the 2005-06 state fiscal year, requires the first $12 million of proceeds received by the state for timber sales, rental payments, and mineral leases on public school lands, rather than all such proceeds, to be credited to the public school income fund, and any amount in excess of $12 million to be credited to the principal of the permanent school fund.
Creates the state board of land commissioners (state board) investment and development fund (fund). Transfers the first one million dollars of proceeds for each of the next 5 state fiscal years from royalties and other payments for the depletion or extraction of natural resources on public school lands to the fund. Specifies that the moneys in the fund and interest earned on moneys in the fund remain in the fund at the end of each fiscal year and not revert to the permanent school fund.
Provides that moneys in the fund are continuously appropriated to the state board to provide for the development of additional value-added benefit for the state's trust lands, including the rezoning, platting, master planning, or other development activities that increase the value of or rate of return from the lands. Requires the state board to provide information on the portfolio enhancement and additional income generated as a result of its activities to the joint budget committee and the house of representatives and senate education committees each year. Exempts contract expenditures from the fund from the "Procurement Code".
APPROVED by Governor May 24, 2005
EFFECTIVE May 24, 2005
S.B. 05-210 Controlled maintenance trust fund - transfers - appropriation. Requires the state treasurer and the controller to transfer $55,000,000 from the state general fund to the controlled maintenance trust fund on June 30, 2005. Appropriates $130,627,801 from the state general fund to the controlled maintenance trust fund for the 2004-05 fiscal year.
Requires the state treasurer and the controller to transfer $185,627,801 from the controlled maintenance trust fund to the state general fund on June 1, 2006.
APPROVED by Governor June 2, 2005
EFFECTIVE June 2, 2005
S.B. 05-223 Consolidated communications network authority - creation - statewide digital trunked radio network. Creates the consolidated communications network authority (authority). Defines the membership of the authority as the following entities that use the statewide digital trunked radio network (network) as their primary means of wireless voice communication:
● Law enforcement agencies and fire departments;
● School districts and schools;
● Agencies of a city, county, city and county, special district, or other political subdivision of the state;
● Licensed ambulance or emergency medical service using the network for dispatching 9-1-1 or emergency calls or for communicating with licensed hospitals or trauma centers;
● Agencies of an Indian tribe;
● Agencies of the state or federal government; and
● Persons or entities eligible to hold an authorization in the public safety radio pool pursuant to rules of the federal communications commission.
States that the authority is subject to the "Colorado Governmental Immunity Act" and the open meetings and open records laws. States that the authority is not subject to the requirements of the "Colorado Local Government Audit Law"; except that the state auditor may order the authority to have its financial statements audited.
Defines the purposes of the authority as:
● To solicit and receive grants and other moneys to expand, upgrade, and operate the network; except that such moneys may be used on the portion of the network owned by the state only by agreement with the executive director of the department of personnel;
● To represent its members in matters concerning technology, rules, spectrum allocations, and radio frequency licensing; and
● To advise the executive director of the department of personnel on the development and operation of the statewide digital trunked radio network.
States that the board of directors of the authority shall consist of 3 directors from each all-hazards emergency management region in the state. Requires that, to the extent possible, the directors from each region shall include a representative of a law enforcement agency, a representative of a fire department or emergency medical service agency, and a representative of another member of the network. Directs the members of the authority in each region to elect the region's 3 directors at each annual meeting of the authority. Authorizes the executive director of the department of personnel to appoint a director.
Creates the consolidated communications fund to hold moneys received by the authority. Authorizes the authority to invest or deposit moneys in the fund.
Exempts the income and property of the authority from all state and local taxes and assessments.
VETOED by Governor June 8, 2005
S.B. 05-226 Arkansas river litigation - payment of moneys to the state of Kansas - appropriation. Creates the Kansas v. Colorado plaintiff's damages payment fund (damages payment fund) in the state treasury. Directs the state treasurer to deduct, as soon as practicable on or after April 28, 2005, the following amounts from the following funds and to transfer such sums to the damages payment fund:
● $15,500,000 from the perpetual base account of the severance tax trust fund;
● $15,500,000 from the operational account of the severance tax trust fund; and
● $3,796,129 from the local government severance tax fund.
Specifies that the moneys in the damages payment fund shall be appropriated to the department of law for the purpose of paying the damage award due to the state of Kansas pursuant to the Kansas v. Colorado litigation.
Creates the Kansas v. Colorado plaintiff's legal costs fund (legal costs fund) in the state treasury. Directs the state treasurer to deduct, on July 1, 2005, $4,000,000 from the operational account of the severance tax trust fund and to transfer such sum to the legal costs fund. States that the moneys in the legal costs fund shall be continuously appropriated to the department of law for the purpose of paying the plaintiff's legal costs associated with the Kansas v. Colorado litigation. Authorizes the department to expend up to $4,000,000 from the fund, and requires the joint budget committee to provide to the state controller written approval of the amount of the plaintiff's legal costs for which the state is liable before the department expends any moneys from the legal costs fund.
Creates an exception to the provisions of House Bill 05-1001 that restrict the transfer of moneys from cash funds in the event that House Bill 05-1001 is enacted and becomes law.
Appropriates $34,796,129 to the department of law to make the plaintiff's damage award payments authorized by the act.
APPROVED by Governor April 28, 2005
EFFECTIVE April 28, 2005
NOTE: House Bill 05-1001 was vetoed by the Governor May 27, 2005.
S.B. 05-229 Office of state planning and budgeting - due date for submission of agency requests. Specifies that the office of state planning and budgeting shall ensure submission to the joint budget committee of the general assembly all agency requests for fiscal year 2006-07 by November 15, 2005.
APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005
S.B. 05-240 Department of military and veterans affairs - land transfer - western slope military veterans' cemetery - national guard training facilities. Requests the state board of land commissioners and the department of human services to transfer, without compensation, the appropriate western slope military veterans' cemetery property rights to the department of military and veterans affairs within a specified period.
Requests the state board of land commissioners and the department of human services to transfer, without compensation, the appropriate property rights to approximately 35 acres of land adjacent to, but not including, the western slope military veterans' cemetery to the department of military and veterans affairs, within a specified period, for national guard facilities to provide an area for national guard training and maintenance. Establishes that any use of this property as guard facilities is for a public purpose expressly authorized by the general assembly.
If the 35 acres is transferred, directs the department of military and veterans affairs to prepare, develop, construct, and maintain guard facilities on the transferred land. Allows the department to promulgate rules and enter into contracts or agreements for this purpose. Directs the adjutant general to determine the amount of appropriation necessary for this purpose and to submit a request as part of the department's annual budget request to the joint budget committee by November 1, 2007.
APPROVED by Governor June 2, 2005
EFFECTIVE June 2, 2005
S.B. 05-244 Interstate compacts - model legislation - telemedicine - portability of licenses of health professionals. Allows the health care task force created by Senate Bill 05-227 to study increased access to health care through the use of appropriate communication technologies, including the use of telemedicine.
Authorizes the executive director of the department of regulatory agencies, together with the state board of medical examiners and the state board of nursing, and in consultation with other state agencies, to negotiate one or more interstate compacts to endorse model legislation to facilitate the efficient distribution of health care services across state lines and the delivery of health care services via telemedicine.
APPROVED by Governor May 26, 2005
EFFECTIVE July 1, 2005
S.B. 05-249 Tobacco settlement moneys - allocation to read-to-achieve program - appropriations - adjustments to 2004-05 and 2005-06 general appropriation acts. For the 2004-05 fiscal year, increases the allocation of tobacco settlement moneys to the read-to-achieve program from 5% to 19%, but not more than $19 million. Adjusts the appropriation for the read-to-achieve program in the 2004-05 general appropriation act, as amended by the 2005-06 general appropriation act, to reflect the change in the allocation. Adjusts appropriations in the 2005-06 general appropriation act to reflect changes, due to the change in allocation, in the amounts withheld from all programs that receive tobacco settlement moneys to fund the annual audit of said program.
APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005
H.B. 05-1001 Charges credited to cash funds - limits on use. Defines a "charge" as a tax, fee, assessment, fine, penalty, or toll that is credited to a cash fund and is imposed by the state to generate revenue to fund one or more specific programs, purposes, or services and not to fund unspecified general governmental purposes. Defines a "cash fund" as any fund, other than the state general fund or any federal fund, established by law or the state constitution to fund one or more specific programs, purposes, or services.
Specifies that on or after July 1, 2005, moneys derived from a charge:
● May only be transferred to the general fund of the state for a purpose for which transfers to the general fund were statutorily authorized at the time the charge was credited to the cash fund or for the purpose of defraying the indirect administrative costs associated with a specific program, a specific purpose, or a specific service for which the state imposed the charge; and
● Shall only be appropriated for purposes that are related to the operation or administration of a specific program, achievement of a specific purpose, or provision of a specific service for which the state imposed the charge or that were statutorily authorized purposes for which moneys credited to the cash fund could be spent at the time the charge was credited to the cash fund; but
● May be designated by the general assembly, along with any other moneys in a cash fund, as all or a portion of the constitutionally mandated 3% reserve and may expend the moneys designated as authorized by the constitutional provisions and laws that govern the use of the reserve.
Requires full reimbursement of any cash fund from which moneys designated as all or a portion of the reserve are expended during any state fiscal year on or before the last day of the next state fiscal year. Specifies that a charge shall not exceed the amount estimated to be necessary to defray the costs of operating or administering the specific program, achieving the specific purpose, or providing the specific service for which the state imposed the charge and to provide for a reasonable reserve as defined by law.
VETOED by Governor May 27, 2005
H.B. 05-1044 Unclaimed property - offset of claims against obligations - outstanding court fines, fees, costs, surcharges, and restitution - child support obligations - delinquent taxes - appropriation. Directs the state treasurer to offset outstanding court fines, fees, costs, or surcharges and restitution against claims for unclaimed property exceeding $600. Authorizes the judicial department and the state treasurer to enter into a memorandum of understanding for this purpose.
Directs the state treasurer to offset child support obligations against claims for unclaimed property exceeding $600. Authorizes the department of human services and the state treasurer to enter into a memorandum of understanding for this purpose.
Directs the department of revenue to provide specified information to the state treasurer regarding persons who owe delinquent state taxes, penalties, or interest. If a person claiming unclaimed property owes delinquent state taxes, penalties, or interest, directs the state treasurer to suspend payment of a claim exceeding $600 until the offset is made.
Specifies the priority of the offsets when a person claiming unclaimed property has multiple obligations subject to offset.
Requires a person filing a claim for unclaimed property to submit the person's social security number or federal employer identification number to the state treasurer. States that this number shall not become a public record.
For the fiscal year beginning July 1, 2005, appropriates $15,286 and 0.5 FTE from the unclaimed property fund to the department of treasury, for allocation to the unclaimed property program, for the implementation of the act.
APPROVED by Governor June 1, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 05-1063 Colorado land use commission - repeal. Repeals statutory provisions establishing the Colorado land use commission.
APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005
H.B. 05-1076 Peace officers standards and training - certification of officers. Modifies the definitions of "peace officer" and "reserve peace officer" to exclude any person who has been convicted of a felony, convicted of certain misdemeanors on or after July 1, 2001, or released or discharged from the armed forces of the United States under dishonorable conditions.
Authorizes the peace officers standards and training (P.O.S.T.) board to approve ongoing peace officer training programs. Eliminates the P.O.S.T. board's authority to accept a course of study as training for basic peace officer certification.
Authorizes the P.O.S.T. board to grant conditional peace officer authority to any person who successfully completes the required training program. Specifies that a person who has conditional peace officer authority is qualified to serve as a peace officer with any Colorado law enforcement agency. States that conditional peace officer authority is valid for one year and that the authority may be extended or renewed under certain conditions. Authorizes the P.O.S.T. board to issue basic peace officer certification to any person who has conditional peace officer authority and who has been employed for at least one year as a peace officer by a law enforcement agency.
Directs the P.O.S.T. board to promulgate rules regarding the procedure to grant variances to the requirements of peace officer certification.
APPROVED by Governor April 5, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 05-1098 Colorado tourism office - increase of legislative board members - appointment process. Increases the number of legislative members on the board of directors of the Colorado tourism office from 13 to 15, and establishes a bipartisan appointment procedure.
APPROVED by Governor March 2, 2005
EFFECTIVE March 2, 2005
H.B. 05-1146 Office of economic development - motion picture industry - incentives to work in Colorado. Requires the Colorado office of economic development, or a designee of the director of the office, to serve as the initial contact for any production company engaged in film production activities in the state. States that the office, or a designee of the director of the office, shall aid production companies in procuring required permits, coordinating necessary state resources, scheduling the use of state highways or other state-owned property, and ensuring that any fees imposed by any department, division, or entity of state government are waived for the production company and shall otherwise assist a production company in filming all or a portion of a film in the state.
Waives all permitting fees imposed by the state for any production company that is engaged in film production activities in the state.
Allows the director of the Colorado office of economic development to designate a person, a public or private entity, or a venture between public and private entities to be responsible for serving as the initial contact for production companies engaged in film production activities in the state and for fulfilling the duties related to serving as such contact.
APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005
H.B. 05-1194 Retention of excess state revenues - general fund exempt account - excess state revenues legislative report. Refers to the registered electors of the state at the November 2005 election a measure that would authorize the state to retain and spend moneys in excess of the constitutional limitation on state fiscal year spending as follows:
● For the 2005-06 fiscal year through 2009-10 fiscal year, authorizes the state to retain and spend all state revenues in excess of the limitation on state fiscal year spending; and
● For the fiscal year 2010-11 and each succeeding year, authorizes the state to retain and spend all state revenues in excess of the limitation on state fiscal year spending, but less than the excess state revenues cap for the given fiscal year.
Within the state general fund, establishes the general fund exempt account, which consists of an amount of moneys equal to the amount of state revenues in excess of the limitation on state fiscal year spending that the state retains for a given fiscal year. Establishes that moneys in the account shall be appropriated or transferred for the following purposes:
● To fund health care;
● To fund education, including any capital construction projects related thereto;
● To fund retirement plans for firefighters and police officers, so long as the general assembly determines that such funding is necessary; and
● To pay for strategic transportation projects included in the department of transportation's strategic transportation project investment program.
Clarifies that the statutory limitation on general fund appropriations, and the exceptions or exclusions thereto, shall apply to the moneys in the general fund exempt account.
Defines "education", "excess state revenues cap", and "state revenues".
Requires the director of research of the legislative council to prepare an excess state revenues legislative report that includes the amount of excess state revenues that the state retained and a description of how the excess state revenues were expended.
REFERRED MEASURE November 2005
NOTE: This act will be submitted to a vote of the people at the November 2005
odd-year election.
H.B. 05-1205 Office of economic development - motion picture and television advisory commission. Repeals the motion picture and television advisory commission in the Colorado office of economic development.
APPROVED by Governor April 7, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 05-1231 State employees - defined contribution retirement plans - eligibility - administration. For the purpose of determining which state employees are eligible to be members of the defined contribution retirement plan created by the public employees' retirement association (PERA), clarifies that an "eligible employee" is an employee of the state, the general assembly, the office of a district attorney in a judicial district, and any state department. Specifies that "eligible employee" does not include a retiree of PERA or a retiree of PERA who has suspended benefits.
Eliminates the provisions that allow members of PERA's defined contribution plan or members of the public officials' and employees' defined contribution plan created by the state deferred compensation committee (committee's defined contribution plan) to be eligible to continue such membership upon commencing employment in a different state position for which PERA's defined contribution plan or the committee's defined contribution plan is not available.
Specifies that an employee who begins employment with an employer on or after January 1, 2006, and who was a member of PERA's defined contribution or defined benefit plan or the committee's defined contribution plan at any time during the prior 12 months shall automatically continue to be a member of such plan upon commencing employment.
For the purpose of determining which state employees are eligible to participate in the committee's defined contribution plan, clarifies that "eligible employee" includes an employee who has been a member of the committee's defined contribution plan during the 12 months prior to the date that the employee commences employment, but does not include a retiree of PERA or a retiree of PERA who has suspended benefits.
Allows the state deferred compensation committee to retain professional advisors and independent consultants or experts to advise it regarding the proper discharge of the committee's fiduciary duty.
States that upon termination of employment by which an employee is eligible to participate in the committee's defined contribution plan, the participant's accrued benefit under the plan shall remain fully vested and the participant may rollover, request distribution, transfer, or retain his or her balance in the plan.
APPROVED by Governor April 7, 2005
EFFECTIVE April 7, 2005
H.B. 05-1241 Division of housing - pilot program - requirement that newly constructed housing units making use of funds from division satisfy minimum standards of visitability for persons with disabilities. Creates a pilot program to require that certain newly constructed dwelling units making use of funding obtained from the division of housing (division) within the department of local affairs meet minimum standards of visitability for persons with disabilities. In connection with any funding provided by the division for the construction of adequate housing in the state, on or after January 1, 2006, but prior to January 1, 2009, requires the division to require the recipient of the funding, as a condition of accepting the funding, to construct the housing in conformity with minimum standards of visitability. Specifies that only the construction of single family residential dwelling units shall be subject to the requirements of the pilot program, and no more than 150 residential dwelling units shall be constructed under the pilot program.
Specifies minimum standards of visitability.
Requires the inspection of any dwelling units constructed in accordance with the requirements of the act for compliance with any county or municipal building code to be performed by the county or municipal building inspector, as applicable. In the case of a county or municipality that either has not established a building department nor adopted a building code, requires the division to perform the inspection, procure the services of a private party capable of performing the inspection, or arrange for the inspection to be performed by the building inspector of a neighboring county or municipality that is able to reasonably perform the inspection.
Requires the division to review the operation of the pilot program and submit a report on or before October 1, 2009, to the joint budget committee and the local government committees of the senate and house of representatives of the general assembly. Requires the report to include, at a minimum, information on the outcomes concerning the availability of housing satisfying minimum standards of visitability achieved by creation of the pilot program.
In connection with any dwelling unit approved for funding pursuant to the pilot program, requires the division to notify the program director of the state electrical board, the examining board of plumbers, and the governing body of each local government with a unit located within its territorial boundaries of the legal or street address of the unit. Requires the notice to be provided no later than 10 days from the date the division provides funding.
Terminates the pilot program, effective July 1, 2010.
VETOED by Governor May 31, 2005
H.B. 05-1286 Telecommunications revolving fund - user charges on public safety radio systems. Eliminates the automatic repeal of the department of personnel's authority to deposit user charges of public safety radio systems into the telecommunications revolving fund.
Specifies that no municipality, county, city and county, or special district shall be charged user charges on public safety radio systems of a state agency or other state entity.
APPROVED by Governor May 27, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 05-1307 Agricultural products preference - state government purchasing - contracts awarded to resident bidders. Allows a governmental body to purchase agricultural products produced in the state if the quoted price reasonably exceeds the lowest bid or price quoted for products produced outside the state.
Requires a governmental body to report to the joint budget committee of the general assembly any cost increase associated with the purchase of agricultural products produced in the state.
Applies the preference for agricultural products produced in the state to contracts governed by the "Procurement Code".
APPROVED by Governor June 7, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 05-1309 Institute for forensic psychiatry - Colorado mental health institute at Pueblo - lease agreement - construction - controlled maintenance. Authorizes the executive director of the department of human services (executive director) to enter into a lease agreement with a private party to occupy and operate an institute for forensic psychiatry and auxiliary facilities at the Colorado mental health institute at Pueblo. States that payments under such a lease agreement shall be subject to annual appropriation by the general assembly and shall not create an indebtedness of the state.
Authorizes the executive director to lease land and improvements to the lessor of the institute for forensic psychiatry for the construction of that institute and its auxiliary facilities. States that the institute for forensic psychiatry may be built on land leased to the lessor by the state or on land owned by the lessor.
States that the institute for forensic psychiatry and its auxiliary facilities shall be constructed according to design standards and specifications approved by the executive director and the facility program plan approved by the capital development committee of the general assembly. Directs the executive director to establish minimum qualifications for the lessor of the institute. Requires the lessor to be an entity whose sole business is owning properties that are leased to or otherwise used by governmental entities. States that the vendor shall be selected pursuant to the "Procurement Code".
Exempts the property occupied by the institute for forensic psychiatry and its auxiliary facilities from taxation so long as it is used for public purposes by the department of human services.
States that controlled maintenance funds may be used for secure facilities and related auxiliary facilities leased or rented and operated by the department of human services or the department of corrections.
BECAME LAW June 9, 2005
EFFECTIVE June 9, 2005
H.B. 05-1310 Refund of revenues in excess of state fiscal year spending limit - over-refunds - under-refunds - records and disclosures. Defines the term "over-refund". Provides for the carryforward of any over-refunds made in the 2001-02 fiscal year or in fiscal years thereafter that have not been used to reduce the amount of state revenues in excess of the state fiscal year spending limit for the fiscal year in which such over-refunds are made.
For the 2004-05 fiscal year and fiscal years thereafter, requires the controller to:
● Calculate fiscal year spending for the fiscal year without reducing fiscal year spending for over-refunds and carried-forward over-refunds; and
● Reduce the amount of state revenues in excess of the state fiscal year spending limit for the fiscal year and carried-forward under-refunds by the amount of over-refunds and carried-forward over-refunds, but limit the amount of the reduction to the amount of state excess revenues for the fiscal year.
States that such calculations and reductions made by the controller shall be subject to review by the state auditor.
Relocates, with amendments, the current provision governing the under-refunding of state revenues in excess of the limitation on state fiscal year spending. Commencing with the 2004-05 fiscal year, requires any under-refunds to be carried forward and added to any previously carried forward under-refunds to be refunded with subsequent fiscal years' state revenues in excess of the limitation on state fiscal year spending that are required to be refunded.
Imposes certain record-keeping and reporting requirements in regard to any over-refunds made or any under-refunds occurring in the 2004-05 fiscal year and in fiscal years thereafter.
APPROVED by Governor April 5, 2005
EFFECTIVE April 5, 2005
H.B. 05-1330 Sale and lease-purchase of eligible state facilities - fiscal year 2005-06. Permits the governor to direct the executive director of the department of personnel (executive director) to attempt to sell a legal interest in one or more eligible state facilities if, for the fiscal year 2005-06 only, the revenue estimate prepared by the office of state planning and budgeting in June, September, or December of 2005 indicates that general fund expenditures for such fiscal year, based on appropriations then in effect, will result in the use of one-half or more of the statutory general fund reserve. Authorizes the executive director to sell a legal interest in one or more eligible state facilities in order that the net proceeds from such sale may be used for general fund expenditures and retained as part of the statutory general fund reserve for the fiscal year 2005-06. Prohibits the sale of a legal interest in an eligible state facility unless:
● The governor directs the executive director to attempt such sale;
● The state would receive the proceeds from such sale prior to June 30, 2006; and
● Simultaneous with the execution of the sale, the state leases back the same facility pursuant to a lease-purchase agreement.
Requires the director of the office of state planning and budgeting to approve any property sale agreement or lease-purchase agreement. Establishes who may purchase a legal interest in an eligible state facility. Requires the executive director to consult with the chairperson of the board of regents of the university of Colorado, or the chairperson's designee, prior to selling a legal interest in an eligible state facility that is owned by the university of Colorado.
Authorizes the executive director to execute a lease-purchase agreement for up to 30 years, subject to annual renewal, for a legal interest in a property that the executive director has sold pursuant to the statutory authority established in the act. Establishes that the sole security for a lease-purchase agreement is the property that is the subject of such agreement. Permits lease payments to be made from the general fund or any other legally available source.
Requires that a lease-purchase agreement specifically authorize the state to receive fee title to all real property that is the subject of the lease-purchase agreement on or prior to the expiration of the lease-purchase agreement. Permits a lease-purchase agreement to provide for the issuance, distribution, and sale of instruments by the lessor evidencing rights to receive rentals and other payments made and to be made under the lease-purchase agreement, but that such issuance, distribution, or sale shall not create a relationship between the purchasers of such instruments and the state or create any obligation on the part of the state to said purchasers.
APPROVED by Governor June 3, 2005
EFFECTIVE June 3, 2005
H.B. 05-1331 Division of housing - powers in connection with affordable housing - membership, powers, and duties of state housing board - authority of division to make grants from home investment fund. Expands the existing powers of the state division of housing (division) by authorizing the division to purchase and then temporarily hold real property for the purpose of preserving the property as affordable and to transfer title to the property to a local housing authority or a private nonprofit corporation.
Increases the membership of the state housing board (board) by 2 new members. In connection with the appointment of members of the board from congressional districts made on or after August 8, 2005, requires the members to be appointed in such manner that one member is the owner of residential rental property and one additional member is a real estate professional. Specifies that one member who is not appointed from a congressional district shall represent Colorado residents with low incomes. Specifies how such requirement is to be satisfied. Specifies that one additional member who is not appointed from a congressional district shall be a resident of a rural area. Specifies requirements pertaining to the initial appointment of these board members and for vacancies affecting such members.
Expands the existing powers of the board by authorizing the board to conduct public hearings and assess affordable housing needs in order to prepare an annual allocation plan for moneys made available from the home investment fund (fund) in accordance with the requirements of the act.
Expands the types of moneys the division is required to pay into the fund to include any moneys made available from any public or private source. Expands the permitted uses of moneys in the fund to allow the division to makes grants, and specifies that any loans or grants shall be made in accordance with an annual allocation plan that is to be prepared by the board after it has conducted any public hearings and assessed affordable housing needs.
Expands the entities to which loans from the fund may be awarded to include local governments or special districts formed by a local government, and expands the type of costs that may be funded from a loan to include predevelopment costs.
Upon the approval of the board following the preparation by the board of an annual allocation plan, authorizes the division to make grants from moneys in the fund to any local housing authority, public nonprofit corporation, private nonprofit corporation, local government, or a special district formed by a local government for predevelopment, development, or redevelopment costs incurred prior to the completion or occupancy of low- or moderate-income housing or for the rehabilitation of such housing. Prohibits the division from making any grants from the fund unless and until new public moneys have been contributed to the fund and the Colorado blue ribbon panel on housing has released a final report or recommendations.
In connection with grants and loans from the fund to a local housing authority, authorizes such authority to contract with a private for-profit or nonprofit corporation to undertake any activity that the authority is authorized to undertake in accordance with the requirements of the act.
VETOED by Governor June 1, 2005
H.B. 05-1333 Critical needs financing corporation - creation - composition of board - general powers and duties - authority to issue critical needs notes. Creates the critical needs financing corporation (corporation) as an independent public body politic and corporate. Specifies that the governing body of the corporation is a board consisting of the director of the office of state planning and budgeting, the state controller, the state treasurer, a member of the joint budget committee of the general assembly selected by the members of the committee, and the chair of the capital development committee of the general assembly. Allows a board member to designate an official or employee of the member's agency or committee to represent the member on the board. Allows board members reimbursement for actual expenses but no other compensation. Specifies the general powers and duties of the corporation.
Contingent upon the approval by the voters of the state of House Bill 05-1194, which if approved will allow the state to retain and spend excess state revenues, at the November 2005 statewide election, authorizes the issuance of critical needs notes (notes) approved by voters of the state voting on a ballot issue submitted as required by a joint resolution of the general assembly at a statewide election for the purposes, under the terms, and up to the maximum amounts approved by the voters by the department of transportation (department) for transportation purposes and by the corporation for other purposes. Specifies that if such a voter-approved ballot issue authorizes the crediting of note proceeds to the fire and police members' benefit fund, the state contribution to the fund required by current law shall be satisfied to the extent of the actuarial equivalency of the proceeds from the notes. Under specified conditions, allows the general assembly to act by joint resolution to limit the scheduled annual payments of principal and interest on notes issued after the date of passage of the joint resolution and to remove or modify the limit by passage of a subsequent joint resolution.
Creates the critical needs fund (fund), authorizes the general assembly to make annual appropriations that are exempt from the statutory limitation on state general fund appropriations from the state general fund and from other legally available sources to the fund, and authorizes the use of the fund to pay the principal, interest, and necessary costs of notes and to pay for strategic transportation projects. Specifies that the repayment of notes and the deposit of moneys to the fund are subject to annual appropriation by the general assembly, and requires notes and associated contracts to state that they do not create any constitutional or statutory indebtedness of the state.
Requires the corporation and the department to annually report to the joint budget committee and legislative audit committee of the general assembly specified information regarding notes, the fund, and the distribution of note proceeds and moneys in the fund.
APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005
H.B. 05-1339 State personnel system - personnel board - hearings - procedures. Retains but relocates the provision of law specifying that the state personnel board (board) may authorize administrative law judges to conduct hearings for the board.
Regarding petitions to the board for review of the appointing authority's decision concerning an employee's grievance, specifies that the provision requiring the board to grant or deny the petition within 90 days of receipt of the petition does not apply to petitions that are filed with the board that result in an investigation regarding discrimination of the employee or retaliation against the employee for disclosure of information.
Specifies that a certified employee who has been disciplined by an appointing authority shall be notified in writing by certified letter or hand delivery of the action taken, the specific charges giving rise to such action, and the employee's right of appeal to the board. Specifies that the notice shall include information about certain requirements for filing an appeal with the board. Clarifies that the board shall hold a hearing within 90 days after the receipt of an employee's appeal.
APPROVED by Governor May 27, 2005
EFFECTIVE May 27, 2005
H.B. 05-1340 Colorado state building renovation fund - continuous appropriation. Requires that the moneys in the Colorado state capitol building renovation fund be continuously appropriated to the department of personnel for expenditures recommended by the state capitol building advisory committee and approved by the capital development and joint budget committees of the general assembly. Specifies that all unencumbered moneys in the fund at the end of any fiscal year shall remain in the fund and not revert to the state general fund.
APPROVED by Governor May 27, 2005
EFFECTIVE May 27, 2005
H.B. 05-1341 Capital construction - leases - approvals. Subject to the approval of the office of state planning and budgeting or the Colorado commission on higher education and the capital development committee and the joint budget committee, authorizes state departments and agencies and institutions of higher education to enter into lease agreements for up to 30 years for capital development projects. Specifies required and optional terms of a lease. Excludes a lease from the requirement for an independent appraisal, and allows the state controller to waiver certain fiscal rules.
APPROVED by Governor June 3, 2005
EFFECTIVE June 3, 2005
H.B. 05-1349 Controlled maintenance trust fund - interest earned - Colorado indigent care program - appropriation. Transfers on February 1, 2006, $3,144,162 from the interest earned on the principal of the controlled maintenance trust fund (trust fund) to the general fund to fund safety net provider payments for private hospitals under the Colorado indigent care program in fiscal year 2005-06.
Specifies that if there is insufficient interest accrued on the principal of the trust fund on February 1, 2006, the available interest shall be transferred to the general fund to fund safety net provider payments and the remainder due shall be transferred as it accrues.
Appropriates $6,288,324 to the department of health care policy and financing, indigent care program, safety net provider payments. Specifies that of the total appropriated, $3,144,162 shall be from the general fund and $3,144,162 shall be from federal funds.
Makes the act contingent upon the passage of Senate Bill 05-210.
APPROVED by Governor June 2, 2005
EFFECTIVE June 2, 2005
NOTE: Senate Bill 05-210 was signed by the governor June 2, 2005.
H.B. 05-1350 General fund exempt account - appropriations to critical needs fund - specification of uses for health care and education. Specifies that moneys in the general fund exempt account (account), the amount of which shall be equal to the amount of revenue that the state is authorized to retain and spend if the voters approve referendum "C", concerning the retention of excess state revenues to fund budgetary needs, shall be appropriated or transferred in the following manner:
● A specified amount may be appropriated from the account to the critical needs fund, if referendum "D", concerning financing to address critical state needs, is approved by the voters in the state, or be appropriated or transferred as currently required by statute.
● Requires any other moneys in the account to be split equally for funding for health care, funding for preschool through 12th grade education, and funding for students attending community colleges and other institutions of higher education.
Establishes the types of uses that qualify as funding for health care, funding for preschool through 12th grade education, and funding for students attending community colleges and other institutions of higher education.
Makes the act contingent on the passage of House Bill 05-1194 and its approval by the voters.
APPROVED by Governor June 6, 2005
EFFECTIVE See note below
NOTE: House Bill 05-1194 was passed by the general assembly and will appear on the
ballot at the November 2005 odd-year election. If approved, it will become effective
upon proclamation of the governor, which will occur in either December of 2005 or
January of 2006.
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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.