S.B. 06-3 State buildings - life-cycle cost analysis - biofuels. Requires the life-cycle cost analysis performed for each state-owned or state-assisted major facility to include an analysis of the use of biofuel to provide supplemental or exclusive heating, power, or both for the major facility. For renovations, requires the analysis to consider stranded utility costs. Defines "biofuel" to mean nontoxic plant matter consisting of agricultural or silvicultural crops or their byproducts, urban wood waste, mill residue, slash, or brush.
APPROVED by Governor
March 31, 2006
EFFECTIVE March 31,
2006
S.B. 06-6 Public employees' retirement association - convicted felons - denial employment.Allows the public employees' retirement association (PERA) to deny employment to an individual who has been convicted of a felony or other specified offense if the individual, during his or her employment with PERA, would have access to PERA investment information, PERA assets, or other information relating to PERA members or beneficiaries.
APPROVED by Governor
March 31, 2006
EFFECTIVE March 31,
2006
S.B. 06-9 Open meetings - executive sessions - electronic recording - attorney-client communication exception. Requires that discussions occurring in an executive session of a state public body or a local public body be electronically recorded, rather than recorded in some other method used by the public body to record the minutes of an open meeting. Repeals attestation requirements regarding the veracity of written minutes of an executive session.
Specifies that no record or electronic recording of a discussion involving a privileged attorney-client communication is required in an executive session that has been properly announced by the state public body or local public body. Clarifies that the electronic recording of an executive session shall reflect the opinion of the attorney representing the public body that no record or electronic recording was kept of such a discussion based on the attorney's opinion that the discussion constituted a privileged attorney-client communication. States that the attorney for the public body may provide a signed statement attesting to that opinion.
Makes the act applicable to discussions occurring in an executive session of a state public body or local public body on or after August 7, 2006.
APPROVED by Governor
February 23, 2006
EFFECTIVE August 7,
2006
NOTE: This act was
passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
S.B. 06-15 Division of central services - centralized fleet of state vehicles - vehicles included in fleet. Modifies the definition of "state-owned motor vehicle" to clarify the types of motor vehicles that are included in the centralized fleet of state vehicles. Specifies that any vehicle that is rated at one ton or more, that is a specialized vehicle used for the purpose of construction or maintenance, and that is owned, operated, or controlled by the department of transportation shall not be included in the definition of "state-owned motor vehicle" and is not part of the centralized fleet of state vehicles.
Requires any department, institution, or agency of the executive branch of the state that owns, operates, or controls vehicles that are not part of the centralized fleet of state vehicles to provide the department of personnel with information requested by the department in order to compile data on all motor vehicles owned by the state.
Requires that the federal environmental protection agency mile-per-gallon rating for all motor vehicles purchased for the state-owned motor vehicle fleet on or after January 1, 2007, meet or exceed the average fuel efficiency standards as established pursuant to the federal "Energy Policy Conservation Act".
APPROVED by Governor
May 25, 2006
EFFECTIVE August 7,
2006
NOTE: This act was
passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
S.B. 06-16 Department of personnel - fleet - diesel vehicles - biodiesel. Requires the executive director of the department of personnel (director) to establish a policy by January 1, 2007, requiring all state-owned diesel vehicles and equipment to use a fuel blend of 20% biodiesel and 80% petroleum diesel, subject to availability and so long as the price is no more than 10 cents higher per gallon than that of diesel fuel, and to provide for proper administration, implementation, and enforcement of the policy. Requires the director to report to the general assembly the extent of biodiesel use in the state fleet on or before January 1, 2009.
Applies to all state-owned diesel vehicles fueled on or after January 1, 2007.
APPROVED by Governor
March 31, 2006
EFFECTIVE July 1,
2006
S.B. 06-38 Insurance - fees paid by insurance companies - investigation and prosecution of insurance fraud. Increases the amount of money the division of insurance shall collect from entities regulated by the division for the purpose of investigating and prosecuting allegations of insurance fraud.
Specifies that the attorney general shall provide annual reports to the joint budget committee, the senate business, labor, and technology committee, and the house business affairs and labor committee, or any successor committees, and shall post a statistical report on the attorney general's website regarding the results of investigating and prosecuting insurance fraud.
APPROVED by Governor
May 26, 2006
EFFECTIVE May 26,
2006
S.B. 06-49 State council on the arts - transfer - Colorado office of economic development.Transfers the state council on the arts, including its employees and property, from the department of higher education to the Colorado office of economic development on July 1, 2006.
APPROVED by Governor
June 5, 2006
EFFECTIVE July 1,
2006
S.B. 06-57 Colorado bureau of investigation - missing senior citizen alert program - media alerts. Creates the missing senior citizen alert program ("program") to broadcast notice of a missing senior citizen who has an impaired mental condition. Requires the Colorado bureau of investigation ("CBI") to implement the program. Specifies that the program will include a procedure for local law enforcement agencies to verify a senior citizen is missing, to verify that the senior citizen has an impaired mental condition, and to notify the CBI. Directs the CBI to issue an alert after confirming the local law enforcement agency's information. Requires the alert to be sent to designated media outlets in Colorado. Authorizes the director of the department of public safety to promulgate rules to implement the program.
APPROVED by Governor
April 4, 2006
EFFECTIVE April 4,
2006
S.B. 06-63 Information technology - management of major automation system development projects - office of innovation and technology - qualifications, training, and use of project managers and project management analysts - appropriation. Requires the office of innovation and technology (office) to establish policies and procedures for acceptable project plans and feasibility studies.
Prior to the approval or disbursement of any moneys for any major automation system development project (project), requires the office to certify to the state controller that any such project is in compliance with best practices adopted by the state concerning the management of an information technology project. Requires the office to develop policies regarding best practices and the verification of project managers and project management analysts.
Requires the department of personnel (department), in collaboration with the office, to create a job category and defined skill sets within the state personnel system for individuals employed as major automation system development project managers and major automation system development project management analysts. Specifies minimum qualifications for project managers and project management analysts. Requires the office to establish a team of project managers and project management analysts who shall:
● Satisfy any training and experience requirements as established by the department; and
● Be assigned by the office, in collaboration with the state agencies, to work with any such agencies on a project unless the agency's project manager or project management analyst satisfies the criteria specified in the act.
Requires state agencies that use the services specified in the act to be responsible for reimbursing the office for the personnel costs associated with the project management and project management analyst function. Requires the budget of each project to include funding for at least one project manager and one project management analyst. Authorizes the executive director of any state agency that employs any person who possesses the qualifications necessary to be a project manager or project management analyst to request a review and verification that any such person is in compliance with any personnel qualifications governing such position as adopted by the department concerning the management of an information technology project, and allows the executive director to use any such qualified staff person for project management and project management analyst services. Specifies that no state agency shall be precluded from hiring a contract employee as a full-time project manager or project management analyst if the person satisfies the qualifications specified in the act.
Requires the office to establish and implement a training plan for all persons employed by the state as of the effective date of the act who provide services or functions described in the job descriptions provided by the department for project managers and project management analysts. Permits any employee who receives such training and who possesses sufficient relevant experience to be certified by the office as a project manager or a project management analyst. Allows the office, in collaboration with the department, to require, as part of the verification process created under the act, refresher training as specified in the act.
Requires state agencies to reimburse the office for the costs of providing the training required by the act.
Requires the office to submit a plan to the commission on information management and to specified legislative committees by February 1, 2007, and no later than February 1 of each calendar year thereafter. Describes the required contents of the plan.
Expresses the intent of the general assembly that, to the extent possible, the costs of implementing the act be included within the costs of major automation system development projects.
Appropriates $249,281 to the office of innovation and technology for the implementation of the act.
APPROVED by Governor
June 6, 2006
EFFECTIVE June 6,
2006
S.B. 06-64 Centralized contract management system - personal service contracts - vendor remedies - contract performance outside the United States or Colorado - state's rights to audit contract records - monitoring of vendor performance - performance evaluation reports - construction contracts - appropriation.
Centralized contract management system
Requires the department of personnel and administration (department) to implement and maintain a centralized contract management system (system) for the purpose of monitoring all personal services contracts entered into by a state governmental body that are subject to the requirements of the act. Specifies information pertaining to such contracts that the system is required to contain. Requires each governmental body to be responsible for gathering relevant information to be submitted to the department for inclusion in the system.
Requires that the system:
● Be a publicly available database of all personal services contracts entered into by all governmental bodies, accessible from the website maintained by the state. Specifies that information concerning contracts contained in the database and accessible on the website shall be searchable by criteria enumerated in the act. Requires information in the database to be either presented in plain and nontechnical language or by means of key terms that are clearly and easily defined.
● Identify the number of employment positions to be filled under any personal services contract that had previously been performed by classified civil service employees, in addition to the total number of positions, if any, eliminated by the contract; and, in the case of any contract that is more than one year in duration, the cost savings, if any, and quality improvements, if any, realized by the state as a result of the contract.
● Include information concerning personal services expenditures by governmental body and by type of services. Specifies the type of services that may be designated.
Requires any new personal services contracts subject to the requirements of the act to be added to the system not more than 60 days after the execution of the contract.
Prior to entering into a sole-source personal services contract, requires the governmental body to attempt to identify competing vendors by placing a notice on the state's bid notification website for not less than 3 business days. Prohibits the sole-source selection method from being used in specified circumstances.
Upon the completion of each personal services contract, requires the governmental body that was a party to the contract to perform an evaluation of the vendor that performed the contract, and requires the evaluation to be added to the system. Specifies the items the evaluation is to measure. If the vendor disputes any information contained in the evaluation, permits the vendor to exercise existing contract dispute specified in the procurement code (code). If, upon completion of an appeal filed with the executive director of the department (executive director) or the Denver district court, as applicable, the vendor is not satisfied with the resolution of the appeal, allows the vendor to file a rebuttal statement that is to be maintained as part of the vendor evaluation record. Specifies that the vendor's sole remedy in contesting any evaluation is to be removal of the evaluation, correction of the evaluation, or submission of the rebuttal statement.
Commencing on September 30, 2006, until such time as the development of the system, requires the department to provide reports on a quarterly basis to the joint budget committee of the general assembly concerning the status of the development of the system.
Requires the department to annually report information on personal services contracts contained in the system to the standing legislative committees of reference in each house of the general assembly with oversight responsibilities over the department's affairs. With respect to any sole-source contract identified in the system, requires the department to annually submit a report to the legislative council of the general assembly concerning any new sole-source contract entered into by the state during the prior calendar year. Specifies required contents of the report.
Contract performance outside the United States or Colorado
Prior to contracting or as a requirement for the solicitation of any contract from the state for services, as appropriate, requires any prospective vendor to disclose in a statement of work where services will be performed under the contract, including any subcontracts, and whether any services under the contract or any subcontracts are anticipated to be performed outside the United States or Colorado. If the prospective vendor anticipates services under the contract or any subcontracts will be performed outside the United States or Colorado, requires the vendor to provide in its statement of work a provision setting forth why it is necessary or advantageous to go outside the United States or Colorado to perform the contract or any subcontracts.
Right to audit records
Clarifies that the state is authorized to audit the books and records of any contractor or any subcontractor under any negotiated contract or subcontract to the extent that the books and records relate to the performance of a state contract or a subcontract.
Monitoring of vendor performance
Requires each personal services contract entered into pursuant to the code with a value of $100,000 or more to contain:
● Performance measures and standards developed by the governmental body administering the contract specifically for the contract;
● An accountability section that requires the vendor to report regularly on its achievement of the performance measures and standards specified in the contract and that allows the governmental body to withhold payment until successful completion of all or part of the contract and the achievement of established performance standards;
● Monitoring requirements that specify how the governmental body will evaluate the vendor's performance, including progress reports, site visits, inspections, and reviews of performance data; and
● Methods and mechanisms to resolve any situation in which the governmental body's monitoring assessment determines noncompliance, which mechanisms shall include termination of the contract.
In the case of a multi-year contract, requires the governmental body to annually certify whether the vendor on any contract is complying with the terms of the contract. If the governmental body determines that the vendor has not complied with the contract terms, including but not limited to performance standards and measurable outcomes, permits the state to exercise any remedy available under law in the case of contract nonperformance. If a vendor is deemed to be in default under any one particular contract with the state, permits the state, in its sole discretion, to declare any or all other contracts it has entered into with the vendor to be in default.
Requires the system to include such information as will allow the executive director and governmental bodies to evaluate the prior record of a particular vendor in meeting performance measures and standards in connection with a contract to which it has been a party. In the event a particular vendor demonstrates a gross failure to meet such performance measures and standards in connection with one or more contracts to which it has been a party, authorizes the executive director, upon the request of and with a showing of good cause by a governmental body, to remove the name of the vendor from the database and prohibit the vendor from bidding on future contracts. Upon a showing of good cause by a vendor or governmental body, authorizes the executive director to reinstate the name of the vendor to the database. If a vendor disputes the removal of its name from the database or the prohibition of the vendor from bidding on future contracts, permits the vendor to exercise the debarment protest and appeal rights specified in specified sections of the code. If, upon completion of an appeal filed with the executive director or the Denver district court, as applicable, the vendor is not satisfied with the resolution of the appeal, permits the vendor to file a rebuttal statement that is to be maintained as part of the vendor evaluation record. Specifies that the vendor's sole remedy in contesting the removal or prohibition shall be reversal of the debarment or submission of the rebuttal statement.
Performance evaluation reports
In the case of each construction contract with a value of $500,000 or more, requires the governmental body to prepare, prior to completion of the contract, a contractor performance evaluation report. Requires each report to evaluate the contractor's performance on a particular project. Specifies certain information each report is required to contain. Requires each report to be kept on file by the governmental body and to be forwarded, within 30 days of the date on which the report is completed, to a central database managed by the department. Requires each report to be maintained in the database for at least 5 years after being forwarded to the database.
Requires each governmental body to establish appropriate procedures to ensure that each report relating to a prospective contractor is reviewed by the governmental body prior to the governmental body making any future contract awards, regardless of the procurement method used.
If a vendor disputes any information contained in a report, permits the vendor to exercise the contract rights provided for under specified sections of the code. If, upon completion of an appeal filed with the executive director or the Denver district court, as applicable, the vendor is not satisfied with the resolution of the appeal, permits the vendor to file a rebuttal statement that is to be maintained as part of the vendor evaluation record. Specifies that the vendor's sole remedy in contesting information contained in the report shall be removal of the evaluation, correction of the evaluation, or submission of the rebuttal statement.
General provisions
Specifies the particular contracts to which the act applies.
For purposes of the act, defines "governmental body" to include elected officials, the governing board of each institution of higher education, and the Colorado commission on higher education. Specifies that no institution of higher education shall be required to comply with specified requirements of the act prior to the commencement of the 2007-08 state fiscal year.
Specifies that, insofar as a conflict exists between the definition given a particular term affecting a personal services contract by the department and the definition given a term by an institution of higher education, the meaning given the term by the department shall control.
Appropriation
Appropriates specified amounts from the general fund to the following departments for the implementation of the act: Department of agriculture, department of corrections, department of education, department of health care policy and financing, department of human services, department of labor and employment, department of military and veterans affairs, department of natural resources, department of personnel, department of public health and environment, department of public safety, and department of revenue.
Appropriates from the department of state cash fund to the department of state and from the state highway fund to the department of transportation for the implementation of the act.
VETOED by Governor May 26, 2006
S.B. 06-81 Labor and employment nondiscrimination protections - addition of sexual orientation. Adds sexual orientation to the list of characteristics for which a person may not be discriminated against under state laws applying to:
● Employers' practices involving hiring, discharging, promoting, or demoting employees; the harassment of employees; and the compensation of employees;
● Employment agency practices involving listings, referrals, or compliance with an employer's direct or indirect request to discriminate;
● Labor organization practices involving the exclusion, expulsion, or other discrimination in membership;
● Employer, employment agency, or labor organization practices involving the use of a discriminatory publication, application, or inquiry; and
● Apprenticeship training programs or other occupational instruction programs.
Allows employers to require compliance with a dress code.
Excludes religious organizations or associations from the definition of "employer" for purposes of complying with state employment nondiscrimination laws, except for those religious organizations supported in whole or in part by public funds.
Appropriates $32,225 from the general fund to the department of regulatory agencies for legal services associated with implementation of this act. Appropriates $32,225 and 0.2 FTE out of such appropriation to the department of law for the provision of legal services to the department of regulatory agencies in connection with implementation of this act. Appropriates $49,795 and 1.0 FTE from the general fund to the Colorado civil rights division for the implementation of this act.
VETOED by Governor May 26, 2006
S.B. 06-96 Wildfire response - wildfire preparedness fund - interstate compact. Directs the Colorado state forest service to use the moneys in the wildfire emergency response fund to employ wildfire hand crews to fight a wildfire for the first 2 days of the wildfire at the request of a county sheriff, municipal fire department, or fire protection district. Creates a preference for the use of wildfire hand crews from the inmate disaster relief program.
Changes the name of the initial aerial attack plan to the wildfire preparedness plan. Requires the plan to address the availability and staffing of state wildfire engines and the availability of state inmate wildfire hand crews. Requires the plan to be completed by December 1, 2006, and updated each December 1 thereafter.
Creates the wildfire preparedness fund. Transfers $3.25 million in severance tax revenues from the local government mineral impact fund to the wildfire preparedness fund in each of the next 5 fiscal years. Authorizes the governor to access and designate moneys in the wildfire preparedness fund for wildfire preparedness activities by executive order or proclamation. Directs the Colorado state forest service to implement the directives set forth in such executive order or proclamation. Authorizes the Colorado state forest service to use the moneys on the wildfire preparedness fund to provide funding or reimbursement to volunteer fire departments to purchase fire shelters that comply with federal requirements.
Authorizes the governor to enter into the interstate compact for the prevention and control of forest fires.
Directs the state forester to submit a report to the joint budget committee and the agriculture committees of the house of representatives and the senate on the use of the moneys in the wildfire preparedness plan, the status of the wildfire preparedness plan, and the status of the interstate compact for the prevention and control of forest fires.
APPROVED by Governor
May 18, 2006
EFFECTIVE May 18,
2006
S.B. 06-116 Tobacco settlement programs - scheduling of audits. Replaces the requirement that the legislative audit committee design a schedule for review and evaluation of tobacco settlement programs by the state auditor that ensures that each program is reviewed and evaluated at least once every 3 years with a requirement that the committee design a schedule for review and evaluation of programs that ensures that each program is reviewed and evaluated as deemed necessary by the committee after consultation with the state auditor.
APPROVED by Governor
April 4, 2006
EFFECTIVE August 7,
2006
NOTE: This act was
passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
S.B. 06-120 State agencies - licensing procedures - full investigation requirement. Requires a state agency to find objective and reasonable facts or conduct upon a full investigation prior to the revocation, suspension, annulment, limitation, or modification of a license by an agency. Defines a full investigation as a reasonable ascertainment of the underlying facts on which the agency action is based.
Specifies that the full investigation requirement does not pertain to licenses issued under the several articles regulating motor carriers as contained in the utilities statutes, title 40, or the provisions regulating driver's licenses set out in title 42.
APPROVED by Governor
May 4, 2006
EFFECTIVE August 7,
2006
NOTE: This act was
passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
S.B. 06-149 Information technology oversight in state agencies - office of information technology in the governor's office - chief information officer - commission on information management - duties and responsibilities - modifications - planning - procurement - rulemaking - statewide internet portal authority - state agency cooperation and compliance. Changes the name of the office of innovation and technology in the governor's office to the office of information technology (office). Makes the office's enumerated responsibilities mandatory instead of discretionary. Eliminates certain responsibilities of the office.
Eliminates the position of chief technology officer (CTO) and makes the chief information officer (CIO) the head of the office.
Specifies that the required submittals of state agency communications and data processing plans to the office be made as part of the state's planning and budgeting process. Directs that those plans:
● Be in compliance with the state's annual information technology plan;
● Specify the agency's communications and data processing procurement and system acquisition plans; and
● Identify risks, issues, and concerns with the agency's communications and data processing infrastructure.
Eliminates consultation with the executive director of the department of personnel by the CIO in the development of policies and procedures relating to technology investment management and the establishment of statewide standards for the efficient exchange of electronic information and technology.
In connection with the current authority to review state agency budget requests, including the legislative department, for communications and information resources technologies and data processing, requires the CIO, in consultation with the office of state planning and budgeting, to approve those requests of state agencies other than the legislative department.
Requires the CIO, instead of the commission on information management (IMC), to approve a set of minimum standards to control purchases and approve criteria to be used in approving or rejecting agency procurements. Eliminates the responsibility of the IMC to review policies and procedures for communication and information resources and data processing procurements, agreements, or contracts. Increases the amount of the procurement, agreement, or contract to which those policies and procedures apply from $25,000 to $100,000. Eliminates the required review and approval by the IMC of the CIO's aggregation of communication and information resources and data processing procurements for one or more state agencies.
Directs the CIO to monitor the status and timeliness of and advise on any risk management issues in connection with certain information technology projects and procurements, to assist state agencies with the timely delivery of those projects and procurements, and to advise the joint budget committee on requested or ongoing information technology projects. Directs the CIO to enforce all of the policies, procedures, standards, specifications, guidelines, or criteria that are developed or approved by the CIO individually or in consultation with other agencies.
Effective July 1, 2006, reduces the number of legislators appointed to the IMC to 2 members from each house, instead of 3. Makes the CIO the successor to the CTO as the chair of the IMC. Requires the IMC to hold regular public monthly meetings, and authorizes special meetings on the call of the CIO at such other times as deemed necessary.
Modifies the role of the IMC from one of strategic planning oversight and policy setting to advising the office and state agencies in certain areas. Consistent with this advisory role, changes the powers and duties of the IMC by authorizing the IMC to:
● Review state agency long-range plans, instead of preparing, approving, and assuring that the plans comply with the state's information technology plan;
● Assist with the development of, instead of developing, an approach for achieving compatibility or accessibility of communications and information systems;
● Review state agency procurements for conformance, instead of disapproving for nonconformance, with the state information technology plan;
● Advise the office and state agencies, in addition to the governor and general assembly, on communications and data processing matters;
● Make recommendations on, in addition to studying, data processing needs of state agencies;
● Review and recommend, instead of establishing, certain criteria for procuring adaptive technology for use by blind or visually impaired individuals.
Transfers the IMC's responsibility for approving a set of minimum standards and criteria relating to controlling purchases and procurements by state agencies to the CIO. Authorizes the IMC to assist and advise the CIO. Gives the IMC general rule-making authority in connection with the duties and responsibilities of the IMC, OIT, and CIO.
Modifies the IMC's duties relating to the statewide communications and information infrastructure. Authorizes the IMC to review and make recommendations on, instead of developing and implementing, requirements for the infrastructure and to review and make recommendations on, instead of overseeing, the use of the infrastructure. Directs the IMC to advise state agencies on the risks, issues, and concerns related to the state agency's communication and data processing infrastructure.
Requires state agencies to comply with the rules and standards in addition to the plans, policies, and directives of the office instead of the IMC and to comply with information requests of the office, the general assembly, and the joint budget committee.
Requires that state agencies coordinate and cooperate with the statewide internet portal authority for purposes of the delivery of electronic information, products, and services by the statewide internet portal authority.
APPROVED by Governor
June 6, 2006
EFFECTIVE June 6,
2006
S.B. 06-160 Local government retirement association - board membership. Modifies the membership of the board of a retirement plan or system (board) comprised of one or more counties, one or more municipalities, and one or more political subdivisions. Requires 2 board members to be employees of a county participating in the plan or system that are elected by the participating county employees rather than employees of a county, municipality, or political subdivision participating in the plan or system elected by such participating employees. Specifies that one of the employees elected to the board shall reside west of the continental divide and one shall reside east of the continental divide. Clarifies that the terms of the 2 members elected to the board from the financial or business community are staggered.
APPROVED by Governor
March 31, 2006
EFFECTIVE March 31,
2006
S.B. 06-173 State officers and employees - mileage reimbursement rate. Modifies the mileage allowance that state officers and employees receive for each mile actually and necessarily traveled while on official state business. Removes the limitation that members of the general assembly only be reimbursed for actual and necessary vehicle travel within the member's district. Specifies that from the effective date of the act but before January 1, 2008, any mileage reimbursement shall be paid from the existing resources of a state officer's or employee's department or agency.
APPROVED by Governor
May 31, 2006
EFFECTIVE May 31,
2006
S.B. 06-192 Interagency task force on drunk driving. Establishes an interagency task force on drunk driving ("task force") to investigate methods of reducing drunk driving. Specifies membership of the task force. Directs the task force to submit an annual report to the judiciary committees of the general assembly.
APPROVED by Governor
April 24, 2006
EFFECTIVE April 24,
2006
S.B. 06-202 State controller - collection of debts due to the state - procedures - authority - - collection fees. Specifies that the efforts to collect moneys owed to the state are not subject to civil liabilities under the "Colorado Fair Debt Collection Practices Act". Specifies that if the state controller (controller) fails to comply with the "Colorado Fair Debt Collection Practices Act", the controller is subject to disciplinary action through the department of personnel (department).
Allows the controller to delegate the collection of debts to the central collection services section of the division of finance and procurement, or any successor section, in the department. Clarifies that debts under the judicial department and the department of labor and employment for overpayment of unemployment insurance benefits and delinquent taxes do not need to be referred to the controller for collection. Eliminates the requirement that state agencies refer debts to the controller within 30 days of delinquency if payment arrangements have been made. Clarifies the criteria for controller waivers where agencies can demonstrate with written justification the capability to collect debt. Extends the time for assignment to private collections for debts not in the process of collection. Removes the requirement that there be a component based on geography in the criteria for selection of the private counsel or private collection agencies. Specifies that the department may provide debt collection services to other political subdivisions of the state.
Specifies that the rules related to the write off, release, or compromise of any debt due to the state may provide delegated authority for such actions and may include provisions to prohibit the referral of debts for tax offset based on the age or amount of the debt. Provides that these rules may also include provisions authorizing the collection of principal, interest, and other collection fees and costs.
When possible, allows the department to add a collection fee to the amount of a debt's principal and interest referred to the controller for collection. Requires the department to annually review the amount of the collection fee. Specifies that the aggregate fee shall not exceed 21% of a debt's principal and interest for the controller or private collection agency or 25% of a debt's principal and interest for private counsel. Provides that the debtor is liable for the total amount of a debt due, including the collection fee.
Clarifies that if a debt is litigated, the debtor is liable for attorney fees, court costs, and fees in addition to the collection fee.
If the debt due is a result of a nonpayment on a check, draft, or order upon presentment, provides that the department is entitled to collect statutory damages in addition to the collection fee.
Except as provided in the "Colorado Fair Debt Collection Practices Act", specifies that the controller, private counsel, or private collection agency must provide written notice to the debtor regarding the amount of the debt, including an itemization of fees assessed, and the name of the creditor to whom the debt is owed.
APPROVED by Governor
May 25, 2006
EFFECTIVE May 25,
2006
S.B. 06-225 Department of public safety - Colorado state patrol - divisions - appropriation.Creates in the Colorado state patrol in the department of public safety a division to address human smuggling and human trafficking on state highways.
Appropriates from the general fund $1,542,563 and 12.0 FTE to the department of public safety for allocation to the Colorado state patrol to address human smuggling and human trafficking on the highways of this state.
Specifies that the act shall take effect only if Senate Bill 06-206 or Senate Bill 06-207 is enacted and becomes law.
APPROVED by Governor
June 6, 2006
EFFECTIVE June 6,
2006
NOTE: Senate bills
06-206 and 06-207 were signed by the governor May 30, 2006.
S.B. 06-233 State auditor - confidential information - access - penalties for release. Clarifies that, notwithstanding any other law but subject to existing exceptions, the state auditor, or his or her designee, shall have access to confidential records or information from any department, institution, or agency. Requires the state auditor to determine the necessity of accessing personal identifying health information. Clarifies that any confidential records or information provided to the state auditor may not be released, and that any person who does release such documents may be subject to a penalty for the release under any applicable law.
APPROVED by Governor
May 25, 2006
EFFECTIVE May 25,
2006
S.B. 06-234 Public construction projects - best value construction contracting - illegal aliens. Authorizes the state to award a construction contract for a public project through a competitive sealed best value proposals process in accordance with the requirements of the act. Specifies that a best value construction contract shall be solicited through a request for proposals that requires the submission of competitive sealed proposals from responsible offerors qualified to perform the construction contract. Requires the request for proposals to identify the evaluation factors upon which the award shall be based and the relative weight of such factors. Specifies certain evaluation factors to be included at a minimum in the request for proposals.
Requires the award of a best value construction contract to be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state and that represents the best overall value to the state, taking into consideration the price and other evaluation factors set forth in the request for proposals. Prohibits other factors or criteria from being evaluated in making the award determination other than those specified in the request for proposals. Requires the contract file maintained by the state to contain the basis on which the award determination was made.
Specifies that the competitive sealed best value proposals process authorized by the act shall not be applied to any contract where such application would conflict with any federal law or federal rule because of restrictions on federal funding sources or for any other reason.
Prohibits an award of a best value construction contract from being made to an offeror under the act unless the offeror has participated or attempted to participate in the federal basic pilot program (pilot program) administered by the United States department of homeland security in order to verify that it does not employ any illegal aliens.
Requires each best value construction contract awarded in accordance with the requirements of the act to include a provision stating that the offeror has verified or attempted to verify through participation in the pilot program that the offeror does not employ any illegal aliens and, if the offeror is not accepted into the pilot program prior to entering into a best value construction contract, that the offeror shall apply to participate in the pilot program every 3 months until the offeror is accepted or the best value construction contract has been completed, whichever is earlier. Specifies that this provision shall not be required or effective in a best value construction contract if the pilot program is discontinued.
Requires a request for competitive sealed best value proposals issued pursuant to the act to comply with the existing statutory requirement pertaining to competitive sealed proposals for nonconstruction contracts to the extent that such requirements do not conflict with the requirements of the act. Specifies that, in the case of a conflict, the provisions of the act shall control.
VETOED by Governor June 2, 2006
S.B. 06-235 Public employees - benefits - public employees' retirement association - highest average salary - board composition - maximum amortization period - supplemental amortization equalization disbursement - purchase of service credit - purchase of noncovered service credit - retirement age and service requirements - annual benefit increases - actuarial assessment prior to benefit increases - annual increase reserve - employment with employer after retirement - election to transfer between defined contribution and defined benefit plans - inclusion of higher education employees in certain benefit plans. Limits the permissible 15% increase in the calculation for highest average salary for current members of the public employees' retirement association (PERA) who retire after January 1, 2009. For members hired on or after January 1, 2007, requires a limit of 8% for salary increases that may be included in the calculation of highest average salary.
Modifies the composition of the PERA board (board) by removing the state auditor as an ex officio trustee of the board and eliminating elected positions on the current board as they expire, until the board consists of the following 15 trustees:
● The state treasurer;
● 3 elected trustees from the state division, elected by members of that division;
● 4 elected trustees from the school division, elected by members of that division;
● One elected trustee from the local government division, elected by members of that division;
● One elected trustee from the judicial division, elected by members of that division;
● 2 elected trustees who are retirees, one of whom shall be elected by members who have retired from the local government division, the judicial division, or the state division, and one of whom shall be elected by members who have retired from the local government division, the judicial division, or the school division; except that both retiree trustees cannot have retired from the same division;
● 3 trustees who shall be appointed by the governor and confirmed by the senate who have significant experience in investment management, finance, banking, economics, accounting, pension administration, or actuarial analysis, and no more than 2 of whom shall be from the same political party.
Reduces the maximum amortization period that is considered actuarially sound for each of the PERA trust funds from 40 to 30 years in compliance with the rules of the governmental accounting standards board.
Eliminates the automatic reduction of employer contributions upon a funded ratio of 110%.
Requires that employers who fail to provide membership in PERA pay the amortization equalization disbursement that was in effect at the time membership should have been provided.
Specifies that a member who refunds a PERA member account and later recommences membership shall be subject to the provisions regarding benefits, contribution rates, and related provisions that are in effect when the member recommences membership.
Requires PERA employers to make a supplemental amortization equalization disbursement of 0.5% of the employer's total payroll beginning January 1, 2008, and increasing each year by 0.5% of the employer's total payroll through 2013 for a total of 3% to be funded, to the extent permitted by law, by an allocation of funds otherwise available for use as employee compensation increases prior to award as salary or other compensation to employees. Specifies that the amortization equalization disbursement and the supplemental amortization equalization disbursement may be reduced when the actuarial funded ratio of a particular division of PERA is 100% as determined in an annual actuarial study of PERA. As each division attains a 30-year amortization period, requires the board to conduct a study of the amortization equalization disbursement and the supplemental amortization equalization disbursement and allows the board to make appropriate recommendations to the general assembly.
Specifies that a member who purchases service credit shall be subject to the provisions regarding benefits that are in effect at the time the member initiates payment of the purchase. Specifies that the cost to purchase forfeited service credit for members hired on or after January 1, 2007, shall be the refunded amount plus interest plus 1% of the member’s highest average salary for each month or partial month of service credit. States that the 1% shall be allocated to the annual increase reserve.
Requires that the cost to purchase service credit for noncovered service shall be sufficient to pay the actuarial liability associated with the purchase. Of the amount paid by a member to purchase service credit for noncovered employment, decreases the amount that is transferred to the health care trust fund on the effective date of the member's retirement to 1.02% of the member's highest average salary at the time of the purchase of service credit.
For members hired on or after January 1, 2007, who have less than 35 years of service credit, specifies that a member may retire with a full service retirement benefit when the member’s age and total years of service equal 85, so long as the member is at least 55 years of age.
Specifies that members hired on or after January 1, 2007, who are inactive members may receive a retirement benefit effective upon written application and approval by the board and upon reaching the requisite age and service credit.
Incorporates federal requirements on minimum required distributions pursuant to the federal internal revenue code.
Specifies that if an annual increase in retirement benefits occurs for members hired on or after January 1, 2007, it shall be effective with the July benefit and shall be paid from the retirement benefit reserve or the survivor benefit reserve, as appropriate, so long as the benefits have been paid to the benefit recipient for the full preceding calendar year and the retiree is older than 60 years of age or the retiree's age plus the retiree's number of years of service credit equals 85.
Within each of the state, school, local government, and judicial divisions of PERA, creates an annual increase reserve. Requires that 1% of the employer contribution for members hired on or after January 1, 2007, shall be allocated to the annual increase reserve to be used only to fund annual increases in benefits for those members. Allows an annual increase in benefits for those members equal to the lesser of 3% of the benefits paid to the members, any increase in the consumer price index, or an amount that would exhaust 10% of the balance of the annual increase reserve.
Requires the general assembly to cause an actuarial assessment of PERA to be conducted before increasing the benefits provided by PERA. Requires the legislative council staff to contract for the actuarial assessment upon direction from the president of the senate and the speaker of the house of representatives.
Defines the nature of the employment relationship between a retiree of PERA and an employer for purposes of determining the employer contributions and amortization equalization disbursement paid by an employer for employing retirees.
Defines the nature of the employment relationship between a retiree of PERA and an employer for purposes of determining any reduction in service retirement benefits for employment after service retirement pursuant to federal internal revenue service guidelines regarding independent contractors.
States that an eligible employee who is a member, inactive member, or retiree on December 31, 2006, who commences employment on or after January 1, 2007, and who initially elects to participate in the defined benefit plan or transfers into the defined benefit plan from the defined contribution plan shall continue membership in the defined benefit plan at the benefit level in which such membership account exists. States that an eligible employee who commences employment on or after January 1, 2006, who does not have an existing member account, and who elects to transfer into the defined benefit plan from the defined contribution plan, shall participate in the defined benefit plan at the benefit level existing when the employee begins participation in the defined benefit plan.
Provides a time limitation for employees to bring actions based on their election or failure to elect between the defined contribution plans and the defined benefit plan.
For employees hired on or after January 1, 2008, expands the definition of an eligible employee for the PERA defined contribution plan and the state defined contribution plan to include employees of higher education institutions. Expands the election between the PERA defined benefit plan, PERA defined contribution plan, and state defined contribution plan to employees of higher educational institutions.
APPROVED by Governor
May 25, 2006
PORTIONS EFFECTIVE
May 25, 2006
PORTIONS EFFECTIVE
January 1, 2007
PORTIONS EFFECTIVE
January 1, 2008
S.B. 06-237 Interoperable communications plans - department of local affairs - all-hazards emergency management regions. Directs the executive director of the department of local affairs (executive director) to adopt a tactical and long-term interoperable communications plan by March 1, 2007, to improve the ability of the public safety agencies of state government to communicate with public safety agencies of the federal government, all-hazards emergency management regions (region), local governments, and other states. Specifies the required elements of the plan.
Requires each region to adopt and submit to the executive director by November 1, 2006, a tactical and long-term interoperable communications plan to improve communications among public safety agencies within the region and with public safety agencies of other regions, the state and federal governments, and other states. Requires each local government agency or private entity that operates a public safety radio system to collaborate in the development of the regional plan. States that a region that fails to submit an interoperable communications plan by November 1, 2006, or a local government agency that fails to collaborate in the development of the regional plan shall be ineligible to receive homeland security or public safety grant moneys administered by the department of local affairs, department of public safety, or department of public health and environment until the region submits an interoperable communications plan to the executive director.
States that a public safety agency shall not spend moneys received through the department of local affairs on a mobile data communications system unless the system is capable of interoperable communications.
Prohibits the executive director from requiring a public safety agency to acquire the communications equipment of a particular manufacturer or provider as a condition of awarding a grant.
States that a public safety agency or its employee acting in collaboration with another agency or person to create and operate an interoperable communications system shall have the same degree of immunity under the "Colorado Governmental Immunity Act" as the agency or employee would have if not acting in collaboration with another agency or person.
APPROVED by Governor
June 1, 2006
EFFECTIVE June 1,
2006
H.B. 06-1010 Consent for government procurement rules of an international trade agreement. Prohibits state officials from binding the state to the government procurement rules of an international trade agreement or giving consent to the federal government to bind the state to the government procurement rules of an international trade agreement, with one exception. Permits the governor to bind the state or give consent to the federal government to bind the state to the government procurement rules of an international trade agreement if the general assembly enacts legislation that explicitly authorizes the governor to do so. Declares that any prior consent that a state official has given for the state to be bound by the government procurement rules of any international trade agreement is invalid and nonbinding.
VETOED by Governor April 11, 2006
H.B. 06-1017 Colorado economic development commission - performance based incentives - new job creation - new jobs incentives cash fund. Allows a performance-based incentive (incentive) to any employer that creates a certain number of new full-time jobs in the state as a result of opening a new business or relocating or expanding an existing business. States that an employer in a rural area that creates at least 5 new jobs within one month shall qualify for an incentive for every new job created, and that an employer in an urban area that creates at least 10 new jobs within one month shall qualify for an incentive for every new job created. Specifies that the amount of the incentive is as follows:
● If the average wage for all new jobs created by the employer for which the incentive is claimed is 110% or more but less than 115% of the average wage in the county in which the new jobs are created, allows the employer an incentive in the amount of $1,000 for every new job created;
● If the average wage for all new jobs created by the employer for which the incentive is claimed is 115% or more but less than 120% of the average wage in the county in which the new jobs are created, allows the employer an incentive in the amount of $1,250 for every new job created; and
● If the average wage for all new jobs created by the employer for which the incentive is claimed is 120% or more of the average wage in the county in which the new jobs are created, allows the employer an incentive in the amount of $1,500 for every new job created.
Specifies that a full-time job created by an employer shall be in addition to the average number of full-time jobs that the employer provided in the state during the 3 years preceding the creation of such new job in order for the employer to be allowed to claim the incentive for creating the new job.
Requires the employer to maintain all of the new jobs for at least one year in order to be eligible to claim the incentive. Specifies that an employer shall be allowed to include a new job in the total count of new jobs created one time.
Specifies that in order for an employer to claim an incentive for new jobs created, the employer shall submit an incentive application to the economic development commission (commission). Directs the commission to create the application form, and specifies the information that shall be included in the application.
Requires the commission to review each application submitted and to determine the amount of the incentive due to each employer that submitted an application. Directs the commission to issue an incentive payment to every employer who is eligible to receive an incentive.
Directs the commission to develop procedures for the administration of the incentive program, including establishing deadlines for employers to claim incentives and for the commission to issue the incentive payment. In addition, directs the commission to develop procedures for any employer that claims an incentive to determine the number of new jobs created and to verify that the average wage for the new jobs is the applicable percentage above the average wage in the county in which the new jobs are created.
Requires the commission to report specified information regarding the incentives to the business affairs and labor committee of the house of representatives and the business affairs, labor, and technology committee of the senate on or before March 1, 2007, and on or before March 1 of each year thereafter.
Limits the total amount of incentives that the commission may issue in a year to the amount appropriated to the commission to be used for the purposes of the incentives. States that if the commission receives applications for incentives that exceed the amount appropriated, the commission shall issue incentives to applicants in the order in which the commission received the applications.
States that the commission shall not allow an employer that has been approved to receive an economic development incentive for the creation of new jobs to receive an incentive for the same jobs for which the previous economic development incentive was approved.
Requires that of the total amount appropriated by the general assembly to the commission for the purposes of providing incentives, 15% shall be used by the commission to award incentives to employers who open a new business or expand or relocate an existing business and create new jobs in an enterprise zone that is not within the Denver metro area.
Creates the new jobs incentives cash fund (fund) in the state treasury and specifies that the fund shall consist of moneys annually transferred into the fund from the limited gaming fund.
Extends the repeal of the economic development commission to July 1, 2017.
States that the performance-based incentive shall only take effect if House Bill 06-1201 becomes law.
APPROVED by Governor
June 5, 2006
EFFECTIVE June 5,
2006
NOTE: House Bill
06-1201 was signed by the governor June 5, 2006.
H.B. 06-1018 Sales and use tax receipts - older Coloradans cash fund. In all future state fiscal years, increases the funding from the state sales and use tax receipts to the older Coloradans cash fund from $2 million to $3 million.
APPROVED by Governor
May 17, 2006
EFFECTIVE July 1,
2006
H.B. 06-1033 General fund surplus - manner and timing of crediting and allocation. For the 2006-07 state fiscal year and for each succeeding state fiscal year, instead of requiring the state controller to credit and allocate state general fund surplus for the preceding state fiscal year to the highway users tax fund and the capital construction fund as required by current law on July 1 of the state fiscal year, requires the controller to:
● Credit and allocate amounts estimated by the state controller to equal 90% of the amounts required to be credited and allocated on September 20 of the state fiscal year; and
● Credit and allocate the remainder of the amounts required to be credited and allocated for the state fiscal year on the date on which the state controller distributes the state's comprehensive annual financial report.
APPROVED by Governor
March 27, 2006
EFFECTIVE March 27,
2006
H.B. 06-1041 Administrative procedure - rules - continuation of cost-benefit analysis under sunset law. Requires the agency filing notice of proposed rule-making to submit to the executive director of the department of regulatory agencies a plain language statement concerning the subject matter or purpose of the proposed rule or amendment.
Extends the automatic termination date of the requirements and procedures regarding preparation of a cost-benefit analysis of proposed rules that may be requested by the executive director of the department of regulatory agencies to July 1, 2013, pursuant to the provisions of the sunset law.
APPROVED by Governor
March 31, 2006
EFFECTIVE March 31,
2006
H.B. 06-1061 Retaliation for disclosure of information - complaints by state employees - procedure. Eliminates the requirement that the state personnel director conduct an investigation of a complaint filed by a state employee alleging retaliation for disclosure of information to determine whether there is a reasonable basis for the allegation before the state personnel board (board) may hold a hearing on the matter.
Directs the board to review an allegation of retaliation in accordance with uniform grievance procedures or to hold a hearing on the matter. Reduces the time in which an employee may file a written complaint alleging retaliation by a state agency from 30 to 10 days after the employee knew or should have known of a disciplinary action. Increases the time by which the hearing must commence from 45 to 90 days after the board receives the agency's written response. Reduces the time for which the hearing may be continued for good cause from 45 to 30 days. Increases the time by which the board shall order appropriate relief from 30 to 45 days after the hearing.
APPROVED by Governor
March 27, 2006
EFFECTIVE August 7,
2006
NOTE: This act was
passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 06-1081 Open records - election records - elector information - prohibition on inspection. Prohibits a designated election official from allowing a person, other than the person in interest, to inspect the election records of any person that contain the original signature, social security number, month of birth, day of the month of birth, or identification of that person, including electronic, digital, or scanned images of that information.
Specifies that the prohibition does not apply to:
● Election records made available to any law enforcement agency or district attorney of this state in connection with the investigation or prosecution of an election offense;
● Election records made available to election employees or judges that are necessary for them to carry out the duties and responsibilities connected with the conduct of any election; and
● Voter registration lists prepared by a designated election official and made available for distribution or sale to or inspection by any person.
APPROVED by Governor
March 17, 2006
EFFECTIVE March 17,
2006
H.B. 06-1085 Building regulation fund - permitted uses - appropriation. Expands the purposes for which moneys in the building regulation fund may be expended by specifying that moneys in the fund may be expended:
● To provide education and training to manufacturers, dealers, installers, building department employees, elected officials, and, as appropriate, other persons affected by the mobile, manufactured, and factory-built structures industry regarding the building codes and state program requirements applicable to mobile, manufactured, and factory-built structures within the state;
● To provide consumer training throughout the state that will help a consumer to make informed decisions when purchasing or considering the purchase of a mobile home, manufactured home, or factory-built structure; and
● To provide education and grants that will help manufacturers, dealers, installers, owners, and, as appropriate, other parties affected by the mobile, manufactured, and factory-built structures industry address safety issues that affect existing factory-built residential structures.
Appropriates $311,302 and 1.1 FTE from the building regulation fund to the department of local affairs for the implementation of the act. Further appropriates $2,578 of said appropriation to the department of law for the provision of legal services to the department of local affairs related to the implementation of the act.
APPROVED by Governor
June 1, 2006
EFFECTIVE August 7,
2006
NOTE: This act was
passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 06-1095 State governmental bodies - preference for purchase of environmentally preferable products. In connection with the purchase of services or supplies, requires a governmental body to award the contract to a bidder who is able to offer environmentally preferable products subject to the conditions specified in the act.
Specifies that the preference created in the act shall apply only if all of the following conditions are met:
● The quality of the environmentally preferable products meets the specification of the bidder.
● The environmentally preferable products are suitable for the use required by the purchasing entity.
● Any bidder able to offer environmentally preferable products is able to supply such products in sufficient quantity, as indicated in the invitation for bids.
● The bid or quoted price for environmentally preferable products does not exceed the lowest bid or quoted price for products that are not environmentally preferable, or the bid or quoted price for environmentally preferable products exceeds the lowest bid or quoted price for products that are not environmentally preferable by not more than 5%.
● The head of the governmental body or other official charged by law with the duty to purchase products has made a determination that the governmental body is able to purchase the environmentally preferable products out of the governmental body's existing budget without any further supplemental or additional appropriation.
● Selecting an environmentally preferable product would not be disadvantageous to the state.
If the bid or quoted price for environmentally preferable products exceeds the bid or quoted price for products that are not environmentally preferable by more than 5%, authorizes a governmental body to award the contract to a bidder who offers environmentally preferable products where the governmental body demonstrates, on the basis of a life-cycle cost analysis, that long-term savings to the state will result from environmentally preferable purchasing in accordance with the requirements of the act. Specifies that nothing in the act shall require that a governmental body perform a life-cycle cost analysis in connection with the purchase of any products.
Requires any bidder that seeks to qualify for the preference created by the act to provide documentation to the governmental body inviting the bid that the products offered by the bidder are environmentally preferable. Specifies how the documentation requirement may be satisfied. Permits the governmental body to rely in good faith on any form of documentation that satisfies the requirement of the act. Specifies that, if none of the forms of documentation specified in the act apply to the product or service being purchased, the requirements of the act shall not apply to the purchase of the product or service.
Requires a governmental body to report to the joint budget committee the results of any life-cycle cost analysis used to justify the purchase of any environmentally preferable products in accordance with the requirements of the act during the previous fiscal year.
VETOED by Governor April 24, 2006
H.B. 06-1149 Professional lobbyists - required disclosure of additional information under sunshine act - appropriation. Expands existing statutory requirements pertaining to lobbyist disclosure to require that disclosure statements filed by professional lobbyists contain the following:
● In the case of specific legislation, during a regular or special session of the general assembly, the bill number of the legislation for which the lobbyist is receiving contributions or making expenditures for lobbying, and whether the disclosing person's principal is supporting, opposing, amending, or monitoring the legislation identified as of the time a disclosure statement is required to be filed after the lobbyist is retained to advocate or monitor in connection with the legislation. Requires the disclosure statement to specify that the lobbyist's representation is accurate as of the date of disclosure only and that such representation is not binding on the lobbyist after that date and is subject to change subsequent to that date and prior to the time the next disclosure statement is due. If a disclosure statement from a lobbyist during a regular or special session of the general assembly fails to show any bill numbers or nature of the legislation, as applicable, requires the lobbyist to make an affirmative statement that he or she was not retained in connection with any legislation.
● If the lobbyist's principal is an individual, the name and address of the individual and a description of the business activity in which the individual is engaged. If the lobbyist's principal is a business entity, a description of the business entity in which the principal is engaged and the name or names of the entity's chief executive officer or partners, as applicable. If the lobbyist's principal is an industry, trade, organization or group of persons, or professional association, a description of the industry, trade, organization or group of persons, or profession that the lobbyist represents.
● A statement detailing any direct business association of the lobbyist in any pending legislation, measure, or question. For purposes of the act, defines "direct business association" to mean that, in connection with a pending bill, measure, or question, the passage or failure of the bill, measure, or question will result in the lobbyist deriving a direct financial or pecuniary benefit that is greater than any such benefit derived by or shared by other persons in the lobbyist's profession, occupation, or industry. Specifies that a lobbyist shall not be deemed to have a direct personal relationship in a pending bill, measure, or question where that interest arises from a bill, measure, or question that affects the entire membership of a class to which the lobbyist belongs.
Appropriates $36,400 to the department of state for the implementation of the act.
APPROVED by Governor
June 7, 2006
EFFECTIVE June 7,
2006
H.B. 06-1157 Information security - chief information security officer - public agencies - information security plans - deadlines for submittal and implementation - security incident reporting - discontinuation or suspension of agency operations - institutions of higher education - information security plans. Provides for oversight of information security in public agencies and institutions of higher education as follows:
Public agencies:
Requires the appointment by the governor of a chief information security officer (CISO) to administer information security in public agencies, which is defined to include any executive, legislative, or judicial department, division, commission, board, bureau, or institution other than the department of higher education and institutions of higher education. Specifies the duties and responsibilities of the CISO, including:
● To develop and update information security policies, standards, and guidelines for public agencies;
● To promulgate rules containing information security policies, standards, and guidelines for public agencies by a specified date;
● To ensure the incorporation of and compliance with those information security policies, standards, and guidelines in the public agency's information security plan;
● To direct information security audits and assessments in public agencies;
● To establish and direct a risk management process to identify information security risks in public agencies and deploy risk mitigation strategies, processes, and procedures;
● To approve or disapprove and review annually the information security plans of public agencies;
● To conduct information security awareness and training programs;
● In coordination and consultation with the office of state planning and budgeting and the chief technology officer, to review public agency budget requests related to information security systems and to approve such budget requests for public agencies other than the legislative department; and
● To coordinate with the Colorado commission on higher education (CCHE) for purposes of reviewing and commenting on information security plans of institutions of higher education.
Specifies that for the state fiscal year commencing on July 1, 2006, the cost of the services provided by the CISO to public agencies be paid from federal funds received by the state for that purpose. Expresses the intent of the general assembly that the cost of these services be adequately funded in future fiscal years through an appropriation to each public agency to pay for those services.
Requires public agencies to develop an information security plan and submit the plan to the CISO by July 15, 2007. Specifies certain components the plan must include. In the event a public agency fails to submit a plan by that date or the plan is disapproved, requires the CISO to notify the governor and the head and chief information officer of the public agency. Authorizes the CISO to temporarily discontinue or suspend the operation of an agency's communication and information resources if no plan has been approved by September 15, 2007. Allows a public agency to phase in the plan over a 3-year period. Directs public agencies to report annually to the CISO on the agency's implementation of the information security plan.
Requires public agencies to report a security incident to the CISO. Authorizes the CISO to temporarily discontinue or suspend the operation of the public agency's communication and information resources. Requires the CISO to give notice to the governor, or the lieutenant governor in the event the governor is not available, and the head and chief information officer of the public agency concurrent with such discontinuation or suspension of operations. Gives the CISO authority to enter into contracts with private persons and entities to assist with resolving a security incident in a public agency. Requires the CISO to establish an approved list of persons and entities selected by the CISO through a request for proposals. Directs public agencies to comply and cooperate with a directive of the CISO to temporarily discontinue or suspend the operation of the agency's communication and information resources.
Excludes information security plans, information security incident reports, and information security audit and assessment reports from public inspection under the open records law.
Institutions of higher education:
Requires each institution of higher education, on or before July 1, 2007, in coordination with CCHE, to develop an information security plan that provides information security for the communication and information resources that support the operations and assets of the institution of higher education. Requires the information security plan to include:
● Periodic assessments of the risk and magnitude of the harm that could result from a security incident;
● A process for providing adequate information security for the communication and information resources of the institution of higher education;
● Information security awareness training for employees of the institution of higher education;
● Periodic testing and evaluation of the effectiveness of information security for the institution of higher education, which shall be performed not less than annually;
● A process for detecting, reporting, and responding to security incidents consistent with the information security policy of the institution of higher education and the terms and conditions by which institutions of higher education and the department of higher education shall report information security incidents to the chief information security officer; and
● Plans and procedures to ensure the continuity of operations for information resources that support the operations and assets of the institution of higher education in the event of a security incident.
Requires each institution of higher education, on or before July 15, 2007, to submit the information security plan to CCHE for review and comment and CCHE to submit the plans to the chief information security officer. Allows an information security plan to provide for a phase-in period not to exceed 3 years and for the completion of any phase-in by July 1, 2009.
Directs CCHE to require institutions of higher education to provide regularized security awareness training to inform the employees, administrators, and users about the information security risks and the responsibility of employees, administrators, and users to comply with the institution's information security plan and the policies, standards, and procedures designed to reduce those risks.
Requires quarterly reporting by the CISO to the governor and the commission on information management on the implementation of information security measures required by the act.
APPROVED by Governor
June 6, 2006
EFFECTIVE June 6,
2006
H.B. 06-1158 School and junior college buildings - plan reviews and inspections - building and fire codes - division of oil and public safety - division of fire safety. Directs the division of oil and public safety in the department of labor and employment (division) to conduct the necessary plan reviews and inspections of public school and junior college buildings and structures for compliance with the division's building and fire codes or delegate this responsibility to an appropriate local building or fire department at the request of the affected board of education, the state charter school institute, or the charter school.
Directs the division to cause copies of school building plans to be sent to the appropriate fire department for review of fire safety issues. Requires the fire department to review the building plans, determine whether the building or structure is in compliance with the fire code, and respond to the division within 10 business days. Allows the fire department to request an extension of this deadline due to the complexity of the building plans. Directs the division of fire safety in the office of preparedness, security, and fire safety in the department of public safety (division of fire safety) to perform the plan review or inspection if the fire department declines or if no certified fire inspector is available.
Directs the division or the building department to issue a certificate of occupancy for a school or junior college building or structure if the building or structure is in conformity with the building and fire codes and if the affected fire department certifies that the building or structure is in compliance with the fire code. Allows a fee to be charged for plan reviews and inspections in an amount determined by the division on the basis of the direct cost of providing the service. Directs the division to charge a fee not to exceed $200 if the division conducts the inspection. Directs the division to charge a fee for plan review and issuance of a construction permit in an amount that covers the division's expenses.
Requires inspectors for plan review and construction inspections to be certified by the international code council, the national fire protection association, or another similar national organization or to have equivalent qualifications.
Directs the inspecting entity to cooperate with the school district, the state charter school institute, or the junior college board.
Creates the board of appeals in the division to hear disputes involving the interpretation of the division's codes or standards. Grants a school board, the state charter school institute, a charter school, or a junior college board the right to appeal a final written decision of the entity conducting a plan review or inspection.
Authorizes the appropriate fire department or the division of fire safety to inspect the buildings and structures of a school district, institute charter school, charter school, or junior college as necessary to ensure compliance with the division's fire code and standards. States that if a local fire department does not perform such inspections, the division shall have the authority and duty to conduct the inspections.
Directs the director of the division of fire safety to:
● Supervise the employees of the division of fire safety;
● Adopt rules and nationally recognized standards necessary to perform the functions of the division of fire safety; and
● Adopt by rule a fire code identical to or modeled on the international fire code.
Directs the division to certify fire inspectors. Specifies that a person certified as a fire inspector must:
● Apply to the division of fire safety for certification;
● Pay a certification fee;
● Be at least 18 years of age;
● Pass the fire code certification examination, be certified by the international code council, or demonstrate equivalent qualifications.
Appropriates $72,647 and 1.0 FTE from the public safety inspection fund to the department of labor and employment, for allocation to the division. Appropriates $55,645 and 1.0 FTE to the department of public safety, for allocation to the division of fire safety, of which $49,020 shall be from the public safety inspection fund and $6,625 shall be from the firefighter and first responder certification fund.
APPROVED by Governor
June 1, 2006
EFFECTIVE July 1,
2006
H.B. 06-1189 Governmental immunity - tort claims - assignment and subrogation claims not separate from direct claim for purposes of damages limitation. Clarifies that tort claims brought against public entities and public employees are subject to the damages limitations of the "Colorado Governmental Immunity Act" regardless of whether a claim is brought directly by an injured party or indirectly by an assignee or subrogee of the injured party. Clarifies that an assignment or subrogation concerning an injury governed by the "Colorado Governmental Immunity Act" is not a separate occurrence with regard to limitations on judgments recovered against public entities or public employees.
APPROVED by Governor
April 18, 2006
EFFECTIVE April 18,
2006
H.B. 06-1195 State personnel system - job evaluation and compensation. Modifies the required length of suspension from work for a state-employed supervisor who fails to annually evaluate subordinate employees in the state personnel system from not less than one workweek to not less than one workday.
APPROVED by Governor
March 31, 2006
EFFECTIVE August 7,
2006
NOTE: This act was
passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 06-1200 Operational account of the severance tax trust fund - energy-related assistance to low-income households - appropriation. Requires a portion of the operational account of the severance tax trust fund to be used for the purpose of providing energy-related assistance to low-income households through direct bill payment assistance and home energy efficiency improvements. Establishes that the moneys for providing direct bill payment assistance will be appropriated to the department of human services for the purpose of increasing available moneys under the low-income energy assistance program and to the office of the governor to be distributed to energy outreach Colorado for it to provide direct bill payment assistance when the department of human services is not accepting client applications for the low-income energy assistance program. Establishes that moneys for providing home energy efficiency improvements will be appropriated to the office of the governor for the office of energy management and conservation.
Appropriates a total of $24,000,000 for the foregoing purposes for the 2005-06 fiscal year and a total of $11,000,000 for the 2006-07 fiscal year. Requires a total of $12,000,000 to be initially appropriated for the 2007-08 fiscal year and a total of $13,000,000 for the 2008-09 fiscal year. Requires that the end balance of the operational account of the severance tax trust fund to be at least as much as is to be appropriated pursuant to this bill in the next fiscal year.
APPROVED by Governor
February 3, 2006
EFFECTIVE February
3, 2006
H.B. 06-1256 State personnel system - total compensation - clarification of procedures.Clarifies the procedure for ensuring that state employees do not receive the recommended changes in employee salaries in the annual compensation recommendations for changes to salaries and any adjustments to the recommendations that were made by the general assembly in the annual general appropriation act for the 2003-04 state fiscal year.
For purposes of the state employees group benefit plans, specifies that:
● A child is a dependent through the end of the month in which the child turns 19 years of age;
● An unmarried child who is between 19 and 24 years of age and who is a full-time student in an educational or vocational institution is a dependent through the end of the month in which the child is no longer a full-time student; and
● Any person authorized by the director of the department of personnel to be a dependent in response to statutory changes made to mandated coverage for group benefits insurance is a dependent.
Specifies that state employees who are members of the public employees' retirement association (PERA) who are eligible to elect to become members of the public officials' and employees' defined contribution plan, and state employees who are members of the public officials' and employees' defined contribution plan who are eligible to elect to become members of PERA, shall make the election during the annual open enrollment period for the state employees group benefit plans.
APPROVED by Governor
April 24, 2006
EFFECTIVE July 1,
2006
H.B. 06-1306 Statewide audit - secure and verifiable documents. On or before July 1, 2008, requires the state auditor or a contractor to study the implementation of the "Secure and Verifiable Identity Document Act", including an examination of whether a birth certificate should qualify as a secure and verifiable document. Beginning in 2007, requires the state auditor to prepare an annual executive summary of compliance with the requirements of the "Secure and Verifiable Identity Document Act" based upon audits conducted during the year.
APPROVED by Governor
May 30, 2006
EFFECTIVE August 7,
2006
NOTE: This act was
passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 06-1310 Tobacco settlement moneys - state auditor review funding - transfers to programs - appropriations. Bases the appropriation to the state auditor's office for review of programs that receive tobacco settlement moneys ("tobacco programs") on the amount of tobacco settlement moneys received in the preceding calendar year, rather than the preceding fiscal year. Specifies that only those tobacco programs that receive an appropriation equal to a percentage of the tobacco settlement moneys will have their appropriations reduced to fund the state auditor's review of tobacco programs.
For specific tobacco programs, instructs the state treasurer to transfer the specific amount of tobacco settlement moneys to the tobacco program's fund, instead of requiring an appropriation of said amount to the tobacco program's fund.
Clarifies that the moneys transferred at the end of each fiscal year from the tobacco settlement cash fund to the state general fund shall not include any moneys required for transfers to tobacco programs in the following fiscal year.
Adjusts the appropriations made to tobacco programs in the 2006-07 long bill to reflect the changes in calculating the appropriation to the state auditor.
APPROVED by Governor
May 25, 2006
EFFECTIVE May 25,
2006
H.B. 06-1312 Information letters and private letter rulings - taxpayer requests to the executive director of the department of revenue - rulemaking - deadlines for issuance or declination of letter or ruling - availability to public - fees - sunset - appropriation. Authorizes the executive director of the department of revenue (executive director), or the executive director's designee, to issue information letters and private letter rulings to taxpayers. Requires the executive director to promulgate rules establishing the process for issuing the letters or rulings, including but not limited to rules that specify:
● The procedure, form, and time for submitting a request for a private letter ruling;
● The terms and conditions under which a private letter ruling binds the department of revenue;
● Limitations on the applicability of an information letter or a private letter ruling; and
● When a request for an information letter or a private letter ruling may be declined by the executive director.
Requires the executive director to issue private letter rulings within 90 days after a taxpayer's request for a ruling or notify the taxpayer within 30 days after the request for a ruling if the request is declined.
Specifies that the issuance, modification, or revocation of an information letter or a private letter ruling shall not constitute a tax policy change for TABOR purposes.
Requires the executive director to redact information from an information letter or private letter ruling in order to ensure the confidentiality of the taxpayer or other persons, transactions, factual circumstances, or time periods that are the subject of the letter or ruling and make public the balance of the letter or ruling. Authorizes the executive director to withhold the letter or ruling from the public based upon a determination that information cannot be redacted in a manner that maintains that confidentiality. Makes such a determination subject to review by a court of competent jurisdiction.
Directs the executive director to promulgate rules establishing reasonable fees for the direct and indirect costs of the administration of the act.
Repeals the act on July 1, 2011. Specifies that, prior to the repeal, the information letter and private letter ruling function of the executive director shall be subject to the sunset review process.
Appropriates $72,000 and 1.0 FTE to the department of revenue for allocation to the taxation business group for the implementation of the act.
APPROVED by Governor
June 1, 2006
EFFECTIVE June 1,
2006
H.B. 06-1320 Colorado lottery - promotional drawings. Allows the director of the state lottery division to promote the lottery by establishing promotional drawings. Specifies that promotional drawings are not subject to regulation and are not to be deemed a lottery or game of chance.
Defines a "promotional drawing" as a prize promotion involving the conduct of giveaways through the use of free chances, including the use of nonwinning tickets from existing or prior games, for purposes of commercial advertisement of the lottery, the creation of goodwill, the promotion of new lottery products, or the collection of names.
APPROVED by Governor
March 31, 2006
EFFECTIVE March 31,
2006
H.B. 06-1321 Sunrise review process - application deadline. Shortens the time between application for a sunrise review and completion of the sunrise review report by the department of regulatory agencies by moving the deadline for application from July 1 to December 1.
Makes the act apply to proposals submitted on or after July 1, 2006, to the department of regulatory agencies to regulate unregulated professional or occupational groups.
APPROVED by Governor
March 31, 2006
EFFECTIVE July 1,
2006
H.B. 06-1328 Tobacco litigation settlement moneys - review of use. To comply with provisions of existing law that required the joint budget committee and the health and human services committees of the general assembly (joint committees) to meet jointly to review the use of tobacco litigation settlement moneys on or before January 30, 2006, and that further require the joint committees to submit a legislative recommendation specifying the date by which the joint committees shall again review the use of settlement moneys, specifies that the joint committees shall again review the use of settlement moneys on or before January 30, 2009.
APPROVED by Governor
March 31, 2006
EFFECTIVE August 7,
2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.
H.B. 06-1343 Public contract for services - illegal aliens - required provisions - damages for breach - department of labor investigations. Prohibits a state agency or a political subdivision from entering into or renewing a public contract for services with a contractor who knowingly employs or contracts with an illegal alien to perform work under the contract or who knowingly contracts with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. Requires a prospective contractor to certify that it does not knowingly employ or contract with an illegal alien and that the contractor has participated or attempted to participate in the federal basic pilot employment verification program (basic pilot program) in order to verify that it does not employ any illegal aliens.
Establishes specific provisions that must be in each public contract for services related to illegal aliens performing work under the contract, participation in the basic pilot program, and investigations by the department of labor and employment. Establishes damages for a breach of one of these contractual provisions that leads to the termination of the public contract for services, which include actual and consequential damages and inclusion of the contractor on a public list maintained by the office of the secretary of state.
Permits the department of labor and employment to investigate whether a contractor is complying with the provisions of a public contract for services relating to illegal aliens.
APPROVED by Governor
June 6, 2006
EFFECTIVE August 7,
2006
NOTE: This act was
passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 06-1347 Identity theft and financial fraud deterrence board - Colorado fraud investigators unit - statewide resource - fund - sunset review - appropriation. Creates in the department of public safety ("department") the identity theft and financial fraud deterrence board ("board") and the Colorado fraud investigators unit ("unit") to provide statewide support to law enforcement agencies in addressing identity theft and financial fraud crimes. Directs the board to make policy decisions for the unit. Directs the unit to assist in the investigation and prosecution of identity theft and financial fraud crimes. Specifies the membership of the board.
Creates the unit in the Colorado bureau of investigation in the department. Requires the unit to provide the board with a comprehensive plan for addressing issues concerning identity theft and financial fraud crime, and requires the board to approve the plan. Directs the unit to provide the board with quarterly performance reports. Requires the board to report by May 1, 2009, to the judiciary committees on the implementation and success of the unit.
Creates the Colorado identity theft and financial fraud cash fund to be funded by surcharges on uniform commercial code filings, lender licenses, and money transmitter licenses.
Repeals the act on July 1, 2011. Subjects the board and the unit to the sunset review process.
Appropriates $378,435 and 3.5 FTE to the department for the implementation of the act.
APPROVED by Governor
May 30, 2006
EFFECTIVE May 30,
2006
H.B. 06-1357 Open records - marriage license applications - prohibition on inspection - exceptions. Prohibits a custodian of records from allowing a person, other than the person in interest, to inspect the application for a marriage license of any person. Includes an immediate family member of either party to the marriage license application as a person in interest. Defines an "immediate family member" as a person related by blood, marriage, or adoption.
Specifies that the prohibition on inspection of marriage license applications does not apply to records of marriage licenses and marriage certificates.
Requires that a record of a marriage license application be made available for public inspection 50 years after the date the record was created. Authorizes a district court in its discretion to order the custodian of records to permit the inspection of a marriage license application record upon application by any person and good cause shown.
APPROVED by Governor
April 24, 2006
EFFECTIVE April 24,
2006
H.B. 06-1362 Colorado economic development commission - performance based incentives - film production in Colorado - film incentives cash fund. Allows any film production company (company) that produces a film in the state and that spends at least 75% of its production and payroll expenditures in the state to claim a performance-based film production incentive (incentive) in an amount as follows:
● For a company that originates the film production activities in the state, an amount equal to 10% of the company's qualified local expenditures and qualified payroll expenditures in the state if the total of such expenditures equals or exceeds $100,000; and
● For a company that does not originate the film production activities in the state, an amount equal to 10% of the total amount of the company's qualified local expenditures and qualified payroll expenditures if the total of such expenditures equals or exceeds $1,000,000.
Requires a company to apply to the Colorado economic development commission (commission) prior to beginning production activities in the state in order to claim an incentive. States that the company's application shall include the company's statement of intent to produce a film for which the company will qualify for the incentive.
Directs the commission to review each application submitted by a company before the company begins work in the state and to make an initial determination of whether the company will be eligible to receive an incentive. States that the commission shall grant conditional approval to every company that, based on the information provided by the company, will be eligible to claim an incentive.
Upon completion of film production activities in the state, requires a company that received conditional approval to receive an incentive to submit financial documents to the commission that detail the expenses incurred in producing the film in the state. Specifies that the company shall also submit an affidavit stating that the details of the expenditures are accurate. If the amount of the company's actual qualified local expenditures and qualified payroll expenditures allows the company to qualify for the incentive, requires the commission to issue an incentive to the company.
Creates the film incentives cash fund (fund) in the state treasury and specifies that the fund shall consist of moneys annually transferred into the fund from the limited gaming fund. States that the general assembly shall annually appropriate moneys in the fund to the commission to be used for the purpose of providing incentives. Allows the commission to withhold up to 2.5% of the total amount appropriated to the commission for purposes of the administrative costs of the incentive program.
States that the total amount of incentives that the commission issues in any fiscal year shall not exceed the amount appropriated to the commission for the purposes of awarding the incentives in the applicable fiscal year. If the commission receives applications for incentives that exceed the amount appropriated by the general assembly for the fiscal year, requires the commission to issue incentives to companies in the order in which the commission received applications until the amount appropriated has been expended.
Directs the commission to establish application guidelines and other procedures for the purposes of awarding the incentives. Directs the commission to include certain data regarding the incentives in an annual report to the general assembly.
Extends the repeal of the commission to July 1, 2017.
States that the performance-based film production incentive shall only take effect if House Bill 06-1201 becomes law.
APPROVED by Governor
June 5, 2006
EFFECTIVE June 5,
2006
NOTE: House Bill
06-1201 was signed by the governor June 5, 2006.
H.B. 06-1373 Colorado mental health institute at Pueblo - construction - appropriation.Authorizes the executive director of the department of human services ("executive director") to enter into contracts for the completion of the design and the construction of an institute for forensic psychiatry and auxiliary facilities at the mental health institute in Pueblo. Repeals the authority of the executive director to enter into a lease for the institute and auxiliary facilities.
Transfers moneys to the capital construction fund for fiscal years 2006-07 and 2007-08 to pay for the institute and auxiliary facilities.
Appropriates $35,000,000 to the department of human services for implementation of the act, and specifies that $20,000,000 of the appropriation shall remain available for use for up to 3 years.
APPROVED by Governor
March 31, 2006
EFFECTIVE March 31,
2006
H.B. 06-1386 Capital construction fund transfers. Transfers $46,944,687 from the general fund to the capital construction fund for the 2006-07 fiscal year. Transfers moneys from the general fund exempt account to the capital construction fund in the amounts of $10,000,000 for the 2005-06 fiscal year and $15,000,000 for the 2006-07 fiscal year.
APPROVED by Governor
June 1, 2006
EFFECTIVE June 1,
2006
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