S.B. 07-25 Employment nondiscrimination protections - sexual orientation - religion - exceptions - appropriation. Adds sexual orientation and religion to the list of characteristics or traits 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 consistently-applied dress code. Exempts from the act a religious corporation, association, educational institution, or society with respect to the employment of individuals or a particular religion to perform work connected with such entity's activities.
Appropriates $33,885 from the general fund to the executive director's office in the department of regulatory agencies for legal services related to the implementation of the act, and further appropriates said $33,885 to the department of law for the provision of legal services to the department of regulatory agencies. Makes a corresponding reduction in the appropriation to the controlled maintenance trust fund.
Makes the act applicable to discriminatory or unfair employment practices occurring on or after the effective date of the act.
APPROVED by Governor May 25, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest
S.B. 07-45 Public records - fees for providing copies. Authorizes custodians of certain public records, including county clerk and recorders, to charge a fee for copies of the records in an amount not to exceed 25¢ per standard page or the actual cost of copies provided in a form other than on a standard page; except that:
● The executive director of the department of personnel may continue to charge fees reflecting the direct and indirect costs of responding to requests for public records of which the executive director is the custodian; and
● Institutions of higher education may charge reasonable fees for certified copies of student transcripts.
APPROVED by Governor April 19, 2007
EFFECTIVE April 19, 2007
S.B. 07-51 State-assisted facilities - energy efficiency - standards. Requires the state architect to adopt a high performance standard certification program for state-assisted facilities of 5,000 or more square feet that are at least 25% financed with state funds or funds guaranteed or insured by a state agency or department. Requires the substantial renovation, design, or construction of such facilities to achieve the highest performance certification attainable. Deems a certification level to be attainable if the increased initial costs of achieving the certified performance level can be recouped from decreased operational costs within 15 years. Specifies exemptions. Requires the department of personnel and administration to annually report to the general assembly regarding the implementation of the high performance standard certification program.
APPROVED by Governor April 16, 2007
EFFECTIVE September 1, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
S.B. 07-76 Legislative appointees - boards and commissions - other governmental bodies - 2-year term. Makes changes in the process used by legislative leadership to appoint members of the general assembly to certain statutorily created boards, commissions, committees, councils, panels, or authorities. Provides that the appointments shall uniformly occur every 2 years at the commencement of the first regular session of a general assembly, thereby providing 2-year terms to all such members. Specifies that the terms of persons appointed to the following statutorily created boards, commissions, committees, councils, panels, or authorities by the speaker of the house of representatives, the president of the senate, the senate majority leader, or a minority leader shall be extended to and expire on or shall terminate on the convening date of the first regular session of the 67th general assembly; that appointments or reappointments shall be made as soon as practicable after that convening date; and that, thereafter, the terms of members appointed by legislative leadership shall expire on the convening date of the first regular session of each general assembly and all subsequent appointments and reappointments by leadership shall be made as soon as practicable after the convening date:
● Colorado state officials' compensation commission;
● CoverColorado board of directors;
● Commission on mandated health insurance benefits;
● Colorado municipal bond supervision advisory board;
● Local government limited gaming impact advisory committee;
● Child support commission;
● Legislative oversight committee for the continuing examination of the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems;
● State methamphetamine task force;
● Read-to-achieve board;
● Science and technology education center grants advisory board;
● Advisory committee to the Colorado commission on higher education;
● Board of ethics for the general assembly;
● Commission on information management;
● Statewide internet portal authority;
● State work force development council;
● Colorado tourism office board of directors;
● Total compensation advisory council;
● State deferred compensation committee;
● Education commission of the states;
● Colorado veterans' monument preservation trust committee;
● State capitol building advisory committee;
● Tobacco education, prevention, and cessation grant program review committee;
● Cancer, cardiovascular disease, and chronic pulmonary disease program review committee;
● Fitzsimons state veterans nursing home advisory board;
● State and veterans nursing homes legislative oversight committee;
● Police officers' and firefighters' pension reform commission;
● Water resources review committee;
● Uranium mill tailings remedial action program fund oversight committee.
Directs that the person making the original appointment or reappointment shall fill any vacancy by appointment for the remainder of an unexpired term and that appointed members serve at the pleasure of the appointing authority and shall continue in office until the member's successor is appointed.
APPROVED by Governor March 22, 2007
EFFECTIVE March 22, 2007
S.B. 07-86 Fallen heroes memorial commission - duties -fund - appropriation. Establishes the fallen heroes memorial commission ("commission") to erect memorials near the Colorado veterans monument to honor servicemen and service women killed during specific military conflicts. Directs the commission to recommend to the preservation trust committee the design and siting of the memorials. Directs the preservation trust committee to submit proposals for the design and siting to the state capital building advisory committee. Authorizes the commission to solicit and accept donations for the memorials.
Creates the fallen heroes memorials construction fund ("fund") in the state treasury.
Appropriates to the department of personnel and administration $13,225 and 0.3 FTE from the fund for the implementation of the act.
APPROVED by Governor May 26, 2007
EFFECTIVE September 1, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
S.B. 07-97 Unallocated tobacco litigation settlement moneys - allocation for health-related purposes. Requires tobacco litigation settlement moneys that are currently required to be credited to the general fund or the tobacco litigation settlement cash fund to be allocated, in lump sums at the beginning of the 2007-08 fiscal year and at the beginning of each fiscal year thereafter, to the following health-care related programs, entities, and funds that, except for the children's basic health plan, do not currently receive tobacco litigation settlement moneys as follows:
● 49% to the university of Colorado at Denver and health sciences center;
● 12% to the division of mental health in the department of human services (DHS) for the purchase of mental health services from community mental health centers for juvenile and adult offenders who have mental health problems and are involved in the criminal justice system;
● 8.5% to the Colorado indigent care program of the department of health care policy and financing for distribution to rural hospitals of 60 beds or less and all public hospitals, including hospitals that access federal funds only through certification of public expenditures, that participate in the program to provide health care to indigent persons;
● 7% to the department of public health and environment (DPHE) for allocation to local public health services and county boards of health as additional per capita state support for basic and optional public health services, as defined by the state board of health;
● 5% to the children's basic health plan in conjunction with an increase in the eligibility threshold for the plan from 200% to 205% of federal poverty level;
● 4.5% to supplement the state contribution for state employee group benefit plans that provide medical benefits;
● 4% to DPHE for the purpose of immunization and immunization strategies;
● 3% to the division of alcohol and drug abuse in DHS to provide or purchase community prevention and treatment services;
● 6% to a newly created short-term innovative health program grant fund to be used by DPHE to make short-term grants to fund innovative health programs designed to improve the health of Coloradans; and
● One percent to the regional pediatric trauma center, known as the children's hospital, to offset its medicaid shortfall.
Requires the moneys allocated to be credited to newly created funds and accounts so that they can be accounted for separately from other moneys. Except for the moneys allocated for the Colorado indigent care program, at the end of any fiscal year, requires interest and income earned on such allocated moneys and any allocated moneys not expended or encumbered to be credited to the short-term innovative health program grant fund.
APPROVED by Governor March 22, 2007
EFFECTIVE March 22, 2007
S.B. 07-113 Tobacco litigation settlement defense account moneys - expansion of permitted uses. Expands the purposes for which moneys in the tobacco settlement defense account of the tobacco litigation settlement cash fund may be used by allowing the department of law to use such moneys:
● To defend not only lawsuits arising out of challenges to the tobacco litigation settlement (settlement), but also lawsuits arising under the provisions of the settlement;
● To enforce and defend all rights and obligations of the state under the settlement or any Colorado law related to the settlement; and
● To resolve disputes with tobacco product manufacturers, whether or not the manufacturers are participating or nonparticipating manufacturers for purposes of the settlement, that arise under the provisions of the settlement or any Colorado law related to the settlement.
Decreases the general fund appropriation to the department of law, special purpose section, for tobacco litigation by $100,000, and increases the cash funds appropriation for said purpose by $100,000 using moneys from the defense account of the tobacco litigation settlement cash fund.
APPROVED by Governor May 25, 2007
EFFECTIVE May 25, 2007
S.B. 07-126 Renewable energy authority - governor's office of energy management and conservation - appropriations. Appropriates revenues that would otherwise be appropriated directly to the Colorado renewable energy authority to the governor's office of energy management and conservation for distribution to the Colorado renewable energy authority.
APPROVED by Governor April 16, 2007
EFFECTIVE April 16, 2007
S.B. 07-156 Deferred compensation plan - defined contribution plan - administration. Clarifies the management duties of the state personnel director with respect to the employer match plan for participants in the state deferred compensation plan and with respect to the state defined contribution plan.
Authorizes the administration fees assessed against participants in the state deferred compensation plan and the state defined contribution plan to be held in a separate fund in each plan's exclusive benefit trust or transferred to an administration fund for each plan rather than requiring all of the fees to be transmitted to the administration fund for each plan. Requires the state deferred compensation committee to establish a reasonable level of reserves for the funds. Specifies that moneys collected in excess of the reserves shall be used to reduce the fees in subsequent years or credited back to participant accounts as permitted by law.
Specifies that compensation deferred by participants in the state deferred compensation plan shall be transmitted to the exclusive benefit trust as soon as administratively feasible and credited to each participant account.
Provides that an employee's contributions to the state defined contribution plan shall be treated as employer contributions as authorized by federal law for purposes of deferring federal income tax imposed on an employee's salary.
APPROVED by Governor May 3, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
S.B. 07-184 CoverColorado - board of directors - state treasurer. Adds the state treasurer as an ex officio nonvoting member of the CoverColorado board of directors.
APPROVED by Governor April 20, 2007
EFFECTIVE April 20, 2007
S.B. 07-197 Public safety - schools - anonymous electronic reporting hotline - confidentiality of records. Sets forth the duties and functions of the safe-2-tell program and electronic hotline ("program") to allow persons in schools a means to report dangerous, violent, or criminal activities anonymously. Requires the program to establish methods to ensure the anonymity of a person who calls the safe-2-tell hotline. Requires the program to keep safe-2-tell records confidential and to produce them only upon court order.
APPROVED by Governor May 3, 2007
EFFECTIVE May 3, 2007
S.B. 07-210 Amendment 41 implementation - establishment of independent ethics commission - membership - appointments - powers and duties - advisory opinions and letter rulings - dismissal of frivolous complaints - subpoena powers - judicial review - appropriations. Implements article XXIX of the state constitution, concerning ethics in government (article XXIX), enacted by the voters at the 2006 general election, in the following respects:
● Establishes the independent ethics commission (commission) in the office of administrative courts in the department of personnel. Specifies requirements pertaining to the appointment and terms of commission members, the reimbursement of expenses incurred by commission members, and the powers and duties of the commission. Specifies that the member appointed by the senate shall be appointed by the president of the senate with the approval of two-thirds of the members elected to the senate, and the member appointed by the house of representatives shall be appointed by the speaker of the house of representatives with the approval of two-thirds of the members elected to the house of representatives. Specifies that the member appointed by the house of representatives shall not be affiliated with the same political party as the person appointed by the senate.
● Requires the major political parties to have equal numbers of members appointed to the commission.
● Requires the commission to prepare a response to a request for an advisory opinion from a public officer, member of the general assembly, local government official, or government employee as to whether particular action by such individual satisfies the requirements of article XXIX not more than 20 business days after the request is made to the commission. Permits any individual who is not a public officer, member of the general assembly, local government official, or government employee to submit a request to the commission for a letter ruling concerning whether potential conduct of the person making the request satisfies the requirements of article XXIX. In such case, requires the commission to issue a response to the request as soon as practicable.
● Specifies that each advisory opinion or letter ruling, as applicable, issued by the commission shall be a public document and requires each such document to be promptly posted on a website that shall be maintained by the commission; except that, in the case of a letter ruling, requires the commission to redact the name of the person requesting the ruling or other identifying information before it is posted on the website.
● Requires the commission to dismiss as frivolous any complaint filed under article XXIX that fails to allege that a public officer, member of the general assembly, local government official, or government employee has accepted or received any gift or other thing of value for private gain or personal financial gain. For purposes of the act, defines "private gain" or "personal financial gain" to mean any money, forbearance, forgiveness of indebtedness, gift, or other thing of value given or offered by a person seeking to influence an official act that is performed in the course and scope of the public duties of a public officer, member of the general assembly, local government official, or government employee.
● Requires the commission to adopt reasonable rules as may be necessary for the purpose of administering and enforcing the provisions of article XXIX and any other standards of conduct and reporting requirements as provided by law. Requires any such rules to be promulgated in conformity with the "State Administrative Procedure Act".
● Authorizes the commission to employ staff.
● Specifies that no subpoena requiring the attendance of a witness or the production of documents shall be issued by the commission unless a motion to issue any such subpoena has been made by one member of the commission and approved by no fewer than 4 members of the commission.
● Specifies that any final action of the commission concerning a complaint is to be subject to judicial review by the district court for the city and county of Denver.
For the 2007-08 fiscal year:
● Appropriates $121,986 from the general fund to the department of personnel and administration, executive office, for the provision of legal services to the division of administrative courts, for the implementation of the act.
● Appropriates $98,010 and 1.8 FTE from the general fund to the department of personnel and administration, division of administrative courts, for the implementation of the act.
● Appropriates $121,986 and 0.9 FTE to the department of law, for the provision of legal services to the department of personnel and administration, division of administrative courts, related to the implementation of the act. Specifies that said sum shall be from cash funds exempt received from the department of personnel and administration, executive office, out of the appropriation made in the act.
● Adjusts the appropriation made in section 21 of the annual general appropriation act by decreasing the general fund appropriation to the controlled maintenance trust fund by $219,996.
APPROVED by Governor April 26, 2007
EFFECTIVE April 26, 2007
S.B. 07-219 Transportation - light rail corridors - use of tracks of interstate railroad - liability - insurance. Limits the imposition of punitive or exemplary damages or damages for outrageous conduct in an action against a railroad operating in interstate commerce that sells to a public entity, or allows a public entity to use, the railroad's property or tracks for the provision of public passenger rail service.
Authorizes a public entity to insure against all or part of its liability or the liability of a railroad for claims arising from the passenger rail operations of a public entity on property or tracks owned by, or purchased from, a railroad. Authorizes such insurance to be provided by a risk management pool of public passenger rail services authorized pursuant to the federal "Product Liability Risk Retention Act of 1981". Directs that such insurance shall be maintained at levels sufficient to insure against the maximum liability permitted against a railroad or its indemnitor pursuant to federal law.
Defines a motor vehicle to include a light rail vehicle for purposes of an existing exemption from governmental immunity.
Exempts any railroad operating in interstate commerce from the act until such time as the railroad and the board of directors of the regional transportation district execute an agreement for operation pursuant to the transportation plan adopted by the board and approved by the voters on November 2, 2004.
APPROVED by Governor May 22, 2007
EFFECTIVE July 1, 2007
S.B. 07-222 Capital construction fund - transfer - accrual. As of July 1, 2006, transfers $30 million from the general fund to the capital construction fund. If moneys in the general fund at the end of the 2006-07 fiscal year are inadequate to meet the statutory reserve and the transfer required by Senate Bill 97-001, directs the state controller to accrue a transfer of up to $30 million from the capital construction fund to the general fund to meet such requirements.
APPROVED by Governor June 1, 2007
EFFECTIVE June 1, 2007
S.B. 07-228 Centralized contract management system - personal service contracts - vendor remedies - contract performance outside the United States or Colorado - audit of contract records - monitoring of vendor performance - performance evaluation reports - contraction contracts - appropriation.
Centralized contract management system
On or before June 30, 2009, requires the department of personnel (department) to implement and maintain a centralized contract management system (system) for the purpose of monitoring any personal services contract entered into by a governmental body the value of which exceeds $100,000 dollars and that is otherwise subject to the requirements of the act. Specifies information pertaining to the 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 any governmental body, accessible from the website maintained by the state;
● Specify that information concerning contracts contained in the database and accessible on the website be searchable by criteria enumerated in the act;
● Present information in the database 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;
● In the case of any contract that is more than a specified length in duration, identify the cost savings, if any, and quality improvements, if any, realized by the state as a result of the contract; and
● Include information concerning personal services expenditures by the 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 under conditions specified in the act.
Subject to the provisions of the act, prior to entering into a sole-source personal services contract, requires the governmental body to attempt to identify competing vendors. Prohibits the sole-source selection method from being used in specified circumstances. Authorizes the director of a governmental body or his or her designee to enter into or authorize others to enter into an emergency sole-source personal service contract on behalf of the governmental body where an emergency condition is present and a sole-source personal services contract is necessary to ensure that the required services are obtained in sufficient time to address the emergency.
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. Requires the evaluation performed by the governmental body to be submitted to the vendor to allow the vendor to review the evaluation and to submit any comments in response to the evaluation, after which point the evaluation, including any response submitted by the vendor, is required to be added to the system. Specifies the items the evaluation shall measure. Specifies requirements pertaining to the vendor's rights in connection with a dispute arising out of an evaluation, including the vendor's remedy in such circumstances.
Requires the department to annually report information on personal services contracts contained in the system. Requires the department to annually submit a report concerning any new sole-source contract entered into by the state during the prior calendar year.
Requires implementation of the database required to be maintained by the department to be funded in 2 phases, with a portion of the funding provided in the 2007-08 state fiscal year, and a portion of the funding provided in the 2008-09 state fiscal year.
Creates the office of contract administration in the department, which shall be funded within existing appropriations.
Contract performance outside the United States or Colorado
Requires any prospective vendor to disclose in a statement of work where services will be performed under the contract, including any subcontracts, whether any services under the contract or any subcontracts are anticipated to be performed outside the United States or the state, and why it is necessary or advantageous to go outside the United States or the state to perform the contract or any subcontracts, if applicable.
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 subcontract, provided that the state is able, in conducting any such audit, to maintain the confidentiality of any information contained in the books and records that is deemed proprietary as determined by the state.
Monitoring of vendor performance
Requires each personal services contract entered into pursuant to the procurement code (code) with a value of $100,000 or more to contain:
● Performance measures and standards;
● An accountability section;
● Monitoring requirements; and
● Methods and mechanisms to resolve any situation in which the governmental body's monitoring assessment determines noncompliance.
In the case of a contract that has been renewed in a subsequent fiscal year, requires the governmental body to annually certify whether the vendor on any contract is complying with the terms of the contract. Specifies remedies available to the state in the event of contract nonperformance.
Requires the system to include such information as will allow the executive director of the departement and the governmental body to evaluate the prior record of a particular vendor in meeting performance measures and standards in connection with a personal services contract to which it has been a party. Authorizes the executive director to remove the name of the vendor from the database, prohibit the vendor from bidding on future contracts, or to reinstate the name of the vendor to the database under conditions specified in the act. In the circumstances of removal or prohibition, permits the vendor to exercise specified debarment protest and appeal rights. Authorizes the vendor in specified circumstances to file a rebuttal statement that is to be maintained as part of the vendor evaluation record. Specifies the vendor's remedy in contesting the removal or prohibition.
Specifies that provisions in the act pertaining to the monitoring of vendor performance shall not take effect until the system required by the act has been implemented.
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 that will evaluate the contractor's performance on a particular project. 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. Permits the vendor to exercise the contract rights provided for under specified sections of the code if a vendor disputes any information contained in a report. Specifies the circumstances under which a vendor may file a rebuttal statement. Specifies the vendor's remedies in contesting information contained in a report. Specifies that provisions in the act pertaining to performance evaluation reports shall not take effect until the system required by the act has been implemented.
Appropriation
For the 2007-08 fiscal year, appropriates $361,897 and 2.0 FTE from the general fund to the department of personnel and administration for the implementation of the act. Adjusts the appropriation made in section 21 of the annual general appropriation act for the 2007-08 fiscal year by decreasing the general fund appropriation to the controlled maintenance trust fund by $361,897.
APPROVED by Governor May 24, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
S.B. 07-235 Economic self-sufficiency standard - fund. Requires the executive director of the department of local affairs ("department"), on or before January 1, 2008, to post on the department's website an economic self-sufficiency standard for the purpose of providing an adequate measure of the economic well-being of Colorado families. Authorizes the department to seek and accept gifts, grants, and donations to pay for costs associated with the self-sufficiency standard. Creates a fund for deposit of any amounts received.
APPROVED by Governor May 17, 2007
EFFECTIVE July 1, 2007
S.B. 07-240 Capital construction fund - transfers. Transfers $35,753,087 to the capital construction fund from the general fund for the 2006-07 fiscal year and $20 million from the general fund exempt account for the 2007-08 fiscal year.
APPROVED by Governor June 1, 2007
EFFECTIVE June 1, 2007
S.B. 07-246 Clean energy fund - creation - use - post-enactment review - appropriation. Creates the clean energy fund in the state treasury. At the end of the 2006-07 state fiscal year, requires $7,000,000 of moneys in the limited gaming fund that would otherwise be transferred to the state general fund to instead be transferred to the clean energy fund. At the end of each succeeding state fiscal year, requires all moneys in the limited gaming fund that would otherwise be transferred to the state general fund to instead be transferred to the clean energy fund. Reduces or eliminates the annual transfer to the clean energy fund if the last quarterly general fund revenue estimate for the fiscal year indicates that general fund revenues will be insufficient to fund the entire transfer and the maximum amount of general fund appropriations growth permitted by law. Requires the transfer to the clean energy fund at the end of any state fiscal year of unexpended moneys normally used by the governor's energy office (office) to provide home energy efficiency improvements for low-income households.
Continuously appropriates moneys in the clean energy fund to the office for expenditure to advance energy efficiency and renewable energy throughout Colorado. Specifies some of the uses that advance energy efficiency and renewable energy.
Requires all income and interest earned on the deposit and investment of moneys in the clean energy fund to be credited to the fund. Specifies that all moneys remaining in the clean energy fund at the end of a state fiscal year remain in the fund and are not transferred to the general fund or any other fund.
Appropriates 4.0 FTE to the governor's energy office for the implementation of the act. Requires a 5-year post-enactment review of the implementation of the act by the legislative service agencies of the general assembly.
APPROVED by Governor May 29, 2007
EFFECTIVE May 29, 2007
S.B. 07-254 Commission on information management - abolishment - secretary of state - electronic records and signatures - responsibilities transferred to office of information technology - higher ed security plans - open records exclusion - statewide internet portal authority board - membership increase. Abolishes the commission on information management (IMC). Transfers the responsibility for adopting standards and criteria for procuring adaptive technology by state agencies for the blind or visually impaired individuals from the IMC to the chief information officer in the office of information technology (OIT). Transfers certain responsibilities relating to the statewide communications and information infrastructure from the IMC to the OIT.
Eliminates the secretary of state's responsibility for rule-making in connection with electronic records and electronic signatures used by governmental agencies under the "Uniform Electronic Transactions Act". Authorizes the OIT to adopt policies, standards, and guidelines relating to those records and signatures.
Excludes information security plans, information security incident reports, and information security audit and assessment reports developed or prepared by the department of education or an institution of higher education from public inspection under the open records law.
Increases the membership of the statewide internet portal authority board of directors from 11 to 13 members by adding one private sector member and making the chief information officer of the OIT a voting member of the board.
APPROVED by Governor May 17, 2007
EFFECTIVE May 17, 2007
S.B. 07-261 Venture capital authority - staffing - appropriation. Clarifies that it is not a conflict of interest for employees of the Colorado office of economic development (office) to staff the venture capital authority (authority). Appropriates an FTE to the office for the purpose of staffing the authority, and specifies that the authority shall use enterprise fund moneys to pay the office in advance as agreed upon by the authority and the office for the staffing costs.
Requires the office to credit staffing costs payments received from the authority to a newly created venture capital authority staffing reimbursement fund. Except for an appropriation from the fund of $3,000 to the department of law for legal services provided to the office of the governor related to the implementation of the act, continuously appropriates the fund to the office to pay personnel expenses incurred in providing staffing for the authority.
APPROVED by Governor May 24, 2007
EFFECTIVE May 24, 2007
H.B. 07-1005 Missing person alert program - missing persons with developmental disabilities. Adds missing persons with developmental disabilities to the existing alert program for missing senior citizens. Permits a law enforcement agency that receives a report of a missing person with developmental disabilities to notify the Colorado bureau of investigation ("CBI") after verifying the person is missing and developmentally disabled. Allows the CBI to issue an alert for the missing person with developmental disabilities to designated media outlets in Colorado that may broadcast the alert.
Requires the executive director of the department of public safety to adopt rules related to the alert program for missing persons with developmental disabilities.
APPROVED by Governor February 16, 2007
EFFECTIVE February 16, 2007
H.B. 07-1015 Governor's office - office of international trade - federal trade agreements. Requires the Colorado international trade office to:
● Review and analyze proposed international trade agreements to assess their impact on goods and services produced by Colorado businesses;
● Provide input to the office of the United States trade representative in the development of international trade, commodity, and direct investment policies and agreements that reflect the concerns of the state of Colorado;
● Make a presentation to the legislative council at least twice per year, once when the general assembly is in session and once during the interim, about ongoing trade negotiations, trade development, and the possible impacts on Colorado's economy and laws; and
● Coordinate with other state and local government economic development entities.
APPROVED by Governor March 21, 2007
EFFECTIVE March 21, 2007
H.B. 07-1027 Enterprise zone tax credits - contributions to zone administrators - new business facility employees - technical modifications. Clarifies that the income tax credit allowed to taxpayers that make contributions to enterprise zone administrators to implement economic development plans is allowed for income tax years commencing on or after January 1, 1989, rather than for income tax years commencing on or after January 1, 2000. Clarifies that on and after January 1, 2000, the Colorado economic development commission, rather than the department of local affairs, designates the administrator of an enterprise zone. Relocates the definitions pertaining to the income tax credit allowed to taxpayers that hire new business facility employees in an enterprise zone. Repeals obsolete provisions regarding an income tax credit for taxpayers that operate new business facilities.
APPROVED by Governor April 2, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1046 Department of revenue - obsolete statutes - repeal or amendment. Repeals the mechanism that refunds excess state revenues through an income tax credit for contributions made to the Colorado institute of technology.
Repeals the requirement that the department of revenue (department) produce copies or digests of the provisions of the motor vehicle law, articles 1 to 4 of title 42.
Repeals the requirement that the department either publish or post on public bulletin boards in each of its offices a record of suspensions and revocations of drivers' licenses. Repeals the requirement that the department furnish copies of those records to law enforcement offices throughout the state.
Strikes language allowing a holder of a valid state garage license to operate, move, or transport a vehicle on the streets and highways of this state without registering the vehicle and without an attached numbered plate so long as the vehicle had a depot tag issued by the department.
APPROVED by Governor March 2, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1064 Lifesaver program - counties - grants for teaching technology. Makes legislative declarations relating to the number of people in the United States and Colorado who have medical conditions that cause them to wander and become lost and missing. Makes legislative findings with respect to the resources local law enforcement agencies currently expend searching for individuals with such medical conditions who wander and become lost and missing. Acknowledges the existence of technology enabling the quick location of missing and lost individuals, and states that it would be beneficial to Colorado to establish a matching grant program to allow county law enforcement agencies to establish lifesaver programs, which are search and rescue programs in which a transmitter is worn on a participant's wrist so that the participant may be located electronically if necessary.
Encourages each county or combination of counties to implement a lifesaver program. Makes the executive director of the department of public safety the liaison to lifesaver programs and administrator of the state grant program. Sets forth parameters of the grant program and basic application requirements. Requires the executive director to prioritize grant awards.
Specifies that counties accepting grant moneys shall purchase transmitters and emergency response kits, including equipment necessary to track and triangulate searches, and provide training for search personnel. Requires counties to fund the costs of the management and operation of lifesaver programs after initial implementation. Sets a ceiling on the amount of state moneys that will be made available for grants to lifesaver programs.
For FY 2007-08, transfers the lesser of $125,000 or 12.5% of the moneys allocated to the short-term innovative health program grant fund to the lifesaver program cash fund created in the act. Appropriates the lesser of $125,000 or 12.5% of the moneys allocated to the short-term innovative health program grant fund from the lifesaver program cash fund for the implementation of the act.
APPROVED by Governor May 30, 2007
EFFECTIVE May 30, 2007
H.B. 07-1069 State consent for federal government acquisition of lands - Pinon Canyon Maneuver Site expansion - withdrawal of consent. In connection with the consent given by the state to the federal government for the acquisition of property within the state by the federal government by purchase, condemnation, or otherwise for proper federal purposes, specifies that such consent is not given to the acquisition of, or exclusive jurisdiction over, land sought by the United States department of defense for purposes associated with the expansion of the Pinon Canyon Maneuver Site.
APPROVED by Governor May 3, 2007
EFFECTIVE May 3, 2007
H.B. 07-1079 Colorado lottery - sales - liability. Grants lottery sales agents protection against liability for acts connected with the sale of lottery tickets, which acts comply with the lottery laws.
APPROVED by Governor March 14, 2007
EFFECTIVE March 14, 2007
H.B. 07-1087 Office of energy management and conservation - wind for schools grant program. Establishes the wind for schools grant program and specifies that the program shall be administered by the office of energy management and conservation (office) within the office of the governor. Requires the office to review grant applications from qualified schools and to determine whether a grant should be awarded to that qualified school for a wind power project. Limits the aggregate amount of grants a qualified school may receive to $5,000.
Requires that the office use at least $50,000 from the existing resources of the office for the implementation of the wind for schools grant program. Specifies that the office may meet the minimum expenditure requirement over one or more fiscal years.
APPROVED by Governor April 16, 2007
EFFECTIVE April 16, 2007
H.B. 07-1100 Sales and use tax receipts - older Coloradans cash fund. In all future state fiscal years, increases the allocation of state sales and use tax receipts to the older Coloradans cash fund from $3 million to $5 million. Makes a corresponding decrease of $2 million in the allocation to the general fund.
APPROVED by Governor May 30, 2007
EFFECTIVE July 1, 2007
H.B. 07-1145 State board of land commissioners - lands managed by board - land suitable for development of renewable resources - identification. Requires the state board of land commissioners to identify land suitable and appropriate for development of renewable energy resources, and also requires the board to collaborate with other federal and state entities and agencies.
Requires the state board of land commissioners to collaborate with the office of energy management and conservation to ensure that potential renewable energy resource developers are aware of any lands identified by the board as being suitable for development of renewable energy resources.
Authorizes the state board of land commissioners to enter into leasing arrangements for renewable energy resources development, and specifies requirements for those leasing arrangements. Specifies that all existing leases on state lands for the development of renewable energy resources are validated.
Allows the board of land commissioners to use a specific map, if created, to identify state lands that may be suitable and appropriate for development of renewable energy resources. States that this provision is effective only if Senate Bill 07-091 is enacted and becomes law.
APPROVED by Governor April 26, 2007
EFFECTIVE August 3, 2007
NOTE: (1) This act was passed without a safety clause. For further explanation
concerning the effective date, see page vi of this digest.
(2) Senate Bill 07-091 was signed by the Governor May 29, 2007. For more information on the effective date see section 5 of this act.
H.B. 07-1184 Public pension plans - Sudan divestment - post-enactment review. Directs the board of directors of specified instrumentalities of the state, political subdivisions of the state, and other public officials and entities that have the authority to invest moneys and state contributions (public funds) to make their best efforts to identify all scrutinized companies in which the public fund owns direct or indirect holdings. Defines a scrutinized company as a company that:
● Has business operations that involve contacts with or provision of supplies or services to the government of Sudan or its business ventures, obtains revenue within a specified percentage range from mineral extraction or power production facilities, and has failed to adopt a formal plan to cease scrutinized business operations;
● Is complicit in the Darfur genocide; or
● Supplies military equipment within Sudan.
Specifies the methods that a public fund shall use to identify scrutinized companies. Directs a public fund to compile scrutinized companies list and to update the list every 6 months.
Requires each public fund to identify the companies on the scrutinized companies list in which the public fund owns direct or indirect holdings. If a company in which a public fund has direct or indirect holdings has only inactive business operations with Sudan, directs the public fund to send written notice to the company to encourage the company to continue to refrain from initiating active business operations in Sudan. If a company in which a public fund has direct or indirect holdings has active business operations with Sudan, directs the public fund to send written notice informing the company that it may become subject to divestment by the public fund, and encourage the company to avoid divestment by ceasing or rendering inactive its scrutinized business operations.
Specifies that if a company ceases scrutinized business operations within a specified period, the company shall be removed from a public fund's scrutinized companies list. If after a specified period the company continues to have scrutinized business operations, directs the public fund to sell, redeem, divest, or withdraw all publicly traded securities of the company. Specifies a schedule that a public fund shall follow in selling, redeeming, divesting, or withdrawing the securities.
Prohibits a public fund from acquiring securities of companies on its scrutinized companies list. Specifies certain companies that a public fund shall consider exempt from divestment requirements and investment prohibitions. Specifies requirements for public funds regarding divestment of indirect holdings in actively managed investment funds, passively managed indirect holdings, defined contribution plans, and private equity assets.
Requires each public fund to submit a report to the general assembly and the attorney general that includes its scrutinized companies list within 30 days after the creation of the list and to submit a report containing specified information to the general assembly and the attorney general annually thereafter. Requires the report to be made available to the public.
Specifies the circumstances under which a public fund may cease divesting from or reinvest in scrutinized companies.
Specifies that a public fund, its board of directors, individual board members, agents, trustees, officers, employees, custodians, and fiduciaries are immune from any liability with respect to all actions taken in good faith compliance with the provisions of the act and exempted from compliance with conflicting legal obligations. Specifies that each public fund shall be responsible for bearing the cost of complying with the act and that the general assembly shall not appropriate or expend any moneys to assist a public fund in bearing such costs.
Directs the attorney general to enforce the provisions requiring divestment from scrutinized companies. Directs the legislative service agencies of the general assembly to conduct a post-enactment review of the implementation of the act.
APPROVED by Governor April 19, 2007
EFFECTIVE April 19, 2007
H.B. 07-1202 Economic development commission - economic development fund - grant and loan recipients - minimum standards - reporting requirements. Specifies minimum standards that any private person or entity shall satisfy in order for the Colorado economic development commission (commission) to award such person or entity a grant or loan from the Colorado economic development fund if the grant or loan is based in whole or in part on the creation of new full-time permanent jobs.
Requires any private person or entity that receives a grant or loan from the commission on the basis of a proposal to create new full-time permanent jobs to file a progress report with the commission. Specifies the information that the person or entity shall include in the report. Requires the commission to provide the information collected each year in the reports that it submits to the general assembly.
APPROVED by Governor April 16, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1203 Grants - energy information - carbon sequestration - energy Colorado profile. Encourages the governor's office of energy management and conservation to set a high priority on funding a county-level study regarding the baseline amount of carbon that may be stored in soil in Colorado to facilitate the creation of a Colorado-based market in carbon sequestration credits and a Colorado energy profile.
APPROVED by Governor May 23, 2007
EFFECTIVE May 23, 2007
H.B. 07-1206 Colorado economic development commission - film incentives cash fund - allocation from limited gaming fund - increase - appropriation. For the 2006-07 fiscal year and each fiscal year thereafter, reduces the amount of limited gaming moneys that are allocated to the general fund and increases the amount of such moneys that are allocated to the film incentives cash fund (cash fund) to be used for performance-based incentives to promote film production in the state. Specifies that the allocation to the cash fund shall be increased by $100,000 over the allocation in the 2005-06 fiscal year, for a total allocation of $600,000 to the cash fund annually. Specifies that for the 2007-08 fiscal year and each fiscal year thereafter, the amount allocated to the cash fund shall be adjusted by the rate of inflation.
Authorizes the joint budget committee, acting by bill, to determine the amount of limited gaming fund moneys that should be transferred to the film incentives cash fund for a fiscal year if the committee determines, based on the March revenue forecast, that the amount of general fund revenues for the fiscal year in which the forecast is prepared will be insufficient to allow the maximum amount of general fund appropriations permitted by law to be made for that fiscal year.
If the joint budget committee does not determine the amount of limited gaming fund moneys to be transferred to the film incentives cash fund, and if, based on the June revenue forecast the state treasurer determines that the amount of general fund revenues for the fiscal year in which the forecast is prepared will be insufficient to allow the maximum amount of general fund appropriations permitted by law, requires the state treasurer to modify the allocation of limited gaming moneys by increasing the allocation to the general fund and reducing the allocation to the cash fund as necessary to allow the maximum amount of general fund appropriations to be made for that fiscal year.
Appropriates $100,000 from the film incentives cash fund to the Colorado economic development commission for the implementation of the act.
APPROVED by Governor May 24, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1209 Economic development - minority business office - historically underutilized businesses - surety technical assistance program - appropriation. Requires the director of the minority business office to establish a program to offer technical assistance to historically underutilized businesses in applying and qualifying for performance bonds required for state construction contracts. Requires the director to compile a centralized directory of historically underutilized businesses that have obtained the performance and payment bonds required to be awarded a government contract. Defines a "historically underutilized business" as a small business in which at least 50% of the stock or other ownership interest is held by women or members of identified minority groups.
Appropriates $29,073 to the minority business office for the implementation of the act.
APPROVED by Governor May 24, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1220 Preference for purchase of environmentally preferable products or services by state agencies. In connection with the purchase of products or services, requires a governmental body to award the contract to a bidder who offers 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 bid.
● 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 by 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 otherwise disadvantageous to the state considering the above factors.
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 cost of ownership life-cycle 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 cost of ownership life-cycle 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 cost of ownership life-cycle analysis used to justify the purchase of any environmentally preferable products in accordance with the requirements of the act during the previous fiscal year.
APPROVED by Governor April 25, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1263 Division of criminal justice training - fee - appropriation. Permits the division of criminal justice in the department of public safety to charge a fee for providing a training program. Creates the criminal justice training fund.
For the 2007-08 fiscal year, appropriates $116,240 from the criminal justice training fund to the department of public safety for allocation to the division of criminal justice for implementation of the act.
APPROVED by Governor May 31, 2007
EFFECTIVE May 31, 2007
H.B. 07-1272 Cold case team - statewide cold case homicide database - cooperative investigations - cold case oversight task force - repeal - appropriation. Creates a cold case team ("team") in the Colorado bureau of investigation. Requires the team to develop a database that will contain the homicide files of all open homicide cases in the state since 1970. Requires all law enforcement agencies in the state to provide copies to the team for inclusion in the database of all homicide investigation files for cases that have been open for more than 3 years. Permits the team to investigate the cases in cooperation with the law enforcement agency that has jurisdiction of the case upon request of the law enforcement agency or a family member of the victim. Requires written notification in a case in which the team decides not to investigate or the law enforcement agency does not accept the assistance of the team.
Creates the cold case task force ("task force"). Permits the task force to review general homicide investigation strategies and practices and make recommendations as to best practices. Beginning October 1, 2008, requires the task force to report annually to the general assembly. Repeals the task force July 1, 2012, following review.
For the 2007-08 fiscal year, appropriates $67,822 and 1.0 FTE from the general fund to the department of public safety for allocation to the Colorado bureau of investigation for implementation of the act.
APPROVED by Governor June 1, 2007
EFFECTIVE June 1, 2007
H.B. 07-1288 Solid waste user fees - imposition of additional user fees - waste producers and others disposing of solid wastes - expanded powers and duties of pollution prevention advisory board - creation of pollution prevention advisory board assistance committee - recycling resources economic opportunity fund - recycling resources economic opportunity program - grants - loans - waste tire recycling development fee - fee increase - processors and end users of waste tires cash fund - development of solid waste management program - solid and hazardous waste commission - rules - data collection on recycling, solid waste, and solid waste diversion - appropriations.
Solid waste user fees
On or after July 1, 2007, imposes a user fee to reimburse the department of public health and environment (department) for the department's appropriation for solid waste management and a user fee to fund the recycling resources economic opportunity program created in the act. Requires the fees to be collected by the operator of an attended solid waste disposal site at the time of disposal and to be imposed and passed through to waste producers and other persons disposing of waste at specified rates. Requires the fees to be transmitted not later than the last day of the month following the end of each calendar quarter to the state treasurer. Requires the state treasurer to credit 100% of the moneys collected from the first fee to the solid waste management fund to be used in connection with the department's responsibilities for solid waste management and to credit 100% of the moneys from the second fee to the recycling resources economic opportunity fund (fund) to fund the recycling resources economic opportunity program.
Extends the repeal date of statutory provisions imposing solid waste user fees from January 1, 2009, to July 1, 2010.
Pollution prevention advisory board
Adds the following new powers and duties to the existing powers and duties of the pollution prevention advisory board (advisory board):
● To award grants from the fund and develop criteria for awarding such grants. Requires grant awards to be made and the criteria for awarding grants to be developed in consultation with the pollution prevention advisory board assistance committee (committee);
● To make loans from the fund;
● To receive and expend gifts, grants, and bequests from any source to fund grants from the fund;
● In consultation with the committee, to develop a formula for paying a rebate to any local government or entity that recycles any commodity. Requires the rebate to be paid on commodities recycled on a per ton basis with differential rates for different commodities. Specifies the sources of moneys paid out by rebate and requires the amount rebated for any one state fiscal year to equal 1/4 of the amount of moneys collected in the fund in the immediately previous state fiscal year. Establishes deadlines for rebates applications.
● To make recommendations, as requested, on policy matters related to sustainable resource and discarded materials management; and
● To submit an annual report to the department of local affairs, the department, the governor's office of energy management, and the standing committee of reference in each house of the general assembly exercising jurisdiction over matters concerning public health and the environment. Specifies information required to be included in the report.
Pollution prevention advisory board assistance committee
Creates the committee in the department to assist the advisory board. Specifies that the committee is to be comprised of 13 members to be appointed by the executive director of the department. Specifies requirements concerning the qualifications of the members of the committee, the terms of committee members, the filling of vacancies on the committee, and committee administration. Requires the committee to make recommendations to the advisory board regarding specified matters.
Recycling resources economic opportunity fund
Creates the fund in the state treasury. Specifies sources of moneys that may be paid into the fund. Requires all unexpended and unencumbered moneys in the fund at the end of any fiscal year to remain therein.
Requires any moneys generated from the imposition of specified solid waste user fees and an additional waste motor vehicle tire fee imposed by the act to be annually appropriated to the department for allocation to the advisory board for the purpose of funding the recycling resources economic opportunity activities authorized by the act and associated administrative costs.
Repeals the statutory section that creates the fund, effective July 1, 2010.
Recycling resources economic opportunity program
Creates the recycling resources economic opportunity program. In connection with the program, requires the advisory board to accept proposals from local governments for grants from the fund. Specifies requirements for grant awards.
Authorizes the advisory board to loan moneys from the fund to public and private entities, both nonprofit and for-profit, including without limitation the department and solid waste disposal sites and facilities and their local affiliates that collect a specified solid waste user fee. Allows moneys to be loaned by the board to fund any of the purposes for which the board may award moneys in grants. Specifies that, for any given state fiscal year, the amount of moneys to be made available in loans shall not be more than 10% of the amount of moneys allocated to the fund during the immediately previous state fiscal year.
Requires any grant award or loan to be made complete by means of a contract entered into between the department and the grant or loan recipient that specifies the conditions for the grant or loan and the requirements and responsibilities of the grant or loan recipient, as applicable.
Prohibits any grant or loan from being be made until July 1, 2008.
Repeals the statutory section creating the program, effective July 1, 2010.
Waste tire recycling development fee
Requires the waste tire recycling development fee on waste motor vehicle tires to be stated and shown as a separate and distinct item on the statement from the retailer to the customer.
On and after July 1, 2007, imposes an additional fee of 50 cents on any waste motor vehicle tire for any passenger vehicle, including any truck weighing less than 15,000 pounds. Also imposes the fee on truck tires, including tires on truck tractors, trailers, and semitrailers, weighing more than 15,000 pounds other than tires that are recapped or otherwise reprocessed for use. Requires 50% of the moneys collected by the fee to be credited to the fund and the remaining 50% shall be credited to the waste tire cleanup fund to be distributed as provided in the act.
Includes motorcycles within the definition of motor vehicle for purposes of the waste tire recycling development fee on waste motor vehicle tires.
Processors and end users of waste tires cash fund
Requires any moneys in the processors and end users of waste tires cash fund not expended or encumbered from any appropriation at the end of any fiscal year to remain available, without further appropriation, for expenditure in the next fiscal year by the department of local affairs for allocation to the division of local government to be used as specified in existing law.
Solid waste management program
Requires the department to develop, implement, and continuously improve as necessary policies and procedures for carrying out its statutory responsibilities at the lowest possible cost while satisfying the legislative intent expressed in the act. Specifies that, at a minimum, the policies and procedures shall, to the extent practicable, include the establishment of specified guidelines, schedules, methodologies, preferences, and mechanisms.
On or before February 1, 2008, and not later than February 1 of each year thereafter, requires the department to submit a report to the standing committee of reference in each house of the general assembly exercising jurisdiction over matters concerning public health and the environment. Specifies the required content of the report.
Solid and hazardous waste commission
Requires the solid and hazardous waste commission to promulgate rules pertaining to the assessment of annual fees and document review and activity fees to offset program costs from solid waste disposal sites and facilities in accordance with specified requirements. If the department determines that a site or facility is or has been subject to payment of the annual fees and has not paid any portion of the amount of fees due and owing, authorizes the department to assess the site or facility an additional fee equivalent to double the amount of the estimated annual fee, without interest, that the site or facility would have paid the department if the fee had been paid as required by law to offset program costs caused by the site or facility.
Data collection on recycling, solid waste, and solid waste diversion by department of public health and environment
Requires the department to collect specified types of information and data on recycling, solid waste, and solid waste diversion. On or before February 1, 2009, and annually on or before February 1 of each calendar year thereafter, requires the department to submit a report to the standing committee of reference in each house of the general assembly exercising jurisdiction over matters concerning public health and the environment. Specifies the required content of the report.
Requires the department to hold any information or data submitted to it by solid waste entities as confidential business information upon request of the submitting entity if the information or data satisfies the statutory definition of trade secret. Places the burden of proving that the information or data is protected as a trade secret on the party asserting the claim.
Appropriates $3,307,565 and 4.8 FTE to the department for the implementation of the act. Specifies that $2,482,565 shall be from moneys in the fund and $825,000 shall be from moneys in the solid waste management fund. Appropriates $732,565 and 0.2 FTE to the department of local affairs from moneys in the waste tire cleanup fund for the implementation of the act.
APPROVED by Governor May 23, 2007
EFFECTIVE July 1, 2007
H.B. 07-1310 Certification of factory-built structures and installation of manufactured homes - scope of regulation. Specifies, in both a legislative declaration and through substantive statutory changes, that state housing board rules and division of housing programs relating to certification of factory-built structures and installation of manufactured homes apply only to work performed in the factory or installation performed at the site using components shipped with a factory-built structure or manufactured home.
APPROVED by Governor April 9, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1311 Sunrise review process - elimination of deadlines - shortened review period - exceptions - appropriation. Modifies the sunrise review process for analyzing proposals to regulate an unregulated professional or occupational group as follows:
● Eliminates the requirement that proponents of a proposal to regulate an unregulated occupation or profession submit an application and supporting information to the department of regulatory agencies (department) by December 1 of a given year in order to have a review conducted by the department in the next year.
● Requires the department to issue a report of its analysis and evaluation of the proposed regulation within 120 days after submittal of the proposal, rather than by October 15 of the year following the year in which the proposal was submitted.
● Allows the department to decline to review the proposal if the proposal appears to regulate fewer than 250 individuals; the department previously reviewed the same profession or occupation and it appears that the department's recommendations in the prior review would not change; or a majority of states regulate the same profession or occupation.
● Requires the department to promptly notify the proponents and the general assembly and recommend regulation of a profession or occupation if documentation indicates that the unregulated profession or occupation poses an imminent threat to public health, safety, or welfare.
● Repeals the prohibition against the general assembly's consideration of the regulation of more than 5 occupations or professions during any one session of the general assembly.
● Allows proponents who receive a notice that the department will not conduct a review of its proposal or that the profession or occupation poses an imminent threat to the public to request legislation to regulate the profession or occupation during the next 2 regular sessions of the general assembly following issuance of the notice and, if the notice is issued during a regular session of the general assembly, during that session.
Appropriates $62,122 and 1.0 FTE to the department of regulatory agencies for allocation to the executive director's office for implementation of the act.
APPROVED by Governor May 30, 2007
EFFECTIVE May 30, 2007
H.B. 07-1314 Public benefits - proof of lawful presence - rules. Requires the executive director of the department of revenue to issue permanent rules providing for additional forms of identification recognized by the federal government and a waiver exemption process for persons applying for federal or state or local public benefits. Specifies that emergency rules issued prior to March 1, 2007, remain in effect until new rules are promulgated.
APPROVED by Governor March 1, 2007
EFFECTIVE March 1, 2007
H.B. 07-1335 State medical and dental group benefits plans - supplemental state contributions for lower-income state employees - pilot disease management program - appropriations. Reallocates tobacco litigation settlement moneys allocated pursuant to Senate Bill 07-097 to supplement the state contribution to the medical benefit plan premiums of all state employees to:
● Supplement the state contribution to the group medical or dental benefit plan premiums of lower-income state employees who have at least one dependent other than a spouse; and
● Pay the costs of increased nonsupplemental state contributions resulting from increased enrollment of lower-income state employees and their dependents in state medical and dental group benefits plans.
If available funding is insufficient to fully fund both increased nonsupplemental state contributions and supplemental state contributions up to specified limits, prioritizes funding first to pay the costs of increased nonsupplemental state contributions and thereafter to provide supplemental state contributions prioritized by means-testing for three income-based tiers of lower-income state employees.
Defines the class of state employees eligible for supplements and other terms. Specifies the supplement application process.
Establishes a pilot disease management program in the department of personnel. Requires the program to include, but not be limited to, a pilot childhood asthma program aimed at eliminating access barriers to care for lower-income state employees and their dependents who have had at least one asthma-related hospital admission or emergency room visit.
For the 2007-08 fiscal year, appropriates $100,135 of state general fund moneys that would otherwise be appropriated to the controlled maintenance trust fund to the department of personnel, division of human resources to pay the administrative costs of the supplemental state contribution program. For the 2007-08 fiscal year, appropriates $160,000 from the short-term innovative health program grant fund to the department of personnel for the pilot disease program.
APPROVED by Governor May 31, 2007
EFFECTIVE May 31, 2007
H.B. 07-1336 Reporting requirements to the general assembly - repeal. Repeals the requirement for periodic reports to the joint budget committee and the senate and the house of representatives judiciary committees from the department of human services and the division of criminal justice in the department of public safety concerning the intensive treatment management pilot program for juvenile offenders.
Repeals the requirement for periodic reports to joint meetings of the senate judiciary committee and the house of representatives civil justice and judiciary committee and criminal justice committee from the division within the department of human services that is responsible for mental health services and the division of criminal justice within the department of public safety regarding standardized screening procedures for mental illness in persons involved in the adult criminal justice system.
Repeals the requirement for periodic reports to the house of representatives and the senate education committees by the department of education concerning the family literacy education grant program.
Repeals the requirement for periodic reports from the Colorado commission on higher education to the health, environment, welfare, and institutions committees of the house of representatives and the senate concerning the early childhood professional loan repayment program.
Repeals the requirement for periodic reports from the Colorado school of mines to the joint budget committee and the senate and the house of representatives education committees concerning resident and nonresident tuition increases and the institution's operations under the performance contract negotiated with the Colorado commission on higher education.
Repeals the requirement for periodic reports from the department of personnel to the capital development committee concerning vacant facility management plans and updates.
Repeals the requirement for periodic reports to the senate state, veterans, and military affairs committee and the house of representatives information and technology committee from the statewide internet portal authority (authority) regarding the fiscal year operating and financial statement of the authority.
Repeals the requirement for periodic reports to the joint budget committee by the department of human services concerning the revenues and expenditures of the state pursuant to the federal "Social Security Act".
Repeals the requirement for periodic reports to the general assembly by the department of human services concerning the "Child Mental Health Treatment Act" and information collected pertaining to mental health services under the act.
APPROVED by Governor May 10, 2007
EFFECTIVE May 10, 2007
H.B. 07-1340 Victim's rights - attack on judgment - petition to terminate sex offender registration - community corrections review. Clarifies that an attack on a judgment or conviction is a critical stage for victims' rights purposes if a hearing on the attack is scheduled. Clarifies that a victim does not need to make a written request to be notified of a hearing on an attack on a judgment or conviction.
Provides a victim of a sex crime the right to be informed of the filing of a petition by the perpetrator to terminate sex offender registration.
Requires the department of human services, if it receives a written victim impact statement, to provide the statement to the community corrections review board when the defendant is referred for community corrections placement. Clarifies that the victim must make a written request to receive information from the department of human services or the state hospital related to the person who committed the crime against the victim.
APPROVED by Governor May 14, 2007
EFFECTIVE May 14, 2007
H.B. 07-1342 Integrated project delivery methods - state, county, and municipal governments and specified special districts - contracts for public projects. Authorizes state agencies, county and municipal governments, and special districts organized under title 32, Colorado Revised Statutes (public entities), to award contracts for specified public projects using integrated project delivery (IPD) methods, or a project delivery method in which there is a contractual agreement between an agency and a single contract bidder for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
Authorizes public entities to prequalify participating contract bidders for IPD contracts. Specifies required elements of the request for qualifications. Where available, requires each participating entity to demonstrate to the applicable agency that it has access to and the use of an apprentice training program certified by the office of apprenticeship located in the employment and training administration in the United States department of labor or a comparable program for the training of apprentices and to demonstrate that specified subcontractors have access to and the use of the certified program or a comparable alternative.
Requires the public entities to prepare and announce a short list of contract bidders, from the contract bidders responding to the request for qualifications, determined to be most qualified to receive a request for proposal. Specifies elements that shall be used to evaluate the proposals and capabilities of participating entities in the case of an IPD contract to be entered into by a state agency, and specifies additional elements that may be included in the request for proposals for each IPD contract to be entered into by the state, or by a county, municipality, or special district. In the case of a contract to be entered into by a state agency, requires the agency responsible for the IPD contract to select, on the basis of any of the factors and subfactors specified in the act the participating entity whose proposal is most advantageous and represents the best overall value to the state.
After obtaining and evaluating proposals according to the criteria and procedures set forth in the request for proposals, authorizes an agency to accept the proposal that represents the best value to the agency.
Authorizes the public entity to establish supplemental provisions that are designed to implement the provisions of the act. Requires any such provisions to include provisions requiring agencies to maintain certain public project records in accordance with generally accepted cost accounting principles and standards.
APPROVED by Governor June 1, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1350 Address confidentiality program - creation - substitute address and mail forwarding for program participant - surcharge - address confidentiality program surcharge fund - post-enactment review - appropriation. Establishes the address confidentiality program (program) in the office of the secretary of state (secretary) to protect the confidentiality of the address of a relocated victim of domestic violence, a sexual offense, or stalking. Requires the secretary to designate a substitute address for a program participant and to receive and forward mail. Permits a participant to be served by mail. Provides a program participant with 5 additional days to respond to certain notices sent by mail. Requires the secretary to designate application assistance centers whose employees and volunteers may be application assistants.
Establishes application requirements. Requires the secretary to certify as a program participant any applicant who properly completes an application and certain other people identified in the application. Entitles a program participant to an address confidentiality program authorization card. Establishes the length of the program certification at 4 years and how it may end or be renewed.
Requires the department of revenue, through its local driver's license examination facilities, to provide certain information to a program participant relating to voter registration.
Requires a program participant to notify the secretary of certain information changes. Requires the secretary to cancel a program participant's certification in certain circumstances and establishes cancellation procedures.
Establishes that a program participant and not the secretary is responsible for requesting that a state or local government agency use a substitute address as the participant's residential, work, or school address when creating a new public record. Establishes when a substitute address may not be used. Creates a process whereby a state or local government agency may request the secretary to disclose a participant's actual address. Requires the secretary of state to establish an expedited process for disclosure to a criminal justice official or agency.
With certain exceptions, prohibits a program participant's actual address from being used in a public record. Establishes when a program participant's actual address may be disclosed in a proceeding before a court or administrative tribunal.
Requires the secretary to adopt rules in carrying out the program.
Clarifies that program participation does not affect an order relating to the allocation of parental responsibilities or parenting time. Prohibits program participation from being considered as evidence of domestic violence, a sexual offense, or stalking, or from generally being considered for purposes of making an order allocating parental responsibilities or parenting time.
Creates a $28 surcharge to be paid by offenders who commit crimes of domestic violence or stalking. Requires the moneys collected from the surcharge to be used to pay the costs of the program. Establishes the order of crediting a payment for the surcharge in relation to other surcharges, fees, or payments. Permits the general assembly to appropriate additional general fund moneys for the costs of the program, but only if the moneys in the address confidentiality program surcharge fund are otherwise insufficient to cover the costs of the program.
2 years after the act becomes law, requires the legislative service agencies of the general assembly to conduct a post-enactment review of the implementation of the act.
Appropriates $109,789 and 1.5 FTE to the department of state for the implementation of the act.
APPROVED by Governor May 31, 2007
EFFECTIVE May 31, 2007
H.B. 07-1356 Technical modifications - statutory provisions governing reporting of gifts and honoraria - lobbyist disclosure - statutory rules of conduct - campaign contributions - article XXIX of state constitution. Makes technical modifications to statutory provisions concerning the reporting of gifts and honoraria, lobbyist disclosure, the rules of conduct for governmental officials and employees, and campaign contributions to members of the general assembly and the governor during the regular session to conform those provisions with the requirements of article XXIX of the state constitution as required by said article.
VETOED by Governor June 1, 2007
H.B. 07-1359 Tobacco litigation settlement moneys - allocation for health care supplemental appropriations and overexpenditures. Creates the health care supplemental appropriations and overexpenditures account (account) in the tobacco litigation settlement cash fund (cash fund). Requires the state treasurer to credit $24,400,000 of the April 2007 tobacco litigation settlement payment to the account. Allows up to $6,200,000 of the moneys credited to the account to be used only for overexpenditures or supplemental appropriations to the children's basic health plan trust for the 2006-07 and 2007-08 fiscal years or, to the extent not needed for that purpose, for overexpenditures or supplemental appropriations for the Colorado benefits management system (CBMS) for the 2006-07 and 2007-08 fiscal years. Allows all other moneys credited to the account to be used only for overexpenditures or supplemental appropriations for the CBMS for the 2006-07 and 2007-08 fiscal years.
Requires overexpenditures made from the account to be made pursuant to, and subject to the requirements of, an existing overexpenditures statute. If the general assembly does not enact a supplemental appropriation for the full amount of an overexpenditure during the next regular session following the overexpenditure, requires the reversion of the unreleased portion of the succeeding fiscal year's appropriation restricted as required by the existing overexpenditures statute to revert to the cash fund and be allocated in accordance with specified statutes. Requires any moneys in the account not approved for overexpenditure or appropriated by April 15, 2008, to revert on April 16, 2008, to the tobacco litigation settlement cash fund for allocation in accordance with specified statutes.
Without changing the overall allocation of tobacco litigation settlement moneys to tobacco settlement programs, requires $15,400,000 of tobacco litigation settlement moneys received by the state in any fiscal year from the strategic contribution fund created under the terms of the tobacco litigation master settlement agreement to be allocated for tobacco programs in the fiscal year in which they are received by the state rather than in the next fiscal year like other tobacco litigation settlement moneys. Makes appropriations.
APPROVED by Governor June 1, 2007
EFFECTIVE June 1, 2007
H.B. 07-1365 Public employees' retirement association - employer - Colorado consortium for earth and space science education. Includes the Colorado consortium for earth and space science education, also known as the challenger learning center of Colorado, in the definition of "employer" for purposes of the public employees' retirement association.
APPROVED by Governor June 1, 2007
EFFECTIVE June 1, 2007
H.B. 07-1373 Public employees - maximum monthly salary - adjustments. Requires the state personnel director to adjust the maximum amount of salary that may be paid to certain state employees in accordance with the greater of the change in the employment cost index or the percentage increase in state general fund appropriations rather than the lesser of the change in the consumer price index or the percentage increase in state general fund appropriations. Specifies that in no event shall the maximum salary amount exceed the maximum found in the market as determined by the annual compensation survey.
APPROVED by Governor June 1, 2007
EFFECTIVE July 1, 2008
H.B. 07-1377 Public employees' retirement association - institutions of higher education - employee eligibility. Repeals the eligibility, currently set to commence on January 1, 2008, for an employee of a state college or university or an institution under the control of the board of regents of the university of Colorado to participate in the defined benefit or defined contribution plan established by the public employees' retirement association (association) or the state defined contribution plan.
Makes an employee of a community college governed by the state board for community colleges and occupational education who is hired on or after January 1, 2008, and who has not been a member of the association during the 12 months prior to the date that he or she commences employment, a member of the association with the choice to participate in the defined benefit or defined contribution plan established by the association.
APPROVED by Governor June 1, 2007
EFFECTIVE January 1, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
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