S.B. 08-1 Public safety - schools - school safety resource center - appropriation. Creates in the department of public safety ("department") the school safety resource center ("center") to assist schools in preventing, preparing for, responding to, and recovering from emergencies and crisis situations. Sets forth the duties of the center. Authorizes the center to employ staff. Authorizes the department to contract for services to fulfill the duties of the center.
Creates in the department the school safety resource center advisory board ("advisory board") to recommend the policies of the center. Describes the members of the advisory board, including the appointing authority of each member. Repeals the advisory board following sunset review in 2017.
Requires the director of the center to report to the executive director of the department concerning the efficacy and value of the services provided by the center to schools. Requires the executive director of the department to report to the education and judiciary committees of the house of representatives and senate concerning the efficacy and value of the services provided by the center to schools.
Appropriates from the general fund to the department $466,336 and 6.0 FTE, or so much thereof as may be necessary, for implementation of the act.
APPROVED by Governor May 13, 2008
EFFECTIVE May 13, 2008
S.B. 08-4 State employment - persons with developmental disabilities - appropriation. Creates the state employment program for persons with developmental disabilities ("program") within the department of human services. Directs the executive directors of the department of human services and the department of personnel ("executive directors") to convene a working group to study and recommend how the state's policies and practices in employing, supervising, and supporting persons with developmental disabilities may be improved to implement the program. Directs the working group to make recommendations to the executive directors by January 1, 2009.
If the working group recommends that statutory or constitutional changes may be necessary to implement the program, prohibits the department of human services and the department of personnel from implementing the program until the general assembly has rejected the proposed changes or until the proposed changes have become law. Requires the state board of human services and the state personnel board to promulgate rules as necessary for implementation of the program. Following adoption of the rules, directs the department of human services, in collaboration with the department of personnel, to implement the program and to provide information to state agencies to explain and promote the program. Encourages each state agency to participate in the program.
Appropriates $34,293 from the general fund to the department of human services, for allocation to the division of vocational rehabilitation, for implementation of the act.
APPROVED by Governor June 5, 2008
EFFECTIVE June 5, 2008
S.B. 08-26 Public safety - fire safety - cigarettes - reduced ignition propensity standards - appropriation. Requires all cigarettes sold in Colorado on or after July 31, 2009, to be tested for, and to meet, specified standards for reduced ignition propensity. Specifies labeling to identify complying cigarettes. Prescribes the testing methods to be used. Requires manufacturers to certify in writing that their cigarettes have been tested and meet the standards.
Prescribes penalties for failure to properly test cigarettes, to maintain records of such tests for at least 3 years, or to sell cigarettes that do not meet the standards. Grants primary authority over the administration and enforcement of the testing and certification program to the division of fire safety in the department of public safety (division). Gives additional enforcement authority to the attorney general and the department of revenue.
Imposes certification fees on cigarette manufacturers to defray the costs of the program. Creates a fund, known as the reduced cigarette ignition propensity standards and firefighter protection act enforcement fund, into which such fees and penalty assessments are to be deposited and from which the division may support processing, testing, enforcement, and oversight activities.
Designates noncomplying cigarettes sold or offered for sale after July 31, 2009, as contraband under the criminal forfeiture statutes. Exempts cigarettes intended only for sale outside the state. Preempts conflicting local regulations.
Appropriates $30,532 and 0.3 FTE to the department of public safety, for allocation to the division of fire safety, for the implementation of this act.
APPROVED by Governor May 28, 2008
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.
S.B. 08-39 Wild land-urban interface areas - training courses for directors of fire protection districts - pilot program - sunset review - appropriation. Directs the division of fire safety in the office of preparedness, security, and fire safety in the department of public safety (division) to establish a pilot program (program) to offer training courses to board members of fire protection districts whose territory includes wild land-urban interface areas. Specifies that the course subjects shall include strategic planning and community outreach on wild land-urban interface issues. Creates an advisory board to advise the division on course content and program implementation.
Directs the division to issue a certificate of wild land-urban interface fire safety to a board member of a fire protection district who successfully completes the training courses. Directs the division to offer the courses at no charge. Requires the division to seek gifts, grants, and donations to fund the program. Prohibits the division from implementing the program until sufficient gifts, grants, or donations are received to cover the costs. Specifies that no general fund moneys shall be expended on the program.
Directs the director of the division to report to the general assembly on the results of the program by July 1, 2010. Repeals the program in 2018 pending sunset review.
Appropriates $12,400 to the division for implementation of the act.
APPROVED by Governor May 28, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-78 State historical fund - grant distribution standards - sustainable solutions. Requires the state historical society and the cities that distribute grant moneys from the state historical fund to adopt standards for the distribution of the moneys that allow the appropriate use of sustainable solutions such as environmentally sensitive and energy efficient windows, insulating materials, and heating and cooling systems as long as the use of the sustainable solutions does not adversely affect the appearance or integrity of a historic property.
APPROVED by Governor March 19, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-81 Renewable energy authority - duties. Clarifies the duties of the Colorado renewable energy authority ("authority"). Clarifies the manner in which the authority is required to report to the business affairs and labor committee of the house of representatives and the business, labor, and technology committee of the senate concerning the results achieved by an energy research project. Repeals the requirement that the authority remit to the state treasurer 50% of any revenues received by the authority as a result of the licensing of any patent, trademark, or copyright. Allows the director of the national renewable energy laboratory and the presidents of the Colorado school of mines, Colorado state university, and the university of Colorado to appoint designees to the board of directors of the Colorado renewable energy authority.
APPROVED by Governor April 10, 2008
EFFECTIVE April 10, 2008
S.B. 08-102 Recycling resources economic opportunity fund - moneys for grant program oversight - appropriation. Permits moneys from the recycling resources economic opportunity fund to be expended for the purpose of grant program oversight for recycling resources economic opportunity activities.
For the fiscal year beginning July1, 2008, increases by 1.0 FTE the appropriation made to the department of public health and environment in the annual general appropriation act.
APPROVED by Governor May 20, 2008
EFFECTIVE May 20, 2008
S.B. 08-107 Enterprise zone program - audit by state auditor - frequency. Eliminates the requirement that the state auditor conduct an audit of the enterprise zone program at least once every 5 years, and specifies that the state auditor shall conduct an audit of the enterprise zone program and submit an audit report to the governor and the general assembly at the discretion of the state auditor and the legislative audit committee.
APPROVED by Governor March 19, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-122 Disclosure of wage information by employee - discrimination prohibited. Makes it a discriminatory or unfair labor practice for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with an employee because the employee inquired about, disclosed, compared, or otherwise discussed wages; to require as a condition of employment nondisclosure by an employee of his or her wages; or to require an employee to sign a waiver denying the employee the right to discuss wages. Exempts employers who are exempt from the "National Labor Relations Act".
APPROVED by Governor April 17, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-127 Tobacco litigation settlement cash fund expenditures for Colorado benefits management system - extension of deadline. Extends the deadline for expending moneys for the Colorado benefits management system from the health care supplemental appropriations and overexpenditures account of the tobacco litigation settlement cash fund.
APPROVED by Governor April 10, 2008
EFFECTIVE April 10, 2008
S.B. 08-147 State-assisted facilities - energy efficiency. Repeals an exemption for facilities constructed with mineral impact revenues from the requirement that state-assisted facilities be designed, constructed, and renovated pursuant to a high performance standard certification program. Authorizes the department of personnel (department) to rely on any national or locally appropriate fuel escalating methodology approved by the department in performing life-cycle cost analyses.
Directs the state board of housing to adopt a nationally recognized high energy performance building standard program for publicly assisted housing projects and to report annually on the program to the general assembly. Allows the executive director of the department of local affairs to exempt a particular publicly assisted housing project from the program based on extenuating circumstances.
APPROVED by Governor May 27, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-155 State information technology resources - management - office of information technology - chief information officer - transfer of functions to office - responsibilities of office - technology coordination - supervision of state agency chief information officers - information technology revolving fund - appropriation. Transfers the rights, powers, duties, property, and functions of the following executive branch state agencies (state agencies) to the office of information technology (office) in the governor's office:
● The general government computer center from the department of personnel;
● Telecommunications coordination from the department of personnel;
● The office of the chief information security officer.
Limits the office's oversight to information technology (IT) in the state agencies and not the legislative or judicial departments, the department of law, the department of state, the department of the treasury, or state-supported institutions of higher education.
Specifies that the employees of those state agencies transferred to the office whose employment is deemed necessary by the chief information officer of the office (CIO) shall become employees of the office.
Requires the office to coordinate with and provide assistance, advice, and expertise in connection with business relationships between state agencies and private sector providers of IT resources. Specifies that the office oversees and supervises the maintenance of IT and the initiation of any IT updates or projects and initiates all procurements of IT resources for state agencies and enters into the agreements or contracts in connection with those procurements.
Consistent with the office's overall responsibility for IT project oversight and procurement for state agencies, eliminates the provisions governing and distinguishing major automation system development projects.
Exempts emergency acquisitions or purchases of IT resources by the office from the state procurement code. Requires the CIO to promulgate rules specifying the criteria for those acquisitions and purchases. Requires the CIO to report annually to the state, veterans, and military affairs committees of the senate and house of representatives and the joint budget committee on emergency acquisitions or purchases of IT resources made in the preceding fiscal year.
Requires state agencies to cooperate with the office in developing and implementing processes for the sharing of data and information with the office and between state agencies. Directs the office to determine and implement statewide efforts to standardize IT resources and determine ownership of IT resources among state agencies.
Requires the CIO to prepare and submit budget requests for all IT resources to be utilized by state agencies and to develop policies and procedures for state agency requests for IT procurements of any amount, instead of those exceeding $100,000. Adds to the duties and responsibilities of the CIO supervision of the chief information security officer and the authorization to hire or retain contractors, subcontractors, advisors, consultants, and agents that are deemed advisable or necessary.
Makes the position of CIO a member of the governor's cabinet.
Transfers the chief information officer of each state agency on July 1, 2008, and certain employees of those state agencies to the office by July 1, 2012, and makes each an employee of the office. Specifies that each chief information officer transferred to the office may continue to act as the chief information officer for the state agency from which he or she was transferred. Makes each chief information officer subject to the immediate supervision of the CIO. Requires the CIO and the executive director and chief information officer of each state agency to determine which positions and functions affiliated with the management and administration of the state agency's IT resources and enterprises will be transferred to and centralized in the office. Directs that employees supporting the IT functions of a state agency continue under the supervision of that state agency's chief information officer until the CIO determines it is necessary for those positions or functions to come under the control and supervision of the office. Specifies that a transferred chief information officer and the employees under the supervision of that chief information officer may continue operations at the location of the information officer's state agency.
Transfers all duties and responsibilities for statewide geographic information system coordination from the department of local affairs to the office. Directs the office to develop a statewide geographic information system plan by July 1, 2010, and to submit the plan to the governor and to the state, veterans, and military affairs committees of the senate and the house of representatives.
Establishes the information technology revolving fund. Requires the office to develop and implement a method for billing users of the office's services by July 1, 2013. Requires moneys in the revolving fund to be continuously appropriated to the office to pay the costs of consolidation and information technology maintenance and upgrades. Requires that any moneys appropriated from the general fund to the office or a state agency for the 2008-09 fiscal year and for each fiscal year thereafter for the procurement of information technology resources or major automation system projects, which moneys are unexpended or unencumbered as of the close of the fiscal year as a result of savings achieved by the office or state agency in connection with such procurements, shall not revert to the general fund and shall be transferred to the revolving fund.
Makes adjustments to the 2008 long appropriations act (House Bill 08-1375) for the implementation of the act. Specifies that those adjustments are contingent on House Bill 08-1375 becoming law.
APPROVED by Governor May 22, 2008
EFFECTIVE May 22, 2008
NOTE: House Bill 08-1375 was signed by the governor April 28, 2008.
S.B. 08-156 Department of natural resources - division of wildlife - unclaimed warrants drawn from wildlife cash fund - cancellation. Specifies that a warrant drawn from the wildlife cash fund (fund), other than a warrant refunding a license fee submitted as part of an unsuccessful license application, that has not been presented to the state treasurer for payment by the last working day in June of the fiscal year following the fiscal year in which the warrant was drawn shall be scheduled for cancellation and credited to the fund. States that the law directing such a warrant to be credited to the fund shall control over the "Unclaimed Property Act".
APPROVED by Governor May 22, 2008
EFFECTIVE May 22, 2008
S.B. 08-184 Colorado clean energy finance program and rural clean energy project finance program - creation - appropriation. Creates the Colorado clean energy finance program (program) to provide below market-rate clean energy loans in amounts of up to $12,500 to homeowners and up to $12,500 per qualifying housing unit to nonprofit corporations or local government housing authorities that provide units in a multi-unit housing project as homes to individuals or families whose income is less than 120% of area median income for the purpose of financing home repairs, additions, or improvements to be performed by or under the supervision of certified contractors that will improve the energy efficiency of homes or allow homes to use more energy from renewable rather than nonrenewable sources (clean energy improvements). Specifies the process by which potential qualified borrowers may apply for clean energy loans, and requires the state treasurer to set 3 different interest rates for clean energy loans for 3 income-based tiers of qualified borrowers based on a formula tied to a regularly published interest rate index selected by the state treasurer. Requires the governor's energy office (office) to:
● Oversee the program;
● Select a program administrator (administrator), which can be a single entity or more than one entity, to market the program; recruit, train, and certify contractors; measure and verify energy, emissions, and gross and net costs savings resulting from clean energy improvements financed by clean energy loans; and encourage homeowners to participate in utility demand-side management programs where applicable;
● Develop and operate or contract with the administrator for the development and operation of a quality assurance, measurement, and verification program for the program; and
● Determine, in consultation with the state treasurer, when the administrative and procedural framework for the program and the available administrative and financial resources for the program are sufficiently developed to allow the office to effectively oversee the program.
Creates a clean energy program fund (program fund) and creates loan buy-down and loan loss reserve accounts within the program fund. Specifies that the program fund and accounts shall consist of moneys appropriated thereto from the clean energy fund by the general assembly and any gifts, grants, or donations that may be made to the program fund. Requires interest and income earned on the deposit and investment of moneys in the program fund and accounts to be used for the loan buy-down account and the loan loss reserve account.
Continuously appropriates all moneys in the program fund to the office, and requires the office to expend moneys in the loan buy-down account to buy down the interest rate on clean energy loans issued to income-qualified borrowers and to expend moneys in the loan loss reserve account to compensate lenders for losses from uncollectible clean energy loans written off by the lenders. Requires the state treasurer to periodically transfer moneys from the loan buy-down account to the loan loss reserve account to ensure that the balance of the loan loss reserve account is maintained at at least 5% of the total principal amount of outstanding clean energy loans.
Allows the state treasurer to invest up to $30,000,000 in bonds or notes issued by lenders participating in the program for the purpose of funding clean energy loans during the 2008-09, 2009-10, and 2010-11 fiscal years, but allows only $10,000,000 to be invested during the 2008-09 fiscal year and only a total of $20,000,000 to be invested during the 2008-09 and 2009-10 fiscal years. Requires the administrator to recruit, select, screen, train, and certify contractors and issue annual reports regarding its administration of the program. Specifies an annual deadline for and information to be included in the annual reports, and also specifies an annual deadline for the office to report to specified committees of the general assembly regarding the program.
Creates the rural clean energy project finance program. Allows an "eligible applicant", defined as an individual property owner or a group of property owners that do not own the entirety of a cooperative electric association and that seek to construct, expand, or upgrade an eligible clean energy project located or to be located on the individual's or group's property, to apply to the board of county commissioners of the county or city and county in which it proposes to construct, expand, or upgrade an eligible clean energy project (board) for assistance in the financing of the project. Defines an "eligible clean energy project" as a project owned by an eligible applicant that produces or transmits clean energy for public benefit only, has a nameplate rating of no more than 50 megawatts and is not a part of a larger project with a nameplate rating of more than 50 megawatts, and is located within the certificated service area of a cooperative electric association, and specifies that such a project also includes transmission lines to the point of entry to the power grid of a cooperative electric association, a generation and transmission electric corporation or association, or any federal agency and any other equipment or facility, including, but not limited to, substation upgrades needed to deliver the clean energy produced by an eligible clean energy project to a market.
Subject to requirements and limitations specified in certain federal and state statutes, allows a board that approves an eligible applicant's application for financing assistance to issue tax-exempt private activity bonds (bonds) in a minimum amount of $1,000,000 on behalf of the eligible applicant. Requires a board that issues bonds to do so subject to the following requirements and limitations:
● The execution of an agreement between the board and the eligible applicant under which the board agrees to loan the net proceeds of the bonds to the eligible applicant so that the eligible applicant can finance all or a portion of the eligible clean energy project and the eligible applicant agrees that it has the sole responsibility to repay bondholders and maintain any reserve deemed necessary by the board to ensure such repayment;
● Specification within the bonds that bondholders may not seek repayment of bonds from any county or city and county revenues and that the only sources of repayment are the eligible applicant's revenues, property, or credit enhancement; and
● A maximum bond repayment term of 10 years.
Clarifies that, because bonds are payable only from resources of an eligible applicant, they do not create county or city and county indebtedness or a multiple-fiscal year obligation and that a board may therefore issue bonds without voter approval. Requires an eligible applicant to set and charge rates for the delivery of clean energy produced by an eligible clean energy project that allow recovery of all costs necessarily incurred to deliver the clean energy to a market, including, but not limited to, the costs of substation upgrades, transmission lines to the point of entry of the power grid of a cooperative electric association, and any wheeling charges imposed by a cooperative electric association.
Appropriates 1.0 FTE to the office of the governor, for allocation to the governor's energy office, and specifies that the FTE shall be supported by moneys in the clean energy program fund and any gifts, grants, or donations made to the governor's energy office for the purposes of implementing the act.
APPROVED by Governor May 27, 2008
EFFECTIVE May 27, 2008
S.B. 08-200 Prohibitions against discrimination - expansion to include discrimination on the basis of sexual orientation - preservation of constitutional rights to free exercise of religion - composition of civil rights commission - appropriation. For purposes of membership on the Colorado civil rights commission by persons who are members of groups who have been or might be discriminated against, allows for the appointment of persons who have been or might be discriminated against because of sexual orientation.
Prohibits discrimination on the basis of sexual orientation in the following areas:
● Housing practices;
● Places of public accommodation other than churches, synagogues, mosques, and other places principally used for religious purposes;
● Publication of discriminative matter;
● Consumer credit transactions;
● Membership in labor organizations;
● Inclusion in public works projects;
● Issuance or renewal of policies of automobile insurance;
● Issuance of license to practice law;
● Sales of cemetery plots;
● Determination of whether expenses paid at or to a club that has a policy to restrict membership are tax deductible;
● The provision of funeral services;
● Enrollment or classification of students at private occupational schools;
● Eligibility for jury service;
● Enrollment in a charter school, institute charter school, public school, or pilot school for expelled students;
● Written local school boards of education policies regarding employment, promotion, and dismissal;
● The assignment or transfer of a public school teacher;
● Leasing portions of the grounds of, or improvements on the grounds of, the Colorado state university - Pueblo and the Colorado school of mines;
● Employment in the state personnel system;
● Availability of family planning services;
● Employment practices of county departments of social services involving selection, retention, and promotion of employees;
● Participation in the managed care program under the children’s basic health plan;
● Making or committing to make a housing facility loan by the Colorado housing and finance authority; and
● Imposition of a discriminatory occupancy requirement on charitable property for which the owner is claiming an exemption from property taxes based on the charitable use of the property.
Adds prohibitions against discriminating on the basis of sex, marital status, disability, age, national origin, ancestry, and religion, as necessary, for consistency in antidiscrimination laws.
Amends section 2 (1) (j) of House Bill 08-1375, providing for the payment of the expenses of the executive, legislative, and judicial departments of the state of Colorado for the fiscal year beginning July 1, 2008 (general appropriations act), to prohibit the payment of moneys appropriated through the general appropriations act to any person or entity that restricts employment or membership on the basis of sexual orientation.
Appropriates $81,805 from the general fund to the department of regulatory agencies for the implementation of the act, with $60,073 of said amount allocated to the executive director's office for legal services and $21,732 allocated to the civil rights division for enforcement of prohibitions against discrimination.
States that the section amending section 12-54-303 (1) (b) shall take effect only if House Bill 08-1123 is enacted and becomes law.
APPROVED by Governor May 29, 2008
EFFECTIVE May 29, 2008
NOTE: House Bill 08-1123 was postponed indefinitely in senate committee on appropriations.
S.B. 08-206 Lease-purchase agreements - state justice center - Colorado state museum - increase filing fees - justice center cash fund - appropriation. Authorizes the state to enter into lease-purchase agreements for development and construction of a state justice center and a new Colorado state museum. Authorizes an increase in civil filing fees to be deposited in a new justice center cash fund ("fund"). Provides that a portion of the costs associated with the design, construction, and lease-purchase payments for the new state justice center shall be paid from the fund. Provides for a transfer of moneys from the fund to pay for the relocation of the state museum currently located on the same block as the site of the new state justice center. Provides that a portion of the costs associated with the design, construction, and lease-purchase payments for the new state museum shall be paid from the portion of the state historical fund not reserved for the statewide grant program.
Appropriates $18,000,000 from the state museum cash fund to the state historical society for the initial phase of capital construction costs for the new Colorado state museum.
APPROVED by Governor June 4, 2008
EFFECTIVE June 4, 2008
S.B. 08-215 Facilities and infrastructure - telecommunications - broadband service - statewide map - inventory - appropriation. Directs the chief information officer of the office of information technology, in consultation with the governor's innovation council, to identify broadband service areas within Colorado and to develop a map of such areas, with the goal of using the map to help plan the deployment of broadband service to unserved areas of the state. Uses the map as the basis for an inventory of existing and potential service areas. Calls upon the chief information officer to make the inventory available to the general assembly by April 1, 2009, and to publish the aggregate data on which the inventory is based by posting the information on a publicly available web site.
Requires the chief information officer to hold at least 4 public meetings and consider comments submitted by members of the public in preparing the inventory. Directs the office of information technology to solicit gifts, grants, and donations to pay for the meetings and the preparation of the inventory but, if the amounts received in the form of gifts, grants, and donations as of September 1, 2008, are not sufficient to fund these efforts, authorizes the expenditure of up to $100,000 from the high cost support mechanism administered by the public utilities commission.
Exempts from disclosure under the Colorado open records act any proprietary information submitted by private entities in connection with the inventory.
Appropriates $21,000 and 0.1 FTE to the governor's office, for allocation to the office of information technology, for the implementation of the act.
APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008
S.B. 08-231 Work force development council - transfer to department of labor and employment - appropriations. Transfers the state work force development council from the department of local affairs to the department of labor and employment.
Makes the following appropriations to the department of labor and employment, division of employment and training, for the implementation of the act:
● $466,016 and 4.0 FTE, from the appropriation made from the annual general appropriation act for the fiscal year beginning July 1, 2008, to the department of local affairs, executive director's office, for the work force development council; and
● $870,000 and 1.0 FTE, from the appropriation made from the annual general appropriation act for the fiscal year beginning July 1, 2008, to the department of local affairs, executive director's office, for work force improvement grants. Specifies that, of said sum, $20,000 shall be cash funds from donations, and $850,000 and 1.0 FTE shall be from federal funds.
APPROVED by Governor May 27, 2008
EFFECTIVE July 1, 2008
H.B. 08-1001 Office of economic development - bioscience research - appropriation. Eliminates in the bioscience discovery evaluation grant program ("program") provisions concerning federal agency small business innovation research programs, federal agency small business technology transfer programs, and biofuel research. Adds early-stage bioscience companies as possible recipients of program grants. Specifies which portion of moneys appropriated to the bioscience discovery evaluation cash fund ("cash fund") shall be used to provide grants to offices of technology transfer at research institutions and which portion of moneys shall be used to provide grants to early-stage bioscience companies. Allows an office of technology transfer that receives a grant under the program to designate a party to present the office's bioscience research project to elementary and secondary school science teachers who are employed in the geographic region in which the technology is being developed.
For the 2007-08 fiscal year, appropriates $5,500,000 from the general fund to the cash fund for the implementation of the program. For the 2008-09 fiscal year, transfers $4,500,000, and for each of the 2009-10, 2010-11, and 2011-12 fiscal years, transfers $5,500,000 from the general fund portion of the limited gaming fund to the cash fund for the implementation of the program.
APPROVED by Governor April 24, 2008
EFFECTIVE April 24, 2008
H.B. 08-1017 State reptile. Designates the western painted turtle as the state reptile of the state of Colorado.
APPROVED by Governor March 18, 2008
EFFECTIVE March 18, 2008
H.B. 08-1025 Governor's energy office - creation - duties. Statutorily creates the governor's energy office within the office of the governor. Specifies that the director is the head of the office. Establishes duties and powers of the office and the director.
APPROVED by Governor March 18, 2008
EFFECTIVE March 18, 2008
H.B. 08-1029 State lottery division - Colorado or multistate prize reserves - definition of cash prize. Adds expenditures made to fund Colorado or multistate prize reserves to the definition of cash prize.
APPROVED by Governor March 17, 2008
EFFECTIVE March 17, 2008
H.B. 08-1047 Procurement - source selection - contract formation - set aside for all persons with severe disabilities. Creates a set aside program in state procurement for all persons with severe disabilities. Allows any nonprofit agency that is interested in performing state services and that would like to bid on solicitations for such services through the set aside program to apply to the department of human services to become a self-certified vendor.
Directs the department of human services to accept applications from any nonprofit agency that seeks to become a self-certified vendor. To become a self-certified vendor, requires a nonprofit agency to certify, among other criteria, that it would be capable of hiring and would employ people to perform any service for which the nonprofit agency bids, and that of those people employed, a total of 75% would be persons with severe disabilities and a minimum of 20% would be persons with severe disabilities who have developmental disabilities.
Directs the department of human services to create and maintain a list of all nonprofit agencies that have attained self-certified vendor status and to make the list available to the department of personnel. Requires the department of personnel to distribute the list to each state agency. Directs the department of personnel to publish a list of the services that state agencies seek through services solicitations and to make the list available to nonprofit agencies on an annual basis.
As part of a nonprofit agency's application to become a self-certified vendor, requires the nonprofit agency to specify the tasks and activities that it is able to perform for state agencies based on the list created by the department of personnel. Directs the department of human services to review each application to become a self-certified vendor and to create a list of the types of tasks and activities that it deems appropriate for a self-certified vendor to perform. After creating the tasks and activities list, directs the department of human services to meet with the state purchasing director to determine the types of services solicitations that would involve some or all of the tasks or activities specified on the list and that could be successfully performed by self-certified vendors. Requires the department of human services to create a list of the types of services solicitations that it deems appropriate for a self-certified vendor to perform. Specifies that the list shall be referred to as the "services set aside list".
Requires the department of human services to provide the services set aside list to the state purchasing director. Requires the state purchasing director to provide the services set aside list to the purchasing director of each state agency and to make the list available to any nonprofit agency that is self-certified to bid on services solicitations.
Requires any state agency that intends to solicit bids for a service that is included on the services set aside list to first solicit bids from self-certified vendors for such service. Specifies procedures that the agency is required to follow in the event that 2 or more, one, or no self-certified vendors bid on the solicitation for the services.
Directs the department of personnel to establish a process whereby any state agency that intends to solicit bids for a service that is included on the services set aside list may solicit bids solely from self-certified vendors. Requires any state agency that has awarded a solicitation for services to a self-certified vendor, before the expiration of the contract, to renegotiate a fair and reasonable price for the services with the self-certified vendor that has performed the services for the state agency. Specifies the circumstances under which the state agency is permitted to solicit new bids for the services previously performed by a self-certified vendor.
Prohibits any state agency that is required to solicit bids for a service that is included on the services set aside list from bundling the service with one or more services before soliciting bids from self-certified vendors. Requires that any self-certified vendor that is awarded a solicitation for services comply with state and federal laws regarding employee compensation, employee protections, workers' compensation, and workplace safety.
APPROVED by Governor June 5, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1048 State emblems - size of state seal. Establishes that the size of the state seal shall be specified by the secretary of state.
APPROVED by Governor March 18, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1056 Driver's license database - emergency contact information. Directs the department of revenue (department) to place a form on its official web site by January 1, 2009, allowing a person with a driver's license or state identification card to input the names and contact information of persons to be contacted in an emergency. On and after January 1, 2009, requires the department to include on the application forms for driver's licenses, instruction permits, and state identification cards a place for the applicant to specify the names and contact information of persons to be contacted in an emergency. Directs the department to add emergency contact information received from the web site or on an application to the person's record in the driver's license database.
Authorizes an officer of a law enforcement or public safety agency who is authorized to access the driver's license database to:
● Obtain a person's emergency contact information from the driver's license database if the person is injured or killed as a result of an accident, criminal act, or other emergency situation; and
● Contact the persons listed in the emergency contact information and notify them of the emergency situation and the condition and location of the person who has been injured or killed.
Prohibits the department from disclosing a person's emergency contact information, except to the person or to an officer of a law enforcement or public safety agency.
APPROVED by Governor May 28, 2008
EFFECTIVE May 28, 2008
H.B. 08-1076 Criminal justice records - copies - fees. States that criminal justice agencies may assess reasonable fees, not to exceed actual costs, for the search, retrieval, and redaction of criminal justice records. Limits the amount that criminal justice agencies may charge for copies of criminal justice records to:
● 25¢ per standard page; or
● The actual cost of providing a copy, printout, or photograph of a criminal justice record in a format other than a standard page.
Applies the limit on fees for copies of criminal justice records to county and municipal criminal justice agencies.
States that the provision of the open records act on copies of criminal justice records does not apply to discovery materials that a criminal justice agency is required to provide in a criminal case pursuant to rule 16 of the Colorado rules of criminal procedure.
APPROVED by Governor April 14, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1078 Transfer to Colorado state veterans trust fund. Transfers $2,280,900 from the general fund to the Colorado state veterans trust fund. Specifies that the amount shall be retained as principal in the trust fund.
APPROVED by Governor May 16, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1082 Public records - sealing of criminal conviction records for offenses involving controlled substances - appropriation. Reduces the number of years from 15 to 10 that a person must wait before filing a petition to seal arrest and criminal records information pertaining to a criminal offense that was not charged or a case that was dismissed due to a plea agreement in a separate case. Requires a probation department under certain circumstances to advise a defendant of the right to seal criminal justice records.
Establishes a criminal justice record sealing procedure for convictions for offenses involving controlled substances. Permits a defendant, after 10 years following the completion of a sentence or release from supervision, whichever is later, to petition the district court to seal criminal conviction records information for an offense involving a controlled substance ("conviction records"). Prohibits the sealing of conviction records if the defendant still owes court-ordered restitution, fines, or fees. Specifies the procedure for sealing conviction records. Requires the court, in making the decision whether to seal conviction records, to weigh the privacy interests of the defendant against the public interest in retaining the conviction records as open records. Requires a defendant who successfully petitions a court for the sealing of conviction records to provide to the Colorado bureau of investigation ("bureau") and each custodian of the conviction records with a copy of the court's order to seal the conviction records and to pay to the bureau any costs related to the sealing of the conviction records in the custody of the bureau.
Prohibits employers and certain institutions and agencies from requiring an applicant to disclose information in sealed conviction records. Permits the bar committee of the state board of law examiners to make inquiries into the fact of a conviction that comes to the attention of the bar committee through other means. Permits any member of the public to petition a court to unseal any file that has been previously sealed upon a showing that circumstances have come into existence since the original sealing and, as a result, the public interest in disclosure now outweighs the defendant's interest in privacy.
Requires the office of the state court administrator to post on its web site a list of all petitions to seal conviction records that are filed with a district court. Prohibits a district court from granting a petition to seal conviction records until at least 30 days following the posting.
In regard to any conviction of a defendant resulting from a single case in which the defendant is convicted of more than one offense, prohibits the sealing of conviction records unless the records of every conviction of the defendant resulting from that case may be sealed.
Requires a defendant to be advised of the right to seal conviction records by the court, the probation department, and the defendant's parole officer under the appropriate circumstances.
Specifies that the conviction records sealing procedure shall apply to judgments of conviction entered on and after July 1, 2008. Permits the procedure to apply to judgments of conviction entered before July 1, 2008, with the consent of the prosecuting attorney and subject to the satisfaction of certain conditions by the defendant.
Specifies that court orders sealing conviction records shall not limit the operation of the rules of discovery or the rules of evidence promulgated by the supreme court of Colorado or any other state or federal court. Specifies that court orders sealing conviction records shall not limit the operation of the provisions of section 13-90-101, C.R.S., concerning witness testimony.
Appropriates $445,781 and 6.2 FTE from the judicial stabilization cash fund to the judicial department for the implementation of the act. Appropriates to the bureau $36,893 for the implementation of the act, which sum shall be from payments collected by the bureau from defendants for costs related to sealing conviction records.
APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008
H.B. 08-1088 Appropriations - unexpended and unencumbered moneys - expenditure in next fiscal year - specified cash funds. Specifies that at the end of any fiscal year, any moneys not expended or encumbered from any appropriation to the new jobs incentives cash fund, the film incentives cash fund, the state council on the arts cash fund, or the Colorado travel and tourism promotion fund shall remain available for expenditure in the next fiscal year by the commission, council, or board that administers the fund without further appropriation.
APPROVED by Governor March 13, 2008
EFFECTIVE March 13, 2008
H.B. 08-1097 Civil air patrol missions and state level emergencies - members of civil air patrol and qualified volunteers - job protection. Prohibits any employer from discriminating against or discharging from employment any member of the civil air patrol (member) because of such membership and from preventing any member from performing a civil air patrol mission for which the member is entitled to leave. Allows a member to seek civil action against an employer for a violation of the protections allowed to members.
Allows a member who is a state or local government employee and is called to duty for a civil air patrol mission to take a leave of absence from his or her employment without loss of pay or benefits during the period of the mission. After completion of service, entitles the member to return to the same position and classification held by the member before the leave of absence.
Allows a member who is employed on a nontemporary basis by a private employer and is called to duty for a civil air patrol mission to take a leave of absence from his or her employment during the period of the mission. Specifies that the leave shall be considered an absence with leave and without pay and shall not otherwise affect the benefits that the member receives in connection with his or her employment. After completion of service, requires the member's employer to restore the member to the same position or a position similar to the position that the member held before the leave of absence.
Limits the amount of leave to which a member is entitled to 15 work days annually, and requires the member to return to employment as soon as practicable after he or she is relieved of service for the civil air patrol.
Authorizes any county sheriff, the director of any local government, any local emergency planning committee, or any state agency (governmental entity) to develop and enter into a memorandum of understanding with one or more volunteer organizations to assist the governmental entity in providing services in the event of a disaster. Specifies the information that the memorandum of understanding may include and that national or statewide training and certification standards shall be used in the memorandum, if applicable to certain types of volunteers.
Directs the executive director of the department of local affairs (department) to create and maintain a list of volunteer organizations that shall be known as the "qualified volunteer organization list". Allows any governmental entity to nominate a volunteer organization with which it enters into a memorandum of understanding to be included on the qualified volunteer organization list.
States that a volunteer who is associated with a qualified volunteer organization is eligible to receive certain job protections and leave of absence benefits and be subject to governmental immunity if the volunteer is a qualified volunteer. Specifies the circumstances under which a volunteer shall be deemed a qualified volunteer
Allows any qualified volunteer who is a public employee and is called into emergency volunteer service by a volunteer organization to take a leave of absence from his or her employment without loss of pay or benefits during the period of the emergency volunteer service. After completion of emergency volunteer service, entitles the volunteer to return to the same position and classification held by the volunteer before the leave of absence.
Allows a qualified volunteer who is employed by a private employer and is called into service by a volunteer organization for a disaster to take a leave of absence from the qualified volunteer's employment, other than employment of a temporary nature, during the period of the emergency volunteer service. Specifies that the leave shall be considered an absence with leave and without pay and shall not otherwise affect the benefits that the volunteer receives in connection with his or her employment. States that the leave shall be allowed only if the volunteer is called into service for a disaster and provides proof that he or she is a qualified volunteer.
Limits the amount of leave to which a volunteer is entitled to 15 work days annually, and requires the volunteer to return to employment as soon as practicable after he or she is relieved of emergency volunteer service. Specifies that an employer shall not be required to provide leave pursuant to this section to more than 20% of the employer's employees on any work day and that an employer shall not be required to allow leave for any employee designated as an essential employee.
Requires the department to create a process for a governmental entity to nominate a volunteer organization to be included on the qualified volunteer organization list and a process to provide proof that a qualified volunteer provided volunteer services during a disaster. Clarifies that the act does not affect legal protections for volunteer firefighters or any preexisting intergovernmental agreement.
APPROVED by Governor April 24, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1102 Liquor enforcement division and state licensing authority cash fund - reversion of funds - reserve requirement. Specifies that any moneys remaining in the liquor enforcement division and state licensing authority cash fund at the end of each fiscal year shall remain in the fund and shall not revert to the general fund or any other fund. Requires the fund to be maintained in accordance with a statutory section related to cash funds, the limit on uncommitted reserves, and the reduction in amount of fees.
APPROVED by Governor March 31, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1108 Sales tax receipts distribution - older Coloradans cash fund. In all future state fiscal years, increases the amount allocated to the older Coloradans cash fund from the receipts collected from the state sales and use tax. Decreases the allocation to the general fund by an amount equal to the increase.
APPROVED by Governor May 20, 2008
EFFECTIVE July 1, 2008
H.B. 08-1112 Victims assistance and law enforcement fund - distribution of funds. Allows the division of criminal justice in the department of public safety to make distributions, with recommendations from the victims assistance and law enforcement fund ("fund") advisory board, from the fund directly to certain agencies without having to follow a grant process.
Allows certain agencies and organizations to apply for moneys through the fund grant process.
APPROVED by Governor March 13, 2008
EFFECTIVE July 1, 2008
H.B. 08-1179 Public employees' retirement association - distributions payable by association subject to legal process - tax distraints and liens - allegations of employee misconduct. Authorizes the department of revenue to collect by distraint distributions payable by the public employees' retirement association (association) to a member of the association (member) when the member is liable to pay any tax or license fee that is due to the state and that the member neglects or refuses to pay.
Prohibits a member who terminates membership with the association from receiving a refund of the member's contribution account if the association has been served with an order, injunction, or warrant that is applicable to the member contribution account based upon allegations of theft, embezzlement, misappropriation, or wrongful conversion of public property by the member, until a court order or the issuing authority releases the member contribution account from the order, injunction, or warrant.
APPROVED by Governor March 17, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1181 Procurement - purchase of compost by a governmental body. In addition to any other applicable requirement specified in the procurement code, prohibits a governmental body from purchasing compost unless the compost satisfies minimum standards specified by the department of agriculture.
APPROVED by Governor April 10, 2008
EFFECTIVE January 1, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1183 Economic development - performance-based incentives for new job creation - requirements. Modifies the performance-based incentive for new job creation program (program) as follows:
● Eliminates the specific dollar amount of the performance-based incentive for new job creation to which an employer is entitled based on the average wage of all new jobs created by the employer.
● Eliminates the requirement that an application for a performance-based incentive for new job creation include specified information regarding the new jobs that the employer created.
● Eliminates the duty of the Colorado economic development commission (commission) to establish certain deadlines in connection with the administration of the incentive program.
● Directs the commission to establish a procedure for employers to apply for a performance-based incentive and for the commission to issue payment of the incentive.
● Allows an employer that satisfies the same criteria for an employer to qualify for a grant or loan from the Colorado economic development fund to be eligible to receive a performance-based incentive from the commission from the moneys in the new jobs incentives cash fund.
● Directs the commission to issue incentives for new job creation to applicants at the commission's discretion, rather than in the order in which the commission received the applications, until the amount appropriated has been expended.
APPROVED by Governor May 20, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1189 Employees in the state personnel system - labor organizations - strikes or inciting strikes - prohibition. Prohibits any employee in the state personnel system or any labor organization, through formal action or through its agents, from inciting, encouraging, aiding, or participating in a strike, stoppage of work, slowdown, or interruption of operations by employees in the state personnel system.
APPROVED by Governor April 3, 2008
EFFECTIVE April 3, 2008
H.B. 08-1207 Procurement - environmentally preferable products. Repeals the requirement that the state procure environmentally preferable services and specifies that the environmentally preferable products preference does not apply to the purchase of services, including construction services. Requires a governmental body to award contract to a bidder who offers environmentally preferable products unless the specifications used in the solicitation contain environmentally preferable product criteria or selecting an environmentally preferable product would otherwise be disadvantageous to the state. Requires invitations for bids for products to describe the availability of the purchasing preference for environmental products. Bases the 5% ceiling for increased costs of procuring environmentally preferable products solely on the bid price and clarifies that the analysis of increased costs includes the costs of ownership and a life-cycle analysis. Directs the governor's energy office to maintain a list of entities that certify whether products are environmentally preferable.
APPROVED by Governor April 21, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1216 Consumer outreach and education program - creation - cash fund created - fines - office of insurance ombudsman plan - appropriation. Creates the consumer outreach and education program (program) in the department of regulatory agencies (department) for the purposes of informing consumers of their rights regarding regulated professions and occupations, decreasing regulatory violations, and ensuring public awareness of consumer protection information available from the department.
Creates the consumer outreach and education cash fund for the purpose of developing, implementing, and maintaining the program. Allows the executive director of the department to collect a surcharge on fines from violations related to regulated professions and occupations for transfer to the fund. Requires the executive director to report annually to the joint budget committee of the general assembly on expenditures from the fund.
Requires the commissioner of insurance to present a plan to the joint budget committee of the general assembly regarding the establishment of an office of insurance ombudsman.
Appropriates $200,000 from the consumer outreach and education cash fund to the department.
APPROVED by Governor June 5, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1264 Judicial department - name index and register of actions - electronic read-only access for certain agencies and attorneys. Allows statewide electronic read-only access to the name index and register of actions of certain public case types to county departments and attorneys who represent the county departments, the office of the state public defender, guardians ad litem under contract with the office of the child's representative or authorized by the office of the child's representative to act as a guardian ad litem, attorneys under contract with the office of the alternate defense counsel, respondent parent counsel appointed by the court and paid by the judicial department, and criminal justice agencies. Specifies which people or agencies shall have access to court records of juvenile delinquency proceedings and dependency and neglect records and information.
Authorizes the supreme court to adopt rules regarding access to the name index and register of actions. Requires all agencies with access to ensure that individuals who will be using the system receive training on appropriate usage and confidentiality of register of action information.
APPROVED by Governor May 27, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1266 Secretary of state - liens - filings - Colorado Statutory Lien Registration Act. Allows a secured party as well as a debtor to file a correction statement to a financing statement to perfect a security interest or agricultural lien. Allows any person who incorrectly files an amendment affecting a record to file a correction statement. States that the filing of a correction statement does not amend the financing statement.
Eliminates the requirement that the secretary of state (secretary) provide information on federal tax lien notices to persons requesting information on records filed with the secretary.
Eliminates the requirement that the fee for filing and indexing a record submitted to the secretary in writing be at least twice the amount of the fee for a record communicated by another medium authorized by the secretary.
Corrects references to the international association of commercial administrators.
Repeals the requirement that the secretary accept documents for filing that are sent by facsimile transmission. Specifies that the repeal shall take effect on August 5, 2008, or on the effective date of Senate Bill 06-188, enacted at the Second Regular Session of the Sixty-fifth General Assembly, whichever is later.
Enacts the "Colorado Statutory Lien Registration Act", which:
● Specifies the information that a notice of a designated statutory lien (notice of lien) or an amendment to a notice of lien (notice of amendment) filed with the secretary shall or may contain;
● Specifies the circumstances in which the secretary shall or may refuse to accept a notice of lien or notice of amendment for filing;
● Requires the secretary to mark, maintain, and index notices of lien and notices of amendment;
● Requires the secretary to notify a person who presents a notice of lien or notice of amendment for filing if the secretary refuses to accept the notice and to provide the reason for the refusal;
● Allows the secretary to remove a notice of lien from the secretary's records one year after the notice expires;
● Requires the secretary to provide to any person upon request specified information regarding any notice of lien or notice of amendment on file that designates a particular owner;
● States that a notice of lien or notice of amendment that the secretary wrongfully refuses to accept is effective as a filed record except as against a purchaser of the property described in the notice who gives value in reasonable reliance on the absence of the record in the records of the secretary; and
● Requires the secretary to adopt rules to implement the act.
Specifies that the "Colorado Statutory Lien Registration Act" shall take effect on August 5, 2008, or on the effective date of Senate Bill 06-188, enacted at the Second Regular Session of the Sixty-fifth General Assembly, whichever is later.
APPROVED by Governor March 31, 2008
EFFECTIVE (see note)
NOTE: As of publication date, the revisor of statutes had not received certification from the secretary of
state that approval of changes to the central filing system had been obtained from the United States
department of agriculture and that the necessary computer system was ready pursuant to section 12 of
said Senate Bill 06-188.
H.B. 08-1267 Public safety - school safety resource center - school mapping system - appropriation. Requires the school safety resource center ("center") in the department of public safety ("department") to designate at least one but not more than 3 schools to participate in a cooperative effort to create a first responder school mapping system ("mapping system") to provide first responders immediate access to maps of school buildings and other information in the event of an emergency at a school building. Allows the participant schools to contract with one or more public or private entities with experience in creating mapping systems. Requires the participant schools, before entering into any contract or otherwise proceeding with plans for the creation of the mapping system, to submit the contract or plans to the center to approve or disapprove. Requires the department to reimburse the participant schools for the direct and indirect costs of creating the mapping system.
Appropriates $150,000 from the state education fund to the department of education for the implementation of the act. Reappropriates $150,000 from the department of education to the department for the implementation of the act.
Specifies that the act takes effect either upon passage or upon the effective date of Senate Bill 08-001, whichever is later; except that this act shall only take effect if Senate Bill 08-001 is enacted and becomes law.
APPROVED by Governor May 13, 2008
EFFECTIVE May 13, 2008
NOTE: Senate Bill 08-001 was signed by the governor May 13, 2008.
H.B. 08-1274 Address confidentiality program - program changes - funding. Makes the following changes to the address confidentiality program for victims of domestic violence, a sexual offense, or stalking that is administered by the secretary of state:
● Modifies the definition of the term "actual address" to include an individual's county and voting precinct number;
● Changes the way the secretary of state designates an application assistant;
● Eliminates restrictions on the substitute address designated by the secretary of state;
● Eliminates the requirement that a program application be delivered to the secretary of state;
● Permits a family member of a program applicant other than a parent, spouse, or child to become a program participant if such person's participation is necessary to ensure the safety of the applicant;
● Requires the consent of any person other than the applicant who is 18 or older to be a program participant;
● Temporarily exempts a substitute address from being used in the administration of any public assistance, social services, welfare, or medical assistance program where the actual address and other individual identifying information is confidential and protected from public disclosure; and
● Requires a school district to use a substitute address for admission purposes and to verify student enrollment information with the secretary of state.
Requires the state treasurer to deduct $10,000 from the department of state cash fund (department cash fund) and transfer such sum to the address confidentiality program surcharge fund (program fund). Permits additional transfers from the department cash fund during the state fiscal year 2008-09 if there is insufficient money in the program fund and the secretary of state requests such a transfer. Requires the unappropriated moneys in the program fund to be transferred to the department cash fund until all transfers are repaid.
APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008
H.B. 08-1305 Enterprise zones - administration - transfer of responsibility. Transfers the responsibility for the administration of the enterprise zone program from the department of local affairs to the Colorado office of economic development created in the governor's office. Specifies the responsibilities of the Colorado economic development commission regarding the enterprise zone program.
APPROVED by Governor March 26, 2008
EFFECTIVE March 26, 2008
H.B. 08-1319 Factory-built structures - certification - installer and inspector education and testing - rules - appropriation. On and after July 1, 2008, requires a person seeking to be registered initially as a manufactured home installer (installer) to furnish written evidence of 12 months of installation experience and completion of 8 hours of installation education approved by the division of housing (division), pass a division-approved installation test, and carry and provide proof of liability insurance in an amount of at least $1,000,000. On and after January 1, 2009, repeals the requirement that an installer seeking to renew registration file a letter of credit, certificate of deposit, or surety bond with the division, but requires such an installer to provide proof of liability insurance and completion of 8 hours of division-approved installation education within the past 12 months.
On and after July 1, 2008, requires a new manufactured home installation inspector (inspector) to pass a division-approved installation test. Commencing in 2009, requires all inspectors to complete, and maintain records of the completion of, either 12 hours of division-approved education and 12 hours of international code council education every 3 calendar years or 24 hours of division-approved education every 3 calendar years.
Authorizes the division to promulgate rules to implement the new installer and inspector education and testing requirements and to oversee the education and testing. Requires all rented or leased factory-built structures occupied on or after March 1, 2009, to bear an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative.
For the fiscal year commencing July 1, 2008, appropriates from the building regulation fund to the department of local affairs, for allocation to the division of housing, $113,632 and 1.7 FTE for the implementation of the act.
APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008
H.B. 08-1320 Appropriations categories - elimination of cash funds exempt - designation as reappropriated funds. In conformance with the elimination of cash funds exempt as a category of appropriations in the annual general appropriation act and changing the designation of such funds to reappropriated funds, makes the following changes commencing in state fiscal year 2008-09:
● Eliminates the designation of those funds received by an institution of higher education as stipends as cash funds exempt.
● Requires that the report the executive director of the department of revenue must prepare when employees are shifted between divisions, groups, or branches demonstrate that the total FTE appropriated to such a division, group, or branch that are funded with reappropriated funds, instead of cash fund exempt appropriations, has not been exceeded.
● Authorizes the governor to transfer unlimited amounts of reappropriated funds, instead of cash fund exempt appropriations, between the department of health care policy and financing and the department of human services under certain circumstances.
● Changes the current authority of a department head to transfer cash funds spending authority within any item of appropriation that operates to increase a cash funds exempt appropriation by decreasing a cash funds appropriation in a corresponding amount by authorizing such transfers that either increase a cash funds appropriation by decreasing an amount of reappropriated funds in a corresponding amount or that increase an amount of reappropriated funds by decreasing a cash funds appropriation in a corresponding amount.
● Allows the department of health care policy and financing, upon approval of a specified state plan amendment, to receive and expend federal moneys without a corresponding reduction in spending authority generally, instead of cash funds exempt spending authority, from the Colorado health care services fund.
● Allows the department of health care policy and financing to receive and expend all available federal moneys without a corresponding reduction in the spending authority generally, instead of cash funds exempt spending authority, from the comprehensive primary and preventive care fund.
APPROVED by Governor March 31, 2008
EFFECTIVE March 31, 2008
H.B. 08-1321 Annual general appropriation act - headnote definitions - footnotes - purposes. Defines the headnotes that specify the purpose for certain items of appropriation in the annual general appropriation act (long bill), including the following terms:
● Capital outlay;
● Centralized appropriation;
● Communications services payments;
● FTE;
● Health, life, and dental;
● Indirect cost assessment;
● Leased space;
● Lease purchase;
● Legal services;
● Motor vehicle;
● Multiuse network payments;
● Operating expenses;
● Personal services;
● Pueblo data entry center payments;
● Purchase of services from computer center;
● Short-term disability;
● Utilities; and
● Vehicle lease payments.
Specifies the purposes of and limitations on the footnotes at the end of each department's appropriations in the long bill.
Provides that where no purpose is specified or where a special program is specified for an item of appropriation, the appropriation shall be for operating expenses and personal services.
Directs that expenditures of funds appropriated for the purchase of goods and services be in accord with the law requiring institutions, agencies, and departments to purchase goods and services that are produced by the division of correctional industries from that division.
APPROVED by Governor March 24, 2008
EFFECTIVE March 24, 2008
H.B. 08-1333 Capital construction fund - supplemental transfers. For the fiscal year commencing July 1, 2005, transfers from the general fund to the capital construction fund $54,847. For the fiscal year commencing July 1, 2007, transfers $1,921,746 from the general fund to the capital construction fund.
APPROVED by Governor April 3, 2008
EFFECTIVE April 3, 2008
H.B. 08-1350 Renewable energy and energy efficiency projects - financing - clean energy development authority - county and municipal governments. Facilitates the financing of renewable energy and energy efficiency projects by local governments and the clean energy development authority (authority). Updates the authority's ability to issue bonds for such projects. Directs the authority to create a Colorado clean energy development authority fund in a financial institution within or outside the state.
APPROVED by Governor May 27, 2008
EFFECTIVE May 27, 2008
H.B. 08-1364 Data - interdepartmental data protocol - cash fund - preschool uniquely identifying student numbers. Directs the chief information officer ("CIO") in the office of information technology created in the governor's office to convene the data protocol development council ("council") consisting of representatives from executive branch state agencies. Identifies the minimum contents of the data protocol, and directs the CIO and the council to set time lines for implementation of the data protocol.
Creates the interdepartmental data protocol cash fund ("cash fund") for gifts, grants, and donations received by the office of information technology for implementation of the act. States that the CIO is not required to implement the act until at least $113,500 is credited to the cash fund and that the act is to be implemented without using state moneys. Requires the CIO to report to the governor and the state, veterans, and military affairs committees of the general assembly concerning the data protocol.
Clarifies that the data protocol shall not nullify any existing memoranda of understanding nor prohibit the creation of new memoranda of understanding among state agencies concerning data sharing. Provides that the data protocol shall not prohibit the release or sharing of data with nongovernmental entities or individuals pursuant to the open records statutes or pursuant to contract. With the implementation of the data protocol, authorizes state agencies to share and release data.
Directs the commissioner of education and the executive director of the department of human services to convene a working group to review issues concerning, and adopt protocols for, assigning a uniquely identifying student number to children who receive government-subsidized early childhood education services. Requires the commissioner to report the working group's findings to the CIO. Following adoption of the protocols for uniquely identifying student numbers, requires the state board of education and the state board of human services to adopt rules as necessary for assignment of the numbers.
APPROVED by Governor May 14, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1371 Legislative printing - bids - legislative council print shop. When authorized by the executive committee of the legislative council, permits the director of research of the legislative council, in conjunction with the legislative council print shop, to submit bids for the printing of legislative bills, memorials, resolutions, calendars, and journals of the general assembly. Makes an adjustment in the annual legislative appropriation act effective only if the legislative council print shop is the successful bidder for legislative printing as authorized in this act.
APPROVED by Governor May 20, 2008
EFFECTIVE May 20, 2008
H.B. 08-1376 Capital construction fund - transfers. Makes the following transfers to the capital construction fund:
● For the 2007-08 fiscal year $47,821,746 from the general fund; and
● For the 2008-09 fiscal year $11 million from the general fund and $9 million from the general fund exempt account.
APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008
H.B. 08-1387 Low-income energy assistance programs - funding from the operational account of the severance tax trust fund. Extends the funding for the low-income energy assistance programs by providing $13 million for state fiscal years 2009-10, 2010-11, and 2011-12. Changes the distribution of the funding for those particular fiscal years, and requires the state treasurer to distribute the funding as follows:
● 25% is distributed to the department of human services low-income energy assistance fund;
● 25% is distributed to the energy outreach Colorado low-income energy assistance fund; and
● 50% is distributed to the governor's energy office low-income energy assistance fund.
By placing the extension of funding within the structure of House Bill 08-1398 (HB 08-1398), makes the funding for low-income energy assistance programs out of the operational account of the severance tax trust fund subject to the proportional reduction specified for all tier 2 programs. Makes the funding for low-income energy assistance programs subject to the requirement that all tier 2 programs receive funding in three installments (40% on July 1, 30% on January 4, and 30% on April 1) during a fiscal year. Specifies a slightly different installment structure than other tier 2 programs under HB 08-1398 by requiring all of the funding to the governor's energy office low-income energy assistance fund to be made on July 1, all of the funding to the department of human services low-income energy assistance fund to be made on January 4, and all of the funding to the energy outreach Colorado low-income energy assistance fund to be made on April 1. Adjusts any proportional reduction requirements imposed by HB 08-1398 for the transfers to the low-income energy assistance programs so that any reduction be made whole in the following fiscal year from money the treasurer is to transfer to the programs in that fiscal year and then transfer the remaining money, after making the program(s) whole, as follows: 25% to the department of human services low-income energy assistance fund, 25% to the energy outreach Colorado low-income energy assistance fund, and 50% to the governor's energy office low-income energy assistance fund.
Modifies an existing provision to make it clear that it is appropriate to use moneys from the severance tax trust fund to fund programs to reduce the burden of increasing home energy costs on low-income households.
Creates in the state treasury the department of human services low-income energy assistance fund, the energy outreach Colorado low-income energy assistance fund, and the governor's energy office low-income energy assistance fund for purposes of receiving and distributing moneys transferred from the operational account of the severance tax trust fund. There were no substantive changes made to the programs except for the qualification levels for the governor's energy office home energy efficiency program which was changed from persons eligible to receive assistance under the low-income energy assistance program administered by the department of human services to those households at or below one hundred percent of the area median income guidelines adjusted for family size based on the most recently published area median income limits established by the United States department of housing and urban development.
Specifies that no later than December 15, 2008, the legislative commission on low-income energy assistance (commission) shall make recommendations to the governor, the speaker of the house of representatives, and the president of the senate regarding any necessary legislative changes to improve the effectiveness and efficiency of the state's low-income energy assistance services. Specifies that the study is to include assistance and consultation from representatives from two counties chosen by the executive director, or his or her designee, of Colorado counties, incorporated, or its successor organization. Specifies what the commission is to study and specifies that the commission may seek and receive public and private funding to assist in the conduct of the study.
Makes adjustments to the 2008 general appropriations act (House Bill 08-1375) for the implementation of the act.
Specifies that certain sections are contingent on HB 08-1398 being enacted and becoming law.
APPROVED by Governor May 27, 2008
EFFECTIVE May 27, 2008
NOTE: House Bill 08-1398 was signed by the governor June 2, 2008.
H.B. 08-1394 Reporting requirement to the general assembly - review - continuation - electronic notification. Continues the requirement for a periodic report to the general assembly by a legislative oversight committee regarding issues addressing the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems.
Continues the requirement for periodic reports to the education committees of the house of representatives and the senate by the state board of education regarding whether the board believes that a new year should be used as the baseline performance year to recalculate the overall standardized, weighted total scores assigned to each academic performance rating.
Continues the requirement for periodic reports to the joint budget committee of the general assembly by the Colorado commission on higher education regarding the number of undergraduate full-time equivalent students who are eligible for stipends from the college opportunity fund program at each state institution of higher education and each participating private institution of higher education.
Continues the requirement for periodic reports to the general assembly by the microenterprise development advisory council detailing the status of microenterprise in Colorado and recommending the best practices available for microenterprise development.
Continues the requirement for periodic reports to the general assembly by the state auditor regarding a performance audit of the procedures and application of data, including any survey conducted by the state personnel director, regarding state employee compensation.
Continues the requirement for periodic reports to legislative audit committee and the joint budget committee of the general assembly by the board of directors established as the governing body of the fire and police pension association regarding the annual actuarial valuation report for certain death and disability benefits to state employees.
Whenever a report is required or allowed to be made to the general assembly, allows electronic notice to legislators that the report is available to be deemed sufficient. Requires the electronic notification to include a hyperlink to the report. Allows a legislator to request a hard copy of the report.
APPROVED by Governor May 27, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1403 Public employees' retirement association - Denver public schools retirement system - merger negotiations. Modifies the existing law that authorizes a school district retirement system (merging system) to enter into an agreement to merge into another public employee retirement system (continuing system) as follows:
● Specifies that the effective date of the merger is January 1, 2009, or a later date as agreed to by the merging system, the continuing system, and the school district (the parties).
● Requires the merger agreement to define the material adverse changes that may allow a party to terminate the merger prior to the effective date.
● Requires the parties to define what effect any litigation initiated subsequent to the signing of the merger agreement may have on the merger.
● Specifies that the school district and its related employers will become affiliated employers with the continuing system, subject to the continuing system's laws and rules, and that all ongoing contributions will be governed by the continuing system's laws and rules.
● Directs the parties to negotiate a separate agreement to address health care coverage for retirees, beneficiaries, and members of the merging system.
● Directs the parties to negotiate portability rules and to include the rules in the merger agreement.
● Requires initial and final valuations to be completed by the continuing system's actuary, and specifies the dates of the audited financial reports on which the valuations will be based.
● Requires the valuations to establish a single up-front payment that will be the amount of assets that must be transferred from the merging system to the continuing system in order to avoid any subsidy between the parties and equalize the funding status of the systems.
● Requires the parties to agree to the methodology that will be used for the valuations. If disagreement about the methodology is preventing a merger agreement, allows the parties to take the dispute to nonbinding arbitration before a panel of 3 actuaries.
● If there is a dispute as to the calculation of a single up-front payment based on the final valuation, allows either party to take the dispute to final and binding arbitration before a panel of 3 actuaries.
● Requires an asset surplus account to be created and calculated based on the initial valuation. Specifies that the account shall consist of the total value of the assets transferred on the date of the merger minus the single up-front payment, and requires the account to be updated based upon the final valuation. Specifies how the moneys in the account may be used.
● Specifies which parties will be responsible for the various costs associated with the merger.
● Specifies that the continuing system will hire the staff of the merging system as at-will employees as of the effective date of the merger, but that the staff will continue to accrue the merging system's benefits as administered by the continuing system, and the school district or the merging system will be responsible for payment of accrued employment benefits of those staff.
APPROVED by Governor May 28, 2008
EFFECTIVE May 28, 2008
H.B. 08-1415 Colorado office of economic development - film incentives cash fund - Colorado film commission - transfer of moneys - appropriation. For the 2008-09 fiscal year, specifies that of the moneys that would otherwise be transferred from the limited gaming fund to the film incentives cash fund, $300,000 shall be transferred to the Colorado office of economic development to be used for the operating costs of the Colorado film commission.
Decreases the appropriation from the film incentives cash fund by $300,000 and appropriates, out of the portion of limited gaming fund moneys transferred to the Colorado office of economic development, $300,000 to be distributed to the Colorado film commission.
APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008
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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.