HOUSE
                       3rd Reading Unamended
       May 9, 2011             HOUSE
       Amended 2nd Reading
                        May 6, 2011First Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 11-1060.01 Troy Bratton         HOUSE BILL 11-1322
                    HOUSE SPONSORSHIP
 Looper,
 
                   SENATE SPONSORSHIP
 Cadman,
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 Appropriations
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the transfer of moneys from the department of
            state cash fund to the internet-based voting pilot
            program fund for the implementation of the
            internet-based voting pilot program, and making an
            appropriation in connection therewith.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted.  If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Currently the internet-based voting pilot program fund consists of
       only gifts, grants, and donations, and the pilot program cannot be
       implemented until enough gifts, grants, and donations are received to
       cover the costs of the pilot program.
            The bill directs the state treasurer to transfer $100,000 from the
       department of state cash fund to the internet-based voting pilot program
       fund so that the secretary of state may begin implementing the pilot
       program.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  The introductory portion to 1-5.5-101 (1) and
       1-5.5-101 (4) and (5), Colorado Revised Statutes, are amended to read:
            1-5.5-101.  Pilot program - internet voting system - absent
       uniformed services elector - secretary of state - fund - rules. 
       (1)  Subject to the availability of funds pursuant to subsection (4) of this
       section, The secretary of state, in coordination with the county clerk and
       recorders, shall develop an internet-based voting pilot program to
       facilitate voting by absent uniformed services electors serving outside the
       United States commencing with the general election held in 2012.  The
       secretary of state shall select one or more political subdivisions to
       participate in the pilot program.  The internet-based voting system
       developed for use by political subdivisions that participate in the pilot
       program shall:
            (4) (a)  There is hereby created in the state treasury the
       internet-based voting pilot program fund to provide for the direct and
       indirect costs associated with implementing this article.  Subject to the
       provisions of paragraph (b) of this subsection (4), the fund shall
       consist of gifts, grants, and donations to the fund from private or public
       sources for the purposes of this article.  All private and public funds
       received through gifts, grants, and donations shall be transmitted to the
       state treasurer, who shall credit the same to the fund.
            (b)  In addition to any gifts, grants, and donations
       received pursuant to paragraph (a) of this subsection (4), the
       fund shall also consist of any moneys transferred from the
       department of state cash fund to the fund pursuant to section
       24-21-104 (3) (d) (XVI), C.R.S.
            (c)  Moneys in the fund shall be subject to annual appropriation by
       the general assembly to the department of state for the purposes specified
       in this article.  Any unexpended and unencumbered moneys remaining in
       the fund at the end of any fiscal year shall remain in the fund and shall not
       be transferred to the general fund or any other fund.
            (5)  Notwithstanding the provisions of subsections (1), (2), and (3)
       of this section, the department of state shall not implement the
       internet-based voting system until sufficient gifts, grants, and donations
       are obtained to cover the costs of implementing the system.
            SECTION 2.  24-21-104 (3) (d), Colorado Revised Statutes, is
       amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
            24-21-104.  Fees of secretary of state - repeal. 
       (3) (d) (XVI)  Notwithstanding any provision of paragraph (b) of
       this subsection (3) to the contrary, on July 1, 2011, the state
       treasurer shall deduct one hundred thousand dollars from the
       department of state cash fund and transfer such sum to the
       internet-based voting pilot program fund created in section
       1-5.5-101 (4), C.R.S.
            SECTION 3.  Appropriation.  In addition to any other
       appropriation, there is hereby appropriated, out of any moneys in the
       internet-based voting pilot program fund created in section 1-5.5-101 (4)
       (a), Colorado Revised Statutes, not otherwise appropriated, to the
       department of state, for the fiscal year beginning July 1, 2011, the sum of
       one hundred thousand dollars ($100,000) cash funds, or so much thereof
       as may be necessary, for the implementation of this act.          
            SECTION 4.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.