NOTE: This bill has been prepared for the signature of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. SENATE BILL 11-144 BY SENATOR(S) Hodge, Steadman, Lambert; also REPRESENTATIVE(S) Gerou, Becker, Ferrandino. Concerning a supplemental appropriation to the department of law. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. The appropriation to the department of law for the fiscal year beginning July 1, 2010, as enacted in Part X of section 2 of chapter 453, Session Laws of Colorado 2010 (HB 10-1376), is amended to read: Section 2. Appropriation. PART X DEPARTMENT OF LAW (1) ADMINISTRATION Personal Services 2,947,855 2,947,855 a (42.2 FTE) Health, Life, and Dental 2,022,131 540,110 176,275 b 1,255,479 c 50,267 d 1,967,131 485,110 Short-term Disability 42,246 12,299 2,939 b 25,755 c 1,253 d S.B. 04-257 Amortization Equalization Disbursement 654,314 190,617 45,512 b 398,784 c 19,401 d S.B. 06-235 Supplemental Amortization Equalization Disbursement 477,318 139,206 33,186 b 290,780 c 14,146 d Workers' Compensation 50,863 15,394 4,028 b 30,098 c 1,343 d Attorney Registration and Continuing Legal Education 92,626 22,238 3,750 b 66,075 c 563 d Operating Expenses 194,679 194,679 a Purchase of Services from Computer Center 37,522 37,522 a Payment to Risk Management and Property Funds 28,842 28,842 a Vehicle Lease Payments 72,813 21,214 15,697 b 31,218 c 4,684 d 74,330 22,184 16,114 b 4,814 d Information Technology Asset Maintenance 407,667 15,291 47,298 b 343,697 c 1,381 d Leased Space 26,220 4,321 2,880 b 18,857 c 162 d Capitol Complex Leased Space 1,252,757 379,165 99,200 b 741,325 c 33,067 d Security for State Services Building 120,919 36,598 9,575 b 71,554 a 3,192 d 71,554 c Communication Services Payments 7,744 2,748 684 b 2,464 c 1,848 d Attorney General Discretionary Fund 5,000 5,000 8,441,516 8,388,033 a These amounts shall be from indirect cost recoveries. b These amounts shall be from various sources of cash funds. Of these amounts, $62,242 from court-ordered awards and $12,947 from the Tobacco Settlement Defense Account of the Tobacco Litigation Settlement Cash Fund created in Section 24-22-115 (2) (a), C.R.S., do not constitute fiscal year spending for purposes of Section 20 of Article X of the State Constitution. c These amounts shall be from various sources of reappropriated funds. d These amounts shall be from the federal Medicaid Fraud Control Program administered by the U.S. Department of Health and Human Services. (2) LEGAL SERVICES TO STATE AGENCIES32 Personal Services 18,687,929 19,494,757 (223.6 FTE) (229.8 FTE) Operating and Litigation 1,445,134 1,548,804 Indirect Cost Assessment 2,608,316 22,741,379 1,582,388 a 21,158,991 b 23,651,877 22,069,489 b a This amount may include funds from the Public Employees' Retirement Association, CollegeInvest, the College Access Network, State Veterans' Nursing Homes, higher education enterprises, the Disability Insurance Trust, state institutions of higher education, private vocational schools, the Cumbres and Toltec Railroad Commission, and other sources of cash funds. b This amount shall be from various sources of funds appropriated for legal services to state agencies. (3) CRIMINAL JUSTICE AND APPELLATE Special Prosecutions Unit 2,844,966 1,578,099 217,159 a 1,049,708 b (31.0 FTE) Auto Theft Prevention Grant 246,976 246,976 c (2.0 FTE) Appellate Unit 2,648,687 2,491,477 157,210 d (32.0 FTE) Medicaid Fraud Control Unit 1,341,607 335,402 (M) 1,006,205 e (14.0 FTE) Peace Officers Standards and Training Board Support 2,681,744 2,681,744 f (7.0 FTE) Safe2Tell 98,351 98,351 (1.0 FTE) Indirect Cost Assessment 375,994 112,325 g 139,520 h 124,149 e 10,238,325 a This amount shall be from the State Compensation Insurance Authority. b Of this amount, $655,547 shall be from the Division of Insurance Cash Fund through an appropriation to the Department of Regulatory Agencies and $394,161 shall be from the Division of Securities Cash Fund through an appropriation to the Department of Regulatory Agencies. c This amount shall be from a grant received from the Colorado Auto Theft Prevention Cash Fund through an appropriation to the Department of Public Safety. d Of this amount, $82,830 shall be from indirect cost recoveries and $74,380 shall be from Victims Assistance and Law Enforcement funds appropriated to the Department of Public Safety, Division of Criminal Justice. e These amounts shall be from the federal Medicaid Fraud Control Program administered by the U.S. Department of Health and Human Services. f This amount shall be from the P.O.S.T. Board Cash Fund created in Section 24-31-303 (2) (b), C.R.S. g Of this amount, $82,766 shall be from the P.O.S.T. Board Cash Fund created in Section 24-31-303 (2) (b), C.R.S., and $29,559 shall be from the State Compensation Insurance Authority. h Of this amount, $93,407 shall be from the Division of Insurance Cash Fund through an appropriation to the Department of Regulatory Agencies, and $46,113 shall be from the Division of Securities Cash Fund through an appropriation to the Department of Regulatory Agencies. (4) WATER AND NATURAL RESOURCES Federal and Interstate Water Unit 516,519 516,519 (5.5 FTE) Defense of the Colorado River Basin Compact 333,017 333,017 a (3.0 FTE) Defense of the Republican River Compact 110,000 110,000 b Consultant Expenses 50,000 50,000 c 75,000 75,000 c Comprehensive Environmental Response, Compensation and Liability Act 382,962 357,084 25,878 d (3.5 FTE) Comprehensive Environmental Response, Compensation and Liability Act Contracts 500,000 75,000 425,000 d Natural Resource Damage Claims at Rocky Mountain Arsenal 150,000 150,000 e 2,042,498 2,067,498 a This amount shall be from the Colorado Water Conservation Board's Litigation Fund created in Section 37-60-121 (2.5) (a), C.R.S., or from payments received from New Mexico, Wyoming and Utah. b This amount shall be from the Colorado Water Conservation Board's Litigation Fund created in Section 37-60-121 (2.5) (a), C.R.S. c This amount Of this amount, $41,134 shall be from the Attorney Fees and Costs Account created in Section 24-31-108 (2), C.R.S. Section 24-31-108 (2), C.R.S., and $33,866 shall be from the Colorado Water Conservation Board's Litigation Fund created in Section 37-60-121 (2.5) (a), C.R.S. d These amounts shall be from the Hazardous Substance Response Fund through an appropriation to the Department of Public Health and Environment. e This amount shall be from the Hazardous Substance Response Fund created in Section 25-16-104.6 (1) (a), C.R.S. (5) CONSUMER PROTECTION Consumer Protection and Anti-Trust 1,814,069 907,056 664,957 a 242,056 b (12.5 FTE) (1.5 FTE) (7.0 FTE) Consumer Credit Unit 1,350,707 1,350,707 c (18.0 FTE) Indirect Cost Assessment 307,418 271,947 d 35,471 b 3,472,194 a Of this amount, $363,654 shall be from court-ordered awards, $154,656 shall be from the Tobacco Settlement Defense Account of the Tobacco Litigation Settlement Cash Fund created in Section 24-22-115 (2) (a), C.R.S., $80,000 shall be from custodial funds, $45,863 shall be from the Public Utilities Commission under the provisions of Section 6-1-905 (3) (b) (II), C.R.S., and $20,784 shall be from the Building Regulation Fund created in Section 24-32-3309 (1) (a), C.R.S. Expenditures from court-ordered awards and the Tobacco Settlement Defense Account of the Tobacco Litigation Settlement Cash Fund do not constitute fiscal year spending for the purposes of Section 20 of Article X of the State Constitution. b These amounts shall be from the Mortgage Broker Registration Cash Fund through an appropriation to the Department of Regulatory Agencies. c This amount shall be from the Collection Agency Cash Fund created in Section 12-14-136 (1) (a), C.R.S., or from the Uniform Consumer Credit Code Cash Fund created in Section 5-6-204 (1), C.R.S. d Of this amount, $224,652 shall be from the Uniform Consumer Credit Code Cash Fund created in Section 5-6-204 (1), C.R.S., or the Collection Agency Cash Fund created in Section 12-14-136 (1) (a), C.R.S., $35,471 shall be from court-ordered awards, and $11,824 shall be from the Tobacco Settlement Defense Account of the Tobacco Litigation Settlement Cash Fund created in Section 24-22-115 (2) (a), C.R.S. Court-ordered awards do not constitute fiscal year spending for the purposes of Section 20 of Article X of the State Constitution. (6) SPECIAL PURPOSE District Attorneys' Salaries 2,313,828 2,313,828 2,263,228 2,263,228 Litigation Management and Technology Fund33 325,000 325,000 a Tobacco Litigation 750,000 750,000 b Lobato Litigation Expenses 432,500 432,500 c 1,207,093 1,207,093 c 3,821,328 4,545,321 a This amount shall be from either General Fund fund balance generated by excess earnings in the Legal Services to State Agencies program in FY 2009-10 or from the Attorney Fees and Costs Account created in Section 24-31-108 (2), C.R.S. b This amount shall be from the Tobacco Settlement Defense Account of the Tobacco Litigation Settlement Cash Fund created in Section 24-22-115 (2) (a), C.R.S. Expenditures from the Tobacco Settlement Defense Account of the Tobacco Litigation Settlement Cash Fund do not constitute fiscal year spending for the purposes of Section 20 of Article X of the State Constitution. c This amount shall be from the General Fund through an appropriation to the Office of the Governor. TOTALS PART X (LAW) $50,757,240 $10,057,017 $9,040,268 $30,398,294 $1,261,661 $52,363,248 $9,952,387 $9,065,685 $32,083,385 $1,261,791 FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 32 Department of Law, Legal Services to State Agencies -- In making this appropriation, it is the intent of the General Assembly that hourly billing rates charged by the Department for legal services to state agencies not exceed $76.36 per hour for attorneys and not exceed $60.03 per hour for paralegals, which equates to a blended rate of $73.37 per hour. 33 Department of Law, Special Purpose, Litigation Management and Technology Fund -- It is the intent of the General Assembly to grant the Department of Law additional flexibility by allowing the Department to use funds appropriated in this line item to address unanticipated state legal needs that arise during FY 2010-11, as well as information technology asset maintenance needs that would otherwise require General Fund appropriations during FY 2010-11. It is also the intent of the General Assembly that moneys spent from this fund shall not require the appropriation of additional FTE and will not be used for any type of salary increase, promotion, reclassification, or bonus related to any present or future FTE employed by the Department of Law. It is furthermore the intent of the General Assembly that moneys spent from this fund will not be used to offset present or future personal services deficits in any division in the Department. The Department is requested to submit a quarterly report to the Joint Budget Committee detailing the purpose for which moneys from this fund have been expended. Such a report is also requested with any supplemental requests for additional legal services funding within or outside of the Legal Services to State Agencies program. SECTION 2. 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. ____________________________ ____________________________ Brandon C. Shaffer Frank McNulty PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO