HOUSE 3rd Reading Unamended May 6, 2011 HOUSE Amended 2nd Reading May 5, 2011First Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 11-0952.01 Richard Sweetman HOUSE BILL 11-1302 HOUSE SPONSORSHIP Waller, SENATE SPONSORSHIP Williams S., House Committees Senate Committees Judiciary Appropriations A BILL FOR AN ACT Concerning the creation of a program within the department of state for the purpose of training judges in the management of business-related litigation, and making an appropriation therefor. 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.) The bill creates a program within the department of state for the purpose of providing training to judges in managing business litigation. The bill makes an appropriation to the department of state for the implementation of the program. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Article 21 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read: PART 4 JUDICIAL TRAINING IN BUSINESS LITIGATION 24-21-401. Judicial training in managing business-related litigation. (1) On or before January 1, 2012, the secretary of state shall create a program, referred to in this section as the "program", to be administered on and after said date for the purpose of providing training to judges in managing business litigation, including but not limited to complex commercial litigation. The program shall provide instruction in procedural and substantive areas of law to assist judges in achieving effective case management, prompt and economical resolution of disputes, and consistent judicial decisions. (2) The secretary of state and the chief justice of the supreme court may enter into a contract with one or more providers to conduct and manage one or more aspects of the program. (3) (a) A course of instruction shall not be offered as part of the program unless the chief justice of the Colorado supreme court has approved the course, including the curriculum, instructor, dates, and location of the course. (b) The participation of a judge in any course of the program shall require the approval of the chief justice of the Colorado supreme court. (4) Not later than one year after the creation of the program, the secretary of state and the chief justice of the supreme court shall appoint and contract with an independent evaluator for the purpose of evaluating the effectiveness of the program. Prior to appointing and contracting with said independent evaluator, the secretary of state shall obtain the approval of the independent evaluator by the chief justice of the Colorado supreme court. The evaluation of the program may include, but need not be limited to, consideration of the impact of the program curriculum on the judicial performance of judges who have completed the program, as measured by specific performance indicators occurring in business-related cases and as agreed to by the chief justice. (5) (a) The program shall pay or reimburse the reasonable costs of travel and lodging incurred by individual judges as a result of their participation in the program. (b) Expenses of the program shall be paid from appropriations made to the department of state from the department of state cash fund created in section 24-21-104 (3) (b). SECTION 2. 24-21-104 (3) (b), Colorado Revised Statutes, is amended to read: 24-21-104. Fees of secretary of state - repeal. (3) (b) The department of state shall adjust its fees so that the revenue generated from the fees approximates its direct and indirect costs, including the cost of maintenance and improvements necessary for the distribution of electronic records and the costs of the training program created in part 4 of this article; except that the department may reduce its fees to generate revenue in an amount less than costs if necessary pursuant to section 24-75-402 (3). Such costs shall not include the costs paid by the amounts appropriated by the general assembly from the general fund to the department of state for elections pursuant to section 24-21-104.5. Such fees shall remain in effect for the fiscal year following the adjustment. All fees collected by said department, except moneys collected pursuant to article 55 of title 12, C.R.S., shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund, which fund is hereby created. All moneys credited to the department of state cash fund shall be used as provided in this section and shall not be deposited in or transferred to the general fund of this state or any other fund. The moneys credited to the department of state cash fund shall be available for appropriation by the general assembly to the department of state in the general appropriation bill or pursuant to section 24-9-105 (2). SECTION 3. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the department of state cash fund created in section 24-21-104 (3) (b), Colorado Revised Statutes, not otherwise appropriated, to the department of state, for the fiscal year beginning July 1, 2011, the sum of three hundred sixty thousand dollars ($360,000), 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.