NOTE: The governor signed this measure on 4/23/2012.
      
      
      HOUSE BILL 12-1318
      
      
      BY REPRESENTATIVE(S) Brown, Sonnenberg, Vigil, Coram, Gerou,
      Kerr J., Looper, Nikkel, Pace, Priola;
      also SENATOR(S) Schwartz, Bacon, Renfroe, Nicholson, Roberts.
      
      
      Concerning the development of guidelines regarding the
           eligibility of controlled maintenance funding for state
           facilities.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add 24-30-1303.9 as
      follows:
      
           24-30-1303.9.  Eligibility for state controlled maintenance
      funding - legislative declaration. (1)  The office of the state architect
      shall develop guidelines in order to establish when a state-owned,
      general-funded building or other physical facility is eligible for
      controlled maintenance funding. The guidelines shall address the
      timing of such eligibility with respect to the dates on which
      acquisition, construction, additions, renovations, or corrective
      repairs of a state-owned, general-funded building or other
      physical facility occurred.
      
           (2)  The guidelines shall be annually reviewed and approved
      by the capital development committee.
      
           (3)  The guidelines shall provide for a waiver of eligibility
      requirements that a state agency or state institution of higher
      education may request in writing. If the state architect
      determines that special consideration is appropriate, he or she
      shall seek approval from the capital development committee.
      
           (4)  The guidelines shall be posted on the web site of the
      office of the state architect.
      
           (5)  Notwithstanding the eligibility requirements specified
      in this section, if a need arises for emergency controlled
      maintenance funding, the state agency or state institution of
      higher education shall communicate such need to the state
      architect in writing, and the state architect, in his or her
      discretion, may use moneys in the emergency controlled
      maintenance account created in section 24-75-302 (3.2) to fund
      such emergency controlled maintenance need. The state
      architect shall annually provide an emergency controlled
      maintenance funding status report to the capital development
      committee that shows spending for emergency controlled
      maintenance projects from the emergency controlled
      maintenance account.
      
           SECTION 2.  In Colorado Revised Statutes, 24-75-302, add (3.2)
      as follows:
      
           24-75-302.  Capital construction fund - capital assessment fees -
      calculation. (3.2)  There is hereby created a special account within
      the capital construction fund established pursuant to subsection
      (1) of this section to be known as the emergency controlled
      maintenance account. The account shall consist of any moneys
      appropriated to the account by the general assembly. The moneys
      in the account shall be subject to annual appropriation and shall
      be used only to fund any unplanned and immediate controlled
      maintenance needs pursuant to section 24-30-1303.9 (5). All moneys
      unexpended or unencumbered in any fiscal year shall remain in
      the account.
      
           SECTION 3.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      8, 2012, if adjournment sine die is on May 9, 2012); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2012
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO