NOTE: The governor signed this measure on 2/23/2012. HOUSE BILL 12-1189 BY REPRESENTATIVE(S) Gerou, Becker, Levy, McCann, Ryden; also SENATOR(S) Hodge, Steadman, Lambert. Concerning a supplemental appropriation to the department of law. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Appropriation to the department of law for the fiscal year beginning July 1, 2011. In Session Laws of Colorado 2011, section 2 of chapter 335, (SB 11-209), amend Part X as follows: Section 2. Appropriation. PART X DEPARTMENT OF LAW (1) ADMINISTRATION Personal Services 2,973,997 2,973,997 a (40.7 FTE) Health, Life, and Dental 2,281,572 577,900 237,546 b 1,385,970 c 80,156 d Short-term Disability 49,196 13,008 4,457 b 30,127 c 1,604 d S.B. 04-257 Amortization Equalization Disbursement 775,756 203,279 70,505 b 476,591 c 25,381 d S.B. 06-235 Supplemental Amortization Equalization Disbursement 622,261 162,234 56,656 b 382,975 c 20,396 d Workers' Compensation 66,843 18,378 6,919 b 39,449 c 2,097 d Attorney Registration and Continuing Legal Education 92,626 22,238 4,538 b 65,287 c 563 d Operating Expenses 189,679 189,679 a Purchase of Services from Computer Center 73,188 73,188 a Payment to Risk Management and Property Funds 92,047 92,047 a Vehicle Lease Payments 70,176 18,988 23,943 b 24,435 c 2,810 d 65,989 18,277 22,153 b 22,896 c 2,663 d Information Technology Asset Maintenance 407,667 15,291 59,588 b 331,407 c 1,381 d Leased Space 26,220 4,321 2,880 b 18,857 c 162 d Capitol Complex Leased Space 1,284,061 352,895 132,910 b 757,812 c 40,444 d Security for State Services Building 125,430 34,472 12,983 b 74,024 c 3,951 d Communication Services Payments 8,365 2,946 2,269 b 1,146 c 2,004 d Attorney General Discretionary Fund 5,000 5,000 9,144,084 9,139,897 a Of these amounts, $2,760,413 shall be from departmental indirect cost recoveries and $568,511 shall be from statewide indirect cost recoveries. b These amounts shall be from various sources of cash funds. Of these amounts, $82,940 from court-ordered awards and $14,879 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 Of these amounts, $158,545 $158,398 shall be from the federal Medicaid Fraud Control Program administered by the U.S. Department of Health and Human Services and $22,404 shall be from the Colorado Justice Review Project, a grant provided by the U.S. Department of Justice. (2) LEGAL SERVICES TO STATE AGENCIES39 Personal Services 19,473,569 (226.6 FTE) Operating and Litigation 1,479,444 Indirect Cost Assessment 2,809,499 23,762,512 1,659,140 a 22,103,372 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 2,830,320 1,391,287 879,039 a 559,994 b (30.5 FTE) Auto Theft Prevention Grant 239,075 239,075 c (2.0 FTE) Appellate Unit 2,666,027 2,278,605 387,422 d (31.0 FTE) (1.0 FTE) Medicaid Fraud Control Unit 1,579,511 394,876 (M) 1,184,635 e (17.0 FTE) Peace Officers Standards and Training Board Support 2,683,620 2,683,620 f (7.0 FTE) Safe2Tell 100,686 100,686 (1.0 FTE) Indirect Cost Assessment 451,504 222,031 g 71,943 h 157,530 e 10,550,743 a Of this amount, $666,199 shall be from the Insurance Fraud Cash Fund created in Section 10-3-207.5 (2) C.R.S., and $212,840 shall be from the State Compensation Insurance Authority. b This amount shall be from an appropriation to the Department of Regulatory Agencies out of the Division of Securities Cash Fund created in Section 11-51-707 (2), C.R.S. c This amount shall be from a grant received from the Department of Public Safety out of the Colorado Auto Theft Prevention Cash Fund created in Section 42-5-112 (4) (a), C.R.S. d Of this amount, $311,248 shall be from indirect cost recoveries and $76,174 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, $96,751 shall be from the Insurance Fraud Cash Fund created in Section 10-3-207.5 (2), C.R.S., $86,828 shall be from the P.O.S.T. Board Cash Fund created in Section 24-31-303 (2) (b), C.R.S., and $38,452 shall be from the State Compensation Insurance Authority. h This amount shall be from an appropriation to the Department of Regulatory Agencies out of the Division of Securities Cash Fund created in Section 11-51-707 (2), C.R.S. (4) WATER AND NATURAL RESOURCES Federal and Interstate Water Unit 513,883 513,883 (5.5 FTE) Defense of the Colorado River Basin Compact 335,198 335,198 a (3.0 FTE) Defense of the Republican River Compact 110,000 110,000 b Consultant Expenses 400,000 400,000 c Comprehensive Environmental Response, Compensation and Liability Act 460,629 460,629 d (3.5 FTE) Comprehensive Environmental Response, Compensation and Liability Act Contracts 425,000 425,000 d Natural Resource Damage Claims at Rocky Mountain Arsenal 50,000 50,000 e Indirect Cost Assessment 43,414 43,414 d 2,338,124 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 Of this amount $350,000 shall be from the Colorado Water Conservation Board's Litigation Fund Created in Section 37-60-121 (2.5) (a), C.R.S., and $50,000 shall be from the Attorney Fees and Costs Account created in Section 24-31-108 (2), C.R.S. d These amounts shall be from an appropriation to the Department of Public Health and Environment out of the Hazardous Substance Response Fund created in Section 25-16-104.6 (1) (a), C.R.S. 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 1,815,952 928,104 644,143 a 243,705 b (10.0 FTE) (8.0 FTE) (3.0 FTE) Consumer Credit Unit 1,359,706 1,359,706 c (18.0 FTE) Indirect Cost Assessment 334,907 297,695 d 37,212 b 3,510,565 a Of this amount, $342,840 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 an appropriation to the Department of Regulatory Agencies out of the Mortgage Company and Loan Originator Licensing Cash Fund created in Section 12-61-908 (2), C.R.S. 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, $223,272 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., $62,019 shall be from court-ordered awards, and $12,404 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 2,534,796 2,534,796 Litigation Management and Technology Fund40 325,000 325,000 a Tobacco Litigation 880,000 880,000 b Lobato Litigation Expenses 432,500 432,500 c 4,172,296 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 2010-11 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 a General Fund appropriation to the Office of the Governor. TOTALS PART X (LAW) $53,478,324 $9,573,187 $10,460,766 $31,921,257 $1,523,114 $53,474,137 $9,572,476 $10,458,976 $31,919,718 $1,522,967 FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 39 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 $78.49 per hour for attorneys and not exceed $62.39 per hour for paralegals, which equates to a blended rate of $75.71 per hour. 40 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 2011-12, as well as information technology asset maintenance needs that would otherwise require General Fund appropriations during FY 2011-12. 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. ________________________________________________________ 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