NOTE: The governor signed this measure on 2/23/2012. HOUSE BILL 12-1196 BY REPRESENTATIVE(S) Gerou, Becker, Levy, Fischer, Labuda; also SENATOR(S) Hodge, Steadman, Lambert. Concerning a supplemental appropriation to the department of regulatory agencies. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Appropriation to the department of regulatory agencies for the fiscal year beginning July 1, 2011. In Session Laws of Colorado 2011, section 2 of chapter 335, (SB 11-209), amend Part XVIII as follows: Section 2. Appropriation. PART XVIII DEPARTMENT OF REGULATORY AGENCIES (1) EXECUTIVE DIRECTOR'S OFFICE AND ADMINISTRATIVE SERVICES Personal Services 2,254,768 3,500 29,000 a 2,222,268 b (27.5 FTE) Health, Life, and Dental 2,873,888 92,463 2,596,890 c 157,668 b 26,867 d Short-term Disability 56,574 1,956 49,889 c 4,325 b 404 d S.B. 04-257 Amortization Equalization Disbursement 880,361 30,573 789,205 c 54,187 b 6,396 d S.B. 06-235 Supplemental Amortization Equalization Disbursement 707,267 24,403 634,182 c 43,543 b 5,139 d Workers' Compensation 70,066 2,328 64,296 c 2,337 b 1,105 d Operating Expenses 210,344 3,689 95,427 c 111,228 b Legal Services for 103,203 hours 7,813,499 153,464 7,487,586 c 30,433 b 142,016 d Administrative Law Judge Services 405,007 18,658 386,349 c 430,196 19,819 410,377 c Purchase of Services from Computer Center 1,695,122 60,624 1,634,498 c Multiuse Network Payments 149,825 5,385 144,440 c Management and Administration of OIT 278,679 9,957 268,722 c Payment to Risk Management and Property Funds 106,459 3,537 97,694 c 3,550 b 1,678 d Vehicle Lease Payments 151,802 151,802 c 184,182 184,182 c Information Technology Asset Maintenance 671,403 480,646 c 190,757 b Leased Space 3,038,518 106,866 2,536,022 c 356,190 b 39,440 d Capitol Complex Leased Space 6,098 6,098 c Hardware/Software Maintenance 686,330 800 426,928 c 258,602 b Consumer Outreach / Education Program 200,000 200,000 e 22,256,010 22,313,579 a Of this amount, it is estimated that $6,000 shall be from the Limited Gaming Fund created in Section 12-47.1-701 (1), C.R.S., $5,000 shall be from the Stationary Sources Control Fund created in Section 25-7-114.7 (2) (b) (I), C.R.S., $5,000 shall be from the Coordination Council Cash Fund created in Section 24-33-303 (2), C.R.S., $4,000 shall be from the Health Facilities General Licensure Cash Fund created in Section 25-3-103.1 (1), C.R.S., $3,500 shall be from the Licensing Services Cash Fund created in Section 42-2-114.5 (1), C.R.S., $2,750 shall be from the Water Quality Control Fund created in Section 25-8-502 (1) (c), C.R.S., and $2,750 shall be from the Drinking Water Cash Fund created in Section 25-1.5-209 (2), C.R.S. b Of these amounts, it is estimated that $3,430,088 shall be from indirect cost recoveries and $5,000 shall be from other departments for sunset reviews. c These amounts shall be from various cash sources within the Department. d These amounts shall be from the Equal Employment Opportunity Commission, the U.S. Department of Housing and Urban Development, the U.S. Department of Justice, and the Health Information Counseling and Assistance Grant Program. These amounts are included for informational purposes only. e This amount shall be from the Consumer Outreach and Education Cash Fund created in Section 24-34-108 (2), C.R.S. (2) DIVISION OF BANKING Personal Services 3,612,383 3,612,383 a (47.5 FTE) Operating Expenses 506,387 506,387 a Board Meeting Costs 23,500 23,500 a Indirect Cost Assessment 315,930 315,930 a 4,458,200 a These amounts shall be from the Division of Banking Cash Fund created in Section 11-102-403, C.R.S. (3) CIVIL RIGHTS DIVISION Personal Services 1,609,144 1,023,546 232,343 a 353,255 b (18.4 FTE) (2.0 FTE) (11.0 FTE) Operating Expenses 100,438 59,318 41,120 b Hearings Pursuant to Complaint 18,000 17,000 1,000 b Commission Meeting Costs 12,374 5,174 7,200 b Indirect Cost Assessment 51,798 51,798 b 1,791,754 a This amount shall be from statewide indirect cost recoveries. b These amounts shall be from the Equal Employment Opportunity Commission and the U.S. Department of Housing and Urban Development, and are included for informational purposes only. (4) OFFICE OF CONSUMER COUNSEL Personal Services 792,953 792,953 a (7.0 FTE) Operating Expenses 55,787 55,787 a Indirect Cost Assessment 46,558 46,558 a 895,298 a These amounts shall be from the Public Utilities Commission Fixed Utility Fund created in Section 40-2-114, C.R.S. (5) DIVISION OF FINANCIAL SERVICES Personal Services 1,134,247 1,134,247 a (15.0 FTE) Operating Expenses 161,788 161,788 a Indirect Cost Assessment 99,767 99,767 a 1,395,802 a These amount shall be from the Division of Financial Services Cash Fund created in Section 11-40-106 (2), C.R.S. (6) DIVISION OF INSURANCE Personal Services 5,787,409 5,787,409 a (84.7 FTE) Operating Expenses 297,049 297,049 a Out-of-State Travel Expenses 100,000 100,000 b Senior Health Counseling Program 509,000 509,000 (2.0 FTE) Transfer to CAPCO Administration 80,281 80,281 a Indirect Cost Assessment 571,561 563,353 a 8,208 7,345,300 a Of these amounts, it is estimated that $6,716,092 shall be from the Division of Insurance Cash Fund created in Section 10-1-103 (3), C.R.S. and $12,000 shall be from the Viatical Settlements Cash Fund created in Section 10-7-619, C.R.S. b This amount shall be from reimbursements from insurance companies for travel expenses and are shown for purposes of complying with the limitation on state fiscal year spending imposed by Section 20 of Article X of the State Constitution and are continuously appropriated pursuant to Section 10-1-108 (9), C.R.S. (7) PUBLIC UTILITIES COMMISSION Personal Services 8,753,625 8,753,625 a (101.1 FTE) Operating Expenses 445,689 445,689 a Expert Testimony 25,000 25,000 a Disabled Telephone Users Fund Payments 2,439,591 2,439,591 b Transfer to Reading Services for the Blind Cash Fund 250,000 250,000 b Commission for the Deaf and Hard of Hearing Cash Fund 878,964 878,964 b Colorado Commission for Individuals who are Blind or Visually Impaired 112,067 112,067 b Low Income Telephone Assistance 2,143,752 2,143,752 c Colorado Bureau of Investigation Background Checks Pass-through 67,128 67,128 a Indirect Cost Assessment 672,432 672,432 a 15,788,248 a Of these amounts, it is estimated that $7,773,102 shall be from the Public Utilities Commission Fixed Utility Fund created in Section 40-2-114, C.R.S., $2,004,154 shall be from the Public Utilities Commission Motor Carrier Fund created in Section 40-2-110.5 (6), C.R.S., $109,949 shall be from the Colorado Disabled Telephone Users Fund created in Section 40-17-104 (1), C.R.S., and $76,669 shall be from the Colorado High Cost Administration Fund created in Section 40-15-208 (3), C.R.S. b These amounts shall be from the Colorado Disabled Telephone Users Fund created in Section 40-17-104 (1), C.R.S. These amounts are shown for purposes of complying with Section 20 of Article X of the State Constitution, and are shown for informational purposes only. c This amount shall be from the Low-Income Telephone Assistance Fund created in Section 40-3.4-108 (2) (a), C.R.S. (8) DIVISION OF REAL ESTATE Personal Services 3,323,782 3,323,782 a (52.3 FTE) Operating Expenses 219,546 219,546 a Commission Meeting Costs 38,836 38,836 a Hearings Pursuant to Complaint 4,000 4,000 a Mortgage Broker Consumer Protection 308,544 308,544 a Indirect Cost Assessment 347,856 347,856 a 4,242,564 a Of these amounts, it is estimated that $3,023,283 shall be from the Division of Real Estate Cash Fund created in Section 12-61-111.5 (2) (b), C.R.S., $811,500 shall be from the Mortgage Company and Loan Originator Licensing Cash Fund created in Section 12-61-908 (2), C.R.S., $114,509 shall be from the Conservation Easement Holder Certification Fund created in Section 12-61-720 (3), C.R.S., $190,149 shall be from the HOA Information and Resource Center Cash Fund created in Section 12-61-406.5 (4), C.R.S., and $103,123 shall be from the Conservation Easement Appraisal Review Fund created in Section 12-61-719 (8), C.R.S. (9) DIVISION OF REGISTRATIONS Personal Services 11,965,015 (187.1 FTE) Operating Expenses 1,354,753 Office of Expedited Settlement Program Costs 361,397 (5.0 FTE) Hearings Pursuant to Complaint 307,075 Payments to Department of Health Care Policy and Financing 14,652 Indirect Cost Assessment 1,277,687 15,280,579 14,661,165 a 619,414 b a Of this amount, it is estimated that $14,593,220 shall be from the Division of Registrations Cash Fund created in Section 24-34-105 (2) (b) (I), C.R.S. and $67,945 shall be from the Prescription Drug Monitoring Fund created in Section 12-22-706 (1), C.R.S. b Of this amount, it is estimated that $325,343 shall be from the Department of Health Care Policy and Financing and $294,071 shall be from the Department of Public Health and Environment. (10) DIVISION OF SECURITIES Personal Services 2,157,670 2,157,670 a (26.0 FTE) Operating Expenses 73,009 73,009 a Hearings Pursuant to Complaint 19,594 19,594 a Board Meeting Costs 4,500 4,500 a Securities Fraud Prosecution 727,381 727,381 a Indirect Cost Assessment 172,930 172,930 a 3,155,084 a These amounts shall be from the Division of Securities Cash Fund created in Section 11-51-707 (2), C.R.S. TOTALS PART XVIII (REGULATORY AGENCIES) $76,608,839 $1,623,241 $69,504,127 $4,286,845 $1,194,626 $76,666,408 $1,624,402 $69,560,535 SECTION 2. Appropriation to the department of regulatory agencies for the fiscal year beginning July 1, 2011. In Session Laws of Colorado 2011, section 77 of chapter 285, (SB 11-187), amend (2) as follows: Section 77. Appropriation. (2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the division of registrations cash fund created in section 24-34-105 (2) (b) (I), Colorado Revised Statutes, not otherwise appropriated, to the department of regulatory agencies, for allocation to the division of registrations, for personal services and operating expenses, for the fiscal year beginning July 1, 2011, the sum of two hundred sixty-one thousand five hundred forty dollars ($261,540) cash funds and 3.4 2.1 FTE, or so much thereof as may be necessary, for the implementation of this act. SECTION 3. 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