Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO PREAMENDED This Unofficial Version Includes Committee Amendments Not Yet Adopted on Second Reading LLS NO. 12-0345.01 Ed DeCecco x4216 SENATE BILL 12-019 SENATE SPONSORSHIP Shaffer B., HOUSE SPONSORSHIP Kerr A., Senate Committees House Committees State, Veterans & Military Affairs Appropriations A BILL FOR AN ACT Concerning suspension of payments to a member of the general assembly in the event that the general assembly fails to pass bills critical to financing government operations. 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 suspends all compensation, reimbursement, or other payments of any kind to a member of the general assembly if the general assembly fails to present to the governor both the annual general appropriation act and the annual school finance act. If applicable, the pay is suspended as of the first day of the interim until such time the general assembly presents both such bills to the governor or December 1 of the same year, whichever is earlier. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Short title. This act shall be known and may be cited as the "Colorado On-time Budget Act of 2012". SECTION 2. In Colorado Revised Statutes, 2-2-307, add (6) as follows: 2-2-307. Compensation of members - reimbursement of expenses - suspension. (6) Notwithstanding any provision of law to the contrary, all payments of any kind required or permitted pursuant to this section to a member of the general assembly are suspended on the first day of the interim between sessions if, during the just completed regular session, the general assembly fails to present to the governor the annual general appropriation act and the annual public school finance act. Payments recommence when the general assembly presents both such bills to the governor or December 1 of the same year, whichever is earlier. When payments recommence, a member of the general assembly is entitled to receive all suspended payments on the next possible regularly scheduled pay period. SECTION 3. In Colorado Revised Statutes, 2-2-317, add (4) as follows: 2-2-317. Expense, subsistence, and travel allowance - suspension - repeal. (4) Notwithstanding any provision of law to the contrary, all payments of any kind required or permitted pursuant to this section to a member of the general assembly are suspended on the first day of the interim between sessions if, during the just completed regular session, the general assembly fails to present to the governor the annual general appropriation act and the annual public school finance act. Payments recommence when the general assembly presents both such bills to the governor or December 1 of the same year, whichever is earlier. When payments recommence, a member of the general assembly is entitled to receive all suspended payments on the next possible regularly scheduled pay period. SECTION 4. In Colorado Revised Statutes, add 2-3-208 as follows: 2-3-208. Colorado on-time budget advisory committee - definitions - repeal. (1) As used in this section, unless the context otherwise requires: (a) "Advisory committee" means the Colorado on-time budget advisory committee created in subsection (2) of this section. (b) "Critical budget bills" means the annual general appropriation act, the annual public school finance act, or similar bills from other states. (c) "State budget process" means the manner in which the general assembly or other state legislature passes critical budget bills or other similar bills. (2) There is hereby created the Colorado on-time budget advisory committee for the purpose of providing guidance related to the state budget process and measures to ensure the timely passage of critical budget bills. (3) (a) The advisory committee consists of twelve members appointed no later than June 1, 2012, for a term ending June 30, 2013, as follows: (I) Four members of the house of representatives, two of whom are appointed by the speaker of the house of representatives and two of whom are appointed by the minority leader of the house of representatives; (II) Four members of the senate, two of whom are appointed by the president of the senate and two of whom are appointed by the minority leader of the senate; and (III) Four persons appointed by the governor who have expertise in the state budget process. (b) The advisory committee is required to meet at least six times in order to undertake its duties. (4) The advisory committee shall: (a) Review the current state budget process; (b) Analyze the state budget process in other states; (c) Analyze methods from other states to ensure the timely passage of critical budget bills, including the suspension of payments to members of a state legislature; (d) Consider alternatives to the current state budget process; (e) Consider alternatives to ensure the timely passage of critical budget bills; and (f) Make recommendations regarding the best state budget process and methods to ensure the timely passage of critical budget bills. (5) (a) On or before January 1, 2013, the advisory committee shall prepare a report regarding its findings and recommendations and distribute the report to all members of the general assembly. No later that January 15, 2013, the advisory committee shall present the report to the joint budget committee and the finance committees of the house of representatives and the senate, or any successor committees. (b) (I) Prior to finalizing the report, the advisory committee shall present its proposed findings at at least three public meetings at locations throughout the state and take public comment on the proposed findings. The advisory committee shall consider the public comments when finalizing the report. (II) The meetings required pursuant to subparagraph (I) of this paragraph (b) are in addition to the meetings required pursuant to paragraph (b) of subsection (3) of this section. (6) Nonlegislative members of the advisory committee may be reimbursed for all necessary and actual expenses incurred in the performance of their duties. (7) The legislative council staff and the office of legislative legal services may provide staff support to the advisory committee. (8) This section is repealed, effective July 1, 2013. Prior to the repeal of this section, the advisory committee is required to be reviewed as provided in section 2-3-1203 (3), C.R.S. SECTION 5. In Colorado Revised Statutes, 2-3-1203, add (3) (z) (VIII) as follows: 2-3-1203. Sunset review of advisory committees. (3) The following dates are the dates for which the statutory authorization for the designated advisory committees is scheduled for repeal: (z) July 1, 2013: (VIII) The Colorado on-time budget advisory committee created in section 2-3-208 (2), C.R.S. SECTION 6. 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.