NOTE: The governor signed this measure on 2/23/2012. HOUSE BILL 12-1185 BY REPRESENTATIVE(S) Gerou, Becker, Levy, Casso, Fields, Hamner, Labuda, Peniston, Solano, Todd, Vigil, Williams A., Wilson, Young; also SENATOR(S) Hodge, Steadman, Lambert, Brophy. Concerning a supplemental appropriation to the department of higher education. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Appropriation to the department of higher education for the fiscal year beginning July 1, 2011. In Session Laws of Colorado 2011, section 2 of chapter 335, (SB 11-209), amend Part VI as follows: Section 2. Appropriation. PART VI DEPARTMENT OF HIGHER EDUCATION (1) DEPARTMENT ADMINISTRATIVE OFFICE Health, Life, and Dental 1,028,168 709,171 a 201,398 b 117,599 Short-term Disability 14,120 9,810 a 2,507 b 1,803 S.B. 04-257 Amortization Equalization Disbursement 223,346 155,179 a 39,652 b 28,515 S.B. 06-235 Supplemental Amortization Equalization Disbursement 179,475 124,698 a 31,863 b 22,914 Workers' Compensation 41,652 35,643 a 6,009 b Legal Services for 448 hours 33,918 9,360 a 24,558 b Administrative Law Judge Services 467 467 a 496 496 a Purchase of Services from Computer Center 107,140 102,158 a 4,982 b Multiuse Network Payments 74,792 74,792 a Management and Administration of OIT 98,276 98,276 a Payment to Risk Management and Property Funds 29,090 27,803 a 1,287 b Leased Space 514,210 102,842 a 411,368 b 2,344,654 2,344,683 a Of these amounts, $1,273,749 shall be from Limited Gaming Revenues deposited in the State Historical Fund, pursuant to Section 12-47.1-1201, C.R.S., and $176,450 $176,479 shall be from various sources of cash funds. b These amounts shall be from departmental indirect cost recoveries. (2) COLORADO COMMISSION ON HIGHER EDUCATION (A) Administration Administration 2,503,570 256,074 a 1,862,910 b 384,586 (0.4 FTE) (25.5 FTE) (3.6 FTE) a Of this amount, $187,754 shall be from statewide indirect cost recoveries from CollegeInvest and College Assist and $68,320 shall be from private college and university fees paid pursuant to Section 23-1-125 (5), C.R.S. and Section 23-2-104.5, C.R.S. b Of this amount, $1,757,730 shall be from statewide indirect cost recoveries and $105,180 shall be from the Department of Education for assistance in aligning public education with postsecondary and workforce readiness standards. (B) Division of Private Occupational Schools 633,554 633,554 a (7.8 FTE) a This amount shall be from the Private Occupational Schools Fund created in Section 12-59-116, C.R.S. (C) Special Purpose Western Interstate Commission for Higher Education (WICHE) 125,000 125,000 a WICHE - Optometry 399,000 399,000 a Distribution to Higher Education Competitive Research Authority 1,330,000 1,330,000 b Veterinary School Program Needs 285,000 122,600 c 162,400 a 2,139,000 5,276,124 a These amounts shall be from departmental indirect cost recoveries. b This amount shall be from Waste Tire Recycling Development Cash Fund moneys deposited in the Innovative Higher Education Research Fund pursuant to Section 25-17-202 (3) (a) (I), C.R.S. c This amount shall be from the Western Interstate Commission on Higher Education. (3) COLORADO COMMISSION ON HIGHER EDUCATION FINANCIAL AID (A) Need Based Grants 74,859,186 74,515,865 343,321 a (B) Work Study15 16,612,357 16,612,357 (C) Special Purpose Veterans'/Law Enforcement/ POW Tuition Assistance 364,922 364,922 National Guard Tuition Assistance Fund16 800,000 800,000 Native American Students/Fort Lewis College 11,785,002 11,465,492 319,510 a Nursing Teacher Loan Forgiveness Pilot 161,600 161,600 GEAR - UP 600,000 600,000 13,711,524 105,183,067 a These amounts shall be from departmental indirect cost recoveries. (4) COLLEGE OPPORTUNITY FUND PROGRAM (A) Stipends Stipends for an estimated 147,334 eligible full-time equivalent students attending state institutions at $1,860.00 per 30 credit hours 274,041,240 Stipends for an estimated 1,160 eligible full-time equivalent students attending participating private institutions at $930.00 per 30 credit hours 1,078,800 275,120,040 262,791,137 12,328,903 a (B) Fee-for-service Contracts with State Institutions 214,404,430 214,404,430 a 225,424,632 11,020,202 489,524,470 500,544,672 a These amounts shall be from the General Fund Exempt Account created in Section 24-77-103.6 (2), C.R.S. (5) GOVERNING BOARDS (A) Trustees of Adams State College17, 18 30,070,363 18,879,948 a 11,190,415 b (294.7 FTE) a Of this amount, $15,904,891 shall be from the students' share of tuition, $2,951,165 shall be from academic fees and academic facility fees, and $23,892 represents an estimate of limited gaming tax revenues that will be distributed pursuant to Section 12-47.1-701.5 (3) (c) (I), C.R.S. b Of this amount, $2,944,380 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for student stipend payments and $8,246,035 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for fee-for-service contracts. (B) Trustees of Mesa State College17, 18 65,990,642 47,490,067 a 18,500,575 b (534.5 FTE) a Of this amount,$46,647,066 shall be from the students' share of tuition, $632,210 shall be from academic fees and academic facility fees, and $210,791 represents an estimate of limited gaming tax revenues that will be distributed pursuant to Section 12-47.1-701.5 (3) (c) (I), C.R.S. b Of this amount, $11,437,140 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for student stipend payments and $7,063,435 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for fee-for-service contracts. (C) Trustees of Metropolitan State College of Denver17, 18 131,098,699 94,137,220 a 36,961,479 b (1,299.0 FTE) a Of this amount,$76,625,526 shall be from the students' share of tuition and $17,511,694 shall be from academic fees and academic facility fees. b Of this amount, $33,515,340 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for student stipend payments and $3,446,139 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for fee-for-service contracts. (D) Trustees of Western State College17, 18 21,227,956 11,883,709 a 9,344,247 b (231.9 FTE) a Of this amount $10,652,217 shall be from the student's share of tuition and $1,231,492 shall be from shall be from academic fees and academic facility fees. b Of this amount, $2,497,980 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for student stipend payments and $6,846,267 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for fee-for-service contracts. (E) Board of Governors of the Colorado State University System17, 18 390,756,718 284,110,185 a 106,646,533 b (4,037.8 FTE) a Of this amount,$267,356,992 shall be from the students' share of tuition and $16,753,193 shall be from academic fees and academic facility fees. b Of this amount, $39,089,760 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for student stipend payments, $67,386,773 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for fee-for-service contracts, and $170,000 shall be from moneys appropriated to the Department of Local Affairs from the Local Government Mineral Impact Fund created in Section 34-63-102 (5) (a) (I), C.R.S. The amount from the Local Government Mineral Impact Fund represents a 2011 calendar year grant, and any unexpended balance on June 30, 2011, is intended to roll forward and remain available for expenditure through June 30, 2012. (F) Trustees of Fort Lewis College17, 18 41,250,496 31,879,379 a 9,371,117 b (417.8 FTE) a Of this amount, $30,782,564 shall be from the students' share of tuition and $1,096,815 shall be from academic fees and academic facility fees. b Of this amount, $4,283,580 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for student stipend payments, $5,039,537 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for fee-for-service contracts, and $48,000 shall be from moneys appropriated to the Department of Local Affairs from the Local Government Mineral Impact Fund created in Section 34-63-102 (5) (a) (I), C.R.S. The amount from the Local Government Mineral Impact Fund represents a 2011 calendar year grant, and any unexpended balance on June 30, 2011, is intended to roll forward and remain available for expenditure through June 30, 2012. (G) Regents of the University of Colorado17, 18 884,220,891 737,787,628 a 146,433,263 b (6,797.7 FTE) a Of this amount, $678,240,901 shall be from the students' share of tuition, $45,000,000 shall be from academic fees and academic facility fees, and $14,546,727 shall be from the Tobacco Litigation Settlement Moneys Health Education Fund pursuant to Section 24-75-1104.5 (1.5) (a) (I), C.R.S. b Of this amount, $53,164,380 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for student stipend payments, $92,611,352 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for fee-for-service contracts, and $657,531 shall be from moneys appropriated to the Department of Local Affairs from the Local Government Mineral Impact Fund created in Section 34-63-102 (5) (a) (I), C.R.S. The amount from the Local Government Mineral Impact Fund represents a 2011 calendar year grant, and any unexpended balance on June 30, 2011 is intended to roll forward and remain available for expenditure through June 30, 2012. (H) Trustees of the Colorado School of Mines17, 18 102,981,042 11,020,202 86,726,800 a 5,234,040 b 16,254,242 b (766.6 FTE) a Of this amount, $82,523,386 shall be from the students' share of tuition and $4,203,414 shall be from academic fees and academic facility fees. b This amount shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for student stipend payments. (I) University of Northern Colorado17, 18 111,457,751 78,651,145 a 32,806,606 b (1,003.1 FTE) a Of this amount, $73,534,005 shall be from the students' share of tuition and $5,117,140 shall be from academic fees and academic facility fees. b Of this amount, $14,935,800 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for student stipend payments and $17,870,806 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for fee-for-service contracts. (J) State Board for Community Colleges and Occupational Education State System Community Colleges17, 18 387,072,701 272,739,775 a 114,332,926 b (5,736.6 FTE) a Of this amount, $255,384,239 shall be from the students' share of tuition, $11,652,406 shall be from academic fees and academic facility fees, and $5,703,130 represents an estimate of limited gaming tax revenues that will be distributed pursuant to Section 12-47.1-701.5 (3) (c) (I), C.R.S. b Of this amount, $106,938,840 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for student stipend payments, $5,894,086 shall be from General Fund appropriated to the College Opportunity Fund Program in the Department of Higher Education for fee-for-service contracts, and $1,500,000 shall be from moneys appropriated to the Department of Local Affairs from the Local Government Mineral Impact Fund created in Section 34-63-102 (5) (a) (I), C.R.S., for faculty and the development of community college-level curricula on alternative, renewable, and existing energies. 2,166,127,259 (6) LOCAL DISTRICT JUNIOR COLLEGE GRANTS PURSUANT TO SECTION 23-71-301, C.R.S.19 12,506,424 11,909,951 596,473 a a This amount represents an estimate of limited gaming tax revenues that will be distributed pursuant to Section 12-47.1-701.5 (3) (c) (I), C.R.S. (7) DIVISION OF OCCUPATIONAL EDUCATION (A) Administrative Costs 900,000 900,000 a (9.0 FTE) a Of this amount, $463,826 shall be from statewide indirect cost recoveries and $436,174 shall be from departmental indirect cost recoveries. (B) Distribution of State Assistance for Career and Technical Education pursuant to Section 23-8-102. C.R.S. 23,584,498 23,584,498 a a This amount shall be from moneys appropriated in the Department of Education. (C) Area Vocational School Support 7,664,871 7,664,871 (D) Sponsored Programs (1) Administration 2,220,227 (23.0 FTE) (2) Programs 14,737,535 16,957,762 16,957,762 (E) Colorado First Customized Job Training 2,725,022 2,725,022 a a This amount shall be from moneys appropriated in the Governor's Office. 51,832,153 (8) AURARIA HIGHER EDUCATION CENTER17 Administration 17,670,252 17,670,252 a (172.9 FTE) a This amount shall be from the appropriations for the State Board of Community Colleges and Occupational Education, the Trustees of Metropolitan State College, and the Regents of the University of Colorado. (9) STATE HISTORICAL SOCIETY (A) Cumbres and Toltec Railroad Commission 202,500 202,500 (B) Sponsored Programs 250,000 20,000 a 230,000 (3.5 FTE) a This amount shall be from grants and contracts. (C) Auxiliary Programs 1,553,672 1,553,672 a (14.5 FTE) a This amount shall be from museum shop sales, micro-photo services, public education programs, membership and publication services, traveling exhibits, rentals, special event fees, donations, and gifts. (D) Gaming Revenue Gaming Cities Distribution 5,417,211 5,417,211 a Statewide Preservation Grant Program 14,758,933 14,758,933 a (18.0 FTE) Society Museum and Preservation Operations 7,513,118 6,816,022 b 697,096 (91.9 FTE) 27,689,262 a These amounts shall be from Limited Gaming Revenues deposited in the State Historical Fund, pursuant to Section 12-47.1-1201, C.R.S. b Of this amount, $5,639,009 shall be from Limited Gaming revenues deposited in the State Historical Fund, pursuant to Section 12-47.1-1201, C.R.S., and $1,177,013 shall be from museum admission fees, user charges, and other sources of cash funds. 29,695,434 TOTALS PART VI (HIGHER EDUCATION) $2,880,159,837 $397,508,897 $226,733,333 a $1,697,240,594 $539,636,738 $19,040,275 $2,891,180,068 $1,697,240,623 $550,656,940 a This amount shall be from the General Fund Exempt Account created in Section 24-77-103.6 (2), C.R.S. FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 15 Department of Higher Education, Colorado Commission on Higher Education Financial Aid, Work Study -- It is the intent of the General Assembly to allow the Colorado Commission on Higher Education to roll forward two percent of the Work Study appropriation to the next fiscal year. 16 Department of Higher Education, Colorado Commission on Higher Education Financial Aid, Special Purpose, National Guard Tuition Assistance Fund -- It is the intent of the General Assembly that only the minimum funds necessary to pay tuition assistance for qualifying applicants pursuant to Section 23-5-111.4, C.R.S., will be transferred to the National Guard Tuition Fund administered by the Department of Military Affairs. Any funds appropriated in this line item that are in excess of the minimum necessary to pay tuition assistance for qualifying applicants may be used for need-based financial aid. 17 Department of Higher Education, Governing Boards, Trustees of Adams State College; Trustees of Mesa State College; Trustees of Metropolitan State College of Denver; Trustees of Western State College; Board of Governors of the Colorado State University System; Trustees of Fort Lewis College; Regents of the University of Colorado; Trustees of the Colorado School of Mines; University of Northern Colorado; State Board for Community Colleges and Occupational Education State System Community Colleges; and Auraria Higher Education Center -- Notwithstanding the limitations set forth in subsection (3) of section 1 of this act, the FTE reflected in these line items are shown for informational purposes and are not intended to be a limitation on the budgetary flexibility allowed by Section 23-1-104 (1) (a) (I), C.R.S. 18 Department of Higher Education, Governing Boards, Trustees of Adams State College; Trustees of Mesa State College; Trustees of Metropolitan State College of Denver; Trustees of Western State College; Board of Governors of the Colorado State University System; Trustees of Fort Lewis College; Regents of the University of Colorado; Trustees of the Colorado School of Mines; University of Northern Colorado; and State Board for Community Colleges and Occupational Education State System Community Colleges -- The cash funds appropriations from tuition and from academic and academic facility fees are for informational purposes only. Within the parameters of Section 23-5-130.5, C.R.S., higher education governing boards may set the tuition rates for the institutions they govern. The appropriation reflects the projected tuition if institutions increase Colorado resident tuition rates 9.0 percent and nonresident rates 5.0 percent. The General Assembly requests that with the FY 2012-13 budget request the Governor and the Colorado Commission on Higher Education include the assumed tuition rate increases with the level of General Fund support requested. 19 Department of Higher Education, Local District Junior College Grants Pursuant to Section 23-71-301, C.R.S. -- It is the intent of the General Assembly in making this appropriation that local district tax revenue supplement, rather than supplant, the amount of General Fund provided, and thus annual General Fund adjustments should be equitable with General Fund adjustments for the state-operated governing boards. 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