NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. SENATE BILL 13-094 BY SENATOR(S) Steadman, Hodge, Lambert; also REPRESENTATIVE(S) Levy, Duran, Gerou, Fields, Kagan, Labuda, Salazar, Young. 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, 2012. In Session Laws of Colorado 2012, section 2 of chapter 305, (HB 12-1335), amend Part X as follows: Section 2. Appropriation. PART X DEPARTMENT OF LAW (1) ADMINISTRATION Personal Services 3,049,837 14,072 3,035,765 a (41.7 FTE) Health, Life, and Dental 2,620,363 712,358 307,246 b 1,497,893 c 102,866 d Short-term Disability 49,196 13,008 4,457 b 30,127 c 1,604 d S.B. 04-257 Amortization Equalization Disbursement 965,510 271,731 93,597 b 559,668 c 40,514 d S.B. 06-235 Supplemental Amortization Equalization Disbursement 828,618 232,402 80,435 b 480,964 c 34,817 d Workers' Compensation 73,256 19,388 7,666 b 43,950 c 2,252 d Attorney Registration and Continuing Legal Education 99,263 21,769 3,000 b 72,525 c 1,969 d Operating Expenses 193,513 193,513 a Administrative Law Judge Services 1,135 1,135 b Purchase of Services from Computer Center 107,588 107,588 a Payment to Risk Management and Property Funds 87,949 87,949 a 128,156 40,207 Vehicle Lease Payments 70,285 19,980 21,501 b 26,189 c 2,615 d Information Technology Asset Maintenance 445,807 21,754 63,299 b 359,373 c 1,381 d ADP Capital Outlay 154,370 154,370 e Leased Space 27,789 4,580 3,052 b 19,985 c 172 d Capitol Complex Leased Space 1,273,320 335,366 132,620 b 766,375 c 38,959 d Security for State Services Building 140,489 37,180 14,704 b 84,287 c 4,318 d Communication Services Payments 10,614 3,765 2,868 b 1,448 c 2,533 d COFRS Modernization 46,431 46,431 a Attorney General Discretionary Fund 5,000 5,000 10,250,333 10,290,540 a Of these amounts, $2,913,501 shall be from departmental indirect cost recoveries and $557,745 shall be from statewide indirect cost recoveries collected by the Department of Law. b These amounts shall be from various sources of cash funds. Of these amounts, $131,114(I) shall be from custodial moneys and $15,258 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. Pursuant to Section 24-31-108 (3), C.R.S., custodial moneys received by the Attorney General are not subject to annual appropriation but the expenditure of such moneys may be indicated in the annual general appropriation act. Expenditures from custodial moneys and 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 These amounts shall be from various sources of reappropriated funds. d Of these amounts, $194,715 shall be from the federal Medicaid Fraud Control Program administered by the U.S. Department of Health and Human Services and $39,285(I) shall be from the Colorado Justice Review Project, a grant provided by the U.S. Department of Justice. e This amount shall be from the Attorney Fees and Costs Account created in Section 24-31-108 (2), C.R.S. (2) LEGAL SERVICES TO STATE AGENCIES39 Personal Services 20,510,299 20,940,239 (237.9 FTE) (241.4 FTE) Operating and Litigation 1,670,720 1,718,491 Indirect Cost Assessment 2,950,911 25,131,930 280,576 a 24,851,354 b 25,609,641 25,329,065 b a This amount shall be from the Legal Services Cash Fund created in Section 24-31-108 (2.5), C.R.S. This amount includes various sources of cash funds received for the provision of legal services to entities for which there is not a corresponding initial appropriation made to the entity purchasing such services. b This amount shall be from the Legal Services Cash Fund created in Section 24-31-108 (2.5), C.R.S. This amount shall be transferred from various state agencies from various sources of funds for the provision of legal services. (3) CRIMINAL JUSTICE AND APPELLATE Special Prosecutions Unit 2,816,528 1,391,287 870,476 a 554,765 b (14.2 FTE) (10.4 FTE) (5.9 FTE) Auto Theft Prevention Grant 239,075 239,075 c (2.0 FTE) Appellate Unit 2,703,455 2,189,829 513,626 d (31.0 FTE) (1.0 FTE) Medicaid Fraud Control Unit 1,579,511 394,876 (M) 1,184,635 e (4.3 FTE) (12.7 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 446,544 215,830 g 73,184 b 157,530 e 10,569,419 a This amount shall be from the Insurance Fraud Cash Fund created in Section 10-3-207.5 (2), C.R.S., and from moneys received from Pinnacol Assurance for the investigation and prosecution of insurance fraud. b These amounts shall be transferred from the Department of Regulatory Agencies, Division of Securities, Securities Fraud Prosecution line item from the Division of Securities Cash Fund pursuant to Section 11-51-603.5 (2), C.R.S. c This amount shall be transferred from the Department of Public Safety, Colorado State Patrol, Automobile Theft Prevention Authority line item from a grant awarded pursuant to Section 42-5-112 (3), C.R.S. d Of this amount, $440,975 shall be from departmental indirect cost recoveries and $72,651 shall be transferred from the Department of Public Safety, Division of Criminal Justice, Victims Assistance, State Victims Assistance and Law Enforcement Program line item pursuant to Section 24-33.5-506 (1) (c), C.R.S. 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, $129,002 shall be from the Insurance Fraud Cash Fund created in Section 10-3-207.5 (2), C.R.S., and from moneys received from Pinnacol Assurance for the investigation and prosecution of insurance fraud, and $86,828 shall be from the P.O.S.T. Board Cash Fund created in Section 24-31-303 (2) (b), 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 d 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 transferred from the Department of Public Health and Environment, Hazardous Materials and Waste Management Division, Contaminated Site Cleanups and Remediation Programs, Transfer to the Department of Law for CERCLA-Related Costs and the Transfer to the Department of Law for Natural Resource Damage Claims at Rocky Mountain Arsenal line items, from the Hazardous Substance Response Fund pursuant to Section 25-16-104.5 (1.7), C.R.S. (5) CONSUMER PROTECTION Consumer Protection and Antitrust 2,167,295 928,104 997,710 a 241,481 b (9.0 FTE) (14.0 FTE) (3.0 FTE) Consumer Credit Unit 1,521,916 1,521,916 c (20.0 FTE) Indirect Cost Assessment 471,352 434,140 d 37,212 b 4,160,563 a Of this amount, $797,528(I) shall be from custodial moneys, $153,795 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., $25,719 shall be from Colorado No-call List annual registration fees collected pursuant to Section 6-1-905 (3) (b) (II), C.R.S., and $20,668 shall be from the Building Regulation Fund created in Section 24-32-3309 (1) (a), C.R.S. Pursuant to Section 24-31-108 (3), C.R.S., custodial moneys received by the Attorney General are not subject to annual appropriation but the expenditure of such moneys may be indicated in the annual general appropriation act. Expenditures from custodial moneys and 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. b These amounts shall be transferred from the Department of Regulatory Agencies, Division of Real Estate, Mortgage Broker Consumer Protection line item, from the Mortgage Company and Loan Originator Licensing Cash Fund pursuant to Sections 12-61-908 (2) and 12-61-909, 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, $248,080 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., $173,656(I) shall be from custodial moneys, 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. Pursuant to Section 24-31-108 (3), C.R.S., custodial moneys received by the Attorney General are not subject to annual appropriation but the expenditure of such moneys may be indicated in the annual general appropriation act. Expenditures from custodial moneys and 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. (6) SPECIAL PURPOSE District Attorneys' Salaries 2,656,368 2,656,368 Litigation Management and Technology40 325,000 325,000 a Tobacco Litigation 880,000 880,000 b Lobato Litigation Expenses 50,000 50,000 c Lowry Range Litigation Expenses 638,870 638,870 d 4,550,238 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 2011-12 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 transferred from the Governor - Lieutenant Governor - State Planning and Budgeting, Office of the Governor, Lobato Litigation Expenses line item. d This amount shall be received from the State Board of Land Commissioners Investment and Development Fund created in Section 36-1-153 (1), C.R.S. TOTALS PART X (LAW) $57,000,607 $9,887,386 $10,583,286 a $34,953,770 $1,576,165 b $57,518,525 $9,927,593 $35,431,481 a Of this amount, $1,102,298 contains an (I) notation. b Of this amount, $39,285 contains an (I) notation. 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 $79.87 per hour for attorneys and not exceed $64.79 per hour for legal assistants, which equates to a blended rate of $77.25 per hour. 40 Department of Law, Special Purpose, Litigation Management and Technology --It is the intent of the General Assembly to grant the Department of Law additional flexibility by allowing the Department to use moneys appropriated in this line item to address unanticipated state legal needs that arise during FY 2012-13, as well as information technology asset maintenance needs that would otherwise require General Fund appropriations during FY 2012-13. It is also the intent of the General Assembly that moneys spent from this line item 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 line item will not be used to offset present or future personal services deficits in any division in the Department. The Department is requested to include with its annual budget request information detailing the purpose of line item expenditures. Such information 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. ____________________________ ____________________________ John P. Morse Mark Ferrandino PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO