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. HOUSE BILL 14-1240 BY REPRESENTATIVE(S) Duran, May, Gerou, Fields, McLachlan, Rosenthal, Salazar; also SENATOR(S) Steadman, Hodge, 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, 2013. In Session Laws of Colorado 2013, section 2 of chapter 441, (SB 13-230), amend Part X as follows: Section 2. Appropriation. PART X DEPARTMENT OF LAW (1) ADMINISTRATION Personal Services 3,139,121 3,139,121 a (42.7 FTE) Health, Life, and Dental 2,850,112 748,515 275,969 b 1,697,754 c 127,874 (I)d Short-term Disability 62,042 15,088 5,852 b 38,675 c 2,427 (I)d S.B. 04-257 Amortization Equalization Disbursement 1,243,606 301,564 116,950 b 776,652 c 48,440 (I)d S.B. 06-235 Supplemental Amortization Equalization Disbursement 1,121,769 271,313 105,579 b 701,147 c 43,730 (I)d Salary Survey for Classified Employees 339,441 73,571 70,627 b 167,876 c 27,367 (I)d Salary Survey for Exempt Employees 4,115,142 888,600 117,733 b 3,057,736 c 51,073 (I)d Merit Pay for Classified Employees 153,103 47,536 27,435 b 65,178 c 12,954 (I)d Merit Pay for Exempt Employees 388,765 92,519 9,388 b 282,623 c 4,235 (I)d Workers' Compensation 74,945 20,172 8,804 b 43,798 c 2,171 (I)d Attorney Registration and Continuing Legal Education 99,263 22,144 2,625 b 72,525 c 1,969 (I)d Operating Expenses 190,629 190,629 a Administrative Law Judge Services 4,362 4,362 b Purchase of Services from Computer Center 55,762 55,762 a Colorado State Network 166,319 166,319 a Payment to Risk Management and Property Funds 128,371 128,371 a Vehicle Lease Payments 62,019 18,377 19,889 b 21,138 c 2,615 (I)d Information Technology Asset Maintenance 445,807 22,803 62,250 b 359,373 c 1,381 (I)d Leased Space 27,789 4,580 3,052 b 19,985 c 172 (I)d Ralph L. Carr Colorado Judicial Center Leased Space 2,926,487 767,179 353,185 b 1,718,514 c 87,609 (I)d Communication Services Payments 8,988 3,598 2,019 b 1,226 c 2,145 (I)d COFRS Modernization 46,431 46,431 a Information Technology Security 2,328 2,328 a Attorney General Discretionary Fund 5,000 5,000 17,657,601 a Of these amounts, $3,215,803 shall be from departmental indirect cost recoveries and $513,158 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, $240,656(I) shall be from custodial moneys. 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 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, $357,594 shall be from the federal Medicaid Fraud Control Program administered by the U.S. Department of Health and Human Services and $58,568 shall be from the Colorado Justice Review Project, a grant provided by the U.S. Department of Justice. These amounts are shown for informational purposes only. (2) LEGAL SERVICES TO STATE AGENCIES45 Personal Services 21,168,224 22,052,724 (244.5 FTE) (250.5 FTE) Operating and Litigation 1,696,667 1,794,944 Indirect Cost Assessment 3,264,492 26,129,383 848,945 a 25,280,438 a 27,112,160 26,263,215 a a These amounts shall be from funds that are received for the provision of legal services and that are credited to the Legal Services Cash Fund created in Section 24-31-108 (2.5), C.R.S. The cash funds appropriation reflects funds received from state entities for which there is not a corresponding appropriation made in this act for the purchase of legal services. The reappropriatiated funds appropriation reflects funds received from state agencies for which there is a corresponding appropriation made in this act for the purchase of legal services. The Attorney General is authorized to transfer spending authority between cash and reappropriated fund sources appropriated within this section (2), but the Attorney General shall not increase total spending authority for the line item appropriations within this section (2). (3) CRIMINAL JUSTICE AND APPELLATE Special Prosecutions Unit 3,233,334 1,546,447 1,090,426 a 596,461 b (15.5 FTE) (12.7 FTE) (6.2 FTE) Auto Theft Prevention Grant 282,234 282,234 c (2.5 FTE) Appellate Unit 3,240,771 2,603,174 637,597 d (36.5 FTE) (1.0 FTE) Medicaid Fraud Control Unit 1,579,511 394,876 (M) 1,184,635 (I)e (4.3 FTE) (12.7 FTE) Peace Officers Standards and Training Board Support 2,966,320 2,966,320 f (7.0 FTE) Safe2Tell 100,686 100,686 (1.0 FTE) Indirect Cost Assessment 515,376 263,029 g 82,780 b 169,567 (I)e 11,918,232 a This amount shall be from the Insurance Fraud Cash Fund created in Section 24-31-104.5 (2), C.R.S. 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, $564,946 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. These amounts are shown for informational purposes only. 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, $169,567 shall be from the Insurance Fraud Cash Fund created in Section 24-31-104.5 (2), C.R.S., and $93,462 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 a Consultant Expenses 400,000 400,000 b Comprehensive Environmental Response, Compensation and Liability Act 460,629 460,629 c (3.5 FTE) Comprehensive Environmental Response, Compensation and Liability Act Contracts 425,000 425,000 c Natural Resource Damage Claims at Rocky Mountain Arsenal 50,000 50,000 c Indirect Cost Assessment 46,731 46,731 c 2,341,441 a These amounts shall be from the Colorado Water Conservation Board's Litigation Fund created in Section 37-60-121 (2.5) (a), C.R.S. b 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 pursuant to Section 24-31-108 (2), C.R.S. c 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) (a) (III), C.R.S. (5) CONSUMER PROTECTION Consumer Protection and Antitrust 2,046,520 1,084,818 720,221 a 241,481 b (11.0 FTE) (11.0 FTE) (3.0 FTE) Consumer Credit Unit 1,512,150 1,512,150 c (20.0 FTE) Indirect Cost Assessment 467,308 427,253 d 40,055 b 4,025,978 a Of this amount, $673,834(I) shall be from custodial moneys, $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 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, $267,034 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., and $160,219(I) shall be from custodial moneys. 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 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 2,676,960 2,676,960 Litigation Management and Technology46 325,000 325,000 a Tobacco Litigation 1,250,000 1,250,000 Lobato Litigation Expenses 50,000 50,000 b Lowry Range Litigation Expenses 616,520 616,520 c 1,119,569 1,119,569 c 4,918,480 5,371,529 a This amount shall be from either excess earnings credited to the Legal Services Cash Fund created in Section 24-31-108 (2.5), C.R.S., in FY 2012-13, or from the Attorney Fees and Costs Account created pursuant to Section 24-31-108 (2), C.R.S. b This amount shall be transferred from the Governor - Lieutenant Governor - State Planning and Budgeting, Office of the Governor, Lobato Litigation Expenses line item. c This amount shall be received from the State Board of Land Commissioners, 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) $66,991,115 $13,473,403 $10,800,781 a $40,946,567 $1,770,364 b $68,426,941 $11,303,830 a $41,879,344 a Of this amount, $1,074,709 contains an (I) notation. b This amount contains an (I) notation. FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 45 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 $94.95 per hour for attorneys and not exceed $70.86 per hour for legal assistants, which equates to a blended rate of $91.08 per hour. 46 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 2013-14, as well as information technology asset maintenance needs that would otherwise require General Fund appropriations during FY 2013-14. 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. ________________________________________________________ Mark Ferrandino Morgan Carroll 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