First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0481.01 Esther van Mourik x4215SENATE BILL 15-089 SENATE SPONSORSHIP Garcia, Kefalas HOUSE SPONSORSHIP Vigil, Esgar Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the shifting of the fiscal responsibility of providing court facilities in each county away from the counties to the state over time. 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.) Currently, the board of county commissioners in each county is fiscally responsible for providing and maintaining adequate courtrooms and other court facilities in their counties. The bill shifts that fiscal responsibility to the state over time by requiring the state to pay a specified amount of rent to each county based on the fair market value of the courtrooms and other facilities used by the judicial department in that county. The bill also specifies that after the state completely assumes such fiscal responsibility, the state may negotiate with the county to acquire the property from the county in lieu of continuing to pay rent. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) The responsibility to provide for and maintain adequate courtrooms and court facilities has traditionally been paid for by the counties even though some would say that it is more appropriately a state function; (b) With the ever-increasing burdens for services and associated costs placed on counties, it has become increasingly difficult for counties across the state to continue to pay for this responsibility; (c) The general assembly recognized this problem in 1969 and indicated an intent to transfer these costs back to the state over a period of time, but up until this point that transfer has not occurred; and (d) The general assembly recognizes that it is time for the state to begin to assume the cost for this function. (2) Now, therefore, it is the general assembly's intent in enacting Senate Bill 15-___ to relieve counties of the financial burden of providing and maintaining adequate courtrooms and court facilities by gradually shifting the cost responsibility to the state. SECTION 2. In Colorado Revised Statutes, 13-3-108, amend (1); and add (6) as follows: 13-3-108. Maintenance of court facilities - capital improvements. (1) Except as provided in subsection (6) of this section, the board of county commissioners in each county shall continue to have the responsibility of providing and maintaining adequate courtrooms and other court facilities including janitorial service, except as otherwise provided in this section. (6) (a) No later than June 1, 2016, and no later than each June 1 thereafter, the board of county commissioners in each county shall annually report the fair market value rent for the courtrooms and court facilities occupied by the judicial department in its county to the state controller and the state property tax administrator. The state property tax administrator shall certify each county's fair market value rent calculation to the state controller. Commencing with the 2016-17 state fiscal year, the state controller shall pay to each county treasurer an amount as specified in paragraphs (b) and (c) of this subsection (6) as the state contribution to the county's responsibility to provide adequate courtrooms and other court facilities as specified in this section. (b) (I) Commencing with the 2016-17 state fiscal year and each state fiscal year thereafter, the state controller shall pay to the county treasurer of the counties of Alamosa, Archuleta, Baca, Bent, Chafee, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Fremont, Gunnison, Huerfano, Jackson, Kiowa, Kit Carson, Lake, Las Animas, Lincoln, Logan, Mesa, Montezuma, Montrose, Morgan, Otero, Phillips, Prowers, Pueblo, Rio Grande, Saguache, San Juan, Sedgwick, Washington, and Yuma the percentage set forth in subsection (II) of this paragraph (b) of the certified fair market value rent described in paragraph (a) of this subsection (6). (II) The percentages are as follows: State Fiscal Year Percentage of certified fair market value rent 2016-17 20% 2017-18 40% 2018-19 60% 2019-20 80% 2020-21 and each state fiscal year thereafter 100% (c) (I) Commencing with the 2017-18 state fiscal year and each state fiscal year thereafter, the state controller shall pay to the county treasurer of the counties of Adams, Arapahoe, Boulder, Broomfield, Cheyenne, Clear Creek, Denver, Douglas, Eagle, Elbert, El Paso, Garfield, Gilpin, Grand, Hinsdale, Jefferson, La Plata, Larimer, Mineral, Moffat, Ouray, Park, Pitkin, Rio Blanco, Routt, San Miguel, Summit, Teller, and Weld the percentage set forth in subsection (II) of this paragraph (c) of the certified fair market value rent described in paragraph (a) of this subsection (6). (II) The percentages are as follows: State Fiscal Year Percentage of certified fair market value rent 2017-18 10% 2018-19 20% 2019-20 30% 2020-21 40% 2021-22 50% 2022-23 60% 2023-24 70% 2024-25 80% 2025-26 90% 2026-27 and each state fiscal year thereafter 100% (d) After the state has completely assumed the responsibility of providing and maintaining adequate courtrooms and other court facilities in a county as specified in this section, the state may negotiate with the county to acquire the property from the county in lieu of continuing to pay rent. SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 5, 2015, if adjournment sine die is on May 6, 2015); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.