HOUSE 3rd Reading Unamended February 17, 2004 HOUSE Amended 2nd Reading February 16, 2004Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 04-0315.02 Nicole Hoffman HOUSE BILL 04-1009 HOUSE SPONSORSHIP King, SENATE SPONSORSHIP Reeves, House Committees Senate Committees Finance A BILL FOR AN ACT Concerning the ability of the governing board of each institution of higher education to elect to be exempt from certain state administrative restrictions. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Interim Committee on State Government Expenditures. Allows the governing board of each institution of higher education, by formal action of the board, to elect to be exempt from the requirements of the state motor vehicle fleet system, the division of risk management, and the procurement code. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. The introductory portion to 24-30-1104 (2), Colorado Revised Statutes, is amended to read: 24-30-1104. Central services functions of the department - repeal. (2) In addition to the county-specific functions set forth in subsection (1) of this section, the department of personnel shall take such steps as are necessary to fully implement a central state motor vehicle fleet system by January 1, 1993. The department of personnel shall perform the following functions pertaining to the motor vehicle fleet system throughout the state for The provisions of the motor vehicle fleet system created pursuant to this subsection (2) shall apply to the executive branch of the state of Colorado, its departments, institutions, and agencies; except that the governing board of each institution of higher education, by formal action of the board, and the Colorado commission on higher education, by formal action of the commission, may elect to be exempt from the provisions of this subsection (2) and may obtain a motor vehicle fleet system independent of the state motor vehicle fleet system. Under the direction of the executive director, the department of personnel shall perform the following functions pertaining to the motor vehicle fleet system throughout the state: SECTION 2. 24-30-1502 (5), Colorado Revised Statutes, is amended to read: 24-30-1502. Definitions. As used in this part 15, unless the context otherwise requires: (5) "State agency" means any principal department of the state, any state agency, institution, or hospital, any board, commission, advisory board, or other entity established by law within or as an advisory to any existing state department, institution, or agency, and any state-supported institution of higher education or other instrumentality thereof, except as provided in section 24-30-1517 (2), and the legislative and judicial departments of the state; except that the governing board of each institution of higher education, by formal action of the board, and the Colorado commission on higher education, by formal action of the commission, may elect to be excluded from the meaning of "state agency" and may obtain a risk management program independent of the program created pursuant to this part 15. The term also includes the Colorado state fair authority created pursuant to section 35-65-401, C.R.S., and any conservation district organized and certified pursuant to article 70 of title 35, C.R.S.; except that, in the case of conservation districts, such inclusion under the risk management fund is only for the purpose of liability protection as defined in subsection (4.3) of this section. SECTION 3. Part 15 of article 30 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 24-30-1503.5. Risk management system - independent program. (1) If an institution of higher education or the Colorado commission on higher education elects to be excluded from the meaning of "state agency" and to obtain an independent risk management program pursuant to section 24-30-1502 (5), such institution or commission shall conduct an analysis of the institution's or commission's ability to provide workers' compensation and the estimated property and liability losses, insurance costs, and administrative costs of risk management that the institution or commission will incur by implementing an independent program. (2) Before any institution of higher education or the Colorado commission on higher education implements an independent risk management program, the institution or commission, as applicable, shall submit a written report detailing the findings of the analysis conducted pursuant to subsection (1) of this section to the president of the senate, the speaker of the house of representatives, the majority and minority leaders of the senate and the house of representatives, the members of the joint budget committee, and the members of the business affairs and labor committee of the senate and the house of representatives. (3) In the event that an institution of higher education or the Colorado commission on higher education implements an independent risk management program, the institution or commission shall conduct the analysis and submit the report required pursuant to this section within the existing resources of the institution or commission, as applicable. SECTION 4. 24-30-1504 (1) (m), Colorado Revised Statutes, is amended to read: 24-30-1504. Powers and duties of the department. (1) The department of personnel shall have the following powers and duties: (m) On and after July 1, 2001, to establish and administer a statewide database and uniform reporting system to track employment claims brought against state agencies and the losses incurred as a result of such claims. except as excluded by section 24-30-1517 (2). SECTION 5. The introductory portion to 24-30-1505 (1) (a) (V), Colorado Revised Statutes, is amended to read: 24-30-1505. Powers of the executive director. (1) In order to perform the powers and duties set forth in this part 15, the executive director shall exercise the following powers: (a) Supervise the development and administration of the following risk management programs: (V) The pilot program described in section 24-30-1504 (1) (l) and the statewide database and uniform tracking system described in section 24-30-1504 (1) (m) for the purpose of tracking employment claims brought against state agencies and the losses incurred as a result of such claims. except as excluded by section 24-30-1517 (2). In developing and administering such programs, the executive director may: SECTION 6. Repeal. 24-30-1517 (2), Colorado Revised Statutes, is repealed as follows: 24-30-1517. Applicability. (2) Nothing in this part 15 shall apply to the university of Colorado at Boulder, Denver, and Colorado Springs and the university of Colorado health sciences center. SECTION 7. 24-101-105 (1), Colorado Revised Statutes, is amended to read: 24-101-105. Application of this code. (1) This code shall apply to all publicly funded contracts entered into by all governmental bodies of the executive branch of this state; except that this code shall not apply to the procurement of bridge and highway construction nor to or to contracts for unsolicited or comparable proposals for public-private initiatives under section 43-1-1203, C.R.S. The governing board of each institution of higher education, by formal action of the board, and the Colorado commission on higher education, by formal action of the commission, may elect to be exempt from the provisions of this code and may enter into contracts independent of the terms specified in this code. Except as provided in section 24-111-103, it this code shall also apply to contracts funded in whole or in part with federal assistance moneys. However, this code shall not apply to the awarding of grants or to the awarding of contracts between the state and its political subdivisions or other governments, except as provided in article 110 of this title. It shall apply to the transfer or disposal of state supplies. Except for the provisions of article 109 of this title, this code shall not apply to the procurement of public printing, as defined in section 24-70-201. This code shall not apply to the procurement of professional services, as defined in section 24-30-1402. This code shall not apply to the Colorado state fair authority created pursuant to section 35-65-401 (1), C.R.S. Upon the request of a governmental body purchasing items for resale to the public, the head of a purchasing agency may, by written determination, provide that this code shall not apply to items acquired for such resale. Nothing in this code or in rules promulgated under this code shall prevent any governmental body or political subdivision from complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement. SECTION 8. 24-101-301 (10), Colorado Revised Statutes, is amended to read: 24-101-301. Definitions. The terms defined in this section shall have the following meanings whenever they appear in this code, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular article or portion thereof: (10) "Governmental body" means any department, commission, council, board, bureau, committee, institution of higher education, agency, government corporation, or other establishment or official, other than an elected official, of the executive branch of state government in this state; except that the governing board of each institution of higher education, by formal action of the board, and the Colorado commission on higher education, by formal action of the commission, may elect to be excluded from the meaning of "governmental body". SECTION 9. 27-13-103 (1), Colorado Revised Statutes, is amended to read: 27-13-103. Employees - publications. (1) The head of the administrative division overseeing the Colorado mental health institute at Pueblo shall appoint or employ, pursuant to section 13 of article XII of the state constitution, such administrators, physicians, nurses, attendants, and additional employees as may be necessary for the proper conduct of said institute. The head of the administrative division may contract with the board of regents of the university of Colorado health sciences center for the provision of services by physicians when deemed necessary for the proper conduct of the institute, and during the performance of any duties by such physicians for the department of human services, such physicians are "public employees" as defined in section 24-10-103 (4), C.R.S., and the limitation of section 24-30-1517 (2), C.R.S., shall not apply. shall be subject to the provisions of the risk management system pursuant to part 15 of article 30 of title 24, C.R.S. SECTION 10. 27-15-103 (1), Colorado Revised Statutes, is amended to read: 27-15-103. Employees - publications. (1) The head of the administrative division overseeing the center shall appoint or employ, pursuant to section 13 of article XII of the state constitution, such administrators, physicians, nurses, attendants, and additional employees as may be necessary for the proper conduct of said center. The head of the administrative division may contract with the board of regents of the university of Colorado health sciences center for the provision of services by physicians when deemed necessary for the proper conduct of the center, and during the performance of any duties by such physicians for the department of human services, such physicians are "public employees" as defined in section 24-10-103 (4), C.R.S., and the limitation of section 24-30-1517 (2), C.R.S., shall not apply. shall be subject to the provisions of the risk management system pursuant to part 15 of article 30 of title 24, C.R.S. SECTION 11. Effective date. This act shall take effect July 1, 2004. SECTION 12. 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.