First Regular Session
Sixty-first General Assembly
LLS NO. 97-0264.01D JBC SENATE BILL 97-185
STATE OF COLORADO
BY SENATORS Lacy, Blickensderfer, and Rizzuto;
also REPRESENTATIVES Grampsas, Owen, and Romero.
APPROPRIATIONS
A BILL FOR AN ACT
Concerning a supplemental appropriation to the department of law.
Bill Summary
(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)
Makes a supplemental appropriation to the department of law.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part X of section 2 of chapter 324, Session Laws of Colorado 1996, is amended to read:
Section 2. Appropriation.
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ITEM &SUBTOTAL
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TOTAL
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GENERAL FUND $ |
GENERAL FUNDEXEMPT$ |
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CASH FUNDS $ |
CASH FUNDSEXEMPT $ |
FEDERAL FUNDS $ |
PART X
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DEPARTMENT OF LAW
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(1) ADMINISTRATION
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Personal Services
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1,628,896
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266,418
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1,362,478
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(T)a
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195,471
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1,433,425
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(T)a
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(37.7 FTE)
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Health, Life, and Dental
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605,412
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227,265
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34,351
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b
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331,481
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(T)c
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12,315
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Short-term Disability
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29,289
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10,753
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1,530
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b
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16,217
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(T)c
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789
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Salary Survey, Anniversary Increases, and Shift Differential
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636,218
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212,198
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36,096
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b
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367,726
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(T)c
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20,198
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Workers' Compensation
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43,612
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16,011
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2,278
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b
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24,148
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(T)c
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1,175
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Operating Expenses
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220,939
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220,939
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Purchase of Services from Computer Center
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42,952
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42,952
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Payment to Risk Management and Property Funds
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67,690
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67,690
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Vehicle Lease Payments
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39,800
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15,719
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18,609
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(T)c
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5,472
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ADP Capital Outlay
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215,333
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80,878
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19,787
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b
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111,149
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(T)c
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3,519
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Capitol Complex Leased Space
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632,291
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232,129
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33,029
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b
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350,103
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(T)c
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17,030
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Attorney General Discretionary Fund
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5,000
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5,000
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d
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4,167,432
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a This amount shall be from indirect cost recoveries.
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b These amounts shall be from various sources of cash funds within the department.
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c These amounts shall be from various sources of cash funds exempt within the department.
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d For purposes of complying with the limitation on state fiscal year spending imposed by Article X, Section 20 of the State Constitution, these moneys are included for informational purposes as they are continuously appropriated by a permanent statute or constitutional provision and, therefore, are not subject to the limitation of General Fund appropriations as set forth in Section 24-75-201.1, C.R.S.
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(2) GENERAL ENFORCEMENT AND APPELLATE SECTIONS
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Personal Services
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2,258,600
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1,750,767
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507,833
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a
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(40.0 FTE)
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Appellate Backlog
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272,964
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272,964
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(4.0 FTE)
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Operating Expenses
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121,714
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121,714
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128,714
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128,714
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Litigation Expenses
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31,429
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31,429
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Consultant Expenses
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200,000
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200,000
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Capital Crimes Prosecution Unit110
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285,765
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285,765
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278,765
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278,765
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(4.0 FTE)
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Victim's Assistance
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41,766
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41,766
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(T)b
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45,571
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45,571
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(T)b
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(1.0 FTE)
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3,212,238
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3,216,043
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a This amount shall be from court-awarded settlements.
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b This amount shall be from the Victims' Assistance and Law Enforcement Fund, appropriated in the Department of Public Safety, Division of Criminal Justice.
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(3) LEGAL SERVICES TO STATE AGENCIES111, 112
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Personal Services
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8,681,251
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8,812,010
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(153.6 FTE)
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(156.2 FTE)
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Operating Expenses
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372,193
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417,885
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Litigation Expenses
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111,452
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112,346
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Indirect Cost Assessment
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1,091,598
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1,162,545
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10,256,494
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98,460
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a
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10,158,034
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(T)b
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10,504,786
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10,406,326
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(T)b
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a Of this amount, $34,968 shall be from the Public Employees' Retirement Association, $31,552(T) shall be from the Department of Revenue, State Lottery Division, $5,577(T) shall be from the Department of Corrections, Correctional Industries Subprogram, and $26,363(T) shall be from the Colorado Student Loan Program in the Department of Higher Education.
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b This amount shall be from various sources of funds appropriated for legal services to state agencies.
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(4) SPECIAL PURPOSE
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Collection Agency Board
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127,720
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127,720
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a
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(2.5 FTE)
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Uniform Consumer Credit Code
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399,629
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399,629
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b
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(6.5 FTE)
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Medicaid Fraud Grant113
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726,544
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179,636
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2,000
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c
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544,908
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(11.0 FTE)
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Office of Consumer Counsel
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251,668
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251,668
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d
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(4.0 FTE)
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District Attorneys' Salaries
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1,124,482
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1,124,482
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Legal Services for Risk Management Division
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1,070,946
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1,070,946
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(T)e
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1,182,481
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1,182,481
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(T)e
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(17.0 FTE)
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Comprehensive Environmental Response, Compensation and Liability Act
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1,035,414
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908,055
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127,359
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(T)f
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908,055
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808,055
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100,000
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(T)f
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(19.0 FTE)
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(16.0 FTE)
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Comprehensive Environmental Response, Compensation and Liability Act Contracts114
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1,309,812
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1,309,812
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Workers' Compensation Fraud
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128,561
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128,561
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g
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(2.0 FTE)
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Supreme Court Litigation
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302,084
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302,084
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Police Officers Standards and Training Board Support
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191,192
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166,192
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25,000
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h
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(4.0 FTE)
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Litigation Management Fund115
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300,000
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300,000
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Securities Fraud
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254,197
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254,197
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(T)i
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(3.5 FTE)
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Indirect Cost Assessment
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270,880
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100,949
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j
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169,931
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(T)e
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7,493,129
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7,477,305
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a This amount shall be from Collection Agency Board Fund.
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b This amount shall be from Uniform Consumer Credit Code Fund.
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c This amount shall be from court-awarded settlements.
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d This amount shall be from the Public Utilities Commission Fixed Utilities Fund.
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e These amounts shall be from the Risk Management Fund.
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f This amount shall be from the Department of Public Health and Environment.
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g This amount shall be from the State Compensation Insurance Authority.
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h This amount shall be from the Peace Officers Standards and Training Board Cash Fund.
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i This amount shall be from the Department of Regulatory Agencies, Division of Securities.
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j Of this amount, $16,825 shall be from Collection Agency Board Fund, $43,744 shall be from Uniform Consumer Credit Code Fund, $26,920 shall be from the Public Utilities Commission Fixed Utilities Fund, and $13,460 shall be from the State Compensation Insurance Authority.
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TOTALS PART X
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(LAW)2,3
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$25,129,293
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$8,350,852
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a
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$1,259,058
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$14,913,977
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b
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$605,406
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$25,365,566
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$8,179,905
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a
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$1,259,058
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b
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$15,321,197
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b
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a Of this amount, $5,000 is included as information for purposes of complying with the limitation on state fiscal year spending imposed by Article X, Section 20 of the State Constitution. As this amount is continuously appropriated` by a permanent statute or constitutional provision it is not subject to the limitation of General Fund appropriations as set forth in Section 24-75-201.1, C.R.S.
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b Of this amount, $14,467,636 these amounts, $14,874,856 contains a (T) notation.
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FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2.
2(Governor lined through this provision. See L. 96, p. 2332.)
3All Departments, Totals -- The General Assembly requests that copies of all reports requested in other footnotes contained in this act be delivered to the Joint Budget Committee and the majority and minority leadership in each house of the General Assembly.
110Department of Law, General Enforcement and Appellate Sections, Capital Crimes Prosecution Unit -- The Department is requested to report to the General Assembly, no later than October 15, 1996, on both the dollars and the FTE utilized by district attorneys in prosecuting death penalty cases in FY 1995-96. In addition, the Department is requested to report no later than October 15, 1996, on the dollars and FTE utilized within the Department in assisting district attorneys in such death penalty cases in FY 1995-96.
111Department of Law, Legal Services to State Agencies -- Funds received by the Department for the provision of legal services shall be expended only if appropriated by the General Assembly.
112Department 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 $49.10 per hour for attorneys and $39.16 per hour for paralegals, for an average rate of $47.45.
113Department of Law, Special Purpose, Medicaid Fraud Grant -- The Department is requested to redirect its program efforts toward capturing dollars fraudulently spent in the state Medicaid program. A report on the Department's efforts in this area is requested by October 15, 1996. The report should contain estimates on the total fraudulent activity, both fiscal and programmatic, occurring within the state Medicaid program and information on the Medicaid Fraud Section's efforts toward reducing such fraud. If the dollar value of actual General Fund recoveries received by the Department by the end of FY 1995-96 is less than the anticipated amount of $491,837, the FY 1996-97 appropriation for the Medicaid Fraud Unit will be reviewed by the Joint Budget Committee.
114Department of Law, Special Purpose, Comprehensive Environmental Response, Compensation and Liability Act Contracts; Department of Natural Resources, Executive Director's Office, Comprehensive Environmental Response, Compensation and Liability Act; and Department of Public Health and Environment, Hazardous Materials and Waste Management Division, Contaminated Site Cleanups -- The departments are requested to cooperate in the preparation of a report detailing each department's expenditures for CERCLA contracts. The report should include a case-by-case itemization of actual, estimated and requested funding for personal services, contract services, operating expenses and other costs. The report should be prepared annually and should be submitted with each department's budget request.
115Department of Law, Special Purpose, Litigation Management Fund -- It is the intent of the General Assembly to grant the Department additional management flexibility by allowing the Department to use funds appropriated in this line item to address unanticipated state legal needs and priorities which materialize in the fiscal year, by mutual agreement of the Attorney General and the Governor. It is also the intent of the General Assembly that the Department will not require an appropriation of additional FTE as a result of this appropriation. The Department is requested to report quarterly to the Joint Budget Committee and to the Governor regarding how these funds are being used. It is furthermore the intent of the General Assembly that this appropriation not be used for any type of salary increase, promotion, reclassification or bonus for any present or future FTE employed by the Department of Law, nor is it to be used to offset present or future personal services budgetary shortfalls in any area.
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.