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.

ITEM &
SUBTOTAL

$
TOTAL


$
GENERAL
FUND

$
GENERAL
FUND
EXEMPT
$

CASH
FUNDS

$
CASH
FUNDS
EXEMPT
$
FEDERAL
FUNDS

$

PART X

DEPARTMENT OF LAW















(1) ADMINISTRATION














Personal Services

1,628,896



266,418






1,362,478

(T)a







195,471






1,433,425

(T)a




(37.7 FTE)













Health, Life, and Dental

605,412



227,265




34,351

b

331,481

(T)c

12,315


Short-term Disability

29,289



10,753




1,530

b

16,217

(T)c

789


Salary Survey, Anniversary Increases, and Shift Differential

636,218



212,198




36,096

b

367,726

(T)c

20,198


Workers' Compensation

43,612



16,011




2,278

b

24,148

(T)c

1,175


Operating Expenses

220,939



220,939










Purchase of Services from Computer Center

42,952



42,952










Payment to Risk Management and Property Funds

67,690



67,690










Vehicle Lease Payments

39,800



15,719






18,609

(T)c

5,472


ADP Capital Outlay

215,333



80,878




19,787

b

111,149

(T)c

3,519


Capitol Complex Leased Space

632,291



232,129




33,029

b

350,103

(T)c

17,030


Attorney General Discretionary Fund

5,000



5,000

d











4,167,432


























a This amount shall be from indirect cost recoveries.

b These amounts shall be from various sources of cash funds within the department.

c These amounts shall be from various sources of cash funds exempt within the department.

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.















(2) GENERAL ENFORCEMENT AND APPELLATE SECTIONS










Personal Services

2,258,600



1,750,767






507,833

a




(40.0 FTE)













Appellate Backlog

272,964



272,964














(4.0 FTE)










Operating Expenses

121,714



121,714











128,714



128,714










Litigation Expenses

31,429



31,429










Consultant Expenses

200,000



200,000










Capital Crimes Prosecution Unit110

285,765



285,765











278,765



278,765














(4.0 FTE)










Victim's Assistance

41,766









41,766

(T)b




45,571









45,571

(T)b













(1.0 FTE)






3,212,238














3,216,043


























a This amount shall be from court-awarded settlements.

b This amount shall be from the Victims' Assistance and Law Enforcement Fund, appropriated in the Department of Public Safety, Division of Criminal Justice.















(3) LEGAL SERVICES TO STATE AGENCIES111, 112












Personal Services

8,681,251














8,812,010














(153.6 FTE)














(156.2 FTE)













Operating Expenses

372,193














417,885













Litigation Expenses

111,452














112,346













Indirect Cost Assessment

1,091,598














1,162,545















10,256,494






98,460

a

10,158,034

(T)b





10,504,786








10,406,326

(T)b

















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.

b This amount shall be from various sources of funds appropriated for legal services to state agencies.















(4) SPECIAL PURPOSE














Collection Agency Board

127,720







127,720

a













(2.5 FTE)






Uniform Consumer Credit Code

399,629







399,629

b













(6.5 FTE)






Medicaid Fraud Grant113

726,544



179,636





2,000

c

544,908



(11.0 FTE)













Office of Consumer Counsel

251,668







251,668

d













(4.0 FTE)






District Attorneys' Salaries

1,124,482



1,124,482










Legal Services for Risk Management Division

1,070,946









1,070,946

(T)e




1,182,481









1,182,481

(T)e













(17.0 FTE)




Comprehensive Environmental Response, Compensation and Liability Act

1,035,414



908,055






127,359

(T)f




908,055



808,055






100,000

(T)f




(19.0 FTE)














(16.0 FTE)













Comprehensive Environmental Response, Compensation and Liability Act Contracts114

1,309,812



1,309,812










Workers' Compensation Fraud

128,561







128,561

g













(2.0 FTE)






Supreme Court Litigation

302,084



302,084










Police Officers Standards and Training Board Support

191,192



166,192




25,000

h






(4.0 FTE)













Litigation Management Fund115

300,000



300,000










Securities Fraud

254,197









254,197

(T)i













(3.5 FTE)




Indirect Cost Assessment

270,880







100,949

j

169,931

(T)e





7,493,129














7,477,305


























a This amount shall be from Collection Agency Board Fund.

b This amount shall be from Uniform Consumer Credit Code Fund.

c This amount shall be from court-awarded settlements.

d This amount shall be from the Public Utilities Commission Fixed Utilities Fund.

e These amounts shall be from the Risk Management Fund.

f This amount shall be from the Department of Public Health and Environment.

g This amount shall be from the State Compensation Insurance Authority.

h This amount shall be from the Peace Officers Standards and Training Board Cash Fund.

i This amount shall be from the Department of Regulatory Agencies, Division of Securities.

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.















TOTALS PART X














(LAW)2,3


$25,129,293


$8,350,852

a

$1,259,058


$14,913,977

b

$605,406




$25,365,566


$8,179,905

a



$1,259,058

b

$15,321,197

b

















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.

b Of this amount, $14,467,636 these amounts, $14,874,856 contains a (T) notation.

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.