First Regular Session
Sixty-first General Assembly
LLS NO. 970755.01D DHG
SENATE BILL 97219
STATE OF COLORADO
BY SENATOR Mutzebaugh
A BILL FOR AN ACT
CONCERNING OVERSIGHT BY THE GENERAL ASSEMBLY OF ORGANIZATIONS
EXPENDING PUBLIC MONEYS FOR ACTIVITIES RELATED TO AIR QUALITY
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Requires detailed annual reports to the general assembly
and the governor from all organizations that expend federal, state,
or local tax moneys to collect, disseminate, or analyze information
related to air quality. Prohibits the expenditure of public moneys
for such purposes on or after July 1, 1998, without specific statutory
authority. Exempts organizations that are part of a discrete and
cohesive municipal or county government organization or are organized
pursuant to existing statutes pertaining to regulation of air
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 1 of article 7 of title 25, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
257137. Legislative declaration air quality studies coordination and reporting no unauthorized expenditures. (1) THE GENERAL ASSEMBLY FINDS, DETERMINES, AND DECLARES THAT THE REQUIREMENTS OF THIS SECTION ARE IMPOSED FOR THE PURPOSE OF AVOIDING DUPLICATION OF EFFORT, PROMOTING PUBLIC CONFIDENCE, AND ENSURING EFFICIENT USE OF TAXPAYER DOLLARS.
(2) (a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) OF THIS SECTION, EVERY ORGANIZATION THAT ACQUIRES OR EXPENDS FEDERAL, STATE, OR LOCAL TAX REVENUES FOR THE PURPOSE OF GATHERING, DISSEMINATING, OR EVALUATING ANY INFORMATION WITH RESPECT TO AIR QUALITY, AIR POLLUTION, OR PLANNING OR COMPLIANCE UNDER AN AIR QUALITY REGULATORY PROGRAM SHALL REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY, IN ACCORDANCE WITH SECTION 241136 (9), C.R.S., ON ITS ACTIVITIES DURING THE PRECEDING YEAR. SUCH REPORTS SHALL BE SUBMITTED WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION AND ON JULY 1 OF EACH YEAR THEREAFTER. EACH SUCH REPORT SHALL INCLUDE, AT A MINIMUM, AN ACCOUNTING OF ALL OF THE ORGANIZATION'S EXPENDITURES, IDENTIFYING THE SOURCE OF THE REVENUES FOR EACH SUCH EXPENDITURE, AND A DESCRIPTION OF ALL OF THE ORGANIZATION'S ACTIVITIES THAT ARE AUTHORIZED BY STATUTE, WITH A CITATION TO THE STATUTE AUTHORIZING EACH SUCH ACTIVITY.
(b) EFFECTIVE JULY 1, 1998, NO ORGANIZATION SHALL EXPEND PUBLIC MONEYS FOR THE PURPOSES DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (2) UNLESS SUCH EXPENDITURE IS SPECIFICALLY AUTHORIZED BY LAW.
(3) THIS SECTION SHALL NOT APPLY TO AN ORGANIZATION THAT IS PART OF A DISCRETE AND COHESIVE MUNICIPAL OR COUNTY GOVERNMENT ORGANIZATION OR IS ORGANIZED PURSUANT TO THIS ARTICLE.
SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.