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Second Regular Session
Sixty-first General Assembly
LLS NO. 980702.01 MKH
HOUSE BILL 981280
STATE OF COLORADO
BY REPRESENTATIVE Pfiffner;
also SENATOR Coffman.
A BILL FOR AN ACT
CONCERNING CASH FUNDS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Declares that it is the general assembly's intent that items and services offered by state entities for the benefit of an individual should be paid for by the individual. Provides that fees charged by state entities should be set at an amount that is proportional to the cost of the item or service for which the fee is charged. Prohibits a state entity from adjusting a fee by less than one dollar or 10%, whichever is greater. Requires state entities to provide items and services free of charge to indigent persons. Defines an "indigent person" as a person whose annual income is at or below the federal poverty guidelines.
Eliminates those cash funds that have been inactive
for at least 13 consecutive months. Eliminates those cash funds
with balances that are amortized for 10 years or more.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 4 of article 75 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:
2475402. Cash funds fees to cover cost of item or service legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT ITEMS AND SERVICES OFFERED BY STATE ENTITIES FOR THE BENEFIT OF AN INDIVIDUAL SHOULD BE PAID FOR BY THE INDIVIDUAL. THEREFORE, FEES THAT ARE CHARGED BY STATE ENTITIES AND THAT ARE CREDITED TO A CASH FUND SHOULD BE SET AT AN AMOUNT THAT IS EQUAL TO THE COST OF THE ITEM OR SERVICE FOR WHICH THE FEE IS CHARGED. THE GENERAL ASSEMBLY FURTHER FINDS THAT GENERAL FUND MONEYS SHOULD NOT BE USED TO SUBSIDIZE ITEMS AND SERVICES THAT BENEFIT INDIVIDUALS, AND THEREFORE TAXES SHOULD NOT BE ADJUSTED IN ORDER TO AFFECT THE AMOUNT OF FEES THAT ARE CHARGED BY STATE ENTITIES AND THAT ARE CREDITED TO A CASH FUND FOR SUCH ITEMS AND SERVICES.
(2) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, ANY STATE ENTITY THAT CHARGES FEES THAT ARE CREDITED TO A CASH FUND FOR ITEMS AND SERVICES THAT BENEFIT INDIVIDUALS SHALL SET SUCH FEES AT AN AMOUNT THAT IS EQUAL TO THE COST OF THE ITEM OR SERVICE FOR WHICH THE FEE IS CHARGED. GENERAL FUND MONEYS SHALL NOT BE USED TO COVER THE COST OF PROVIDING SUCH ITEMS AND SERVICES.
(3) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, A STATE ENTITY SHALL PROVIDE ITEMS OR SERVICES FREE OF CHARGE TO INDIGENT PERSONS. FOR PURPOSES OF THIS SECTION, "INDIGENT PERSON" MEANS A PERSON WHOSE ANNUAL INCOME IS AT OR BELOW THE LEVELS ESTABLISHED IN THE FEDERAL POVERTY GUIDELINES FOR THE FORTYEIGHT CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA, AS DETERMINED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR SINGLE PERSONS FOR THE APPLICABLE YEAR. A STATE ENTITY MAY REQUIRE PROOF THAT A PERSON IS INDIGENT BEFORE PROVIDING AN ITEM OR SERVICE FREE OF CHARGE.
(4) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, A STATE ENTITY SHALL NOT ADJUST THE AMOUNT OF ANY FEE BY LESS THAN ONE DOLLAR OR TEN PERCENT, WHICHEVER IS GREATER.
(5) FOR PURPOSES OF THIS SECTION, "STATE ENTITY" MEANS A STATE DEPARTMENT, AGENCY, BOARD, COMMISSION, OR ANY OTHER ENTITY OF STATE GOVERNMENT.
2475403. Elimination of certain cash funds. (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) OF THIS SECTION, ANY INACTIVE CASH FUND SHALL BE ELIMINATED. MONEYS IN SAID FUNDS SHALL REVERT TO THE GENERAL FUND. FOR PURPOSES OF THIS SUBSECTION (1), "INACTIVE CASH FUND" MEANS A CASH FUND FOR WHICH THERE HAS BEEN NO TRANSACTION AND NO CHANGE IN NET ASSET VALUE PLUS INTEREST FOR THIRTEEN OR MORE CONSECUTIVE MONTHS.
(2) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) OF THIS SECTION, ANY CASH FUND, THE BALANCE OF WHICH IS AMORTIZED FOR TEN OR MORE YEARS, SHALL BE ELIMINATED. MONEYS IN SAID FUNDS SHALL REVERT TO THE GENERAL FUND.
(3) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CASH FUNDS FOR WHICH THERE ARE CONSTITUTIONAL SPENDING REQUIREMENTS.
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.