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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0478.01 JBB HOUSE BILL 98­1314

STATE OF COLORADO

BY REPRESENTATIVE T. Williams

JUDICIARY

A BILL FOR AN ACT

CONCERNING ACTS OF THE GENERAL ASSEMBLY AFFECTING THE NUMBER OF COURT PERSONNEL EMPLOYED IN LOCAL FACILITIES.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

After July 1, 1998, requires all bills introduced in the general assembly that may result in an increase in the number of judicial personnel working in a county facility to:

Establishes the judicial expansion reserve fund in the state treasury and specifies that moneys in the fund remaining at the end of any fiscal year remain in the fund.

Authorizes counties to apply for moneys in the fund. Authorizes the state court administrator to pay to each county the lesser of:



Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Article 2 of title 2, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 9

ENACTMENT OF LAWS REGARDING

INCREASING COUNTY JUDICIAL POSITIONS

2­2­901. General assembly ­ bills that result in an increase in county judicial positions ­ legislative declaration. (1)  THE GENERAL ASSEMBLY RECOGNIZES THAT INCREASES IN THE NUMBER OF JUDICIAL PERSONNEL IN COUNTIES AND CITY AND COUNTIES CARRIES WITH IT INCREASED CAPITAL CONSTRUCTION, OPERATIONAL, AND RELATED COSTS THAT THE COUNTY OR CITY AND COUNTY MUST BEAR. GIVEN THE CONSTITUTIONAL LIMITS ON GOVERNMENTAL SPENDING, SOME COUNTIES HAVE BEEN UNABLE TO ADEQUATELY FUND THE INCREASED COSTS. IT IS INCUMBENT UPON THE GENERAL ASSEMBLY TO RECOGNIZE THE AMOUNT OF THE BURDEN IT IS PLACING ON COUNTIES AND CITY AND COUNTIES.

(2)  ON AND AFTER JULY 1, 1998, ANY BILL THAT IS INTRODUCED AT ANY SESSION OF THE GENERAL ASSEMBLY THAT MAY RESULT IN A NET INCREASE OR A NET DECREASE IN THE NUMBER OF JUDICIAL PERSONNEL WORKING IN A COUNTY­ OR CITY AND COUNTY­OWNED FACILITY SHALL BE REVIEWED BY THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL FOR THE PURPOSE OF PROVIDING INFORMATION TO THE GENERAL ASSEMBLY ON THE LONG­TERM FISCAL IMPACT THAT MAY RESULT FROM THE PASSAGE OF THE BILL, INCLUDING THE INCREASED CAPITAL CONSTRUCTION COSTS AND INCREASED OPERATING COSTS FOR THE FIRST FIVE FISCAL YEARS FOLLOWING PASSAGE.

(3) ON AND AFTER JULY 1, 1998, ANY BILL THAT IS INTRODUCED INTO EITHER HOUSE OF THE GENERAL ASSEMBLY THAT MAY RESULT IN A NET INCREASE IN THE NUMBER OF JUDICIAL PERSONNEL WORKING IN A COUNTY­ OR CITY AND COUNTY­OWNED FACILITY SHALL, AS SOON AS SUCH NET INCREASE IS DETERMINED, BE ASSIGNED OR REFERRED TO THE APPROPRIATIONS COMMITTEE OF THE HOUSE IN WHICH SUCH BILL IS INTRODUCED IN ADDITION TO THE ASSIGNMENT OR REFERRAL OF SUCH BILL TO ANY OTHER LEGISLATIVE COMMITTEE OR COMMITTEES.

(4) (a)  EXCEPT AS PERMITTED IN PARAGRAPH (b) OF THIS SUBSECTION (4), ON AND AFTER JULY 1, 1998, NO BILL MAY BE PASSED BY THE GENERAL ASSEMBLY THAT WOULD RESULT IN A NET INCREASE IN THE NUMBER OF JUDICIAL PERSONNEL WORKING IN A COUNTY­ OR CITY AND COUNTY­OWNED FACILITY UNLESS, IN SUCH BILL, THERE IS AN APPROPRIATION OF MONEYS THAT IS SUFFICIENT TO COVER ANY INCREASED CAPITAL CONSTRUCTION COSTS AND ANY INCREASED OPERATING COSTS THAT ARE INCURRED BECAUSE OF SUCH BILL IN EACH OF THE FIRST FIVE YEARS IN WHICH THERE IS A FISCAL IMPACT AS A RESULT OF THE BILL. MONEYS SUFFICIENT TO COVER SUCH INCREASED CAPITAL CONSTRUCTION COSTS AND INCREASED OPERATING COSTS FOR THE FIRST FIVE FISCAL YEARS IN WHICH THERE IS A FISCAL IMPACT AS A RESULT OF THE BILL SHALL BE ESTIMATED BY THE APPROPRIATIONS COMMITTEE, AND AFTER CONSIDERATION OF SUCH ESTIMATE, THE GENERAL ASSEMBLY SHALL MAKE A DETERMINATION AS TO THE AMOUNT OF MONEYS SUFFICIENT TO COVER THE COSTS, AND SUCH MONEYS SHALL BE APPROPRIATED IN THE BILL IN THE FORM OF A STATUTORY APPROPRIATION FROM THE GENERAL FUND TO THE JUDICIAL EXPANSION RESERVE FUND ESTABLISHED IN SECTION 13­3­108 (6), C.R.S. ANY SUCH BILL THAT IS PASSED ON OR AFTER JULY 1, 1998, THAT IS SILENT AS TO WHETHER IT IS INTENDED TO BE AN EXCEPTION TO THIS SECTION, SHALL NOT BE DEEMED TO BE SUCH AN EXCEPTION. ANY BILL ENACTED THAT IS INTENDED TO BE AN EXCEPTION TO THIS SECTION SHALL EXPRESSLY STATE SUCH EXCEPTION IN SUCH BILL.

(b)  THE APPROPRIATION REQUIRED BY PARAGRAPH (a) OF THIS SUBSECTION (4) SHALL NOT BE REQUIRED FOR ANY COUNTY OR CITY AND COUNTY IF THE BOARD OF COUNTY COMMISSIONERS OR THE CITY COUNCIL OF A CITY AND COUNTY PASS A RESOLUTION REQUESTING THAT THE BILL BE ENACTED WITHOUT SUCH APPROPRIATION.

SECTION 2. 13­3­108, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

13­3­108. Maintenance of court facilities ­ capital improvements ­ judicial expansion reserve fund. (6) (a)  THERE IS HEREBY CREATED IN THE STATE TREASURY THE JUDICIAL EXPANSION RESERVE FUND, REFERRED TO IN THIS SUBSECTION (6) AS THE "FUND". MONEYS IN THE FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE PURPOSE OF COMPLYING WITH THE PROVISIONS OF SECTION 2­2­901, C.R.S., WHICH REQUIRES THAT ANY BILL THAT RESULTS IN A NET INCREASE IN THE NUMBER OF JUDICIAL PERSONNEL WORKING IN A COUNTY­ OR CITY AND COUNTY­OWNED FACILITY PROVIDE FOR THE FUNDING OF ANY INCREASED CAPITAL CONSTRUCTION COSTS OR INCREASED OPERATING COSTS ASSOCIATED THEREWITH. ANY UNEXPENDED OR UNENCUMBERED MONEYS REMAINING IN THE FUND AT THE END OF ANY FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT REVERT TO OR BE TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND OF THE STATE.

(b)  ANY COUNTY OR CITY AND COUNTY MAY APPLY ON A FORM APPROVED BY THE COURT ADMINISTRATOR FOR PAYMENT OF THE ACTUAL INCREASED COSTS DUE TO AN INCREASE IN THE NUMBER OF JUDICIAL PERSONNEL WORKING IN THE COUNTY'S OR CITY AND COUNTY'S FACILITIES. IF THE COURT ADMINISTRATOR IS SATISFIED THAT THE INCREASE IN THE NUMBER OF JUDICIAL PERSONNEL RESULTED IN AN INCREASE IN THE ACTUAL COSTS TO THE COUNTY OR CITY AND COUNTY, THE COURT ADMINISTRATOR IS AUTHORIZED TO PAY THE COUNTY OR CITY AND COUNTY THE LESSER OF:

(I)  THE AMOUNT OF THE INCREASED COST DUE TO THE INCREASE IN THE NUMBER OF JUDICIAL PERSONNEL WORKING IN THE COUNTY'S OR CITY AND COUNTY'S FACILITY; OR

(II)  THE AMOUNT DEPOSITED IN THE JUDICIAL EXPANSION RESERVE FUND FOR THE INCREASE IN THE COUNTY'S OR CITY AND COUNTY'S COSTS.

SECTION 3. 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.