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An Act

HOUSE BILL 98-1347

BY REPRESENTATIVES Grampsas, Owen, and Romero;

also SENATORS Lacy, Blickensderfer, and Rizzuto.

Concerning 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 310, Session Laws of Colorado 1997, is amended to read:

Section 2. Appropriation.

PART X

DEPARTMENT OF LAW















(1) ADMINISTRATION














Personal Services

1,693,206



332,646






1,360,560

(T)a




(37.7 FTE)













Health, Life, and Dental

603,098



221,775




30,785

b

337,254

(T)c

13,284



615,257









349,413

(T)c



Short-term Disability

31,251



10,212




1,737

b

18,341

(T)c

961



31,620









18,710

(T)c



Salary Survey and Anniversary Increases

567,671



180,009




29,643

b

336,657

(T)c

21,362


Operating Expenses

220,939



220,939










Purchase of Services from Computer Center

47,818



47,818










Payment to Risk Management and Property Funds

60,994



60,994










Vehicle Lease Payments

44,808



16,127






23,209

(T)c

5,472



45,600



18,585






21,660

(T)c

5,355


ADP Capital Outlay

108,500



91,688




6,356

b

4,920

(T)c

5,536


Year 2000 Project148

101,310



85,613




5,934

b

4,594

(T)c

5,169


Capitol Complex Leased Space

627,740



223,944




33,965

b

352,951

(T)c

16,880


Attorney General Discretionary Fund

5,000



5,000

d











4,112,335














4,125,655


























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 SECTIONS122










Personal Services

2,347,859



2,347,859











(40.0 FTE)













Appellate Backlog

294,380



294,380











496,030



496,030











(4.0 FTE)













Operating Expenses

121,714



121,714











126,414



126,414










Litigation Expenses

31,429



31,429










Consultant Expenses

200,000



200,000










Consumer Protection Recovery Fund

50,000









50,000

a



Capital Crimes Prosecution Unit123

272,366



272,366











(4.0 FTE)













Victim's Assistance

49,677









49,677

(T)b




(1.0 FTE)















3,367,425














3,573,775


























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 AGENCIES124, 125












Personal Services

9,324,360














9,502,063














(160.5 FTE)














(164.3 FTE)













Operating Expenses

403,243














437,912













Litigation Expenses

116,455














118,347













Indirect Cost Assessment

1,114,006














1,211,810















10,958,064






114,398

a

10,843,666

(T)b





11,270,132








11,155,734

(T)b

















a Of this amount, $35,375 shall be from the Public Employees' Retirement Association, $31,919(T) shall be from the Department of Revenue, State Lottery Division, $20,416(T) shall be from the Department of Corrections, Correctional Industries Subprogram, and $26,688(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 Board122

134,311







134,311

a













(2.5 FTE)






Uniform Consumer Credit Code

417,235







417,235

b













(6.5 FTE)






Medicaid Fraud Grant39, 126

759,883



187,971

(M)





2,000

c

569,912



(11.0 FTE)













Office of Consumer Counsel

262,618







262,618

d













(4.0 FTE)






District Attorneys' Salaries

1,315,987



1,315,987










Legal Services for Risk Management Division

1,109,353









1,109,353

(T)e




1,194,835









1,194,835

(T)e













(17.0 FTE)














(17.5 FTE)




Comprehensive Environmental Response, Compensation and Liability Act

919,724



819,724






100,000

(T)f




(16.0 FTE)













Comprehensive Environmental Response, Compensation and Liability Act Contracts127

1,433,976



1,433,976










Workers' Compensation Fraud

137,782







137,782

g













(2.0 FTE)






Supreme Court Litigation

302,084



302,084










Police Officers Standards and Training Board Support

210,683



65,683




145,000

h






225,214







147,255

l

2,128

(T)h

10,148



(4.0 FTE)













Litigation Management Fund127a

300,000



300,000










Securities Fraud

245,158









245,158

(T)I













(3.5 FTE)




Indirect Cost Assessment

246,554







104,178

j

142,376

(T)k




250,027









145,849

(T)k





7,795,348














7,898,834


























a This amount shall be from the Collection Agency Board Fund.

b This amount shall be from the 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 This amount 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, $17,363 shall be from the Collection Agency Board Fund, $45,144 shall be from the Uniform Consumer Credit Code Fund, $27,781 shall be from the Public Utilities Commission Fixed Utilities Fund, and $13,890 shall be from the State Compensation Insurance Authority.

k Of this amount, $118,068 $121,541 shall be from the Risk Management Fund, and $24,308 shall be from the Department of Regulatory Agencies, Division of Securities.

l Of this amount, $2,255 shall be from the Colorado Association of Chiefs of Police and County Sheriffs of Colorado, and $145,000 shall be from the Peace Officers Standards and Training Board Cash Fund.















TOTALS PART X














(LAW)2, 3, 4


$26,233,172


$9,189,938

a



$1,423,942

b

$14,980,716

b

$638,576




$26,868,396


$9,398,746

a



$1,426,197

b

$15,394,846

b

$648,607
















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 asset forth in Section 24-75-201.1, C.R.S.

b Of these amounts, $14,992,987 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. 97, p. 2144.)

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.

4(Governor lined through this provision. See L. 97, p. 2144.)

39Department of Health Care Policy and Financing, Medical Programs, Administration; and Department of Law, Special Purpose, Medicaid Fraud Grant -- It is the intent of the General Assembly that all efforts be made to reduce the amount of fraudulent activity occurring within the state Medicaid program. To thisend, the General Assembly requests that the departments cooperate to produce a report on Medicaid fraud, including: (1) estimates on the total amount of fraudulent activity; (2) information on which areas within Medicaid are particularly vulnerable to fraud, both fiscal and programmatic; (3) what new and existing efforts are being made by each department to remedy the problem of Medicaid fraud; and (4) recommendations on ways to prevent and catch fraudulent Medicaid claims, such as data systems or investigatory tools. The departments are requested to submit the report to the Joint Budget Committee by November 1, 1997.

122Department of Law, General Enforcement and Appellate Sections and Special Purpose, Collection Agency Board -- The General Assembly anticipates that, as a result of funds appropriated in FY 1995-96 for an automated phone system or answering service, the Consumer Protection Unit of the General Enforcement and Appellate Sections and the Collection Agency Board will be able to demonstrate a decrease in the average time to respond to complaints and an increase in the number of enforcement actions.

123Department 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, 1997, on both the dollars and the FTE utilized by the district attorneys in prosecuting death penalty cases in FY 1996-97. In addition, the Department is requested to report no later than October 15, 1997, on the dollars and FTE utilized within the Department in assisting district attorneys in such death penalty cases in FY 1996-97.

124Department 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.

125Department 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 $49.78 per hour for attorneys and $39.09 per hour for paralegals, for an average rate of $48.00.

126Department of Law, Special Purpose, Medicaid Fraud Grant -- If the dollar value of actual General Fund recoveries received by the Department by the end of FY 1996-97 is less than the anticipated amount of $275,000, the FY 1997-98 appropriation for the Medicaid Fraud Unit will be reviewed by the Joint Budget Committee.

127Department 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.

127aDepartment of Law, Special Purpose, Litigation Management Fund -- It is the intent of the General Assembly to grant the Department additional managementflexibility 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.

148Department of Human Services, Office of Information Technology Services, Year 2000 Date Change; Department of Labor and Employment, Executive Director's Office, Year 2000 Date Change; Department of Law, Administration, Year 2000 Project; Department of Public Health and Environment, Information Technology Services, Year 2000 Projects; and Department of Revenue, Information Technology Division, Year 2000 Programming -- It is the intent of the General Assembly that moneys in this line be restricted by the State Controller until the Commission on Information Management has reviewed and approved the Department's Year 2000 implementation plan.

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.

____________________________ ____________________________

Charles E. Berry Tom Norton

SPEAKER OF THE HOUSE PRESIDENT OF

OF REPRESENTATIVES THE SENATE

____________________________ ____________________________

Judith M. Rodrigue Joan M. Albi

CHIEF CLERK OF THE HOUSE SECRETARY OF

OF REPRESENTATIVES THE SENATE

APPROVED________________________________________

_________________________________________

Roy Romer

GOVERNOR OF THE STATE OF COLORADO


Created: 3/13/98 Updated: 3/13/98