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An Act

HOUSE BILL 98-1355

BY REPRESENTATIVES Grampsas, Owen, and Romero;

also SENATORS Lacy, Blickensderfer, Rizzuto, and Hernandez.

Concerning a supplemental appropriation to the department of revenue.

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

SECTION 1. Part XIX of section 2 of chapter 310, Session Laws of Colorado 1997, is amended to read:

Section 2. Appropriation.

PART XIX

DEPARTMENT OF REVENUE















(1) EXECUTIVE DIRECTOR'S OFFICE171, 172












Personal Services and Operating Expenses

5,420,973














(85.3 FTE)












System Design173

2,587,372














3,166,853













Health, Life, and Dental

2,713,006













Short-term Disability

130,113













Salary Survey, Anniversary Increases, and Shift Differential

1,807,056













Workers' Compensation

936,719













Legal Services for 9,373 hours

449,893













Payment to Risk Management and Property Funds

141,958













Vehicle Lease Payments

395,268













ADP Capital Outlay

319,510














205,173













Leased Space

1,209,147














1,272,876













Capitol Complex Leased Space

693,128













Utilities

378,553













Lease/Purchase -- 1881 Pierce Street

796,517















17,979,213


13,479,350




879,599

a

3,620,264

b




18,508,086


14,145,455




879,274

a

3,483,357

b
















a Of this amount, $33,369 shall be from the Liquor Enforcement Cash Fund for indirect cost recoveries, $70,382 shall be from the Auto Dealers License Fund for indirect cost recoveries, $33,864 shall be from the Ignition Interlock Fund, $258,425(T) shall be from the State Lottery Fund Fund for indirect cost recoveries, and $483,559 $483,234 shall be from various sources of cash.

b Of this amount, $1,126,930 $1,012,593 shall be from the Highway Users Tax Fund, for the Ports of Entry in the Motor Carrier Services Division, $212,057 shall be from the Distributive Data Processing Account for indirect cost recoveries, $261,187 shall be from the Drivers License Revocation Account, $392,256(T) shall be from the Limited Gaming Fund, of which $185,961 is for indirect cost recoveries, $50,057 shall be from the Automotive Inspection and Readjustment Account for indirect cost recoveries, $6,812(T) shall be from the Hazardous Materials Safety Fund, and $1,570,965 $1,548,395 shall be from various sources of exempt cash funds.















(2) CASH AND DOCUMENT PROCESSING DIVISION172










Program Costs

9,407,922













(155.0 FTE)













Lease/Purchase--Phone System

77,714















9,485,636


8,456,252




280,606

a

748,778

b

















a Of this amount, $156,311 shall be from the Trade Name Registration Fund Fund for indirect cost recoveries, $68,453 shall be from the Auto Dealers License Fund for indirect cost recoveries, $5,729 shall be from the Aviation Fund Fund for indirect cost recoveries, $15,651 shall be from the Waste Tire Disposal Fund Fund for indirect cost recoveries, $21,026(T) shall be from the State Lottery Fund for indirect cost recoveries, $1,175 shall be from the Tax Lien Certification Fund Fund for indirect cost recoveries, and $12,261 shall be from the Liquor Enforcement Cash Fund for indirect cost recoveries.

b Of this amount, $30,093 shall be from the Highway Users Tax Fund, $538,140 shall be from the Distributive Data Processing Account for indirect cost recoveries, $44,457 shall be from the Automotive Inspection and Readjustment Account for indirect cost recoveries, $117,364(T) shall be from the Limited Gaming Fund for indirect cost recoveries, and $18,724 shall be from the Outstanding Judgements and Warrants Account.















(3) INFORMATION TECHNOLOGY DIVISION172, 174












Program Costs

7,950,174














(88.0) FTE













Year 2000 Programming148

1,081,510














1,541,175















9,031,684


7,668,759




353,329

a

1,009,596

b





9,491,349


8,128,424
























a Of this amount, $240,688 shall be from the Trade Name Registration Fund Fund for indirect cost recoveries, $4,759 shall be from the Auto Dealers License Fund Fund for indirect cost recoveries, $3,370 shall be from the Aviation Fund Fund for indirect cost recoveries, $19,689 shall be from the Waste Tire Disposal Fund Fund for indirect cost recoveries, $49,426 shall be from the Liquor Enforcement Cash Fund Fund for indirect cost recoveries, $34,083(T) shall be from the State Lottery Fund Fund for indirect cost recoveries, and $1,314 shall from the Colorado Municipal League.

b Of this amount, $396,260 shall be from the Distributive Data Processing Account Account for indirect cost recoveries, $3,397 shall be from the Automotive Inspection and Readjustment Account Account for indirect cost recoveries, $198,351 shall be from the Drivers License Revocation Account, $50,670 shall be from the State Lottery Fund, $282,479(T) shall be from the Limited Gaming Fund for indirect cost recoveries, and $78,439 shall be from the Outstanding Judgements and Warrants Account.


(4) MOTOR VEHICLE DIVISION18, 172, 175













Program Costs

13,679,328














13,361,440













(391.0 FTE)













Drivers License Documents

892,731














1,210,619













License Plate Ordering

5,216,960














7,114,714













License Plate System

348,000















20,137,019


19,388,653




98,579

a

649,787

b





22,034,773


21,286,407
























a Of this amount, $94,018 shall be from the Auto Dealers License Fund, and $4,561 shall be from the Ignition Interlock Fund.

b Of this amount, $351,669 shall be from the Distributive Data Processing Account, $154,977 shall be from the Drivers License Revocation Account, $46,610 shall be from fees collected pursuant to Section 42-2-116(3)(c), C.R.S., $56,298 shall be from the Automotive Inspection and Readjustment Account, and $40,233 shall be from the Penalty Assessment Account.















(5) MOTOR CARRIER SERVICES DIVISION172












Program Costs

6,379,867













(145.0 FTE)












Mobile Scales

172,877













Computer Replacement

260,724














232,435













Controlled Maintenance - Fixed and Mobile Ports

55,335














6,695,926


657,078






6,038,848

a





6,840,514








6,183,436

a

















a This amount shall be from the Highway Users Tax Fund.















(6) SPECIAL PURPOSE172













(A) Vehicle Emissions














Program Costs

1,034,438









1,034,438

a













(16.5 FTE)


















a This amount shall be from the Automobile Inspection and Readjustment Account.















(B) Motor Vehicle Dealer Licensing Board












Program Costs

1,251,203







1,251,203

a











(23.2 FTE)




















a This amount shall be from the Auto Dealers License Fund.















(C) Traffic Safety Program

100,000









100,000

(T)a

















a This amount shall be from federal funds appropriated in the Office of Transportation Safety, Colorado Department of Transportation.















(D) Data Processing Services













Distributive Data Processing

4,185,130














(27.5 FTE)












Titles

1,362,897














(42.4 FTE)













5,548,027









5,548,027

a

















a Of this amount, $5,148,683 shall be from the Distributive Data Processing Account, $247,232 shall be from the Central Indexing Fund, and $152,112(T) shall be from the Department of State.















(E) Motor Carrier Safety Assistance Program

292,123











292,123













(8.5 FTE)















(F) Hazardous Materials Permitting Program

142,394









142,394

(T)a













(4.0 FTE)


















a This amount shall be from the Hazardous Materials Safety Fund.















(G) Mineral Audit Program

563,834







43,322

(T)a

520,512

b


(10.0 FTE)


























a Of this amount, $1,546 shall be from the Oil and Gas Conservation Fund and $41,776 shall be from the State Land Board Administration Fund.

b Included in this amount is $77,021 in indirect cost recoveries.















(H) Cigarette Tax Rebate

17,100,000



17,100,000

a























a 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.















(I) Old Age Heat and Fuel and Property Tax Assistance Grant

10,400,000



10,400,000

a























a 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.















(J) Reinvestment Reserve176

250,000









250,000

(T)a

















a This amount shall be from savings identified within the Department.

















36,682,019


























(7) TAXATION AND COMPLIANCE DIVISION172, 172a












Program Costs


11,663,249


11,577,963




8,265

a

77,021

(T)b




(208.6 FTE)


























a This amount shall be from the Aviation Fund.

b This amount shall be from the Mineral Audit Program for indirect cost recoveries.















(8) TAXPAYER SERVICE DIVISION172, 172a












Program Costs


3,909,754


3,630,404




278,059

a

1,291

(T)b




(83.5 FTE)


























a Of this amount, $249,782 shall be from the Trade Name Registration Fund, and $28,277 shall be from the Aviation Fund.

b This amount shall be from the Debt Collection Fund.















(9) LIQUOR ENFORCEMENT DIVISION 172












Personal Services and Operating Expenses


1,203,844


298,268




905,576

a







(20.5 FTE)


























a This amount shall be from the Liquor Enforcement Cash Fund.















(10) STATE LOTTERY DIVISION172













Fixed Costs

9,890,819














(128.0 FTE)












Travel

139,111













Leased Space

399,128













Capitol Complex Leased Space

4,768













Indirect Cost Assessment

313,534













Marketing and Communications

9,160,532













Vendor Fees

8,632,560

a












Prizes

148,014,000

a













215,000,000

a












Retailer Compensation

15,293,940

a













27,362,700

a












Ticket Costs

3,880,250














4,109,525















195,728,642








195,728,642

b





275,012,677








275,012,677

b



a 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.

b This amount shall be from the State Lottery Fund.















(11) LIMITED GAMING DIVISION172













Program Costs


24,701,162






24,701,162

a







20,808,853






20,808,853

a













(73.5 FTE)




















a This amount shall be from the Limited Gaming Fund. 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.















(12) DIVISION OF RACING EVENTS172, 172b












Program Costs

2,261,482














2,274,482














(37.2 FTE)













Racetrack Applications

25,000













Purses and Breeders

810,000

a












Fair Circuit Race Days177

98,313














49,156














(1.3 FTE)















3,194,795


2,359,795




835,000

b







3,158,638


2,323,638
























a 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.

b Of this amount, $25,000 shall be from racetrack applications and $810,000 shall be from racing tax revenues for the Supplemental Purses and Breeders Awards program.















TOTALS PART XIX














(REVENUE)2, 3, 4

$340,412,943


$95,016,522

a



$29,591,378


$214,992,408

b

$812,635



$418,799,392


$98,003,889

a



$25,698,744

b

$294,284,124

b

















a Of this amount, $27,500,000 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 these amounts, $1,878,585 contains a (T) notation, and $7,195,871 $7,226,122 is from the Highway Users Tax Fund subject to Section 43-4-201(3)(a), C.R.S.

FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2.

2(Governor lined through this provision. See L. 97, p. 2263.)

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. 2263.)

18Department of Corrections, Correctional Industries; and Department of Revenue, Motor Vehicle Division -- The Department of Corrections is requested to submit to the Joint Budget Committee quarterly reports which outline the license plate production level, by type, for the preceding quarter, as well as an estimate of the next quarter's anticipated production level as compared to actual orders received. The Department of Revenue is requested to submit to the Joint Budget Committee quarterly reports which outline the license plate inventory on hand, by county, as of the end of each quarter, as well as the estimated license plate demand of each county for the next quarter. The Joint Budget Committee requests that the Department of Revenue submit a quarterly report beginning September 30, 1998 detailing their progress in the development of a license plate production system, which adheres to their objective of reducing the inventory levels of license plates and tabs in the counties to an amount equal to one quarter's usage by June 30, 2000.

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.

171Department of Revenue, Executive Director's Office -- It is the intent of the General Assembly that the Department of Revenue submit a report to the Joint Budget Committee by November 1, 1997, detailing vacancy savings and POTS being utilized to provide funding in the Reinvestment Reserve.

172Department of Revenue, All Sections -- The Department's line item appropriations have been based upon and are subject to the Memorandum of Understanding between the Department of Revenue and the Joint Budget Committee of the General Assembly, which memorandum was signed by the Executive Director of the Department and the Chairman of the Joint Budget Committee. The Memorandum of Understanding is on file at the office of the Joint Budget Committee. The intent of the Memorandum is to make the Department more cost-effective through new and continued line item consolidation in order to maximize productivity by using existing and reduced staff and funding levels to prioritize assignments and responsibly perform statutorily required functions. The Department will maintain accounting records which will delineate actual expenditures for the consolidated line items based on the FY 1988-89 appropriation line items.

172aDepartment of Revenue, Taxpayers Service Division -- The General Assembly and the Department of Revenue recognize that there is a need to improve taxpayer telephone service delivery. To this end the Department of Revenue will reallocate an equivalent of 5.0 FTE to improve telephone service delivery during FY 1997-98 and especially during income tax season in calendar year 1998. The Taxpayer Service Division has 3.0 FTE not funded through its vacancy savings rate and an additional 1.4 FTE held vacant to fund other operating costs. Through internal reallocation of resources in FY 97-98, the Department will fully fill all of these authorized FTE and will utilize temporary and contractual services to maximize telephone service delivery during peak workload periods. This reallocation will not diminish current service levels in other areas of the Taxpayer Service Division. The Department of Revenue will report its reallocation plan to the Joint Budget Committee by November 1, 1997. In addition, the Department of Revenue will submit a report to the Joint Budget Committee by November 1, 1997 outlining long-term recommendations to achieve optimum levels of telephone service delivery. The report will address the issues of number of trunk lines carrying incoming traffic, number of additional agents needed, estimated queue wait times, and system configuration.

172bDepartment of Revenue, Division of Racing Events, Program Costs -- The travel expense and dues appropriation line items allocated to the Colorado Racing Commission within the Division of Racing Events has been reduced by $19,080.

173Department of Revenue, Executive Director's Office, System Design -- It is the intent of the General Assembly that the Department utilize contract labor and that no new FTE be hired for this project.

174Department of Revenue, Information Technology Division -- It is the intent of the General Assembly that the Department submit a decision item to the Joint Budget Committee when an appropriation request reflects a 5% increase from the prior year's base appropriation for purchases of services from Computer Center-Pueblo and purchases of services from Computer Center-GGCC.

175Department of Revenue, Motor Vehicle Division -- It is the intent of the General Assembly that the Department of Revenue, Motor Vehicle Division, submit a zero base budget request for FY 1998-99 to the Joint Budget Committee by November 1, 1997.

176Department of Revenue, Special Purpose, Reinvestment Reserve -- It is the intent of the General Assembly that the Department be allowed to reduce other line item appropriations in order to fund the Reinvestment Reserve line item. To this end, and in accordance with the Memorandum of Understanding between the Department and the Joint Budget Committee, the Department shall submit a Reinvestment Reserve plan to the Committee, in conjunction with its report as required under paragraph 6(b)(1) of the Memorandum of Understanding. The plan shall identify the sources of funds proposed for transfer to the Reinvestment Reserve. It is the intent of the General Assembly that the Joint Budget Committee be briefed by the Department on past, current, and future uses of the Reinvestment Reserve and lump sum flexibility on a quarterly basis. Based on its agreement with the plan submitted by the Department, the Joint Budget Committee shall support a supplemental appropriation to implement the proposal. Any funds thus appropriated to the Reinvestment Reserve in FY 1997-98 shall remain available for expenditure through the fiscal year ending June 30, 1999.

177Department of Revenue, Division of Racing Events, Fair Circuit Race Days -- These funds are appropriated to support the Fair Circuit Race program. The Division may transfer these funds and FTE to the Division's Program Cost line. The Division should report the expenditures on the Fair Circuit Program to the Joint Budget Committee by November 1, 1997.

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 Patricia K. Dicks

CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF

OF REPRESENTATIVES THE SENATE

APPROVED________________________________________

_________________________________________

Roy Romer

GOVERNOR OF THE STATE OF COLORADO


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