HOUSE BILL 981401
BY REPRESENTATIVES Grampsas, Owen, Romero, Anderson, Entz, and George;
also SENATORS Lacy, Blickensderfer, and Rizzuto.
TO PROVIDE FOR THE PAYMENT OF THE EXPENSES OF THE
EXECUTIVE, LEGISLATIVE, AND JUDICIAL DEPARTMENTS OF THE STATE
OF COLORADO, AND OF ITS AGENCIES AND INSTITUTIONS, FOR AND DURING
THE FISCAL YEAR BEGINNING JULY 1, 1998, EXCEPT AS OTHERWISE NOTED.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Definitions
general provisions. As used in this act, the following
definitions and general provisions shall apply:
(1) (a) "Capital outlay"
means:
(I) Equipment, meaning motor trucks designated
over threequarters of one ton, tractors, trailers, snowmobiles,
boats, machinery, reference books, office furniture, file cabinets,
typewriters, adding and calculating machines, and other business
machines, having a useful lifetime of one year or more, or other
items, including, but not limited to, tools, implements, and instruments,
which may be used continuously without material change in physical
condition, costing more than one hundred dollars and less than
fifty thousand dollars;
(II) Alterations and replacements, meaning
major and extensive repair, remodeling, or alteration of buildings,
the replacement thereof, or the replacement and renewal of the
plumbing, wiring, heating, and air conditioning systems therein,
costing less than fifteen thousand dollars;
(III) New structures, meaning the construction
of entirely new buildings where the cost will be less than fifteen
thousand dollars, including the value of materials and labor,
either statesupplied or supplied by contract;
(IV) Nonstructural improvements to land,
meaning the grading, leveling, drainage, and landscaping thereof
and the construction of roadways, fences, ditches, and sanitary
and storm sewers, where the cost will be less than five thousand
dollars.
(b) "Capital outlay" does not
include those things defined as capital construction by section
2475301, Colorado Revised Statutes.
(2) "Centralized appropriation"
means the appropriation of funds to a department's executive director's
office or central administrative program intended for subsequent
allocation and expenditure at and among a department's divisions,
programs, agencies, or long bill groups in order to reflect the
amount of such resources actually used in each program or division.
Such centralized appropriations may include salary survey, anniversary
increases, shift differential, group health and life insurance,
capital outlay, ADP capital outlay, legal services, purchase of
services from computer center, vehicle lease payments, leased
space, lease purchase, payment to risk management and property
funds, shortterm disability insurance, utilities, administrative
law judge services, and centralized ADP. As provided in subsection
(10) of this section, capital outlay is included within the appropriation
for "operating expenses". Capital outlay may be reallocated
to divisions or programs within the department solely for capital
outlay expenditure.
(3) "FTE", except for certain
positions in higher education, means the budgetary equivalent
of one position continuously filled full time for the entire fiscal
year, and the total FTE positions may comprise any combination
of parttime positions or fulltime positions provided
the maximum FTE position limitation is not exceeded. "FTE",
when applied to higher education professional personnel and assistants
in resident instruction and professional personnel in organized
research and activities relating to instruction, means the equivalent
of one position continuously filled for a ninemonth or tenmonth
academic year. The maximum limitation on the number of FTE which
shall be allowed for the fiscal year to which this act pertains
is indicated by a number in parentheses following the appropriate
line items or subtotals or under the figures in the "appropriation
from" columns where the maximums for FTE are limited for
each fund source. The FTE limitation so indicated is the maximum
number of FTE positions which may be established at any time without
additional legislative approval. Actions taken by the state personnel
board, the state department of personnel, and agency management
and budgetary constraints may result in the utilization of an
FTE level less than the specified maximum. When a fulltime
position is created for less than one year, the department, agency,
or institution shall indicate the termination date of the position,
and the total time period between the date designated for filling
the position and termination shall be counted and applied against
the total FTE position limitation.
(4) "Health, life, and dental"
means the state contribution to employee health, life, and dental
insurance pursuant to section 2450609, Colorado Revised
Statutes. No funds appropriated for health, life, and dental
shall be expended for any other purpose.
(5) "Indirect cost recoveries"
means reimbursements made to an agency of the state from federal
funds, other nonstate funds, cash funds, or cash funds exempt
for the indirect expenses which have been incurred by the state
in operating such programs. These recoveries are made by the
departments using the approved indirect cost rate, as required
by the state fiscal rules.
(6) "Lease purchase" means the
use and acquisition of equipment under an agreement to purchase,
pursuant to which payments are made for a period of longer than
one year and are subject to annual appropriation. "Lease
purchase" may also include payments made under the agreement
for the maintenance of the equipment. No funds shall be expended
for lease purchases except those specifically appropriated for
such purpose. The provisions of this subsection (6) shall not
apply to the board of regents of the university of Colorado; the
state board of agriculture; the board of trustees of the Colorado
school of mines; the board of trustees of the university of northern
Colorado; the trustees of the state colleges in Colorado; the
state board for community colleges and occupational education
(except for administration and the division of occupational education);
the board for the Auraria higher education center; the state historical
society; the Colorado council on the arts; the Colorado advanced
technology institute; the division of wildlife; the water conservation
board; the county departments of social services; the Colorado
financial reporting system project; and the lowincome energy
assistance block grant.
(7) "Leased space" means the
use and acquisition of office facilities and office and parking
space pursuant to a rental agreement. No funds shall be expended
for leased space except pursuant to a specific appropriation for
such purpose. The provisions of this subsection (7) shall not
apply to the board of regents of the university of Colorado; the
state board of agriculture; the board of trustees of the Colorado
school of mines; the board of trustees of the university of northern
Colorado; the trustees of the state colleges in Colorado; the
state board for community colleges and occupational education
(except for administration and the division of occupational education);
the board for the Auraria higher education center; the state historical
society; the Colorado council on the arts; the Colorado advanced
technology institute; the division of wildlife; the water conservation
board; the county departments of social services; the Colorado
financial reporting system project; and the lowincome energy
assistance block grant.
(8) "Legal services" means the
purchase of legal services from the department of law; however,
up to ten percent of the amount appropriated for legal services
may instead be expended for operating expenses, contractual services,
and tuition for employee training. No funds shall be expended
for legal services except those specifically appropriated for
such purpose. The provision of this subsection (8) shall not
apply to the departments of education, higher education, transportation,
and the risk management fund in the department of personnel.
(9) "Motor vehicle" means a
motor truck designated threequarters of one ton or less,
automobile, or other selfpropelled vehicle costing less
than fifty thousand dollars.
(10) "Operating expenses" means:
(a) Supplies and materials, meaning products
which by their nature are consumable and which have a useful lifetime
of less than one year or which, after usage, undergo an impairment
of, or a material change in, physical condition or which cost
less than one hundred dollars;
(b) Current charges, meaning charges for
rental of property and equipment, insurance premiums, dues, subscriptions,
and other fixed charges; except that no funds appropriated for
operating expenses may be expended for vehicle lease payments,
leased space, or lease purchase;
(c) Capital outlay, as defined in subsection
(1) of this section.
(d) The cost of travel by common carrier
or by stateowned or privately owned conveyance and the costs
of meals and lodging incident to such travel.
(11) "Personal services" means:
(a) All salaries and wages, whether to
fulltime, parttime, or temporary employees of the
state, and also includes the state's contribution to the public
employees' retirement fund. Payments for overtime shall be in
compliance with rules and procedures adopted by the state personnel
director pursuant to section 2450143, Colorado Revised
Statutes.
(b) Contractual services, meaning services
rendered or performed by firms or individuals other than for employment
compensation as an employee of the state. Payments for contractual
services shall be in compliance with section 2430202
(2) and (3), Colorado Revised Statutes.
(c) Tuition for employee training or attendance
at seminars, conferences, or workshops which are approved by personnel
system regulations.
(d) Payments for unemployment insurance
as required by the department of labor and employment.
(12) "Purchase of services from computer
center" means the purchase of automated data processing services
from the general government computer center; however, up to twenty
percent of the amount appropriated for purchase of services from
the computer center may instead be expended for operating expenses.
(13) "Shortterm disability"
means the state contribution for employee shortterm disability
pursuant to section 2450603, Colorado Revised Statutes.
No funds appropriated for shortterm disability shall be
expended for any other purpose.
(14) "Utilities" means water,
sewer service, electricity, payments to energy service companies,
purchase of energy conservation equipment, and all heating fuels.
(15) "Vehicle lease payments"
means the annual payments to the department of personnel for the
cost of administration, repayment of a loan from the state treasury,
and leasepurchase payments for new and replacement vehicles.
No funds shall be expended for vehicle lease payments except
those specifically appropriated for such purposes. The provisions
of this subsection (15) shall not apply to the departments of
education, higher education, and transportation.
(16) Where no purpose is specified or
where a special program is specified, the appropriation shall
be for contractual services, tuition, and operating expenses and,
only if the appropriation includes a specified FTE limitation,
for personal services other than contractual services.
(17) Expenditures of funds appropriated
for the purchase of goods and services shall be in accord with
section 1724111, Colorado Revised Statutes, which
requires institutions, agencies, and departments to purchase such
goods and services as are produced by the division of correctional
industries from said division.
(18) When it is not feasible, due to the
format of this act, to set forth fully in the line item description
the purpose of an item of appropriation or a condition or limitation
on the item of appropriation, the footnotes at the end of each
section of this act refer to provisions which set forth such purposes,
conditions, or limitations, and such provisions are therefore
intended to be binding portions of the items of appropriation
to which they relate. In other cases, where clearly expressed,
footnotes refer to statements which are not intended by the general
assembly to be binding portions of appropriations but which are
related to the indicated item or items of appropriation. Such
nonbinding statements include explanations of the assumptions
used in making appropriations, the general assembly's intent with
respect to future appropriations, and requests on the part of
the general assembly for particular administrative action in connection
with items of appropriation.
(19) For purposes of complying with the
provisions of subsection (5) of section 20 of article X in the
state constitution, the balance of funds in the controlled maintenance
trust fund, created in section 2475302.5 (2), Colorado
Revised Statutes, is hereby designated to constitute the state
emergency reserve for the 199899 fiscal year.
SECTION 2. Appropriation.
(1) The sums in this section hereinafter specified,
or so much thereof as may be necessary for the purpose, are hereby
appropriated out of any moneys in the general fund, the indicated
cash funds, and federal funds, for the payment of the ordinary
operating costs of the executive, legislative, and judicial departments
of the state, and of its agencies and institutions, for and during
the fiscal year beginning July 1, 1998, and:
(a) The figures in the column headed "item
& subtotal" are the amounts made available by appropriation
for expenditure within each line item, except for the figure beneath
the line, which is the subtotal of the figures preceding. The
figures in the "total" column are the amounts made available
by appropriation for expenditure by the department, division,
institution, or program to which the totals relate.
(b) The figures in the "general fund",
"general fund exempt", "cash funds", "cash
funds exempt", and "federal funds" columns indicate
the source of funds for the amounts authorized in the expenditure
columns. The figures in the "general fund exempt" and
"cash funds exempt" columns are amounts not included
in the term "fiscal year spending" as such term is defined
in section 20 (2) (e) of article X of the state constitution.
(c) The figures in the "general fund"
and "general fund exempt" columns indicate the maximum
amount that may be expended from the general fund for the purposes
shown.
(d) Where the letter "(M)" appears
directly to the right of the general fund or general fund exempt
figure, that general fund or general fund exempt appropriation,
when combined with the related general fund or general fund exempt
transfers from the centralized appropriations to the office of
the executive director, is used to support a federally supported
program and is the maximum amount of general fund or general fund
exempt moneys that may be expended in that program, except where
otherwise provided. In the event that additional federal funds
are available for the program, the combined general fund or general
fund exempt amount noted as "(M)" shall be reduced by
the amount of federal funds earned or received in excess of the
figure shown in the "federal funds" column for that
program. In the event that the federal funds earned or received
are less than the amount shown in the "federal funds"
column, the combined general fund or general fund exempt amount
noted as "(M)" shall be reduced proportionately. Where
general fund or general fund exempt support is required as a condition
for the acceptance of federal funds and the state matching requirements
are reduced, the combined general fund or general fund exempt
amount noted as "(M)" shall be reduced proportionately.
These provisions shall apply only to the general fund or general
fund exempt amount which remains unexpended at the time of the
change in federal requirements or funding. It is intended that
the general fund or general fund exempt amount and the federal
funds amount shall be expended in equally proportioned amounts
throughout the year.
(e) (I) The figures in the "cash
funds" or "cash funds exempt" columns, including
the figures in any related lettered notes, indicate all nongeneral
fund and nongeneral fund exempt sources and all nondirect
federal fund sources and may be cash funds established by statute,
nonstatutory cash accounts, tuitions, overhead reimbursements,
certain fees, governmental and nongovernmental "thirdparty"
payments, payments for services, and interagency transfers. Such
figures indicate the maximum amount that may be expended from
cash funds or the specified cash fund sources for the purposes
shown. The amount of each cash funds or cash funds exempt appropriation
is expressly declared to be nonseverable from the agency, source,
and purpose of such appropriation, and such amount shall not be
used for any other agency, source, or purpose.
(II) The provisions of this paragraph
(e) shall not apply where this act specifically provides otherwise
or where a cash funds or cash funds exempt amount is marked with
an "(L)". The "(L)" designation refers to
the funds of local governments or to the funds of service organizations
from which the state purchases services, the amounts of which
are not appropriated in this act and the inclusion of which is
informational only.
(III) Whenever a state agency receives
cash funds or exempt cash funds from a centralized appropriation
made to the office of the executive director of such agency's
department and this act does not set forth such funds as a duplicate
appropriation to said receiving agency, the provisions of this
paragraph (e) shall not apply to the receipt of such funds.
(IV) Whenever the controller creates an
account solely for the purpose of establishing the obligation
of a state agency to generate cash funds or exempt cash funds
for distribution to another state agency to which such funds are
appropriated by this act, the provisions of this paragraph (e)
shall not apply to the account created or to such distribution.
(f) Where the letter "(H)" appears
directly to the right of a cash funds or cash funds exempt figure,
that appropriation, when combined with the related cash funds
or cash funds exempt transfers from the centralized appropriations
to the office of the executive director, is used to support a
federally supported program and is the maximum amount of cash
funds or cash funds exempt moneys that may be expended in that
program, except where otherwise provided. In the event that additional
federal funds are available for the program, the combined cash
funds or cash funds exempt amount noted as "(H)" shall
be reduced by the amount of federal funds earned or received in
excess of the figure shown in the "federal funds" column
for that program. In the event that the federal funds earned
or received are less than the amount shown in the "federal
funds" column, the combined cash funds or cash funds exempt
amount noted as "(H)" shall be reduced proportionately.
Where cash funds or cash funds exempt support is required as
a condition for the acceptance of federal funds and the state
matching requirements are reduced, the combined cash funds or
cash funds exempt amount noted as "(H)" shall be reduced
proportionately. These provisions shall apply only to the cash
funds or cash funds exempt amount which remains unexpended at
the time of the change in federal requirements or funding. It
is intended that the cash funds or cash funds exempt amount and
the federal funds amount shall be expended in equally proportioned
amounts throughout the year.
(g) Where a "(T)" appears directly
to the right of a cash funds exempt figure, that figure is a transfer
of funds anticipated to be made from one state agency to another
and may be a combination of various funding sources. A "(T)"
is a duplicated appropriation, appearing both in the distributing
agency's appropriation where the funding details are indicated
and in the receiving agency's appropriation where the amount transferred
is categorized as a cash funds exempt receipt.
(h) (I) The figures in the "federal
funds" column earned or received under the following federal
programs which are subject to a state match or which are subject
to transfer to other block grants shall be limits on the amount
of expenditures of such funds, and such funds shall be expended
in accordance with applicable state and federal statutes, including
all provisions of this act:
Social Services (Title XX) Block Grant
Preventive Health Block Grant
Maternal and Child Health Block Grant
(II) The figures in the "federal
funds" column earned or received under the following federal
programs shall be limits on the amount of expenditures of such
funds, and such funds shall be expended in accordance with applicable
state and federal statutes, including all provisions of this act:
Child Care and Development Block Grant
Temporary Assistance to Needy Families Block Grant
WelfaretoWork Grant
(III) The figures in the "federal
funds" column for all other programs are anticipated federal
funds, and, although these funds are not appropriated in this
act, they are noted for the purpose of indicating the assumption
used relative to those funds in developing the basic appropriations
amounts.
(i) The general assembly accepts no obligation
directly or indirectly for support or continuation of nonstatefunded
programs or grants where no direct or indirect state contribution
is required. Furthermore, the general assembly accepts no obligation
for costs incurred by or claimed against nonappropriated federally
funded programs.
(j) No moneys appropriated by this act
shall knowingly be paid to any organization, business firm, person,
agency, or club which places restrictions on employment or membership
based on sex, race, age, marital status, creed, color, religion,
national origin, ancestry, or physical handicap.
(k) Pursuant to section 2430202
(2), Colorado Revised Statutes, the controller shall examine all
state contracts entered into during the fiscal year commencing
July 1, 1998, to determine whether such contracts are authorized
by an appropriation within this act, and, pursuant to section
2430202 (3), Colorado Revised Statutes, no agency
shall incur obligations by contract in excess of the amounts appropriated
by this act.
SECTION 13. 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