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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0367.01 DLC SENATE BILL 98­033

STATE OF COLORADO

BY SENATORS Mutzebaugh, Dennis, and Johnson;

also REPRESENTATIVES Leyba, Owen, and Pfiffner.

STATE, VETERANS & MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING THE CREATION OF A COMMISSION ON GOVERNMENT EFFICIENCY.

Bill Summary

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

Commission on Privatization. Creates a commission on government efficiency. Specifies the membership for the commission. Specifies the term limits and the method of filling vacancies for the members of the commission. Requires the commission to select a chairperson at a meeting held no later than October 1, 1998. Requires the commission to conduct meetings at least quarterly thereafter. Specifies that a majority of the commission constitutes a quorum and that members of the commission serve without compensation. Allows the commission to request staff assistance from the department of personnel. Subjects the activities performed by the commission to an annual audit by the state auditor. Requires the commission to report annually to the state, veterans, and military affairs committees of the senate and the house of representatives. Sets forth the powers of the commission.

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

SECTION 1.  Part 5 of article 50 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

24­50­515.  Commission on government efficiency ­ creation ­ membership ­ powers ­ repeal. (1)  THERE IS HEREBY CREATED A COMMISSION ON GOVERNMENT EFFICIENCY, TO BE COMPOSED OF THIRTEEN MEMBERS AS FOLLOWS:

(a)  TWO MEMBERS REPRESENTING THE PRIVATE SECTOR, ONE MEMBER APPOINTED BY THE PRESIDENT OF THE SENATE AND ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE;

(b)  TWO MEMBERS REPRESENTING THE PRIVATE SECTOR, ONE MEMBER APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES;

(c)  THREE MEMBERS APPOINTED BY THE GOVERNOR;

(d)  THREE MEMBERS REPRESENTING PUBLIC EMPLOYEES AS FOLLOWS:

(I)  ONE MEMBER APPOINTED BY THE COLORADO ASSOCIATION OF PUBLIC EMPLOYEES;

(II)  ONE MEMBER APPOINTED BY THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES; AND

(III)  ONE MEMBER APPOINTED BY THE COLORADO FEDERATION OF PUBLIC EMPLOYEES;

(e)  ONE MEMBER APPOINTED BY THE COLORADO MANAGERS ASSOCIATION;

(f)  THE STATE PERSONNEL DIRECTOR OR HIS OR HER DESIGNEE; AND

(g)  THE STATE AUDITOR OR HIS OR HER DESIGNEE.

(2) (a)  OF THE FIRST MEMBERS APPOINTED TO THE COMMISSION ON GOVERNMENT EFFICIENCY UNDER SUBSECTION (1) OF THIS SECTION, THE FOLLOWING MEMBERS SHALL SERVE ON THE COMMISSION FOR TERMS OF ONE YEAR:

(I)  THE MEMBER REPRESENTING THE PRIVATE SECTOR APPOINTED BY THE PRESIDENT OF THE SENATE;

(II)  THE MEMBER REPRESENTING THE PRIVATE SECTOR APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES;

(III)  ONE OF THE THREE MEMBERS APPOINTED BY THE GOVERNOR;

(IV)  THE MEMBER APPOINTED BY THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES; AND

(V)  THE MEMBER APPOINTED BY THE COLORADO MANAGERS ASSOCIATION.

(b)  THE REMAINING MEMBERS INITIALLY APPOINTED TO THE COMMISSION ON GOVERNMENT EFFICIENCY IN ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION AND MEMBERS SUBSEQUENTLY APPOINTED TO THE COMMISSION SHALL SERVE FOR TERMS OF TWO YEARS; EXCEPT THAT A MEMBER APPOINTED TO SUCCEED ANOTHER MEMBER WHOSE TERM HAS NOT EXPIRED SHALL BE APPOINTED FOR THE PERIOD OF THE UNEXPIRED TERM AND MAY BE SUBSEQUENTLY APPOINTED FOR A TWO­YEAR TERM.

(3)  VACANCIES IN THE MEMBERSHIP OF THE COMMISSION ON GOVERNMENT EFFICIENCY SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS ARE MADE UNDER SUBSECTIONS (1) AND (2) OF THIS SECTION.

(4)  THE COMMISSION ON GOVERNMENT EFFICIENCY SHALL SELECT ITS OWN CHAIRPERSON BY A MAJORITY VOTE OF THE QUORUM PRESENT AT A MEETING TO BE HELD NO LATER THAN OCTOBER 1, 1998. BEGINNING IN 1999, AND FOR EACH YEAR THEREAFTER, THE COMMISSION SHALL MEET NOT LESS THAN QUARTERLY UPON THE CALL OF THE CHAIRPERSON. A MAJORITY OF THE COMMISSION SHALL CONSTITUTE A QUORUM TO TRANSACT BUSINESS AND FOR THE EXERCISE OF ANY OF THE POWERS AND DUTIES CONFERRED THEREON. MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT COMPENSATION.

(5)  IN CARRYING OUT ITS DUTIES IN ACCORDANCE WITH THIS SECTION, THE COMMISSION ON GOVERNMENT EFFICIENCY MAY REQUEST STAFF ASSISTANCE FROM THE DEPARTMENT OF PERSONNEL, WHICH ASSISTANCE SHALL BE PROVIDED WITHIN AVAILABLE APPROPRIATIONS.

(6)  THE ACTIVITIES PERFORMED BY THE COMMISSION ON GOVERNMENT EFFICIENCY IN ACCORDANCE WITH THIS SECTION SHALL BE SUBJECT TO AN ANNUAL AUDIT BY THE STATE AUDITOR OR HIS OR HER DESIGNEE. ON OR BEFORE MARCH 1, 1999, AND EACH YEAR THEREAFTER, THE COMMISSION SHALL REPORT TO THE STATE, VETERANS, AND MILITARY AFFAIRS COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES CONCERNING THE COMMISSION'S ACTIVITIES DURING THE PREVIOUS YEAR.

(7)  THE POWERS AND DUTIES OF THE COMMISSION ON GOVERNMENT EFFICIENCY SHALL BE:

(a)  TO CONDUCT RESEARCH, INCLUDING SURVEYS AND MARKET­TESTING, OF CURRENTLY PERFORMED GOVERNMENT FUNCTIONS, INCLUDING THOSE GOVERNMENT FUNCTIONS CURRENTLY PERFORMED BY THE PRIVATE SECTOR;

(b)  TO EVALUATE AND MAKE RECOMMENDATIONS CONCERNING THE APPROPRIATE FUNCTIONS OF STATE GOVERNMENT AND TO MAKE RECOMMENDATIONS AS TO WHICH FUNCTIONS OF STATE GOVERNMENT SHOULD BE PERFORMED BY STATE PERSONNEL SYSTEM EMPLOYEES, INCLUDING THOSE GOVERNMENT FUNCTIONS CURRENTLY PERFORMED BY THE PRIVATE SECTOR, AND WHICH FUNCTIONS OF STATE GOVERNMENT SHOULD BE PROVIDED BY THE PRIVATE SECTOR;

(c)  TO RECOMMEND NEW STANDARDS FOR GOVERNMENT EFFICIENCY, EVALUATE THE EFFECTS OF SUCH STANDARDS ON THE STATE PERSONNEL SYSTEM, AND ADVISE THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE GOVERNMENT TO IMPLEMENT CHANGES, INCLUDING, BUT NOT BE LIMITED TO, CHANGES RELATING TO THE SELECTION OF MANAGED COMPETITION PROJECTS;

(d)  TO IDENTIFY OPPORTUNITIES FOR PRIVATIZATION;

(e)  TO REVIEW AND MAKE RECOMMENDATIONS CONCERNING PROPOSALS FROM STATE AGENCIES TO PRIVATIZE CERTAIN GOVERNMENT FUNCTIONS;

(f)  TO IDENTIFY SPECIFIC GOVERNMENT FUNCTIONS CURRENTLY PERFORMED BY THE PRIVATE SECTOR THAT COULD BE PERFORMED MORE EFFECTIVELY AND EFFICIENTLY BY STATE PERSONNEL SYSTEM EMPLOYEES AND SHOULD THEREFORE BE TRANSFERRED TO THE APPROPRIATE STATE AGENCY;

(g)  TO DEVELOP GUIDELINES AND PROCEDURES FOR SOLICITING PROPOSALS FOR NEW AND EXISTING PERSONAL SERVICES CONTRACTS FROM PRIVATE ENTITIES AND STATE EMPLOYEES TO PERFORM SERVICES OR FUNCTIONS; AND

(h)  TO IDENTIFY AND MAKE RECOMMENDATIONS TO THE JOINT BUDGET COMMITTEE CONCERNING ANY OTHER EFFICIENT MEANS OF ENHANCING RESPONSIVENESS AND ACCOUNTABILITY IN STATE GOVERNMENT.

(8)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2003.

SECTION 2.  Effective date. This act shall take effect on July 1, 1998; except that, if a referendum petition is filed against this act or an item, section, or part of this act within 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, 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.