First Regular Session
Sixty-second General Assembly
LLS NO. 99-0126.01 Jennifer Gilroy SENATE BILL 99-094
STATE OF COLORADO
BY SENATOR Feeley;
also REPRESENTATIVE Gagliardi.
REENGROSSED FINANCE
A BILL FOR AN ACT
101 CONCERNING FISCAL DATA ACCUMULATED BY GOVERNMENT ENTITIES IN
102 THE STATE.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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Requires specified state agencies to maintain and share their tax,
budget, and other fiscal data with each other. Requires the data to be
maintained and updated in a manner to be agreed upon by the agencies.
Allows any state or local government entity to request data or the
analysis of data accumulated by the agencies. Sets forth the procedures
for requesting data or the analysis of data.
Requires the state and local forum to prioritize requests for data
that is not customarily collected and requests for a fiscal analysis of data.
Sets forth the procedures for prioritizing and responding to such requests.
Requires the directors of the state agencies to meet and develop a
policy for providing data bases to private entities. Requires the executive
committee of the legislative council and the governor to approve such
policy.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Title 24, Colorado Revised Statutes, is amended
3 BY THE ADDITION OF A NEW ARTICLE to read:
4 ARTICLE 73
5 Sharing of Fiscal Data Accumulated by Government Entities
6 24-73-101. Legislative declaration. (1) THE GENERAL
7 ASSEMBLY HEREBY FINDS AND DECLARES THAT IF CERTAIN STATE
8 GOVERNMENT AGENCIES SHARE STATE AND LOCAL FISCAL DATA AND
9 COOPERATE IN DEVELOPING AND ANALYZING SUCH DATA, BOTH STATE AND
10 LOCAL POLICY MAKERS CAN BE PROVIDED WITH IN-DEPTH INFORMATION
11 AND ANALYSIS CONCERNING THE EFFECTS OF CURRENT AND PROPOSED
12 FISCAL POLICIES.
13 (2) (a) IT IS THE INTENT OF THE GENERAL ASSEMBLY TO ALLOW
14 SUCH STATE AGENCIES TO PERFORM THEIR DUTIES AND RESPONSIBILITIES
15 PURSUANT TO THIS ARTICLE IN A MANNER THAT DOES NOT IMPEDE THEIR
16 ABILITY TO PERFORM THEIR OTHER NECESSARY FUNCTIONS AND DOES NOT
17 REQUIRE THE EXPENDITURE OF ADDITIONAL APPROPRIATIONS.
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1 (b) IT IS NOT THE INTENT OF THE GENERAL ASSEMBLY TO INHIBIT
2 OR UNNECESSARILY COMPLICATE THE RESEARCH INVOLVING SUCH FISCAL
3 DATA THAT IS CUSTOMARILY PERFORMED BY ANY AGENCY.
4 24-73-102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
5 CONTEXT OTHERWISE REQUIRES:
6 (1) "AGENCY" MEANS THE COLORADO DEPARTMENT OF LOCAL
7 AFFAIRS, THE COLORADO LEGISLATIVE COUNCIL STAFF, THE COLORADO
8 JOINT BUDGET COMMITTEE STAFF, THE COLORADO DEPARTMENT OF
9 REVENUE, THE OFFICE OF STATE PLANNING AND BUDGETING, THE
10 COLORADO DEPARTMENT OF EDUCATION, AND THE COLORADO
11 STATE-LOCAL FORUM AS DEFINED IN SUBSECTION (5) OF THIS SECTION.
12 (2) "DATA" MEANS TAX REVENUE, BUDGETARY, EXPENDITURE, AND
13 DEBT INFORMATION CUSTOMARILY COLLECTED AND REPORTED BY STATE
14 AND LOCAL GOVERNMENT ENTITIES.
15 (3) "DATA DEVELOPMENT" MEANS TAX REVENUE, BUDGETARY,
16 EXPENDITURE, AND DEBT INFORMATION NOT CUSTOMARILY COLLECTED OR
17 REPORTED BY STATE AND LOCAL GOVERNMENT ENTITIES, THE COLLECTION
18 OF WHICH REQUIRES CHANGES IN CUSTOMARY DATA COLLECTION OR
19 REPORTING PROCEDURES AND IS RESOURCE INTENSIVE.
20 (4) "FISCAL ANALYSIS" MEANS THE EXAMINATION,
21 INTERPRETATION, AND REFINEMENT OF DATA FOR THE PURPOSE OF
22 DRAWING CONCLUSIONS WITH RESPECT TO FISCAL POLICY.
23 (5) "STATE-LOCAL FORUM" MEANS THE COLORADO STATE-LOCAL
24 FORUM ESTABLISHED BY SENATE JOINT RESOLUTION 93-10, ENACTED AT
25 THE FIRST REGULAR SESSION OF THE FIFTY-NINTH GENERAL ASSEMBLY,
26 AND AS MODIFIED BY HOUSE JOINT RESOLUTION 95-1007, ENACTED AT THE
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1 FIRST REGULAR SESSION OF THE SIXTIETH GENERAL ASSEMBLY.
2 24-73-103. Sharing of data. EACH AGENCY SHALL PROVIDE ITS
3 DATA TO THE OTHER AGENCIES IN ELECTRONIC FORM AND IN A SOFTWARE
4 FORMAT AND FILE STRUCTURE FORMAT AGREED TO BY THE AGENCIES.
5 THEREAFTER, NO AGENCY SHALL ALTER THE SOFTWARE FORMAT OR FILE
6 STRUCTURE FORMAT OF THE DATA IT PROVIDES TO THE OTHER AGENCIES
7 PURSUANT TO THIS ARTICLE WITHOUT THE PRIOR WRITTEN NOTIFICATION
8 AND APPROVAL OF THE REMAINING AGENCIES. EACH AGENCY SHALL
9 UPDATE ITS DATA AS APPROPRIATE TO MAINTAIN FISCAL INFORMATION
10 THAT IS AS CURRENT AS IS PRACTICABLE. HISTORICAL DATA TO BE USED
11 FOR TIME SERIES ANALYSIS MAY BE REBENCHMARKED OR CORRECTED TO
12 KEEP THE DATA CONSISTENT WITH DATA OTHERWISE USED BY THE AGENCY;
13 HOWEVER, THE OTHER AGENCIES SHALL BE NOTIFIED WHEN
14 REBENCHMARKED OR CORRECTED DATA IS PROVIDED. THE DATA TO BE
15 PROVIDED AND MAINTAINED BY EACH AGENCY PURSUANT TO THIS ARTICLE
16 SHALL BE AGREED TO IN WRITING BY THE AGENCIES. SUCH AGREEMENT
17 MAY BE MODIFIED IN WRITING FROM TIME TO TIME BY THE AGENCIES.
18 24-73-104. Procedure for requesting data, data development,
19 and fiscal analysis. (1) ANY AGENCY OR OTHER STATE OR LOCAL
20 GOVERNMENT ENTITY MAY REQUEST DATA, DATA DEVELOPMENT, OR
21 FISCAL ANALYSIS TO BE SUPPLIED PURSUANT TO THIS ARTICLE.
22 (2) REQUESTS FOR DATA SHALL BE ANSWERED BY THE AGENCY
23 THAT RECEIVES THE REQUEST.
24 (3) REQUESTS FOR DATA DEVELOPMENT OR FISCAL ANALYSIS
25 SHALL BE RECORDED BY THE AGENCY THAT RECEIVES THE REQUEST AND
26 SHALL BE PRESENTED TO THE STATE-LOCAL FORUM FOR PRIORITIZATION.
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1 SUCH REQUESTS SHALL BE MADE AS FOLLOWS:
2 (a) REQUESTS BY LOCAL GOVERNMENTS OTHER THAN SCHOOL
3 DISTRICTS SHALL BE MADE TO THE DEPARTMENT OF LOCAL AFFAIRS.
4 (b) REQUESTS BY SCHOOL DISTRICTS SHALL BE MADE TO THE
5 COLORADO DEPARTMENT OF EDUCATION.
6 (c) REQUESTS BY STATE GOVERNMENT ENTITIES IN THE EXECUTIVE
7 AND JUDICIAL BRANCHES OF THE STATE GOVERNMENT SHALL BE MADE TO
8 THE OFFICE OF STATE PLANNING AND BUDGETING.
9 (d) REQUESTS BY MEMBERS OF THE GENERAL ASSEMBLY SHALL BE
10 MADE TO THE LEGISLATIVE COUNCIL STAFF.
11 (4) THE PROCEDURES SPECIFIED IN THIS ARTICLE APPLY ONLY TO
12 THOSE REQUESTS FOR DATA, DATA DEVELOPMENT, AND FISCAL ANALYSIS
13 THAT ARE BEYOND THE CAPABILITIES OF A SINGLE AGENCY WITHIN THE
14 NORMAL COURSE OF BUSINESS.
15 (5) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO MODIFY OR
16 INTERFERE WITH THE PROCEDURES FOLLOWED BY ANY AGENCY TO
17 RESPOND TO ROUTINE REQUESTS FOR DATA, DATA DEVELOPMENT, AND
18 FISCAL ANALYSIS WITHIN THE AGENCY'S NORMAL COURSE OF BUSINESS.
19 24-73-105. Prioritization of requests. (1) THE STATE-LOCAL
20 FORUM SHALL CONSIDER REQUESTS FOR DATA DEVELOPMENT AND FISCAL
21 ANALYSIS MADE BY STATE AND LOCAL GOVERNMENT OFFICIALS. IN
22 CONSIDERING SUCH REQUESTS, THE STATE-LOCAL FORUM SHALL:
23 (a) PRIORITIZE THE REQUESTS;
24 (b) DETERMINE WHICH REQUESTS CAN BE COMPLETED;
25 (c) ESTABLISH TENTATIVE TIMELINES IN CONSULTATION WITH THE
26 OTHER AGENCIES FOR REQUESTS TO BE COMPLETED; AND
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1 (d) INDICATE TO EACH REQUESTOR THE STATUS OF THE REQUEST.
2 (2) IN PRIORITIZING REQUESTS FOR DATA DEVELOPMENT OR FISCAL
3 ANALYSIS, THE STATE-LOCAL FORUM SHALL GIVE SPECIAL ATTENTION TO
4 THE FOLLOWING CRITERIA:
5 (a) WHETHER THE REQUEST IS A MATTER OF STATEWIDE CONCERN;
6 (b) WHETHER THE REQUEST AFFECTS MORE THAN A SINGLE LEVEL
7 OF GOVERNMENT;
8 (c) WHETHER THE REQUEST AFFECTS MORE THAN A SINGLE REGION
9 OF THE STATE;
10 (d) THE EXTENT TO WHICH THE REQUEST IS NECESSARY FOR PUBLIC
11 OFFICIALS TO CONSIDER CHANGES TO THE FISCAL SYSTEM OF STATE AND
12 LOCAL GOVERNMENT;
13 (e) THE EXTENT TO WHICH THE REQUEST IS MADE BY MORE THAN
14 A SINGLE PUBLIC OFFICIAL OR GOVERNMENT ENTITY;
15 (f) THE NATURE AND COMPLEXITY OF THE REQUEST AND THE
16 AMOUNT OF TIME AND RESOURCES REQUIRED TO RESPOND TO THE
17 REQUEST;
18 (g) THE EXTENT TO WHICH, IN THE JUDGMENT OF THE STATE-LOCAL
19 FORUM, THE REQUEST REPRESENTS AN IMPORTANT STATE AND LOCAL
20 FISCAL ISSUE; AND
21 (h) THE LONG-TERM IMPLICATIONS OF THE REQUEST.
22 (3) TIMELINES FOR REQUESTS FOR DATA DEVELOPMENT AND
23 FISCAL ANALYSIS TO BE COMPLETED SHALL BE ESTABLISHED BY THE
24 STATE-LOCAL FORUM. TIMELINES MAY BE MODIFIED BY THE STATE-LOCAL
25 FORUM DUE TO UNFORSEEN CIRCUMSTANCES. IN ESTABLISHING OR
26 MODIFYING TIMELINES FOR SUCH REQUESTS TO BE COMPLETED, THE
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1 STATE-LOCAL FORUM SHALL PAY SPECIAL ATTENTION TO THE FOLLOWING:
2 (a) THE WORKLOAD OF EACH AGENCY;
3 (b) SEASONAL FACTORS AFFECTING THE WORKLOAD OF EACH
4 AGENCY; AND
5 (c) THE RECOMMENDATIONS OF THE PROJECT TEAM CONCERNING
6 THE TIMELINES FOR COMPLETION OF THE PROJECT.
7 24-73-106. Interagency coordination. (1) THE STATE-LOCAL
8 FORUM SHALL NOTIFY THE DIRECTOR OF EACH AGENCY OF REQUESTS ON
9 THE PRIORITY LIST ESTABLISHED IN ACCORDANCE WITH THIS ARTICLE AND
10 ANY MODIFICATIONS TO THE LIST AS THEY ARE MADE. THE DIRECTOR OF
11 EACH AGENCY SHALL DESIGNATE ONE OR MORE STAFF FROM THE AGENCY
12 TO BE ASSIGNED TO A PROJECT TEAM CREATED IN CONNECTION WITH EACH
13 REQUEST.
14 (2) IF A REQUEST ORIGINATES FROM A LOCAL GOVERNMENT OTHER
15 THAN A SCHOOL DISTRICT, THE ASSIGNEE OF THE DEPARTMENT OF LOCAL
16 AFFAIRS SHALL BE RESPONSIBLE FOR CONVENING THE PROJECT TEAM. IF
17 THE REQUEST ORIGINATES FROM A SCHOOL DISTRICT, THE ASSIGNEE OF THE
18 DEPARTMENT OF EDUCATION SHALL BE RESPONSIBLE FOR CONVENING THE
19 PROJECT TEAM. IF THE REQUEST ORIGINATES FROM AN ENTITY IN THE
20 EXECUTIVE OR JUDICIAL BRANCHES OF STATE GOVERNMENT, THE ASSIGNEE
21 OF THE OFFICE OF STATE PLANNING AND BUDGETING SHALL BE
22 RESPONSIBLE FOR CONVENING THE PROJECT TEAM. IF THE REQUEST
23 ORIGINATES FROM A MEMBER OF THE GENERAL ASSEMBLY, THE ASSIGNEE
24 OF THE LEGISLATIVE COUNCIL STAFF OR THE JOINT BUDGET COMMITTEE
25 STAFF, AS APPROPRIATE, SHALL BE RESPONSIBLE FOR CONVENING THE
26 PROJECT TEAM. IN THE EVENT THAT THE REQUEST ORIGINATES FROM MORE
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1 THAN ONE LEVEL OR ENTITY OF GOVERNMENT, THE DIRECTORS OF THE
2 AGENCIES SHALL MEET AND DETERMINE THE AGENCY RESPONSIBLE FOR
3 CONVENING THE PROJECT TEAM.
4 (3) THE ASSIGNEE RESPONSIBLE FOR CONVENING THE PROJECT
5 TEAM FOR EACH REQUEST SHALL ALSO BE RESPONSIBLE FOR THE
6 FOLLOWING:
7 (a) CONDUCTING THE MEETINGS OF THE TEAM;
8 (b) DEVELOPING A CONSENSUS OF THE TEAM ON PROJECT
9 ASSIGNMENTS AND DUE DATES FOR TASKS TO BE PERFORMED;
10 (c) KEEPING THE STATE-LOCAL FORUM INFORMED AS TO THE
11 PROGRESS OF THE PROJECT; AND
12 (d) CREATING AND PRESENTING THE FINAL PRODUCT OF THE
13 PROJECT TEAM TO THE STATE-LOCAL FORUM AND TO THE REQUESTING
14 ENTITY.
15 24-73-107. Provision of data bases to nongovernment entities.
16 THE DIRECTORS OF THE AGENCIES SHALL MEET AND DEVELOP A
17 RECOMMENDED POLICY FOR THE PROVISION OF THE DATA BASES COMPILED
18 PURSUANT TO THIS ARTICLE UPON REQUEST TO NONGOVERNMENT ENTITIES.
19 THE POLICY SHALL DELINEATE THE PROCEDURES TO BE FOLLOWED BY
20 NONGOVERNMENT ENTITIES FOR REQUESTING THE DATA BASES, THE FEES
21 TO BE CHARGED FOR THE DATA BASES, AND THE NATURE AND CONTENTS OF
22 AGREEMENTS BETWEEN THE STATE AND NONGOVERNMENT ENTITIES
23 GOVERNING THE PROVISION OF THE DATA AND SUBSEQUENT UPDATES TO
24 THE DATA. THE RECOMMENDATIONS OF THE AGENCY DIRECTORS SHALL BE
25 PRESENTED TO THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL
26 AND THE GOVERNOR FOR REVIEW AND APPROVAL. THE POLICY SHALL NOT
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1 TAKE EFFECT UNTIL APPROVED BY THE EXECUTIVE COMMITTEE OF
2 LEGISLATIVE COUNCIL AND THE GOVERNOR.
3 SECTION 2. Safety clause. The general assembly hereby finds,
4 determines, and declares that this act is necessary for the immediate
5 preservation of the public peace, health, and safety.