1999

SENATE BILL 99­183

BY SENATORS Lacy, Owen, and Tanner;

also REPRESENTATIVES Tool, Berry, and Saliman.

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 336, Session Laws of Colorado 1998, is amended to read:

Section 2. Appropriation.


PART X

DEPARTMENT OF LAW















(1) ADMINISTRATION













Personal Services
1,750,854


283,077





1,467,777
(T)a



1,760,854


254,850





1,506,004
(T)a



(37.7 FTE)












Health, Life, and Dental
663,417


225,176



30,793
b
393,501
(T)c
13,947


681,105








411,189
(T)c


Short­term Disability
35,472


11,111



1,633
b
21,730
(T)c
998


35,675








21,933
(T)c


Salary Survey and Anniversary Increases
1,088,890


353,127



54,144
b
639,188
(T)c
42,431

Worker=s Compensation
43,200


14,391



2,685
b
24,995
(T)c
1,129

Operating Expenses
220,939


220,939









Purchase of Services from Computer Center
43,573


43,573









Payment to Risk Management and Property Funds
49,400


49,400










48,600


48,600









Vehicle Lease Payments
57,840


21,549





30,936
(T)c
5,355

ADP Capital Outlay
410,000


201,230



40,870
b
167,900
(T)c


Year 2000 Projects64
32,400


32,400









Capitol Complex Leased Space
627,740


209,028



31,133
b
372,106
(T)c
15,473


556,024


185,148



27,577
b
329,594
(T)c
13,705

Attorney General Discretionary Fund
5,000


5,000
d










5,028,725













4,984,100

























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 24­75­201.1, C.R.S.















(2) GENERAL ENFORCEMENT AND APPELLATE SECTIONS121, 121a









Personal Services
2,696,816


2,696,816










(46.0 FTE)












Appellate Contract Purchases
132,104


132,104










317,864


317,864









Operating Expenses
139,143


139,143









Litigation Expenses
32,043


32,043









Consultant Expenses
200,000


200,000









Consumer Protection Recovery Fund
50,000








50,000
a


Capital Crimes Prosecution Unit122, 123
343,478


343,478










(5.0 FTE)












Victim's Assistance
53,058








53,058
(T)b



(1.0 FTE)














3,646,642













3,832,402

























a This amount shall be from court­awarded settlements.

b This amount shall be from the Department of Public Safety, Division of Criminal Justice, Victim=s Assistance and Law Enforcement Fund.















(3) LEGAL SERVICES TO STATE AGENCIES124, 125











Personal Services
10,471,230













10,580,983













(175.0 FTE)













(177.5 FTE)












Operating Expenses
484,385













510,154












Litigation Expenses
120,268













129,115












Indirect Cost Assessment
1,192,057













1,230,284














12,267,940





116,790
a
12,151,150
(T)b




12,450,536







12,333,746
(T)b
















a Of this amount, $21,184 shall be from the Public Employees' Retirement Association, $32,658(T) shall be from the Department of Revenue, State Lottery Division, $15,327(T) shall be from the Department of Corrections, Correctional Industries Subprogram, $25,914(T) shall be from the Department of Higher Education, Colorado Student Loan Program, $5,353(T) shall be from the Department of Human Services, Nursing Homes, and $16,354(T) shall be from Auraria Higher Education Center Enterprises.

b This amount shall be from various sources of funds appropriated for legal services to state agencies.















(4) SPECIAL PURPOSE













Collection Agency Board121
135,988






135,988
a












(2.5 FTE)





Uniform Consumer Credit Code
436,501






436,501
b












(6.5 FTE)





Medicaid Fraud Grant126
795,304


196,826
(M)




2,000
c
596,478


(11.0 FTE)












Office of Consumer Counsel
270,494






270,494
d












(4.0 FTE)





District Attorneys' Salaries
1,314,834


1,314,834









Legal Services for Risk Management Division
1,249,629








1,249,629
(T)e












(19.0 FTE)



Comprehensive Environmental Response, Compensation and Liability Act
880,204


803,828





76,376
(T)f



(15.0 FTE)












Comprehensive Environmental Response, Compensation and Liability Act Contracts127
1,233,976


1,233,976









Workers' Compensation Fraud
142,202






142,202
g












(2.0 FTE)





Supreme Court Litigation
302,084


302,084









Police Officers Standards and Training Board Support
215,773


70,773



145,000
h





(4.0 FTE)












Litigation Management Fund128
300,000


300,000









Securities Fraud
253,700








253,700
(T)i












(3.5 FTE)



Insurance Fraud
154,000








154,000
(T)j












(2.5 FTE)



Tobacco Litigation
1,500,000


1,500,000










554,089


554,089









Indirect Cost Assessment
290,236






104,178
k
186,058
(T)l



275,720








171,542
(T)l




9,474,925













8,514,498

























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 court­awarded 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 This amount shall be from the Department of Regulatory Agencies, Division of Insurance Cash Fund.

k 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.

l Of this amount, $131,958 shall be from the Risk Management Fund, $24,308 shall be from the Department of Regulatory Agencies, Division of Securities, and $15,276 shall be from the Department of Regulatory Agencies, Division of Insurance.















TOTALS PART X













(LAW)4, 5

$30,418,232

$10,935,906
a


$1,512,411
b
$17,294,104
b
$675,811



$29,781,536

$10,122,848
a


$1,508,855
b
$17,475,790
b
$674,043















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 as set forth in Section 24­75­201.1, C.R.S.

b Of these amounts, $17,337,710 $17,519,396 contains a (T) notation.

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

4 (Governor lined through this provision. See L. 98, p. 2193.)

5 All 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. Each principal department of the state shall produce its rules and regulations in an electronic format that is suitable for public access through electronic means. Such rules and regulations in such format shall be submitted to the Office of Legislative Legal Services for publishing on the Internet. It is the intent of the General Assembly that this be done within existing resources.

64 Department of Human Services, Office of Information Technology Services, Year 2000 Projects; Department of Law, Administration, Year 2000 Projects; Department of Public Health and Environment, Information Technology Services, Year 2000 Projects; and Department of Revenue, Information Technology Division, Year 2000 Projects ­­ 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.

121 Department of Law, General Enforcement and Appellate Sections; and Special Purpose, Collection Agency Board ­­ The General Assembly anticipates that, as a result of funds in FY 1995­96 for an automated phone system or answering service, the Consumer Protection Unit of the General Enforcement and Appellate Section 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 complaints resolved and enforcement actions.

121a Department of Law, General Enforcement and Appellate Sections ­­ It is the intent of the General Assembly that in FY 1998­99, the Department of Law be authorized to use up to $750,000 in custodial funds from the Consumer Protection and Antitrust Custodial Funds, designated by a Court for future consumer protection and antitrust enforcement purposes, to fund the State Tobacco Litigation.

122 Department 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, 1998, on both the dollars and the FTE utilized by the district attorneys in prosecuting death penalty cases in FY 1997­98. In addition, the Department is requested to report no later than October 15, 1998, on the dollars and FTE utilized within the Department in assisting district attorneys in such death penalty cases in FY 1997­98.

123 Department of Law, General Enforcement and Appellate Sections, Capital Crimes Prosecution Unit ­­ The Department is requested to report to the Joint Budget Committee, no later than October 15, 1998, on the allocation of Unit resources in FY 1997­98. The report should itemize the number of hours and dollars dedicated to all aspects of the Unit's work, including: researching and drafting, case investigation, and appearances in court.

124 Department 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 $51.40 per hour for attorneys and $39.55 per hour for paralegal, for an average rate of $49.11.

125 Department 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.

126 Department of Law, Special Purpose, Medicaid Fraud Grant ­­ It is the intent of the General Assembly that all efforts be made to eliminate fraud and abuse occurring within the Colorado Medicaid program. To this end, the General Assembly requests that the Department of Law's Medicaid Fraud Control Unit produce a progress report on the Department's efforts to reduce Medicaid fraud and abuse in Colorado. The report should include: (1) estimates on the total amount of Medicaid fraud and abuse in Colorado; (2) an itemized list of total fines, costs, and restitutions recovered, on a case­by­case basis, attributable to the Medicaid Fraud Control Unit's efforts; (3) an analysis of the time and cost associated with each Medicaid fraud or abuse case prosecuted by the Medicaid Fraud Control Unit; (4) a detailed explanation of the Medicaid Fraud Control Unit's participation in the Operation Restore Trust program; (5) a detailed explanation of the Medicaid Fraud Control Unit's participation in global or national Medicaid fraud settlements, including total awards received due to them; and (6) evidence of the effectiveness of the Medicaid Fraud Control Unit in reducing the amount of Medicaid fraud and abuse in Colorado. The Medicaid Fraud Control Unit is requested to submit the report to the Joint Budget Committee by November 1, 1998.

127 Department of Law, Special Purpose, Comprehensive Environmental Response, Compensation 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 case­by­case 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.

128 Department of Law, Special Purpose, Litigation Management Fund ­­ It is the intent of the General Assembly to grant the Department additional management flexibility 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.

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.

____________________________ ____________________________

Ray Powers Russell George

PRESIDENT OF SPEAKER OF THE HOUSE

THE SENATE OF REPRESENTATIVES

____________________________ ____________________________

Patricia K. Dicks Judith M. Rodrigue

SECRETARY OF CHIEF CLERK OF THE HOUSE

THE SENATE OF REPRESENTATIVES

APPROVED________________________________________




_________________________________________

Bill Owens

GOVERNOR OF THE STATE OF COLORADO