First Regular Session
Sixty-second General Assembly
LLS NO. 99-0577.01 Kenneth Conahan SENATE BILL 99-215
STATE OF COLORADO
BY SENATORS Lacy, Owen, and Tanner;
also REPRESENTATIVES Tool, Berry, and Saliman.
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING THE PROVISION FOR PAYMENT OF THE EXPENSES OF THE
102 EXECUTIVE, LEGISLATIVE, AND JUDICIAL DEPARTMENTS OF THE
103 STATE OF COLORADO, AND OF ITS AGENCIES AND INSTITUTIONS, FOR
104 AND DURING THE FISCAL YEAR BEGINNING JULY 1, 1999, EXCEPT AS
105 OTHERWISE NOTED.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Provides for the payment of 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, 1999, except
as otherwise noted.
For explanatory purposes only, footnotes that have not appeared
in a previous long bill are indicated by an underlined footnote number.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Definitions - general provisions. As used in this
3 act, the following definitions and general provisions shall apply:
4 (1) (a) "Capital outlay" means:
5 (I) Equipment, furniture, motor vehicles, software, and other items
6 that have a useful life of one year or more and that cost less than fifty
7 thousand dollars;
[ ] 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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1 (II) Alterations and replacements, meaning major and extensive
2 repair, remodeling, or alteration of buildings, the replacement thereof, or
3 the replacement and renewal of the plumbing, wiring, electrical, fiber
4 optic, heating, and air conditioning systems therein, costing less than
5 fifteen thousand dollars;
6 (III) New structures, meaning the construction of entirely new
7 buildings where the cost will be less than fifteen thousand dollars,
8 including the value of materials and labor, either state-supplied or
9 supplied by contract;
10 (IV) Nonstructural improvements to land, meaning the grading,
11 leveling, drainage, irrigation, and landscaping thereof and the
12 construction of roadways, fences, ditches, and sanitary and storm sewers,
13 where the cost will be less than five thousand dollars.
14 (b) "Capital outlay" does not include those things defined as
15 capital construction by section 24-75-301, Colorado Revised Statutes.
16 (2) "Centralized appropriation" means the appropriation of funds
17 to a department's executive director's office or central administrative
18 program intended for subsequent allocation and expenditure at and among
19 a department's divisions, programs, agencies, or long bill groups in order
20 to reflect the amount of such resources actually used in each program or
21 division. Such centralized appropriations may include salary survey,
22 anniversary increases, shift differential, group health and life insurance,
23 capital outlay, ADP capital outlay, information technology asset
24 maintenance, legal services, purchase of services from computer center,
25 vehicle lease payments, leased space, lease purchase, payment to risk
26 management and property funds, short-term disability insurance, utilities,
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1 administrative law judge services, and centralized ADP. As provided in
2 subsection (10) of this section, capital outlay is included within the
3 appropriation for "operating expenses". Capital outlay may be
4 reallocated to divisions or programs within the department solely for
5 capital outlay expenditure.
6 (3) "FTE", except for certain positions in higher education, means
7 the budgetary equivalent of one position continuously filled full time for
8 the entire fiscal year, and the total FTE positions may comprise any
9 combination of part-time positions or full-time positions provided the
10 maximum FTE position limitation is not exceeded. "FTE", when applied
11 to higher education professional personnel and assistants in resident
12 instruction and professional personnel in organized research and activities
13 relating to instruction, means the equivalent of one position continuously
14 filled for a nine-month or ten-month academic year. The maximum
15 limitation on the number of FTE which shall be allowed for the fiscal
16 year to which this act pertains is indicated by a number in parentheses
17 following the appropriate line items or subtotals or under the figures in
18 the "appropriation from" columns where the maximums for FTE are
19 limited for each fund source. The FTE limitation so indicated is the
20 maximum number of FTE positions which may be established at any time
21 without additional legislative approval. Actions taken by the state
22 personnel board, the state department of personnel, and agency
23 management and budgetary constraints may result in the utilization of an
24 FTE level less than the specified maximum. When a full-time position
25 is created for less than one year, the department, agency, or institution
26 shall indicate the termination date of the position, and the total time
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1 period between the date designated for filling the position and termination
2 shall be counted and applied against the total FTE position limitation.
3 (4) "Health, life, and dental" means the state contribution to
4 employee health, life, and dental insurance pursuant to section 24-50-609,
5 Colorado Revised Statutes. No funds appropriated for health, life, and
6 dental shall be expended for any other purpose.
7 (5) "Indirect cost recoveries" means reimbursements made to an
8 agency of the state from federal funds, other nonstate funds, cash funds,
9 or cash funds exempt for the indirect expenses which have been incurred
10 by the state in operating such programs. These recoveries are made by
11 the departments using the approved indirect cost rate, as required by the
12 state fiscal rules.
13 (6) "Lease purchase" means the use and acquisition of equipment
14 under an agreement to purchase, pursuant to which payments are made
15 for a period of longer than one year and are subject to annual
16 appropriation. "Lease purchase" may also include payments made under
17 the agreement for the maintenance of the equipment. No funds shall be
18 expended for lease purchases except those specifically appropriated for
19 such purpose. The provisions of this subsection (6) shall not apply to the
20 board of regents of the university of Colorado; the state board of
21 agriculture; the board of trustees of the Colorado school of mines; the
22 board of trustees of the university of northern Colorado; the trustees of
23 the state colleges in Colorado; the state board for community colleges and
24 occupational education (except for administration and the division of
25 occupational education); the board for the Auraria higher education
26 center; the state historical society; the Colorado council on the arts; the
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1 Colorado advanced technology institute; the division of wildlife; the
2 water conservation board; the county departments of social services; the
3 Colorado financial reporting system project; and the low-income energy
4 assistance block grant.
5 (7) "Leased space" means the use and acquisition of office
6 facilities and office and parking space pursuant to a rental agreement. No
7 funds shall be expended for leased space except pursuant to a specific
8 appropriation for such purpose. The provisions of this subsection (7)
9 shall not apply to the board of regents of the university of Colorado; the
10 state board of agriculture; the board of trustees of the Colorado school of
11 mines; the board of trustees of the university of northern Colorado; the
12 trustees of the state colleges in Colorado; the state board for community
13 colleges and occupational education (except for administration and the
14 division of occupational education); the board for the Auraria higher
15 education center; the state historical society; the Colorado council on the
16 arts; the Colorado advanced technology institute; the division of wildlife;
17 the water conservation board; the county departments of social services;
18 the Colorado financial reporting system project; and the low-income
19 energy assistance block grant.
20 (8) "Legal services" means the purchase of legal services from the
21 department of law; however, up to ten percent of the amount appropriated
22 for legal services may instead be expended for operating expenses,
23 contractual services, and tuition for employee training. No funds shall be
24 expended for legal services except those specifically appropriated for
25 such purpose. The provision of this subsection (8) shall not apply to the
26 departments of education, higher education, transportation, and the risk
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1 management fund in the department of personnel.
2 (9) "Motor vehicle" means a motor truck designated three-quarters
3 of one ton or less, automobile, or other self-propelled vehicle costing less
4 than fifty thousand dollars.
5 (10) "Operating expenses" means:
6 (a) Supplies and materials, meaning items that by their nature are
7 consumable and that have a useful life of less than one year or that, after
8 usage, undergo an impairment of, or a material change in, physical
9 condition, including, but not limited to, books, periodicals, and
10 educational, laboratory, medical, data processing, custodial, postal,
11 office, photographic, and road maintenance supplies and materials;
12 (b) Current charges, meaning charges for items or services not
13 otherwise defined in this section for which a separate appropriation is not
14 made, including, but not limited to, charges for utilities, trash removal,
15 custodial services, telecommunications, data processing, advertising,
16 freight, rentals of equipment and property, storage, parking, minor repair
17 or maintenance, and printing and reproduction, and insurance premiums,
18 dues, subscriptions, casualty losses, commissions, royalties, interest, fees,
19 fines, reimbursements, and payments of prizes, awards, and judgments
20 other than to state employees as compensation; except that no funds
21 appropriated for operating expenses may be expended for vehicle lease
22 payments, leased space, or lease purchase unless otherwise authorized by
23 law;
24 (c) Capital outlay, as defined in subsection (1) of this section.
25 (d) The cost of travel by common carrier or by state-owned or
26 privately owned conveyance and the costs of meals and lodging incident
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1 to such travel.
2 (11) "Personal services" means:
3 (a) All salaries and wages, whether to full-time, part-time, or
4 temporary employees of the state, and also includes the state's
5 contribution to the public employees' retirement fund and the state's share
6 of federal Medicare tax paid for state employees. Payments for overtime
7 shall be in compliance with rules and procedures adopted by the state
8 personnel director.
9 (b) Professional services, meaning services requiring advanced
10 study in a specialized discipline that are rendered or performed by firms
11 or individuals for the state other than for employment compensation as an
12 employee of the state, including but not limited to accounting, consulting,
13 architectural, engineering, physician, nurse, specialized computer, and
14 construction management services. Payments for professional services
15 shall be in compliance with section 24-30-202 (2) and (3), Colorado
16 Revised Statutes.
17 (c) Temporary services, meaning clerical, administrative, and
18 casual labor rendered or performed by firms or individuals for the state
19 other than for employment compensation as an employee of the state.
20 Payments for temporary services shall be in compliance with section
21 24-30-202 (2) and (3), Colorado Revised Statutes.
22 (d) Tuition, meaning payments for graduate or undergraduate
23 courses taken by state employees at institutions of higher education.
24 (e) Payments for unemployment insurance as required by the
25 department of labor and employment.
26 (12) "Purchase of services from computer center" means the
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1 purchase of automated data processing services from the general
2 government computer center.
3 (13) "Short-term disability" means the state contribution for
4 employee short-term disability pursuant to section 24-50-603, Colorado
5 Revised Statutes. No funds appropriated for short-term disability shall
6 be expended for any other purpose.
7 (14) "Utilities" means water, sewer service, electricity, payments
8 to energy service companies, purchase of energy conservation equipment,
9 and all heating fuels.
10 (15) "Vehicle lease payments" means the annual payments to the
11 department of personnel for the cost of administration, repayment of a
12 loan from the state treasury, and lease-purchase payments for new and
13 replacement vehicles. No funds shall be expended for vehicle lease
14 payments except those specifically appropriated for such purposes. The
15 provisions of this subsection (15) shall not apply to the departments of
16 education, higher education, and transportation.
17 (16) Where no purpose is specified or where a special program is
18 specified, the appropriation shall be for contractual services, tuition, and
19 operating expenses and, only if the appropriation includes a specified
20 FTE limitation, for personal services other than contractual services.
21 (17) Expenditures of funds appropriated for the purchase of goods
22 and services shall be in accord with section 17-24-111, Colorado Revised
23 Statutes, which requires institutions, agencies, and departments to
24 purchase such goods and services as are produced by the division of
25 correctional industries from said division.
26 (18) When it is not feasible, due to the format of this act, to set
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1 forth fully in the line item description the purpose of an item of
2 appropriation or a condition or limitation on the item of appropriation, the
3 footnotes at the end of each section of this act refer to provisions which
4 set forth such purposes, conditions, or limitations, and such provisions are
5 therefore intended to be binding portions of the items of appropriation to
6 which they relate. In other cases, where clearly expressed, footnotes refer
7 to statements which are not intended by the general assembly to be
8 binding portions of appropriations but which are related to the indicated
9 item or items of appropriation. Such nonbinding statements include
10 explanations of the assumptions used in making appropriations, the
11 general assembly's intent with respect to future appropriations, and
12 requests on the part of the general assembly for particular administrative
13 action in connection with items of appropriation.
14 (19) For purposes of complying with the provisions of subsection
15 (5) of section 20 of article X in the state constitution, the balance of funds
16 in the controlled maintenance trust fund, created in section 24-75-302.5
17 (2), Colorado Revised Statutes, is hereby designated to constitute the state
18 emergency reserve for the 1999-2000 fiscal year.
19 SECTION 2. Appropriation. (1) The sums in this section
20 hereinafter specified, or so much thereof as may be necessary for the
21 purpose, are hereby appropriated out of any moneys in the general fund,
22 the indicated cash funds, and federal funds, for the payment of the
23 ordinary operating costs of the executive, legislative, and judicial
24 departments of the state, and of its agencies and institutions, for and
25 during the fiscal year beginning July 1, 1999, and:
26 (a) The figures in the column headed "item & subtotal" are the
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1 amounts made available by appropriation for expenditure within each line
2 item, except for the figure beneath the line, which is the subtotal of the
3 figures preceding. The figures in the "total" column are the amounts
4 made available by appropriation for expenditure by the department,
5 division, institution, or program to which the totals relate.
6 (b) The figures in the "general fund", "general fund exempt",
7 "cash funds", "cash funds exempt", and "federal funds" columns indicate
8 the source of funds for the amounts authorized in the expenditure
9 columns. The figures in the "general fund exempt" and "cash funds
10 exempt" columns are amounts not included in the term "fiscal year
11 spending" as such term is defined in section 20 (2) (e) of article X of the
12 state constitution.
13 (c) The figures in the "general fund" and "general fund exempt"
14 columns indicate the maximum amount that may be expended from the
15 general fund for the purposes shown.
16 (d) Where the letter "(M)" appears directly to the right of the
17 general fund or general fund exempt figure, that general fund or general
18 fund exempt appropriation, when combined with the related general fund
19 or general fund exempt transfers from the centralized appropriations to
20 the office of the executive director, is used to support a federally
21 supported program and is the maximum amount of general fund or
22 general fund exempt moneys that may be expended in that program,
23 except where otherwise provided. In the event that additional federal
24 funds are available for the program, the combined general fund or general
25 fund exempt amount noted as "(M)" shall be reduced by the amount of
26 federal funds earned or received in excess of the figure shown in the
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1 "federal funds" column for that program. In the event that the federal
2 funds earned or received are less than the amount shown in the "federal
3 funds" column, the combined general fund or general fund exempt
4 amount noted as "(M)" shall be reduced proportionately. Where general
5 fund or general fund exempt support is required as a condition for the
6 acceptance of federal funds and the state matching requirements are
7 reduced, the combined general fund or general fund exempt amount noted
8 as "(M)" shall be reduced proportionately. These provisions shall apply
9 only to the general fund or general fund exempt amount which remains
10 unexpended at the time of the change in federal requirements or funding.
11 It is intended that the general fund or general fund exempt amount and the
12 federal funds amount shall be expended in equally proportioned amounts
13 throughout the year.
14 (e) (I) The figures in the "cash funds" or "cash funds exempt"
15 columns, including the figures in any related lettered notes, indicate all
16 non-general fund and non-general fund exempt sources and all nondirect
17 federal fund sources and may be cash funds established by statute,
18 nonstatutory cash accounts, tuitions, overhead reimbursements, certain
19 fees, governmental and nongovernmental "third-party" payments,
20 payments for services, and interagency transfers. Such figures indicate
21 the maximum amount that may be expended from cash funds or the
22 specified cash fund sources for the purposes shown. The amount of each
23 cash funds or cash funds exempt appropriation is expressly declared to be
24 nonseverable from the agency, source, and purpose of such appropriation,
25 and such amount shall not be used for any other agency, source, or
26 purpose.
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1 (II) The provisions of this paragraph (e) shall not apply where this
2 act specifically provides otherwise or where a cash funds or cash funds
3 exempt amount is marked with an "(L)". The "(L)" designation refers to
4 the funds of local governments or to the funds of service organizations
5 from which the state purchases services, the amounts of which are not
6 appropriated in this act and the inclusion of which is informational only.
7 (III) Whenever a state agency receives cash funds or exempt cash
8 funds from a centralized appropriation made to the office of the executive
9 director of such agency's department and this act does not set forth such
10 funds as a duplicate appropriation to said receiving agency, the provisions
11 of this paragraph (e) shall not apply to the receipt of such funds.
12 (IV) Whenever the controller creates an account solely for the
13 purpose of establishing the obligation of a state agency to generate cash
14 funds or exempt cash funds for distribution to another state agency to
15 which such funds are appropriated by this act, the provisions of this
16 paragraph (e) shall not apply to the account created or to such
17 distribution.
18 (f) Where the letter "(H)" appears directly to the right of a cash
19 funds or cash funds exempt figure, that appropriation, when combined
20 with the related cash funds or cash funds exempt transfers from the
21 centralized appropriations to the office of the executive director, is used
22 to support a federally supported program and is the maximum amount of
23 cash funds or cash funds exempt moneys that may be expended in that
24 program, except where otherwise provided. In the event that additional
25 federal funds are available for the program, the combined cash funds or
26 cash funds exempt amount noted as "(H)" shall be reduced by the amount
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1 of federal funds earned or received in excess of the figure shown in the
2 "federal funds" column for that program. In the event that the federal
3 funds earned or received are less than the amount shown in the "federal
4 funds" column, the combined cash funds or cash funds exempt amount
5 noted as "(H)" shall be reduced proportionately. Where cash funds or
6 cash funds exempt support is required as a condition for the acceptance
7 of federal funds and the state matching requirements are reduced, the
8 combined cash funds or cash funds exempt amount noted as "(H)" shall
9 be reduced proportionately. These provisions shall apply only to the cash
10 funds or cash funds exempt amount which remains unexpended at the
11 time of the change in federal requirements or funding. It is intended that
12 the cash funds or cash funds exempt amount and the federal funds amount
13 shall be expended in equally proportioned amounts throughout the year.
14 (g) Where a "(T)" appears directly to the right of a cash funds or
15 cash funds exempt figure, that figure is a transfer of funds anticipated to
16 be made from one state agency to another and may be a combination of
17 various funding sources. A "(T)" is a duplicated appropriation, appearing
18 both in the distributing agency's appropriation where the funding details
19 are indicated and in the receiving agency's appropriation where the
20 amount transferred is categorized as a cash funds or cash funds exempt
21 receipt.
22 (h) (I) The figures in the "federal funds" column earned or
23 received under the following federal programs which are subject to a state
24 match or which are subject to transfer to other block grants shall be limits
25 on the amount of expenditures of such funds, and such funds shall be
26 expended in accordance with applicable state and federal statutes,
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1 including all provisions of this act:
2 Title XX Social Services Block Grant
3 Preventive Health Services Block Grant
4 Maternal and Child Health Block Grant
5 (II) The figures in the "federal funds" column earned or received
6 under the following federal programs shall be limits on the amount of
7 expenditures of such funds, and such funds shall be expended in
8 accordance with applicable state and federal statutes, including all
9 provisions of this act:
10 Child Care Development Funds
11 Temporary Assistance to Needy Families Block Grant
12 Welfare-to-Work Block Grant
13 (III) The figures in the "federal funds" column for all other
14 programs are anticipated federal funds, and, although these funds are not
15 appropriated in this act, they are noted for the purpose of indicating the
16 assumption used relative to those funds in developing the basic
17 appropriations amounts.
18 (i) The general assembly accepts no obligation directly or
19 indirectly for support or continuation of non-state-funded programs or
20 grants where no direct or indirect state contribution is required.
21 Furthermore, the general assembly accepts no obligation for costs
22 incurred by or claimed against nonappropriated federally funded
23 programs.
24 (j) No moneys appropriated by this act shall knowingly be paid to
25 any organization, business firm, person, agency, or club which places
26 restrictions on employment or membership based on sex, race, age,
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1 marital status, creed, color, religion, national origin, ancestry, or physical
2 handicap.
3 (k) Pursuant to section 24-30-202 (2), Colorado Revised Statutes,
4 the controller shall examine all state contracts entered into during the
5 fiscal year commencing July 1, 1999, to determine whether such contracts
6 are authorized by an appropriation within this act, and, pursuant to
7 section 24-30-202 (3), Colorado Revised Statutes, no agency shall incur
8 obligations by contract in excess of the amounts appropriated by this act.