S.B. 10-122: Abolishment of Capital Finance Corp
The nonprofit corporation organized to be a lessor in the master lease program of the state, which is the capital finance corporation, is abolished. The act specifies that a lessor in the master lease program can be any for-profit or nonprofit corporation, trust, or commercial bank as trustee.
The executive director of the department of personnel is authorized:
- To execute on behalf of the abolished nonprofit corporation any documents related to a lease-purchase agreement for which the abolished nonprofit corporation was the lessor; and
- To expend moneys of the abolished nonprofit corporation as is necessary to wind up the affairs of the nonprofit corporation.
The state treasurer is:
- Required to transfer to the general fund the remaining balance of any account containing moneys of the abolished nonprofit corporation upon receiving written notification from the director of the department of personnel that the affairs of the nonprofit corporation have been wound up; and
- Authorized to accept on behalf of the abolished nonprofit corporation any revenues to which the nonprofit corporation would otherwise be legally entitled and to credit such revenues to the general fund.
APPROVED by Governor March 31, 2010 EFFECTIVE August 11, 2010
View Bill: S.B. 10-122 PDF
S.B. 10-123: Secretary of State On-Line Publications
The act replaces references in the "State Administrative Procedure Act" to the print publication of the code of Colorado regulations and the Colorado register with similar references to the electronic version of these publications. In cases of conflict between the electronic and print versions of a document, the act gives precedence to the electronic version unless it is conclusively shown that the electronic version contains an error. In addition, the Colorado register is authorized to include public notices that are not related to rule-making as well as those that are related to rule-making.
APPROVED by Governor April 15, 2010 EFFECTIVE April 15, 2010
View Bill: S.B. 10-123 PDF
S.B. 10-143: Dept of State Cash Fund Refunds
The act authorizes the state controller to refund to the proper persons, upon the receipt of a voucher from the secretary of state, any moneys erroneously collected by the department of state prior to July 1, 2006. The secretary of state shall transfer the moneys to the unclaimed property trust fund if the moneys cannot be refunded because the warrant goes unclaimed for a year, the secretary cannot determine an address for the intended recipient, or the secretary determines that the amount of erroneously collected money is so small that attempting a refund would be cost-prohibitive.
APPROVED by Governor May 25, 2010 EFFECTIVE May 25, 2010
View Bill: S.B. 10-143 PDF
H.B. 10-1010: Expand Public Private Partnerships
Using the existing public-private initiative program for the department of transportation as a model, the act:
- Authorizes state agencies to enter into public-private initiative agreements with nonprofit entities; Specifies evaluative criteria to be used by and procedures to be followed by the agencies in considering, evaluating, providing public notice of, and accepting or rejecting unsolicited proposals for public-private initiatives; Requires an agency, before considering an unsolicited or comparable proposal for a public-private initiative, to adopt rules or other written policy guidelines that it determines to be necessary or appropriate, and requires such rules or guidelines to require both the nonprofit entity and the agency to disclose any individual or organizational conflicts of interest related to the public-private initiative and to document and properly manage any disclosures;
- At the time it submits its annual budget request, requires a principal department of state government to report to the joint budget committee of the general assembly specified information regarding any public-private initiative then in effect that the department or an agency within the department has entered into;
- Prohibits an organization banned from receiving federal funds, or any successor organization to such an organization, from being a party to a public-private initiative agreement; and
- Provides an incentive for an agency to enter into public-private initiatives by amending an existing statutory definition of "cost savings" in order to allow an agency to retain a portion of any cost savings realized from a personal services contract entered into pursuant to a public-private initiative agreement.
APPROVED by Governor April 15, 2010 EFFECTIVE August 11, 2010
View Bill: H.B. 10-1010 PDF
H.B. 10-1020: Legislative Department Contracts
Current law also treats the legislative department as equivalent to agencies of the executive branch of state government under statutes restricting the leasing of real and personal property for purposes of oversight of executive branch spending by the state controller.
The act provides that, except for certain types of contracts required under the state constitution to be approved by the governor or his or her designee, legislative department contracts shall be approved by the director of the office of legislative legal services or the director's designee. The act exempts the legislative department from the statutory provisions restricting the leasing of real and personal property for purposes of oversight of executive branch spending by the state controller. The act also reduces the general fund appropriation to the legislative department for legal services for the 2010-11 fiscal year by $1,131 and 15 hours. The act specifies that it applies to contracts of the legislative department entered into on or after April 15, 2010.
APPROVED by Governor April 15, 2010 EFFECTIVE April 15, 2010
View Bill: H.B. 10-1020 PDF
H.B. 10-1110: Supplemental Appropriations to State Auditor
The amount of re-appropriated funds appropriated to the state auditor for state fiscal year 2009-10 is increased by $130,000 so that the state auditor is authorized to expend funds to be received from various departments for audits conducted as required by the federal "American Recovery and Reinvestment Act of 2009.”
APPROVED by Governor March 15, 2010 EFFECTIVE March 15, 2010
View Bill: H.B. 10-1110 PDF
S.B. 09-99: State Procurement Supplier Databases
For purchasing agencies that access the centralized database of businesses interested in providing goods and services to the state, eliminates the reimbursement entitlement for expenses incurred in the use and maintenance of the database.
Directs the executive director of the department of personnel to develop and implement a centralized electronic procurement system (system) for state procurement services. Directs the executive director to set and collect fees to cover the direct and indirect costs of implementing and maintaining the system. Authorizes the executive director to collect moneys from cooperative purchasing organizations for procurement support.
Creates the electronic procurement program account within the supplier database cash fund. Specifies that revenues collected from the fees imposed to cover the costs of the system and any moneys received from cooperative purchasing organizations shall be credited to the account. Eliminates an obsolete provision regarding the transfer of moneys from the supplier database cash fund to the general fund.
Appropriates $63,384 and 1.0 FTE to the department of personnel for the implementation of this act.
APPROVED by Governor June 4, 2009 EFFECTIVE June 4, 2009
View Bill: S.B. 08-99 PDF
S.B. 09-228: Flexibility to Use State Revenues
Eliminates the 6% limit on the growth of total general fund appropriations (6% appropriations limit), and replaces it with a limit that is equal to 5% of Colorado personal income. If the 6% appropriations limit was used as a trigger for some other event, establishes a new trigger that is based on the amount actually appropriated from the general fund, or in the case of certain tax credits, that is 6% over the general fund appropriations from the prior year.
Beginning in the 2012-13 state fiscal year or a later state fiscal year, if a specified trigger is not met, increases the general fund reserve by 0.5% per year until the reserve is equal to 6.5% of the amount appropriated for expenditure from the general fund for the state fiscal year.
With respect to the general fund surplus, eliminates the automatic transfer to the highway users tax fund (HUTF) and capital construction fund and the discretionary transfer to the controlled maintenance trust fund. Eliminates the diversion of sales and use tax revenue to the sales and use tax holding fund.
For a 5-year period beginning in the 2012-13 state fiscal year or a later state fiscal year if a specified trigger is not met, requires a specified percentage of general fund revenues to be transferred to the HUTF and the capital construction fund; except that such transfers may be reduced or eliminated depending on the amount of state fiscal year spending that is constitutionally required to be refunded for the given state fiscal year.
Prior to January 1, 2016, requires the:
- Capital development committee to develop and make recommendations concerning new methods of financing the state's ongoing capital construction needs and controlled maintenance; and
- Transportation legislation review committee to develop and make recommendations concerning the financing of the completion of the strategic transportation projects identified by the department of transportation as the "seventh pot projects".
APPROVED by Governor June 3, 2009 EFFECTIVE July 1, 2009
View Bill: S.B. 09-228 PDF