Text of CO HB 1249 (2011)

First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0295.01 Nicole Myers HOUSE BILL 11-1249 House Committees Senate Committees Economic and Business Development A BILL FOR AN ACT CONCERNING MODIFICATIONS TO CERTAIN ADMINISTRATIVE 101 FUNCTIONS OF THE DEPARTMENT OF PERSONNEL. 102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill modifies various programs administered by the department of personnel (department) and makes changes to various administrative functions of the department as follows: Appraisal of property to be purchased by the state. Currently, any state department, institution, or agency that plans to enter into an HOUSE SPONSORSHIP Priola, SENATE SPONSORSHIP Tochtrop, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. agreement to purchase real property is required to get an independent appraisal for an estimate of the value of the property before entering into the agreement. The bill changes this requirement so that a state department, institution, or agency may enter into an agreement to purchase real property before getting an appraisal, so long as the agreement is contingent on an appraisal supporting the purchase price or value given by the state. Recovery audits. The state controller is required to contract for recovery audits to recoup overpayments by state agencies of state or federal tax dollars for the 2007-08 through 2009-10 fiscal years. The bill expands the recovery audits to include the authority to recoup overpayments of moneys from fees, fines, gifts, grants, donations, and other sources and requires the state controller to contract for recovery audits for the 2010-11 fiscal year and each fiscal year thereafter. In addition, the bill creates the recovery audit cash fund and specifies that the moneys recovered from the audits shall be credited to the fund and used to pay administrative costs and contract fees and to return the remaining overpayment amounts to the source from which the overpayment was originally made. State public financing issuance and post-issuance compliance. The state is responsible for certain compliance activities in connection with the issuance of tax exempt financing (issuance). The state controller has the primary responsibility to comply with state and federal compliance obligations, but the state attorney general, the state treasurer, and other state agencies are often involved in the issuance and post-issuance compliance. Currently, there is not a dedicated revenue source to fund the necessary state expenditures in connection with the compliance activities. The bill requires, to the extent allowed by federal law, that any new contract for an issuance shall assess a fee to be held by the trustee of the issuance and used to reimburse the state for costs incurred in performing or overseeing issuance and post-issuance compliance responsibilities. The bill creates the state public financing issuance and post-issuance compliance cash fund and specifies the circumstances under which the moneys held by the trustee shall be transferred to the fund and used to reimburse the state for its costs in performing or overseeing the issuance and post-issuance compliance responsibilities. The fund is exempt from the limitations on cash funds that are specified by law. Inventory of the state's capital assets. The department is required to maintain an inventory of all of the state's capital assets valued in excess of $100,000 and a separate inventory of computer equipment. The bill eliminates the requirement that the department maintain an inventory of computer equipment. State employee workers' compensation account. The state employee workers' compensation account (account) exists as a separate HB11-1249 -2- account in the risk management fund. Currently, the moneys in the risk management fund are continuously appropriated while the moneys in the account are subject to annual appropriation by the general assembly. The bill changes the annual appropriation of moneys in the account to a continuous appropriation for the purpose of paying claims from the account. Emergency services volunteers. A state employee who is certified as a disaster service volunteer of the American red cross is allowed a certain amount of paid leave for specialized disaster relief services. Currently, the leave is calculated based on a 12-month period. In addition, a state employee who is a qualified volunteer who is called into service by a volunteer organization is also allowed a certain amount of paid leave. Currently the leave for these volunteers is calculated based on a calendar year. The bill changes the calculation of leave for all such employees to the leave year established by the employer to be consistent with the leave provided to other emergency services volunteers. Annual compensation report. The state personnel director (director) is required to submit an annual compensation report and recommendations and estimated costs to the governor and the joint budget committee for state employee compensation for the next fiscal year. The department does not have all of the required data necessary to formulate a comprehensive recommendation by the current August 1 submission date. The bill changes the reporting date for the annual report and recommendations to September 15, when more data is available. Overtime pay for essential employees. Pursuant to current law, an employee who performs certain essential services earns overtime pay based on the combined work hours and paid leave hours that exceed the employee's maximum hour limit. The bill eliminates this practice so that only hours actually worked are included in the calculation of overtime for all state employees, regardless of the services they perform. Professional center development cash fund. The director is responsible for maintaining a training program for employees in the state personnel system and is authorized to establish fees necessary to pay the direct and indirect costs of the training program. Any fees collected in connection with the training program are credited to the professional development center cash fund. A portion of the moneys in the fund are reappropriated funds, because state agencies use moneys that have been previously appropriated to the agency to pay the department for the costs of conducting training programs. The fund also consists of cash funds. Currently, the moneys in the fund are subject to annual appropriation, and the bill changes the appropriation to a continuous appropriation. In addition, the bill specifies that the joint budget committee may require periodic reports regarding fund balances and expenditures from the director. Group benefit plans - definition of "dependent". The bill HB11-1249 -3- modifies the definition of "dependent" for purposes of the state employee group benefit plans. Specifically, the bill clarifies the circumstances under which a state employee may include his or her spouse, common law spouse, or child as a dependent. In addition, the bill clarifies that an employee may include his or her domestic partner as a dependent. The state employee group benefit plans currently allow a child to be a dependent of the employee for purposes of group benefit coverage until the child turns 25. The bill increases the age until which a child or person for whom the employee is the major source of financial support may be considered a dependent for these purposes to 26 to comply with the requirement of the recently enacted federal healthcare bill. The bill also makes a conforming amendment in connection with the change in the definition of "child". The bill specifies that if federal law no longer requires coverage of a child until the age of 26, the state's definition of dependent will return to a child until the child turns 25. Group benefit plans - state contribution for part-time employees. The director has the authority to adopt procedures to determine benefit eligibility requirements and the percentage of the state contribution to the health benefits premium for part-time state employees who are hired on or after January 1, 2005. The bill removes the January 1, 2005, date, and thereby authorizes the director to adopt procedures for benefit eligibility requirements and the percentage of the state contribution to the health benefits premium for all part-time state employees, regardless of the date their state employment began. State employees' ideas that improve state government operations. The state employee incentive program (incentive program) rewards state employees for innovative cost-saving ideas by allowing the employees to share the cost-savings resulting from the idea. Currently, the incentive program does not allow employees of the department of personnel to participate. The bill allows employees of the department to participate in the incentive program and specifies that any employee whose work assignment includes identifying efficiencies and cost reductions in government expenditures may not participate. In addition, the bill requires the executive directors to advertise the incentive program during orientation for new employees and to submit an annual report to the state auditor containing a summary of certain information regarding all submitted ideas for cost-saving measures. The bill specifies that idea applications that do not require legislation shall be implemented no later than 180 days following acceptance of the idea application. In addition, the bill addresses how savings from idea applications will be distributed to institutions of higher education that are not enterprises. The bill also repeals the state employee incentive program that was enacted prior to the enactment of the program regarding state employees' ideas that improve government operations. Fallen heroes memorial construction fund. The fallen heroes HB11-1249 -4- memorial commission (commission) was established to erect memorials to commemorate the lives of Coloradans who died during specific military conflicts. All general fund appropriations and gifts, grants, and donations for such purpose are credited to the fallen heroes memorial construction fund. Currently, the moneys in the fund are subject to annual appropriation. The bill changes the appropriation to a continuous appropriation to the commission to be used for the purposes of the commission. Electronic procurement program account in the supplier database cash fund. The department maintains a centralized database of businesses that are interested in providing goods and services to the state, and certain fees collected in connection with the database are deposited into the supplier database cash fund. In addition, the department maintains a statewide centralized electronic procurement system to create a more efficient delivery of state procurement services, and fees collected in connection with the procurement system are deposited into the electronic procurement program account, which was created within the supplier database cash fund. The bill eliminates the electronic procurement program account and requires that fees collected in connection with the electronic procurement system be deposited in the supplier database cash fund. Procurement card program. The procurement card (p-card) program provides a rebate to the state on purchases that governmental bodies make with a p-card. The state controller allocates the total amount of the rebates received to each governmental body that made p-card purchases in proportion to the governmental body's contribution to the statewide p-card expenditures. Such allocations are applied as a reduction in the governmental bodies' administrative costs owed to the department. Currently, institutions of higher education are allowed to forgo participation in the p-card program. The bill allows such institutions of higher education, as well as political subdivisions of the state, to choose to participate in the p-card program as an affiliate. An affiliate is subject to the state's master agreement but may negotiate additional contract terms. The bill also requires the bank that issues the p-card to pay any rebates attributable to the institution or political subdivision directly to the institution or political subdivision. In addition, the bill requires such institutions of higher education to pay their indirect costs through alternate methods. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. 24-30-202 (5) (b), Colorado Revised Statutes, is 2 amended to read: 3 HB11-1249 -5- 24-30-202. Procedures - vouchers and warrants - rules - 1 penalties. (5) (b) Before Any state department, institution, or agency 2 enters into any option CONTRACT or agreement to purchase any real 3 property or any interest therein that has a total purchase price of more 4 than one hundred thousand dollars SHALL CONTAIN A PROVISION MAKING 5 THE AGREEMENT CONTINGENT ON AN APPRAISAL SUPPORTING THE 6 PURCHASE PRICE OR VALUE GIVEN BY THE STATE. Such department, 7 institution, or agency shall contract with at least one but not more than 8 three independent appraisers for an estimate of the value of such property. 9 Such appraiser shall be qualified with respect to the subject matter of the 10 appraisal and shall be instructed to determine the fair market value of the 11 real property by using sound, fair, and recognized appraisal practices 12 which THAT are consistent with the laws of Colorado. One copy of each 13 such appraisal shall be attached to the option or contract for said purchase 14 prior to the controller's approving the option or contract. This paragraph 15 (b) shall not apply to the acquisition of property by the department of 16 transportation for the construction, maintenance, or supervision of the 17 public highways of this state, nor shall it apply to any additional 18 lease-purchase agreement entered into pursuant to the master lease 19 program authorized by part 7 of article 82 of this title. 20 SECTION 2. 24-30-203.5 (1) (a) (II), (1) (b) (I), (1) (b) (II), (3) 21 (a), (4) (b), and (6) (c), Colorado Revised Statutes, are amended, and the 22 said 24-30-203.5 is further amended BY THE ADDITION OF THE 23 FOLLOWING NEW SUBSECTIONS, to read: 24 24-30-203.5. Recovery audits - legislative declaration - 25 contracting - reporting - definitions - recovery audit cash fund. 26 (1) (a) The general assembly hereby finds and declares that: 27 HB11-1249 -6- (II) Overpayments waste tax dollars STATE AND FEDERAL MONEYS 1 and detract from the efficiency and effectiveness of state agency 2 operations by diverting resources from their intended uses; 3 (b) The general assembly further finds and declares that: 4 (I) Recovery audits are a nationally recognized best practice for 5 disbursements management and provide insight for improving operational 6 efficiency and internal controls in the disbursement of tax dollars STATE 7 AND FEDERAL MONEYS; 8 (II) In order to improve the economy and efficiency of state 9 agency operations, it is necessary, appropriate, and in the best interests of 10 the state to require the state controller to contract for recovery audits to 11 recoup overpayments by state agencies of state or federal tax dollars, 12 FEES, GIFTS, GRANTS, DONATIONS, AND OTHER STATE AND FEDERAL 13 MONEYS NOT SPECIFICALLY EXCLUDED BY LAW OR RULE; and 14 (3) (a) On or before July 1, 2011, the state controller shall contract 15 with one or more experienced consultants to conduct recovery audits for 16 the 2007-08, 2008-09, and 2009-10 fiscal years. ON OR BEFORE JULY 1, 17 2011, AND ON OR BEFORE JULY 1 OF EACH YEAR THEREAFTER, THE STATE 18 CONTROLLER SHALL CONTRACT WITH ONE OR MORE EXPERIENCED 19 CONSULTANTS TO CONDUCT RECOVERY AUDITS FOR THE FISCAL YEAR 20 ENDING ON THE JUNE 30 IMMEDIATELY PRECEDING THE JULY 1 21 CONTRACTING REQUIREMENT. 22 (4) (b) FOR RECOVERY AUDITS FOR THE 2007-08, 2008-09, AND 23 2009-10 FISCAL YEARS, the state controller shall provide the state auditor 24 and the legislative audit and joint budget committees with a report by 25 March 1, 2011, that details any exemptions from recovery audits proposed 26 to be allowed by the state controller. FOR THE 2010-11 FISCAL YEAR AND 27 HB11-1249 -7- ANY FISCAL YEAR THEREAFTER IN WHICH THE STATE CONTROLLER 1 PROPOSES TO CHANGE THE EXEMPTIONS FROM RECOVERY AUDITS, THE 2 STATE CONTROLLER SHALL PROVIDE A REPORT OF THE PROPOSED CHANGES 3 TO THE STATE AUDITOR AND THE LEGISLATIVE AUDIT AND JOINT BUDGET 4 COMMITTEES BY THE MARCH 1 THAT IMMEDIATELY PRECEDES THE 5 EXECUTION OF A RECOVERY AUDIT CONTRACT FOR THE APPLICABLE FISCAL 6 YEAR. The legislative audit and joint budget committees may veto any 7 exemption from recovery audits proposed by the state controller by 8 majority votes of the members of each of the committees taken before 9 May 1, 2011, AND TAKEN BEFORE MAY 1 OF EACH YEAR THEREAFTER IN 10 WHICH THE STATE CONTROLLER PROPOSES A CHANGE IN THE EXEMPTIONS 11 FROM RECOVERY AUDITS. 12 (6) (c) Not later than June 30, 2012, AND NOT LATER THAN JUNE 13 30 EACH YEAR THEREAFTER, the state controller shall issue a report to the 14 general assembly summarizing the contents of all reports received from 15 consultants that performed recovery audits contracted for pursuant to this 16 section. The report shall also be posted on the web site of the state 17 controller. 18 (8) ANY MONEYS COLLECTED FROM A RECOVERY AUDIT PURSUANT 19 TO THIS SECTION SHALL BE TRANSMITTED TO THE STATE TREASURER AND 20 CREDITED TO THE RECOVERY AUDIT CASH FUND, WHICH FUND IS HEREBY 21 CREATED IN THE STATE TREASURY. THE MONEYS IN THE FUND SHALL 22 CONSIST OF ANY MONEYS CREDITED TO THE FUND PURSUANT TO THIS 23 SUBSECTION (8) AND ANY MONEYS APPROPRIATED OR TRANSFERRED FROM 24 OTHER SOURCES BY THE GENERAL ASSEMBLY. THE DIRECT AND INDIRECT 25 COSTS OF CONDUCTING THE RECOVERY AUDITS SHALL BE ANNUALLY 26 APPROPRIATED. THE REMAINING MONEYS IN THE FUND SHALL BE 27 HB11-1249 -8- CONTINUOUSLY APPROPRIATED TO THE STATE CONTROLLER FOR THE 1 PURPOSES OF PAYING CONTINGENT CONTRACTOR FEES, STATE AGENCY 2 RECOVERY AUDIT COSTS, AND AMOUNTS DUE TO THE FEDERAL 3 GOVERNMENT FOR MONEYS COLLECTED FROM RECOVERY AUDITS. ALL 4 INTEREST EARNED FROM THE INVESTMENT OF THE MONEYS IN THE FUND 5 SHALL BE CREDITED TO THE FUND. AT THE COMPLETION OF EACH 6 RECOVERY AUDIT CYCLE FOR ONE OR MORE FISCAL YEARS, THE STATE 7 CONTROLLER SHALL TRANSFER ANY MONEYS REMAINING IN THE 8 RECOVERY AUDIT CASH FUND TO THE FUND FROM WHICH THE 9 OVERPAYMENT WAS ORIGINALLY MADE, AFTER ALL DIRECT AND INDIRECT 10 COSTS OF THE RECOVERY AUDIT HAVE BEEN PAID. 11 (9) THE STATE CONTROLLER IS RESPONSIBLE FOR MANAGING ALL 12 STATE AGENCY RECOVERY AUDITS. 13 SECTION 3. Part 2 of article 30 of title 24, Colorado Revised 14 Statutes, is amended BY THE ADDITION OF A NEW SECTION to 15 read: 16 24-30-209. State public financing issuance compliance - 17 post-issuance compliance - state public financing issuance and 18 post-issuance compliance cash fund. (1) (a) ON AND AFTER JULY 1, 19 2011, ANY STATE PUBLIC FINANCING ISSUANCE SHALL ASSESS A FEE 20 CONSISTING OF THE LESSER OF ONE HUNDRED THOUSAND DOLLARS OR FIVE 21 PERCENT OF THE PRINCIPAL PROCEEDS OF THE ISSUANCE TO THE EXTENT 22 ALLOWED PURSUANT TO THE FEDERAL "INTERNAL REVENUE CODE OF 23 1986", AS AMENDED. THE FEE ASSESSED PURSUANT TO THIS PARAGRAPH 24 (a) SHALL BE DEPOSITED INTO AN ADMINISTRATIVE EXPENSE ACCOUNT 25 HELD BY A TRUSTEE OF THE ISSUANCE AND SHALL BE USED PURSUANT TO 26 THE TERMS OF THE TRUST INDENTURE OR OTHER GOVERNING INSTRUMENT 27 HB11-1249 -9- FOR THE PURPOSES SPECIFIED IN PARAGRAPH (b) OF THIS SUBSECTION (1). 1 (b) THE FEE ASSESSED PURSUANT TO PARAGRAPH (a) OF THIS 2 SUBSECTION (1) SHALL BE USED TO REIMBURSE THE STATE CONTROLLER, 3 THE ATTORNEY GENERAL, OR ANY OTHER STATE ENTITY FOR VERIFIABLE 4 COSTS INCURRED IN PERFORMING OR OVERSEEING THE STATE'S ISSUANCE 5 COMPLIANCE AND POST-ISSUANCE COMPLIANCE RESPONSIBILITIES OVER 6 THE LIFE OF THE ISSUANCE, INCLUDING COMPLYING WITH OR MONITORING 7 COMPLIANCE WITH THE FEDERAL INTERNAL REVENUE CODE 8 REQUIREMENTS, MAKING PUBLIC DISCLOSURES REQUIRED PURSUANT TO 9 FEDERAL SECURITIES LAW OR ENSURING THAT SUCH DISCLOSURES ARE 10 MADE, AND PERFORMING OR COORDINATING STATE OBLIGATIONS IN 11 CONNECTION WITH THE ISSUANCE. 12 (2) AS PERMITTED BY THE TRUST INDENTURE OR OTHER 13 GOVERNING INSTRUMENT, THE STATE MAY FILE, ON A COST 14 REIMBURSEMENT BASIS, A CLAIM WITH THE TRUSTEE AGAINST THE 15 ADMINISTRATIVE EXPENSE ACCOUNT OF THE ISSUANCE PURSUANT TO 16 SUBSECTION (1) OF THIS SECTION. ANY COSTS INCURRED BY THE STATE 17 CONTROLLER, THE STATE ATTORNEY GENERAL, THE STATE TREASURER, OR 18 ANY OTHER STATE ENTITY IN CONNECTION WITH THE POST-ISSUANCE 19 COMPLIANCE OBLIGATIONS SHALL BE PAID BY THE APPLICABLE STATE 20 ENTITY. THE STATE ENTITY SHALL THEN PROVIDE THE STATE CONTROLLER 21 WITH APPROPRIATE DOCUMENTATION THAT THE EXPENSE WAS INCURRED 22 AND PAID, AND THE STATE CONTROLLER SHALL THEN PROVIDE THE 23 DOCUMENTATION TO THE APPLICABLE TRUSTEE FOR REIMBURSEMENT 24 FROM THE MONEYS IN THE ADMINISTRATIVE EXPENSE ACCOUNT. UPON 25 RECEIPT OF SUCH DOCUMENTATION THE TRUSTEE SHALL, WITH THE 26 ASSISTANCE OF THE STATE CONTROLLER, CAUSE THE APPROPRIATE 27 HB11-1249 -10- AMOUNT FOR THE REIMBURSEMENT TO BE DEPOSITED INTO THE STATE 1 PUBLIC FINANCING ISSUANCE AND POST-ISSUANCE COMPLIANCE CASH 2 FUND, CREATED IN SUBSECTION (3) OF THIS SECTION. 3 (3) THERE IS HEREBY CREATED IN THE STATE TREASURY THE STATE 4 PUBLIC FINANCING ISSUANCE AND POST-ISSUANCE COMPLIANCE CASH 5 FUND. THE FUND SHALL CONSIST OF MONEYS DEPOSITED INTO THE FUND 6 PURSUANT TO SUBSECTION (2) OF THIS SECTION AND SHALL BE USED ONLY 7 TO REIMBURSE THE COSTS INCURRED BY THE STATE CONTROLLER, THE 8 STATE ATTORNEY GENERAL, THE STATE TREASURER, OR ANY OTHER STATE 9 ENTITY IN PERFORMING OR OVERSEEING THE STATE'S ISSUANCE 10 COMPLIANCE AND POST-ISSUANCE COMPLIANCE RESPONSIBILITIES OVER 11 THE LIFE OF THE ISSUANCE, AS SPECIFIED IN SUBSECTION (1) OF THIS 12 SECTION. THE MONEYS IN THE FUND SHALL BE CONTINUOUSLY 13 APPROPRIATED TO THE STATE CONTROLLER TO BE USED FOR THE PURPOSES 14 SPECIFIED IN THIS SUBSECTION (3). ALL MONEYS NOT EXPENDED OR 15 ENCUMBERED AND ALL INTEREST EARNED ON THE DEPOSIT OR 16 INVESTMENT OF MONEYS IN THE FUND SHALL REMAIN IN THE FUND AND 17 SHALL NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND AT THE 18 END OF A FISCAL YEAR. IN ORDER TO COMPLY WITH FEDERAL INTERNAL 19 REVENUE CODE REQUIREMENTS, THE STATE CONTROLLER SHALL MAINTAIN 20 INDIVIDUAL ACCOUNTS WITHIN THE STATE PUBLIC FINANCING ISSUANCE 21 AND POST-ISSUANCE COMPLIANCE CASH FUND FOR EACH ISSUANCE. THE 22 ISSUANCE AND POST-ISSUANCE COMPLIANCE COSTS OF INDIVIDUAL 23 ISSUANCES SHALL BE PAID ONLY FROM THE RELATED ACCOUNT WITHIN THE 24 STATE PUBLIC FINANCING ISSUANCE AND POST-ISSUANCE COMPLIANCE 25 CASH FUND. 26 (4) THIS SECTION SHALL NOT APPLY TO INSTITUTIONS OF HIGHER 27 HB11-1249 -11- EDUCATION. 1 (5) NO MONEYS IN THE STATE PUBLIC FINANCING ISSUANCE AND 2 POST-ISSUANCE COMPLIANCE CASH FUND SHALL BE USED FOR ANY 3 PURPOSE OTHER THAN FOR ISSUANCE AND POST-ISSUANCE COMPLIANCE OF 4 THE STATE PUBLIC FINANCING FROM WHICH THE FUND'S REVENUES WERE 5 RECEIVED. 6 SECTION 4. 24-30-1303.5 (5), Colorado Revised Statutes, is 7 amended to read: 8 24-30-1303.5. Department to prepare and maintain inventory 9 of state property - vacant facilities. (5) In addition to obtaining and 10 maintaining a correct and current inventory of all real property, with 11 improvements thereon, the department shall also establish a separate 12 inventory of computer equipment and all other capital assets valued in 13 excess of one hundred thousand dollars, owned by or held in trust for the 14 state of Colorado or any state department, agency, or institution, including 15 state institutions of higher education. Such capital assets inventory shall 16 be maintained and kept current in the same manner as specified by 17 subsections (3) and (4) of this section for real property and improvements 18 thereon. 19 SECTION 5. 24-30-1510.7 (1) (a), Colorado Revised Statutes, is 20 amended to read: 21 24-30-1510.7. Workers' compensation for state employees. 22 (1) (a) (I) There is hereby created, as a separate account in the risk 23 management fund, the state employee workers' compensation account, 24 which THAT shall consist of all moneys which may be appropriated 25 thereto by the general assembly and which THAT may be otherwise made 26 available to it by the general assembly for the purpose of establishing a 27 HB11-1249 -12- workers' compensation self-insurance program for state employees or for 1 the procurement of commercial workers' compensation insurance 2 therefor, in accordance with subsection (2) of this section. As of May 24, 3 1990, the state controller shall also transfer any moneys appropriated to 4 pay workers' compensation premiums for the 1989-90 fiscal year to the 5 state employee workers' compensation account. Moneys "otherwise made 6 available" shall be deemed to include transfers of moneys to the account 7 authorized in the general appropriation act. All interest earned from the 8 investment of moneys in the state employee workers' compensation 9 account pursuant to this section shall be credited to the account and 10 become a part thereof. Moneys in the state employee workers' 11 compensation account shall be subject to annual appropriation by the 12 general assembly CONTINUOUSLY APPROPRIATED for purposes of this 13 section OTHER THAN THE DIRECT AND INDIRECT ADMINISTRATIVE COSTS 14 OF OPERATING THE RISK MANAGEMENT SYSTEM. THE GENERAL ASSEMBLY 15 SHALL MAKE ANNUAL APPROPRIATIONS FROM THE FUND FOR THE DIRECT 16 AND INDIRECT ADMINISTRATIVE COSTS OF OPERATING THE RISK 17 MANAGEMENT SYSTEM THAT ARE ATTRIBUTABLE TO THE OPERATION OF 18 THE STATE EMPLOYEE WORKERS' COMPENSATION ACCOUNT. ALL 19 UNEXPENDED AND UNENCUMBERED MONEYS IN THE ACCOUNT AT THE END 20 OF ANY FISCAL YEAR SHALL REMAIN IN THE ACCOUNT AND SHALL NOT BE 21 CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND. 22 (II) THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY 23 MAY REQUIRE PERIODIC REPORTS FROM THE DEPARTMENT OF PERSONNEL 24 REGARDING EXPENDITURES FROM THE STATE EMPLOYEE WORKERS' 25 COMPENSATION ACCOUNT, PROJECTED EXPENDITURES FROM THE 26 ACCOUNT, ACCOUNT BALANCES, AND OTHER INFORMATION DEEMED 27 HB11-1249 -13- NECESSARY BY THE COMMITTEE TO OVERSEE THE CONTINUOUS 1 APPROPRIATION OF THE MONEYS IN THE ACCOUNT. 2 SECTION 6. 24-30-2225 (1), Colorado Revised Statutes, is 3 amended to read: 4 24-32-2225. Qualified volunteers - leave of absence - public 5 employees. (1) Any qualified volunteer who is an officer or employee 6 of the state or of any political subdivision, municipal corporation, or other 7 public agency of the state and who is called into service by a volunteer 8 organization is entitled to a leave of absence from the qualified 9 volunteer's employment for the time when the qualified volunteer is 10 serving, without loss of pay, seniority, status, efficiency rating, vacation, 11 sick leave, or other benefits. The leave without loss of pay that is allowed 12 pursuant to this section shall not exceed a total of fifteen work days in any 13 calendar year LEAVE YEAR ESTABLISHED BY THE EMPLOYER; except that 14 such leave without loss of pay shall be allowed only if the required 15 volunteer service is satisfactorily performed, which shall be presumed 16 unless the contrary is established. 17 SECTION 7. 24-50-104 (4) (c) and (7) (d), Colorado Revised 18 Statutes, are amended to read: 19 24-50-104. Job evaluation and compensation. (4) Annual 20 compensation process. (c) By August 1, 2003, and by August 1 of each 21 year thereafter THROUGH AUGUST 1, 2010, AND BY SEPTEMBER 15, 2011, 22 AND BY SEPTEMBER 15 OF EACH YEAR THEREAFTER, the state personnel 23 director shall submit the annual compensation report and 24 recommendations and estimated costs for state employee compensation 25 for the next fiscal year, covering salaries, state contributions for group 26 benefit plans, and performance awards, to the governor and the joint 27 HB11-1249 -14- budget committee of the general assembly. The recommendations shall 1 reflect a consideration of the results of the annual compensation survey, 2 fiscal constraints, the ability to recruit and retain state employees, 3 appropriate adjustments with respect to state employee compensation, and 4 those costs resulting from implementation of section 24-50-110 (1) (a). 5 The recommendations for state contributions for group benefit plans shall 6 specify the annual group benefit plan year established pursuant to section 7 24-50-604 (1) (m). The annual compensation report shall include the 8 results of the surveys of public or private employers and jobs for 9 prevailing total compensation and the reasons for any deviation from 10 prevailing total compensation in the recommendations submitted to the 11 governor and the joint budget committee. The state personnel director 12 shall also publish such report. 13 (7) Leaves. (d) An employee certified as a disaster service 14 volunteer of the American red cross may be granted paid leave for 15 specialized disaster relief services. Such leave shall not exceed five days 16 for a local disaster or fifteen days for a national disaster in a 17 twelve-month period FISCAL YEAR. Such leave may not be accumulated. 18 During this period of leave, an employee shall not be deemed to be an 19 employee for purposes of the "Workers' Compensation Act of Colorado", 20 as provided in articles 40 to 47 of title 8, C.R.S. The leave authorized by 21 this paragraph (d) shall run concurrent with and shall not be in addition 22 to any paid leave of absence required by law for service by a member in 23 a Colorado civil air patrol mission as provided in section 28-1-104, 24 C.R.S., or for qualified volunteer service in a disaster as provided in 25 section 24-32-2225. 26 SECTION 8. 24-50-104.5 (1), Colorado Revised Statutes, is 27 HB11-1249 -15- amended to read: 1 24-50-104.5. Compliance with federal laws. (1) The state 2 personnel director shall establish the general criteria and processes 3 necessary for the state personnel system to fully comply with all 4 applicable federal employment laws. Holidays and periods of authorized 5 paid leave falling within a regularly scheduled workweek shall be counted 6 as work time in determining overtime for employees performing essential 7 law enforcement, highway maintenance, and other support services 8 directly necessary for the health, safety, and welfare of patients, residents, 9 and inmates of state institutions or state facilities. 10 SECTION 9. 24-50-122 (2), Colorado Revised Statutes, is 11 amended to read: 12 24-50-122. Opportunities for training - professional 13 development center cash fund - creation - rules. (2) (a) The executive 14 director of the department of STATE personnel DIRECTOR shall establish 15 any fees necessary to pay for the direct and indirect costs of the training 16 programs specified in subsection (1) of this section. All moneys collected 17 shall be transmitted to the state treasurer, who shall credit the same to the 18 professional development center cash fund, which fund is hereby created. 19 The moneys in the fund shall be subject to annual appropriation by the 20 general assembly CONTINUOUSLY APPROPRIATED for the PURPOSE OF 21 PAYING THE direct and indirect costs of establishing and maintaining the 22 training programs specified in subsection (1) of this section. All interest 23 derived from the deposit and investment of moneys in the fund shall be 24 credited to the fund. Any unexpended and unencumbered moneys 25 remaining in the fund at the end of a fiscal year shall remain in the fund 26 and shall not be credited or transferred to the general fund or any other 27 HB11-1249 -16- fund. 1 (b) THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY 2 MAY REQUIRE THE STATE PERSONNEL DIRECTOR TO SUBMIT PERIODIC 3 REPORTS OF EXPENDITURES FROM THE PROFESSIONAL DEVELOPMENT 4 CENTER CASH FUND, PROJECTED EXPENDITURES FROM THE FUND, FUND 5 BALANCES, AND OTHER INFORMATION NECESSARY TO MONITOR THE 6 MONEYS IN THE FUND. 7 SECTION 10. 24-50-603 (5) and (6.5), Colorado Revised 8 Statutes, are amended to read: 9 24-50-603. Definitions. As used in this part 6, unless the context 10 otherwise requires: 11 (5) "Dependent" means: 12 (a) An employee's CURRENT legal spouse WHO IS THE OPPOSITE 13 GENDER OF THE EMPLOYEE; 14 (b) AN EMPLOYEE'S DOMESTIC PARTNER, AS AUTHORIZED BY THE 15 DIRECTOR'S RULES ADOPTED IN ACCORDANCE WITH ARTICLE 4 OF THIS 16 TITLE, WHO HAS SUBMITTED DOCUMENTATION DEMONSTRATING THAT HE 17 OR SHE IS THE EMPLOYEE'S DOMESTIC PARTNER AS REQUIRED BY SUCH 18 RULES. THE DOMESTIC PARTNER MUST BE AN ADULT, AT LEAST EIGHTEEN 19 YEARS OF AGE: 20 (I) WHO IS OF THE SAME GENDER AS THE EMPLOYEE; 21 (II) WITH WHOM THE EMPLOYEE HAS SHARED AN EXCLUSIVE, 22 COMMITTED RELATIONSHIP FOR AT LEAST ONE YEAR WITH THE INTENT FOR 23 THE RELATIONSHIP TO LAST INDEFINITELY; 24 (III) WHO IS NOT RELATED TO THE EMPLOYEE BY BLOOD TO A 25 DEGREE THAT WOULD PROHIBIT MARRIAGE PURSUANT TO SECTION 26 14-2-110, C.R.S.; AND 27 HB11-1249 -17- (IV) WHO IS NOT MARRIED TO ANOTHER PERSON. 1 (c) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF 2 THIS PARAGRAPH (c), each unmarried child, including adopted children, 3 stepchildren, and foster children, through the end of the month in which 4 the child turns nineteen TWENTY-SIX years of age, for whom the employee 5 is the major source of financial support or for whom the employee is 6 directed by court order to provide coverage; each unmarried child 7 nineteen years of age, through the end of the month in which that child is 8 no longer a full-time student in an educational or vocational institution, 9 but no longer than through the end of the month in which the full-time 10 student turns twenty-four years of age, and for whom the employee is the 11 major source of financial support or for whom the employee is directed 12 by court order to provide coverage; or an unmarried child of any age WHO 13 IS: 14 (A) THE EMPLOYEE'S BIOLOGICAL CHILD; 15 (B) THE EMPLOYEE'S ADOPTED CHILD, OR A CHILD WHO HAS BEEN 16 LEGALLY PLACED FOR ADOPTION WITH THE EMPLOYEE; 17 (C) THE EMPLOYEE'S STEPCHILD, SO LONG AS THE EMPLOYEE AND 18 THE PARENT OF THE STEPCHILD ARE MARRIED OR IN A SAME-GENDER 19 DOMESTIC PARTNERSHIP AS DESCRIBED IN PARAGRAPH (b) OF THIS 20 SUBSECTION (5); 21 (D) A CHILD LEGALLY PLACED IN FOSTER CARE WITH THE 22 EMPLOYEE; OR 23 (E) A CHILD FOR WHOM THE EMPLOYEE, PURSUANT TO A COURT 24 ORDER, IS REQUIRED TO PROVIDE COVERAGE. 25 (II) IF FEDERAL LAW NO LONGER REQUIRES COVERAGE OF A CHILD 26 AS A DEPENDENT UNTIL THE CHILD TURNS TWENTY-SIX, THE PROVISIONS 27 HB11-1249 -18- OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (c) SHALL APPLY; EXCEPT THAT 1 THE PROVISIONS OF SAID SUBPARAGRAPH (I) SHALL ONLY APPLY TO EACH 2 UNMARRIED CHILD THROUGH THE END OF THE MONTH IN WHICH THE CHILD 3 TURNS TWENTY-FIVE YEARS OF AGE. 4 (d) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF 5 THIS PARAGRAPH (d), AN UNMARRIED PERSON THROUGH THE END OF THE 6 MONTH IN WHICH THE PERSON TURNS TWENTY-SIX YEARS OF AGE FOR 7 WHOM THE EMPLOYEE IS THE MAJOR SOURCE OF FINANCIAL SUPPORT. 8 (II) IF FEDERAL LAW NO LONGER REQUIRES COVERAGE OF AN 9 UNMARRIED PERSON FOR WHOM THE EMPLOYEE IS THE MAJOR SOURCE OF 10 FINANCIAL SUPPORT UNTIL THE PERSON TURNS TWENTY-SIX, THE 11 PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (d) SHALL APPLY; 12 EXCEPT THAT THE PROVISIONS OF SAID SUBPARAGRAPH (I) SHALL ONLY 13 APPLY TO SUCH UNMARRIED PERSON THROUGH THE END OF THE MONTH IN 14 WHICH THE PERSON TURNS TWENTY-FIVE YEARS OF AGE. 15 (e) A CHILD WHO IS TWENTY-SIX YEARS OF AGE OR OLDER who has 16 either a physical or mental disability, as defined by the carrier OR 17 THIRD-PARTY ADMINISTRATOR, not covered under other government 18 programs, and for whom the employee is the major source of financial 19 support or for whom the employee is directed by court order to provide 20 coverage; EXCEPT THAT, IF FEDERAL LAW NO LONGER REQUIRES 21 COVERAGE OF A CHILD AS A DEPENDENT UNTIL THE CHILD TURNS 22 TWENTY-SIX, THE PROVISIONS OF THIS SECTION SHALL APPLY IF THE CHILD 23 IS TWENTY-FOUR YEARS OF AGE OR OLDER. 24 (b) Any person authorized by the director to be a dependent in 25 response to statutory changes made to mandated coverage for group 26 benefits insurance pursuant to title 10, C.R.S.; 27 HB11-1249 -19- (c) An employee's domestic partner, as authorized by the director 1 by rule adopted in accordance with article 4 of this title, who has 2 submitted documentation demonstrating a domestic partnership with an 3 employee as required by such rules; 4 (d) Any additional dependents specified by the director by rule 5 adopted in accordance with article 4 of this title. 6 (6.5) "Domestic partner" means an adult, at least eighteen years 7 of age: 8 (a) Who is of the same gender as the employee; 9 (b) With whom the employee has shared an exclusive, committed 10 relationship for at least one year with the intent for the relationship to last 11 indefinitely; 12 (c) Who is not related to the employee by blood to a degree that 13 would prohibit marriage pursuant to section 14-2-110, C.R.S.; and 14 (d) Who is not married to another person. 15 SECTION 11. 24-50-604 (3), Colorado Revised Statutes, is 16 amended to read: 17 24-50-604. Powers and duties of the director. (3) The director 18 shall have the authority to adopt procedures RULES to determine benefit 19 eligibility requirements and the percentage of the state contribution to 20 health benefits for all employees, as defined in section 24-50-603 (7), 21 who work less than full time AND are governed by the rules established 22 pursuant to subsection (2) of this section. and are hired on or after January 23 1, 2005. SUCH RULES SHALL BE PROMULGATED IN ACCORDANCE WITH THE 24 "STATE ADMINISTRATIVE PROCEDURE ACT", ARTICLE 4 OF THIS TITLE. 25 The director shall include any proposed changes to the group benefits 26 policy in the annual compensation report and recommendations submitted 27 HB11-1249 -20- to the governor and the joint budget committee of the general assembly 1 pursuant to section 24-50-104 (4) (c). 2 SECTION 12. 24-50-608 (4), Colorado Revised Statutes, is 3 amended to read: 4 24-50-608. Dependents - eligibility - election of coverage. 5 (4) (a) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS 6 SUBSECTION (4), if a dependent is no longer eligible for coverage because 7 the dependent turned twenty-five TWENTY-SIX years old, the director shall 8 remove the dependent from the group benefit plan by the end of the 9 month in which the dependent turned twenty-five TWENTY-SIX years old. 10 If the director fails to remove the ineligible dependent, the employee and 11 the employee's department shall not be directly financially liable for the 12 premiums paid for the dependent coverage if no claims have been paid for 13 the ineligible dependent. If the director fails to remove the ineligible 14 dependent and a claim has been paid for the ineligible dependent, the 15 employee and the employee's department shall not be directly financially 16 liable for the paid claim. The costs for premiums and claims paid may be 17 paid from the group benefit plans reserve fund established in section 18 24-50-613. 19 (b) IF FEDERAL LAW NO LONGER REQUIRES COVERAGE OF A CHILD 20 AS A DEPENDENT UNTIL THE CHILD TURNS TWENTY-SIX YEARS OF AGE, THE 21 PROVISIONS OF THIS SUBSECTION (4) SHALL APPLY IF A DEPENDENT IS NO 22 LONGER ELIGIBLE FOR COVERAGE BECAUSE THE DEPENDENT TURNED 23 TWENTY-FIVE YEARS OLD. 24 SECTION 13. 24-50-609 (2) (b) (I), Colorado Revised Statutes, 25 is amended to read: 26 24-50-609. State contributions - supplemental state 27 HB11-1249 -21- contribution fund - creation. (2) (b) (I) The total premium for each 1 particular group benefit plan offered to state employees pursuant to this 2 part 6 and for each tier of said plan shall be the same for all eligible 3 employees. The amount of the state contribution for each tier shall be 4 determined by the director in accordance with section 24-50-104 (4) 5 SECTIONS 24-50-104 (4) AND 24-50-604 (3), and shall be the same for all 6 eligible employees within the state personnel system; except that, 7 beginning with the 2008-09 state fiscal year, the state contribution shall 8 be supplemented for eligible state employees, as defined in section 9 24-50-609.5 (2) (a), in accordance with section 24-50-609.5. For 10 purposes of this section, "tier" means the particular coverage options 11 offered to eligible employees, including, BUT NOT NECESSARILY LIMITED 12 TO, single employee, employee with one covered dependent, and 13 employee with two or more covered dependents. 14 SECTION 14. 24-50-902 (1) (b), Colorado Revised Statutes, is 15 amended to read: 16 24-50-902. Definitions. As used in this part 9, unless the context 17 otherwise requires: 18 (1) (b) "Employee" does not include: 19 (I) An employee of the office of state planning and budgeting, the 20 office of the state auditor, OR the joint budget committee; or the 21 department of personnel; 22 (II) An elected official or member of the general assembly; or 23 (III) The executive director, program manager, division director, 24 or budget officer of a principal department, the president of a college or 25 university, or a deputy of such director, officer, or president; OR 26 (IV) ANY OTHER EMPLOYEE WHOSE WORK ASSIGNMENT INCLUDES 27 HB11-1249 -22- IDENTIFYING EFFICIENCIES AND COST REDUCTIONS IN GOVERNMENT 1 EXPENDITURES. 2 SECTION 15. 24-50-903 (1) (c) (III) (C) and (2) and the 3 introductory portion to 24-50-903 (4) (d) (II), Colorado Revised Statutes, 4 are amended, and the said 24-50-903 (1) (c) is further amended BY THE 5 ADDITION OF A NEW SUBPARAGRAPH, to read: 6 24-50-903. State employee idea application. 7 (1) (c) (III) (C) The executive director shall respond with a decision 8 either approving or denying the employee's idea application within sixty 9 business days after the date of submission of the idea application. For 10 any idea application that is approved, the executive director, or his or her 11 designee, shall identify, to the extent possible, any state laws or rules that 12 would need to be changed as part of the review and approval process. 13 The executive director, or his or her designee, shall submit a request for 14 legislation to the committee of reference assigned to such executive 15 director's state agency regarding any approved idea application that 16 requires legislation for implementation. Idea applications that do not 17 require legislation for implementation shall be implemented by the state 18 agency as soon as reasonably possible, and no later than July 1 of the 19 fiscal year ONE HUNDRED EIGHTY DAYS following acceptance of the idea 20 application. 21 (VI) ON OR BEFORE JANUARY 31, 2012, AND ON OR BEFORE 22 JANUARY 31 EACH YEAR THEREAFTER, THE EXECUTIVE DIRECTOR OR THE 23 DIRECTOR'S DESIGNEE SHALL SUBMIT A REPORT TO THE STATE AUDITOR 24 THAT SUMMARIZES THE INFORMATION COLLECTED PURSUANT TO 25 SUBPARAGRAPH (V) OF THIS PARAGRAPH (c) FOR THE PREVIOUS CALENDAR 26 YEAR. 27 HB11-1249 -23- (2) Commencing on or after October 1, 2010, all state agencies 1 shall advertise that the idea application is available on the department of 2 personnel's web site on any type of electronic payroll statements issued 3 to employees and in any electronic broadcast communication made to 4 employees, so long as the advertisement for the idea application occurs 5 at least monthly. IN ADDITION, COMMENCING ON JULY 1, 2011, EACH 6 STATE AGENCY SHALL ADVERTISE THAT THE IDEA APPLICATION IS 7 AVAILABLE DURING ANY ORIENTATION FOR NEW EMPLOYEES. 8 (4) (d) (II) For a state agency that constitutes an enterprise for 9 purposes of section 20 of article X of the state constitution AND FOR AN 10 INSTITUTION OF HIGHER EDUCATION THAT IS NOT AN ENTERPRISE, the 11 savings realized as verified by the state auditor as specified in paragraph 12 (b) of this subsection (4) shall be distributed, no later than the last day of 13 the eighteenth month following the implementation of the innovative 14 idea, as follows: 15 SECTION 16. 24-75-402 (5), Colorado Revised Statutes, is 16 amended BY THE ADDITION OF A NEW PARAGRAPH to read: 17 24-75-402. Cash funds - limit on uncommitted reserves - 18 reduction in amount of fees - exclusions. (5) Notwithstanding any 19 provision of this section to the contrary, the following cash funds are 20 excluded from the limitations specified in this section: 21 (aa) THE STATE PUBLIC FINANCING ISSUANCE AND POST-ISSUANCE 22 COMPLIANCE CASH FUND CREATED IN SECTION 24-30-209. 23 SECTION 17. The introductory portion to 24-80-1402 (3) (a), 24 Colorado Revised Statutes, is amended to read: 25 24-80-1402. Fallen heroes memorial commission - fund - 26 repeal. (3) (a) There is hereby created in the state treasury the fallen 27 HB11-1249 -24- heroes memorials construction fund, referred to in this section as the 1 "fund". THE MONEYS IN THE FUND SHALL BE CONTINUOUSLY 2 APPROPRIATED TO THE COMMISSION TO BE USED FOR THE PURPOSES OF 3 THIS PART 14. The fund shall consist of: 4 SECTION 18. 24-102-202.5 (2) (a) and (2.5), Colorado Revised 5 Statutes, are amended to read: 6 24-102-202.5. Supplier database - fees - cash fund - program 7 account. (2) (a) Each business that wishes to be included in the database 8 created pursuant to subsection (1) of this section shall pay a registration 9 fee as determined by the executive director. The executive director shall 10 set and collect such fees as are necessary to cover the direct and indirect 11 costs that are incurred in implementing the provisions of this section. The 12 revenue from such fees shall be transmitted to the state treasurer, who 13 shall credit the same to the supplier database cash fund, which fund is 14 hereby created. THE FUND SHALL ALSO CONSIST OF MONEYS 15 TRANSFERRED TO THE FUND PURSUANT TO SUBSECTION (2.5) OF THIS 16 SECTION. The general assembly shall make appropriations from such 17 fund as necessary to implement the provisions of this section. In 18 accordance with section 24-36-114, all interest derived from the deposit 19 and investment of this fund shall be credited to the general fund. 20 (2.5) The executive director shall develop and implement a 21 statewide centralized electronic procurement system to allow the 22 utilization of technology to create a more efficient delivery of state 23 procurement services. The executive director shall set and collect fees 24 from vendors with cooperative purchasing agreements and from local 25 public procurement units, as defined in section 24-110-101 (3), and that 26 are participating in the electronic procurement system, as necessary to 27 HB11-1249 -25- cover the direct and indirect costs of implementing and maintaining the 1 electronic procurement system. In addition, the executive director may 2 collect moneys from cooperative purchasing organizations for 3 procurement support. The revenue from the fees and any moneys 4 received from cooperative purchasing organizations shall be transmitted 5 to the state treasurer, who shall credit the same to the electronic 6 procurement program account, which is hereby created within the 7 supplier database cash fund created in paragraph (a) of subsection (2) of 8 this section. The moneys in the account shall be annually appropriated by 9 the general assembly for the purposes of implementing and maintaining 10 the electronic procurement system. All moneys not expended or 11 encumbered and all interest earned on the investment or deposit of the 12 moneys in the account shall remain in the account and shall not revert to 13 the general fund or any other fund at the end of any fiscal year. 14 SECTION 19. 24-102-207, Colorado Revised Statutes, is 15 amended BY THE ADDITION OF A NEW SUBSECTION to read: 16 24-102-207. Statewide procurement card agreement. (4) ANY 17 INSTITUTION OF HIGHER EDUCATION THAT HAS ELECTED TO BE EXCLUDED 18 FROM THE DEFINITION OF "GOVERNMENTAL BODY" PURSUANT TO SECTION 19 24-101-301 (10) (a) AND ANY POLITICAL SUBDIVISION OF THE STATE MAY 20 CHOOSE TO PARTICIPATE IN THE PROCUREMENT CARD PROGRAM AS AN 21 AFFILIATE. ANY REVENUES RESULTING FROM THE PROCUREMENT CARD 22 PROGRAM THAT ARE ATTRIBUTABLE TO SUCH INSTITUTION OR POLITICAL 23 SUBDIVISION SHALL BE PAID TO THE INSTITUTION OR POLITICAL 24 SUBDIVISION, AS APPLICABLE, DIRECTLY FROM THE BANK THAT ISSUES THE 25 PROCUREMENT CARD. STATE INSTITUTIONS OF HIGHER EDUCATION THAT 26 OPT TO PARTICIPATE IN THE PROCUREMENT CARD PROGRAM PURSUANT TO 27 HB11-1249 -26- THIS SUBSECTION (4) SHALL PAY ANY INDIRECT COST ASSESSMENTS, AS 1 DEFINED IN SECTION 24-75-112 (1) (f), THROUGH A SUPPLEMENTAL 2 TRANSFER FROM THE INSTITUTION'S APPROPRIATION OR FROM OTHER 3 SOURCES, AS APPLICABLE, OR THROUGH AN ALTERNATE METHOD 4 ESTABLISHED BY THE JOINT BUDGET COMMITTEE OF THE GENERAL 5 ASSEMBLY. 6 SECTION 20. Repeal. Part 8 of article 50 of title 24, Colorado 7 Revised Statutes, is repealed. 8 SECTION 21. Effective date. This act shall take effect July 1, 9 2011; except that this section and sections 2, 18, 19, and 22 of this act 10 shall take effect upon passage. 11 SECTION 22. Safety clause. The general assembly hereby finds, 12 determines, and declares that this act is necessary for the immediate 13 preservation of the public peace, health, and safety. 14 HB11-1249 -27-