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["CDOT-Policy Office Legislative Tracking Table 3 19 10"]
["Bill #","Short Title","Position","Sponsors","Bill Summary","Policy Impact","Fiscal Impact","Most Recent Status"]
["HB10-1003","State Personnel Bd Appeal Deadline ","Monitor ","MCNULTY / TOCHTROP ","Legislative Audit Committee. Extends from 90 to 120 days the deadline for the review of grievance petitions by the state personnel board. ","The bill is based off recommendations from the Office of the State Auditor performance audit of the Department of Personnel & Administration (DPA). The bill extends the State Personnel Board deadline to review and decide whether to grant a hearing in response to an employee grievance petition from 90 days to 120 days. Petitions filed with the board requiring an investigation for discrimination or for complaints by state personnel system employees are exempt from the 120-day review requirement. The board is responsible for promulgating rules related to certain aspects of the state personnel system and resolving employee disputes that cannot be resolved at the agency level. The board is required to conduct a hearing for all mandatory appeals, which involve disciplinary actions that affect an employee's base pay, classification status, or tenure. In discretionary or grievance appeals, the board may grant a hearing when it appears that an agency has violated the employee's rights under state law. ","No fiscal impact to CDOT. ","03/15/2010 Senate Third Reading Passed\n"]
["HB10-1007","County Clerk & Recorder Filing Fees ","Monitor ","JUDD / BROPHY ","Currently, a county clerk and recorder charges $5 per page to file certain documents, with an additional fee for documents that require multiple entries in the grantor or grantee index. The bill would modify these fees by charging $10 for the first page of a document and $5 for each additional page and eliminating the additional fee for documents that require multiple entries in the grantor or grantee index. ","CDOT only files deeds in the County for disposals. CDOT generally passes the recording fees on to the purchaser of the property. This bill will have a very small impact on the real estate area of Property Management. ","No fiscal impact to CDOT. CDOT generally only files deeds in the County for disposals. CDOT generally passes the recording fees on to the purchaser of the property. This bill will have an extraordinarily small impact on the real estate area of Property Management. ","03/15/2010 Senate Third Reading Passed\n"]
["HB10-1010","Expand Public-private Initiatives ","Monitor ","FERRANDINO / MORSE ","Long-term Fiscal Stability Commission. Using the existing public-private initiative program for the department of transportation as a model, section 1 of the bill: \n* Authorizes state agencies to enter into public-private initiative agreements with nonprofit entities; and \n* Specifies evaluative criteria to be used by and procedures to be followed by the agencies in considering, evaluating, and accepting or rejecting unsolicited proposals for public-private initiatives. Section 2 of the bill 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. ","The new proposed language of this bill would allow the state agencies to keep their savings under all conditions because of the word \"shall\" on line 25 on page 7. If the bill were to change \"shall\" to MAY and require the state agencies to do just as CDOT does for bid savings on construction projects to develop a proposal, provide justification and seek approval from management or an independent authority to keep the bid savings. ","Re-engrossed bill has no fiscal impact to CDOT. ","03/19/2010 Senate Second Reading Passed with Amendments\n"]
["HB10-1012","Limit Surveillance Workers' Comp Claims ","Monitor ","PACE / CARROLL M. ","Interim Committee to Study Issues Related to Pinnacol Assurance. Section 1 of the bill: \n* Prohibits an insurer or employer from conducting surveillance of an employee who has submitted a workers' compensation claim unless the insurer or employer has a reasonable basis to suspect that the employee has committed fraud or made a material misstatement concerning the claim; \n* Allows the employee to request an expedited hearing before a prehearing administrative law judge; \n* Requires the insurer or employer to provide all materials collected during the surveillance to the injured worker and to destroy all materials collected during the surveillance unless the materials are reasonably necessary to resolve an ongoing claim of fraud; \n* Requires persons conducting surveillance to answer the employee's questions truthfully; and \n* Creates a $1,000-per-day penalty for violations. Section 2 of the bill: \n* Directs the prehearing administrative law judge to issue an injunction against the surveillance unless the insurer or employer shows that it has a reasonable basis to suspect that the employee has committed fraud or made a material misstatement concerning the claim; and \n* Allows the identity of a witness or whistleblower who provides evidence in good faith to be withheld or limited to an in camera review. ","The proposed bill would limit the circumstances under which an employer can request surveillance, would impose fines for violations of the statute increasing costs to the claim, increases costs in that it provides for a hearing and also absent an increase in resources at the Division of Workers Compensation, would also clog up the legal system with hearings. Pinnacol does oppose this bill as listed below. Additional costs would be incurred on a claim and the legal system will have additional work. This tool is used by our carrier on our workers compensation cases for claims management. • Bill does not address situations where surveillance is utilized as an investigatory tool to look into claims for reasons other than fraud. • Adds additional costs to the workers'' compensation system. • Could clog up the legal system. • Could slow down investigations, which often require a quick response. • Could constrain investigations allowing fraud to go undetected, which will eventually drive up premiums for all employers. ","No fiscal impact to CDOT. ","03/11/2010 Introduced In Senate - Assigned to Judiciary\n"]
["HB10-1014","Highway Work Zone Accident Reporting ","Monitor ","MCFADYEN / SPENCE ","Transportation Legislation Review Committee. The bill requires the department of transportation and the Colorado state patrol to annually present a joint report to the transportation and energy committee of the house of representatives and the transportation committee of the senate regarding fatal accidents occurring in state highway work areas. ","This bill does not have an impact on OTS. It would require OTS to use a minimal amount of funds for a statewide motorcycle safety program. The amount of funds to be used are not sufficient for for a statewide program. ","Revised bill has not changed the fiscal impact to CDOT. ","03/18/2010 Governor Action - Signed\n"]
["HB10-1018","Reduce Waste Tire Stockpile Risks ","Monitor ","LOOPER & ... / GIBBS ","Transportation Legislation Review Committee. Current law gives several departments authority over fees collected upon the sale of new motor vehicle tires to deal with waste tires. The bill consolidates all such authority in the department of public health and environment (department) and adds requirements for fire prevention planning, registration, decals, and manifests for certain waste tire haulers and waste tire facilities. Section 1 of the bill ends the transfer of waste tire fees to the innovative higher education research authority program effective July 1, 2014. Section 2 repeals the department of local affairs' administration of the waste tire cleanup fund. Sections 3 and 4 repeal the advanced technology fund and, effective July 1, 2011, end the transfer of waste tire fees to the recycling resources economic opportunity grant program. Section 5 repeals and reenacts, with amendments, the law that imposes the $1.50 waste tire fee, repeals the 3.33% vendors' fee, and allocates the fee as follows: \n* Until July 1, 2014, 30.33% to the processors and end users fund and 6.67% to the innovative higher education research fund; after July 1, 2014, 37% to the processors and end users fund; \n* 39.66% to the waste tire cleanup fund; \n* 6.67% to the waste tire fire prevention fund until July 1, 2011, after which the allocation is increased to 8%; \n* 16.67% to the recycling resources economic opportunity fund until July 1, 2011; \n* After July 1, 2011, 6.67% to the waste tire market development fund; and \n* After July 1, 2011, 8.67% to the law enforcement grant fund. Section 6 updates the law regarding the processors and end users fund. Section 7 recreates the waste tire cleanup fund, creates the waste tire fire prevention fund, and creates the waste tire market development fund. Sections 6 and 7 also increase the maximum reimbursements to processors and end users from $50 to $65 per ton of waste tires. Sections 8 and 9 update the law regarding waste tire haulers to require decals on hauling vehicles and the completion and retention of manifests. Section 9 also prohibits a person from hauling more than a quantity of waste tires in excess of a limit established by rule by the solid and hazardous waste commission (commission) unless the person is registered. Section 10 creates several new sections of law that: \n* Specify requirements for decals and manifests; \n* Require the registration of waste tire facilities; \n* Require, as a condition of maintaining their registration, that waste tire monofills submit to the department a waste tire inventory reduction plan and that certain waste tire facilities process 75% of the 3-year rolling annual average amount of waste tires accepted by that facility each year; \n* Impose requirements relating to financial responsibility for closure and reclamation of waste tire facilities; \n* Establish fees, give the commission general rule-making authority regarding waste tires, and identify enforcement authorities; \n* Create a waste tire advisory committee; and \n* Create a waste tire fund, used for the department's costs in administering the program. Section 11 directs the department of regulatory agencies to conduct a sunset review of the waste tire advisory committee prior to the committee's repeal on July 1, 2020. Section 12 conforms the definition of \"waste tire\" in the solid waste statute to that in the waste tire fee statute. Section 13 specifies that sales tax is not assessed when the waste tire fee is collected upon the sale of a new tire. ","This bill will add safety measures to protect the public as well as the environment for hauling, disposing, processing, etc. of waste tires. It will also provide better incentives that will, potentially, get more people into the waste tire recycling business. It will consolidate the authority to one agency rather than have multiple agencies involved. The only concern is the innovative higher education research authority program and the advanced technology fund will be repealed. These programs have provided useful funding to various entities wanting to do research dealing with waste tire uses. ","No fiscal impact to CDOT. ","03/19/2010 House Committee on Appropriations Refer Amended to House Committee of the Whole\n"]
["HB10-1038","Workers' Comp Claims Process Brochure ","Monitor ","MIKLOSI / CARROLL M. ","Interim Committee to Study Issues Related to Pinnacol Assurance. The bill requires the employer or the employer's insurance carrier to provide a brochure to a workers' compensation claimant, in a form approved by the director of the division of workers' compensation, that describes the entities the claimant may contact for information, the claimant's rights related to his or her medical treatment and rights to receive benefit payments, and the claims process. ","The department currently provides information to injured workers. This bill would require that the Workers' Comp Division do so. There is no impact to the individual or the department and arguably is a benefit to injured employees who will receive more information about their claim. Pinnacol supports the bill and the comments are listed below: We also provide information to our employees. The direct costs would be to the Workers' Comp Division. Pinnacol currently sends injured workers a letter describing their rights and providing information about the workers'' compensation process. ","This bill has no fiscal impact to CDOT. ","02/24/2010 Introduced In Senate - Assigned to Judiciary\n"]
["HB10-1072","Create Budget Stabilization Reserve Fund ","Monitor ","COURT / HEATH ","Long-term Fiscal Stability Commission. Section 1 of the bill makes legislative findings and declarations that: \n* The state should save substantial amounts of money during periods of significant economic growth in order to prevent drastic cuts in core state services during economic downturns; \n* By enacting Senate Bill 09-228, which will, if significant economic growth occurs, increase the amount of the required general fund reserve for future fiscal years, as a first step towards ensuring that the state saves more money in the future, the general assembly has recognized that the state has not saved enough money during past periods of significant economic growth; \n* Based on the experience of the state during recent economic downturns, the increased general fund reserve required by Senate Bill 09-228 is likely to prove inadequate to fully stabilize the state budget and prevent drastic cuts in state services during future economic downturns; and \n* It is necessary, appropriate, and in the best interest of the state to: \n* Convert the general fund reserve to a state budget stabilization reserve fund; \n* Further increase the amount of general fund revenues that the state is required to save; and \n* Promote fiscal discipline in state government and protect against rapid depletion of the reserve fund by reducing the percentage of estimated reserve fund depletion that will require the governor to formulate a plan for reducing general fund expenditures from the percentage of estimated general fund reserve depletion that currently triggers that requirement. Section 2 of the bill creates the state budget stabilization reserve fund (fund) and requires fund investment earnings to be credited to the fund. Beginning in FY 2009-10, section 2 also requires increasing amounts of general fund moneys, measured as a percentage of annual general fund appropriations, to be credited to the fund at the end of each fiscal year until the fund balance can be maintained at 15% of general fund appropriations. Section 3 of the bill reduces the percentage of estimated general fund reserve depletion for a fiscal year that triggers a requirement that the governor formulate a plan for reducing general fund expenditures from 50% of the amount of the existing general fund reserve to the greater of 2% of the amount appropriated for expenditure from the general fund for the fiscal year or one-third the amount of the fund that is replacing the general fund reserve. Section 3 also makes a conforming amendment regarding the trigger for transferring general fund moneys previously credited to the capital construction fund back into the general fund. Sections 4 through 12 of the bill make conforming amendments necessitated by the conversion of the general fund reserve to the fund. ","No policy impact to CDOT. ","No fiscal impact. Does not affect future SB 09-228 transfers. ","03/10/2010 House Committee on Finance Postpone Indefinitely\n"]
["HB10-1085","Land Surveys & Profl Land Surveyors ","Monitor ","KERR J. / TAPIA ","The land surveyors bill has been laid over on second reading until Wednesday, 2/3. ","The proposed legislation would change the current license requirements for a Professional Land Surveyor from a high school diploma and ten (10) years of progressive land survey experience to a high school diploma and (20) years of progressive land survey experience. CDOT provides on-the-job training and invests time and materials in the professional development of its Land Surveyor Interns and Technicians in order to staff its land survey program with competent surveyors. This legislation would impact roughly 12 land surveyor interns and technicians that would require longer training, etc before they would be eligible to sit for the Professional Land Surveyor exam thus causing an additional long-term fiscal impact to the department. ","The amendments seem to make the bill less onerous to CDOT, but they have yet to be adopted by the House acting as the Committee of the Whole. This bill may have a fiscal impact on CDOT, waiting on the outcome of the bill’s second reading. ","03/19/2010 House Considered Senate Amendments - Result was to Laid Over Daily\n"]
["HB10-1090","Jail Sentence Driving Under Restraint ","Monitor ","WALLER / MORSE ","The bill eliminates the mandatory 5-day jail sentence for a person who is convicted of driving a motor vehicle or off-highway vehicle upon any highway of the state with knowledge that his or her license or privilege to drive, either as a resident or a nonresident, is under restraint for any reason other than conviction of driving under the influence (DUI), DUI per se, driving while ability impaired, habitual user, or underage drinking and driving. ","Currently no policy impact to CDOT. However, if the bill is amended to INCLUDE the elimination of the mandatory five day jail time for driving with license under restraint due to a drug or alcohol conviction, this bill would weaken Colorado's drug and alcohol laws. ","No fiscal impact to CDOT. ","03/18/2010 Sent to the Governor\n"]
["HB10-1101","Farm Truck Registration ","Monitor ","BAUMGARDNER / HARVEY ","Currently, a county clerk may require that a person demonstrate that the person's primary business is agriculture to register a motor vehicle as a farm truck. The bill exempts people who use at least 100 acres for agricultural production from this requirement to register a farm truck. ","No impact on CDOT permit office. ","No fiscal impact to CDOT. ","03/15/2010 Introduced In Senate - Assigned to State, Veterans & Military Affairs\n"]
["HB10-1113","Transfer Ports Of Entry From DOR To CSP ","Monitor ","MCFADYEN / HODGE ","Currently, port of entry weigh stations are operated by the department of revenue. The bill transfers the ports of entry section by a type 2 transfer from the department of revenue to the Colorado state patrol in the department of public safety. The type 2 transfer will transfer all port of entry statutory authority, powers, duties, personnel, property, funding, budgeting, purchasing, and planning from the department of revenue to the Colorado state patrol. The motor carrier services division of the department of revenue remains responsible for personnel and facilities dealing with motor vehicle registrations, while the Colorado state patrol is responsible for enforcement-related and certain permit-related functions at port of entry weigh stations. ","The CDOT Accounting unit has a process in place to create an interagency transfer of money owed us of funds that were collected at the POEs each month. That interagency transfer is currently set up between us and DOR and would need to be established with CDPS. 2. the Dept has 2 rules that would require updating to create conforming amendments to now reference CDPS. ","The Dept has 2 rules that would require updating to create conforming amendments to now reference CDPS. Two rulemakings x $7500 each =$15,000.00 2. No specific provisions of the bill create a FI for the Permit Office. However the Dept has 2 rules that would require updating to create conforming amendments to now reference CDPS. Two rulemakings x $7500 each =$15,000.00, however this cost could be absorbed if the amendments were not deemed urgent and could be made at the next scheduled rulemaking hearings. 3. TPS would require no changes in programming because we have ability to set up external government users of the system and those users access TPS via the internet so there's no cost to set up new user accounts for CDPS. ","03/04/2010 House Committee on Transportation & Energy Refer Amended to Appropriations\n"]
["HB10-1119","SMART Government Act ","Monitor ","FERRANDINO / SHAFFER B. ","Section 1 of the bill sets forth that the bill shall be known and may be cited as the \"State Measurements for Accountable, Responsive, and Transparent (SMART) Government Act\". Section 2 of the bill requires the joint budget committee (JBC) to consider for recommendation to the general assembly any report approved Merrifield, Middleton, Pace, Pommer, Primavera, Rice, Scanlan, Schafer S., Solano, Todd, Weissmann by the office of state planning and budgeting from a department that suggests improved budgetary efficiency or administrative flexibility through line item consolidation in the annual general appropriation act. Section 2 also requires the JBC to prioritize requests for information in preparing any letter to the governor after passage of the annual general appropriation act. Section 3 of the bill repeals and reenacts provisions requiring departmental presentations to legislative committees of reference (committees). The new provisions mainly make changes to the part of the law that specifies what the presentations must include and, in addition, implement a new performance-based budgeting program to work in cooperation with the committees. The new performance-based budgeting program includes the following: \n* For the state budget process for the state fiscal year 2012-13, and the state budget process for each fiscal year thereafter, each principal department of the executive branch and the judicial branch of state government (department) must develop a strategic plan. \n* Like the existing law, each department must make a presentation to the assigned committees. The bill also requires that: \n* During the legislative session commencing January 2011, the presentation must at least include a presentation regarding the department's progress toward creating a strategic plan. \n* During the legislative session commencing January 2012, and during each legislative session thereafter, the presentation must at least include a presentation of the department's strategic plan, a review of the department's performance-based goals and performance measures, and a report on the actual outcomes. \n* During the legislative session commencing January 2012, and during each legislative session thereafter, each committee must assign 2 members, one from each party, as liaisons with their assigned departments regarding the performance-based budgeting process. During the same sessions, the chair of the JBC must also assign one member of the JBC to serve as a liaison to work with the committee liaisons. \n* Within 30 days after the department presentation, each committee must provide any written recommendations to the department and to the office of state planning and budgeting. Each department may implement the recommendations in the following state fiscal year's strategic plan. If recommendations were not implemented, the department shall provide the committee a written explanation no later than the fifth day of the legislative session of that fiscal year. \n* Prior to the legislative session commencing in January 2013, the state auditor must conduct a performance audit of one or more specific programs or services in at least 2 departments and must continue to conduct performance audits of one or more specific programs or services in at least 2 departments annually to audit all departments in a 10-year cycle. Performance audits of the programs or services selected for audit may include, but are not limited to, a review of the integrity of the performance measures audited, the accuracy and validity of reported results, and the overall cost and effectiveness of the audited programs or services in achieving legislative intent and the department's performance-based goals. After presenting the performance audit to the legislative audit committee and obtaining permission for the report to be released, the state auditor must present the audit report to the appropriate committee within the first 15 days of the legislative session. The state auditor must also present any other audit reports that he or she deems relevant for the committee of reference's review. \n* During the legislative session commencing January 2012, and during each legislative session thereafter, each committee must consider the department's strategic plan, its presentation of the plan, and any performance audit and must report to the JBC its recommendations for priorities or any changes. The recommendations made by the committee are limited to the department's November 1 budget request for the upcoming state fiscal year. The JBC may take the committee's recommendations into account in preparing the annual general appropriation act. The JBC must report back to the committees its reasoning for following or not following the committee's recommendations. \n* Starting December 1, 2012, and each December 1 thereafter, the office of state planning and budgeting must publish an annual performance report. The annual performance report is a summary of each department's strategic plan. The report must be clearly written and easily understood, and limited in length. The report must be distributed to the members of the general assembly to assist members in making decisions related to the annual general appropriation act. Sections 4 and 5 of the bill make adjustments to the duties of the legislative audit committee and the state auditor, respectively, to accommodate the requirements set forth in the bill. Sections 6 and 7 of the bill make conforming amendments. Section 8 of the bill requires the director of the office of state planning and budgeting to require that all state agency budget submissions be distributed in an electronic format. Section 9 of the bill deals with intradepartmental transfers between appropriations. Limits for such types of transfers have not been adjusted since 1994. Section 9 increases the statewide limit from $2 million to $5 million but does not change any other parts of the structured approval process or change limits for specific agencies. Section 9 also eliminates the prohibition from departments using the intradepartmental transfer authority to: \n* Transfer dollars from a nonpersonal services line item (such as operating) into a personal services line item; \n* Transfer dollars between personal services line items; and \n* Transfer dollars from an operating line into a utilities line or lease space line, or between utility line items. Section 10 of the bill deals with the controller's authority to allow, upon approval of the governor, a department to make an expenditure in excess of the amount authorized in an appropriation. Current law limits such excess expenditures to $1 million. Section 10 increases that amount to $3 million. Section 11 of the bill repeals the statutory section requiring the implementation of a zero-base budgeting system for the state. ","The bill calls for the annual development of a strategic plan, but is unclear as to the extent of the annual development process. It is not clear as to whether the strategic plan should be a five-year plan that is updated every five years with only annual updates to performance measurement components, or whether the strategic plan is to be revisited in its entirety each year as an annual five-year rolling strategic plan. ","The Department of Transportation (CDOT) anticipates no fiscal impact from HB 10-1119. The Department currently conforms to the bill’s strategic planning requirements as part of the budget process required by the Governor’s Office of State Planning & Budgeting. The Department can accommodate the bill’s requirements for presentations to committees of reference and for communicating with legislators acting as liaisons from those committees within existing resources. ","03/18/2010 Introduced In Senate - Assigned to Finance\n"]
["HB10-1127","Rocky Flats Plutonium Visitor Signs Info ","Monitor ","MCKINLEY ","The bill requires the posting of signs and supplementary brochures at entrances to the Rocky Flats national wildlife refuge that contain specified information about the presence of, and risks posed by, plutonium and other toxic substances that were used in the production of nuclear weapons at the site. ","CDPHE would be required to develop and post notices. CDOT's Executive Director would approve the design and construction of the signs. ","As drafted, the bill has no fiscal impact to CDOT. ","03/11/2010 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely\n"]
["HB10-1137","People First Language In Laws ","Monitor ","GARDNER B. / STEADMAN ","The bill requires the use of people first language when drafting new or amended state statutes and administrative rules. People first language is language that refers to persons with disabilities as persons first. For example, people first language uses the term \"persons with developmental disabilities\" rather than \"the developmentally disabled\". ","CDOT shall implement the 'People First' law into all new or amended rules after date bill passes. ","The Fiscal Impact is none because the law affects new or amended rules after effective date and drives no amendment to existing rules. ","03/18/2010 Senate Third Reading Passed\n"]
["HB10-1139","Iraq Afghanistan Veteran License Plates ","Monitor ","APUAN ","The bill creates 2 sets of special license plates to identify that the owner of the motor vehicle is a veteran of either the Afghanistan or Iraq war. The owner would pay the normal fees for special license plates, plus a one-time fee of $25 that is credited to the Colorado state veterans trust fund. ","No policy impact. CDOT tracks to make sure the $25 fee comes to CDOT. ","As drafted, $25 replacement fee will flow to HUTF as it does for other special license plates. ","01/19/2010 Introduced In House - Assigned to Transportation & Energy\n"]
["HB10-1143","Uses At RTD Transfer Facilities ","Monitor ","MCNULTY / JOHNSTON ","Under existing law, the regional transportation district (RTD) may negotiate and enter into agreements with any person or public entity for the provision of retail and commercial goods and services to the public at transfer facilities. The bill would permit RTD to negotiate and enter into similar agreements for the provision of residential and other uses at transfer facilities, so long as such uses are consistent with local laws relating to planning and zoning. The bill also eliminates a provision prohibiting such agreements if they create a competitive disadvantage for nearby businesses. Finally, the bill requires the provision of retail and commercial goods and services or the provision of residential or other uses permitted under local zoning ordinances at a transfer facility to be conducted in a manner that encourages multimodal access for all users. ","CDOT has a lease with RTD for 14 specific Park and Ride locations. The lease notes that RTD may use CDOT premises for Park and Ride Facilities and/or for Rail Passenger Transfer Centers - and no other purposes without written permission from CDOT. No policy impacted provided that the proposed bill requires RTD to get permission from CDOT's Executive Director prior to using the leased property for non-transportation uses. ","No fiscal impact to CDOT. ","03/16/2010 Senate Committee on Local Government and Energy Refer Unamended to Senate Committee of the Whole\n"]
["HB10-1147","Safer Streets For Nonmotorized Transport ","Monitor ","KEFALAS / BACON ","Section 2 of the bill codifies the existing bicycle and pedestrian policy directive of the department of transportation (CDOT) into law and makes legislative declarations. Section 3 of the bill: \n* Requires CDOT and the departments of education and public safety to collaborate, under the auspices of the safe routes to schools program of CDOT, with local governments, school districts, and appropriate organizations to develop and make available to schools a comprehensive educational curriculum regarding the safe use of public streets and premises open to the public by users of nonmotorized wheeled transportation. \n* Requires an individual 2 years of age or older but under 18 years of age to wear a helmet that meets the applicable federal safety standard for helmets whenever the individual uses nonmotorized wheeled transportation on a public street or premises open to the public. \n* Defines \"nonmotorized wheeled transportation\" as any human-powered vehicle or equipment intended for use on public streets and premises open to the public and designed primarily to transport one or more individuals and that rolls on wheels including, but not limited to, a bicycle, scooter, skateboard, or in-line skates. The definition does not include a wagon, a trailer, or any other vehicle or equipment that is primarily designed to be towed or pulled by an individual or by any other vehicle or equipment. \n* Categorizes a violation of the helmet requirement as an unclassified traffic infraction but specifies that its enforcement shall consist only of the stopping of a violator or an accompanying adult, the informing of the violator or accompanying adult of the violation, and the provision of a card to the violator or accompanying adult that explains the risks of not wearing a helmet and provides information as to where the violator may obtain a free or low-cost helmet if the violator or the violator's family cannot afford to purchase one. \n* Specifies that a violation of the helmet requirement is not admissible as evidence in court as a defense against liability or to reduce damages in a lawsuit arising out of the violator's death or injury and that the parent or legal guardian of a violator shall not be subject to any legal liability due to the violation. \n* Exempts from the helmet requirement an individual whose religious beliefs or practices would be violated by the wearing of a helmet. Section 1 of the bill makes legislative findings and declarations. ","This bill puts CDOT's new bike/pedestrian policy into statute. ","This bill currently has a negative fiscal impact to CDOT. Implementing outreach to all law enforcement personnel, as well as a statewide bicycle and pedestrian safety curriculum for schools would not be feasible without additional funding and staffing. Representative Kefalas is expected to amend the bill in Committee to remove the fiscal impact. ","03/15/2010 Introduced In Senate - Assigned to Education\n"]
["HB10-1149","Update Radiation Control Laws ","Monitor ","HULLINGHORST / FOSTER ","The bill updates state radiation control laws as follows: Section 1 of the bill defines the terms \"radiation machine\", \"radioactive\", and \"state board\", changes the defined term \"ionizing radiation\" to \"radiation\", and reorganizes existing definitions. Sections 2 and 3 update various language, including references to radiation. Section 4: \n* Includes radiation machines among the items for which the state board of health (state board) must promulgate rules; \n* Repeals specific provisions containing standards for mammographer rules and deeming a person who possesses a federally issued license to have an identical state-issued license; \n* Adds certain application fees to the services for which the state board may establish a fee schedule; \n* Requires the state board to set fees for radiation control services at an amount sufficient to reimburse the state for the entire cost of those services, rather than a partial reimbursement; \n* Repeals specific rule-making mandates to the state board to establish minimum specifications of radiation machines and radiation machine inspectors and procedures for radiation machine inspection; \n* Repeals provisions that prohibit any person not approved by the state board from performing mammographies; and \n* Repeals the authorization to the state board to contract for audit inspections of radiation machines. Section 5 adds, as grounds for an injunction, a violation of a license or registration issued under the state radiation control laws. Section 6: \n* Makes the attorney general, rather than a district or county attorney, the authority from whom the department of public health and environment (department) may request commencement of a civil action against a person for nonpayment of fees for radiation control services and credits civil penalties collected as penalty for such nonpayment to the general fund; \n* Subjects persons violating radiation control laws to an administrative penalty of up to $15,000 per violation per day; \n* Requires the department to conduct an exit meeting with an alleged violator if an alleged violation is discovered during the course of an on-site inspection; \n* Sets forth factors that the department must consider when determining the amount of an administrative penalty for a violation of radiation control laws; \n* Allows the department to enter into settlement agreements regarding resolved penalties and claims under radiation control laws and permits the agreements to include payment of moneys to state or local agencies for environmentally beneficial purposes; \n* Repeals provisions regarding orders for abatement; and \n* Allows the department to issue a cease-and-desist order under certain conditions and describes procedures and standards for a stay of the order. Section 7: \n* Clarifies which minerals are exempt from the radiation control laws that set forth prohibited acts, violations, and penalties; and \n* Repeals the exemptions from paying fees for licenses for radioactive materials. Section 8 repeals current law governing provisional licenses, under which such licenses are deemed issued in certain circumstances, and instead places the creation and issuance of provisional licenses within the discretion of the state board. ","These fees, while in CDPHE rule, were not statutorily authorized. This bill would provide the statutory allowance for those fees to be charged. CDOT accepts the fee. ","CDOT is charged approximately $6,000 yearly for 107 nuclear density gauges as well as our x-ray spectrometer. The bill would continue those charges. ","03/18/2010 House Third Reading Passed\n"]
["HB10-1152","Unlawful Discriminatory Practice Disab ","Monitor ","FRANGAS ","The bill generally clarifies sections in statute concerning the civil rights of persons with disabilities. Section 1 specifies that a person who denies or interferes with the rights of a person with disabilities commits a class 3 misdemeanor. Sections 2 through 6 update the definition concerning civil rights for persons with disabilities, and generally clarify the definitions for several statutory parts. Section 7 addresses the penalties and civil liability issues related to unlawful discriminatory acts in places of public accommodation, including increasing the amount of damages available and allowing for the payment of attorney fees and costs. Sections 10 and 11 concern basic civil rights of persons with disabilities. Particular unlawful discriminatory acts against persons with disabilities are described in section 11, and the penalties for violations of those acts are defined, including the ability to recover reasonable attorney fees and costs. The rights of persons with assistance animals and of trainers of assistance animals are clarified and updated in section 12. Section 13 details what constitutes a violation of those rights and the remedies available to a person who is subjected to a discriminatory act. Section 14 adds a new section to statute concerning discrimination by public entities and state agencies. Prohibitions against discrimination by public entities are outlined, including failing to make buildings accessible and otherwise making reasonable accommodations for persons with disabilities so those individuals may have an equal opportunity to enjoy and use the public entity's programs, services, and activities. Remedies for violations are specified, including damages and attorney fees and costs. Requirements for compliance with applicable discrimination policies by state agencies are described and remedies for relief are set forth. Section 15 sets forth remedies for relief for persons with disabilities who are retaliated against for making a complaint concerning the Colorado medical assistance act. The bill is applicable to offenses committed on or after July 1, 2010. ","The bill brings everything in line with the ADA and also covers retaliation and specific damages. CDOT receives Federal funding and has a very detailed ADA (Americans with Disabilities Act) Plan. CDOT has an ADA Coordinator and an ADA program that works to ensure non-discrimination under this law. CDOT may need to adjust the language in some of documents, policies, procedural directives, etc. This would be done with CDOT's existing staff. ","There is still no fiscal impact to CDOT with the bill amendments. ","02/18/2010 House Committee on Judiciary Refer Amended to Appropriations\n"]
["HB10-1161","Livery License Plate ","Monitor ","NIKKEL ","Section 3 of the bill creates a livery license plate for luxury limousine services and other call-on-demand common carriers regulated by the public utilities commission (PUC). This does not include taxicabs. The bill also creates a personalized livery license plate. A luxury limousine service will be required to use the plate, but a motor vehicle may only display the plate if it is used for such a service. Sections 1 and 2 instruct the PUC to notify the appropriate service providers of the bill's requirements and to provide verification of such provider's status. ","No policy impact. CDOT monitors to make sure $25 fee goes to CDOT. ","This plate would have the same fee structure as a personalized license plate. $35 plus $25 per year in subsequent years to HUTF. ","03/19/2010 House Committee on Appropriations Refer Amended to House Committee of the Whole\n"]
["HB10-1162","Retainage Construction Contracts ","Oppose ","SOPER / BACON ","The bill prohibits retaining more than 5% of the payments due to a contractor to ensure that work is satisfactorily completed (retainage) for the first 50% of a construction project. For the remaining 50% of the work, the bill prohibits retainage of more than 2.5%. More retainage may be withheld for work that is unsatisfactorily completed. A building client is required to deposit retainage in an interest-bearing escrow account that the contractor may access with an arbitration or court order. The bill sets standards for the account. If the building client fails to deposit the money in an account, the building client is required to pay the contractor 15% interest on the retainage. The bill requires a contractor to forward payment to a subcontractor for work the subcontractor performed within 7 days. The building client is required to pay the contractor retainage within 30 days after substantial completion of the construction project. A violator is required to pay interest plus a penalty of 15% interest. Contractors are authorized to give the building client a substitute security and have retainage paid. Standards are set for the security. Failure to pay interest subjects the property to a lien. ","The Department would still need to hire 1.0 Accountant I FTE in order to comply with proposed Section 24-91-111 (1) – (3), C.R.S. Were this bill to become law, CDOT staff would need to calculate the interest income generated from roughly 900-1,000 annual retainage-related transactions related to roughly 150 separate projects and would also be required to apportion those interest earnings among contractors and subcontractors based on documentation provided to CDOT staff as to the contracted entity responsible for each discrete portion of the work on each project. ","The costs associated with establishing and maintaining escrow accounts are no longer relevant. However, as the amended bill would require the Department to pay contractors the interest earnings on all retainage, CDOT would still lose roughly $160,000 per year in interest earnings. In addition, payments of interest earned on retainage do not qualify for federal reimbursement. Therefore the impact of these payments would be borne solely by the State Highway Fund. ","03/03/2010 House Committee on Business Affairs and Labor Refer Amended to Appropriations\n"]
["HB10-1167","PUC Prop Carrier Motor Trucks Enforcemt ","Monitor ","PENISTON / KOPP ","Recent changes to federal law preempted the state's authority over property carriers by motor vehicle, subject to limited exceptions for safety and insurance requirements. Last year's H.B. 09-1244 curtailed the authority of the public utilities commission over property carriers generally, but did not contain specific provisions for movers and other carriers previously subject to limited or special treatment within the motor vehicle statutes. The bill: \n* Makes conforming amendments as required to apply H.B. 09-1244 to these special cases; and \n* Grants enforcement authority to the ports of entry within the department of revenue to check for valid insurance. ","No impact operationally on CDOT. This bill affects enforcement done by DOR and Property carrier registrations issued by PUC. Primarily, allows Ports of Entry to enforce statutory insurance requirements. ","No fiscal impact to CDOT. ","03/18/2010 Senate Committee on Transportation Refer Unamended - Consent Calendar to Senate Committee of the Whole\n"]
["HB10-1172","Mobile Machinery Specific Ownership Tax ","Monitor ","BRADFORD ","Section 1 makes stylistic changes to clarify the definition of special mobile machinery. Section 5 deems farm equipment meeting the definition of special mobile machinery to be Class F personal property if the equipment is used for a purpose other than agricultural production. Section 6 prohibits affixing a prorated registration sticker to special mobile machinery unless it is registered, prohibits the operation of such machinery unless it is registered, and grants a credit for taxes paid to the owner who converts a vehicle to special mobile machinery. Section 7 creates a demonstration plate to be used by people who sell special mobile machinery and sets the fee for the plate. A violation of the demonstration plate requirements is a class 2 misdemeanor. Section 8 requires a person who sells special mobile machinery to notify the buyer that the owner should register the machinery. Section 16 authorizes owners to obtain a temporary registration similar to the temporary registration for motor vehicles. The remaining sections of the bill contain conforming amendments. ","No impact operationally on CDOT. ","There will be no significant fiscal impact to the Department of Transportation (CDOT) from the amended HB 10-1172 apart from perhaps a small amount of HUTF revenue resulting from temporary tags for special mobile machinery. CDOT defers to the Department of Revenue as to a projection of revenue resulting from the new temporary registration. ","02/25/2010 House Committee on Transportation & Energy Refer Amended to Appropriations\n"]
["HB10-1173","Waiver Of Late Vehicle Registration Fees ","Monitor ","DELGROSSO / RENFROE ","The bill specifies that, on and after July 1, 2010, the fee for late registration of a vehicle shall not be imposed for any portion of the calendar month in which a temporary registration number plate, tag, or certificate expires. The bill also authorizes the department of revenue or an authorized agent of the department to waive the fee if the department McNulty, Nikkel, Roberts, Summers, Swalm, Vaad, Waller or authorized agent determines that the failure to timely register the vehicle resulted from extenuating circumstances beyond the control of the vehicle owner. ","No policy impact to CDOT. ","CDOT receives monthly reports from the State Treasurer regarding the distribution of revenues generated by S.B. 09-108; however, these reports do not include details such as what percentage of the revenues are derived from late fees from the expiration month of temporary registrations. CDOT will therefore defer to the Department of Revenue as to the amount of late fee revenue that would be foregone due to this bill. Sixty percent of the foregone revenue would be credited to the State Highway Fund for allocation by the Transportation Commission on road safety improvements. ","03/04/2010 House Committee on Transportation & Energy Postpone Indefinitely\n"]
["HB10-1176","Require Government Recovery Audits ","Monitor ","VAAD / MITCHELL ","The bill adds a new part to the statutory provisions governing the office of state planning and budgeting (OSPB) that: \n* Declares overpayments to individuals, vendors, and other entities to be a serious problem for certain government entities (other covered entities) and state agencies that can be mitigated by requiring recovery audits of state agency or other covered entity expenditures designed to recover overpayments. \n* Requires the director of OSPB to: \n* Contract with private contractors for recovery audits of state agency and other covered entity payments to individuals, vendors, and other entities for state agencies and other covered entities that expend more than $25 million annually; \n* Promulgate rules necessary to implement the recovery audit program, including rules to set reasonable compensation as a percentage of the amount recovered from recovery audits for recovery audit contractors and, if deemed appropriate by the director, rules to provide cost-benefit criteria to exempt from the program state agencies and other covered entities that make relatively few or small payments to vendors; \n* Report to the legislative audit and joint budget committees by May 1 of each year regarding exemptions from recovery audits proposed to be allowed by the director for the next fiscal year so that the committees can have an opportunity to veto any such exemption; \n* Provide copies of all reports received from recovery audit contractors to the governor, the state auditor, and the legislative audit and joint budget committees within 7 days of receipt; and \n* No later than December 31 of each year, issue a report to the general assembly summarizing the contents of all recovery audit contractor reports received during the most recently completed fiscal year. \n* Allows the director of OSPB to retain a portion of any amount recovered due to a recovery audit in order to defray the reasonable and necessary administrative costs incurred by OSPB in contracting for and providing oversight of the recovery audit. \n* Requires the director of OSPB and a state agency or other covered entity subject to a recovery audit to provide to the auditing contractor confidential information necessary for the conduct of the audit to the extent not prohibited by federal law or regulation or an agreement with the federal government, the government of another state, or an agency of another state. \n* Requires the auditing contractor to keep the information confidential or face any civil or criminal penalties that would apply to a breach of confidentiality by the state agency or other covered entity or its employees. ","No policy impact. CDOT's Audit staff conduct payment based on risk assessments. CDOT will track for amendments to bill. ","Conditional Fiscal Impact. To the extent that recovery audits are performed and recover CDOT funds, there will be a positive fiscal impact to the Department. ","02/16/2010 House Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations\n"]
["HB10-1178","Transparency In The Use Of Grant Moneys ","Monitor ","STEPHENS / SCHEFFEL ","The bill requires that each state agency that receives grant moneys submit a report to the joint budget committee of the general assembly specifying information about the grant. Such information includes the source, amount, and duration of the grant and the specific program for which the grant money is intended to be used. The bill requires state agencies to request that grant donors submit a letter including such information to the state agency at the time of making the grant to assist the state agency in tracking and reporting all grants received during a fiscal year. In addition, the bill requires each new bill enacted by the general assembly on or after January 1, 2011, to include a notice of funding requirement if a program, service, study, interim committee, or other function of state government (program) created in the new bill will be funded entirely or in any part by grant moneys. The notice of funding requirement directs the state agency that will oversee the program to submit notice to the legislative council staff when adequate funding for the program is received. The bill also requires each new bill that creates a program funded entirely or in any part by grant moneys to include a repeal clause specifying the provisions of the bill that rely on grant moneys and that those provisions will be repealed upon receipt of notice by the revisor of statutes that the program has not received sufficient grant funding. If the legislative council staff has not received notice of funding within 18 months after the effective date of the provisions of the new bill that are dependent upon grant funding, the legislative council staff is required to include the new bill on a list of bills that have not received sufficient grant funding and to submit the list to the president of the senate, the speaker of the house of representatives, and the revisor of statutes. Delivery of the list by the legislative council staff serves as notification to the revisor of statutes to repeal the applicable provisions of the bills on the list. ","The bill requires additional specific reporting on federal funds by November 1st each year, around the time CDOT prepares for the annual JBC budget presentation. ","Amended bill has no fiscal impact on CDOT. The provisions of this bill can be accomplished within existing staff resources. ","03/15/2010 Senate Committee on State, Veterans & Military Affairs Lay Over Amended\n"]
["HB10-1181","DPA Administrative Clean-up ","Monitor ","TODD / BACON ","The bill makes the following changes to the administration of the department of personnel (department): \n* Section 1. Most state agencies are required to refer uncollected debts to the state controller. Under current law, any claims that the state controller has not processed within 120 days are referred to private counsel or a private collections agency. Debtors are more likely to settle their debts with the state controller than with a private entity because it costs less; however, the controller is unable to process all claims within 120 days. Section 1 of the bill extends the processing period to 180 days. \n* When a debt is litigated and the state prevails, a debtor may be responsible for paying fees and costs in addition to the total debt amount. The court often reduces the total amount of the award, but does not specify which outstanding debts must be paid first. Section 1 also specifies which outstanding debts must be paid first if the court-ordered award is insufficient to cover the total amount outstanding. \n* Section 2. Currently, there are different public notice procedures for state agencies and institutions of higher education depending on the estimated dollar amounts of certain contracts. Section 2 of the bill makes the projects that require notice based on the estimated contract costs and the notice procedures the same for state agencies and institutions of higher education. \n* Section 3. This section of the bill increases the deductible for claims for loss or damage to state property from $1,000 to $5,000. \n* Section 4. This section of the bill eliminates the existing requirement that the state personnel director (director) provide postaudit reviews of the operation and management of the state personnel system by the heads of principal departments and presidents of colleges and universities and instead authorizes the director to conduct a review of such operation and management in the director's discretion. Section 4 also clarifies that the appointing authority for a principal department is specified in the state constitution. \n* Sections 5 and 10. These sections of the bill clarify that the administrator of the state personnel board, not the director, shall maintain the records of the board. \n* Section 6. This section repeals the provision establishing the total compensation advisory council. The council was established to advise the director on policy matters related to the total compensation program. \n* Sections 7, 8, and 9. Current law establishes a 90-day period for the director to review certain complaints and appeals filed by state employees. Sections 7, 8, and 9 of the bill require the tolling of the 90-day period only if an employee who has filed a complaint with the director also files a complaint with the state personnel board or the Colorado civil rights division in the department of regulatory agencies. \n* Sections 11 and 13. Both of these sections contain a conforming amendment in connection with the elimination of the total compensation advisory council in section 6 of the bill. \n* Section 12. Pursuant to current law, the director is required to provide to the legislative committee of reference a financial impact statement regarding the impact of proposed insurance coverage mandates on state and state employee contributions to health plans. Section 12 eliminates this requirement, as the same information is provided through the fiscal note process. \n* Section 14. Currently, the executive director of the department of personnel does not have the authority to charge fees to state agencies that need to access documents from the state archives. Section 14 of the bill authorizes the executive director to charge and collect fees from state agencies for the direct and indirect costs of retrieving and researching information from the state archives. \n* Section 15. The bill directs the department to establish a procurement card program for all state agencies and institutions of higher education. The bill specifies that any revenues generated from the procurement card program shall be deposited in the general fund and allocated to state agencies and institutions of higher education in proportion to their statewide procurement card expenditures. \n* Section 16. The procurement code currently allows a state agency to suspend a person from consideration for award of contracts until after the trial of the suspended person if a criminal charge has been issued. The bill allows a suspension to remain in effect until after the trial when the person is suspended because a criminal charge has been issued against an officer, director, partner, manager, key employee, or other principal of the suspended person. \n* Sections 17 to 24. The prior reorganization of the department left statutory references to the division of accounts and controls. Sections 17 to 24 of the bill change this reference to the office of the state controller. ","Revenues would need to be adjusted to include the costs for the claims less than $5,000. In FY 08 we had 36 claims 19 of which were less than $5,000. In FY 09 there were 22 claims, 17 of which were less than $5,000. ","Conditional fiscal impact to CDOT. Section 3 of the bill increases deductibles for claims from the state's self-isured property fund. Presumably any change in deductibles should be offset by changes to premiums. Depending on how the statewide procurement cart program is implemented, there could be conflicts with Article X, Section 18 of the Colorado Constitution because State Highway Fund money would be recycled into the General Fund. ","02/16/2010 House Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations\n"]
["HB10-1184","Felony For Multiple DUI Offenders ","Monitor ","GARDNER C. / LUNDBERG ","The bill creates a class 6 felony for a person who is convicted of driving under the influence (DUI) or DUI per se at any time after the date of 2 or more previous violations for which the person has been convicted of DUI or DUI per se. ","No policy impact on CDOT. ","This bill as written would not have any fiscal impact on CDOT. ","02/08/2010 House Committee on Judiciary Postpone Indefinitely\n"]
["HB10-1187","Pub Util Environmental Clean-up Costs ","Monitor ","BALMER / BACON ","This bill establishes when a gas and electric public utility (public utility) may recover from a customer certain costs to remediate environmental contamination incurred when providing service to that customer. \"Gas and electric public utility\" is defined as an investor-owned public utility that is the sole available provider of either gas or electric services to a Colorado customer in the area where the customer's property is located. For commercial customers requesting new gas or electric service or relocation of existing utility facilities: \n* The customer may perform the necessary work in which case the public utility may neither charge the customer nor retain any moneys paid to the public utility by the customer for such work; \n* The customer can identify a mutually acceptable alternative alignment on which to install or relocate the facilities, if the customer can demonstrate, through a phase I or phase II site assessment, that environmental contamination is not reasonably likely to be present on the alternative alignment; or \n* The customer can reimburse the public utility for managing and disposing of the environmental contamination; except that, if the nature or extent of environmental contamination warrants, the public utility may require the customer to perform that work. If a dispute about the presence, nature, or extent of environmental contamination arises, the public utility must provide reasonable evidence of the contamination. The public utilities commission must adopt rules regarding procedures to hear such disputes on an expedited basis. The public utilities commission may establish a uniform fee paid by all of the public utility's customers to recover the actual costs of addressing environmental contamination of public rights-of-way and other locations for which recovery of such costs is not otherwise authorized. ","This bill may potentially prompt unnecessary costs to and action by CDOT, consuming the efficiency of its resources. Keeping connected with the CDOT permitting process when activity is proposed within its right-of-way, will assure achieving a good location for the delivery of utilities. This will deter excessive cost by the customer, the public utility, and CDOT alike. ","Potential positive fiscal impact to CDOT. Would require Excel Energy to pay the costs of remediating any environmental contamination caused or exacerbated by Excel. ","01/22/2010 Introduced In House - Assigned to Transportation & Energy\n"]
["HB10-1205","Local Land Use Planning For Mil Install ","Monitor ","RYDEN / SPENCE ","The bill modifies statutory provisions relating to the land use planning by county and municipal governments to address the impacts of military installations. Section 1 of the bill adds military installations to the list of key facilities that are considered areas of state interest for purposes of statutory provisions governing areas and activities of state interest (HB 1041 powers). \"Military installation\" is defined in section 2 of the bill as a base, camp, post, station, airfield, yard, center, or any other land area under the jurisdiction of the United States department of defense, including any leased facility, that is larger than 500 acres. Section 3 of the bill modifies existing statutory provisions requiring local governments to notify military installations of certain zoning changes occurring near such installations in the following respects: \n* Current law requires a local government with a military installation within its territory to submit to the commanding officer of the installation information about proposed changes to the local government's comprehensive plan or land development regulations that would affect any territory of the local government within 2 miles of the installation. Section 3 adjusts this provision by requiring a local government with territory within 2 miles of a military installation to submit to the installation commanding officer and the flying mission commanding officer information related to zoning changes that would affect any area within 2 miles of the installation. Section 3 also gives the military installation 60 days within which to review the information and submit comments to the local government on the impact the proposed changes may have on the mission of the military installation. \n* Section 3 also requires a county or municipal master plan to reflect the off-site impacts of a military installation using noise contour data provided by the United States department of defense. \n* Section 3 modifies the definition of \"military facility\", as it relates to the applicable statute, to include facilities larger than 500 acres, rather than those larger than 1,000 acres. \n* Finally, section 3 also clarifies that nothing in the bill is intended or shall be construed to require a county or municipality to prepare a new master plan in order to satisfy any of the requirements of the bill. Section 4 of the bill adds \"military installation\" to the list of public places or facilities that may be included in a county or municipal master plan. ","This bill may have an impact on the planning done by DTD - in conjunction with the local jurisdictions - especially as to the noise contours near military installations. The Bill also expands the number of military installations that could be affected as the size of the qualifying installations is proposed to be reduced from 1000 acres to 500 acres. ","No fiscal impact on the CDOT. ","03/18/2010 Introduced In Senate - Assigned to State, Veterans & Military Affairs\n"]
["HB10-1211","Reduce Late Vehicle Registration Penalty ","Support ","TYLER / WILLIAMS ","Effective July 1, 2010, the bill reduces the penalty for late registration of a vehicle without motive power that weighs 2,000 pounds or less from $25 per month up to $100 to $10. ","The bill amends FASTER in a resonable way. Limiting the amount of late fees for smaller, non-motorized trailers. ","This bill will reduce HUTF revenue to CDOT. CDOT defers to the Department of Revenue to estimate how much revenue will be foregone from eliminating FASTER late fees on vehicles without motive power that weigh 2,000 pounds or less. 60% of the foregone revenue would be credited to the State Highway Fund. ","03/16/2010 Senate Second Reading Laid Over Daily\n"]
["HB10-1212","Req Rules For Late Veh Regis Fee Exemps ","Support ","RICE / SCHWARTZ ","The bill requires the executive director of the department of revenue to promulgate rules that establish circumstances, in addition to circumstances already established in statute, in which a vehicle owner shall be exempted from paying the late fee for late registration of a motor vehicle. The bill requires the rules to apply uniformly throughout the state and to include, but not be limited to, exemptions for: \n* Acts of God and weather-related delays; \n* Office closures and furloughs; \n* Medical hardships, which shall not include financial inability to pay; \n* Out-of-state lienholders; and \n* Information technology failures. The bill requires the executive director to consult with the county clerk and recorders in promulgating the rules. ","This bill allows every county clerk to adjudicate the reasons for failure to pay late renewal of vehicle registrations under limited circumstances after Department of Revenue rulemaking. The bill lists some subjective criteria such as \"weather related reason\" or \"act of God\" which is not defined. The impact is that late fees could be waived and not collected. ","This bill will potentially reduce revenue to the HUTF by allowing the Department of Revenue to promulgate rules for issuing waivers of vehicle registration late fees under certain circumstances. CDOT defers to the Department of Revenue to estimate the fiscal impacts. 60% of foregone revenue would have been credited to the State Highway Fund. ","03/16/2010 Senate Second Reading Laid Over Daily\n"]
["HB10-1214","Adopt A Shelter Pet License Plate ","Monitor ","MCCANN / SCHWARTZ ","Section 1 adds a representative of the western slope to the Colorado pet overpopulation authority. Section 2 creates the adopt a shelter pet account (account) in the pet overpopulation fund. Sections 3 and 4 continue the pet overpopulation contribution on tax returns until 2013. Section 5 creates the adopt a shelter pet special license plate for motor vehicles that do not exceed 16,000 pounds. The fees for the special license plate consist of normal registration fees plus 3 one-time fees equaling $80: $25 is credited to the highway users tax fund, $25 is credited to the licensing services cash fund, and $30 is credited to the account. In addition, the special plate requires an annual renewal fee of $25 that is also credited to the account. ","This bill speaks about the Pet population and fees for license plates. ","CDOT monitors these bills to ensure that portion of the fees are directed to the HUTF. ","03/19/2010 House Committee on Appropriations Refer Amended to House Committee of the Whole\n"]
["HB10-1228","Dependent Coverage State Health Benefits ","Monitor ","BENEFIELD / HUDAK ","The bill requires the state personnel director to remove an ineligible dependent from a state group health benefit plan by the end of the month in which the dependent ceases to be eligible due to the age of the dependent. Current practice and proposed rules require the employee to remove the ineligible dependent and the employee's department to verify continuing dependent eligibility. ",null,"Potential conditional positive fiscal impact to CDOT by reducing CDOT's expenditure on health insurance premiums. ","03/18/2010 Introduced In Senate - Assigned to Health and Human Services\n"]
["HB10-1235","APA Incorporation By Reference In Rules ","Support ","LEVY / BROPHY ","Committee on Legal Services. The current requirements for incorporating by reference published codes, standards, or rules into agency rules are changed to reflect the provisions of the revised model state administrative procedure act, including allowing agencies to make incorporated materials available to the public by providing the incorporated materials electronically. ","The current statute [APA] contains laborious requirements for departments that want to incorporate materials by reference into a rule. Additionally the APA limits the types of publication materials that may be incorporated by reference to very high level publications such as federal publications. The proposed changes in this bill amend the onerous requirements and replaces them with new standards that fit the electronic age. For example, the agency may now keep the reference book on file and open for inspection during normal business hours and not buy a copy for the State repository--- which can be costly. The draft rule also allows for the department to simply make reference to where a person could view the materials on the internet for free. This streamlines our process. We can incorporate materials simply by stating in the rule where the public may view them. ","There is not a positive fiscal note because the reality was that when it was going to cost to buy materials and give them to state repository, CDOT simply deleted the \"incorporated by reference\" language to avoid the costs. Departments, have in the past, adopted weaker rules because the statute created a financial burden on the department. ","03/15/2010 Senate Third Reading Passed\n"]
["HB10-1236","Sunset State Board Of Accountancy ","Monitor ","KERR A. / TOCHTROP ","Sunset Process - House Business Affairs and Labor Committee. The bill implements the recommendations of the department of regulatory agencies in its sunset review of the functions of the state board of accountancy, which include the following recommendations: \n* Sections 1 through 3: Recommendation 1 continues the state board of accountancy and the regulation of certified public accountants and firms until 2019. \n* Sections 4 through 6: Recommendation 2 requires 150 hours of education for a certified public accountant (CPA) to be licensed after June 30, 2015. Current law allows a CPA candidate to substitute additional education for a year of experience working for a CPA. Recommendation 3 repeals the additional education allowance in lieu of experience pathway to obtain a license. Recommendation 4 expands the scope of acceptable experience required for licensure as a CPA. Recommendation 11 clarifies that a candidate for licensure must pass the uniform CPA examination, in addition to other requirements. \n* Section 7: Recommendation 5 clarifies that any disciplinary action taken by another state, foreign, or federal agency may serve as grounds for discipline by the state board of accountancy (board). Recommendation 6 clarifies that disciplinary actions taken by the public company accounting oversight board may serve as grounds for discipline by the board. Recommendation 9 repeals the board's authority to issue a censure. \n* Section 8: Recommendation 7 expands the board's disciplinary authority over registered firms to include the denial of or refusal to renew a registration, a fine, a letter of admonition, or placing the registrant on probation. \n* Section 9: Recommendation 8 increases the board's fining authority from $1,000 to $5,000 against licensed CPAs and adds the authority to fine registrants up to $10,000. \n* Sections 10 through 13: Recommendation 10 clarifies the requirements to use the titles \"certified public accountant\", \"C.P.A.\", \"certified public accountants\", or \"C.P.A.s\" in its name. It also specifies additional title protection requirements. ","CDOT is tracking for licensing contract changes. Among other things, the bill changes rules related to the ability to substitute education in lieu of experience. ","As amended there is no fiscal impact to CDOT. ","03/17/2010 Senate Committee on Business, Labor and Technology Refer Amended to Senate Committee of the Whole\n"]
["HB10-1238","Wildlife Crossing Zones Traffic Safety ","Monitor ","CURRY / SCHWARTZ ","The bill allows the department of transportation (department), in consultation with the division of wildlife in the department of natural resources, to establish areas within the public highways of the state as wildlife crossing zones. If the department receives authorization from the federal government to designate areas of the federal highways of the state as wildlife crossing zones, the department may do so. The department is prohibited from establishing a lower speed limit for more than 100 miles of the public highways of the state that have been established as wildlife crossing zones. If the department establishes an area as a wildlife crossing zone, the department may erect signs identifying the zone and establishing a lower speed limit for the portion of the highway that lies within the zone. In establishing a lower speed limit within a wildlife crossing zone, the department shall give due consideration to the percentage of traffic accidents that occur within the area that involve the presence of wildlife on the public highway, the relative levels of traffic congestion and mobility in the area, and the relative numbers of traffic accidents that occur within the area during the daytime and evening hours and involve the presence of wildlife on the public highway. If the department erects a new wildlife crossing zone sign, it shall ensure that the sign indicates, in conformity with the state traffic control manual, that increased traffic penalties are in effect within the zone. The bill requires the department to prepare and submit a report to the transportation and energy committee of the house of representatives and the transportation committee of the senate concerning the establishment of wildlife crossing zones. The report, at a minimum, shall include the location and length of each wildlife crossing zone; the total number of miles within the public highways of the state that the department has established as wildlife crossing zones; the total number of wildlife crossing zones for which the department of transportation has established a lower speed limit; the effect, if any, that the establishment of each wildlife crossing zone has had in reducing the frequency of traffic accidents within the wildlife crossing zone; and a recommendation by the department as to whether the general assembly should discontinue the establishment of wildlife crossing zones, continue the limited establishment of wildlife crossing zones, or expand the establishment of wildlife crossing zones. The bill subjects a person who commits a moving traffic violation in a wildlife crossing zone to increased penalties and surcharges. If the department erects a traffic sign designating an area of a public highway as a wildlife crossing zone, the department shall establish when the area will be deemed to be a wildlife crossing zone and ensure that the sign indicates when the area will be deemed to be a wildlife crossing zone. ","This bill allows the Department of Transportation (CDOT) to designate wildlife crossing zones, with proper signage, penalties and surcharges for moving violations committed within the zones at designated times. Fines are doubled for up to 100 miles of designated wildlife crossing zones. The bill is permissive and limited in scope. ","The bill is permissive so all costs are conditional upon Departmental prerogatives. Likely signage costs to designate wildlife crossing zones with lower speed limits and increased fines are $6,400 per zone plus $800 - $3200 per mile within each zone. Potential maintenance cost reduction from reduced animal-vehicle collisions and increased HUTF distributions from higher penalties for moving violations. ","02/03/2010 Introduced In House - Assigned to Transportation & Energy\n"]
["HB10-1243","Trans Related Powers Of Spec Dists ","Monitor ","MCFADYEN / GIBBS ","Section 1 of the bill: \n* Authorizes a special district that is a metropolitan district organized with street improvement, safety protection, or transportation powers, as defined by existing law, to levy, with voter approval, a uniform sales tax in any unincorporated territory of the district; \n* Requires proceeds of any sales tax levied to be used only to fund transportation-related safety protection and street improvement in areas of the metropolitan district in which the tax is levied and transportation, as described in, and limited by, specified existing statutory provisions; \n* Requires the department of revenue to collect, administer, and enforce any sales tax levied; and \n* Specifies that revenues raised by a metropolitan district through the levy of a sales tax are in addition to and shall not be used to supplant any state funding that the district or any county, municipality, regional transportation authority, or other governmental entity that has transportation-related powers and that includes territory located within the district would otherwise be entitled to receive from the state. Section 2 of the bill authorizes a special district that is organized with street improvement, safety protection, or transportation powers, as defined by existing law, to join a regional transportation authority. Sections 3 and 4 of the bill make conforming amendments. ","By allowing special districts to participate in RTA's, it potentially expands the ability to fund transportation projects through RTA's. ","No fiscal impact to CDOT. ","03/17/2010 House Committee on Finance Refer Unamended to Appropriations\n"]
["HB10-1259","Conform Annex Act To State Const ","Monitor ","NIKKEL / LUNDBERG ","The state constitution prohibits an unincorporated area from being annexed to a municipality unless one of the following constitutional annexation requirements first has been met: \n* The question of annexation has been submitted to the vote of the landowners and the registered electors in the area proposed to be annexed, and the majority of the persons voting on the question have voted for the annexation; \n* The annexing municipality has received a petition for the annexation of the area signed by persons comprising more than 50% of the landowners in the area and owning more than 50% of the area, excluding public streets and alleys and any land owned by the annexing municipality; or \n* The area is entirely surrounded by or is solely owned by the annexing municipality. The bill amends the \"Municipal Annexation Act of 1965\" (act) to conform its provisions to the constitutional annexation requirements. In particular: \n* Section 1 of the bill amends the legislative declaration in the act to add as a purpose of the act the implementation of the constitutional annexation requirements. \n* Section 2 of the bill conforms existing definitions in the act to the provisions of the bill. \n* Section 3 of the bill prohibits an unincorporated area from being annexed to a municipality unless one of the constitutional annexation requirements first has been met. Section 3 also specifies that an area is eligible for annexation if the constitutional annexation requirements have been satisfied in addition to satisfying existing statutory requirements. \n* Sections 4 and 5 remove obsolete provisions in the act. \n* Section 6 of the bill specifies that persons comprising more than 50% of the landowners in an area and owning more than 50% of the area may petition the governing body of any municipality for the annexation of the territory. Section 6 also clarifies the requirements affecting a petition for annexation to specify that a petition must contain an allegation that the signers of the petition comprise more than 50% of the landowners in the area and own more than 50% of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality. \n* Section 7 of the bill specifies that the required hearing to establish eligibility for annexation need not be held if the municipality has determined conclusively that the constitutional annexation requirements, in addition to existing statutory requirements, have not been met. \n* Section 8 of the bill specifies that a finding by the governing body of the annexing municipality that the area proposed for annexation does not comply with the applicable provisions of the constitutional annexation requirements, in addition to existing statutory requirements, shall terminate the annexation proceeding. \n* Section 9 makes conforming amendments to the act. \n* Section 10 of the bill clarifies that annexation elections are to be decided by a majority of the landowners and registered electors in the relevant area and not the qualified electors or qualified electors and landowners as under existing law. Other sections of the bill contain changes conforming to this new requirement. \n* Section 11 of the bill addresses conflicting annexation claims of 2 or more municipalities. In particular, upon the filing of a petition by the second municipality indicating its intent to annex the disputed area, the bill permits the first municipality and the petitioners for the annexation being considered by the first municipality to file a responsive pleading. If either or both of the parties files a responsive pleading, the district court is required to determine whether the annexation being processed by the second municipality complies with the constitutional annexation requirements and the applicable provisions of the act. In the absence of the filing of a responsive pleading or upon a determination that the annexation being processed by the second municipality complies with the constitutional annexation requirements and the applicable provisions of the act, all further proceedings for the annexation of the area claimed by both municipalities are to be held in abeyance pending an election of the landowners and the registered electors within the area for the purpose of determining to which municipality the electors prefer to annex. \n* Section 12 of the bill specifies that review proceedings instituted under the act shall not extend further than determining whether the annexation complies with the constitutional annexation requirements in addition to whether the governing body has exceeded its jurisdiction or abused its discretion under the provisions of the act. ","CDOT does not take a position on annexation petitions. ","No fiscal impact to CDOT. ","03/18/2010 Introduced In Senate - Assigned to Local Government and Energy + Judiciary\n"]
["HB10-1264","Incent State Employees Suggest Cost Sav ","Monitor ","PRIOLA / HEATH ","The bill requires the state personnel director, or his or her designee, to create and make publicly available to all state employees an idea application to allow employees to suggest state agency improvements that result in cost savings. The form must be available by October 1, 2010, on the department of personnel's web site. The state personnel director, or his or her designee, is required to create evaluation criteria for the evaluation of the idea application. Any employee may submit an idea application. The availability of the idea application must be advertised on any type of payroll statements issued to employees on or after October 1, 2010. The bill requires the executive director of the employee's state agency (executive director) to respond to the idea application in a timely fashion. The bill also requires the executive director to cause to be completed a projected savings calculation before he or she makes a decision to accept or reject the employee's idea application. The executive director may automatically deny an idea application if it is duplicative of another recently submitted application. The bill creates a state employee incentive fund, which consists of moneys appropriated to the fund by the general assembly. The bill provides for oversight, by the office of state planning and budgeting, of any idea applications that are denied. The bill requires the executive director to identify, where possible, any state laws or regulations that need to be changed to implement the idea. The bill requires the executive director, or his or her designee, to submit a request for legislation to the appropriate committee of reference for any idea application that requires legislation for implementation. For every idea that is implemented, the bill requires that the executive director make a savings realized calculation.","This bill would allow state employees to submit ideas for improvements within their department/agency that would result in costs savings to the State Personnel Director. ","Conditional fiscal impact to CDOT. To the extent that employees identify cost savings, those savings would be credited partly to the state employee, part to the Department, and 75% to the General Fund, which violates Article X, Section 18 of the Colorado Constitution. ","02/23/2010 House Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations\n"]
["HB10-1268","Register Vehicle Two Years ","Oppose ","KING S. ","The bill authorizes the owners of motor vehicles, trailers, and mobile machinery to elect to register their vehicles for 2 years. Vehicles registered for 2 years are exempt from the registration late fee. ","Similar to other bills that elimate the late penalty established under FASTER, this bill goes too far by eliminating the late fee penalty. ","Elimination of late fees would have a negative fiscal impact to CDOT. ","02/23/2010 House Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations\n"]
["HB10-1276","Sale RR Right-of-way Pub Rail Service ","Monitor ","LEVY / MITCHELL ","The bill permits any railroad company to sell its right-of-way for the operation of a public passenger rail service, which the bill defines as any passenger service that runs on rails or electromagnetic guideways. The bill specifies that the right-of-way shall continue to be used as a public highway only for operation of public passenger rail service if ownership of the right-of-way is transferred to a public passenger rail service provider, regardless of: \n* Whether or not an order of abandonment has been issued for the right-of-way by the federal surface transportation board, any successor federal agency, or by any court of competent jurisdiction; \n* The technology used to operate the public passenger rail service; or \n* Whether ownership of the railroad is public or private. The bill further provides that no rail service provider operating public passenger rail service shall be required to offer its right-of-way for use by any other rail service provider by operation of Colorado law after an order of abandonment has been issued. ","CDOT has many existing property rights and property rights needs in railroad rightof way-State Highway locations, there is potential for fiscal impact if there are locations where the railroad wants to abandon or otherwise dispose of land CDOT may be using or need - while this is unlikely, it is possible. This Bill may conflict with the Surface Transportation Board (STB) federal laws. ","No fiscal impact to CDOT. ","03/18/2010 Introduced In Senate - Assigned to Transportation\n"]
["HB10-1285","Overweight Vehicle Fine Tax Incentives ","Monitor ","PRIOLA / TAPIA ","The bill raises the fines on overweight motor vehicles and uses the additional fine money to fund a sales tax refund and an income credit for commercial vehicle investment in Colorado. A semitrailer is added to the sales tax refund. The effective dates of the sales tax refund and the income tax credit are moved up to begin in 2010 instead of 2011 and the A., Kerr J., Lambert, Liston, Massey, Middleton, Nikkel, Schafer S., Stephens, Summers, Vaad, Waller phase-in of the income tax is accelerated to begin immediately. The bill clarifies that a motor vehicle registered in Colorado, subsequently registered in another state, then reregistered in Colorado is not subject to taxes and fees due during the time it was registered in another state. ","There is no operational impact on CDOT's OSOW Permit Office. No other assessment on revenue or other programs is being made by this reviewed. ","This bill would reduce HUTF revenue to CDOT by redirecting fine revenue from overweight commercial vehicles to a different fund. ","03/09/2010 House Committee on Transportation & Energy Refer Amended to Finance\n"]
["HB10-1287","Using State-owned Vehicles For Commuting ","Monitor ","LAMBERT / CADMAN ","The bill makes the following changes related to the use of a state-owned motor vehicle for commuting purposes: \n* Prohibits commuting unless the job description of an officer or employee of a state agency includes the provision of a public health, safety, or emergency response service outside of business hours; \n* Eliminates the ability of a state agency to waive reimbursement to the state for commuting; \n* Requires a state agency to provide a report about commuting to the division of central services in the department of personnel; and \n* Establishes a civil penalty for any individual who fails to reimburse the state for commuting. ","CDOT currently classifies 208 employees as first responders (155 as year-round first-responders and 53 as seasonal first-responders), requiring them to commute with a fleet vehicle. The vast majority of these employees have the value of their commuting imputed into their income for tax purposes. Under this bill, these 208 employees would instead reimburse the Department of Personnel & Administration for the use of the fleet vehicle for commuting purposes. The average round trip commute for the year-round first responders is 43.5 miles, and the average for seasonal first responders is 59.3 miles. ","The amendments to this bill cause no direct fiscal impact to CDOT. However, the amended bill could drive a large monthly costs to certain CDOT employees. ","03/10/2010 House Committee on Finance Lay Over Unamended - Amendment(s) Failed\n"]
["HB10-1292","Conditions On Land-use Approval ","Monitor ","MURRAY / HARVEY ","In connection with conditions that may be imposed on land-use approvals by local governments under statutory provisions governing the regulatory impairment of property rights, the bill addresses the construction of the requirement prohibiting a local government from imposing any discretionary condition upon a land-use approval unless the condition is based upon duly adopted standards that are sufficiently specific to ensure that the condition is imposed in a rational and consistent manner. The bill clarifies that the phrase \"any discretionary condition\" refers back to the constitutionally based conditions found in a previous provision and, accordingly, does not create an independent cause of action under the statute. ","The proposed HB 10-1292 could potentially impact CDOT when we need to change a land use on property that is within a local government’s jurisdiction (examples would be to build a maintenance facility or other structure on our property). The Bill would limit local governments’ ability to add additional conditions on land use approvals. This is good for CDOT, as the limitation would prohibit local governments from requiring additional conditions such as extensive landscaping and other costly improvements that are not already noted in the local government’s adopted development standards – or otherwise applied to all property owners in a rational and consistent manner. ","No fiscal impact to CDOT. Only affects local governments. ","03/18/2010 Senate Committee on Local Government and Energy Refer Unamended to Senate Committee of the Whole\n"]
["HB10-1312","Suppl Approp Dept Of Public Safety ","Monitor ","POMMER / KELLER ","Supplemental appropriations are made to the department of public safety. ","This bill will transfer moneys in the motorist insurance identification account into the HUTF in FY 2009-10 and FY 2010-11. ","This supplemental bill increases appropriations from the HUTF by $854,372, resulting in decreased revenues to the State Highway Fund of $555,342. In addition, it increases the Department of Public Safety's reappropriated funds spending authority from CDOT by $3,048. ","03/10/2010 Governor Action - Signed\n"]
["HB10-1327","Cash Fund Transfers Augment General Fund ","Monitor ","POMMER / WHITE ","Budget Package Bill. For the purpose of augmenting the amount of revenues in the state general fund for the 2009-10 state fiscal year, the state treasurer is required to transfer specified amounts of moneys to the general fund from the following funds: \n* The employment support fund; \n* The higher education maintenance and reserve fund; \n* The motor fleet management fund; \n* The public safety communications trust fund; \n* The emergency controlled maintenance account in the capital construction fund; \n* The waste tire recycling development cash fund; \n* The processors and end users of waste tires cash fund; \n* The local government permanent fund; \n* The Colorado water conservation board construction fund; \n* The operational account of the severance tax trust fund; \n* The local government severance tax fund; \n* The law enforcement assistance fund for the prevention of drunken driving and the enforcement of laws pertaining to driving under the influence of alcohol or drugs (referred to as the LEAF fund). The transfers from the specified funds will occur on the effective date of the bill. ","The LEAF funds that were allocated to OTS for Impaired Driving Enforcement will be replaced with other funds. OTS has worked with Gov. relations for a successful disposition on this. ","LEAF funding did pay the full salary of one OTS employee. This funding for salary was not replaced by the other funds that supplement impaired driving enforcment. ","03/18/2010 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass\n"]
["HB10-1329","Solid Waste User Fees ","Monitor ","PENISTON / BOYD ","Section 1 of the bill adds a definition of the term \"commission\", which means the solid and hazardous waste commission (commission) in the department of public health and environment (department), to the definitions section of the laws pertaining to hazardous waste sites. Section 2: \n* Requires the commission to establish and impose, by July 1, 2011, a solid waste user fee on persons disposing of Pommer, Riesberg, Solano, Tyler, Vigil solid waste at an attended solid waste disposal site; \n* Specifies criteria for determination of the fee and the destinations to which portions of the fee shall be sent; \n* Repeals, on the date that the new fee takes effect or on July 1, 2011, whichever occurs first, current provisions relating to solid waste user fees; and \n* Extends from July 1, 2010, to July 1, 2017, the future repeal date of the solid waste user fee laws. Section 3 requires 100% of the state-imposed solid waste user fees that are collected by attended solid waste disposal sites to be credited to those sites if, and to the extent that, the sites are also subject to local government solid waste disposal fees for hazardous substance response activities at sites listed on the national priority list under the federal \"Comprehensive Environmental Response, Compensation, and Liability Act of 1980\" (federal act). Section 4 authorizes the state treasurer to make the following one-time transfers from the hazardous substance response fund for the state fiscal year commencing on July 1, 2010: \n* Up to $400,000 to the solid waste management fund, for use by the department in connection with its solid waste management activities; and \n* Up to $550,000 to the department of law, to be used in connection with the department of law's duties under the federal act. ","Impact on the department - potentially high. CDOT removes tens of thousands of cubic yards of litter, debris and waste from the roadways every year. This could cause a significant financial burden on an already lean budget. If governmental agencies such as CDOT were exempted it would be neutral to CDOT. ","No significant fiscal impact to CDOT. ","03/17/2010 Senate Committee on Health and Human Services Refer Unamended to Finance\n"]
["HB10-1341","Insurance Title Register Vehicles Funds ",null,"JUDD / KELLER ","The bill transfers moneys in the motorist insurance identification account in the highway users tax fund in excess of its appropriations to the Colorado state titling and registration account in the highway users tax fund. ","This bill transfers moneys in the motorist insurance identification account to HUTF. While the bill reduces revenue to CDOT, it is a Department of Revenue \"agency bill.\" ","Under current law, revenues in Motorist Insurance Identificiation account in excess of the annual appropriation are transferred to the HUTF, with 65% of excess revenues credited to the State Highway Fund. In FY 2008-009, there was $2.2 million in excess revenues, of which $1.4 million was credited to the State Highway Fund. ","03/19/2010 House Committee on Appropriations Refer Amended to House Committee of the Whole\n"]
["HB10-1346","APA Emergency Rule-making Changes ","Support ","KAGAN / CARROLL M. ","Committee on Legal Services. The bill extends the period that temporary or emergency rules adopted by executive branch agencies remain in effect from 3 months to 120 days. ","The CDOT Rules coordinator worked with the Sec of State's office in drafting this bill. This allows emergency rules to be in effect for double their current timeframe. This change is important because with only a 90 day window for emergency bills, CDOT could not get a permanent rule in place before the emergency bill expired due to Transportation Commission monthly meeting dates. This is a vast improvement and allows CDOT the necessary time to promulgate permanent rules. ","No fiscal impact to CDOT. ","03/17/2010 Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole\n"]
["HB10-1347","DUI Penalties ","Monitor ","LEVY / MORSE ","The bill adjusts the penalties for second offenses of driving under the influence (DUI) and driving while ability impaired (DWAI) and creates new penalties for third and subsequent offenses of DUI and DWAI. In sentencing persons for DUI, DWAI, DUI per se, and habitual user, courts are encouraged to require the use of approved ignition interlock devices by persons as a condition of bond, probation, and participation in work, educational, and medical release programs. An approved alcohol or drug treatment facility may not require a person to repeat any portion of an alcohol or drug treatment program that he or she has successfully completed while he or she was imprisoned. The bill creates the court-ordered alcohol treatment fund to pay for court-ordered alcohol treatment and ignition interlock devices for indigent offenders and court-ordered alcohol treatment programs for incarcerated offenders. ","This bill may have limited influence in a positve way on performance measures ie, reduce number of alcohol related fatalities. ","This bill as written will not have any fiscal impact on CDOT. ","03/11/2010 House Committee on Judiciary Refer Amended to Appropriations\n"]
["HB10-1348","Increase Oversight Radioactive Materials ","Monitor ","MCFADYEN / KESTER & ... ","Section 1 of the bill requires uranium mills, uranium processing facilities, and associated disposal facilities licensed for the disposal of radioactive waste originating outside of Colorado or the acceptance of classified material (uranium processing and disposal facilities) that have caused a release that exceeds groundwater standards to submit an annual report to the owners of wells located within a mile of the contaminated groundwater plume. Section 2 requires such facilities to submit an annual report to the department of public health and environment (department) regarding the adequacy of the facilities' financial assurance warranties, adjusts the applicable hearing procedures relating to the warranties, and prohibits the receipt of classified material at such a facility that disputes the department's proposed adjustment of a warranty unless the facility posts a cash bond equal to the amount in dispute. Section 3 amends the decommissioning fund to explicitly allow it to be used for uranium processing and disposal facilities. Sections 4 and 5 modify the procedural requirements, including public notice, that a uranium processing and disposal facility must meet for license applications, renewals, and amendments. Section 4 also: \n* Modifies the department's deadlines for determining such actions; and \n* Modifies the procedural requirements, including public notice, that such a facility must meet to receive, store, process, or dispose of classified material. ","CDOT has a number of pieces of equipment that currently have fees assessed. This bill continues those fees. ",null,"03/18/2010 House Committee on Transportation & Energy Refer Amended to House Committee of the Whole\n"]
["HB10-1349","Re-energize CO Renewable Elec For Parks ","Monitor ","FISCHER & ... / SCHWARTZ & ... ","Section 1 of the bill directs the governor's energy office or its designee to create an inventory and map of lands under the control of the department of natural resources or other state agencies that have potential to support the development of renewable resource generation projects to meet the electrical energy needs of the division of parks and outdoor recreation. Sections 2 and 3 authorize the executive director of the department of natural resources and the state land board, respectively, to include such lands among those suitable for acquisition or leasing for the purpose of allowing renewable energy generation projects to proceed. Section 1 also creates the re-energize Colorado program, under which the division of parks and outdoor recreation is encouraged to undertake renewable energy generation projects on state land to supply or offset all of its electrical energy needs by the year 2020. Finally, Section 1 authorizes a qualifying retail utility to waive some of the existing statutory limits placed on net metering and customer-sited generation projects for purposes of meeting this goal. Section 4 directs the public utilities commission to give the fullest possible consideration to projects under the re-energize Colorado program, especially where such projects offer good prospects for job creation and local economic growth, when considering the issuance of certificates of public convenience and necessity to utilities. ","The bill encourages the use of renewable energies located on state land. CDOT land may be included as having potential renewable energies. ",null,"02/16/2010 Introduced In House - Assigned to Transportation & Energy\n"]
["HB10-1357","False Claims Act ","Monitor ","MCFADYEN & ... / ROMER & ... ","The bill makes legislative findings and states legislative intent that the enactment of the bill qualifies the state for federal incentives and that a portion of the state's share of any recovery should be used to increase funding for the university of Colorado health sciences center (health sciences center). The bill authorizes a civil action by the state, a political subdivision, or a private person (relator) against a person who submits a false claim to the state or a political subdivision. It specifies penalties for submitting false claims. The bill establishes procedures if an action is commenced by a relator. It specifies percentages of recoveries that may be awarded as attorney fees. The bill establishes a private right of action against a person who retaliates against a relator because the relator takes lawful action in furtherance of a false claim action. It specifies requirements for a claim of and damages for retaliation against a relator. The bill establishes a statute of limitations for false claims. The bill establishes procedures for the attorney general to serve upon a person a civil investigative demand requiring the person to answer written or oral questions and to produce documents in the person's possession or control. The bill directs the state treasurer to transfer to the health sciences center false claims recovery cash fund 2% of any moneys received by the state due to a false claims action and specifies that moneys in the fund are to be appropriated to the health sciences center. The bill excludes from the transfer money received through an action in which the health sciences center was a defendant. ",null,null,"03/18/2010 House Committee on Judiciary Refer Amended to Appropriations\n"]
["SB10-001","Eliminate PERA's Unfunded Liability ","Monitor ","SHAFFER B. & ... / KERR A. ","The bill contains benefit and contribution changes to the benefit plans of the public employees' retirement association (PERA) to achieve Hudak, Johnston, Keller, Kester, Morse, Newell, Romer, Sandoval, Schwartz, Steadman, Tapia, Tochtrop, Whitehead, Williams a sound actuarial response to PERA's current financial situation. The bill makes changes to fully amortize the unfunded actuarial accrued liability of each of PERA's divisions and thereby reach a 100% funded ratio for each division within the next 30 years. The bill contains the following three main changes and several additional changes to accomplish the 100% funded ratio: 2% increase in the amortization equalization disbursement (AED). The AED is a contribution made by each PERA employer, in addition to the employer contribution, that was enacted by the general assembly as a means of improving the funded ratio of the retirement plans administered by PERA. The AED began in the 2006 calendar year and was 0.5% of each PERA employer's total payroll. The AED increased by 0.5% for the 2007 calendar year. For employers in all divisions of PERA, current law requires the AED to increase by an additional 0.4% in the 2008 through 2012 calendar years for a total AED equal to 3% of the employer's total payroll. The bill makes several modifications to the AED as follows: \n* For employers in the state, school, and DPS divisions only, the bill extends the annual increases in the AED through the 2017 calendar year. For each of those calendar years, the AED increases by 0.4% of the employer's total payroll. After the 2017 increase, the total AED for these 3 divisions will be 5% of the employer's total payroll. \n","This proposed bill will have an impact on individuals due to an increase in employees contributions to PERA. There would be no impact to the department in that CDOT currently process the employees PERA contribution and the only change would be to increase the amount. - Employee contributions come out of future salary increases. - Steps up the retirement age for non-vested (less than 5 years of service employees) and future increase for future hires thus creating 3 classes of employees with different retirement years based off new service requirements. Extends amortization equalization disbursement (AED) increases for employers in the state, school, and Denver Public Schools (DPS) divisions by 0.4% per year between 2013 and 2017, for an additional 2% of total payroll by 2017. ","No fiscal impact to CDOT. ","02/23/2010 Governor Action - Signed\n"]
["SB10-011","Workers' Comp Conflicts Of Interest ","Monitor ","CARROLL M. / MIKLOSI ","Interim Committee to Study Issues Related to Pinnacol Assurance. Section 1 of the bill requires a physician who has been proposed by the division of workers' compensation (division) in the department of labor and employment to perform an independent medical examination (IME) of an injured worker to disclose any business, employment, financial, or advisory relationship with an insurer or self-insured employer if a party requests the information. Section 1 gives a party to the IME process the right to obtain and review the information regarding any physicians proposed to conduct the IME prior to making a determination to eliminate one of the proposed physicians as an examiner. Section 1 also directs the director of the division to adopt rules as necessary to implement the disclosure requirements. Section 2 of the bill prohibits the payment of a financial incentive by an insurer, self-insured employer, or health care provider to deny or delay a workers' compensation claim, or to deny or delay medical care or payment for medical treatment for any such claim. Section 2 declares that a violation of its provisions constitutes bad faith and an unfair or deceptive practice in the business of insurance and subjects the person committing the violation to penalties under the unfair or deceptive insurance practices statutes, which may be up to $3,000 per violation, not to exceed an aggregate penalty of $30,000, or, in the case of knowing violations, up to $30,000 per violation, not to exceed an aggregate penalty of $750,000 annually. Section 2 also subjects persons violating its provisions to penalties under the \"Workers' Compensation Act of Colorado\". Section 3 prohibits a treating physician from communicating with the insurer or employer of an injured worker unless the injured worker is present or the communication is in writing and is provided to the injured worker. Section 4 specifies that contractual provisions that establish a reversionary interest in an insurer for indemnity benefits are void as against public policy. ","The proposed bill would limit the circumstances under which an employer can request surveillance, would impose fines for violations of the statute increasing costs to the claim, increases costs in that it provides for a hearing and also absent an increase in resources at the Division of Workers Compensation, would also add numerous hearings. Pinnacol opposes this bill based off concerns below: Additional costs would be incurred on a claim and the legal system will have additional work. This tool is used by our carrier on our workers compensation cases for claims management. • Bill does not address situations where surveillance is utilized as an investigatory tool to look into claims for reasons other than fraud. • Adds additional costs to the workers'' compensation system. • Could clog up the legal system. • Could slow down investigations, which often require a quick response. • Could constrain investigations allowing fraud to go undetected, which will eventually drive up premiums for all employers. ","No fiscal impact to CDOT. ","01/13/2010 Introduced In Senate - Assigned to Judiciary\n"]
["SB10-016","Modify Toll Evasion Notice Process ","Monitor ","WILLIAMS / VAAD ","Transportation Legislation Review Committee. The bill modifies the manner in which civil penalty assessment notices of toll evasion evidenced by automatic vehicle identification technology are provided to an owner of a vehicle so identified by: \n* Eliminating the requirement that a second civil penalty assessment notice be sent if the owner does not pay the civil penalty imposed by or otherwise respond to an initial civil penalty assessment notice; and \n* Increasing the length of time to pay or otherwise respond to an initial civil penalty assessment notice from 20 to 30 days. ","No direct policy impact as CDOT uses E-470 Administrative Process, however there may be a question of “Due Process”. ","Small net savings to the state due to change from certified to first class mail ($16,089 savings). ","03/19/2010 House Committee on Appropriations Refer Unamended to House Committee of the Whole\n"]
["SB10-029","Create Efficiencies In State & Local Gov ","Monitor ","PENRY / CURRY ","The bill creates efficiencies and cost savings in state and local government by: \n* Eliminating all duties of the office of the executive director of the department of local affairs and directing those duties and appropriations to the lieutenant governor; \n* Implementing a 2-year statewide hiring freeze that will require the governor or his or her designee to sign off on all new hires. All new hires must meet the test of being critical to protecting the life, health, or safety of Colorado residents. The governor shall provide the general assembly a monthly report of each new hire made in that month. \n* Eliminating all bonuses paid to any state employee for 2 years; \n* Reducing the personnel budget of the governor's office, the executive directors' offices, and the directors of each principal department's offices to 2005-06 fiscal year levels; \n* Reducing by 3% the number of all full-time equivalent state employees paid in whole or in part with general fund dollars within 5 years; \n* Requiring the governor to report in writing to the general assembly by April 1, 2010, regarding the consolidation of existing boards and commissions; \n* Authorizing the governor to repeal the Colorado commission on higher education and to direct any necessary responsibilities and appropriations to the lieutenant governor; \n* Requiring the governor to report in writing to the general assembly by April 1, 2010, regarding which agencies and departments perform similar or redundant functions and should be consolidated; \n* Limiting the governor's energy office to spending no more than 10% of its total budget on personnel; \n* Requiring that all executive branch expenditures on professional organization dues and memberships be made from gifts, grants, or donations and not from any general fund or cash fund appropriation, except from cash funds established for the purpose of receiving gifts, grants, and donations; \n* Requiring the state school board to strongly encourage school districts to create boards of cooperative services where feasible for the purpose of enabling 2 or more school districts to cooperate in furnishing services authorized by law and for consolidating central administrative services; \n* Requiring that all actions performed by an existing or newly created board of cooperative services that result in cost savings to the member school districts, as compared to the cost of the school districts performing the same actions individually, to be calculated, and requiring each member school district to remit to the state general fund an amount equal to 50% of the savings realized by the member school district. However, such amount shall not exceed the amount the member school district received as its state share of total program funding for the applicable budget year. \n* Requiring the governor to reduce by 10% the pay of all full-time equivalent state employees earning $125,000 or more annually, except employees of state institutions of higher education; \n* Requiring the controller to transfer from the general fund to the newly created general fund overflow reserve fund an amount that he or she calculates to be the equivalent of the total amount of general fund moneys appropriated in all bills that are vetoed by the governor, including any general fund line item appropriation in the general appropriation act that is line-item vetoed by the governor; \n* Removing the requirement that motor vehicles have a front license plate. ","Eliminating all duties of the office of the executive director of the department of local affairs and directing those duties and appropriations to the lieutenant governor; no impact to individual CDOT employees or the department. Implementing a 2-year statewide hiring freeze that will require the governor or his or her designee to sign off on all new hires. All new hires must meet the test of being critical to protecting the life, health, or safety of Colorado residents. The governor shall provide the general assembly a monthly report of each new hire made in that month. ","Hiring Freeze - based on current turnover rates and assuming direct Maintenance & Tunnel staff are exempted, the hiring freeze would reduce personnel expenditures by $4.1m in FY 2010-11 and $12.4m in FY 2011-12. 2.) No State Funds for Professional Memberships - Department would reduce operating expenditures $230k from State Highway Fund and $11k from State Aviation Fund. 3.) 10% reductions to staff salaries above $125k - Total personnel savings of $155,165 in FY 2010-11. and 4.) Reducing Executive Director. ","01/13/2010 Introduced In Senate - Assigned to State, Veterans & Military Affairs\n"]
["SB10-032","Allow Amendment To Existing IT Contracts ","Monitor ","TAPIA / LAMBERT ","Current law requires the consolidation of information technology resources under the office of information technology (office), but it does not permit the consolidation of such resources in existing contracts for information technology resources (contracts). Section 1 of the bill is a nonstatutory legislative declaration. Section 2 of the bill grants the office the authority, subject to certain conditions, to negotiate amendments to existing contracts through June 30, 2012. Contract amendments may include, but need not be limited to: \n* Expansion of the scope of a contract to include additional state agencies; \n* Extension of the term of a contract; and \n* Improvements to cyber security. The bill allows the office to review existing contracts to determine whether the state can improve the cost-effectiveness of its technology investments and ensure that the business needs of the state are met by amending such contracts. The bill establishes certain requirements for the negotiation of an amendment and permits the office to create processes and procedures for such negotiation. Section 3 of the bill exempts amendments to existing contracts from the requirements of the \"Procurement Code\". ","No policy impact to CDOT provided the following elements of the bill remain in place: 1. CDOT ED must approve of the action 2. Action can't create more cost to the dept. 3. OIT can't change the scope of work on the contract. ","Conditional positive fiscal impact to CDOT. Potential savings from contract amendments; resulting savings must be returned to CDOT. ","03/18/2010 House Third Reading Passed\n"]
["SB10-040","Motorcycle Safety Education Program Fund ","Monitor ","TOCHTROP / MERRIFIELD ","Section 2 of the bill creates a program to raise motorists' awareness of safely using the road with motorcycles, funded by using 5% of the motorcycle operator safety training fund. Section 1 limits the use of the motorcycle operator safety training fund moneys to providing motorcycle training tuition for students and travel reimbursement for instructors. In addition, section 1 sets a maximum tuition level. ","This bill would affect how CDOT's Office of Transportation Safety (OTS) administers MOST funding and the number of riders who can be trained. ","MOST is to provide low-cost training, but money used for motorist education would be counter to that purpose. Money raised by 5% would not be enough to make an impact with a statewide campaign. Motorist awareness is already a component of several current programs. ","02/17/2010 Introduced In House - Assigned to Transportation & Energy\n"]
["SB10-075","Military Vehicles License Plates ","Monitor ","WHITE / BAUMGARDNER ","Currently, the department of revenue assigns a motor vehicle a registration number that is displayed on the vehicle's license plate. This bill authorizes the owner of a collector military vehicle to use the military identification number as the vehicle's registration number unless it would create a duplicate number. If the military identification number is stenciled on the side of the vehicle and is the vehicle's registration number, the military vehicle will not be issued a license plate. If the vehicle is issued a license plate, the license plate may be kept in the vehicle instead of displayed on the outside. ","No policy impact. CDOT tracks to ensure that the fee comes to CDOT. ","This bill includes the standard $25 replacement fee for a special license plate, credited to the HUTF. ","02/26/2010 Introduced In House - Assigned to Transportation & Energy\n"]
["SB10-094","Art In Pub Places Define Appropriation ","Monitor ","STEADMAN / RICE ","Defines capital construction appropriation for purposes of the art in public places program administered by the state council on the arts. Tochtrop, Whitehead, Williams Massey, McFadyen, Merrifield, Middleton, Miklosi, Peniston, Ryden, Scanlan, Schafer S., Solano, Todd, Vigil ","This bill appears to only add a definition for capital construction appropriations for public construction projects. By definition in 24-80.5-101(2)(c), CRS, “’Public construction project’ means a capital construction project subject to the provisions of section 24-30-1303(3).” An exception for public roads and highways is provided in Section 24-30-1303(3)(a), CRS. This definition changes anything relative to CDOT roads, bridges and appurtenant structures, but may expand the definition to include a required contribution to public art for new building construction. ","Introduced bill would have led to a fiscal impact of roughly $45,000 per year of state highway funds spent on art acquisitions rather than on non-highway construction. Amended bill eliminates this fiscal impact. ","03/17/2010 Introduced In House - Assigned to Business Affairs and Labor\n"]
["SB10-103","Colorado State Parks License Plate ","Monitor ","SANDOVAL / BAUMGARDNER ","The bill creates the Colorado state parks special license plate. A person becomes eligible for the plate by donating $44 to the foundation for Colorado state parks. In addition to the normal motor vehicle fees, the plate requires 2 one-time fees of $25. One of the fees is credited to the highway users tax fund and the other to the licensing services cash fund. ","No policy impact. CDOT tracks to ensure the $25 comes to CDOT. ","Re-engrossed bill does not change the fiscal impact to CDOT. This bill includes the standard $25 replacement fee for a special license plate, credited to the HUTF. ","03/18/2010 House Committee on Transportation & Energy Refer Unamended to Appropriations\n"]
["SB10-110","Primary Seat Belt Law ","Support ","WILLIAMS / RYDEN ","Under current law, failure to wear a restraining device in a vehicle is a secondary offense. The bill makes failure to wear a restraining device in a vehicle a primary offense and punishable as a class B traffic infraction. For a law enforcement officer to stop a driver for a restraining device violation, the officer must clearly observe the restraining device violation and be able to articulate that the restraining device was unfastened. If a person charged with a restraining device violation produces a bona fide written statement by a physician certifying that physical disability makes restraint by a safety belt system inappropriate, the charge will be dismissed. The bill increases fines for restraining device violations. The bill modifies the age and height requirements for certain children who are otherwise required to be fastened in a child restraint system. The general assembly states its intent that the statutory prohibition against profiling be strictly observed by each law enforcement officer who stops or contemplates the stop of a motor vehicle driver for an alleged restraining device violation. ","Passage of Primary Seat Belt law would reduce fatalities on Colorado roadways. The next Federal Reauthorization could possibly have disincentives for states without Primary Seatbelt law. ","As the language making seatbelt violations a primary offense has been removed, the revised bill is not sufficient to make Colorado eligible for the financial incentives set forth in Section 406 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (P.L. 109-59). Therefore, there is now no fiscal impact to CDOT from this bill. ","03/18/2010 Senate Third Reading Passed\n"]
["SB10-112","Workers' Compensation Ins Rate Setting ","Monitor ","KOPP / SWALM ","The bill modifies 3 areas of current law regarding rate setting for workers' compensation insurance. First, under current law, when an insured employer agrees to pay a deductible as part of its workers' compensation insurance policy, the carrier is allowed to determine the amount of offset to apply to the insured employer's premium based on the deductible. Section 1 of the bill requires the carrier to give the insured employer credit against the premium for the full amount of the deductible. With regard to rate filings by workers' compensation rating organizations, section 2 of the bill makes the complete recommendations and supporting materials of the rating organization and the independent actuary employed by the commissioner of insurance (commissioner), including any rationale for rate changes, available to the public. Finally, section 3 of the bill requires the commissioner to use a competitive bid process when selecting and licensing rating organizations for workers' compensation rates that are effective on or after January 1, 2012. ","The bill would propose that the Insurance Commission hire an actuary to review premiums for worker’s compensation in the market to see if they are fair, reasonable and in keeping with best business practices in the industry. The end result is that there should be no adverse impact to individuals or the department. ","No fiscal impact to CDOT. ","03/16/2010 House Third Reading Passed\n"]
["SB10-114","Taxpayer Transparency Act Of 2010 ","Monitor ","CARROLL M. / WEISSMANN ","The bill extends the application of the \"Colorado Open Records Act\" (CORA) to all writings made, maintained, or kept by any entity that receives public moneys or performs a governmental or other public function and that relate to the receipt of the public moneys or the performance of that function. Each contract for the performance of a governmental or other public function entered into on or after the effective date of the bill shall specify that the records and files relating to the costs or any performance measures under the contract that are made, maintained, or kept by any entity that is a party to the contract shall be open for public inspection in accordance with CORA. This does not require a private entity to make any materials available for inspection that do not relate to the contract for the performance of a governmental or other public function. ","The amended Senate Bill 10-114 would require the Department of Transportation (CDOT) to post each contract it enters into on the Department’s website except for portions of contracts that are not subject to disclosure per state or federal law. CDOT manages several hundred contracts related to construction projects (all of which are performed by the private sector) and to the procurement of a wide variety of supplies ranging from asphalt and structural steel for our maintenance crews to regular office supplies for our business offices. ","The main source of the fiscal impact to CDOT from the amended bill is the process required in proposed Section 24-101-401 (2) (e), C.R.S. to work with contractors to identify and redact certain portions of contracts that the contractor attests are not subject to disclosure pending a formal determination of the applicability of an exemption. The Department would require an appropriation of 0.5 FTE, $38,707 in FY 2009-10 and $26,245 in FY 2010-11 to the Department’s Administration line item. These are the costs related to the Procurement section which is annually appropriated by the General Assembly. The remaining costs for the Contracts section may be allocated by the Colorado Transportation Commission from the continuous spending authority granted to the Commission from the Department’s Construction, Maintenance, and Operations line item. ","03/12/2010 Introduced In House - Assigned to State, Veterans, & Military Affairs\n"]
["SB10-116","Change Orders On Public Works Contracts ","Monitor ","KOPP / RICE & ... ","The bill adds a required clause to any contract between a public entity and a contractor or designer for a public works project. The new clause requires the public entity to pay the contractor on a periodic basis for any costs incurred by the contractor for work performed until the change order is finalized. Pommer, Riesberg, Soper, Vaad ","CDOT has always had provisions in our contracts to allow for all it addresses and CDOT has always met the intentions of this bill. Only minor modifications to the contracts and maybe a short construction bulletin to help CDOT be more proactive would be necessary. ","The amendments to this bill cause no fiscal impact to CDOT. ","03/16/2010 House Third Reading Passed\n"]
["SB10-123","Secretary Of State On-line Publications ","Support ","MORSE / LABUDA ","Committee on Legal Services. The bill 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. The bill also authorizes the Colorado register to include public notices that are not related to rule-making. ","This bill allows state agencies to amend NPRM, post informational documents and file other information with the SOS during the rulemaking process. CDOT should support these changes because it makes the filing process more open to the general public. These changes are the result of the SOS seeking changes a user group proposed. I am a member of the user group. Impact on CDOT is favorable. I am the primary contact. ","This is favorable. No fiscal impact. Operationally the impact is that it makes rulemaking better because we can change our NPRM, post informational public announcements, etc on the SOS website and general public get those notices. ","03/18/2010 House Third Reading Passed\n"]
["SB10-145","Require Fixed Guideway Feasibility Study ","Monitor ","ROMER / MCCANN ","The bill requires the high-performance transportation enterprise to study the feasibility of entering into a public-private partnership to develop, construct, and operate a rail fixed guideway system between the Auraria higher education center and the Anschutz medical campus of the university of Colorado at Denver. If, after the study is completed, a special district is formed for the purpose of financing, developing, constructing, and operating such a system, the bill requires $4 of each road safety surcharge paid by vehicle owners who reside within one mile of the system route to be paid to the special district. ","This bill requires the High Performance Transportation Enterprise (HPTE) to study the feasibility of placing a rail fixed guideway system within the US 40 (Colfax Avenue) corridor between the Auraria Higher Education Center and the Anschutz Medical Center at the University of Colorado Health Sciences Center at Fitszimons in Aurora. ","This bill would dedicate $4.00 from the annual road safety surcharge on vehicles registered in a zone within one mile of the proposed streetcar route to the special district. The bill does not specify how this carve-out would affect the existing statutory distribution of road safety surcharges between the State Highway Fund, municipalities, and counties, therefore the Department reads this provision as meaning that the $4.00 would come “off-the-top” before any formula distributions are made. This would effectively reduce State Highway Fund revenue by $2.40 per vehicle registered in the zone, counties would receive $0.88 less per vehicle, and municipalities would receive $0.72 less per vehicle. The Department defers to the Department of Revenue for an estimate of how many vehicles are registered within one mile of the proposed streetcar route. The study required by the bill will likely cost around $1.0 million. ","02/04/2010 Introduced In Senate - Assigned to Transportation\n"]
["SB10-146","PERA Contribution Rates ","Monitor ","KELLER / POMMER ","Budget Package Bill. The employer and member contribution rates for the public employees' retirement association (PERA) are specified in statute. For the 2010-11 state fiscal year only, the bill decreases the employer contribution rate for employers in the state and judicial divisions of PERA by 2.5% and increases the member contribution rate for employees in the state and judicial divisions of PERA by 2.5%. The contribution rates will be changed as follows: \n* For the state division, except state troopers, the employer contribution rate is decreased from 10.15% to 7.65% of salary and the member contribution is increased from 8% to 10.5% of salary. \n* For state troopers, the employer contribution rate is decreased from 12.85% to 10.35% of salary and the member contribution rate is increased from 10% to 12.5% of salary. \n* For the judicial division, the employer contribution rate is decreased from 13.66% to 11.16% of salary and the member contribution rate is increased from 8% to 10.5% of salary. The bill does not impact the employer or member contribution rates for any of the other divisions of PERA. ","The bill decreases the employer contribution rate for employers in the state divisions of PERA by 2.5% and increases the member contribution rate for employees in the state divisions of PERA by 2.5%. ","This bill will save CDOT an amount equal to 2.5% of payroll for FY 2010-11, or roughly $4.5 million. Most of the savings will accrue to the State Highway Fund. ","03/11/2010 House Third Reading Passed\n"]
["SB10-148","Transfer Of Enterprise Facility To OIT ","Monitor ","WHITE / LAMBERT ","The bill transfers management responsibilities of the enterprise facility for operational recovery, readiness, response, and transition services (enterprise facility) from the department of state to the office of information technology in the office of the governor. The bill also develops a timeline to transfer the funding of the enterprise facility from the department of state cash fund to the information technology revolving fund over a period of 4 years. ",null,"No direct fiscal impact to CDOT, however in out-years the funding for this facility will transfer from the Department of State Cash Fund to the OIT revolving fund, which may impact indirect billings to CDOT. ","03/18/2010 House Third Reading Passed\n"]
["SB10-166","Lease-purchase Building Agreements ","Monitor ","BACON / RIESBERG & ... ","Capital Development Committee. Current law requires a lease-purchase agreement for real property that requires total payments in excess of $500,000 to be approved by a bill other than the general appropriation bill or a supplemental appropriation bill. The bill authorizes the executive director of the department of personnel (executive director), separately or in conjunction with the state board of land commissioners or another person, to enter into a lease-purchase agreement for real property and associated personal property if, at the time the agreement is executed, specified factors exist, including: \n* The amount of the rent appropriated for the state agency to be located in the building plus any anticipated rent from private persons exceeds the amount of annual costs for lease-purchase payments, operating costs, maintenance costs, and all other lease-purchase costs; and \n* The plan for the transaction is approved by the office of state planning and budgeting and the capital development committee of the general assembly. The bill specifies terms that must be and may be included in the lease-purchase agreement. Moneys appropriated to state agencies for rent are to be transferred to the lease-purchase servicing account within the capital construction fund. Moneys in the account shall only be used for the costs of a building subject to a lease-purchase agreement. If private tenants are to be in the building, the executive director is authorized to hire a building manager or lease the space to a private person. Moneys received from private tenants are to be credited to the lease-purchase rental cash fund and shall only be used to pay the costs of the building. ","CDOT is mentioned in the exceptions, this bill will be monitored for possible amendments that could effect CDOT ","No fiscal impact to CDOT. ","03/19/2010 Senate Second Reading Passed\n"]
["SB10-173","Commercial Vehicle Left Lane Speed ","Monitor ","GIBBS / SCANLAN ","The bill prohibits driving a vehicle with a gross vehicle weight rating of more than 26,000 pounds in the left lane of I-70 on a grade of 6% or more, except when necessary to obey a traffic control device, enter or exit I-70, or when the weather or heavy traffic slows speeds. The department of transportation will post signs notifying drivers of the restriction. The bill also prohibits the department of transportation from setting a speed limit for a class of motor vehicle that is more than 25 miles per hour less than the limit for another class of motor vehicle. ","This bill would prohibit commercial vehicles with GVW in excess of 26,000 pounds from operating in the left lane of certain portions of I-70 under certain conditions, and requires CDOT to post signs notifying the motoring public. The bill also forbids CDOT from posting a speed limit for commercial vehicles or other classes of vehicles that is more than 25 mph lower than the highest authorized speed for any other class of vehicle in that segment of I-70. ","Potential significant impacts due to the requirement to signpost complicated, conditional restrictions on the use of I-70. Having consulted with Region 1 and Staff Maintenance, OFMB staff is the opinion that a static sign could not suficiently display all of the information required by the bill and that a variable message solution is required. Staff is currently working with ITS staff to identify the capital and operating costs of complying with this bill. Installation costs are likely to be $2.2 million at a minimum. ","02/26/2010 Introduced In Senate - Assigned to Transportation\n"]
["SB10-184","I-70 Mountain Corridor Trans Demand Mgmt ","Monitor ","ROMER & ... / SCANLAN & ... ","The bill: \n* Authorizes the high-performance transportation enterprise to enter into a transportation demand management contract with the department of transportation to relieve traffic congestion during peak travel times in a specified portion of the interstate 70 mountain corridor by providing and operating reversible highway lanes within that portion of the corridor; \n* Specifies that, if a feasibility study of a moveable barrier system on interstate 70 is completed and demonstrates that such a system is viable and that life safety issues can be addressed, a transportation demand management contract shall establish, at a minimum, the goal of beginning the provision and operation of reversible highway lanes no later than January 1, 2011; and \n* Further specifies that a transportation demand management contract may authorize the high-performance transportation enterprise to enter into single-fiscal year or multiple-fiscal year operating lease agreements or capital lease or lease-purchase agreements with a private contractor as needed to provide and operate the reversible highway lanes. ","This bill authorizes the High Performance Transportation Enterprise (HPTE) to enter into a “Transportation Demand Management Contract” with the Department of Transportation (CDOT) whereby the Department would compensate the HPTE for providing and operating reversible highway lanes on Interstate 70 between Floyd Hill and the Eisenhower-Johnson Memorial Tunnels. The bill also authorizes the HPTE to enter into lease agreements with a private contractor as needed to provide and operate the reversible highway lanes. ","This bill causes no fiscal impact to the Department or the HPTE. ","03/11/2010 Introduced In Senate - Assigned to Transportation\n"]