2012 Budget
Bill # Short TitleSponsorsBill SummaryMost Recent StatusCalendar NotificationNews Links
HB12-1009Federal Funds Transparency Act GEROU / LAMBERT H.B. 12-1009 Federal moneys - annual reporting requirements - departments and agencies. The act modifies the information that each department and agency of the executive branch is required to provide in an annual report to the state controller regarding all federal moneys received by the department or agency. A state institution of higher education is excluded from the new reporting requirements. APPROVED by Governor April 16, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause. 04/16/2012 Governor Action - Signed
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HB12-1044Start-up Colo Technology Transfer Grant Program FERRANDINO The bill establishes the start-up Colorado technology transfer grant program (program). The purpose of the program is provide grants of up to $750,000 to offices of technology transfer to help further the commercialization of technology projects and discoveries in Colorado, which will, in turn, lead to the creation of Colorado jobs. The start-up Colorado technology transfer cash fund, not to exceed $5 million, is also created. The program is repealed, effective July 1, 2015. 04/17/2012 House Committee on Appropriations Postpone Indefinitely
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HB12-1061The Skills For Jobs Act KAGAN H.B. 12-1061 Higher education - report - credential production - workforce projections. The act requires the department of higher education (department), in consultation with the department of labor, the department of regulatory agencies, and any other entity the department deems appropriate, to produce, within the limits of available resources and data, an annual report regarding state workforce projections and education credential production. The report will show the workforce needs that are not being met by state degree and certificate programs and identify institutions, public or private, that may be able to address those workforce needs through new programs or expansion of existing ones. The department will send the report to every public postsecondary governing board in the state and will work with the department of education to provide the report to the state's public school districts, the Colorado charter school institute, and Colorado private elementary, middle, and high schools. The act repeals July 1, 2016. APPROVED by Governor April 2, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause. 04/02/2012 Governor Action - Signed
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HB12-1072Higher Ed Prior Learning Assessments MASSEY / BACON H.B. 12-1072 Higher education - institutions - academic credit for prior learning. Beginning with the 2013-14 academic year, the act requires each public institution of higher education to adopt and make public a policy or program to determine academic credit for a student's prior learning. Additionally, the act permits a nonpublic institution of higher education that is accredited by an accrediting agency or association approved by the United States department of education to participate in the review conducted by the department of higher education (department) to determine if the institution's core course requirements comply with the department's general education course guidelines. APPROVED by Governor March 24, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause. 03/24/2012 Governor Action - Signed
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HB12-1081Operations Auraria Higher Education Center DURAN / STEADMAN H.B. 12-1081 Auraria higher education center. The act clarifies numerous statutory sections that concern the operations of the Auraria higher education center, including, among others, capital construction, risk management, and lease-purchase agreements. APPROVED by Governor May 24, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause. 05/24/2012 Governor Action - Signed
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HB12-1109Budget Cuts To Provide More Public School Funding MCKINLEY For the fiscal year 2012-13, the bill requires the general assembly to reduce the total state general fund appropriations to the legislative branch, the judicial branch, and each executive department, excluding the department of health care policy and financing and the department of education, by an amount equal to the general fund appropriations to the respective branch or department for the fiscal year 2011-12 multiplied by the current rate of unemployment as of March 1, 2012. The bill also requires the state treasurer on January 1, 2013, to transfer an amount equal to the total reduction in general fund appropriations to the state education fund. 04/19/2012 House Second Reading Laid Over Daily
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HB12-1113Preferences In State Public Contracts LEE Preference where contract to be performed by mostly Colorado residents. On and after July 1, 2012, if a state agency (agency) or governmental body (body) issues an invitation for bids or a request for proposals for a construction contract for a public project (construction contract) or for a services contract that is, in either case, worth more than $500,000, the agency or body must grant a 3% preference to the bidder or offeror (contractor) if the contractor certifies that at least 90% of the employees who will perform the requirements of the contract are Colorado residents. With respect to a construction contract, an agency or body must also grant a contractor who receives the 3% preference:
* An additional 1% preference if the contractor certifies that it offers health care and retirement benefits to the employees who will perform the contract requirements; and
* An additional 1% preference if the contractor certifies that the employees who will perform the contract requirements have access to a federally qualified apprenticeship training program. With respect to a services contract, an agency or body must also grant a contractor who receives the 3% preference an additional 2% preference if the contractor certifies that it offers health care benefits and retirement benefits to the employees who will perform the requirements of the contract. An agency or body may not allow any of the preferences to a noncompliant contractor, and the contractor may not use the preference to satisfy a minimum requirement of a contract. A contractor that seeks a preference for a bid or offer must certify its eligibility for the preference to the agency or body that issued the invitation for bids or request for proposals. The agency or body may rely on the certification but may also require the contractor to submit substantiating documentation or other information needed to verify the contractor's eligibility for the preference. The executive director of the department of personnel (department) must promulgate rules for the administration of each preference, including processes for a contractor to certify and an agency or body to verify the contractor's eligibility for the preference. Veterans' preference. When a contract for supplies or services is to be awarded though competitive sealed bidding or through competitive sealed best value bidding, the bill requires an amount equal to 2.5% of the bid price to be subtracted from the bid of each bidder that is a veteran or a veteran business. When a contract for supplies, services, or professional services is to be awarded through a request for competitive sealed proposals, the bill requires that one of the evaluation factors stated in the request is whether the offeror is a veteran or a veteran business. The relative weight assigned to the offeror's status as a veteran or as a veteran business is 2.5%. The bill defines "veteran" to mean a person who is a resident of the state of Colorado, who was separated under honorable conditions, and who, other than for training purposes, served in any branch of the armed forces of the United States, including, without limitation, service in the armed forces reserve or National Guard, and "veteran business" to mean a continuing independent, for-profit business located in the state in which one or more veterans hold an ownership interest of at least 51%. The bill requires any person that requests a veterans' preference to complete an application for the purpose of certifying the person's status as a veteran or a veteran business. Upon the satisfaction of the department of personnel (department) that the person is entitled to the preference, the department is required to issue the person a distinctive identification number that, when submitted as part of a bid, offer, or other purchasing documents, entitles the person to the preference. Any person who has obtained the necessary certification is required to notify the department within 30 days after the occurrence of any event that affects the person's ability to qualify as a veteran business, including, without limitation, a change in the ownership of the business. If the department determines that a person that received a preference no longer satisfies the requirements applicable to a veteran business at any time during the pendency of the contract, the executive director of the department (executive director) may reject the bid or offer submitted by the person or assess a civil penalty against the person. The department is required to revoke the certification of a veteran business for a period of not less than 12 months upon making a determination that the business has failed to notify the department of a change in the status of the business. During the 12-month revocation period, a veteran business whose certification has been revoked may submit a bid or offer on a state contract but is not eligible for the preference. The bill specifies the manner in which certification may be restored after the completion of the revocation period. The bill specifies penalties that are applicable if the department determines that a person has made a material misrepresentation or otherwise committed a fraudulent act in obtaining a veterans' preference. Any person against whom the department has imposed a sanction may apply to the executive director for a review of the decision. The executive director or the executive director's designee has the authority to promulgate rules to implement the veterans' preference. 
02/22/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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HB12-1142New PERA Employee Defined Contribution Plan Choice DELGROSSO In addition to its defined benefit plan, the public employees' retirement association (PERA) administers a defined contribution retirement plan. The law currently allows only specified state employees to participate in PERA's defined contribution plan. The bill would allow all employees who are members of PERA to participate as well. Newly eligible employees would be given an initial period to elect to join the defined contribution plan. Thereafter, the existing law governing participation and termination of membership in the defined benefit and contribution plans would control. 03/23/2012 House Committee on Appropriations Postpone Indefinitely
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HB12-1145State Personnel Total Compensation Policies BRADFORD The bill makes the following changes to the total compensation laws affecting state employees:
* A statutory provision specifying that state employees are typically hired at the minimum rate in a pay grade unless there is a showing of recruiting difficulty or other unusual condition is amended to specify that employees are typically hired at the mid rate.
* References to the "annual compensation report" and "annual compensation survey" are changed to the "total compensation report" and "total compensation survey". The total compensation report of the state personnel director is required to be published every 2 years instead of every year.
* A provision governing the manner in which holidays and paid leave are counted for certain employees performing essential services is repealed.
* The children of employees are considered dependents for group benefit purposes up to the age of 26, unless the United States supreme court finds the federal "Patient Protection and Affordable Care Act" to be unconstitutional, in which case the current statutory provisions defining children as dependents will be reinstated. 
03/01/2012 House Committee on Economic and Business Development Postpone Indefinitely
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HB12-1150PERA Seven Year Highest Average Salary Calculation PRIOLA / LAMBERT Current law averages the 3 highest annual salaries of a member of the public employees' retirement association when calculating that member's retirement benefit amount. The bill increases the number of highest annual salaries used from 3 to 7 for members who are first eligible to retire on or after January 1, 2013. 04/12/2012 Senate Committee on Finance Postpone Indefinitely
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HB12-1155Improvements In College Completion MASSEY / BACON H.B. 12-1155 Admissions - basic skills - performance contracts - authorization of private postsecondary institutions - private occupational schools board - appropriation. Under the act, the Colorado commission on higher education (commission) in establishing academic admission standards for state institutions of higher education (institutions) may take into account the rigor of a student's high school courses. The act clarifies the commission's authority to adopt a policy concerning basic skills courses (policy) and directs the commission to ensure the policy is aligned with the academic admission standards. The policy sets the procedures for identifying students who need basic skills courses and procedures by which institutions offer those courses. In setting the standards for basic skills requirements, the commission may differentiate the mathematics requirements based on a student's chosen area of study. While only certain institutions may provide basic skills courses, the commission may authorize other institutions to provide supplemental academic instruction for students who enroll in general education, college-level courses but are identified as having limited skill deficiencies. A student who requires basic skills courses must complete the courses by the time the student completes 30 college-level credit hours. The commission will ensure that the student receives written notice identifying the state institutions that offer the basic skills courses and the approximate cost and availability of the courses. Under the act, the department of higher education (department) will provide its annual report concerning higher education student enrollment and persistence to the department of education, which will post the report on its web site, and the department will distribute student records to the appropriate school districts. The commission has authority to establish each institution's role and mission and to enter into performance contracts with each institution. The act clarifies that the commission must refer to an institution's role and mission and service area as necessary to interpret, with the institution's governing board, the implications of the role and mission and service area for the institution's performance contract. The act directs the commission, in preparing its recommendations on a performance funding model for institutions, to analyze the effects of differentiated Colorado opportunity fund stipend amounts and of limiting the funding for credit hours taken in excess of a certain limit. The act extends the performance contract for the Colorado school of mines (contract) expiration date to the date on which the governor signs a joint resolution passed during the 2013 legislative session to approve a renegotiated contract. The new contract will take effect the day after the joint resolution is signed and will continue in effect until the date on which the governor signs a joint resolution passed during the 2023 legislative session to approve the next contract. For guidelines for general education courses for all public institutions of higher education in the state, the act allows the department and the commission, in consultation with the institutions, to make allowances for baccalaureate programs that have additional degree requirements. The act makes several changes to the existing statutes concerning authorization of private colleges and universities and seminaries and bible colleges (private institutions) in the state, including changing the term "bible college" to "religious training institution". The changes generally clarify the types of institutions that are subject to authorization and specifically require the commission and the department to set procedures for authorizing, renewing, and revoking the authorizations for private institutions. The commission must also set the amount of the fees that a private institution pays for the administration of the authorization process, including a separate fee if a private institution seeks approval of an educator preparation program. Each private institution must also report specified student information. Each private institution must obtain authorization for each campus, branch, or site that is separately accredited and operates in Colorado. Authorizations for private colleges and universities are based on the institution's accreditation and are subject to renewal every 3 years or on the same schedule that applies for renewing the institution's accreditation, whichever is longer. Authorizations for seminaries and religious training institutions are based on whether the institution continues to meet the definition for seminary or religious training institution. The act clarifies the process and standards for renewing authorizations and the conditions and procedures under which the commission may revoke a private institution's authorization or place the authorization on probationary status. The act requires a private institution that ceases operation to turn its records over to the department, authorizes the commission to seek a court order to seize the records in certain circumstances, and makes the records subject to the open records statutes. The department must keep the records for specified periods. Private colleges or universities that meet specified criteria are not required to file a surety or to otherwise demonstrate financial integrity. Each private college or university that does not meet the criteria must demonstrate financial integrity based on evidence that it meets other criteria. If the private college or university cannot demonstrate financial integrity, it must post surety in a specified amount, which surety may be in the form of a bond, that the commission can use to reimburse students for a loss of tuition or fees or to provide services if the institution ceases to operate in Colorado or a student files a claim against the institution. If a private college or university that does not post surety ceases operations in the state, the attorney general may file a claim on behalf of students to recover any unearned, prepaid tuition. Seminaries and religious training institutions are not required to meet any of the criteria, demonstrate financial integrity, or file a surety. The department must maintain a list of authorized private institutions and establish a process for reviewing and acting on complaints against a private institution. The commission may negotiate reciprocal agreements with other states to assist in implementing authorizations for private institutions. The act changes the terms of members appointed to the private occupational schools board (board) so that fewer members will be appointed at one time. Under the act, a student enrolled in a private occupational school who has a complaint against the school must first exhaust any complaint procedures that the school has in place before filing a complaint with the board. For the 2012-13 fiscal year, the act appropriates to the department $75,500 cash funds from fees paid by private institutions. APPROVED by Governor June 4, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause. 06/04/2012 Governor Action - Signed
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HB12-1166Track Utility Data High Performance State Building JONES / BACON The bill requires each state agency or department to use commercial utility tracking software to monitor, track, and verify utility vendor bill data pertaining to its state-assisted facilities and annually report to the office of the state architect any necessary information, as determined by the state architect, that the state agency or department uses to ensure that the increased initial costs of the high performance standard certification are recouped. The annual report must also include information related to building performance based on the state-assisted facility's utility consumption. The bill also removes existing law that allows a state-assisted facility to be exempted from complying with the high performance standard requirements for extenuating circumstances that might exist. 02/22/2012 House Committee on Transportation Postpone Indefinitely
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HB12-1246Reverse Payday Shift State Employees Paid Biweekly BECKER / HODGE Joint Budget Committee. As a result of the payday shift effected by Senate Bill 03-197, payment to state employees who are paid on a biweekly basis is delayed from late June to the first working day in July each year. Commencing with the 2012-13 state fiscal year, the bill reverses the payday shift for state employees who are paid on a biweekly basis so that such employees will be paid in June in accordance with their regular 2-week payment schedule. 04/16/2012 Governor Action - Signed
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HB12-1247Reduce Tobacco Settlement Accelerated Payments GEROU / STEADMAN Joint Budget Committee. Current law requires over 90% of the allocations of tobacco litigation settlement moneys (settlement moneys) for tobacco programs to be made through payments of settlement moneys received in the same fiscal year in which they are allocated (accelerated payments). Because the state receives settlement moneys in the last quarter of each fiscal year, it uses general fund moneys as working capital to operate tobacco programs until it receives each year's settlement moneys. This de facto loan of general fund moneys creates a risk of loss to the general fund if the settlement moneys received in any given fiscal year are substantially lower than anticipated, which might occur if, for example, the state lost an ongoing legal dispute with tobacco manufacturers. To reduce the risk of loss to the general fund, the bill annually reduces the amount of accelerated payments. The bill offsets the reduction by repealing the short-term innovative health program grant fund, which currently receives 6% of Tier 2 settlement program allocations, and requiring the additional tobacco litigation settlement cash fund moneys made available by the elimination of the grant fund to be used to supplement annual allocations of settlement moneys. 03/22/2012 Governor Action - Signed
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HB12-1249State Auditor's Office Tobacco Settlement Funding GEROU / STEADMAN Joint Budget Committee. Current law requires the general assembly to annually appropriate 0.1% of the tobacco litigation settlement moneys received by the state (settlement moneys) to the office of the state auditor for the costs of conducting program reviews and evaluations of the performance of tobacco settlement programs. The funding comes out of and proportionally reduces the amount of settlement moneys received by all tier 1 tobacco settlement programs reviewed and evaluated during a fiscal year. Beginning with the 2012-13 fiscal year, the bill replaces the 0.1% appropriation with an annual allocation to the state auditor's office of $89,000 of settlement moneys. The new funding comes out of and reduces by $89,000 the amount of settlement moneys annually received by the short-term innovative health program grant fund. 03/24/2012 Governor Action - Signed
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HB12-1252Transparency Of Higher Ed Financial Information NIKKEL / SPENCE Currently, the state's revenues and expenditures that are included in the state's official book of record are included in a free, searchable web-based system that is known as the transparency on-line project. A state institution of higher education's transactions are not included in the state's official book of record, and, accordingly, its revenues and expenditures are not included in the web-based system. The bill requires each state institution of higher education to develop, maintain, and make publicly available a searchable, on-line revenue and expenditure database. A state institution is required to include and exclude in its database the same information relating to each revenue and expenditure transaction that the department of transportation is required to include in its revenue and expenditure database. In addition to requiring transparency of all employee salaries anonymously, for each professor, a state institution is required to include information related not only to salary, but also the number of classes the professor personally taught, benefits paid by the institution, travel-related expenses, and grants received. For purposes of the bill, a "state institution of higher education" is defined to mean a public postsecondary institution that is governed by:
* The board of governors of the Colorado state university system;
* The board of regents of the university of Colorado;
* The board of trustees of the Colorado school of mines; or
* The board of trustees of the university of northern Colorado. The web-based system is required to include a link to all on-line databases. 
05/07/2012 House Second Reading Special Order - Laid Over Daily with Amendments
NOT ON CALENDARHouse has its Lobato debate
HB12-1309Colorado Mandatory E-verify Act SWALM / KING K. Under current law, employers are required to examine, and retain records of examining, the legal work status of new employees. The bill enacts the "Colorado Mandatory E-verify Act", which requires all employers in the state, by January 1, 2013, to instead participate in the federal electronic verification program (e-verify program) for purposes of verifying the work eligibility status of all new employees hired by an employer. Employers are subject to fines of up to $5,000 for a first offense and up to $25,000 for a second offense for failing to participate in the e-verify program. For subsequent offenses, an employer is subject to a fine of up to $25,000 and a 6-month suspension of the employer's business licenses. The department of labor and employment (department) must notify employers via quarterly electronic publications and post a notice on its web site explaining the requirements of the act to employers. Additionally, the bill requires the secretary of state, in consultation with the department, to include information about the requirements of the act on its web site. 05/08/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole
NOT ON CALENDARColorado Legislature busy on business bills as regular session ends
HB12-1321Modernization Of The State Personnel System Act FERRANDINO / JOHNSTON The state personnel system (system) is established in the state constitution. The following changes are contingent upon the voters approving an amendment to the constitutional provisions related to the system in 2012:
* Merit principles. The bill makes changes to reflect that appointments and promotions will be based on a comparative analysis of candidates based on objective criteria instead of competitive tests of competence. Section 9 of the bill requires the state personnel director (director) to develop evaluation and examination procedures, describes a comparative analysis and its acceptable forms, and makes conforming amendments related to the change.
* Exemptions. Section 12 of the bill requires the director to establish procedures to approve the exemption of an employee from the state personnel system pursuant to the newly created constitutional exemptions.
* Rule of 6. Section 9 of the bill makes changes to reflect that the number of persons eligible for appointment within the system is increased from the 3 highest persons on the eligible list to the 6 highest.
* State personnel board. Section 5 makes conforming amendments to reflect the constitutional changes related to the state personnel board and eliminates language that duplicates constitutional language.
* Temporary employment. Section 10 of the bill reflects the new constitutional limit on the length of temporary employment and establishes a 4-month waiting period between temporary appointments for the same position. For persons within the state personnel system, the bill replaces the performance awards with merit pay. Section 6 of the bill establishes the following features of the merit pay system:
* The purpose of the merit pay system is to provide salary increases for employees in the state personnel system based on performance evaluations and salary positions within the appropriate salary range;
* The initial system must include quartiles for the salary range distribution and 3 performance categories, but the director may change the number of distribution zones or performance categories based on a biennial review;
* The director shall establish one or more priority groups of employees that have priority to receive merit pay based on available moneys;
* An institution of higher education is permitted to enact its own merit pay system;
* Merit pay is subject to available appropriations;
* The general assembly is required to appropriate any moneys for merit pay in the personal services line item;
* The director must include information about merit pay in the annual compensation report and recommendations; and
* The state employee reserve fund is created with separate accounts for each principal department. If a department does not expend all of the moneys in its operating or personal services line item appropriation, the treasurer is required to transfer an amount equal to the unused appropriation to the department's account. Moneys in a department's account are continuously appropriated to the department to be used for merit pay, but the director of the office of state planning and budgeting must approve such use. In addition, section 8 of the bill requires each department to include the costs of merit pay as part of the costs of personal services in the annual departmental budget requests. Conforming amendments related to merit pay are included in sections 4, 7, and 13 of the bill. Section 11 of the bill makes the following changes related to persons in the system who are separated from state service due to lack of work, lack of funds, or reorganization:
* Bumping rights, which allow a separated employee to take the job from a person with less seniority, are limited to those persons who, as of January 1, 2013, are within 5 years of being eligible for full retirement;
* The director is required to establish by rule procedures for the separation and demotion of certified employees who do not have bumping rights, which procedures give consideration to performance evaluations and seniority;
* All departments are required to consider placing an employee who would otherwise be separated into a funded, vacant position for which the employee is qualified; and
* The director is required to create a layoff plan that may be used by a department to provide postemployment compensation or other benefits to a separated employee, which may include a hiring preference, health benefits, educational training, and severance pay. Section 3 of the bill establishes an exception for the postemployment compensation authorized by the layoff plan established by the director from the current prohibition on such compensation to any government-supported official or employee. The changes related to merit pay, bumping rights, and severance awards are not contingent on the voters approving an amendment to the state constitution. 
06/06/2012 Governor Action - Signed
NOT ON CALENDAREmployed by the state? A merit raise could be in your future
HCR12-1001State Personnel System FERRANDINO & ... / JOHNSTON & ... *** No bill summary available *** 05/08/2012:48 AM 04:10 Signed by the President of the Senate
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SB12-001Contracting Preferences For Employing Coloradans HUDAK / DURAN On and after July 1, 2012, if a state agency (agency) or governmental body (body) issues an invitation for bids or a request for proposals for a construction contract for a public project (construction contract) or for a services contract that is, in either case, worth more than $1 million, the agency or body must grant a 3% preference to the bidder or offeror (contractor) if the contractor certifies that at least 90% of the employees who will perform the requirements of the contract are Colorado residents. With respect to a construction contract, an agency or body must also grant a contractor who receives the 3% preference:
* An additional 1% preference if the contractor certifies that it offers health care and retirement benefits to the employees who will perform the contract requirements; and
* An additional 1% preference if the contractor certifies that the employees who will perform the contract requirements have access to a federally qualified apprenticeship training program. With respect to a services contract, an agency or body must also grant a contractor who receives the 3% preference an additional 2% preference if the contractor certifies that it offers health care benefits and retirement benefits to the employees who will perform the requirements of the contract. An agency or body may not allow any of the preferences to a noncompliant contractor, and the contractor may not use the preference to satisfy a minimum requirement of a contract. A contractor that seeks a preference for a bid or offer must certify its eligibility for the preference to the agency or body that issued the invitation for bids or request for proposals. The agency or body may rely on the certification but may also require the contractor to submit substantiating documentation or other information needed to verify the contractor's eligibility for the preference. The executive director of the department of personnel must promulgate rules for the administration of each preference, including processes for a contractor to certify and an agency or body to verify the contractor's eligibility for the preference. 
04/25/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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SB12-004Preference For US Materials In Public Contracts FOSTER / MIKLOSI Any state agency (agency) that issues an invitation for bids or a request for proposals on or after July 1, 2012, for the purchase of materials, supplies, products, provisions, or equipment for which an appropriation or expenditure of moneys is reasonably expected to exceed $1 million in the aggregate is required to provide to a bidder or offeror (contractor) that responds to the invitation for bids or request for proposals a preference in an amount equal to 1% of the bid price, which is to be subtracted from the bid of each contractor that certifies that it has undertaken best efforts to ensure that such materials, supplies, products, provisions, or equipment are manufactured in the United States. The preference allowed pursuant to the bill may not be awarded to a contractor that fails to meet the requirements of the bill, and the preference may not be used to satisfy any applicable minimum requirements of the contract. The preference is only allowed if:
* The materials, supplies, products, provisions, or equipment that are manufactured in the United States are equal in quality to any such items that are manufactured outside the United States;
* The materials, supplies, products, provisions, or equipment that are manufactured in the United States are able to be manufactured in sufficient quantities to satisfy the requirements of the invitation for bids or request for proposals; and
* The cost of the materials, supplies, products, provisions, or equipment that are manufactured in the United States does not exceed the cost of such items manufactured outside the United States by more than 5%. Any contractor that seeks allowance of a preference made available under the bill must certify to the agency that issued the invitation for bids or request for proposals that the contractor is eligible for the preference. The agency may rely on certification provided by the contractor but may also require the contractor to submit additional information to verify the contractor's eligibility for the preference. The agency is responsible for verifying that the contractor has satisfied all applicable requirements and is, therefore, eligible for the preference. The bill requires the executive director of the department of personnel or the executive director's designee to promulgate rules for the administration of the preference, including a process for a contractor to certify that it satisfies all requirements necessary for allowance of the preference and for an agency to verify that the contractor satisfies such requirements. The bill specifies that nothing in its terms is intended to contravene any existing treaty, law, agreement, or rule of the United States. No preference shall be granted under the bill if the preference would contravene any treaty, law, agreement, or rule of the United States. 
05/10/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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SB12-015Creating Optional Category Of Higher Ed Tuition GIRON Unless the governing board of an institution of higher education (institution) adopts a policy stating that it will not offer standard-rate tuition, the bill requires an institution of higher education to classify a student, other than certain foreign students or trainees defined in federal law, as a standard-rate student for tuition purposes so long as the student:
* Attended a public or private high school in Colorado for 3 or more years immediately preceding the date the student graduated from a Colorado high school or earned a general educational development certificate (certificate) in Colorado; and
* Is admitted to an institution in Colorado within 12 months after graduating from high school or earning a certificate. The bill provides a one-year exception to the eligibility requirements for a student who meets all of the eligibility requirements but was not admitted to an institution within 12 months after graduating from high school or earning a certificate. The exception is repealed after one year. A student applying for the tuition classification who does not have documentation of lawful immigration or nationality status shall submit an affidavit to the institution stating that he or she is requesting documentation of, has applied for, or will be applying for, lawful status as soon as he or she is eligible. The information contained in the affidavit is confidential and is a protected education record of the student. A student classified as a standard-rate student is not eligible for a college opportunity fund stipend or for any state-funded, need-based financial aid. Eligibility for the tuition classification is not based upon residency. A student classified as a standard-rate student for tuition purposes shall not be counted as a resident, and the tuition classification shall not be deemed to establish residency or domicile for any purpose. A student paying standard-rate tuition shall pay the student's share of in-state tuition plus an amount equal to the college opportunity fund stipend awarded to in-state students. Verification of lawful presence in the United States is not required for persons applying for the tuition classification. 
04/25/2012 House Committee on Finance Postpone Indefinitely
NOT ON CALENDARGOP Lawmakers Challenge Hickenlooper On Subsidized Tuition For Illegal Alien Students
Metro State College of Denver OKs tuition cut for illegal immigrants
SB12-082PERA Retirement Age Same As Social Security HARVEY A person's qualification to receive a retirement benefit from social security is based upon the person's age. Currently, the age requirement is between the ages of 65 and 67, depending on the person's birth date, for full retirement and 62 for reduced retirement. A person's qualification to receive a retirement benefit from the public employees' retirement association (PERA) is currently based on the person's age, when the person started employment with a PERA employer, and the number of years of service credit the person has earned. For a new PERA employee hired on or after January 1, 2013, the bill makes the eligibility requirement to receive a PERA retirement benefit the same as the requirement to receive a retirement benefit from social security at the time the employee commences employment. 02/09/2012 Senate Committee on Finance Postpone Indefinitely
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SB12-085Reducing General Fund Expenditures MITCHELL Returns eligibility and services in medicaid and the children's basic health plan to the 2006 level by:
* Repealing eligibility for certain qualified aliens and their children, certain children in foster care, persons in the medicaid buy-in program, and childless adults;
* Lowering the income level for parents of children eligible for medicaid from 100% to 60% of the federal poverty line;
* Eliminating 12 months of continuous eligibility for children;
* Replacing advanced practice nurses services with nurse-midwife services;
* Repealing from the list of optional services eligible for reimbursement under medicaid: Over-the-counter medications; outpatient substance abuse treatment; cervical cancer immunization for females under 20 years of age; screening, brief intervention, and referral to treatment for individuals at risk of substance abuse; and alternative therapies for persons with spinal cord injuries.
* Eliminating presumptive eligibility for children and certain persons eligible for long-term care; and
* Lowering the income level for eligibility under the children's basic health plan from 250% to 205% of the federal poverty line. The bill makes conforming amendments. 
02/09/2012 Senate Committee on Health and Human Services Postpone Indefinitely
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SB12-111Full-time Equivalent Employees Dept Reporting HODGE / LEVY S.B. 12-111 Full-time equivalent employees - departmental reports. The act makes the following changes to a departmental report related to full-time equivalent employees (FTEs): The report will be prepared on an annual basis; A department is not required to reconcile the number of positions authorized with the number of payroll warrants issued; The department of higher education is to report the number of positions authorized at each institution of higher education; and Each department will submit its reconciliation or report to the department of personnel, and the department of personnel will submit the report to the office of state planning and budgeting and the joint budget committee. APPROVED by Governor March 19, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause. 03/19/2012 Governor Action - Signed
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SB12-112Full-time Equivalent Employees Definition HODGE / LEVY S.B. 12-112 Annual general appropriation act - headnote - definition - full-time equivalent employee. For purposes of the headnote definition used in the annual general appropriation act, the definition of full-time equivalent employee (FTE) generally means the budgetary equivalent of a permanent position that is filled for at least 2,080 hours per year. The act allows the hours per year to be adjusted to account for the actual number of work hours in a given fiscal year. APPROVED by Governor March 19, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause. 03/19/2012 Governor Action - Signed
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SB12-114Disputed Tobacco Settlement Payments To Gen Fund LAMBERT / LEVY S.B. 12-114 Tobacco litigation settlement - disputed payments - expansion of definition. Before the enactment of this act, the law had required all tobacco litigation settlement disputed payments to be credited to the state general fund, but it would not have required any disputed payments to be so credited in the future because it defined "disputed payments" to include only payments received by the state between July 1, 2008, and June 30, 2011. The act expands the definition of "disputed payments" to include all payments received by the state on or after July 1, 2008, that otherwise meet the criteria for being disputed. APPROVED by Governor March 19, 2012 EFFECTIVE March 19, 2012 03/19/2012 Governor Action - Signed
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SB12-119PERA Fiscal Sustainability NEVILLE / HOLBERT The bill requires the board of the public employees' retirement association (PERA) to adjust the provisions governing service credit, service retirement, benefit amounts, annual benefit increases, and other benefit requirements for each PERA division when the amortization period for the division exceeds 30 years or when indicated by actuarial experience. The board is required to make the adjustments as equitably as possible and only to the extent necessary to maintain the long-term actuarial soundness of each trust fund. Adjustments shall be calculated to make each trust fund actuarially sound within one year of implementing the adjustment. The board and the general assembly are prohibited from increasing the combined rate of member contributions, employer contributions, amortization equalization disbursements, and supplemental amortization equalization disbursements above the combined rate of such contributions and disbursements authorized by law as of December 31, 2011. 02/09/2012 Senate Committee on Finance Postpone Indefinitely
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SB12-140Generally Accepted Accounting Principles State Gov GRANTHAM The bill requires the state controller, not later than January 1, 2014, to devise and maintain for all of the executive departments and agencies of state government a comprehensive budgeting, accounting, and reporting system in conformity with generally accepted accounting principles applicable to state governments. To guide the executive departments and state agencies in their use of this system, contemporaneously with the implementation of the system, the bill requires the controller to publish the components of such system and any applicable standards in an accounting procedures manual. 02/16/2012 Senate Committee on Finance Postpone Indefinitely
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SB12-150State Treasurer Auth To Manage State Financing SCHWARTZ / SONNENBERG S.B. 12-150 State treasurer - authority to manage state public financing - rules. In order to provide more centralized management of the state's public financing structure, section 1 of the act requires the state treasurer to act as the issuing manager for certain approved issuances or incurrences of financial obligations by the state acting by and through any state agency. Section 1 also: Specifies that the state treasurer has the sole discretion to manage the issuance or incurrence of such financial obligations, except for certain financial obligations of state institutions of higher education, subject to the criteria established in a state public financing policy to be promulgated as required; With respect to any state financial obligation, requires the state treasurer to, at minimum, determine the financing structure and term, decide the market timing, and select or hire, as applicable, the state financing team; Requires a state agency to provide written notice to the state treasurer of any anticipated issuance or incurrence of a financial obligation; Requires a state agency to provide the state treasurer with the information that the state treasurer considers necessary to act as the issuing manager for the issuance or incurrence of financial obligations and to comply with federal and state securities laws and contractual covenants; Requires the state treasurer, in performing his or her duties as the issuing manager, to consider any relevant factors that he or she considers necessary to protect the financial integrity of the state; Clarifies that the state treasurer is the elected representative and signatory for all forms required by the internal revenue code to be filed in connection with issuances or incurrences of financial obligations by the state acting by and through a state agency; Requires the state treasurer to collaborate with the state controller, the office of state planning and budgeting, bond counsel, the attorney general, and the capital development committee in developing and then promulgating by rule a state public financing policy and provides a list of items that must minimally be included in the policy; Requires all state institutions of higher education to report specific information to the state treasurer related to financial obligations, the principal amount of which is one million dollars or more, that the treasurer does not manage on an institution's behalf; Requires the department of transportation to report specific information to the state treasurer related to financial contracts or instruments; On and after July 1, 2012, requires the issuance or incurrence of every financial obligation that the state treasurer manages to include a specified amount to be paid to the state treasurer and credited to the state public financing cash fund, to be used to reimburse the state treasurer for verifiable costs incurred in performing or overseeing the state's primary issuance compliance and post-issuance compliance responsibilities over the term of a financial obligation; and Requires the state treasurer to create and maintain a correct and current inventory of all state-owned real property that is used as leased property or as collateral in any type of financial obligation. The state treasurer must annually provide a copy of the inventory to the capital development committee. Section 2 of the act requires a certain group of state agencies to notify the state treasurer when they enter into agreements for an exchange of interest rates, cash flows, or payments as provided in law. Section 3 of the act requires a qualified charter school to provide the state treasurer with certain information when the state treasurer authorizes expenditures from the state charter school debt reserve fund or the state charter school interest savings account of the fund. The act decreases an appropriation made to the department of personnel for the 2012-13 fiscal year by $42,961 and 0.5 FTE for the implementation of the act. APPROVED by Governor May 24, 2012 EFFECTIVE May 24, 2012 05/24/2012 Governor Action - Signed
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