2-3-101. Legislative audit committee - membership - meetings - powers and duties.

(1) There is hereby created a legislative audit committee, hereinafter referred to as the "committee". The membership of the committee shall consist of four senators, two from each major political party, to be appointed by the president of the senate with the approval of a majority of the members elected to the senate and four representatives, two from each major political party, to be appointed by the speaker of the house of representatives with the approval of a majority of the members elected to the house of representatives. Appointments to the committee shall be made no later than sixty days after the convening of the first regular session of the general assembly held in each odd-numbered year. Membership on the committee shall terminate with the appointment of a member's successor or upon the termination of a member's term of office in the general assembly, whichever occurs first, and any member may be appointed to succeed himself on the committee. Vacancies in the committee's membership shall be filled in the same manner as original appointments; except that the approval of the members elected to the general assembly is not necessary if any such appointment is made when the general assembly is not in session.

(2) The committee shall select its chairman and vice-chairman from among its membership, and it shall prescribe its own rules of procedure. The committee may appoint subcommittees from the membership of the general assembly and other persons to assist the committee in carrying out its functions. The committee may meet as often as may be necessary to perform its functions, but it shall meet at least once in each quarter of the calendar year.

(3) It is the function of the committee:

(a) To examine persons applying for the position of state auditor as to qualifications and ability but without regard to political affiliation and, after consultation with the executive committee, to place the names of the most qualified candidates in nomination before the general assembly for the position of state auditor;

(b) To review the activities and reports of the state auditor relating to postaudits of the financial transactions and accounts of all departments, institutions, and agencies of the state government and of other public agencies and to submit its recommendations thereon to the general assembly, the governor, and other interested officials at such times as the committee considers necessary;

(c) To keep minutes of its meetings which shall be available to all members of the general assembly upon request and to allow any member of the general assembly to attend any of the meetings of the committee and to present his views on any subject which the committee may be considering;

(d) To conduct such other activities as may be required by law or by joint resolution of the general assembly;

(e) Upon receipt of the investigation report as provided in section 24-50.5-106, C.R.S., to direct the state auditor to conduct a preliminary investigation to determine the need for a fiscal audit, performance audit, or management study of the matter set forth in such report. Upon receipt of the preliminary report from the state auditor, the committee may direct an immediate special audit or management study of the matter or may provide that such study shall be done in accordance with the scheduled audit of the agency cited in such report. Upon completion of any special audit or management study pursuant to this paragraph (e), the committee shall submit its findings to the governor and the members of the general assembly.

(f) To review enterprise designations of auxiliary facilities or groups of auxiliary facilities which are submitted to the office of the state auditor pursuant to the provisions of section 23-5-101.5, C.R.S., to ensure that such designations conform to the requirements of section 23-5-101.5, C.R.S., and to the provisions of section 20 of article X of the state constitution, to determine which, if any designations, shall be allowed to expire pursuant to section 23-5-101.5, C.R.S., and to recommend to the general assembly such legislation regarding such designations as may be necessary; and

(g) To review any enterprise designation of the student loan division that is submitted to the office of the state auditor pursuant to the provisions of section 23-3.1-103.5, C.R.S., to ensure that the designation conforms to the requirements of section 23-3.1-103.5, C.R.S., and to the provisions of section 20 of article X of the state constitution, to determine whether the designation shall be allowed to expire pursuant to section 23-3.1-103.5, C.R.S., and to recommend to the general assembly such legislation regarding the designation as may be necessary.

(4) Members of the committee shall be reimbursed for necessary expenses in connection with the performance of their duties and shall be paid the same per diem as other members of interim committees in attendance at meetings.

Source: L. 65: p. 152, § 1. C.R.S. 1963: § 3-21-1. L. 79: (3)(c) and (3)(d) amended and (3)(e) added, p. 967, § 2, effective June 15. L. 81: (3)(b) amended, p. 339, § 1, effective April 30. L. 88: (3)(a) amended, p. 305, § 3, effective May 23. L. 93: (3)(d) and (3)(e) amended and (3)(f) added, p. 1826, § 9, effective June 6; (3)(a) amended, p. 2107, § 6, effective June 9. L. 94: (3)(e) and (3)(f) amended and (3)(g) added, p. 99, § 1, effective March 18.

Cross references: For necessary expenses and per diem allowances to committee members, see § 2-2-307.

2-3-102. State auditor - qualifications and appointment - term of office.

The state auditor shall be a certified public accountant licensed to practice in this state. He shall be appointed without regard to political affiliation by a majority vote of the members elected to and serving in each house of the general assembly to serve for a term of five years and until his successor is appointed and qualified, with the first such term beginning on July 1, 1966. If a vacancy occurs in the position of state auditor, the committee may designate a temporary state auditor who shall exercise and perform all of the powers and duties that are by law to be exercised and performed by the state auditor until a replacement is appointed by the general assembly.

Source: L. 65: p. 153, § 2. C.R.S. 1963: § 3-21-2. L. 77: Entire section amended, p. 255, § 1, effective May 18.

2-3-103. Duties of state auditor.

(1) It is the duty of the state auditor to conduct or cause to be conducted postaudits of all financial transactions and accounts kept by or for all departments, institutions, and agencies of the state government, including educational institutions, and the judicial and legislative branches, to conduct performance postaudits thereof, and to perform similar or related duties with respect to such political subdivisions of the state as may be required by law. Postaudits of all financial transactions and accounts may be conducted on a biennial basis.

(2) The state auditor shall prepare for the committee reports and recommendations on the postaudits conducted, and, under the direction of the committee, he shall prepare an annual report to contain, among other things, copies of or the substance of audit reports on the various departments, institutions, and agencies as well as a summary of recommendations made in regard thereto. All reports shall be open to public inspection except for that portion of any report containing recommendations, comments, and any narrative statements which is released only upon the approval of a majority vote of the committee.

(3) The state auditor shall keep a complete and accurate set of records on the fiscal transactions of the state auditor's office, and shall also keep a complete file of copies of all audit reports, including work papers, and copies of examinations, investigations, and any other reports or materials issued by the state auditor, the state auditor's staff, or by the committee. The work papers of the office of the state auditor shall be open to public inspection only upon approval of a majority of the members of the committee. Only the specific work papers that the committee votes to approve for disclosure shall be open to public inspection. Work papers that have not been specifically approved for disclosure by a majority vote of the committee shall remain confidential. Under no circumstances shall the work papers be open to public inspection prior to the completed report being filed with the committee.

(4) All expenses incurred by the office of the state auditor, including salaries and expenses of employees, shall be paid upon vouchers signed by the chairman of the committee and drawn on funds appropriated for legislative expenses and allocated to the office of the state auditor; except that any payroll voucher or any other voucher which does not exceed one thousand dollars may be signed by the state auditor or by his authorized designee.

(5) It is the duty of the state auditor to annually evaluate the investments of the public school fund and report to the committee any loss of principal of such fund which, in his judgment, exists.

(6) Repealed.

(7) Upon a determination by the state auditor that the provisions of section 20-1-112, C.R.S., have not been met, the state auditor shall cause to be conducted a postaudit of any noncomplying office of district attorney. The expenses of such a postaudit shall be borne by the office of district attorney.

(8) The state auditor shall review or cause to be reviewed all enterprise designations submitted to the office of the state auditor pursuant to the provisions of sections 23-3.1-103.5 and 23-5-101.5, C.R.S., to ensure that such designations conform to the requirements of section 23-3.1-103.5 or 23-5-101.5, C.R.S., whichever is applicable, and to the provisions of section 20 of article X of the state constitution. In addition, the state auditor shall recommend to the legislative audit committee those designations, if any, which, in the opinion of the state auditor, should be allowed to expire and shall otherwise assist the legislative audit committee in reviewing the enterprise designations submitted to the office of the state auditor.

Source: L. 65: p. 154, § 3. C.R.S. 1963: § 3-21-3. L. 69: p. 94, § 1. L. 73: p. 670, § 1. L. 77: Entire section amended, p. 1056, § 5, effective May 18. L. 81: (1) and (3) amended, p. 340, § 1, effective March 27. L. 83: (6) added, p. 375, § 1, effective June 1. L. 86: (1) amended, p. 401, § 1, effective March 20; (6) repealed, p. 937, § 3, effective July 1. L. 89: (7) added, p. 945, § 1, effective April 4; (2) amended, p. 332, § 1, effective April 7. L. 93: (3) amended, p. 14, § 1, effective March 2; (8) added, p. 1826, § 10, effective June 6. L. 94: (8) amended, p. 100, § 2, effective March 18.

Am. Jur.2d. See 72 Am. Jur.2d, States, Territories, and Dependencies, § 77.

C.J.S. See 81A C.J.S., States, § 247.

2-3-103.5. Deputies.

The state auditor, with the approval of the committee, may appoint one or more deputy state auditors, not to exceed three in number, pursuant to section 2-3-104. In the case of the temporary absence or incapacity of the state auditor, the committee may designate a deputy to exercise and perform all or any portion of the powers and duties of the state auditor which are by law exercised and performed by the state auditor, and, unless and until such designation is made by the committee, the state auditor may so designate such deputy.

Source: L. 77: Entire section added, p. 255, § 2, effective May 18.

2-3-103.7. Disclosure of reports before filing.

(1) Any state employee or other individual acting in an oversight role as a member of a committee, board, or commission who willfully and knowingly discloses the contents of any report prepared by or at the direction of the state auditor's office prior to the release of such report by a majority vote of the committee as provided in section 2-3-103 (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars.

(2) This section shall not apply to necessary communication of employees of the state auditor's office or employees of any person contracting to provide services for the state auditor's office with those persons necessary to complete the audit report or with other state agencies involved with comparable reports.

Source: L. 79: Entire section added, p. 296, § 1, effective July 1. L. 89: (1) amended, p. 332, § 2, effective April 7.

2-3-104. Salary and staff of state auditor.

The state auditor shall be paid a salary to be determined by the executive committee, as provided in section 2-3-303 (3). The state auditor, with the approval of the committee, may appoint such additional professional, technical, clerical, or other employees or contract for such services necessary to perform the functions assigned to the state auditor. No more than three members of the staff of the state auditor shall be exempt from the state personnel system.

Source: L. 65: p. 154, § 4. C.R.S. 1963: § 3-21-4. L. 88: Entire section amended, p. 305, § 4, effective May 23. L. 93: Entire section amended, p. 2107, § 7, effective June 9. L. 94: Entire section amended, p. 1624, § 10, effective May 31.

C.J.S. See 81A C.J.S., States, § 247.

2-3-105. Transfer of employees. (Repealed)

Source: L. 65: p. 154, § 5. C.R.S. 1963: § 3-21-5. L. 81: Entire section repealed, p. 342, § 9, effective March 27.

2-3-106. Bond. (Repealed)

Source: L. 65: p. 155, § 6. C.R.S. 1963: § 3-21-6. L. 81: Entire section repealed, p. 342, § 9, effective March 27.

2-3-107. Authority to subpoena witnesses - access to records.

(1) For the purposes of this part 1 the committee has the power to subpoena witnesses, take testimony under oath, and to assemble records and documents, by subpoena duces tecum or otherwise, with the same power and authority as courts of record and may apply to courts of record for the enforcement of these powers. The sheriff of any county shall serve any subpoena on written order of the committee in the same manner as process is served in civil actions. Witnesses subpoenaed to appear before the committee shall receive the same fees and expenses as witnesses in civil cases.

(2) (a) Notwithstanding any provision of law to the contrary, the state auditor or his or her designated representative shall have access at all times, except as provided by sections 39-1-116, 39-4-103, and 39-5-120, C.R.S., to all of the books, accounts, reports, vouchers, or other records or information in any department, institution, or agency, including but not limited to records or information required to be kept confidential or exempt from public disclosure upon subpoena, search warrant, discovery proceedings, or otherwise. When accessing confidential health records, the state auditor shall determine the necessity of accessing personal identifying health information for the purpose of achieving the audit objectives.

(b) Nothing in this subsection (2) shall be construed as authorizing or permitting the publication of information prohibited by law. Notwithstanding the approval of the committee to release work papers of the office of the state auditor pursuant to section 2-3-103 (3), no information required to be kept confidential pursuant to any other law shall be released in connection with an audit. In addition to the penalty established in section 2-3-103.7, any person who unlawfully releases confidential information shall be subject to any criminal or civil penalty under any applicable law for the unlawful release of the information.

(c) Any officer or employee who fails or refuses to permit such access or examination for audit or who interferes in any way with such examination is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than one month nor more than twelve months, or by both such fine and imprisonment.

(3) In verifying any of the audits made, the state auditor shall have the right to ascertain the amounts on deposit in any bank or other depository belonging to any department, institution, or agency required to be audited, and he shall have the right to audit said account on the books of any such bank or depository. No bank or other depository shall be liable for making available to the state auditor any of the information required under the provisions of this subsection (3).

Source: L. 65: p. 155, § 7. C.R.S. 1963: § 3-21-7. L. 2006: (2) amended, p. 1195, § 1, effective May 25.

Cross references: For fees and expenses of witnesses in civil cases, see §§ 13-33-102 and 13-33-103; for the authority of legislative council to compel attendance of witnesses and procedure therefor, see § 2-3-306; for the authority of the general assembly to compel attendance of witnesses, see § 2-2-313.

C.J.S. See 81A C.J.S., States, § 247.

2-3-108. Special audits.

Any member of the general assembly or the governor may request the committee to direct a special audit of any department, institution, or agency, and, upon the vote of the majority of the committee approving such request, the state auditor shall make or cause to be made such audit.

Source: L. 65: p. 156, § 8. C.R.S. 1963: § 3-21-8.

2-3-109. Emergency reports.

(1) If the state auditor finds in the course of an audit evidence of improper practices of financial administration or inadequacy of fiscal records, he shall report the same immediately to the committee. With the approval of the committee, the state auditor shall also report the same to the governor and the head of any department, institution, or agency affected thereby.

(2) If the state auditor in the course of an audit finds evidence of apparently illegal transactions or misuse or embezzlement of public funds or property, he shall immediately report such transactions to the committee; moreover, with the approval of the committee, he may file a written copy of such report with the governor but shall give notice thereof to the district attorney of the district wherein such transactions are reported to have taken place.

Source: L. 65: p. 156, § 9. C.R.S. 1963: § 3-21-9. L. 81: Entire section amended, p. 340, § 2, effective March 27.

2-3-110. Reimbursement of state auditor for certain audits - disclosure.

(1) When the state auditor is required by law or the state constitution to audit or cause to be audited a state department, institution, or agency or other governmental or organizational entity for self-supporting or nonappropriated activities, including but not limited to enterprises as defined in section 20 (2) (d) of article X of the state constitution, associated students' accounts, auxiliary enterprise funds, nonprofit corporations, trust funds, contracts with the federal government, federal grants-in-aid, or federal assistance programs, moneys from the state general fund shall not be used to pay for the cost of the audit, and the state auditor shall be reimbursed for the audit services by the entity for which the audit is in whole or in part performed.

(2) The reimbursement amount from such entity shall be a pro rata share of the total state auditor's cost, based upon a time-spent factor, if the total audit of the entity includes the audit of state-appropriated funds. If state-appropriated funds are not involved in such audits, the reimbursement shall be not less than the average hourly cost of the operations of the state auditor's office nor more than the average rate attainable from certified public accounting firms performing similar services for this state. Reimbursement charges may be negotiated with the state auditor's office within the above limitations.

(3) The state auditor shall disclose the amount of fully reimbursed audit services in the annual financial statements of the legislative department.

Source: L. 71: p. 111, § 1. C.R.S. 1963: § 3-21-11. L. 2005: (1) amended and (3) added, p. 1516, § 2, effective May 5.

Cross references: For the state auditor's duties, see § 49 of art. V, Colo. Const.

2-3-111. Office of state auditor - conduct audit of juvenile justice system - repeal. (Repealed)

Source: L. 91: Entire section added, p. 202, § 1, effective July 1.

Editor's note: Subsection (5) provided for the repeal of this section, effective January 1, 1993. (See L. 91, p. 202.)

2-3-112. Prevention programs - programmatic review. (Repealed)

Source: L. 96: Entire section added, p. 1157, § 1, effective January 1,1997. L. 2000: Entire section repealed, p. 585, § 7, effective May 18.

2-3-113. Programs that receive tobacco settlement moneys - program review.

(1) As used in this section:

(a) "Master settlement agreement" means the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver.

(b) "Tobacco settlement program" means any program that receives appropriations from moneys received by the state pursuant to the master settlement agreement.

(2) Beginning January 1, 2002, it is the duty of the state auditor to conduct or cause to be conducted program reviews and evaluations of the performance of each tobacco settlement program to determine whether the program is effectively and efficiently meeting its stated goals. The entity conducting the reviews, in measuring the effectiveness of a program, shall apply, at a minimum, the evaluative research data received pursuant to the tobacco-related and tobacco-focused research grant program created pursuant to part 2 of article 20 of title 23, C.R.S. The program reviews and evaluations shall subject all tobacco settlement programs to audit, whether operated directly by a state agency or by a private entity or by a local government agency.

(3) The state auditor may contract with one or more public or private entities to conduct the program reviews and evaluations and prepare the annual executive summary reports required in subsection (5) of this section.

(4) The joint budget committee staff, the legislative council staff, the office of legislative legal services, and the department of public health and environment shall work with the state auditor's office in conducting the program reviews and evaluations of tobacco settlement programs.

(5) Beginning December 15, 2002, the state auditor's office shall first submit to the legislative audit committee and then to the governor, the attorney general, the department of public health and environment, the joint budget committee, and the health and human services committees of the senate and the house of representatives, or any successor committees, reports on the program reviews and evaluations of tobacco settlement programs performed pursuant to subsection (2) of this section. In addition, the state auditor's office shall submit to the health and human services committees of the senate and the house of representatives, or any successor committees, and to the department of public health and environment an annual executive summary of the program reviews and evaluations.

(6) The legislative audit committee shall design a schedule for reviewing tobacco settlement programs to ensure that each program is reviewed and evaluated as deemed necessary by the committee after consultation with the state auditor.

(7) (a) Beginning with the 2006-07 fiscal year and for each fiscal year thereafter, the general assembly shall appropriate to the state auditor's office one-tenth of one percent of the total amount of moneys received by the state pursuant to the master settlement agreement in the most recently completed calendar year for the costs incurred by the state auditor's office in implementing the requirements of this section. The amount appropriated to the state auditor's office pursuant to this subsection (7) shall come from a proportionate reduction in the amounts annually received by each tobacco settlement program from the tobacco litigation settlement cash fund:

(I) That is reviewed pursuant to this section; and

(II) That receives an amount identified as a percentage of the moneys received pursuant to the master settlement agreement in the prior fiscal year pursuant to section 24-75-1104.5 (1), C.R.S.

(b) Any unencumbered moneys appropriated from moneys received pursuant to the master settlement agreement remaining with the state auditor's office at the end of any fiscal year shall be transferred to the tobacco litigation settlement trust fund created in section 24-22-115.5, C.R.S.

Source: L. 2000: Entire section added, p. 593, § 3, effective May 18. L. 2003: (7) amended, p. 1665, § 1, effective July 1. L. 2006: (5) and (7) amended, p. 1032, § 1, effective May 25; (6) amended, p. 315, § 1, effective August 7.

2-3-114. State records management - duties of state auditor.

(1) For purposes of this section, unless the context otherwise requires:

(a) "Agency" means every department, institution, and agency of state government, including educational institutions and the judicial and legislative branches.

(b) "Records" shall have the same meaning as set forth in section 24-80-101 (1), C.R.S., and shall include a "record" as defined in section 24-71.3-102 (13), C.R.S.

(2) The state auditor shall conduct records management audits of every agency on a periodic basis as determined by the state auditor. Such records management audits shall be conducted separately or in connection with an agency audit conducted pursuant to section 2-3-103.

(3) The executive director of the department of personnel or the director's designee shall, in consultation with the state archivist, provide the state auditor with guidelines by September 1, 2001, for determining whether an agency is:

(a) Managing its records in compliance with the administrative and technical procedures for records maintenance and management established pursuant to section 24-80-102 (3), C.R.S.; and

(b) Improving the general accessibility of the records in the agency's custody.

Source: L. 2001: Entire section added, p. 75, § 1, effective August 8. L. 2005: (1)(b) amended, p. 760, § 8, effective June 1.

2-3-115. Use of state education fund moneys for school capital construction - audits - reports.

(1) For the 2001-02 school district budget year and each school district budget year thereafter, for the purpose of determining the amount of state education fund moneys expended by each school district in the state for capital construction and identifying the schools and projects on which school districts expended such moneys, the state auditor shall annually examine the records of each school district in the state that received state education fund moneys for the budget year:

(a) Directly from the department of education for capital construction aid to qualified charter schools, as defined in section 22-54-124 (1) (f.6), C.R.S., in accordance with section 22-54-124 (4), C.R.S.; or

(b) For budget years 2000-01 through 2006-07, indirectly from the school capital construction expenditures reserve created in section 22-54-117 (1.5) (a) (I), C.R.S., as said reserve existed prior to July 1, 2008, and for the budget year 2007-08, indirectly from the school capital construction expenditures reserve fund, as said fund existed prior to July 1, 2008.

(2) No later than February 1 of each school district budget year commencing on or after July 1, 2002, the state auditor shall report to the education committees of the senate and the house of representatives, the legislative audit committee, and the joint budget committee of the general assembly:

(a) The total amount of state education fund moneys that districts throughout the state expended for capital construction and the amount of state education fund moneys that each district expended for capital construction during the prior budget year;

(b) The total amount of state education fund moneys that qualified charter schools throughout the state expended for capital construction and the amount of state education fund moneys that each qualified charter school throughout the state expended for capital construction during the prior budget year;

(c) For budget years 2000-01 through 2006-07, the total amount of state education fund moneys received indirectly from the school capital construction expenditures reserve, as said reserve existed prior to July 1, 2008, and for the budget year 2007-08, the total amount of state education fund moneys received indirectly from the school capital construction expenditures reserve fund, as said fund existed prior to July 1, 2008, by districts throughout the state and by each district that were expended for capital construction during the prior budget year;

(d) The schools and projects on which state education fund moneys were expended;

(e) For budget years 2000-01 through 2006-07, the balances of all moneys and all state education fund moneys in the school capital construction expenditures reserve, as said reserve existed prior to July 1, 2008, as of the immediately preceding January 1, and for the budget year 2007-08, the balances of all moneys and all state education fund moneys in the school capital construction expenditures reserve fund, as said fund existed prior to July 1, 2008, as of the immediately preceding January 1; and

(f) The total pupil enrollment of all school districts in the state in which state education fund moneys were expended for capital construction during the prior budget year, the pupil enrollment of each school district in which state education fund moneys were expended for capital construction during the prior budget year, and the pupil enrollment of each school in the state on which state education fund moneys were expended for capital construction during the prior budget year.

Source: L. 2001: Entire section added, p. 349, § 12, effective April 16. L. 2002: (1)(a) amended, p. 1766, § 32, effective June 7. L. 2003: (1)(a) amended, p. 2139, § 40, effective May 22. L. 2006: (1)(a) amended, p. 594, § 1, effective August 7. L. 2007: (1)(b), (2)(c), and (2)(e) amended, p. 630, § 5, effective April 26. L. 2008: (1)(b), (2)(c), and (2)(e) amended, p. 1064, § 7, effective July 1.

Editor's note: This section was originally numbered as 2-3-114 in Senate Bill 01-129 but has been renumbered on revision for ease of location.

2-3-116. Performance audit of foster care program - repeal. (Repealed)

Source: L. 2001: Entire section added, p. 752, § 1, effective June 1.

Editor's note: (1) This section was originally enacted in 2001. There were no amendments prior to its repeal in 2002.

(2) Subsection (3) provided for the repeal of this section, effective December 1, 2002. (See L. 2001, p. 752.)

2-3-117. Pilot efficiency reviews - school districts - report - repeal. (Repealed)

Source: L. 2004: Entire section added, p. 1968, § 1, effective June 4.

Editor's note: Subsection (5)(d) provided for the repeal of this section, effective January 1, 2005, if the school district pilot efficiency review fund did not contain any moneys as of January 1, 2005, and the state auditor notified in writing the revisor of statutes that the fund did not contain any moneys. The revisor of statutes was notified January 14, 2005, by the state auditor that the fund did not contain any moneys. (See L. 2004, p. 1968.)

2-3-118. Performance audit of statewide database of permittees - repeal.

(1) The state auditor shall conduct or cause to be conducted a performance audit of the statewide database of permittees identified in section 18-12-206 (3) (b), C.R.S., maintained by the Colorado bureau of investigation in the department of public safety. In addition to such other issues as may be identified by the state auditor's office, the audit shall address:

(a) The accuracy of the information contained in the database;

(b) The security of the information contained in the database;

(c) The benefit of the database for law enforcement in the state of Colorado; and

(d) The benefit of the database for public safety.

(2) The state auditor shall submit its findings, conclusions, and recommendations in the form of a written report to the members of the legislative audit committee of the general assembly and to the members of the judiciary committees of the house of representatives and the senate, or any successor committees, and to the executive director of the department of public safety no later than January 1, 2011.

(3) This section is repealed, effective July 1, 2011.

Source: L. 2007: Entire section added, p. 778, § 3, effective May 14.

2-3-119. Audit of hospital provider fee - cost shift.

Starting with the second full state fiscal year following the receipt of the notice from the executive director of the department of health care policy and financing pursuant to section 25.5-4-402.3 (7), C.R.S., and thereafter at the discretion of the legislative audit committee, the state auditor shall conduct or cause to be conducted a performance and fiscal audit of the hospital provider fee established pursuant to section 25.5-4-402.3, C.R.S.

Source: L. 2009: Entire section added, (HB 09-1293), ch. 152, p. 652, § 10, effective July 1.

2-3-201. Joint budget committee established.

(1) There is hereby established a joint committee of the senate and house of representatives officially known as the joint budget committee, and to consist of the chairman of the house appropriations committee plus one majority party member and one minority party member thereof, and the chairman of the senate appropriations committee plus one majority party member and one minority party member thereof. Members of the committee shall be chosen in each house in the same manner as members of other standing committees are chosen. The committee shall function during the legislative sessions and during the interim between sessions.

(2) In order to expedite the work of the committee, appointees may be designated by the respective majority and minority parties prior to the convening of the general assembly at which such committee is to serve, whether such appointees are members of the then current general assembly or members-elect of the next general assembly, or both; and such appointees have all the powers and duties and are entitled to the same compensation and expense allowance as members duly appointed under the provisions of subsection (1) of this section.

(3) The committee shall elect a chairman and a vice-chairman, one from the senate membership of the committee and one from the house membership of the committee. The chairman so elected shall serve as chairman for the first regular session of the general assembly at which the committee is to serve, and as vice-chairman for the second regular session; the vice-chairman so elected shall serve as chairman for the second regular session of said general assembly.

Source: L. 59: p. 464, § 1. CRS 53: § 63-2-18. C.R.S. 1963: § 63-2-17. L. 65: p. 685, § 4. L. 67: p. 541, § 1. L. 69: p. 462, § 1.

Cross references: For compensation and expenses for committee members, see § 2-2-307 (3).

C.J.S. See 81A C.J.S., States, § 245.

2-3-202. Organization and meetings.

The committee may prescribe its own rules of procedure and may appoint subcommittees from the membership of the general assembly, and shall meet as often as is necessary to perform its functions.

Source: L. 59: p. 464, § 2. CRS 53: § 63-2-19. C.R.S. 1963: § 63-2-18.

2-3-203. Powers and duties of the joint budget committee - repeal.

(1) The committee has the following power and duties:

(a) To study the management, operations, programs, and fiscal needs of the agencies and institutions of Colorado state government;

(b) Repealed.

(b.1) (I) (A) Effective July 1, 2004, to hold hearings as required and to review the executive budget and the budget requests of each state agency and institution, including proposals for construction of capital improvements, and to make appropriation recommendations to the appropriations committees, or any successor committees, of each house.

(B) If the joint budget committee's recommendations to the appropriations committees in the general appropriations bill alter the determinations of priority established by the capital development committee, prior to making the recommendations, the joint budget committee shall notify the capital development committee and allow for a joint meeting of the two committees. If part 13 of this article is repealed, this sub-subparagraph (B) is repealed, effective July 1, 2014.

(II) Repealed.

(c) To make estimates of revenue from existing and proposed taxes and to make its staff facilities available, upon request, to the finance committee of either house for the development and analysis of proposed revenue measures;

(d) To study and from time to time review the state's fund structure, financial condition, fiscal organization, and its budgeting, accounting, reporting, personnel, and purchasing procedures.

(e) and (f) Repealed.

Source: L. 59: p. 465, § 3. CRS 53: § 63-2-20. C.R.S. 1963: § 63-2-19. L. 69: p. 462, § 2. L. 85: (1)(b) amended and (1)(b.1) added, p. 285, § 2, effective May 23. L. 89: (1)(b)(II) and (1)(b.1) amended, p. 336, § 4, effective March 15. L. 94: (1)(b.1) amended, p. 628, § 2, effective April 14; (1)(e) added, p. 1094, § 3, effective May 9; (1)(f) added, p. 1836, § 2, effective June 1; (1)(e) amended, p. 2614, § 19, effective July 1. L. 95: (1)(e) amended, p. 1275, § 10, effective June 5. L. 98: (1)(b.1) amended, p. 816, § 5, effective August 5. L. 2000: (1)(f) repealed, p. 22, § 2, effective August 2. L. 2001: (1)(e) repealed, p. 309, § 1, effective August 8. L. 2006: (1)(b.1)(I) amended, p. 231, § 1, effective March 31. L. 2009: (1)(b.1)(I)(B) amended, (HB 09-1169), ch. 45, p. 168, § 2, effective March 20.

Editor's note: (1) Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective July 1, 1994. (See L. 89, p. 336.)

(2) Subsection (1)(b.1)(II)(B) provided for the repeal of subsection (1)(b.1)(II), effective July 1, 2004. (See L. 98, p. 816.)

2-3-204. Staff director, assistants, and consultants.

(1) The committee shall interview persons applying for the position of staff director as to qualifications and ability and shall make recommendations thereon to the executive committee, which shall appoint the staff director as provided in section 2-3-303 (3). The staff director shall be responsible to the committee for the collection and assembling of all data and the preparation of reports and recommendations. The staff director shall also be responsible for preparing for consideration by the committee analyses of all requests for funds. With the approval of the committee, the staff director may appoint such additional professional, technical, clerical, or other employees necessary to perform the functions assigned to the committee. The staff director and such additional personnel shall be appointed without reference to affiliation and solely on the basis of ability to perform the duties of the position. They shall be employees of the general assembly and shall not be subject to the state personnel system laws. The committee shall establish appropriate qualifications and compensation for all positions. With the consent of the committee, the chairperson may contract for professional services by private consultants as needed.

(2) Repealed.

Source: L. 59: p. 465, § 4. CRS 53: § 63-2-21. C.R.S. 1963: § 63-2-20. L. 88: Entire section amended, p. 306, § 5, effective May 23. L. 93: Entire section amended, p. 2107, § 8, effective June 9. L. 94: Entire section amended, p. 1624, § 11, effective May 31. L. 96: Entire section amended, p. 1155, § 3, effective January 1, 1997. L. 99: (1) amended, p. 163, § 20, effective August 4. L. 2000: (2) repealed, p. 585, § 10, effective May 18.

2-3-205. Expenses - vouchers.

All expenses incurred by the committee, including salaries and expenses of employees, shall be paid upon vouchers signed by the chairman, or, in his absence or unavailability, the vice-chairman, or by the staff director upon instruction by the chairman in each instance, and drawn on funds appropriated generally for legislative expenses and allocated to the committee.

Source: L. 59: p. 465, § 5. CRS 53: § 63-2-21. L. 69: p. 462, § 3. L. 73: p. 670, § 2.

2-3-206. Recommendations and findings.

The committee may issue a written report setting forth its recommendations, findings, and comments as to each appropriation recommendation which it submits to the house and senate appropriations committees. Other reports may be issued from time to time by the committee as it deems appropriate or as requested by the general assembly.

Source: L. 59: p. 465, § 6. CRS 53: § 63-2-23. C.R.S. 1963: § 63-2-22. L. 69: p. 462, § 4.

2-3-207. Implementation of a zero-base budgeting program.

(1) It is the intent of the general assembly that the joint budget committee, in cooperation with the legislative audit committee, implement an ongoing review procedure of existing programs based on zero-base budgeting, as a part of its existing review of executive, judicial, and legislative budget requests, so as to provide a means by which the continuation of existing programs may be justified, by which state agencies and institutions may establish priorities for their activities in implementing such programs, and by which funding of existing programs at a current, increased, or lower level is justified by the benefits to be realized or by the need for increased or reduced services by a particular level of funding.

(2) Upon request of the joint budget committee, commencing with budget requests for the 1978-1979 fiscal year, state agencies and institutions shall present to the joint budget committee a zero-base budgeting analysis of existing and proposed programs in conformance with the provisions of subsection (3) of this section. Such an analysis shall be included as a part of the budget request of the state agency or institution.

(3) A zero-base budgeting analysis required by subsection (2) of this section shall include, but not be limited to, the following:

(a) A statement listing any other state, federal, or local agencies which administer a similar or cooperating program and outlining the interaction among such agencies;

(b) A statement of the statutory authority for and the history and quantified objectives of the program;

(b.5) A quantification of the need for the program;

(c) A description of the activities which are intended to accomplish each objective;

(d) Indicators of quantified measures of effectiveness and efficiency of performance of these activities;

(e) A ranking of these activities by priority;

(f) The level of effort required to accomplish each activity in terms of funds and personnel; and

(g) A statement detailing what could be accomplished by the funding of the activity at any levels specified by the joint budget committee and ranking priorities in increments as determined by the joint budget committee.

(4) The joint budget committee shall hold meetings with representatives of state agencies and institutions and shall prepare forms and establish procedures to assist such agencies and institutions in complying with the provisions of this section.

(5) The director of the office of state planning and budgeting shall assist state agencies and institutions in complying with the provisions of this section. In addition, he shall cooperate fully with and provide any information requested to the joint budget committee to assist it in administering the provisions of this section.

Source: L. 77: Entire section added, p. 257, § 1, effective June 19. L. 79: (2), (3)(b), (3)(d), and (3)(g) amended and (3)(b.5) added, p. 297, § 1, effective July 3. L. 83: (5) amended, p. 969, § 18, effective July 1, 1984.

2-3-301. Legislative council created - executive committee created.

(1) There is hereby created a legislative council, referred to in this part 3 as the "council", which shall consist of an executive committee, six senators to be appointed by the president of the senate with the approval of a majority vote of the members elected to the senate, and six representatives to be appointed by the speaker of the house of representatives with the approval of a majority vote of the members elected to the house of representatives. Except as otherwise provided in subsection (1.5) of this section, the executive committee shall be comprised of the president of the senate, the majority leader of the senate, the minority leader of the senate, the speaker of the house of representatives, the majority leader of the house of representatives, and the minority leader of the house of representatives, all of whom shall be ex officio members of the council. The speaker of the house of representatives and the president of the senate shall alternately serve as the chairman and vice-chairman of the executive committee and shall serve for one-year terms. All ex officio members of the council shall have and exercise all the powers, privileges, and duties of other members.

(1.5) (a) In order to expedite the work of the executive committee, for each period commencing after a general election and ending following the convening of the next general assembly when a new executive committee is formed pursuant to subsection (1) of this section, a temporary executive committee comprised of the legislators selected by their respective party caucuses as the speaker of the house of representatives, the president of the senate, and the majority and minority leaders of the senate and the house of representatives for the next general assembly shall be formed.

(b) Except as otherwise provided in paragraph (c) of this subsection (1.5), the temporary executive committee shall assume all of the duties and powers of the executive committee previously formed in accordance with subsection (1) of this section.

(c) The executive committee previously formed pursuant to subsection (1) of this section shall retain all powers and duties related to any special session of the general assembly called prior to the convening of the next general assembly and all legislative management functions pertaining to matters arising prior to the convening of the next general assembly.

(d) Each member of the temporary executive committee shall have the same powers and duties with respect to the business of the temporary executive committee as all other members of the temporary executive committee, whether the member is a member of the then current general assembly, a member-elect of the next general assembly, or both.

(2) Appointments or reappointments of all members of the council shall be made no later than ten days after the convening of the first regular session of each general assembly. Membership on the council shall terminate with the appointment of a member's successor or upon the termination of a member's term of office in the general assembly, whichever first occurs. A member may be appointed to succeed himself or herself.

(3) The party representation on the council shall be in proportion generally to the relative number of members of the two major political parties in each house of the general assembly, but in no event shall a minority party be represented by less than one council member from the senate and two council members from the house of representatives.

(4) Vacancies in the membership of the council shall be filled in the same manner as original appointments are made.

Source: L. 53: p. 335, § 1. CRS 53: § 63-5-1. C.R.S. 1963: § 63-4-1. L. 69: p. 461, § 3. L. 93: Entire section amended, p. 2102, § 1, effective June 9. L. 99: (1) amended, p. 408, § 2, effective August 4. L. 2001: (1) amended and (1.5) added, p. 1216, § 1, effective August 8. L. 2003: (1.5)(c) amended, p. 1982, § 3, effective May 22.

C.J.S. See 81A C.J.S., States, § 245.

Law reviews. For article, "Legislative Bill Drafting", see 26 Rocky Mt. L. Rev. 368 (1954). For article, "Colorado's Legislative Council", see 26 Rocky Mt. L. Rev. 415 (1954).

2-3-302. Organization - meetings.

(1) The council shall select a chairman and vice-chairman from among its membership, who shall serve for one-year terms; and it shall prescribe its own rules of procedure, and may appoint subcommittees from the membership of the general assembly and other persons to assist in carrying out its functions.

(2) The council shall meet as often as may be necessary to perform its functions, but it shall not meet less frequently than once in each quarter of the calendar year.

(3) Nine members shall constitute a quorum, and a majority thereof, or of the number of members present if more than a quorum, shall have authority to act on any matter within the jurisdiction of the council.

Source: L. 53: p. 336, § 2. CRS 53: § 63-5-2. C.R.S. 1963: § 63-4-2. L. 93: Entire section amended, p. 2103, § 2, effective June 9. L. 99: (1) amended, p. 409, § 3, effective August 4.

2-3-303. Functions.

(1) In addition to any other powers and duties set forth in law, the council shall have the following powers and duties:

(a) To collect information concerning the government and general welfare of the state;

(b) To examine the effects of constitutional provisions and statutes and recommend desirable alterations;

(c) To consider important issues of public policy and questions of statewide interest;

(d) To prepare for presentation to the members and various sessions of the general assembly such reports, bills, or otherwise, as the welfare of the state may require;

(e) To expend moneys or authorize the expenditure of moneys to accomplish the functions contained in this section out of moneys appropriated to the council by the general assembly;

(f) To approve bills recommended by interim legislative council committees or other committees created by statute or resolution which operate during the interim;

(g) To review the ballot information booklet prepared by the director of research at a public hearing in accordance with section 1-40-124.5, C.R.S.

(2) In addition to any other powers and duties set forth in law, the executive committee shall have the following powers and duties:

(a) To consider, recommend, and establish policies relating to legislative management and legislative procedures, including but not limited to deadlines for the legislative session, guidelines on the format of bills, allocation of space in the capitol for legislative purposes, and lobbying practices;

(b) To consider and approve the budget requests from the legislative service agency directors for the legislative service agencies;

(c) To prepare and introduce the legislative appropriation bill each year;

(d) To establish policies about the retention of records by the legislative service agencies of the general assembly, including the retention of records relating to legislative review of rules and regulations promulgated by executive branch agencies pursuant to section 24-4-103, C.R.S.;

(e) Repealed.

(f) To coordinate the televising via cable television and webcast of proceedings of the house of representatives and the senate with the Colorado channel authority created in article 49.9 of title 24, C.R.S.

(3) (a) In addition to the powers and duties specified in subsection (2) of this section, the executive committee of the legislative council shall annually approve a salary pay range to be used in setting the salaries of the legislative service agency directors.

(b) The legislative audit committee, the joint budget committee, the legislative council, and the committee on legal services shall each submit an annual report to the executive committee evaluating the performance of the legislative service agency director under such committee's supervision.

(c) Upon review of the reports received pursuant to paragraph (b) of this subsection (3), the executive committee shall evaluate the performance of legislative service agency directors and determine the salaries to be paid thereto.

(d) The executive committee shall appoint legislative service agency directors, other than the state auditor, after receiving recommendations thereon from the respective committees.

(e) The executive committee shall consult with the legislative audit committee concerning the appointment of a state auditor before the legislative audit committee places the names of candidates before the general assembly in accordance with section 2-3-101 (3) (a).

(f) The executive committee shall annually approve salary pay ranges to be used in determining the salaries of the staffs of legislative service agencies. Legislative service agency directors shall determine the salaries to be paid to their respective staffs in accordance with such pay ranges; except that employees of the office of the state auditor who are within the state personnel system shall be paid in accordance with article 50 of title 24, C.R.S. Each legislative service agency director shall file a report annually with the executive committee setting forth the salaries paid to their respective staffs.

(g) Any senator or representative or any legislative committee may provide the executive committee or any legislative service agency director with information or recommendations concerning pay ranges or performance evaluations for legislative service agency directors or the staffs of legislative service agencies.

(h) As used in this subsection (3), unless the context otherwise requires:

(I) "Legislative service agencies" means the office of the state auditor, the joint budget committee staff, the legislative council staff, and the office of legislative legal services.

(II) "Legislative service agency director" means the state auditor, the staff director of the joint budget committee, the director of research of the legislative council, and the director of the office of legislative legal services.

(4) The executive committee has the power and responsibility to:

(a) Perform legislative management functions when the general assembly is not in session; and

(b) Set the date for convening the next regular session of the general assembly as provided in section 2-2-303.5 (4).

Source: L. 53: p. 336, § 3. CRS 53: § 63-5-3. C.R.S. 1963: § 63-4-3. L. 93: Entire section amended, p. 2103, § 3, effective June 9. L. 94: (4) amended, p. 580, § 3, effective April 7; (2)(e) added, p. 1836, § 3, effective June 1; (1)(g) amended, p. 1689, § 4, effective January 19, 1995. L. 2000: (2)(e) repealed, p. 22, § 3, effective August 2. L. 2009: (2)(f) added, (HB 09-1307), ch. 283, p. 1291, § 3, effective August 5.

Editor's note: (1) Section 5 of chapter 284, Session Laws of Colorado 1994, provided that the act amending paragraph (g) of subsection (1) was effective on the date of the proclamation of the Governor announcing the approval, by the registered electors of the state, of SCR 94-005, enacted at the Second Regular Session of the Fifty-ninth General Assembly. The date of the proclamation of the Governor announcing the approval of SCR 94-005 was January 19, 1995.

(2) Subsection (2)(f) was added in a 2009 act that was passed without a safety clause. The act, or portions thereof, may not take effect if the people exercise their right to petition under article V, section 1 (3) of the state constitution. For further explanation concerning the effective date, see page ix of this volume.

2-3-303.3. Interim studies.

The legislative council created in section 2-3-301 (1) shall meet during the regular session each year for the purpose of reviewing and prioritizing bills and joint resolutions that create or authorize any studies to be conducted during the interim or that allocate any additional legislative staff resources during the interim. After the general assembly has adjourned, if issues are brought to the attention of the executive committee of the legislative council and the executive committee determines that the issues are appropriate for being addressed by an interim study and are the result of changed circumstances or new circumstances, the executive committee of the legislative council may provide for the conduct of additional interim studies by adopting a resolution.

Source: L. 93: Entire section added, p. 2105, § 4, effective June 9. L. 2000: Entire section amended, p. 115, § 1, effective March 15.

2-3-304. Director of research - assistants.

(1) The council shall interview persons applying for the position of director of research as to qualifications and ability and shall make recommendations thereon to the executive committee, which shall appoint the director of research as provided in section 2-3-303 (3) (d). The director of research shall be responsible to the council for the collection and assembling of all data and for the preparation of reports, recommendations, and bills. Documents prepared or assembled by the director or employees of the director shall be considered work product, as defined in section 24-72-202 (6.5), C.R.S. The director shall, subject to the general policies of the council, have administrative direction over the activities of the council. The director shall be paid a salary determined by the executive committee in accordance with section 2-3-303 (3) (a). The director shall be an employee of the general assembly and shall not be subject to the state personnel system laws. The director shall be appointed without reference to affiliation and solely on the basis of such director's ability to perform the duties of the position.

(2) The director of research, with approval of the council, may appoint such additional professional, technical, clerical, or other employees necessary to perform the functions assigned to the director of research by the council.

(3) Effective January 1, 1983, the director of research shall contract, pursuant to section 39-1-104 (16), C.R.S., for the property tax study to be conducted as required in said subsection (16).

(4) Effective July 1, 1994, the director of research shall be responsible for the forecasting of adult and juvenile offender populations within the criminal justice system for the general assembly. The division of criminal justice of the department of public safety shall provide information to the director concerning population projections, research data, modeling information, and any other related data requested by the director. The executive directors of the departments of corrections and human services and the state court administrator shall provide information to the director concerning population projections, research data, and the projected long-range needs of the institutions under the control of the executive directors and any other related data requested by the director.

(5) Effective July 1, 1994, the director of research shall be responsible for reviewing any bill which is introduced by the general assembly which affects criminal sentencing and which may result in a net increase or a net decrease in periods of imprisonment in state correctional facilities for the purpose of providing information to the general assembly on the long-term fiscal impact which may result from the passage of the bill, including the increased capital construction costs and increased operating costs for the first five fiscal years following passage.

(6) Repealed.

(7) Pursuant to the process set forth in part 2 of article 70 of title 24, C.R.S., and notwithstanding the provisions of section 24-70-217, C.R.S., if authorized by the executive committee of the legislative council, the director of research, in conjunction with the legislative council print shop, may submit proposals for printing of the first class, as described in section 24-70-203 (1) (a), C.R.S.

Source: L. 53: p. 336, § 4. CRS 53: § 63-5-4. C.R.S. 1963: § 63-4-4. L. 81: Entire section amended, p. 1398, § 9, effective January 1, 1983. L. 88: Entire section amended, p. 306, § 6, effective May 23. L. 93: Entire section amended, p. 2108, § 9, effective June 9. L. 94: Entire section amended, p. 1096, § 6, effective May 9; entire section amended, p. 1625, § 12, effective May 31; (4) amended, p. 2614, § 20, effective July 1. L. 96: (6) added, p. 1155, § 4, effective January 1, 1997. L. 99: (1) amended, p. 163, § 21, effective August 4. L. 2000: (6) repealed, p. 585, § 11, effective May 18. L. 2008: (7) added, p. 900, § 1, effective May 20. L. 2009: (1) amended, (HB 09-1348), ch. 358, p. 1863, § 2, effective June 1.

Editor's note: Senate Bill 94-206 harmonized with House Bill 94-1029 and House Bill 94-1340.

2-3-304.5. Tax policy changes - dynamic model - pilot program - advisory committee.

(1) The director of research shall establish a pilot program for the purpose of developing or procuring a dynamic model to analyze the economic impact of bills introduced by the general assembly that can be used as soon as possible.

(2) The director of research shall investigate all opportunities for developing or procuring a dynamic model, including private, nonprofit, and academic alternatives. Any dynamic model selected by the director shall consider the direct and indirect or secondary economic effects related to the bill, including an estimate of the probable behavioral responses of taxpayers, businesses, and other persons to the proposed tax policy change. It is not necessary that the model be kept at the director's office.

(3) Repealed.

(4) (a) Prior to the first regular session that the dynamic model can be used, the director of research shall notify the executive committee of the legislative council that the dynamic model is ready to be used to analyze bills during the upcoming regular session. If the model is ready, the executive committee shall select no more than ten bills to be analyzed using the dynamic model. Only bills that make a tax policy change are eligible to be analyzed. The analysis of the economic impact using a dynamic model shall be in addition to any fiscal note that is prepared pursuant to the rules of the general assembly.

(b) After the first regular session in which the dynamic model is used, the director of research shall prepare a report evaluating how the dynamic model worked during the session and making recommendations for the use of the dynamic model in future sessions of the general assembly, including the feasibility of expanding the scope of the type of bills for which the dynamic model may be used. The report shall be prepared no later than January 1 of the year following the session in which the dynamic model was used.

(5) (a) It is the intent of the general assembly that for the fiscal year commencing on July 1, 2006, no general fund moneys be appropriated for the purpose of implementing this section.

(b) The director of research is authorized to accept gifts, grants, or donations from private or public sources for the purposes of this section. All private and public funds received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the dynamic modeling cash fund, which fund is hereby created and referred to in this subsection (5) as the "fund". The moneys in the fund shall be subject to appropriation by the general assembly for the direct and indirect costs associated with the implementation of this section. Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.

(c) Except as otherwise provided in subsection (3) of this section, the director of research shall not undertake the pilot program unless the balance in the fund is one hundred twenty thousand dollars. If the balance of the fund is at least one hundred twenty thousand dollars, then the director of research shall contract with an independent contractor to help implement the provisions of this section.

Source: L. 2005: Entire section added, p. 703, § 1, effective June 1. L. 2006: (1), (4), (5)(a), and (5)(c) amended, p. 1617, § 1, effective August 7.

Editor's note: Subsection (3)(d) provided for the repeal of subsection (3), effective July 1, 2008. (See L. 2005, p. 703.)

2-3-305. Requests of the governor.

The governor may present, at any meeting of the council, in person or in writing, requests, recommendations, reports, and explanations of the policies of the administration, or any other matters pertaining to the government of the state or its policies.

Source: L. 53: p. 337, § 5. CRS 53: § 63-5-5. C.R.S. 1963: § 63-4-5.

2-3-306. Authority to subpoena witnesses.

The council has the power to subpoena witnesses, to take testimony under oath, and to assemble records and documents, by subpoena duces tecum or otherwise, with the same power and authority as courts of record, and may apply to courts of record for the enforcement of these powers. The sheriff of any county shall serve any subpoena on written order of the council in the same manner as process is served in civil actions. Witnesses subpoenaed to appear before the council shall receive the same fees and expenses as witnesses in civil cases.

Source: L. 53: p. 337, § 6. CRS 53: § 63-5-6. C.R.S. 1963: § 63-4-6.

Cross references: For fees and expenses allowed in civil actions, see §§ 13-33-102 and 13-33-103; for the authority of the general assembly to compel attendance of witnesses, see § 2-2-313; for the authority of the legislative audit committee to subpoena witnesses, see § 2-3-107.

C.J.S. See 81A C.J.S., States, § 245.

2-3-307. Minutes of council.

The council shall keep minutes of its meetings which shall be available to all members of the general assembly upon request. Any member of the general assembly has the right to attend any of the meetings of the council and may present his views on any subject which the council may be considering.

Source: L. 53: p. 337, § 7. CRS 53: § 63-5-7. C.R.S. 1963: § 63-4-7.

2-3-308. Recommendations and findings.

The recommendations and findings of the council shall be made available in electronic or hard copy format to each member of the general assembly, to the governor, and to the state library, prior to the next regular session of the general assembly, or at such other times as the council deems necessary, or as requested by the general assembly.

Source: L. 53: p. 337, § 8. CRS 53: § 63-5-8. C.R.S. 1963: § 63-4-8. C.R.S. 1963: § 63-4-8. L. 2000: Entire section amended, p. 115, § 2, effective March 15.

2-3-309. Reimbursement of members for expenses.

Members of the council shall be reimbursed for necessary expenses in connection with the performance of their duties.

Source: L. 53: p. 338, § 9. CRS 53: § 63-5-9. C.R.S. 1963: § 63-4-9.

Cross references: For compensation and expenses for members on the council, see § 2-2-307.