Longterm Bill 4

Second Regular Session Sixty-seventh General Assembly

DRAFT 10.30.09

STATE OF COLORADO

Bill 4 LLS NO. 10-0336.01 Michael Dohr

INTERIM COMMITTEE BILL

Long-term Fiscal Stability Commission

@House1 Committees

@House2 Committees

SHORT TITLE: "Higher Education Flexibility"

A BILL FOR AN ACT 101

C ONCERNING HIGHER EDUCATION FLEXIBILITY. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Long-term Fiscal Stability Commission. Section 1. The bill directs the council for a common course number system (council), in conjunction with the state institutions of higher education (institutions) and the GT pathways program, to develop articulation agreements for 5 degree programs before January 1, 2011. After completion of the first 5 articulation agreements, the council is directed to develop additional articulation agreements. Section 2. Under current law, foreign students are included as out-of-state students for purposes of calculating the ratio between in-state Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute.

DRAFT 10.30.09 and out-of-state students. The bill allows institutions that meet certain criteria to be exempt from the requirement that they include foreign students in the calculations for in-state and out-of-state students. Sections 3 and 4. Where, under current law, the department of higher education sets financial aid eligibility requirements, the bill gives institutions that authority. The bill removes the requirement that an institution that is an enterprise dedicate a percentage of its revenues to need-based financial aid if the institution increases tuition. Sections 5-7. Where institutions are currently subject to the state fiscal rules, the bill allows the institutions to adopt their own rules. Sections 8-10. Where the attorney general's office is the legal counsel for all of the institutions, the bill allows an institution to hire outside legal counsel when it determines it would be appropriate. Section 11. Where institutions are currently subject to information technology rules promulgated by the state chief information security officer, the bill allows the institutions to adopt their own rules. Section 12. The bill allows institutions to hire public employees' retirement association service retirees under certain circumstances without a reduction of benefits to the retiree. Section 13. Where institutions are required to provide various state entities with financial data, the bill permits an institution to provide only audited financial statements in those cases. Sections 14-16. The bill gives the governing boards of the institutions the authority to exempt new employees from common policy increases of the state personnel system and the hiring provisions of the state personnel system. If a governing board exempts its employees, it must allow its current employees to decide whether they want to be exempt from the state personnel provisions as well. When the state personnel director does a post-audit review of exempt positions, he or she is not permitted to reclassify the exempt positions. Sections 17-21. Under current law, institutions must submit capital construction projects for approval to the Colorado commission on higher education (CCHE) and comply with other statutory provisions regarding capital construction projects. The bill allows the institutions to notify CCHE and the capital development committee of its projects.

1 2 3 4

Be it enacted by the General Assembly of the State of Colorado: SECTION 1.

23-1-108.5 (3), Colorado Revised Statutes, is

amended BY THE ADDITION OF A NEW PARAGRAPH to read: 23-1-108.5. Duties and powers of the commission with regard

-2-

DRAFT

DRAFT 10.30.09 1

to common course numbering system - repeal. (3) (d.5) (I) (A) O N OR

2

BEFORE

3

ARTICULATION AGREEMENTS FOR AT LEAST FIVE COMMON DEGREE

4

PROGRAMS AMONG THE STATE'S TWO - YEAR AND FOUR- YEAR HIGHER

5

EDUCATION INSTITUTIONS.

6

HIGHER EDUCATION INSTITUTIONS AND THE GUARANTEED TRANSFER

7

PROGRAM IN THE DEPARTMENT OF HIGHER EDUCATION TO DEVELOP THE

8

ARTICULATION AGREEMENTS.

JANUARY 1, 2011, THE COUNCIL SHALL DEVELOP STATEWIDE

T HE COUNCIL SHALL WORK WITH ALL OF THE

9

(B) T HE ARTICULATION AGREEMENTS SHALL GUARANTEE THAT A

10

STUDENT WHO RECEIVES AN ASSOCIATE'S DEGREE FROM A TWO- YEAR

11

HIGHER EDUCATION INSTITUTION IN A DEGREE PROGRAM WITH AN

12

ARTICULATION AGREEMENT MAY ENROLL WITH JUNIOR STATUS AT A

13

FOUR-YEAR HIGHER EDUCATION INSTITUTION IN A DEGREE PROGRAM WITH

14

SAID ARTICULATION AGREEMENT.

15

PERMIT A FOUR- YEAR HIGHER EDUCATION INSTITUTION TO REQUIRE

16

ADDITIONAL LOWER- DIVISION DEGREE PREPARATION COURSES AFTER THE

17

TRANSFER, IF NECESSARY, IN THE DEGREE PROGRAM WITH THE

18

ARTICULATION

19

GRADUATION COMPARED TO STUDENTS WHO ENROLLED IN THE DEGREE

20

PROGRAM AS FRESHMEN AT THE FOUR- YEAR INSTITUTION.

AGREEMENT

T HE ARTICULATION AGREEMENT SHALL

WITHOUT

EXTENDING

THE

TIME

TO

21

(C) T HE ARTICULATION AGREEMENTS SHALL NOT GUARANTEE AN

22

INDIVIDUAL WHO RECEIVES AN ASSOCIATE'S DEGREE FROM A TWO- YEAR

23

HIGHER EDUCATION INSTITUTION ADMISSION TO A FOUR- YEAR HIGHER

24

EDUCATION INSTITUTION.

25

PRECLUDE A TWO-YEAR HIGHER EDUCATION INSTITUTION FROM OFFERING

26

DEGREE PROGRAMS THAT ARE NOT SUBJECT TO THE TRANSFER PROVISIONS

27

OF THIS SECTION.

T HE ARTICULATION AGREEMENTS SHALL NOT

-3-

DRAFT

DRAFT 10.30.09 1

(II) T HE COUNCIL, WITH THE STATE INSTITUTIONS OF HIGHER

2

EDUCATION AND THE GUARANTEED TRANSFER PROGRAM IN THE

3

DEPARTMENT OF HIGHER EDUCATION, SHALL CONTINUE TO DEVELOP

4

ARTICULATION AGREEMENTS FOR PROGRAMS AFTER COMPLETING THE

5

NUMBER

6

SUB-SUBPARAGRAPH (A) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (d.5).

7

(III) E ACH OF THE TWO - YEAR HIGHER EDUCATION INSTITUTIONS

8

AND FOUR- YEAR HIGHER EDUCATION INSTITUTIONS THAT OFFER THE

9

DEGREE PROGRAMS THAT ARE THE SUBJECT OF THE ARTICULATION

10

AGREEMENTS SHALL OFFER EACH OF THE COURSES NECESSARY FOR THE

11

DEGREE REQUIREMENTS AT ITS PARTICULAR DEGREE LEVEL.

12

OF

ARTICULATION

SECTION 2.

DEGREE

PROGRAMS

SPECIFIED

IN

23-1-113.5 (1), Colorado Revised Statutes, is

13

amended, and the said 23-1-113.5 is futher amended BY THE

14

ADDITION OF A NEW SUBSECTION, to read:

15

23-1-113.5. Commission directive - resident admissions. (1) It

16

is the intent of the general assembly that all state-supported institutions of

17

higher education operate primarily to serve and educate the people of Colorado.

18

The general assembly therefore directs the commission to develop admission

19

policies to ensure that, beginning with the fall term of 1994 and for the fall term

20

of each year thereafter, not less than fifty-five percent of the incoming freshman

21

class at each state-supported institution of higher education are in-state students

22

as defined in section 23-7-102 (5). Commencing with the fall term of 1995, this

23

requirement shall be met if the percentage of in-state students in the incoming

24

freshman class for the then current fall term and the two previous fall terms

25

averages not less than fifty-five percent. Such fifty-five percent requirement

26

shall also apply to the percentage of incoming freshmen students who are

27

admitted based on criteria other than standardized test scores, high school class

-4-

DRAFT

DRAFT 10.30.09 1

rank, and high school grade point average pursuant to section 23-1-113 (1) (b).

2

In addition, the commission shall develop admission policies to ensure,

3

beginning with the fiscal year which begins July 1, 1994, and for each fiscal

4

year thereafter, that not less than two-thirds of the total student enrollment,

5

including undergraduate and graduate students, at each campus of each

6

state-supported institution of higher education, except the Colorado school of

7

mines, are in-state students as defined in section 23-7-102 (5) and that not less

8

than sixty percent of the total student enrollment, including undergraduate and

9

graduate students, at the Colorado school of mines are in-state students as

10

defined in section 23-7-102 (5). This requirement shall be met if, commencing

11

with the fiscal year that begins July 1, 1995, the fraction of in-state students, as

12

defined in section 23-7-102 (5), enrolled at each state-supported institution of

13

higher education, except the Colorado school of mines, averages not less than

14

two-thirds of the total fiscal year student enrollment for the then current fiscal

15

year plus the two previous fiscal years. For the Colorado school of mines, this

16

fraction of in-state students shall be not less than three-fifths. Such policies

17

shall be implemented no later than July 1, 1994.

18

(4) S O LONG AS A STATE-SUPPORTED INSTITUTION OF HIGHER

19

EDUCATION CONTINUES TO ADMIT ALL IN- STATE, FIRST- TIME FRESHMAN

20

APPLICANTS THAT MEET PUBLISHED GUARANTEED ADMISSIONS CRITERIA,

21

OR, FOR

22

ABIDE BY THE PROVISION SET FORTH IN SECTION 23-41-104.6 (6)

23

CALCULATIONS IN SUBSECTION

24

PERCENTAGE OF STUDENTS WHO ARE IN- STATE STUDENTS AT A

25

STATE- SUPPORTED INSTITUTION OF HIGHER EDUCATION SHALL EXCLUDE

26

FOREIGN STUDENTS.

27

STUDENT" MEANS A STUDENT WHO IS COUNTED AS FOREIGN AND PRESENT

C OLORADO SCHOOL OF MINES, SO LONG AS IT CONTINUES TO (b), THE

(1) OF THIS SECTION REGARDING THE

F OR PURPOSES OF THIS SUBSECTION (4), " FOREIGN

-5-

DRAFT

DRAFT 10.30.09 1

IN THE U NITED S TATES ON A NONIMMIGRANT VISA.

2

SECTION 3. 23-3.3-102 (2) and (3), the introductory portion to

3

23-3.3-102 (3.5), and 23-3.3-102 (4), Colorado Revised Statutes, are

4

amended to read:

5

23-3.3-102. (2)

Assistance program authorized - procedure -

6

audits.

The commission shall determine, by guideline, the

7

institutions eligible for participation in the program AND SHALL

8

ANNUALLY DETERMINE THE AMOUNT ALLOCATED TO EACH INSTITUTION.

9

(3) The commission E ACH STATE INSTITUTION shall administer the

10

A FINANCIAL ASSISTANCE

program with the assistance of institutions

11

according to policies and procedures established by the commission

12

GOVERNING BOARD OF THE INSTITUTION.

13

NONPUBLIC INSTITUTION SHALL ADMINISTER A FINANCIAL ASSISTANCE

14

PROGRAM ACCORDING TO POLICIES AND PROCEDURES ESTABLISHED BY THE

15

COMMISSION.

16

USING

17

INSTITUTIONAL MONEYS.

E ACH PARTICIPATING

E ACH INSTITUTION SHALL FUND ITS ASSISTANCE PROGRAM

STATE

MONEYS

ALLOCATED

TO

THE

INSTITUTION

AND

18

(3.5) Notwithstanding any provision of this article to the contrary,

19

the commission EACH PARTICIPATING INSTITUTION shall adopt policies

20

and procedures to allow a person who meets the following criteria to

21

qualify for financial assistance through the financial assistance programs

22

established pursuant to this article:

23

(4) Program disbursements shall be handled by the institution

24

subject to audit and review. except that each nonpublic institution of

25

higher education which receives additional financial assistance pursuant

26

to this section, due to the change in the determination of need pursuant

27

to subsection (6) of this section, shall allocate such financial assistance

-6-

DRAFT

DRAFT 10.30.09 1

on the basis of need. The change in the determination of need pursuant

2

to said subsection (6) shall in no way reduce the allocation by the

3

Colorado commission on higher education of moneys for merit-based

4

programs to nonpublic institutions of higher education.

5 6 7

SECTION 4. Repeal. 23-18-202 (3) (c), Colorado Revised Statutes, is repealed as follows: 23-18-202.

College opportunity fund - appropriations -

8

payment of stipends - reimbursement. (3) (c) If an institution of

9

higher education is designated as an enterprise pursuant to section

10

23-5-101.7, the institution shall annually allocate at least twenty percent

11

of any increase in undergraduate resident tuition revenues above inflation

12

to need-based financial assistance.

13 14

SECTION 5. 23-20-111, Colorado Revised Statutes, is amended to read:

15

23-20-111. Supervisory powers of board. The board of regents

16

has general supervision of the university and control and direction of all

17

funds of and appropriations to the university. except that the controller

18

shall have the authority to promulgate fiscal rules pursuant to section

19

24-30-202, C.R.S., which shall be applicable to the university and its

20

officers and employees.

21 22

SECTION 6. 24-30-202 (13) (b), Colorado Revised Statutes, is amended to read:

23

24-30-202. Procedures - vouchers and warrants - rules -

24

penalties. (13) (b) It is the intent of the general assembly that fiscal rules

25

promulgated by the controller shall be applicable to any institution of

26

higher education; notwithstanding any specific grant of authority to the

27

governing board of such EXCEPT THAT THE GOVERNING BOARD OF AN

-7-

DRAFT

DRAFT 10.30.09 1

institution of higher education THAT HAS ADOPTED FISCAL PROCEDURES

2

AND HAS DETERMINED THAT THE FISCAL PROCEDURES PROVIDE ADEQUATE

3

SAFEGUARDS FOR THE PROPER EXPENDITURE OF THE MONEYS OF THE

4

INSTITUTION MAY ELECT TO EXEMPT THE INSTITUTION FROM THE FISCAL

5

RULES PROMULGATED BY THE CONTROLLER PURSUANT TO THIS SECTION

6

AND SHALL NOT BE REQUIRED TO COMPLY WITH THE PROVISIONS OF THIS

7

SUBSECTION

8

SECTION, OR PARAGRAPH

9 10

(b) OF SUBSECTION (5) OF THIS SECTION.

SECTION 7. 24-30-1102 (5), Colorado Revised Statutes, is amended to read:

11 12

(13), SUBSECTION (1), (9), (20.1), (22), OR (26) OF THIS

24-30-1102. Definitions. As used in this part 11, unless the context otherwise requires:

13

(5) "State agency" means this state or any department, board,

14

bureau, commission, institution, or other agency of the state, including

15

institutions of higher education but shall not include the state board of

16

stock commissioners, created pursuant to section 35-41-101, C.R.S., AND

17

SHALL NOT INCLUDE INSTITUTIONS OF HIGHER EDUCATION.

18

SECTION 8. Part 1 of article 5 of title 23, Colorado Revised

19

Statutes, is amended BY THE ADDITION OF A NEW SECTION to

20

read:

21

23-5-140. Authority to hire outside counsel. E ACH INSTITUTION

22

OF HIGHER EDUCATION IS ENCOURAGED TO USE THE ATTORNEY GENERAL

23

AS ITS LEGAL COUNSEL.

24

BODY, OR ITS CHIEF EXECUTIVE OFFICER DETERMINES THAT THE

25

INSTITUTION'S INTERESTS WOULD BE BETTER SERVED BY OUTSIDE LEGAL

26

COUNSEL, THE INSTITUTION HAS THE AUTHORITY TO HIRE OUTSIDE LEGAL

27

COUNSEL WITHOUT CONSULTING THE ATTORNEY GENERAL.

H OWEVER, IF AN INSTITUTION , ITS GOVERNING

-8-

DRAFT

DRAFT 10.30.09 1 2 3

SECTION 9. 23-20-110, Colorado Revised Statutes, is amended to read: 23-20-110.

Attorney general legal advisor.

E XCEPT AS

4

OTHERWISE PROVIDED IN SECTION 23-5-140, C.R.S.,

5

of the state shall be the legal advisor of the president and board of regents

6

of the university, and he OR SHE shall institute and prosecute or defend all

7

suits in behalf of the same.

8 9

the attorney general

SECTION 10. 24-31-101 (1) (a), Colorado Revised Statutes, is amended to read:

10

24-31-101. Powers and duties of attorney general. (1) (a) The

11

attorney general of the state shall be the legal counsel and advisor of each

12

department, division, board, bureau, and agency of the state government

13

other than the legislative branch EXCEPT AS OTHERWISE PROVIDED IN

14

SECTION 23-5-140, C.R.S.

15

government during the session of the general assembly and term of the

16

supreme court and shall appear for the state and prosecute and defend all

17

actions and proceedings, civil and criminal, in which the state is a party

18

or is interested when required to do so by the governor, and he OR SHE

19

shall prosecute and defend for the state all causes in the appellate courts

20

in which the state is a party or interested.

21 22 23 24 25

He OR SHE shall attend in person at the seat of

SECTION 11. 24-37.5-403 (2) (b), Colorado Revised Statutes, is amended to read: 24-37.5-403. Chief information security officer - duties and responsibilities. (2) The chief information security officer shall: (b) (I)

Promulgate rules pursuant to article 4 of this title

26

containing information security policies, standards, and guidelines for

27

such agencies on or before December 31, 2006.

-9-

DRAFT

DRAFT 10.30.09 1 2 3 4 5

(II) T HE RULES PROMULGATED PURSUANT TO THIS PARAGRAPH (b) SHALL NOT APPLY TO INSTITUTIONS OF HIGHER EDUCATION.

SECTION 12.

24-51-1101, Colorado Revised Statutes, is

amended BY THE ADDITION OF A NEW SUBSECTION to read: 24-51-1101. Employment after service retirement - repeal.

6

(1.8) (a) A SERVICE RETIREE WHO IS HIRED BY A STATE COLLEGE OR

7

UNIVERSITY PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (1.8) MAY

8

RECEIVE SALARY WITHOUT REDUCTION IN BENEFITS, REGARDLESS OF THE

9

NUMBER OF HOURS OR DAYS WORKED IN THE CALENDAR YEAR, IF THE

10

SERVICE RETIREE HAS NOT WORKED FOR ANY EMPLOYER, AS DEFINED IN

11

SECTION 24-51-101 (20), DURING THE MONTH OF THE EFFECTIVE DATE OF

12

RETIREMENT.

13

WORKS FOR ANY EMPLOYER, AS DEFINED IN SECTION

14

DURING THE MONTH OF THE EFFECTIVE DATE OF RETIREMENT SHALL BE

15

SUBJECT TO A REDUCTION IN BENEFITS AS PROVIDED IN SECTION

16

24-51-1102 (2).

17

(b)

A SERVICE RETIREE DESCRIBED IN THIS PARAGRAPH (a) WHO 24-51-101 (20),

A STATE COLLEGE OR UNIVERSITY MAY HIRE UP TO TEN

18

SERVICE RETIREES IN AREAS WHERE THE COLLEGE OR UNIVERSITY

19

DETERMINES THAT A SERVICE RETIREE HAS UNIQUE EXPERIENCE, SKILL, OR

20

QUALIFICATIONS THAT WOULD BENEFIT THE COLLEGE OR UNIVERSITY.

21

EMPLOYER SHALL NOTIFY THE ASSOCIATION UPON HIRING A SERVICE

22

RETIREE PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (1.8).

23

OF ANY AND ALL SERVICE RETIREES EMPLOYED AT A STATE COLLEGE OR

24

UNIVERSITY SHALL BE PROVIDED TO THE ASSOCIATION AT THE START OF

25

EACH FISCAL YEAR AND SHALL BE UPDATED PRIOR TO ANY ADDITIONAL

26

HIRINGS DURING THE SAME FISCAL YEAR.

27

(c)

T HE

A LIST

T HE EMPLOYER MUST PROVIDE FULL PAYMENT OF ALL

-10-

DRAFT

DRAFT 10.30.09 1

CONTRIBUTIONS AND DISBURSEMENTS IN ACCORDANCE WITH PART

2

THIS ARTICLE ON THE SALARY PAID TO THE SERVICE RETIREE DESCRIBED

3

IN PARAGRAPH

4

(d)

4 OF

(a) OF THIS SUBSECTION (1.8).

A SERVICE RETIREE WHO IS EMPLOYED PURSUANT TO

5

PARAGRAPH

(a) OF THIS SUBSECTION (1.8) SHALL NOT BE REQUIRED TO

6

RESUME MEMBERSHIP.

7

EMPLOYMENT, THERE SHALL BE NO BENEFIT CALCULATION REFLECTING

8

ADDITIONAL SERVICE CREDIT OR ANY INCREASE IN THE HIGHEST AVERAGE

9

SALARY OF SUCH PERSON.

U PON TERMINATION OF SUCH RETIREE'S

10

(e) A SERVICE RETIREE WHO IS EMPLOYED PURSUANT TO THIS

11

SUBSECTION (1.8) SHALL NOT RECEIVE A HEALTH CARE PREMIUM SUBSIDY

12

PURSUANT TO SECTION 24-51-1206 DURING SUCH EMPLOYMENT.

13

(f) F OR PURPOSES OF THIS SUBSECTION (1.8), " STATE COLLEGE OR

14

UNIVERSITY" MEANS ANY POSTSECONDARY EDUCATIONAL INSTITUTION,

15

INCLUDING COMMUNITY AND JUNIOR COLLEGES, ESTABLISHED AND

16

EXISTING PURSUANT TO TITLE 23, C.R.S., AS AN AGENCY OF THE STATE OF

17

C OLORADO AND SUPPORTED WHOLLY OR IN PART BY TAX REVENUES.

18 19

(g) T HIS SUBSECTION (1.8) IS REPEALED, EFFECTIVE D ECEMBER 31, 2014.

20

SECTION 13. Part 1 of article 1 of title 23, Colorado Revised

21

Statutes, is amended BY THE ADDITION OF A NEW SECTION to

22

read:

23

23-1-140.

Limitation on institution financial reporting.

24

N OTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AN

25

INSTITUTION OF HIGHER EDUCATION SHALL PROVIDE ONLY AUDITED

26

FINANCIAL STATEMENTS WHEN IT IS REQUIRED TO PROVIDE FINANCIAL

27

DATA REPORTING INFORMATION TO A STATE ENTITY.

-11-

DRAFT

DRAFT 10.30.09 1 2

SECTION 14. Article 5 of title 23, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

3

23-5-116.5. Governing boards - personnel - withdrawal from

4

certain state personnel system provisions - election. (1) T HE GENERAL

5

ASSEMBLY HEREBY FINDS AND DECLARES THAT:

6

(a) P URSUANT TO SECTION 5 OF ARTICLE VIII OF THE STATE

7

CONSTITUTION, THE GOVERNING BOARDS OF THE STATE INSTITUTIONS OF

8

HIGHER EDUCATION SHALL HAVE THE GENERAL SUPERVISION OF THEIR

9

RESPECTIVE INSTITUTIONS AND THE EXCLUSIVE CONTROL AND DIRECTION

10

OF ALL FUNDS OF AND APPROPRIATIONS TO THEIR RESPECTIVE

11

INSTITUTIONS, UNLESS OTHERWISE PROVIDED BY LAW;

12

(b) S ECTION 13 OF ARTICLE XII OF THE STATE CONSTITUTION

13

PROVIDES THAT THE PERSONNEL SYSTEM OF THE STATE SHALL COMPRISE

14

ALL EMPLOYEES OF THE STATE, WITH STATED EXCEPTIONS, AND

15

ESTABLISHES AND AUTHORIZES STATEWIDE RULES AND PROCEDURES TO

16

GOVERN THE PERSONNEL SYSTEM;

17

(c) A S A SPECIFIC STATEMENT OF THE CONSTITUTIONAL POWERS OF

18

THE GOVERNING BOARDS OF THE STATE INSTITUTIONS OF HIGHER

19

EDUCATION TO SUPERVISE THEIR INSTITUTIONS AND, ESPECIALLY , TO

20

CONTROL AND DIRECT THEIR FUNDS, THE PROVISIONS OF SECTION

21

ARTICLE VIII OF THE STATE CONSTITUTION TAKE PRECEDENCE OVER THE

22

GENERAL PROVISIONS OF SECTION

23

CONSTITUTION, AND THE EMPLOYEES WITHIN THE STATE SYSTEM OF

24

HIGHER EDUCATION ARE SUBJECT TO THE STATE PERSONNEL SYSTEM ONLY

25

AS MAY BE REQUIRED BY STATUTE;

5 OF

13 OF ARTICLE XII OF THE STATE

26

(d) P RIOR TO THE ENACTMENT OF THIS SECTION, THE GENERAL

27

ASSEMBLY, THROUGH THE EXERCISE OF ITS PLENARY AUTHORITY AND

-12-

DRAFT

DRAFT 10.30.09 1

PURSUANT TO SECTION

2

HAS CHOSEN TO LIMIT THE AUTHORITY OF THE GOVERNING BOARDS OF THE

3

STATE INSTITUTIONS OF HIGHER EDUCATION WITH REGARD TO THE

4

SUPERVISION OF THEIR RESPECTIVE INSTITUTIONS OF HIGHER EDUCATION

5

BY STATUTORILY INCLUDING THE EMPLOYEES OF THE STATE INSTITUTIONS

6

OF HIGHER EDUCATION IN THE PERSONNEL SYSTEM OF THE STATE, WITH

7

THE EXCEPTION OF FACULTY MEMBERS AND ADMINISTRATORS, WHO ARE

8

EXEMPT FROM THE PERSONNEL SYSTEM PURSUANT TO SECTION

9

ARTICLE XII OF THE STATE CONSTITUTION;

10

5 OF ARTICLE VIII OF THE STATE CONSTITUTION ,

13 OF

(e) T HE CURRENT ECONOMIC CIRCUMSTANCES WITHIN THE STATE

11

HAVE

12

APPROPRIATED FOR STATE INSTITUTIONS OF HIGHER EDUCATION, CAUSING

13

THESE INSTITUTIONS TO ENACT SEVERE BUDGET CUTS AND SERIOUSLY

14

STRAINING THE INSTITUTIONS' ABILITY TO ADEQUATELY SERVE THE PEOPLE

15

OF THE STATE OF

16

RESOURCES;

REQUIRED

SUBSTANTIAL

REDUCTIONS

IN

THE

FUNDING

C OLORADO WITHIN THE INSTITUTIONS' AVAILABLE

17

(f) E ACH STATE INSTITUTION'S LACK OF CONTROL OVER THE HIGH

18

COSTS ASSOCIATED WITH EMPLOYING PERSONS THROUGH THE STATE

19

PERSONNEL

20

STANDARDIZED RULES AND PROCEDURES ATTENDANT WITH THE STATE

21

PERSONNEL SYSTEM, HAS SIGNIFICANTLY HINDERED EACH GOVERNING

22

BOARD'S ABILITY TO RECONFIGURE ITS BUDGET AND FLEXIBLY ADJUST ITS

23

SPENDING AND COSTS TO PROVIDE THE HIGHEST POSSIBLE LEVEL OF

24

SERVICE FOR C OLORADO'S CITIZENS;

SYSTEM,

BECAUSE

OF

THE

NECESSARY

STATEWIDE,

25

(g) IT IS NECESSARY TO ENSURE THE GREATEST POSSIBLE ACCESS

26

TO HIGHER EDUCATION BY THE PEOPLE OF C OLORADO BY PROVIDING THE

27

GREATEST POSSIBLE DEGREE OF FLEXIBILITY TO THE GOVERNING BOARDS

-13-

DRAFT

DRAFT 10.30.09 1 2

TO CONTROL COSTS, EXPENDITURES, AND RESOURCE ALLOCATION;

(h) IT IS NECESSARY FOR THE PROTECTION OF THE BEST INTERESTS

3

OF THE PEOPLE OF

4

DECIDE WHETHER TO PARTICIPATE IN CERTAIN PROVISIONS OF THE STATE

5

PERSONNEL SYSTEM AND TO ALLOW PERSONS EMPLOYED WITHIN THE

6

STATE SYSTEM OF HIGHER EDUCATION AS OF THE DATE THE EMPLOYING

7

GOVERNING BOARD CHOOSES TO WITHDRAW FROM CERTAIN PROVISIONS

8

OF THE STATE PERSONNEL SYSTEM TO CHOOSE WHETHER TO WITHDRAW OR

9

CONTINUE PARTICIPATING IN THOSE PROVISIONS; AND

10

(i)

C OLORADO TO ALLOW THE GOVERNING BOARDS TO

IN THE SAME MANNER THAT THE GENERAL ASSEMBLY,

11

THROUGH THE EXERCISE OF ITS PLENARY AUTHORITY AND THE PROVISIONS

12

OF SECTION

13

AUTHORITY TO ENACT LEGISLATION TO INCLUDE EMPLOYEES OF THE STATE

14

INSTITUTIONS OF HIGHER EDUCATION IN THE PERSONNEL SYSTEM OF THE

15

STATE, THE GENERAL ASSEMBLY HAS AUTHORITY TO ENACT LEGISLATION

16

TO ALLOW THE WITHDRAWAL OF THOSE EMPLOYEES FROM CERTAIN

17

PROVISIONS OF THE PERSONNEL SYSTEM OF THE STATE.

18 19

5 OF ARTICLE VIII OF THE STATE CONSTITUTION, HAD

(2) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

20

(a) "E XEMPTION DATE" MEANS THE EFFECTIVE DATE UPON WHICH

21

A GOVERNING BOARD EXEMPTS EMPLOYEES FROM CERTAIN PROVISIONS OF

22

THE STATE PERSONNEL SYSTEM, AS STATED IN THE RESOLUTION ADOPTED

23

PURSUANT TO SUBSECTION (3) OF THIS SECTION.

24 25 26 27

(b)

"PERA" MEANS THE PUBLIC EMPLOYEES' RETIREMENT

ASSOCIATION CREATED IN PART 2 OF ARTICLE 51 OF TITLE 24, C.R.S.

(c)

"S TATE INSTITUTION OF HIGHER EDUCATION" MEANS AN

INSTITUTION OF HIGHER EDUCATION THAT IS UNDER THE DIRECTION AND

-14-

DRAFT

DRAFT 10.30.09 1

CONTROL OF THE UNIVERSITY OF

C OLORADO BOARD OF REGENTS, THE

2

BOARD OF GOVERNORS OF THE

3

THE BOARD OF TRUSTEES FOR THE UNIVERSITY OF NORTHERN C OLORADO,

4

THE BOARD OF TRUSTEES OF THE

5

BOARD OF TRUSTEES FOR

6

TRUSTEES FOR F ORT L EWIS COLLEGE, THE BOARD OF TRUSTEES FOR M ESA

7

STATE COLLEGE, THE BOARD OF TRUSTEES FOR

8

COLLEGE OF

9

COLLEGE OF C OLORADO, OR THE STATE BOARD FOR COMMUNITY COLLEGES

10

AND OCCUPATIONAL EDUCATION, OR AN INSTITUTION OF HIGHER

11

EDUCATION THAT IS A LOCAL JUNIOR COLLEGE ORGANIZED PURSUANT TO

12

PART 1 OF ARTICLE 71 OF THIS TITLE .

C OLORADO STATE UNIVERSITY SYSTEM,

C OLORADO SCHOOL OF MINES, THE

A DAMS STATE COLLEGE, THE BOARD OF

M ETROPOLITAN STATE

D ENVER, THE BOARD OF TRUSTEES FOR W ESTERN STATE

13

(3) (a) O N OR AFTER J ULY 1, 2010, A GOVERNING BOARD MAY, BY

14

RESOLUTION, CHOOSE TO EXEMPT THE EMPLOYEES OF THE GOVERNING

15

BOARD AND OF THE STATE INSTITUTIONS OF HIGHER EDUCATION THAT ARE

16

UNDER THE SUPERVISION AND CONTROL OF THE GOVERNING BOARD FROM

17

CERTAIN PROVISIONS OF THE STATE PERSONNEL SYSTEM.

18

SHALL ALSO SPECIFY THE TIME PERIOD DURING WHICH THE PERSONS

19

EMPLOYED BY THE GOVERNING BOARD AND ITS STATE INSTITUTIONS OF

20

HIGHER EDUCATION ON THE EFFECTIVE DATE OF THE EXEMPTION MAY

21

ELECT WHETHER TO REMAIN AS EMPLOYEES SUBJECT TO ALL OF THE

22

APPLICABLE PROVISIONS OF THE STATE PERSONNEL SYSTEM OR BECOME

23

EMPLOYEES THAT ARE EXEMPT FROM CERTAIN PROVISIONS OF THE STATE

24

PERSONNEL SYSTEM.

T HE RESOLUTION

25

(b) T HE PROVISIONS OF THE STATE PERSONNEL SYSTEM THAT A

26

GOVERNING BOARD MAY CHOOSE TO EXEMPT ITS EMPLOYEES FROM ARE

27

LIMITED TO THE FOLLOWING:

-15-

DRAFT

DRAFT 10.30.09 1

(I) C OMPENSATING ITS CLASSIFIED EMPLOYEES THROUGH THE

2

STATE COMMON POLICIES FOR SALARY SURVEY, HEALTH, LIFE, AND

3

DENTAL BENEFITS IF THE INSTITUTION DOES NOT RECEIVE A SPECIFIC

4

APPROPRIATION TO COVER THOSE COMMON POLICY INCREASES; AND

5

(II)

T HE STATE PERSONNEL SYSTEM PROVISIONS FOUND IN

6

SUBSECTION

(5) OF SECTION 13 OF ARTICLE XII OF THE STATE

7

CONSTITUTION AND SECTION 24-50-112.5, C.R.S.

8

(c) I N DETERMINING WHETHER TO EXEMPT EMPLOYEES FROM

9

CERTAIN PROVISIONS OF THE STATE PERSONNEL SYSTEM, EACH GOVERNING

10

BOARD SHALL PROVIDE OPPORTUNITY FOR THE EXISTING STATE

11

PERSONNEL SYSTEM EMPLOYEES OF THE GOVERNING BOARD AND THE

12

INSTITUTIONS OF HIGHER EDUCATION THAT ARE UNDER THE SUPERVISION

13

AND CONTROL OF THE GOVERNING BOARD TO HAVE INPUT PRIOR TO

14

ADOPTION OF THE EXEMPTION RESOLUTION ADOPTED PURSUANT TO

15

PARAGRAPH

(a) OF THIS SUBSECTION (3).

16

(4) IF A GOVERNING BOARD CHOOSES TO EXEMPT EMPLOYEES

17

FROM CERTAIN PROVISIONS OF THE STATE PERSONNEL SYSTEM, ALL

18

EMPLOYEES OF THE GOVERNING BOARD AND OF THE STATE INSTITUTIONS

19

OF HIGHER EDUCATION THAT ARE UNDER THE SUPERVISION AND CONTROL

20

OF THE GOVERNING BOARD WHO ARE HIRED ON OR AFTER THE EXEMPTION

21

DATE SHALL BE EXEMPT FROM THE PROVISIONS IN THE EXEMPTION

22

RESOLUTION ADOPTED PURSUANT TO PARAGRAPH (a) AND SUBSECTION (3).

23

(5) (a) IF A GOVERNING BOARD CHOOSES TO EXEMPT EMPLOYEES

24

FROM CERTAIN PROVISIONS OF THE STATE PERSONNEL SYSTEM, A PERSON

25

WHO, PRIOR TO THE EXEMPTION DATE, IS AN EMPLOYEE OF THE GOVERNING

26

BOARD OR OF A STATE INSTITUTION OF HIGHER EDUCATION UNDER THE

27

SUPERVISION AND CONTROL OF THE GOVERNING BOARD AND WHO IS

-16-

DRAFT

DRAFT 10.30.09 1

INCLUDED IN THE STATE PERSONNEL SYSTEM AND WHO CONTINUES TO BE

2

AN EMPLOYEE OF THE GOVERNING BOARD OR STATE INSTITUTION OF

3

HIGHER EDUCATION ON AND AFTER THE EXEMPTION DATE SHALL

4

CONTINUE TO BE AN EMPLOYEE SUBJECT TO ALL OF THE APPLICABLE

5

PROVISIONS OF THE STATE PERSONNEL SYSTEM, UNLESS HE OR SHE ELECTS

6

TO BE SUBJECT TO THE EXEMPTIONS.

7

BOARD OR THE STATE INSTITUTION OF HIGHER EDUCATION SHALL MAKE

8

THE ELECTION TO REMAIN SUBJECT TO ALL OF THE APPLICABLE PROVISIONS

9

OF THE STATE PERSONNEL SYSTEM OR TO BECOME SUBJECT TO THE

10

EXEMPTIONS WITHIN THE TIME PERIOD ESTABLISHED FOR ELECTION BY THE

11

GOVERNING BOARD IN THE EXEMPTION RESOLUTION ADOPTED PURSUANT

12

TO PARAGRAPH

13

(b)

A N EMPLOYEE OF THE GOVERNING

(a) OF SUBSECTION (3) OF THIS SECTION.

A PERSON WHO ELECTS TO CONTINUE AS AN EMPLOYEE

14

SUBJECT TO ALL OF THE APPLICABLE PROVISIONS OF THE STATE PERSONNEL

15

SYSTEM SHALL RETAIN ALL RIGHTS AND PRIVILEGES OF THE STATE

16

EMPLOYMENT STATUS WHICH ARE APPLICABLE TO THE EMPLOYEE'S

17

POSITION, INCLUDING BUT NOT LIMITED TO PARTICIPATION IN PERA.

18

EMPLOYEE SHALL NOT BE DISCRIMINATED AGAINST IN TRAINING,

19

PROMOTION, RETENTION, ASSIGNMENT OF DUTIES, GRANTING OF RIGHTS

20

AND BENEFITS, OR ANY OTHER PERSONNEL ACTION.

T HE

21

(c) IN THE CASE OF A DISPUTE INVOLVING A PERSON WHO ELECTS

22

TO CONTINUE AS AN EMPLOYEE SUBJECT TO ALL OF THE APPLICABLE

23

PROVISIONS OF THE STATE PERSONNEL SYSTEM, THE GOVERNING BOARD

24

AND STATE INSTITUTION OF HIGHER EDUCATION SHALL AGREE TO ACCEPT

25

RESOLUTION OF ALL DISCIPLINARY APPEALS OR OTHER EMPLOYMENT

26

DISPUTES GOVERNED BY THE STATUTES OF THE STATE PERSONNEL SYSTEM

27

OR THE RULES OF THE STATE DEPARTMENT OF PERSONNEL ACCORDING TO

-17-

DRAFT

DRAFT 10.30.09 1

THE RULES AND PROCEDURES APPLICABLE TO MEMBERS OF THE STATE

2

PERSONNEL SYSTEM.

3

(d) A N EMPLOYEE WHO ELECTS TO BECOME AN EMPLOYEE SUBJECT

4

TO THE EXEMPTIONS SHALL NOT THEREAFTER RETURN TO BEING SUBJECT

5

TO ALL OF THE APPLICABLE PROVISIONS OF THE STATE PERSONNEL SYSTEM

6

WHILE EMPLOYED BY THE GOVERNING BOARD OR STATE INSTITUTION OF

7

HIGHER EDUCATION.

8

THE EXEMPTIONS SHALL RECEIVE FULL CREDIT FOR SICK LEAVE AND

9

ANNUAL LEAVE ACCRUED WHILE EMPLOYED AS A STATE EMPLOYEE.

10 11

A N EMPLOYEE WHO ELECTS TO BECOME SUBJECT TO

SECTION 15. 24-50-101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

12

24-50-101. Short title - legislative declaration - terminology.

13

(5) P URSUANT TO THE PROVISIONS OF SECTION 23-5-116.5, C.R.S., A

14

GOVERNING BOARD OF A STATE INSTITUTION OF HIGHER EDUCATION MAY

15

CHOOSE TO EXEMPT THE EMPLOYEES OF THE GOVERNING BOARD AND OF

16

THE STATE INSTITUTIONS OF HIGHER EDUCATION THAT ARE UNDER THE

17

SUPERVISION AND CONTROL OF THE GOVERNING BOARD FROM CERTAIN

18

PROVISIONS OF THE STATE PERSONNEL SYSTEM.

19

SECTION 16. 24-50-135 (2) (b), Colorado Revised Statutes, is

20

amended, and the said 24-50-135 is further amended BY THE

21

ADDITION OF A NEW SUBSECTION, to read:

22

24-50-135. Exemptions from personnel system. (2) (b) The

23

executive director of the Colorado commission on higher education shall

24

determine which administrative positions in the department of higher

25

education other than administrative positions in educational institutions

26

are exempt from the state personnel system under subsection (1) of this

27

section, subject to an appeal to the board and subject to postaudit review

-18-

DRAFT

DRAFT 10.30.09 1

by the state personnel director. T HE STATE PERSONNEL DIRECTOR SHALL

2

HAVE NO AUTHORITY TO REASSIGN EXEMPT POSITIONS DURING THE

3

POSTAUDIT REVIEW PROCESS.

4

(3) P URSUANT TO THE PROVISIONS OF SECTION 23-5-116.5, C.R.S.,

5

A GOVERNING BOARD OF A STATE INSTITUTION OF HIGHER EDUCATION MAY

6

CHOOSE TO EXEMPT THE EMPLOYEES OF THE GOVERNING BOARD AND OF

7

THE STATE INSTITUTIONS OF HIGHER EDUCATION THAT ARE UNDER THE

8

SUPERVISION AND CONTROL OF THE GOVERNING BOARD FROM CERTAIN

9

PROVISIONS OF THE STATE PERSONNEL SYSTEM.

10 11

SECTION 17. 23-1-106, Colorado Revised Statutes, is amended to read:

12

23-1-106. Duties and powers of the commission with respect

13

to capital construction and long-range planning. (1) Except as

14

permitted by subsections (9) and (10) of this section, it is declared to be

15

the policy of the general assembly not to authorize or to acquire sites or

16

initiate any program or activity requiring capital construction for

17

state-supported institutions of higher education unless approved by the

18

commission. A STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION

19

SHALL NOTIFY THE COMMISSION AND THE CAPITAL DEVELOPMENT

20

COMMITTEE OF EACH OF ITS CAPITAL CONSTRUCTION PROJECTS.

21

(2) The commission shall, after consultation with the appropriate

22

governing boards of the state-supported institutions of higher education

23

and the appropriate state administrative agencies, have authority to

24

prescribe uniform policies, procedures, and standards of space utilization

25

for the development and approval of capital construction programs by

26

institutions.

27

(3) The commission shall review and approve facility master plans

-19-

DRAFT

DRAFT 10.30.09 1

for all state institutions of higher education on land owned or controlled

2

by the state or an institution and capital construction program plans for

3

projects other than those projects constructed pursuant to subsection (9)

4

or (10) of this section. Except for those projects constructed pursuant to

5

subsection (9) or (10) of this section, no capital construction shall

6

commence except in accordance with an approved facility master plan

7

and program plan.

8

(4) The commission shall ensure conformity of facilities master

9

planning with approved educational master plans and facility program

10 11

plans with approved facilities master plans. (5) (a)

The commission shall approve plans for any capital

12

construction project at any institution, including a community college,

13

regardless of the source of funds; except that the commission need not

14

approve plans for any capital construction project at a local district

15

college or area vocational school or for any capital construction project

16

described in subsection (9) or (10) of this section.

17

(b)

The commission may except from the requirements for

18

program and physical planning any project that shall require less than two

19

million dollars of state moneys.

20

(6) (a)

The commission shall request annually from each

21

governing board of each state institution of higher education a five-year

22

projection of capital development projects to be constructed but not

23

including those projects constructed pursuant to subsection (9) or (10) of

24

this section. The projection shall include the estimated cost, the method

25

of funding, a schedule for project completion, and the governing

26

board-approved priority for each project.

27

determine whether a proposed project is consistent with the role and

-20-

The commission shall

DRAFT

DRAFT 10.30.09 1

mission and master planning of the institution and conforms to standards

2

recommended by the commission.

3

(b) The commission shall request annually from the governing

4

board of each state institution of higher education a two-year projection

5

of capital construction projects to be constructed pursuant to subsection

6

(9) or (10) of this section and estimated to require total project

7

expenditures exceeding two million dollars. The projection shall include

8

the estimated cost, the method of funding, and a schedule for project

9

completion for each project. An institution shall amend the projection

10

prior to commencing a project that is not included in the institution's most

11

recent projection.

12

(7) (a) The commission annually shall prepare a unified, five-year

13

capital improvements report of projects to be constructed, but not

14

including those projects constructed pursuant to subsection (9) or (10) of

15

this section, coordinated with education plans. The commission shall

16

transmit the report to the office of state planning and budgeting, the

17

governor, and the general assembly, consistent with the executive budget

18

timetable, together with a recommended priority of funding of capital

19

construction projects for the system of public higher education. The

20

commission shall annually transmit the recommended priority of funding

21

of capital construction projects to the capital development committee no

22

later than November 1 of each year.

23

(b) Except as provided in subsection (5) of this section, it is the

24

policy of the general assembly to appropriate funds only for projects

25

approved by the commission.

26

(c) (I) The commission annually shall prepare a unified, two-year

27

capital improvements report for projects to be constructed pursuant to

-21-

DRAFT

DRAFT 10.30.09 1

subsection (9) or (10) of this section and estimated to require total project

2

expenditures exceeding two million dollars, coordinated with education

3

plans. The commission shall transmit the report to the office of state

4

planning and budgeting, the governor, and the general assembly,

5

consistent with the executive budget timetable.

6

(II) (A) Commencing in the 2010 regular legislative session, and

7

in each regular legislative session thereafter, the commission shall submit

8

the two-year projections prepared by each state institution of higher

9

education for the 2010-11 and 2011-12 fiscal years, and for each two-year

10

period thereafter as applicable, to the office of state planning and

11

budgeting and the capital development committee. Beginning in the 2010

12

regular legislative session and in each regular legislative session

13

thereafter, the capital development committee shall conduct a hearing on

14

the projections and either approve the projections or return the projections

15

to the institution for modification. The commission and the office of state

16

planning and budgeting shall provide the capital development committee

17

with comments concerning each projection.

18

(B) A state institution of higher education may submit to the staff

19

of the capital development committee, the commission, and the office of

20

state planning and budgeting an amendment to its approved two-year

21

projection. The capital development committee shall conduct a hearing

22

on the amendment within thirty days after submission during a regular

23

legislative session of the general assembly or within forty-five days after

24

submission during any period that the general assembly is not in regular

25

legislative session. The capital development committee shall either

26

approve the projections or return the projections to the institution for

27

modification. The commission and the office of state planning and

-22-

DRAFT

DRAFT 10.30.09 1

budgeting shall provide the capital development committee with

2

comments concerning each amendment.

3

(8)

Any acquisition of real property by a state-supported

4

institution of higher education that is conditional upon or requires

5

expenditures of state-controlled funds or federal funds shall be subject to

6

the approval of the commission, whether acquisition is by lease-purchase,

7

purchase, gift, or otherwise.

8

(9) (a) Except as provided in paragraph (d) of this subsection (9),

9

a capital construction project initiated by the governing board of a

10

state-supported institution of higher education that is contained in the

11

most recent unified, two-year capital improvements project projection

12

approved pursuant to subparagraph (II) of paragraph (c) of subsection (7)

13

of this section, as the projection may be amended from time to time, and

14

that is to be constructed, operated, and maintained solely from cash funds

15

held by the institution shall not be subject to additional review or

16

approval by the commission, the office of state planning and budgeting,

17

the capital development committee, or the joint budget committee.

18

(b) Except as provided in paragraph (d) of this subsection (9), a

19

capital construction project for an academic building initiated by the

20

governing board of a state-supported institution of higher education that

21

is contained in the most recent unified, two-year capital improvements

22

project projection approved pursuant to subparagraph (II) of paragraph (c)

23

of subsection (7) of this section, as the projection may be amended from

24

time to time, and that is to be constructed solely from cash funds held by

25

the institution and operated and maintained from such funds or from state

26

moneys appropriated for such purpose, or both, shall not be subject to

27

additional review or approval by the commission, the office of state

-23-

DRAFT

DRAFT 10.30.09 1

planning and budgeting, the capital development committee, or the joint

2

budget committee.

3

paragraph (b) shall comply with the high performance standard

4

certification program established pursuant to section 24-30-1305, C.R.S.

5

(c)

Any capital construction project subject to this

Each governing board shall ensure, consistent with its

6

responsibilities as set forth in section 5 (2) of article VIII of the state

7

constitution, that a capital construction project initiated pursuant to this

8

subsection (9) shall be in accordance with its institution's mission, be of

9

a size and scope to provide for the defined program needs, and be

10

designed in accordance with all applicable building codes and

11

accessibility standards.

12

(d) (I) The provisions of this subsection (9) shall not apply to a

13

project that is to be constructed in whole or in part using moneys subject

14

to the higher education revenue bond intercept program established

15

pursuant to section 23-5-139.

16

(II) Any plan for any such capital construction project that is

17

estimated to require total expenditures of two million dollars or less shall

18

not be subject to review or approval by the commission.

19

(10) (a) (I) The commission shall review and approve any plan for

20

a capital construction project that is estimated to require total

21

expenditures exceeding two million dollars and that is to be constructed,

22

operated, and maintained solely from cash funds held by the institution

23

that, in whole or in part, are subject to the higher education revenue bond

24

intercept program established pursuant to section 23-5-139.

25

(II) The commission shall review and approve any plan for a

26

capital construction project for an academic building that is estimated to

27

require total expenditures exceeding two million dollars, that is to be

-24-

DRAFT

DRAFT 10.30.09 1

constructed solely from cash funds held by the institution that, in whole

2

or in part, are subject to the higher education revenue bond intercept

3

program established pursuant to section 23-5-139, and that is operated

4

and maintained from such cash funds or from state moneys appropriated

5

for such purpose, or both. Any capital construction project subject to this

6

subparagraph (II) shall comply with the high performance standard

7

certification program established pursuant to section 24-30-1305, C.R.S.

8

(III) Any plan for any such capital construction project that is

9

estimated to require total expenditures of two million dollars or less shall

10

not be subject to review or approval by the commission.

11

(b) Upon approval of a plan for a capital construction project

12

pursuant to paragraph (a) of this subsection (10), the commission shall

13

submit the plan to the capital development committee. The capital

14

development committee shall make a recommendation regarding the

15

project to the joint budget committee. Following the receipt of the

16

recommendation,

17

recommendations regarding the project, with written comments, to the

18

commission.

the

joint

budget

committee

shall

refer

its

19

(10.5) (a) For any project commenced pursuant to subsection (9)

20

or (10) of this section, if, after commencement of construction, the

21

governing board of the institution receives an additional gift, grant, or

22

donation for the project, the governing board may amend the project

23

without the approval of the commission, the office of state planning and

24

budgeting, the capital development committee, or the joint budget

25

committee so long as the governing board notifies the commission, the

26

office of state planning and budgeting, the capital development

27

committee, and the joint budget committee in writing, explaining how the

-25-

DRAFT

DRAFT 10.30.09 1

project has been amended and verifying the receipt of the additional gift,

2

grant, or donation.

3

(b) For any project commenced pursuant to subsection (9) or (10)

4

of this section, the governing board may enhance the project in an amount

5

not to exceed fifteen percent of the original estimate of the cost of the

6

project without the approval of the commission, the office of state

7

planning and budgeting, the capital development committee, or the joint

8

budget committee so long as the governing board notifies the

9

commission, the office of state planning and budgeting, the capital

10

development committee, and the joint budget committee in writing,

11

explaining how the project has been enhanced and the source of the

12

moneys for the enhancement.

13

(11) (a) Each state institution of higher education shall submit to

14

the commission on or before September 1 of each year a list and

15

description of each project for which an expenditure was made during the

16

immediately preceding fiscal year that:

17 18

(I) Was not subject to review by the commission pursuant to subsection (9) of this section;

19

(II) Was approved pursuant to subsection (10) of this section;

20

(III) Was estimated to require total expenditures of two million

21

dollars or less; or

22

(IV)

23

Was amended or enhanced after commencement of

construction pursuant to subsection (10.5) of this section.

24

(b) The commission shall submit a compilation of the projects to

25

the capital development committee on or before December 1 of each year.

26

(12) Each institution shall submit to the commission a facility

27

management plan or update required by section 24-30-1303.5 (3.5),

-26-

DRAFT

DRAFT 10.30.09 1

C.R.S. The commission shall review the facility management plan or

2

update and make recommendations regarding it to the department of

3

personnel.

4

(13) The provisions of this section shall not apply to any local

5

junior college district that is not a part of the state system and not eligible

6

to receive any state funds for capital construction pursuant to section

7

23-71-202 (3).

8 9 10

SECTION 18. 24-37-304 (1) (c.3) (I), Colorado Revised Statutes, is amended to read: 24-37-304.

Additional budgeting responsibilities.

(1)

In

11

addition to the responsibilities enumerated in section 24-37-302, the

12

office of state planning and budgeting shall:

13

(c.3) (I)

Except for projects authorized pursuant SUBJECT to

14

section 23-1-106, (9) or (10), C.R.S., ensure submission of all capital

15

construction and controlled maintenance requests and proposals for the

16

acquisition of capital assets by each state department, institution, and

17

agency to the capital development committee no later than September 1

18

of each year;

19

SECTION 19.

20

Statutes, is amended to read:

21 22

24-30-1301 (13) (b) (I), Colorado Revised

24-30-1301. Definitions. As used in this part 13, unless the context otherwise requires:

23

(b) "State-assisted facility" does not include:

24

(I) A facility specified in section 23-1-106, (9), C.R.S.; or

25

SECTION 20. 24-30-1303 (5) (c), Colorado Revised Statutes, is

26 27

amended to read:

24-30-1303.

Department of personnel - responsibilities.

-27-

DRAFT

DRAFT 10.30.09 1

(5) (c) If the executive director determines that the governing board of

2

a state institution of higher education has adopted procedures that

3

adequately meet the safeguards set forth in the requirements of part 14 of

4

this article and article 92 of this title, the executive director may exempt

5

the institution from any of the procedural requirements of part 14 of this

6

article and article 92 of this title in regard to a capital construction project

7

to be constructed pursuant to the provisions of section 23-1-106 (9) or

8

(10), C.R.S.; except that the selection of any contractor to perform

9

professional services as defined in section 24-30-1402 (6) shall be made

10

in accordance with the criteria set forth in section 24-30-1403 (2). A

11

PROJECT SUBJECT TO SECTION 23-1-106, C.R.S., SHALL BE EXEMPT FROM

12

THE PROCEDURAL REQUIREMENTS SET FORTH IN PART 14 OF THIS ARTICLE

13

AND ARTICLE 92 OF THIS TITLE.

14 15

SECTION 21. 24-75-303 (3), Colorado Revised Statutes, is amended to read:

16

24-75-303. Appropriation for capital construction. (3) (a) A

17

capital construction project for a state-supported institution of higher

18

education that is estimated to require total expenditures exceeding two

19

million dollars may not be commenced unless:

20

(I) The project:

21

(A) Is to be constructed solely from cash funds held by the

22

institution;

23

(B) Is to be constructed in whole or in part using moneys subject

24

to the higher education revenue bond intercept program established

25

pursuant to section 23-5-139, C.R.S.; and

26

(C) Has been approved by the Colorado commission on higher

27

education pursuant to COMPLIED WITH section 23-1-106, (10), C.R.S.; or

-28-

DRAFT

DRAFT 10.30.09 1

(II) (A) The plan for the project was contained in the most recent

2

unified, two-year capital improvements projection provided pursuant to

3

section 23-1-106 (6) (b), C.R.S., as the projection may be amended from

4

time to time;

5 6

(B) The project has been approved by the governing board of the institution; and

7

(C) The project is to be constructed, operated, and maintained

8

solely from cash funds held by the institution, or the project is an

9

academic building and is to be constructed solely from cash funds held by

10

the institution, but may be operated or maintained using cash funds or

11

state moneys appropriated for such purposes, or both.

12

(b) This subsection (3) shall not apply to any capital construction

13

project of a state-supported institution of higher education that requires

14

an appropriation of state moneys from the capital construction fund

15

created in section 24-75-302 (1).

16

<{ Would the committee like a safety clause? }>

-29-

DRAFT