Senate Bill 94-157

• Description: Senate Bill 94-157
• State: CO
• Date: 6/1/1994
• Author: Norton, Tom; Berry, Charles; Albi, Joan; Rodrigue, Judith; Romer, Roy
• Title: Senate Bill 94-157
• Water Supply Pro - Doc Type: Legislation

THE FEDERAL CONSTITUTIONAL PROVISIONS AND THE STATE CONSTITUTIONAL
OR STATUTORY PROVISIONS THAT AUTHORIZE THE STATE PROGRAM. THE
-c j JOINT :BUDGET COMMITTEE SHALL REVIEW THE BUDGET REQUEST AND
DETERMINE WHETHER ADDITIONAL STATE STATUTORY AUTHORITY IS REQUIRED
f IN ORDER TO IMPLEMENT THE STATE PROGRAM AND SHALL MAKE
RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE EXECUTIVE
COMMITTEE THEREON.
(c) THE GENERAL ASSEMBLY, AFTER RECEIVING A RECOMMENDATION
FROM THE JOINT BUDGET COMMITTEE AND THE EXECUTIVE COMMITTEE, SHALL
DETERMINE WHETHER A STATE PROGRAM IS NECESSARY AND WHETHER FEDERAL
CONSTITUTIONAL AUTHORITY AND STATE CONSTITUTIONAL OR STATUTORY
� CAU AUTHORITY EXIST. THE GENERAL ASSEMBLY SHALL EXERCISE A CRITICAL
v�F VIEW TOWARD THE INTERPRETATION OF THE FEDERAL STATUTE FOUND IN
FEDERAL REGULATIONS, GUIDELINES, OR POLICIES. ENACTMENT OF STATE
APPROPRIATIONS FOR A STATE PROGRAM SHALL CONSTITUTE THE GENERAL
ASSEMBLY'S DETERMINATION THAT THE STATE-PROGRAM IS NECESSARY AND
THAT FEDERAL CONSTITUTIONAL AUTHORITY AND STATE CONSTITUTIONAL OR
€� �N STATUTORY AUTHORITY EXIST. STATE APPROPRIATIONS MAY NOT BE BASED
SOLELY ON REQUIREMENTS FOUND IN REGULATIONS, GUIDELINES, OR
POLICIES OF A FEDERAL AGENCY.
(d) PRIOR TO RECOMMENDING TO THE GENERAL ASSEMBLY ANY
BUDGET FOR A STATE AGENCY THAT IS CHARGED WITH IMPLEMENTING
FEDERAL MANDATES, THE OFFICE OF STATE PLANNING AND BUDGETING AND
OJPt, 7P�C
THE JOINT BUDGET COMMITTEE SHALL REQUIRE THAT THE STATE AGENCY
.f-ey�, -14 -�
PROVIDE INFORMATION REGARDING ANY MONETARY SAVINGS FOR THE STATE
AND ANY REDUCTION IN REGULATORY BURDENS ON THE PUBLIC AND ON LOCAL
GOVERNMENTS THAT COULD BE OR HAVE BEEN ACHIEVED THROUGH THE
DEVELOPMENT OF STATE POLICIES THAT MEET THE INTENT OF THE FEDERAL
STATUTE BUT DO NOT NECESSARILY FOLLOW ALL APPLICABLE FEDERAL
REGULATIONS, GUIDELINES, OR POLICIES. THE STATE AGENCY SHALL ALSO
PROVIDE ADVICE TO THE OFFICE OF STATE PLANNING AND BUDGETING AND
THE JOINT BUDGET COMMITTEE REGARDING ANY CHANGES IN STATE STATUTES
THAT ARE NECESSARY TO PROVIDE THE STATE AGENCY THE AUTHORITY TO
IMPLEMENT STATE POLICIES IN SUCH A WAY AS TO CREATE ADDITIONAL
SAVINGS OR GREATER REDUCTIONS IN REGULATORY BURDENS. THE OFFICE
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OF STATE PLANNING AND BUDGETING SHALL REVIEW AND COMPILE THE
ca-'"4 '40
INFORMATION RECEIVED FROM STATE AGENCIES PURSUANT TO THIS SECTION
AND SHALL INCLUDE RECOMMENDATIONS IN ITS ANNUAL BUDGET REQUEST TO
THE JOINT BUDGET COMMITTEE BASED UPON SUCH INFORMATION.
(3) FOR PURPOSES OF THIS SECTION, "STATE PROGRAM" DOES NOT
INCLUDE ANY PORTION OF A PROGRAM THAT IS FUNDED WITH NON -TAX OR
NON -FEE REVENUES, OR BOTH, WHICH STATE AUTHORITIES ARE REQUIRED
TO ADMINISTER IN A TRUSTEESHIP OR CUSTODIAL CAPACITY AND WHICH ARE
NOT SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY.
PART 2
EXERCISE OF STATE AUTHORITY
24 -78 7201. Requests for information regarding federal
PAGE 6-SENATE BILL 94 -157