HOUSE 3rd Reading Unamended April 18, 2011 HOUSE Amended 2nd Reading April 11, 2011First Regular Session Sixty-eighth General Assembly STATE OF COLORADO CORRECTED REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 11-0756.01 Jery Payne HOUSE BILL 11-1272 HOUSE SPONSORSHIP Vaad and Looper, SENATE SPONSORSHIP Tochtrop, House Committees Senate Committees Transportation Appropriations A BILL FOR AN ACT Concerning the evaluation of driver-improvement schools that people attend as a result of violating a traffic law, and making an appropriation therefor. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill repeals provisions requiring: The department of revenue to contract with a private entity to monitor and evaluate driver-improvement schools; and People who are ordered by a court to attend a driver-improvement school to register with the private entity and pay a surcharge. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Repeal. 42-1-223, Colorado Revised Statutes, is repealed as follows: 42-1-223. Monitoring driving improvement schools - fund - rules. (1) The defensive driving school fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund shall consist of penalty surcharges collected pursuant to section 42-4-1717 (3). The moneys in the fund shall be used to implement a program to monitor and evaluate driver improvement schools pursuant to this section. The moneys in the fund at the end of each fiscal year shall not revert to the general fund. (2) The department shall, in accordance with article 103 of title 24, C.R.S., contract with a private entity by July 1, 2010, to monitor and evaluate the curriculum and effectiveness of driver improvement classes required by section 42-4-1717. The private entity shall submit a report to the referring court within three months after a school has been evaluated summarizing the curriculum, location, security, quality, and effectiveness of the classes. The private entity shall also submit an abstract of such reports to the department annually. (3) The department may promulgate rules setting standards for frequency and types of evaluations based upon the revenue received pursuant to section 42-4-1717 and the expected effectiveness of frequencies and types of evaluations. SECTION 2. Repeal. 42-4-1717 (3), Colorado Revised Statutes, is repealed as follows: 42-4-1717. Conviction - attendance at driver improvement school - rules. (3) (a) Effective January 1, 2010, a person who is required to attend a course of instruction pursuant to subsection (1) or (2) of this section shall pay, in addition to any other penalties, a penalty surcharge as determined by rules promulgated by the department. The driver improvement school shall collect the penalty surcharge and remit it to the department at least monthly in accordance with rules promulgated by the department. The department shall set the penalty surcharge in an amount to offset the direct and indirect cost of implementing section 42-1-223. The penalty surcharge shall be transferred to the state treasurer and credited to the defensive driving school fund created in section 42-1-223. (b) The court shall include on the referral form information concerning the amount and purpose of the penalty surcharge. If the court determines that a person is unable to pay the cost of the penalty surcharge, the court may waive the surcharge and the driver improvement school shall not collect nor remit the penalty surcharge to the department. (c) A person who is required to attend a course of instruction pursuant to subsection (1) or (2) of this section shall register with the entity that monitors the driver improvement school pursuant to section 42-1-223. If the person satisfactorily completes the course, the driver improvement school shall electronically notify the entity. SECTION 3. The appropriation to the department of revenue for the fiscal year beginning July 1, 2010, as enacted in Part XIX (5) (B) and the affected totals of section 2 of chapter 453, Session Laws of Colorado 2010 (HB 10-1376), as amended by section 1 of Senate Bill 11-152, is amended to read: Section 2. Appropriation. PART XIX DEPARTMENT OF REVENUE (5) DIVISION OF MOTOR VEHICLES (B) Driver and Vehicle Services Personal Services 16,649,645 9,351,125 7,298,520 a 16,611,082 7,259,957 a (379.3 FTE) (379.2 FTE) Operating Expenses 1,679,482 1,214,937 464,545 a 1,679,401 464,464 a Drivers License Documents 3,051,030 1,792,770 1,258,260 b License Plate Ordering 6,468,896 6,468,896 c 27,849,053 27,810,409 a These amounts reflect direct program costs from the following sources: $3,464,311 shall be from the Licensing Services Cash Fund created in Section 42-2-114.5 (1), C.R.S., $2,246,318 shall be from the Driver's License Administrative Revocation Account, a subaccount of the Highway Users Tax Fund created in Section 42-2-132 (4) (b) (I) (A), C.R.S., $1,149,174 shall be from the highway users tax fund pursuant to Section 43-4-201 (3) (a) (III) (C), C.R.S., $327,600 shall be from the Colorado State Titling and Registration Account created in Section 42-1-211 (2), C.R.S., $226,556 $187,912 shall be from the Defensive Driving School Fund created in Section 42-1-223 (1), C.R.S., $210,933 shall be from the Outstanding Judgments and Warrants Account as administered under Section 42-2-118 (3) (c), C.R.S., $73,650 shall be from the Penalty Assessment Account as administered under the provisions of Section 42-1-217 (2), C.R.S., $58,681shall be from the County Jail Identification Processing Unit Fund created in section 42-2-312, C.R.S., $3,842 shall be from the Auto Dealers License Fund created in Section 12-6-123 (1), C.R.S., and $2,000 shall be from the Persistent Drunk Driver Cash Fund created in Section 42-3-303 (1), C.R.S. b Of this amount, $842,709 shall be from the identification security fund created in Section 42-1-220 (1), C.R.S. and $415,551 shall be from the licensing services cash fund created in Section 42-2-114.5 (1), C.R.S. c This amount shall be from the License Plate Cash Fund created in Section 42-3-301 (1) (b), C.R.S. TOTALS PART XIX (REVENUE) $716,432,437 $90,145,719 a $623,308,693 b $1,494,825 $1,483,200 $716,393,793 $623,270,049 b a Of this amount, $19,500,000 is included as information for the purpose of complying with the limitation on state fiscal year spending imposed by Article X, Section 20 of the State Constitution. These amounts are continuously appropriated by a permanent statute or constitutional provision, and shall not be deemed to be an appropriation subject to the limitations of Section 24-75-201.1, C.R.S. b Of this amount, $10,815,405 is from the Highway Users Tax Fund pursuant to Section 43-4-201 (3) (a) (III) (C), C.R.S., and $495,330 is from the Highway Users Tax Fund exempt from the statutory limit pursuant to Section 43-4-201 (3) (a) (V), C.R.S. SECTION 4. Appropriation - adjustments in 2011 long bill. For the implementation of this act, the appropriation made in the annual general appropriation act for the fiscal year beginning July 1, 2011, to the department of revenue, division of motor vehicles, is decreased by two hundred twenty-six thousand five hundred fifty-six dollars ($226,556) cash funds and 0.5 FTE. Said sum shall be from the defensive driving school fund created in section 42-1-223 (1), Colorado Revised Statutes. SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.