HOUSE 3rd Reading Unamended April 15, 2013 HOUSE Amended 2nd Reading April 12, 2013First Regular Session Sixty-ninth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 13-0567.03 Ed DeCecco x4216 HOUSE BILL 13-1261 HOUSE SPONSORSHIP Garcia and Dore, Buckner, Conti, Coram, Court, Exum, Fischer, Foote, Hamner, Hullinghorst, Kagan, Labuda, Landgraf, Lawrence, Lebsock, Lee, McLachlan, McNulty, Melton, Mitsch Bush, Moreno, Murray, Navarro, Pabon, Primavera, Rankin, Rosenthal, Ryden, Salazar, Singer, Stephens, Szabo, Tyler, Vigil, Wilson, Ferrandino, Ginal, Pettersen SENATE SPONSORSHIP Crowder and Giron, House Committees Senate Committees Local Government Appropriations A BILL FOR AN ACT Concerning the use of the property where the Fort Lyon correctional facility was located, and, in connection therewith, making an appropriation. 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 designates a portion of the Fort Lyon property, which was the site of a former state correctional facility, as a transitional residential community for the homeless to provide substance abuse supportive services, medical care, job training, and skill development for the residents. For this purpose, the division of housing in the department of local affairs is required to provide for the maintenance and operation of the Fort Lyon property and to enter into a contract with a private contractor to establish the residential community. In addition, the division is authorized to: Solicit, accept, and expend gifts, grants, and donations from public and private sources related to the operation of the residential community, which moneys are deposited into the newly created Fort Lyon property cash fund; and Lease all or part of the Fort Lyon property, with the cooperation of the department of personnel, to Bent county for the purpose of allowing the county to provide for the maintenance and operation of the property. The governor's office or a state agency designated by the governor is authorized to receive a new quitclaim deed from the federal secretary of veterans affairs that provides the state with title to the Fort Lyon property that does not limit the use of the property. The department of corrections is prohibited from removing any supplies, personal property, or fixtures from the Fort Lyon property. The division is required to annually submit to legislative committees a report about the residential facility. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 24-32-724 as follows: 24-32-724. Fort Lyon property - transitional residential community - report - Fort Lyon property cash fund - created - legislative declaration - definitions - repeal. (1) The general assembly hereby finds and declares that: (a) On September 12, 2002, the state of Colorado received the Fort Lyon property from the United States department of veterans affairs, which had previously operated a medical center there; (b) The department of corrections used the Fort Lyon property to operate a correctional facility to house geriatric and ill inmates; (c) The correctional facility was decommissioned on March 1, 2012, which had a devastating impact on the local economy; (d) There are over one hundred abandoned buildings on the Fort Lyon property, which includes over five hundred acres; (e) Rather than having this significant state asset sit vacant, the state should use the Fort Lyon property to benefit the citizens of the state; (f) One such use is for the division to enter into a contract to establish a transitional residential community; (g) The transitional residential community would provide critical help for chronically homeless individuals with substance use disorders and mental illness; and (h) These individuals, many of whom are military veterans, will benefit from the services offered at the residential community, including substance abuse supportive services, medical care, job training, and skill development. (2) As used in this section: (a) "Fort Lyon property" means the real property described in the quitclaim deed of September 12, 2002, that the federal secretary of veterans affairs conveyed to the state of Colorado for the purpose of operating a correctional facility. (b) "Residential community" means the transitional residential community for the homeless that is established in paragraph (a) of subsection (3) of this section. (3) (a) A portion of the Fort Lyon property is designated as a transitional residential community for the homeless for the purpose of providing substance abuse supportive services, medical care, job training, and skill development for the residents. (b) The division shall enter into a contract with a private contractor to establish the residential community. The contractor selected by the division must be experienced in providing statewide integrated housing, health care, and supportive service programs for homeless individuals. (c) (I) The division may solicit, accept, and expend gifts, grants, and donations from public and private sources related to the operation of the residential community. The division shall transmit any moneys so received to the state treasurer, who shall credit the same to the Fort Lyon property cash fund, which is hereby created in the state treasury. The division may expend any gifts, grants, or donations that are custodial funds without any further appropriation by the general assembly. Any state moneys in the fund are continuously appropriated to the division for the direct and indirect costs of operating the residential community. Any interest derived from the deposit and investment of moneys in the fund is credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. (II) On the effective date of this subparagraph (II), the state treasurer shall deposit in the Fort Lyon property cash fund any insurance proceeds that the department of corrections received for damage to the Fort Lyon property. The division shall use these moneys in the fund for repairs to the property. (III) This section is exempt from the provisions of part 13 of article 75 of this title. (4) (a) Except as set forth in paragraph (b) of this subsection (3), the division shall provide for the maintenance and operation of the Fort Lyon property. (b) The division, in cooperation with the department of personnel, may lease all or part of the Fort Lyon property to Bent county for the purpose of allowing the county to provide for the maintenance and operation of the property. (5) The department of corrections shall not remove any supplies, personal property, or fixtures from the Fort Lyon property. (6) The governor's office or a state agency designated by the governor is authorized to receive a new quitclaim deed from the federal secretary of veterans affairs that provides the state with title to the Fort Lyon property that does not limit the use of the property. (7) (a) On or before January 31, 2015, and on or before January 31 of each year thereafter, the division shall submit to the joint budget committee and the local government committees of the house of representatives and the senate, or any successor committees, a report that includes the following information about the residential facility for the preceding fiscal year: (I) The number of residents; (II) The length of stay for residents; (III) Any available demographic information regarding the residents, including the number of military veterans; (IV) The employment and housing information for residents after they leave the residential facility; and (V) Any other information that the division deems relevant. (b) Section 24-1-136 (11) does not apply to the report required by paragraph (a) of this subsection (6). SECTION 2. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of local affairs, for the fiscal year beginning July 1, 2013, the sum of $2,788,851, or so much thereof as may be necessary, to be allocated to the division of housing for the implementation of this act as follows: (a) $605,000 for client care contract personal services; (b) $686,835 for maintenance and operations contract personal services; (c) $245,000 for maintenance and operations contract operating expenses; (d) $10,000 for pharmaceuticals; (e) $48,000 for risk management insurance premiums; and (f) $1,194,016 for utilities. SECTION 3. 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.April 15, 2013