Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 14-0809.01 Michael Dohr x4347 HOUSE BILL 14-1209 HOUSE SPONSORSHIP Stephens, Coram, Landgraf, McNulty, Navarro, Priola, Waller, Wilson SENATE SPONSORSHIP (None), House Committees Senate Committees Health, Insurance, & Environment A BILL FOR AN ACT Concerning creation of the marijuana diversion prevention grant program. 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 permits the general assembly to appropriate surplus funds in the marijuana cash fund to the marijuana diversion prevention grant program. The bill creates the marijuana diversion prevention grant program (grant program) that is administered by the state controller. The grant program will provide grants to the state patrol and other state law enforcement agencies that share a border with Colorado to prevent diversion of retail marijuana from Colorado and apprehend those attempting to divert retail marijuana from Colorado. The grant program includes a grant review committee consisting of: The state controller; The executive director of the department of public safety, or his or her designee; The executive director of the statewide organization representing sheriffs, or his or her designee; and The executive director of the statewide organization representing the chiefs of police, or his or her designee. In a fiscal year in which the general assembly appropriates money to the grant program, a law enforcement agency seeking a grant must apply by August 1. The application must include a description of how the money will be used, a description of law enforcement cooperation in using the money, and the amount requested itemized by personnel costs, equipment costs, and other costs, plus any other information required. The grant review committee shall award grants based on need and effectiveness. The Colorado state patrol must receive priority in receiving grants. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 12-43.3-501, amend (1) (b) introductory portion, (1) (b) (IV), and (1) (b) (V); and add (1) (b) (VI) as follows: 12-43.3-501. Marijuana cash fund - repeal. (1) (b) Moneys in the fund shall be are subject to annual appropriation by the general assembly to: (IV) The department of law for the training described in section 24-31-313, C.R.S.; and (V) The general fund to repay two million dollars to the general fund for the transfers required by section 39-26-123 (6), C.R.S.; and (VI) (A) The state controller to administer the marijuana diversion prevention grant program created in section 24-30-201 (3), C.R.S., if the fund has a surplus. (B) The appropriation under this subparagraph (VI) must not exceed one million dollars during the 2014-15 and 2015-16 fiscal years. This sub-subparagraph (B) is repealed, effective July 1, 2016. SECTION 2. In Colorado Revised Statutes, 24-30-201, add (3) as follows: 24-30-201. Accounts and control - controller - marijuana diversion prevention grants - committee. (3) (a) There is created a marijuana diversion prevention grant program, referred to in this section as the "grant program", to be administered by the state controller. The grant program shall provide grants to the Colorado state patrol and other state law enforcement agencies in states that share a border with Colorado to assist efforts that prevent retail marijuana diversion outside of the state of Colorado. (b) There is created a grant review committee. The members of the grant review committee are: (I) The state controller, who shall serve as the chair; (II) The executive director of the department of public safety, or his or her designee; (III) The executive director of a statewide organization representing sheriffs, or his or her designee; and (IV) The executive director of a statewide organization representing chiefs of police, or his or her designee. (c) (I) The state controller shall develop an application form that must include at a minimum: (A) A description of how the money will be used to prevent diversion of retail marijuana from Colorado or how it will be used to apprehend those who divert retail marijuana out of the state; (B) A description of how the law enforcement entity will coordinate with other law enforcement entities and government agencies in its effort; and (C) The grant amount requested itemized by personnel costs, equipment costs, and other costs. (II) An entity that wishes to apply for a grant shall apply by August 1 of any year in which the general assembly appropriates money to the grant program. (III) After August 1 of any year in which the general assembly appropriates money to the grant program, the controller shall convene the grant review committee created in paragraph (b) of this subsection (3). (IV) The grant review committee shall review the applications and make awards based on the need and effectiveness of the proposals. The grant review committee shall give priority to a grant application from the Colorado state patrol. 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.