NOTE: The governor signed this measure on 5/31/2014.
      
      
      HOUSE BILL 14-1310
      
      
      BY REPRESENTATIVE(S) Ginal and Gardner, Fields, Gerou, Kagan,
      Labuda, Lee, Mitsch Bush, Pettersen, Rosenthal, Ryden, Schafer, Tyler,
      Young;
      also SENATOR(S) King and Johnston, Crowder, Herpin, Rivera.
      
      
      Concerning the provision of breath-testing devices to law
      enforcement agencies.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 42-4-1301.1, add (9)
      as follows:
      
           42-4-1301.1.  Expressed consent for the taking of blood, breath,
      urine, or saliva sample - testing - fund - rules - repeal. (9) (a)  There is
      created in the state treasury the evidential breath testing cash
      fund, referred to in this section as the "fund", for the collection
      of moneys to purchase breath-testing devices for law
      enforcement agencies. The fund includes any moneys appropriated
      to the fund by the general assembly and any moneys credited to
      the fund pursuant to paragraph (c) of this subsection (9). The
      moneys in the fund are subject to annual appropriation by the
      general assembly to the department of public health and
      environment created in section 25-1-102, C.R.S., for the purposes
      described in this subsection (9).
      
           (b)  All interest derived from the deposit and investment of
      moneys in the fund must remain in the fund. Any unexpended or
      unencumbered moneys remaining in the fund at the end of a fiscal
      year must remain in the fund and not be transferred or credited
      to the general fund or another fund; except that any such
      unexpended and unencumbered moneys in excess of two million
      dollars must be credited to the general fund.
      
           (c)  The department of public health and environment is
      authorized to accept any gifts, grants, or donations from any
      private or public source on behalf of the state for the purposes
      described in this section. The department of public health and
      environment shall transmit all such gifts, grants, and donations
      to the state treasurer, who shall credit the same to the fund.
      
           (d)  The state board of health created in section 25-1-103,
      C.R.S., may promulgate rules for the administration of the fund
      for the purposes described in this subsection (9).
      
           (e)  This subsection (9) is repealed, effective September 1,
      2024. Before repeal, the department of regulatory agencies,
      pursuant to 24-34-104, shall review the use of the fund by the
      department of public health and environment for the purposes
      described in this subsection (9).
      
           SECTION 2.  In Colorado Revised Statutes, 24-34-104, add (55) (g)
      as follows:
      
           24-34-104.  General assembly review of regulatory agencies and
      functions for termination, continuation, or reestablishment. (55)  The
      following agencies, functions, or both, terminate on September 1, 2024:
      
           (g)  The evidential breath testing cash fund, created by
      section 42-4-1301.1 (9), C.R.S.
      
           SECTION 3.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      6, 2014, if adjournment sine die is on May 7, 2014); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2014
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                        Morgan Carroll
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO