Second Regular Session
Sixty-first General Assembly
LLS NO. 980024.01 MKH
HOUSE BILL 981206
STATE OF COLORADO
BY REPRESENTATIVE Grampsas;
also SENATOR Hopper.
LOCAL GOVERNMENT
A BILL FOR AN ACT
CONCERNING THE USE OF A PORTION OF THE STATE'S SHARE
OF LIMITED GAMING REVENUES TO ASSIST COUNTIES IN WHICH CITIES
WHERE LIMITED GAMING IS PERMITTED ARE LOCATED FOR THE COSTS OF
DETOXIFICATION CENTERS.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Establishes the detoxification services fund for
the compensation of counties in which cities where limited gaming
is permitted are located for the maintenance and operation of
detoxification centers. Provides that a percentage of the share
of limited gaming revenues shall be transferred to the detoxification
services fund. Specifies the basis upon which revenues in the
detoxification services fund are distributed to the counties.
Defines "detoxification center".
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 47.1 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:
1247.11701. Detoxification services fund. (1) THERE IS HEREBY CREATED IN THE OFFICE OF THE STATE TREASURER THE DETOXIFICATION SERVICES FUND, REFERRED TO IN THIS PART 17 AS THE "FUND", FOR THE PURPOSE OF COMPENSATING COUNTIES IN WHICH CITIES WHERE LIMITED GAMING IS PERMITTED ARE LOCATED FOR EXPENSES INCURRED IN MAINTAINING AND OPERATING DETOXIFICATION CENTERS. SAID FUND SHALL CONSIST OF MONEYS TRANSFERRED PURSUANT TO SECTION 1247.1701 (1) (c) (VI) AND ANY MONEYS REIMBURSED PURSUANT TO PARAGRAPH (d) OF SUBSECTION (3) OF THIS SECTION.
(2) FOR PURPOSES OF THIS PART 17, "DETOXIFICATION CENTER" MEANS A FACILITY THAT IS USED TO TEMPORARILY CONFINE A PERSON WHOSE MENTAL OR PHYSICAL FUNCTIONING IS TEMPORARILY BUT SUBSTANTIALLY IMPAIRED AS A RESULT OF THE PRESENCE OF ALCOHOL IN THE BODY UNTIL SUCH PERSON IS NO LONGER SO IMPAIRED.
(3) (a) WITHIN THIRTY DAYS OF A TRANSFER TO THE FUND, THE STATE TREASURER SHALL MAKE DISTRIBUTIONS TO THE GOVERNING BODIES OF THE COUNTY OF GILPIN AND THE COUNTY OF TELLER FOR THEIR EXPENSES IN MAINTAINING AND OPERATING DETOXIFICATION CENTERS. MONEYS SHALL BE DISTRIBUTED TO SAID COUNTIES IN PROPORTION TO THE AMOUNT OF MONEYS, OTHER THAN MONEYS RECEIVED PURSUANT TO THIS PARAGRAPH (a), THAT EACH COUNTY ACTUALLY EXPENDED ON DETOXIFICATION SERVICES IN THE TWELVE MONTHS PRIOR TO THE STATE FISCAL YEAR IN WHICH SUCH DISTRIBUTIONS ARE TO BE MADE.
(b) THE GOVERNING BODY OF EACH COUNTY RECEIVING MONEYS FROM THE FUND SHALL PREPARE AND SUBMIT AN ANNUAL STATEMENT TO THE STATE TREASURER SPECIFYING THE PURPOSES FOR WHICH MONEYS WERE EXPENDED DURING THE PRECEDING STATE FISCAL YEAR. THE ANNUAL REPORT SHALL BE SUBMITTED TO THE STATE TREASURER NO LATER THAN DECEMBER 31 OF EACH YEAR.
(c) NO LATER THAN JULY 10, 1998, AND NO LATER THAN JULY 10 OF EACH YEAR THEREAFTER, THE GOVERNING BODY OF EACH COUNTY ELIGIBLE TO RECEIVE MONEYS FROM THE FUND PURSUANT TO THIS SUBSECTION (3) SHALL PREPARE AND SUBMIT A REPORT TO THE STATE TREASURER SPECIFYING THE AMOUNT OF MONEYS, OTHER THAN MONEYS RECEIVED PURSUANT TO THIS SUBSECTION (3), THAT SAID COUNTY ACTUALLY EXPENDED ON DETOXIFICATION SERVICES IN THE TWELVE MONTHS PRIOR TO THE FISCAL YEAR IN WHICH SUCH REPORT IS SUBMITTED.
(d) A COUNTY SHALL REIMBURSE ALL MONEYS IT RECEIVES PURSUANT TO THIS SUBSECTION (3) THAT THE COUNTY DOES NOT EXPEND DURING THE STATE FISCAL YEAR IN WHICH THE MONEYS WERE RECEIVED FOR THE PURPOSES SET FORTH IN THIS SUBSECTION (3). SUCH UNEXPENDED MONEYS SHALL BE TRANSMITTED TO THE STATE TREASURER NO LATER THAN JULY 10 FOLLOWING THE END OF THE STATE FISCAL YEAR IN WHICH SUCH MONEYS WERE RECEIVED. SUCH MONEYS SHALL BE CREDITED BY THE STATE TREASURER TO THE FUND.
SECTION 2. 1247.1701 (1) (c) (I), Colorado Revised Statutes, is amended, and the said 1247.1701 (1) (c) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:
1247.1701. Limited gaming fund repeal. (1) There is hereby created in the office of the state treasurer the limited gaming fund. The fund shall be maintained and operated as follows:
(c) At the end of each state fiscal year, the state treasurer shall distribute the balance remaining in the limited gaming fund, except for an amount equal to all expenses of the administration of this article for the preceding twomonth period, according to the following guidelines:
(I) Fifty
FORTYSEVEN AND ONEHALF OF ONE percent shall be transferred
to the state general fund or such other fund as the general assembly
shall provide, including the state highway fund. The general
assembly shall determine and appropriate an amount as a separate
line item to be transferred to the state highway fund.
(VI) TWO AND ONEHALF OF ONE PERCENT SHALL BE TRANSFERRED TO THE DETOXIFICATION SERVICES FUND CREATED IN SECTION 1247.11701.
SECTION 3. 1247.1701 (4) (b) (I) and (4) (c), Colorado Revised Statutes, are amended to read:
1247.1701. Limited gaming fund repeal. (4) (b) (I) Of the fifty percent transferred to the general fund pursuant to section 9 (5) (b) (II) of article XVIII of the state constitution PRIOR TO JUNE 30, 1998, AND OF THE FORTYSEVEN AND ONEHALF OF ONE PERCENT TRANSFERRED TO THE GENERAL FUND PURSUANT TO SECTION 9 (5) (b) OF ARTICLE XVIII OF THE STATE CONSTITUTION ON OR AFTER JUNE 30, 1998, BUT prior to July 1, 2002, two percent shall be transferred to the municipal limited gaming impact fund created in section 1247.11501 and the amount transferred to the general fund pursuant to this subsection (4) shall be further reduced to fortyeight and eighttenths percent.
(c) Out of the fortyeight and eighttenths percent that would otherwise be transferred to the general fund pursuant to this subsection (4) PRIOR TO JUNE 30, 1998, AND OUT OF THE FORTYSIX AND THIRTYFIVE ONEHUNDREDTHS OF ONE PERCENT THAT WOULD OTHERWISE BE TRANSFERRED TO THE GENERAL FUND PURSUANT TO THIS SUBSECTION (4) ON AND AFTER JUNE 30, 1998, BUT PRIOR TO JULY 1, 2002, an amount to be determined as provided in paragraph (c) of subsection (1) of this section shall be transferred to the state highway fund and the amount transferred to the general fund pursuant to this subsection (4) shall be reduced accordingly.
SECTION 4. Effective date. This act shall take effect June 30, 1998.
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.