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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0909.01D JBB HOUSE BILL 98­1407

STATE OF COLORADO

BY REPRESENTATIVE Salaz;

also SENATOR Lamborn.

REENGROSSED

STATE, VETERANS & MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING THE FUNDING FOR THE PRISON INMATE ART FUND.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Repeals the requirement that a percentage of capital construction costs for correctional facilities be used for a prison inmate art fund.

Makes a conforming amendment.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Repeal.  24­80.5­102, Colorado Revised Statutes, is repealed as follows:

24­80.5­102.  Works of art in correctional facilities. (1)  Each capital construction appropriation for a correctional facility shall include as a nondeductible item an allocation of not less than one­tenth of one percent of the capital construction costs to be used for a prison inmate art fund. The moneys in such fund shall be used for materials to allow inmates to create works of art to be included in the construction of or to be placed permanently in such facility. The department of corrections shall administer by rule and regulation a competitive program among the inmates of such facility in order to determine which art projects and inmates shall receive an incentive award not to exceed two hundred dollars each. The Colorado council on the arts shall appoint one of its members to serve in an advisory capacity to the department of corrections on the implementation of this section.

(2)  For the purposes of this section, "correctional facility" means any state facility in which persons are or may be lawfully held in custody as a result of conviction of a crime.

SECTION 2.  24­80.5­101 (3) (a) (I), Colorado Revised Statutes, is amended to read:

(3) (a) (I)  Except as provided in section 24­80.5­102 FOR CORRECTIONAL FACILITIES, and except for agricultural facilities where livestock are housed or agricultural products are grown, and except for the diagnostic center located in the city and county of Denver, and except for the facilities authorized by section 1 of Senate Bill No. 101, enacted at the second regular session of the fifty­fifth general assembly, each capital construction appropriation for a public construction project shall include as a nondeductible item an allocation of not less than one percent of the capital construction costs to be used for the acquisition of works of art.

SECTION 3.   Appropriation ­ adjustments in long bill. (1)  For the implementation of this act, appropriations made in the annual general appropriation act, for capital construction, to the department of corrections, for the fiscal year beginning July 1, 1998, shall be adjusted as follows:

(a)  The capital construction fund exempt appropriation for sterling correctional facility, phase 3 of 3, is decreased by fifty-four thousand five hundred dollars ($54,500);

(b)  The capital construction fund exempt appropriation for Denver women's correctional facility, phase 3, is decreased by fifty-five thousand five hundred fifty dollars ($55,550).

SECTION 4.  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.