First Regular Session
Sixty-second General Assembly
LLS NO. 99-0365.01 Jane Brown HOUSE BILL 99-1104
STATE OF COLORADO
BY REPRESENTATIVE Sullivant;
also SENATOR Grampsas.
LOCAL GOVERNMENT
A BILL FOR AN ACT
101 CONCERNING THE USE OF A PORTION OF THE STATE'S SHARE OF LIMITED
102 GAMING REVENUES TO ASSIST CITIES WHERE LIMITED GAMING IS
103 PERMITTED WITH THE COSTS OF DETOXIFICATION CENTERS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Establishes the detoxification services fund for the compensation
of cities where limited gaming is permitted for the maintenance and
operation of detoxification centers. Transfers a percentage of the state's
share of limited gaming revenues to the detoxification services fund.
Makes technical corrections to the limited gaming fund law. Specifies the
basis upon which revenues in the detoxification services fund are
distributed to the counties. Defines "detoxification center".
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 47.1 of title 12, Colorado Revised Statutes,
3 is amended BY THE ADDITION OF A NEW PART to read:
4 PART 17
5 DETOXIFICATION SERVICES FUND
6 12-47.1-1701. Detoxification services fund. (1) THERE IS
7 HEREBY CREATED IN THE OFFICE OF THE STATE TREASURER THE
8 DETOXIFICATION SERVICES FUND, REFERRED TO IN THIS PART 17 AS THE
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 "FUND", FOR THE PURPOSE OF COMPENSATING CITIES WHERE LIMITED
2 GAMING IS PERMITTED FOR EXPENSES INCURRED IN MAINTAINING AND
3 OPERATING DETOXIFICATION CENTERS. THE FUND SHALL CONSIST OF
4 MONEYS TRANSFERRED PURSUANT TO SECTION 12-47.1-701 (1) (c) (VI)
5 AND ANY MONEYS RETURNED PURSUANT TO PARAGRAPH (d) OF
6 SUBSECTION (3) OF THIS SECTION.
7 (2) FOR PURPOSES OF THIS PART 17, "DETOXIFICATION CENTER"
8 MEANS A FACILITY THAT IS USED TO TEMPORARILY CONFINE A PERSON
9 WHOSE MENTAL OR PHYSICAL FUNCTIONING IS TEMPORARILY BUT
10 SUBSTANTIALLY IMPAIRED AS A RESULT OF THE PRESENCE OF ALCOHOL IN
11 THE BODY UNTIL SUCH PERSON IS NO LONGER SO IMPAIRED.
12 (3) (a) WITHIN THIRTY DAYS AFTER A TRANSFER TO THE FUND, THE
13 STATE TREASURER SHALL MAKE DISTRIBUTIONS TO THE GOVERNING BODIES
14 OF THE CITIES WHERE LIMITED GAMING IS PERMITTED FOR THEIR EXPENSES
15 IN MAINTAINING AND OPERATING DETOXIFICATION CENTERS. MONEYS
16 SHALL BE DISTRIBUTED TO THE CITIES IN PROPORTION TO THE AMOUNT OF
17 MONEYS, OTHER THAN MONEYS RECEIVED PURSUANT TO THIS PARAGRAPH
18 (a), THAT EACH CITY ACTUALLY EXPENDED ON DETOXIFICATION SERVICES
19 IN THE TWELVE MONTHS PRIOR TO THE STATE FISCAL YEAR IN WHICH SUCH
20 DISTRIBUTIONS ARE TO BE MADE.
21 (b) THE GOVERNING BODY OF EACH CITY RECEIVING MONEYS FROM
22 THE FUND SHALL PREPARE AND SUBMIT AN ANNUAL STATEMENT TO THE
23 STATE TREASURER SPECIFYING THE PURPOSES FOR WHICH MONEYS WERE
24 EXPENDED DURING THE PRECEDING STATE FISCAL YEAR. THE ANNUAL
25 REPORT SHALL BE SUBMITTED TO THE STATE TREASURER NO LATER THAN
26 DECEMBER 31 OF EACH YEAR.
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1 (c) NO LATER THAN JULY 10, 1999, AND NO LATER THAN JULY 10
2 OF EACH YEAR THEREAFTER, THE GOVERNING BODY OF EACH CITY ELIGIBLE
3 TO RECEIVE MONEYS FROM THE FUND PURSUANT TO THIS SUBSECTION (3)
4 SHALL PREPARE AND SUBMIT A REPORT TO THE STATE TREASURER
5 SPECIFYING THE AMOUNT OF MONEYS, OTHER THAN MONEYS RECEIVED
6 PURSUANT TO THIS SUBSECTION (3), THAT THE CITY ACTUALLY EXPENDED
7 ON DETOXIFICATION SERVICES IN THE TWELVE MONTHS PRIOR TO THE
8 FISCAL YEAR IN WHICH SUCH REPORT IS SUBMITTED.
9 (d) A CITY SHALL RETURN ALL MONEYS IT RECEIVES PURSUANT TO
10 THIS SUBSECTION (3) THAT THE CITY DOES NOT EXPEND, DURING THE STATE
11 FISCAL YEAR IN WHICH THE MONEYS WERE RECEIVED, TO MAINTAIN AND
12 OPERATE DETOXIFICATION CENTERS. SUCH UNEXPENDED MONEYS SHALL
13 BE TRANSMITTED TO THE STATE TREASURER NO LATER THAN JULY 10
14 FOLLOWING THE END OF THE STATE FISCAL YEAR IN WHICH SUCH MONEYS
15 WERE RECEIVED. THE STATE TREASURER SHALL CREDIT SUCH MONEYS TO
16 THE FUND.
17 SECTION 2. 12-47.1-701 (1) (c) (I), (4) (b) (I), and (4) (c),
18 Colorado Revised Statutes, are amended, and the said 12-47.1-701 (1)
19 is further amended BY THE ADDITION OF A NEW
20 SUBPARAGRAPH, to read:
21 12-47.1-701. Limited gaming fund - repeal. (1) There is hereby
22 created in the office of the state treasurer the limited gaming fund. The
23 fund shall be maintained and operated as follows:
24 (c) At the end of each state fiscal year, the state treasurer shall
25 distribute the balance remaining in the limited gaming fund, except for an
26 amount equal to all expenses of the administration of this article for the
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1 preceding two-month period, according to the following guidelines:
2 (I) Fifty FORTY-SEVEN AND FIVE-TENTHS percent shall be
3 transferred to the state general fund or such other fund as the general
4 assembly shall provide, including the state highway fund. The general
5 assembly shall determine and appropriate an amount as a separate line
6 item to be transferred to the state highway fund.
7 (VI) TWO AND FIVE-TENTHS OF ONE PERCENT SHALL BE
8 TRANSFERRED TO THE DETOXIFICATION SERVICES FUND CREATED IN
9 SECTION 12-47.1-1701 (1).
10 (4) (b) (I) Of the fifty percent transferred to the general fund
11 pursuant to section 9 (5) (b) (II) of article XVIII of the state constitution
12 PRIOR TO JUNE 30, 1999, AND OF THE FORTY-SEVEN AND FIVE-TENTHS OF
13 ONE PERCENT TRANSFERRED TO THE GENERAL FUND PURSUANT TO SECTION
14 9 (5) (b) OF ARTICLE XVIII OF THE STATE CONSTITUTION ON OR AFTER
15 JUNE 30, 1999, BUT prior to July 1, 2002, two percent shall be transferred
16 to the municipal limited gaming impact fund created in section
17 12-47.1-1501 and the amount transferred to the general fund pursuant to
18 this subsection (4) shall be further reduced to forty-eight FORTY-SEVEN
19 and eight-tenths percent.
20 (c) Out of the forty-eight FORTY-SEVEN and eight-tenths percent
21 that would otherwise be transferred to the general fund pursuant to this
22 subsection (4) PRIOR TO JUNE 30, 1999, AND OUT OF THE FORTY-FIVE AND
23 THREE-TENTHS OF ONE PERCENT THAT WOULD OTHERWISE BE
24 TRANSFERRED TO THE GENERAL FUND PURSUANT TO THIS SUBSECTION (4)
25 ON AND AFTER JUNE 30, 1999, BUT PRIOR TO JULY 1, 2002, an amount to
26 be determined as provided in paragraph (c) of subsection (1) of this
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1 section shall be transferred to the state highway fund and the amount
2 transferred to the general fund pursuant to this subsection (4) shall be
3 reduced accordingly.
4 SECTION 3. Effective date. This act shall take effect July 1,
5 1999.
6 SECTION 4. Safety clause. The general assembly hereby finds,
7 determines, and declares that this act is necessary for the immediate
8 preservation of the public peace, health, and safety.