1999


SENATE BILL 99­190

BY SENATORS Lacy, Owen, and Tanner;

also REPRESENTATIVES Tool, Berry, and Saliman.

CONCERNING A SUPPLEMENTAL APPROPRIATION TO THE DEPARTMENT OF PUBLIC SAFETY.

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

SECTION 1. Part XVII of section 2 of chapter 336, Session Laws of Colorado 1998, is amended to read:

Section 2. Appropriation.


PART XVII

DEPARTMENT OF PUBLIC SAFETY















(1) EXECUTIVE DIRECTOR'S OFFICE












Personal Services

1,912,111









1,912,111

(T)a













(34.5 FTE)




Health, Life, and Dental

2,395,462







114,698

b

2,234,411

c

46,353


Short­term Disability

92,071







3,244

b

86,664

d

2,163


Salary Survey, Anniversary Increases, and Shift Differential

3,855,859







225,946

b

3,569,585

e

60,328


Workers' Compensation

1,560,600









1,560,600

(T)a



Operating Expenses

151,194









151,194

(T)a



Legal Services for 2,113 hours

103,769









103,769

(T)a



Purchase of Services from Computer Center

26,463









26,463

(T)a



Payment to Risk Management and Property Funds

280,580









280,580

(T)a




271,300









271,300

(T)a



Vehicle Lease Payments

34,104







8,284

f

25,820

(T)g




38,201



4,097










Leased Space

602,351









569,654

h

32,697



612,284



8,800






570,787

h



Capitol Complex Leased Space

507,943







2,479

b

485,822

i

19,642



449,915







2,199

b

430,315

i

17,401


Lease Purchase ­ 700 Kipling Street

535,246



14,431






520,815

j



Utilities

81,964









81,964

k



Distributions to Local Government

50,000







50,000

l





Witness Protection Program

50,000









50,000

m




200,000









200,000

m



Colorado Integrated Criminal Justice Information System

278,921



278,921














(2.0 FTE)










Infrastructure Upgrade

262,500









262,500

n





12,502,217














12,877,860


























a These amounts shall be from indirect cost recoveries.

b These amounts shall be from various sources of cash funds.

c Of this amount, $1,754,757 shall be from the Highway Users Tax Fund, $378,594(T) shall be from indirect cost recoveries, and $101,060 shall be from various sources of exempt cash funds.

d Of this amount, $65,734 shall be from the Highway Users Tax Fund, $18,473(T) shall be from indirect cost recoveries, and $2,457 shall be from various sources of exempt cash funds.

e Of this amount, $2,690,065 shall be from the Highway Users Tax Fund, $713,291(T) shall be from indirect cost recoveries, and $166,229 shall be from various sources of exempt cash funds.

f This amount shall be from the Firefighter and First Responder Certification Fund, the Fire Service Education and Training Fund, the Hazardous Materials Responder Voluntary Certification Fund, the Fire Suppression Cash Fund, and the Fireworks Licensing Cash Fund.

g Of this amount, $9,024 shall be from Limited Gaming funds appropriated in the Department of Revenue, and $16,796 shall be from indirect cost recoveries.

h Of this amount, $369,474 shall be from the Highway Users Tax Fund, $146,153(T) shall be from indirect cost recoveries, $29,584(T) shall be from user fees collected from other state agencies for the Garage Operation, $12,743(T) $13,876(T) shall be from user fees collected from other state agencies for the Aircraft Pool, $10,050(T) shall be from Limited Gaming funds appropriated in the Department of Revenue, and $1,650(T) shall be from the Sex Offender Surcharge Fund pursuant to Section 18­21­103, C.R.S., appropriated in the Department of Public Safety, Division of Criminal Justice.

i Of this amount, $145,161 $128,578 shall be from the Highway Users Tax Fund, $333,820(T) $295,683(T) shall be from indirect cost recoveries, and $6,841 $6,054 shall be from various sources of exempt cash funds.

j Of this amount, $288,813 shall be from the Highway Users Tax Fund, and $232,002(T) shall be from indirect cost recoveries.

k Of this amount, $78,606 shall be from the Highway Users Tax Fund, and $3,358(T) shall be from user fees collected from other state agencies for the Garage Operation.

l This amount shall be from the Hazardous Materials Safety Fund pursuant to Section 42­20­107, C.R.S.

m This amount shall be from reserves in the Witness Protection Fund pursuant to Section 24­33.5­106, C.R.S.

n Of this amount $170,292 shall be from the Highway Users Tax Fund, and $92,208(T) shall be from indirect cost recoveries.















(2) COLORADO STATE PATROL180, 181













Colorado State Patrol Colonel, Lt. Colonels, Majors, Captains

2,559,714









2,559,714

a













(35.0 FTE)




Sergeants, Technicians, and Troopers A and B182

26,841,660







363,059

b

25,374,369

c

1,104,232










(8.0 FTE)


(511.6 FTE)


(21.0 FTE)


Civilians

3,109,396







43,886

d

3,065,510

e











(2.0 FTE)


(77.5 FTE)




Retirements

400,000









400,000

a



Operating Expenses

1,679,604







228,949

b

1,450,655

f



Capital Outlay

332,237







16,113

b

316,124

g



Auto Related Expenses

5,144,778







39,105

b

5,105,673

h



Dispatch Services

4,639,196



342,831




116,604

i

4,175,490

j

4,271






(12.1 FTE)




(4.2 FTE)


(121.8 FTE)




State Patrol Training Academy183

1,783,974







171,208

i

1,612,766

k




(16.0 FTE)













Highway Safety Grants

500,000









500,000

(T)l



Aircraft Pool184

458,659



83,787






374,872

m




471,098



84,233




10,000

b

376,865

m













(6.0 FTE)




Aircraft Engine Reserve

180,000









180,000

(T)n



Capitol and Governor's Security

980,688



707,312






273,376

(T)o




995,179



721,803











(19.0 FTE)













Highway Road Closure Fund

725,000







225,000

b

500,000

(T)l



Nuclear Materials Transportation

2,500







2,500

p





Hazardous Materials Routing

441,212







93,959

q

347,253

a











(1.5 FTE)


(5.5 FTE)




Hazardous Materials Equipment

171,000









171,000

a



Vehicle Identification Number Inspections

51,185







51,185

v





Garage Operations

584,442









584,442

(T)r











8,000

b

576,442

(T)r













(2.0 FTE)




Vehicle Purchases/ Nonfleet

302,778









302,778

s



Victim Assistance

264,060









264,060

(T)t













(6.5 FTE)




World Alpine Ski Championship Security

237,122









237,122

a



Counter­drug Program184a

300,000







200,000

w



100,000














(2.0 FTE)


Indirect Cost Assessment

5,658,175







89,879

b

5,476,602

u

91,694




57,047,380














57,374,310


























a These amounts shall be from the Highway Users Tax Fund.

b These amounts shall be from various local sources of cash funds.

c Of this amount, $24,641,953 shall be from the Highway Users Tax Fund, $683,997(T) shall be from Limited Gaming funds appropriated in the Department of Revenue, and $48,419 shall be from various exempt local sources.

d Of this amount, $24,542 shall be from the Vehicle Identification Number Inspection Fund pursuant to Section 42­5­204, C.R.S., and $19,344 shall be from the E­470 Toll Road Authority.

e Of this amount, $3,033,300 shall be from the Highway Users Tax Fund, and $32,210(T) shall be from Limited Gaming funds appropriated in the Department of Revenue.

f Of this amount, $1,298,952 shall be from the Highway Users Tax Fund, $107,100 shall be from reserves in the Auto Sales Cash Fund, and $44,603(T) shall be from Limited Gaming funds appropriated in the Department of Revenue.

g Of this amount, $31,124 shall be from the Highway Users Tax Fund, and $285,000 shall be from reserves in the Auto Sales Cash Fund.

h Of this amount, $5,032,821 shall be from the Highway Users Tax Fund, and $72,852(T) shall be from Limited Gaming funds appropriated in the Department of Revenue.

i These amounts shall be from user fees collected.

j Of this amount, $3,856,239 shall be from the Highway Users Tax Fund, $289,251(T) shall be from user fees collected from state agencies, and $30,000(T) shall be from Limited Gaming funds appropriated in the Department of Revenue.

k Of this amount, $1,319,562 shall be from the Highway Users Tax Fund, and $293,204(T) shall be from user fees collected from other state agencies.

l These amounts shall be from the Department of Transportation.

m Of this amount, $219,268 $220,434 shall be from the Highway Users Tax Fund, and $155,604(T) $156,431(T) shall be from user fees collected from other state agencies.

n This amount shall be from reserves in the Aircraft Engine Reserve Fund.

o This amount shall be from the Legislative Department.

p This amount shall be from the Nuclear Materials Transportation Fund pursuant to Section 42­20­511, C.R.S.

q This amount shall be from the Hazardous Materials Safety Fund pursuant to Section 42­20­107, C.R.S.

r These amounts shall be from user fees collected from other state agencies.

s This amount shall be from the sale of used vehicles.

t This amount shall be from the Victim's Assistance and Law Enforcement Fund, appropriated in the Department of Public Safety, Division of Criminal Justice.

u Of this amount, $5,281,920 shall be from the Highway Users Tax Fund and $194,682 shall be from various exempt local sources.

v This amount shall be from the Vehicle Identification Number Inspection Fund pursuant to Section 42­5­204, C.R.S.

w This amount shall be from local law enforcement agencies to purchase goods from the federal government.















(3) DIVISION OF FIRE SAFETY












Personal Services

314,263



89,713




131,431

a

93,119

(T)b







(1.0 FTE)




(3.0 FTE)


(2.0 FTE)




Operating Expenses

177,092



16,234




145,247

a

15,611

(T)b



Indirect Cost Assessment

32,985







19,314

a

13,671

(T)b





524,340


























a These amounts shall be from the Firefighter and First Responder Certification Fund, the Fire Service Education and Training Fund, the Hazardous Materials Responder Voluntary Certification Fund, the Fire Suppression Cash Fund, and the Fireworks Licensing Cash Fund.

b These amounts shall be from Limited Gaming funds appropriated in the Department of Revenue.















(4) DIVISION OF CRIMINAL JUSTICE6












(A) Administration














Personal Services

1,407,580



702,946






282,188

(T)a

422,446



1,426,084









300,692

a







(14.6 FTE)






(5.5 FTE)


(7.5 FTE)












(5.8 FTE)




Sick and Annual Payouts

25,164









25,164

(T)b



Operating Expenses

136,631



65,531






25,632

(T)a

45,468



139,964









28,965

a



Indirect Cost Assessment

148,921









40,532

(T)a

108,389



151,345









42,956

a




1,693,132














1,742,557



























a These amounts Of these amounts, $348,352(T) shall be from the Judicial Department out of the Victims Assistance and Law Enforcement Fund pursuant to Section 24­33.5­506, C.R.S., and $24,261 shall be from reserves in the Drug Offender Surcharge Fund created in Section 18­19­103, C.R.S.

b This amount shall be from indirect cost recoveries.















(B) Victims Assistance














Federal Victims Assistance and Compensation Grants

4,037,276











4,037,276


State Victims Assistance and Law Enforcement Program185

1,055,771









1,055,771

(T)a




5,093,047



























a This amount shall be from the Judicial Department out of the Victims Assistance and Law Enforcement Fund pursuant to Section 24­33.5­506, C.R.S.















(C) Juvenile Justice and Delinquency Prevention














Juvenile Justice Disbursements

974,651











974,651


Juvenile Diversion Programs ­ Restitution186

1,000,000



1,000,000










Juvenile Diversion Programs ­ Victim/Offender Mediation186

200,000



200,000










Juvenile Diversion Programs186

883,702



883,702










Alternative to Placement Projects187

500,000



500,000










Build a Generation Program Grants

694,000









694,000

(T)a



Drug Abuse Resistance Education Program

215,000









215,000

(T)b



Line Officer Grants

98,000









98,000

(T)c




4,565,353



























a Of this amount, $429,000 shall be from the Department of Local Affairs, and $265,000 shall be from federal Juvenile Justice and Delinquency Prevention Act funds appropriated in the Department of Public Safety, Division of Criminal Justice.

b This amount shall be from the Department of Revenue out of the Drug Abuse Resistance Education Fund.

c This amount shall be from Youth Crime Prevention and Intervention program grants in the Department of Local Affairs.















(D) Community Corrections8, 188













Transition Programs including standard residential services at an average rate of $35.37 per day per offender, and specialized substance abuse treatment at an average rate of $52.04 per day per offender

13,478,760














12,883,942













Diversion Programs including standard residential services at an average rate of $35.37 per day per offender, and standard nonresidential services at an average rate of $5.12 per day per offender

15,107,722














16,871,930













Loans ­ New Community Corrections Facilities

60,000













Specialized Services

110,000













Day Reporting Center Services and Monitored Residential 3/4 House Programs

863,225














910,172













Substance Abuse Treatment Program

100,000














29,719,707



29,619,707




100,000

a






30,936,044



30,836,044
























a This amount shall be from the Drug Offender Surcharge Fund.















(E) Crime Control and System Improvement













State and Local Crime Control and System Improvement Grants

6,500,000











6,500,000


Sex Offender Surcharge Fund Program

71,972







71,972

a













(1.0 FTE)






Risk Assessment Screening Review

16,000









16,000

b




6,587,972



























a This amount shall be from the Sex Offender Surcharge Fund pursuant to Section 18­21­103, C.R.S. Of this amount, $8,197 shall be used for indirect cost assessment.

b This amount shall be from reserves in the Sex Offender Surcharge Fund pursuant to Section 18­21­103, C.R.S.

















47,659,211














48,924,973


























(5) COLORADO BUREAU OF INVESTIGATION












(A) Administration














Personal Services

252,469



214,794




37,675

a









(3.0 FTE)




(1.0 FTE)






Operating Expenses

21,147



15,371




5,776

a





Vehicle Lease Payments

200,362



176,962






23,400

(T)b



Indirect Cost Assessment

291,265







177,351

c

113,914

(T)d




765,243



























a These amounts shall be from applicant print processing fees.

b This amount shall be from Limited Gaming funds appropriated in the Department of Revenue.

c This amount shall be from various sources of cash funds.

d Of this amount, $52,714 shall be from applicant print processing fees received from other state agencies, and $61,200 shall be from Limited Gaming funds appropriated in the Department of Revenue.















(B) Investigative Support Services189













(1) Laboratory














Personal Services

2,554,419



2,554,419














(41.0 FTE)










Operating Expenses

491,810



491,810










Laboratory Equipment

154,800



154,800










Genetic Markers

18,000









18,000

(T)a




3,219,029



























a This amount shall be from the state Victims Assistance and Law Enforcement Fund, which is appropriated in the Department of Public Safety, Division of Criminal Justice.















(2) Investigative Assistance














Personal Services

1,755,128














(28.0 FTE)













Operating Expenses

138,119














1,893,247



1,893,247
























(3) Limited Gaming Support














Program Costs

513,993









513,993

(T)a













(7.0 FTE)


















a This amount shall be from Limited Gaming funds appropriated in the Department of Revenue.















(4) Statewide Insta­Check Program190

522,919







522,919

a













(12.0 FTE)




















a This amount shall be from the Statewide Instant Background Check Fund pursuant to Section 12­26.5­107 (2), C.R.S.















(C) Crime Information Center













Personal Services

2,283,072



2,109,583






173,489

(T)a




2,153,468



1,979,979











(50.1 FTE)














(48.1 FTE)













Operating Expenses

1,128,301



1,067,029




31,954

b

15,318

(T)c

14,000



1,028,984



967,712










Criminal Justice Records Act

2,119,343







1,659,989

d

459,354

(T)e




(25.3 FTE)













Victim Assistance

38,000









38,000

(T)f













(1.0 FTE)





5,568,716














5,339,795



























a This amount shall be from indirect cost recoveries.

b This amount shall be from fees for services.

c This amount shall be from fees for services received from other state agencies.

d This amount shall be from applicant print processing fees.

e This amount shall be from applicant print processing fees received from other state agencies.

f This amount shall be from the state Victims Assistance and Law Enforcement Fund, appropriated in the Department of Public Safety, Division of Criminal Justice.

















12,483,147














12,254,226


























TOTALS PART XVII














(PUBLIC SAFETY)4, 5


$130,216,295


$42,904,209




$4,749,726


$69,098,750

a

$13,463,610




$131,955,709


$44,198,380




$4,967,446


$69,228,514

a

$13,561,369
















a Of this amount, $13,825,054 $13,796,761 contains a (T) notation, and $53,993,130 $53,977,713 is from the Highway Users Tax Fund pursuant to Section 43­4­201(3)(a), C.R.S.

FOOTNOTES ­­ The following statements are referenced to the numbered footnotes throughout section 2.

4 (Governor lined through this provision. See L. 98, p. 2193.)

5 All Departments, Totals ­­ The General Assembly requests that copies of all reports requested in other footnotes contained in this act be delivered to the Joint Budget Committee and the majority and minority leadership in each house of the General Assembly. Each principal department of the state shall produce its rules and regulations in an electronic format that is suitable for public access through electronic means. Such rules and regulations in such format shall be submitted to the Office of Legislative Legal Services for publishing on the Internet. It is the intent of the General Assembly that this be done within existing resources.

6 Department of Corrections, Management, Executive Director's Office Subprogram; Department of Human Services, Division of Youth Corrections, and Health and Rehabilitation Services, Alcohol and Drug Abuse Division; Judicial Department, Probation and Related Services; and Department of Public Safety, Division of Criminal Justice ­­ It is the intent of the General Assembly that state criminal justice agencies involved in multi­agency programs requiring separate appropriations to each agency designate one lead agency to be responsible for submitting a comprehensive annual budget request for such programs to the Joint Budget Committee. Each agency must still submit its portion of such request with its own budget document.

8 (Governor lined through this provision. See L. 98, p. 2193.)

180 Department of Public Safety, Colorado State Patrol ­­ The Department is requested to annually submit to the Joint Budget Committee a detailed summary of FTE assigned to the field and to special programs by November 1 of each year.

181 (Governor lined through this provision. See L. 98, p. 2196.)

182 (Governor lined through this provision. See L. 98, p. 2196.)

183 Department of Public Safety, Colorado State Patrol, State Patrol Training Academy ­­ The Department is requested to provide a report to the Joint Budget Committee by November 1, 1998, on its progress toward improving the performance and reducing costs of the State Patrol Training Academy.

184 (Governor lined through this provision. See L. 98, p. 2197.)

184a DEPARTMENT OF PUBLIC SAFETY, COLORADO STATE PATROL, COUNTER­DRUG PROGRAM ­­ IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT, IF FEDERAL FUNDS FOR THE ADMINISTRATION OF THIS PROGRAM ARE EVER REDUCED, THE FTE WILL ALSO BE REDUCED, AND THE WORKLOAD WILL BE ABSORBED WITH EXISTING FTE IN THE CIVILIANS LINE ITEM.

185 Department of Public Safety, Division of Criminal Justice, Victims Assistance, State Victims Assistance and Law Enforcement Program ­­ The State VALE Board is requested to submit recommendations on grants to state agencies to the Joint Budget Committee by January 2, 1999.

186 (Governor lined through this provision. See L. 98, p. 2197.)

187 Department of Public Safety, Division of Criminal Justice, Juvenile Justice and Delinquency Prevention, Alternative to Placement Projects ­­ It is the intent of the General Assembly that these funds be competitively awarded to counties that submit proposals for multi­disciplinary, non­categorical programs to provide child welfare services to at­risk children and their families. Such services shall include, but are not limited to, assessment, intervention, treatment, supervision, and shelter when and if appropriate.

188 Department of Public Safety, Division of Criminal Justice, Community Corrections ­­ Appropriations for community corrections programs are based on assumptions that providers of community corrections programs will collect client fees of up to $10 per day on the average for residential programs and $2 per day on the average for nonresidential programs. Pursuant to its authority to administer and execute contracts under Section 17­27­115, C.R.S., and in accordance with Section 17­27­107, C.R.S., the Division of Criminal Justice is requested to ensure that every reasonable effort is made to achieve such collections.

189 (Governor lined through this provision. See L. 98, p. 2197.)

190 (Governor lined through this provision. See L. 98, p. 2197.)

SECTION 2.  Section 2 of chapter 191, Session Laws of Colorado 1998, is amended to read:

Section 2. Appropriations in long bill to be adjusted. For the implementation of section 24­51­401 (1.7), Colorado Revised Statutes, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be reduced by the sum of one million four hundred nineteen thousand one hundred ten dollars ($1,419,110) ONE MILLION THREE HUNDRED EIGHTY­FIVE THOUSAND THREE HUNDRED FORTY­TWO DOLLARS ($1,385,342). Said reductions shall be derived from such sources as detailed in the table below:


DEPARTMENT

General

Fund

Cash

Funds

Cash

Funds

Exempt

HUTF

Federal

Funds

Total

Agriculture

(5,459)

(5,039)

(527)

0

(132)

(11,157)

Corrections

(171,666)

(839)

(6,477)

0

0

(178,982)

Education

(14,610)

(988)

(991)

0

0

(16,589)

Governor

(6,406)

0

0

0

(728)

(7,134)

Health Care Policy and Financing

(18,240)

0

0

0

(19,082)

(37,322)

Higher Education

(198,441)

(190,989)

(14,257)

0

(114)

(403,801)

Human Services

(99,651)

(2,132)

(53,338)

0

(29,590)

(184,711)

Judicial

(79,217)

(4,811)

0

0

0

(84,028)

Public Defender

(16,073)

0

0

0

0

(16,073)

Alternate Defense Counsel

(171)

0

0

0

0

(171)

Labor and Employment

0

(11,213)

(2,550)

0

(32,289)

(46,052)

Law

(4,918)

(822)

(9,183)

0

(455)

(15,378)

Legislature

(10,682)

0

0

0

0

(10,682)

Local Affairs

(5,904)

(260)

(636)

0

(2,025)

(8,825)

Military Affairs

(1,516)

0

0

0

(2,413)

(3,929)

Natural Resources

(16,191)

(34,649)

(6,047)

0

(5,412)

(62,299)

Personnel

(11,612)

(118)

(13,323)

0

0

(25,053)

Public Health and Environment

(7,541)

(10,578)

(9,598)

0

(21,951)

(49,668)

Public Safety

(8,897)

(2,316)

(31,789)

(2,110)

(918)

(46,030)


(2,892)


(3,092)

(3,044)


(12,262)

Regulatory Agencies

(1,241)

(20,178)

(3,301)

0

0

(24,720)

Revenue

(41,946)

(1,868)

(9,211)

(5,144)

0

(58,169)

State

0

(2,592)

0

0

0

(2,592)

Transportation

(198)

(370)

(69,967)

0

(53,998)

(124,533)

Treasury

(1,212)

0

0

0

0

(1,212)








Total

(721,792)

(289,762)

(231,195)

(7,254)

(169,107)

(1,419,110)


(715,787)


(202,498)

(8,188)


(1,385,342)

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.



____________________________ ____________________________

Ray Powers Russell George

PRESIDENT OF SPEAKER OF THE HOUSE

THE SENATE OF REPRESENTATIVES





____________________________ ____________________________

Patricia K. Dicks Judith M. Rodrigue

SECRETARY OF CHIEF CLERK OF THE HOUSE

THE SENATE OF REPRESENTATIVES



APPROVED________________________________________




_________________________________________

Bill Owens

GOVERNOR OF THE STATE OF COLORADO