Amendments for SB19-008
Senate Journal, April 4
After consideration on the merits, the Committee recommends that SB19-008 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 5, strike lines 1 through 9.
Renumber succeeding sections accordingly.
Page 9, after line 21 insert:
"SECTION 5. In Colorado Revised Statutes, add part 9 to article
20.5 of title 25 as follows:
PART 9
HARM REDUCTION GRANT PROGRAM
25-20.5-901. Harm reduction grant program - creation -
application - permissible uses - department duties. (1) SUBJECT TO
AVAILABLE APPROPRIATIONS, THE DEPARTMENT SHALL DEVELOP AND
IMPLEMENT A HARM REDUCTION GRANT PROGRAM, REFERRED TO IN THIS
SECTION AS THE "GRANT PROGRAM", TO REDUCE HEALTH RISKS
ASSOCIATED WITH DRUG USE AND IMPROVE COORDINATION BETWEEN LAW
ENFORCEMENT AGENCIES, PUBLIC HEALTH AGENCIES, AND
COMMUNITY-BASED ORGANIZATIONS. THE DEPARTMENT MAY CONTRACT
WITH AN INDEPENDENT ENTITY FOR THE ADMINISTRATION OF THE GRANT
PROGRAM.
(2) TO BE ELIGIBLE TO RECEIVE GRANT FUNDING PURSUANT TO
THIS PART 9, AN ENTITY MUST BE A NONPROFIT ORGANIZATION IN GOOD
STANDING AND REGISTERED WITH THE FEDERAL INTERNAL REVENUE
SERVICE AND THE COLORADO SECRETARY OF STATE'S OFFICE, A LOCAL
PUBLIC HEALTH AGENCY ESTABLISHED PURSUANT TO SECTION 25-1-506,
OR A LAW ENFORCEMENT AGENCY. GRANTEES MUST BE WILLING TO
PROVIDE SERVICES TO INDIVIDUALS WHO MAY NOT BE READY TO SEEK
ADDICTION TREATMENT SERVICES OR WHO ARE IN RECOVERY.
(3) ON OR BEFORE NOVEMBER 1, 2019, THE DEPARTMENT SHALL
DEVELOP:
(a) ELIGIBILITY CRITERIA FOR NONPROFIT ORGANIZATIONS, LOCAL
PUBLIC HEALTH AGENCIES, AND LAW ENFORCEMENT AGENCIES;
(b) THE GRANT APPLICATION PROCESS AND SCHEDULE;
(c) A PROCESS FOR DETERMINING THE AMOUNT OF EACH GRANT
THAT IS AWARDED; AND
(d) THE PERFORMANCE METRICS AND DATA COLLECTION
REQUIRED OF GRANTEES.
(4) (a) PERMISSIBLE USES OF FUNDING PROVIDED PURSUANT TO
THIS GRANT PROGRAM INCLUDE, BUT ARE NOT LIMITED TO:
(I) TRAININGS RELEVANT TO THE FIELD OF HARM REDUCTION,
WHICH MAY INCLUDE HOW TO ADMINISTER NALOXONE;
(II) PURCHASING AND PROVIDING STERILE EQUIPMENT AND
SYRINGE DISPOSAL EQUIPMENT;
(III) PROVIDING DIRECT SERVICES TO PERSONS WHO HAVE COME
INTO CONTACT WITH OR WHO ARE AT RISK OF COMING INTO CONTACT
WITH THE CRIMINAL JUSTICE SYSTEM, WHICH MAY INCLUDE ACCESSING
TREATMENT AND HEALTH CARE SERVICES, OVERDOSE PREVENTION
ACTIVITIES, AND RECOVERY SUPPORT SERVICES;
(IV) OUTREACH AND ENGAGEMENT TO PEOPLE WHO COME INTO
CONTACT WITH OR WHO ARE AT-RISK OF COMING INTO CONTACT WITH THE
CRIMINAL JUSTICE SYSTEM AND WHO ARE IN NEED OF MENTAL HEALTH OR
SUBSTANCE USE DISORDER SERVICES;
(V) FACILITATING COMMUNICATION, TRAINING, AND TECHNICAL
ASSISTANCE AMONG LAW ENFORCEMENT AGENCIES, PUBLIC HEALTH
AGENCIES, AND COMMUNITY-BASED HARM REDUCTION AGENCIES;
(VI) COORDINATING LOCAL EFFORTS REGARDING CO-RESPONDER
AND DIVERSION PROGRAMS; AND
(VII) AURICULAR ACUDETOX TRAINING AND SERVICES.
(b) IN ORDER TO ENSURE GRANTEES ARE COORDINATING EFFORTS
ACROSS PUBLIC HEALTH AND CRIMINAL JUSTICE SYSTEMS AT THE LOCAL
LEVEL, FUNDING MAY BE USED TO SUPPORT A HARM REDUCTION AND LAW
ENFORCEMENT LIAISON WHO HAS EXPERIENCE WORKING WITH
COMMUNITY-BASED ORGANIZATIONS, LOCAL PUBLIC HEALTH AGENCIES,
AND LAW ENFORCEMENT AGENCIES.
(5) THE DEPARTMENT SHALL NOT AWARD ANY GRANT MONEY IN
EXCESS OF THE AMOUNT IN THE HARM REDUCTION GRANT PROGRAM CASH
FUND CREATED PURSUANT TO SECTION 25-20.5-902.
25-20.5-902. Harm reduction grant program cash fund -
creation. (1) THE HARM REDUCTION GRANT PROGRAM CASH FUND,
REFERRED TO IN THIS SECTION AS THE "FUND", IS CREATED IN THE STATE
TREASURY. THE FUND CONSISTS OF MONEY THAT THE GENERAL ASSEMBLY
MAY APPROPRIATE OR TRANSFER TO THE FUND.
(2) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE
FUND TO THE FUND.
(3) SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
ASSEMBLY, THE DEPARTMENT MAY EXPEND MONEY FROM THE FUND FOR
THE PURPOSES OF THIS PART 9.
(4) THE STATE TREASURER SHALL TRANSFER ALL UNEXPENDED
AND UNENCUMBERED MONEY IN THE FUND ON SEPTEMBER 1, 2024, TO
THE GENERAL FUND.
25-20.5-903. Rules. THE DEPARTMENT MAY PROMULGATE RULES
AS NECESSARY FOR THE IMPLEMENTATION OF THIS PART 9.
25-20.5-904. Repeal of part - sunset review. THIS PART 9 IS
REPEALED, EFFECTIVE SEPTEMBER 1, 2024. BEFORE ITS REPEAL, THE
DEPARTMENT OF REGULATORY AGENCIES SHALL REVIEW THE GRANT
PROGRAM IN ACCORDANCE WITH SECTION 24-34-104.
SECTION 6. In Colorado Revised Statutes, 24-34-104, add
(25)(a)(XX) as follows:
24-34-104. General assembly review of regulatory agencies
and functions for repeal, continuation, or reestablishment -
legislative declaration - repeal. (25) (a) The following agencies,
functions, or both, are scheduled for repeal on September 1, 2024:
(XX) THE HARM REDUCTION GRANT PROGRAM CREATED IN
SECTION 25-20.5-901.".
Renumber succeeding sections accordingly.
Page 9, line 26, strike "ALLOW" and substitute "HAVE A POLICY IN PLACE
ON OR BEFORE JANUARY 1, 2020, THAT DESCRIBES HOW".
Page 10, line 1, strike "TO BE PROVIDED, AS" and substitute "WILL BE
PROVIDED, WHEN".
Page 10, strike lines 13 through 17.
Renumber succeeding subsection accordingly.
Senate Journal, April 19
After consideration on the merits, the Committee recommends that SB19-008 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend the Judiciary Committee Report dated April 3, 2019, page 3,
strike line 34 and substitute:
"Page 10 of the printed bill, strike lines 8 through 22 and substitute:
"SECTION 8. Appropriation. (1) For the 2019-20 state fiscal
year, $1,963,832 is appropriated to the department of human services for
use by the office of behavioral health. This appropriation is from the
general fund. To implement this act, the office may use this appropriation
as follows:
(a) $58,412 for personal services related to community behavioral
health administration, which amount is based on an assumption that the
office will require an additional 0.7 FTE;
(b) $5,368 for operating expenses related to community behavioral
health administration;
(c) $735,000 for treatment and detoxification programs; and
(d) $1,165,052 for criminal justice diversion programs, which
amount is based on an assumption that the office will require an
additional 0.8 FTE.
(2) For the 2019-20 state fiscal year, $492,750 is appropriated to
the department of corrections. This appropriation is from the general
fund. To implement this act, the department may use this appropriation
as follows:
(a) $370,492 for personal services related to the medical services
subprogram, which amount is based on an assumption that the
department will require an additional 1.6 FTE;
(b) $900 for operating expenses related to the medical services
subprogram;
(c) $9,406 for start-up costs related to the medical services
subprogram;
(d) $111,142 for purchase of pharmaceuticals related to the
medical services subprogram; and
(e) $810 for operating expenses related to the communications
subprogram.
(3) For the 2019-20 state fiscal year, $1,800,000 is appropriated
to the harm reduction grant program cash fund created in section 25-
20.5-902 (1), C.R.S. This appropriation is from the general fund. The
department of public health and environment is responsible for the
accounting related to this appropriation.
(4) For the 2019-20 state fiscal year, $1,800,000 is appropriated
to the department of public health and environment for use by the
prevention services division. This appropriation is from reappropriated
funds in the harm reduction grant program cash fund under subsection
(3) of this section and is based on an assumption that the division will
require an additional 1.8 FTE. The division may use this appropriation
to implement the harm reduction grant program authorized in section 25-
20.5-901, C.R.S.
(5) For the 2019-20 state fiscal year, $40,300 is appropriated to
the department of public safety for use by the division of criminal justice.
This appropriation is from the general fund. The division may use this
appropriation for DCJ administrative services.".".
Appro-
priations
House Journal, April 29
41 SB19-008 be amended as follows, and as so amended, be referred to
42 the Committee of the Whole with favorable
43 recommendation:
44
45 Amend reengrossed bill, page 14, line 13, strike "general fund." and
46 substitute "marijuana tax cash fund created in section 39-28.8-501 (1),
47 C.R.S.".
48
49
House Journal, April 29
33 Amendment No. 1, Appropriations Report, dated April 29, 2019, and
34 placed in member's bill file; Report also printed in House Journal, April
35 29, 2019.
36
37 Amendment No. 2, by Representative(s) Kennedy.
38
39 Amend reengrossed bill, strike page 15 and substitute:
40 "SECTION 9. Act subject to petition - effective date.
41 (1) Except as otherwise provided in subsection (2) of this section, this act
42 takes effect at 12:01 a.m. on the day following the expiration of the
43 ninety-day period after final adjournment of the general assembly (August
44 2, 2019, if adjournment sine die is on May 3, 2019); except that, if a
45 referendum petition is filed pursuant to section 1 (3) of article V of the
46 state constitution against this act or an item, section, or part of this act
47 within such period, then the act, item, section, or part will not take effect
48 unless approved by the people at the general election to be held in
49 November 2020 and, in such case, will take effect on the date of the
50 official declaration of the vote thereon by the governor.
1275 51 (2) Section 4 of this act takes effect only if House Bill 19-
52 does not become law.".
53
54 As amended, ordered revised and placed on the Calendar for Third
55 Reading and Final Passage.