(1) The general assembly shall appropriate moneys annually to the fund in the general appropriation bill. In addition to any other penalty imposed pursuant to section 42-4-1307, C.R.S., every person who is convicted of, pleads guilty to, or receives a deferred sentence pursuant to section 18-1.3-102, C.R.S., for a violation of any of the offenses specified in section 42-4-1301 (1) or (2), C.R.S., shall be required to pay seventy-five dollars, which shall be deposited into the fund, and fifteen dollars, which shall be deposited into the county treasury of the county in which the conviction occurred.
(2) (a) The general assembly shall make an annual appropriation out of the money in the fund to the department of public health and environment in an amount sufficient to pay for the costs of evidential breath alcohol testing, including any education needs associated with testing, and implied consent specialists, the costs of which were previously paid out of the highway users tax fund. The general assembly shall also make an annual appropriation out of the money in the fund to the Colorado bureau of investigation to pay for the costs of toxicology laboratory services, including any education needs associated with the services. Of the money remaining in the fund, eighty percent shall be deposited in a special drunken driving account in the fund, which account is created, and be available immediately, without further appropriation, for allocation by the transportation commission to the office of transportation safety. The office of transportation safety shall allocate the money in accordance with the provisions of section 43-4-
404 (1) and (2). The remaining twenty percent shall be appropriated by the general assembly to the office of behavioral health in the department of human services, which shall use the money for the purposes stated in section 43-4-404 (3). The office of transportation safety and the office of behavioral health in the department of human services may use amounts from the money allocated or appropriated to them by this subsection (2) as necessary for the purpose of paying the costs incurred by the office of transportation safety and the office of behavioral health in administering the programs established pursuant to this part 4; except that neither the office of transportation safety nor the office of behavioral health may use for the purposes of this part 4 an amount exceeding eight percent of the money allocated or appropriated.
(b) Repealed.
(3) and (4) Repealed.
Source: L. 82: Entire part added, p. 608, § 15, effective July 1. L. 83: Entire section amended, p. 1665, § 1, effective July 15. L. 84: (2) amended, p. 1124, § 41, effective June 7. L. 86: (1) amended, p. 1212, § 1, effective July 1. L. 90: (1) and (2) amended, p. 1829, § 4, effective July 1. L. 91: (2) amended, p. 1133, § 216, effective July 1. L. 93: (2) amended, p. 1126, § 48, effective July 1, 1994. L. 94: (1) amended, p. 2572, § 100, effective January 1, 1995. L. 2000: (2) amended, p. 262, § 3, effective July 1. L. 2003: (2) amended, p. 459, § 23, effective March 5. L. 2006: (2)(b) repealed, p. 150, § 39, effective August 7. L. 2007: (1) amended, p. 2051, § 106, effective June 1. L. 2010: (3) added, (HB 10-1327), ch. 135, p. 451, § 11, effective April 15; (4) added, (HB 10-1388), ch. 362, p. 1717, § 5, effective June 7; (1) amended, (HB 101347), ch. 258, p. 1160, § 12, effective July 1. L. 2011: (2)(a) amended, (HB 11-1303), ch. 264, p. 1184, § 115, effective August 10. L. 2013: (2)(a) amended, (HB 13-1300), ch. 316, p. 1710, § 144, effective August 7. L. 2014: (2)(a) amended and (3) and (4) repealed, (HB 14-1340), ch. 124, p. 442, § 2, effective April 18. L. 2017: (2)(a) amended, (SB 17-242), ch. 263, p. 1261, § 26, effective May 25.
Cross references: (1) For additional costs imposed on criminal actions and traffic offenses, see §§ 24-4.1-119 and 24-4.2-104; for additional costs levied on alcohol- and drugrelated traffic offenses, see §§ 42-4-1301.4 (5) and 42-4-1307 (14); for disposition of fines and surcharges, see § 42-1-217.
(2) For the legislative declaration contained in the 1993 act amending subsection (2) of this section, see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.