Statement of Basis and Purpose Regarding the Rules Implementing the Law Enforcement Assistance Fund (LEAF) for the Prevention of Drunken Driving This rule will provide for a process and procedure that will enable a Colorado municipality, city and county, or county to apply for and receive allocations from the Law Enforcement Assistance Fund (LEAF). Leaf income is derived from an assessment of $50 from each conviction of Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI). C.R.S. 1973, 43-4-402 (82 Supp.) provides: “In addition to any other penalty imposed pursuant to section 42-4-1202, C.R.S. 1973, every person who is convicted of, pleads guilty to, or receives a deferred sentence pursuant to section 16-7-403, C.R.S. 1973, for a violation of any of the offenses specified in section 42-4-1202(1), C.R.S. 1973, shall be required to pay fifty dollars into the fund....” Allocation of LEAF funds is limited to Colorado local governmental agencies. The Division of Highway Safety is required to annually allocate forty percent of the moneys in the LEAF fund to counties and forty percent to municipalities and city and counties which have established a qualified drunken driving prevention and law enforcement program.

The stated intent of the Colorado General Assembly is that these moneys be expended in a manner which will improve enforcement of drunken driving laws, as well as increasing public awareness of the problems created by drinking drivers.

The enabling legislation requires the Division of Highway Safety, Colorado Department of Highways, to establish and promulgate rules and regulations to determine minimum requirements for qualified programs.

The LEAF program goals are:

1. To increase and improve the enforcement of the law pertaining to alcohol and drug related traffic offenses.

2. To increase public awareness of the problems created by drinking drivers and the consequences resulting from arrest and conviction of alcohol and drug related traffic offenses. 3. To coordinate the efforts of a municipality, county or city and county within its own jurisdiction and with other jurisdictions in establishing and administering a qualified program. 4. To increase the efficiency and effectiveness of the administrative systems that support drinking driving countermeasures programs.

The rules for LEAF fund applicants will include:

1. Qualified program requirements, 2. Application procedures, 3. Review and selection procedures, 4. Fiscal and accounting requirements, 5. Reporting requirements.

Part I. Qualified Program - Requirements A. Eligible Applicants:

Eligible applicants are Colorado municipalities, city and counties, or counties. Allocation of Law Enforcement Assistance Fund moneys is limited to local government agencies. State agencies are not eligible recipients of funds.

B. Minimum Program Requirements:

1. A proposed qualified program must contain the following elements: a. A complete description of proposed program activity and the goals and objectives to be achieved.

b. A statement of costs (budget).

c. A designation of administrative responsibility.

d. A statement of area and population group to be affected. e. A description of how the program will be evaluated.

f. A prioritization of requests.

2. In addition to meeting the above requirements, a qualified program proposal must address at least two of the following elements:

a. A description of how the program effort will be coordinated with programs already in existence. b. A statement of how the program will be coordinated with other cities and counties. c. A description of how the program will correct or improve current (existing) efforts. d. A statement of benefits (products) to be achieved.

e. A statement of how the program will increase or improve enforcement of alcohol and drug related traffic offenses.

g. A statement of how the program will increase or improve the agencies' technical capabilities. C. Qualified Program Examples:

1. A qualified program is one designed to coordinate and expand efforts to prevent drunken driving and enforce the law pertaining to alcohol and drug related traffic offenses. Some examples of qualified programs are:

a. Programs to initiate or increase the number of hours devoted to alcohol and drug related traffic enforcement.

b. Programs to assign officers to the enforcement of alcohol and drug related traffic laws or to increase the number of officers assigned.

c. Programs to improve or expand the capability to handle or process alcohol and drug related traffic activity.

d. Programs to provide a coordinated enforcement and prevention effort between cities and counties.

f. Programs to improve the judicial process as it relates to the prosecution and adjudication of alcohol and drug related traffic offenses.

2. Combinations of the above may constitute an acceptable qualified program. Programs now in existence may be eligible for continuation and funding. Emphasis will be placed on coordinated efforts between cities and counties to resolve the drinking driver problem. Part II. Application Procedures A. Form:

The Division of Highway Safety will provide application forms for use by agencies intending to apply for Law Enforcement Assistance Funds.

B. Submittal of Applications:

1. Any entity eligible for LEAF funds may submit an oral or written statement of interest in applying for such funds to the Division of Highway Safety.

2. Upon receipt of such statement, the Division of Highway Safety will provide an application for LEAF funds to the entity.

3. To the extent possible, the Division of Highway Safety will provide staff assistance, if requested, to prepare the entity's application.

4. Only for the year 1983, applications must be received by the Division of Highway Safety at 4201 E. Arkansas, Denver, Colorado, on or before May 1, 1983. Beginning 1984 and each year thereafter, applications must be received by the Division of Highway Safety at 4201 E. Arkansas, Denver, Colorado on or before September 1.

5. Applications received after the date established in paragraph II.B.4, shall be considered as a part of the next year's applications.

6. To the extent possible, the Division of Highway Safety will review applications as they are received. In the event the application is incomplete or inadequate, the Division will return the application to the applicant.

7. Incomplete or inadequate applications may be returned to the applicant at any time. Such application may be resubmitted to the Division once such deficiencies are corrected. The resubmitted application will be considered in the fiscal year in which it is received in acceptable form. Part III. Review and Selection Process A. Review Process:

1. After May 1, 1983 and September 1 of each year thereafter, the Division of Highway Safety will review all applications received by the deadline.

2. The Division may request the Governor's Traffic Safety Advisory Committee to comment upon said applications.

3. The Division of Highway Safety will approve or disapprove all applications by September 30, 1983 and December 1 for each year thereafter.

4. Each applicant will receive written notification of the action taken on its application. B. Selection Process:

1. The Division of Highway Safety will review each application to determine: a. The completeness of the application.

b. The eligibility of the applicant.

c. The manner in which the application meets the requirements of a qualified program. d. The manner in which the program proposes to impact the drinking driver program. e. The manner in which the program proposes to increase or improve the enforcement of the laws pertaining to alcohol and drug related traffic offenses. g. The manner in which the program proposes to coordinate the efforts of a municipality, county, or city and county within its own jurisdiction and with other jurisdictions in establishing and administering a qualified program.

h. The manner in which the program proposes to increase the efficiency and effectiveness of the administrative systems that support drunken driving countermeasure programs. i. The number of people to be affected by the program.

j. The applicant's history in handling alcohol and drug related programs. k. The inventiveness and uniqueness of the proposed program. l. The anticipated results of the proposed program.

m. The resources and equipment proposed to be used for the proposed program. n. The projected impact of the proposed program on drinking and drug related traffic offenses. o. The relationship between dollars proposed to be expended and the anticipated results of the proposed program.

2. Based upon this review, the Division will select for funding proposed projects in their entirety or any portion of such proposed projects which meet the requirements of these rules and will best coordinate efforts to prevent drunken driving, enforce the laws pertaining to alcohol - and drug- related traffic offenses.

3. All entities whose applications are approved must execute a contract with the Division of Highway Safety which will require the entity to implement the program as described in its application. Part IV. Fiscal and Accounting Requirements A. Reimbursement of accounts to entities will be made on a monthly or quarterly basis for costs incurred as specified in the contract between the Division and the entity. B. The entities must present itemized accountings to the Division of Highway Safety with billings and other records and receipts as required to support each item claimed. The Division of Highway Safety will provide reimbursement forms on request.

C. Equipment purchased with LEAF funds must be used for Law Enforcement Assistance Fund purposes throughout the useful life of the equipment according to the depreciation schedule for such equipment utilized or approved by the Colorado Department of Administration. If the equipment is used for other purposes, the value of the equipment at that time shall be repaid to the Law Enforcement Assistance Fund.

D. Costs for which reimbursement is requested must be incurred during the term of the contract between the entity and the Division of Highway Safety.

Part V. Reporting Requirements A. All agencies accepting Law Enforcement Assistance Funds shall report to the Division of Highway Safety at times and in the manner specified in each contract. The report shall address those activities and equipment which are financed by the LEAF funds. B. The Division of Highway Safety shall annually submit a written report to the General Assembly on the distribution and expenditure of Law Enforcement Assistance Funds and the nature and purpose of the programs financed by the fund.

Part VI. Effective Date:

THESE RULES SHALL BE EFFECTIVE ON MARCH 2, 1983.