Colo. Rev. Stat. § 24-75-1104.5

Current through 11/5/2024 election

Section 24-75-1104.5 - [Effective 7/1/2025] Use of settlement money - programs

(1) Repealed.

(1.3)

(a) For the 2012-13 fiscal year, and for each fiscal year thereafter through the 2015-16 fiscal year, the lesser of all settlement moneys received or the following amounts of settlement moneys shall be allocated in each fiscal year in which the state receives the moneys in the percentages or amounts specified and for the programs, services, and funds specified in subsections (1) and (1.5) of this section, as said subsections existed before July 1, 2016:

(I) For the 2012-13 fiscal year, eighty million four hundred thousand dollars less the amount of unexpended and unencumbered moneys remaining in the tobacco litigation settlement cash fund, created in section 24-22-115(1)(a), at the end of the 2011-12 fiscal year;

(II) For the 2013-14, 2014-15, and 2015-16 fiscal years, the amount allocated pursuant to this subsection (1.3) for the prior fiscal year less the amount of any disputed payments in the tobacco litigation settlement cash fund that were credited to the fund pursuant to subparagraph (I) of paragraph (a) of subsection (5) of this section and less the amount of unexpended and unencumbered moneys remaining in the tobacco litigation settlement cash fund at the end of the prior fiscal year.

(III) (Deleted by amendment, L. 2016.)

(a.5) For the 2016-17 fiscal year, and for each fiscal year thereafter, the lesser of all settlement moneys received or the following amounts of settlement moneys shall be allocated in each fiscal year in which the state receives the moneys in the percentages specified and for the programs, services, and funds specified in subsection (1.7) of this section:

(I) For the 2016-17 fiscal year, for the 2018-19 and 2019-20 fiscal years, and for the 2021-22 fiscal year and each fiscal year thereafter, the amount allocated pursuant to this subsection (1.3) for the prior fiscal year less the amount of any disputed payments in the tobacco litigation settlement cash fund that were credited to the fund pursuant to subsection (5)(a)(I) of this section and less the amount of unexpended and unencumbered moneys remaining in the tobacco litigation settlement cash fund at the end of the prior fiscal year;

(II) For the 2017-18 fiscal year, the amount allocated pursuant to subsection (1.3)(a.5)(I) of this section for the 2016-17 fiscal year less fifteen million dollars, less the amount of any disputed payments in the tobacco litigation settlement cash fund that were credited to the fund pursuant to subsection (5)(a)(I) of this section, and less the amount of unexpended and unencumbered moneys remaining in the tobacco litigation settlement cash fund at the end of the 2016-17 fiscal year; and

(III) For the 2020-21 fiscal year, the amount allocated pursuant to subsection (1.3)(a.5)(I) of this section for the 2019-20 fiscal year less the amount of any disputed payments in the tobacco litigation settlement cash fund that were credited to the fund pursuant to subsection (5)(a)(I) of this section, less the amount of unexpended and unencumbered moneys remaining in the tobacco litigation settlement cash fund at the end of the 2019-20 fiscal year, and plus twenty million dollars.

(b)

(I) For the 2016-17 fiscal year, and for each fiscal year thereafter, in addition to the amounts allocated pursuant to paragraph (a.5) of this subsection (1.3), the amount of unexpended and unencumbered moneys remaining in the tobacco litigation settlement cash fund, created in section 24-22-115(1)(a), at the end of the prior fiscal year shall be allocated to the programs that receive settlement moneys pursuant to subsection (1.7) of this section in proportion to their shares of the settlement moneys.

(II) For the 2016-17 fiscal year, and for each fiscal year thereafter, in addition to the amounts allocated pursuant to paragraph (a.5) of this subsection (1.3), disputed payments received are allocated in the year received up to the amounts necessary to meet the requirements of subsection (1.7) of this section in the percentages specified and for the programs, services, and funds specified in said subsection (1.7).

(c) Notwithstanding the provisions of section 24-1-136, no later than October 1, 2013, and no later than October 1 of each year thereafter, the state treasurer shall submit a written report to the joint budget committee that sets forth the total amount allocated pursuant to this subsection (1.3) during the prior fiscal year and the total amount anticipated to be allocated pursuant to this subsection (1.3) during the current fiscal year.

(1.5) Repealed.

(1.7) Except as otherwise provided in subsections (1.3), (1.8), and (5) of this section, and except that disputed payments received by the state in the 2015-16 fiscal year or in any year thereafter are excluded from the calculation of allocations pursuant to this subsection (1.7), for the 2016-17 fiscal year and for each fiscal year thereafter, the following programs, services, and funds receive the following specified percentages of the total amount of settlement money received by the state in the preceding fiscal year:

(a) The Colorado nurse home visitor program created in part 5 of article 3 of title 26.5 receives twenty-eight and seven-tenths percent of the settlement money;

(b) The children's basic health plan trust created in section 25.5-8-105, C.R.S., shall receive eighteen percent of the settlement moneys;

(c) The university of Colorado health sciences center shall receive a base amount of fifteen and one-half percent of the settlement moneys and an additional amount of two percent of the settlement moneys, and the state treasurer shall credit both amounts to the tobacco litigation settlement moneys health education fund, which is hereby created in the state treasury. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money in the fund at the end of any fiscal year remains in the fund and shall not be credited or transferred to the general fund or any other fund. All money in the fund is subject to annual appropriation by the general assembly to the health sciences center, but the health sciences center shall use the additional amount of settlement moneys credited to the fund only for tobacco-related in-state cancer research as authorized in section 24-75-1103(7).

(d) The Fitzsimons trust fund created in section 23-20-136(3), C.R.S., shall receive eight percent of the settlement moneys. Subject to annual appropriation by the general assembly, the settlement moneys shall be used as specified in section 23-20-136(5), C.R.S.

(e) The Tony Grampsas youth services program created in article 6.8 of title 26, C.R.S., shall receive seven and one-half percent of the total amount of settlement moneys, which the state treasurer shall transfer to the youth services program fund created in section 26-6.8-102(2)(d), C.R.S.;

(f) The drug assistance program created in section 25-4-1401, C.R.S., shall receive five percent of the settlement moneys;

(g) The AIDS and HIV prevention fund created in section 25-4-1405, C.R.S., shall receive three and one-half percent of the settlement moneys;

(h) The supplemental tobacco litigation settlement moneys account of the Colorado immunization fund created in section 25-4-2301, C.R.S., shall receive two and one-half percent of the settlement moneys;

(i)

(I) Except as otherwise provided in subsection (1.7)(i)(II) of this section, the tobacco settlement defense account of the tobacco litigation settlement cash fund created in section 24-22-115(2)(a) shall receive two and one-half percent of the settlement moneys;

(II) For the 2020-21 fiscal year, the tobacco settlement defense account of the tobacco litigation settlement cash fund shall receive seventy-five one-hundredths percent of the settlement moneys;

(j) The supplemental state contribution fund created in section 24-50-609(5) shall receive two and three-tenths percent of the settlement moneys, which, subject to annual appropriation by the general assembly, shall be used to pay the costs of increased nonsupplemental state contributions and to provide supplements to the state contribution for state employee group benefit plans for each eligible state employee as required by section 24-50-609.5;

(k) [Repealed by 2023 amendment.]

(l) The Colorado state veterans trust fund created in section 28-5-709, C.R.S., shall receive one percent of the settlement moneys;

(m) The state dental loan repayment and oral health programs fund created in article 23 of title 25 shall receive one percent of the settlement money; and

(n) The Colorado health service corps fund created in section 25-1.5-506, C.R.S., shall receive one percent of the settlement moneys.

(1.8)

(a) For the 2020-21 fiscal year, the total amount of settlement moneys received by the state in the preceding fiscal year shall be reduced by two million dollars before the calculation of allocations under subsection (1.7) of this section.

(b) On July 1, 2020, the state treasurer shall transfer all settlement moneys received during the 2019-20 fiscal year that are not allocated under subsection (1.7) of this section to the general fund.

(2) The general assembly shall appropriate or the state treasurer shall transfer, as provided by law, the amounts specified in subsection (1.7) of this section from moneys credited to the tobacco litigation settlement cash fund created in section 24-22-115. All settlement moneys other than settlement moneys received and allocated by the state during the same fiscal year pursuant to subsection (1.7) of this section shall be credited to the specified funds or accounts on July 1 of the fiscal year for which they are transferred, and all settlement moneys received and allocated by the state during the same fiscal year pursuant to said subsection (1.7) shall be credited to the specified funds or accounts upon receipt by the state.

(3) Notwithstanding subsection (1.7) of this section, for purposes of sections 23-20-136 (3.5)(a), 25-4-1401 (6), 25-4-1405 (2), 25-23-104 (2), 25.5-8-105 (3), 26.5-3-507 (2)(e), 26-6.8-102 (2)(d), and 28-5-709 (2)(a), settlement money received and allocated by the state pursuant to subsection (1.7) of this section during the same fiscal year is deemed to be money received for or during the preceding fiscal year.

(4) Repealed.

(5)

(a)

(I) The state treasurer shall credit all disputed payments upon receipt to the tobacco litigation settlement cash fund; except that the state treasurer shall credit any disputed payments received during any fiscal year that are not allocated under paragraph (b) of subsection (1.3) of this section to the general fund.

(II) As used in this paragraph (a):

(A) "Allocable share" has the same meaning as set forth in section (II)(f) of the master settlement agreement and all amendments thereto.

(B) "Disputed payments" means payments of settlement moneys received by the state on or after July 1, 2008, in regard to the maximum potential NPM adjustment allocable share applicable to Colorado for any year, as calculated by the independent auditor, and any earned income or interest associated with the payments.

(C) "Independent auditor" has the same meaning as set forth in section (II)(w) of the master settlement agreement and all amendments thereto.

(D) "NPM adjustment" has the same meaning as set forth in section (II)(ff) of the master settlement agreement and all amendments thereto.

(E) Repealed.

(b) Repealed.

(6) Repealed.

(7) Notwithstanding any limitation on the amount of advances set forth in section 24-75-203(2), the controller may authorize an advance without interest in any amount to be made to any department, institution, or agency of state government to provide it with working capital for the operation of tobacco settlement programs to which settlement moneys are allocated pursuant to this section.

(8) and (9) Repealed.

C.R.S. § 24-75-1104.5

Amended by 2024 Ch. 93,§ 1, eff. 4/18/2024.

Amended by 2024 Ch. 16,§ 1, eff. 3/6/2024.

Amended by 2023 Ch. 270,§ 17, eff. 7/1/2025.

Amended by 2022 Ch. 186, § 2, eff. 5/18/2022.

Amended by 2022 Ch. 123, § 66, eff. 7/1/2022.

Amended by 2020 Ch. 170, § 2, eff. 6/29/2020.

Amended by 2018 Ch. 409, § 2, eff. 6/6/2018.

Amended by 2017 Ch. 264, § 78, eff. 5/25/2017.

Amended by 2016 Ch. 230, § 18, eff. 7/1/2016.

Amended by 2016 Ch. 153,§ 26, eff. 7/1/2016.

Amended by 2016 Ch. 153,§ 1, eff. 7/1/2016.

Amended by 2015 Ch. 165, § 2, eff. 5/8/2015.

Amended by 2015 Ch. 103, § 2, eff. 4/16/2015.

Amended by 2014 Ch. 381, § 1, eff. 6/6/2014.

Amended by 2014 Ch. 93, § 1, eff. 3/27/2014.

Amended by 2013 Ch. 150, § 4, eff. 8/7/2013.

Amended by 2013 Ch. 169, § 21, eff. 7/1/2013.

Amended by 2013 Ch. 74, § 2, eff. 7/1/2013.

Amended by 2013 Ch. 200, § 2, eff. 5/11/2013.

Amended by 2013 Ch. 74, § 1, eff. 3/22/2013.

L. 2004: Entire section added, p. 1707, § 4, effective June 4. L. 2005: (1)(h) amended, p. 771, § 48, effective June 1; (1)(h) amended, p. 882, § 1, effective June 1; (1)(f) repealed, p. 911, § 15, effective June 2. L. 2006: Entire section and (1)(l) amended, pp. 1033, 1043, §§ 2, 15, effective May 25; (1)(m) added, p. 1758, § 2, effective June 6; (1)(b) and (1)(c) amended, p. 2012, § 79, effective July 1. L. 2007: (1)(c) and (2) amended and (1.5) added, p. 144, § 5, effective March 22; (1)(h) amended, p. 1037, § 8, effective May 22; (1.5)(a)(VI) and (1.5)(b) amended, p. 1675, § 4, effective May 31; IP(1), IP(1.5)(a), and (2) amended and (3) and (4) added, p. 1998, §§ 4, 5, effective June 1. L. 2008: IP(1.5)(a) amended, p. 389, § 2, effective April 10; (1.5)(a)(IV) amended, p. 2052, § 6, effective July 1; (3) amended, p. 1904, § 94, effective August 5. L. 2009: IP(1.5)(a) amended, (HB 09 -1223), ch. 380, p. 380, § 2, effective April 3; (1)(b), (1)(j), (1)(l), (1.5)(a)(III), (1.5)(a)(IV), (1.5)(a)(V), and (3) amended, (SB 09-210), ch. 528, p. 528, § 2, effective April 16; (1.5)(a)(VIII) amended, (SB 09-208), ch. 623, p. 623, § 19, effective April 20; (1.5)(a)(III)(C) added and (1.5)(a)(X) amended, (SB 09-264), ch. 204, pp. 926, 927, §§ 2, 3, effective May 1; IP(1), (1)(a)(II), (1)(a)(III), IP(1.5)(a), (2), and (3) amended and (5), (6), and (7) added, (SB 09-269), ch. 1762, p. 1762, § 1, effective June 1. L. 2010: (1)(b)(II), (1.5)(a)(III)(C), (1.5)(a)(V), and (1.5)(b) amended and (1)(b)(III), (1.5)(a)(III)(D), and (8) added, (HB 10-1323), ch. 35, pp. 129-131, §§ 1, 2, 5, 3, effective March 22; (1)(k), (1.5)(a)(II), (1.5)(a)(VIII)(A), and (3) amended, (SB 10-175), ch. 796, p. 796, § 55, effective April 29; (1.5)(a)(III)(A) and (1.5)(a)(III)(B) amended, (HB 10-1422), ch. 2088, p. 2088, § 81, effective August 11. L. 2011: (1)(a)(IV) added, (SB 11-224), ch. 538, p. 538, § 1, effective May 5; (1)(b), (1)(c), (1.5)(a)(V), (1.5)(a)(X), and (3) amended, (SB 11-216), ch. 518, p. 518, §§ 3, 2, effective May 5; (1.5)(a)(I), (1.5)(a)(VIII), (1.5)(a)(IX), (1.5)(b)(II), and (8) amended and (1.5)(b)(III) added, (SB 11-225), ch. 729, p. 729, § 2, effective May 19; (1.5)(a)(IX) amended and (1.5)(a)(XI) added, (HB 11-1281), ch. 689, p. 689, § 11, effective May 19. L. 2012: (5)(a)(II)(B) amended, (SB 12 -114), ch. 130, p. 130, § 1, effective March 19; (1.3) added, IP(1.5)(a), (1.5)(a)(I), and (1.5)(a)(VIII)(A) amended, and (1.5)(a)(IX), (1.5)(b)(I), (1.5)(b)(II), (6), and (8) repealed, (HB 12-1247), ch. 53, p. 189, § 1, effective March 22; (1.5)(a)(XII) added, (HB 12 -1249), ch. 248, p. 248, § 2, effective March 24; IP(1) amended, (HB 12 -1247), ch. 189, p. 189, § 1, effective July 1; (1)(h) and (3) amended, (HB 12-1238), ch. 673, p. 673, § 21, effective July 1. L. 2013: (1.5)(a)(I), (1.5)(a)(VIII)(A), and (1.5)(b)(III) amended, (HB 13 -1181), ch. 235, p. 235, § 1, effective March 22; (1)(a) R&RE, (HB 13-1180), ch. 813, p. 813, § 2, effective May 11; IP(1)(a), (1)(i), (3), and (5)(a)(I)(B) amended, (HB 13-1117), ch. 589, p. 589, § 21, effective July 1; (1)(i) amended, (HB 13 -1181), ch. 236, p. 236, § 2, effective July 1; IP(1.5)(a) and (1.5)(a)(XI) amended, (HB 13-1074), ch. 490, p. 490, § 4, effective August 7. L. 2014: (1.3)(a)(II), (1.3)(a)(III), and (5)(a)(I) amended, (SB 14 -104), ch. 344, p. 344, § 1, effective March 27; IP(1), (1.3)(b), (5)(a)(I), and (5)(a)(II)(B) amended, (HB 14-1394), ch. 1860, p. 1860, § 1, effective June 6. L. 2015: (1)(c)(II) amended and (1)(c)(III) and (1)(n) added, (SB 15 -188), ch. 299, p. 299, § 2, effective April 16; (1)(j)(I) amended, (SB 15-247), ch. 505, p. 505, § 2, effective May 8. L. 2016: (1), (1.5), (4), (5)(a)(II)(E), and (5)(b) repealed, (1.3), (2), and (3) amended, and (1.7) added, (HB 16-1408), ch. 153, pp. 472, 457, §§ 26, 1, effective July 1; (1)(j)(I), (1)(m), and (3) amended, (SB 16-146), ch. 920, p. 920, § 18, effective July 1. L. 2017: (3) amended, (SB 17-294), ch. 1406, p. 1406, § 78, effective May 25. L. 2018: (9) added, (SB 18-280), ch. 2400, p. 2400, § 2, effective June 6. L. 2020: (1.3)(a.5), IP(1.7), (1.7)(i), and (1.7)(m) amended and (1.8) added, (HB 20-1380), ch. 781, p. 781, § 2, effective June 29.

(1) (a) Amendments to subsection (1)(h) by House Bill 05-1337 and Senate Bill 05-249 were harmonized.

(b) Amendments to this section by House Bill 06-1310, House Bill 06-1054, and Senate Bill 06-219 were harmonized.

(c) Amendments to the introductory portion to subsection (1.5)(a) by House Bill 09-1223 and Senate Bill 09-269 were harmonized. Amendments to subsection (3) by Senate Bill 09-210 and Senate Bill 09-269 were harmonized.

(d) Amendments to subsection (1.5)(a)(IX) by Senate Bill 11-225 and House Bill 11-1281 were harmonized.

(e) Amendments to subsection (1)(a) by House Bill 13-1117 and House Bill 13-1180 were harmonized.

(f) Amendments to subsection (1)(j)(I) by Senate Bill 16-146 were harmonized with House Bill 16-1408 and relocated to subsection (1.7)(f).

(g) Amendments to subsection (1)(m) by Senate Bill 16-146 were harmonized with House Bill 16-1408 and relocated to subsection (1.7)(g).

(h) Amendments to subsection (3) by SB 16-146 and HB 16-1408 were harmonized.

(2) Subsection (1)(m) was originally lettered as (1)(l) in House Bill 06-1054 but has been renumbered on revision for ease of location.

(3) (a) Subsection (1)(j)(II) provided for the repeal of subsection (1)(j)(II), effective July 1, 2010. (See L. 2009, p. 528.)

(b) Subsection (1.5)(a)(III)(D) provided for the repeal of subsection (1.5)(a)(III), effective July 1, 2010. (See L. 2010, p. 130 .)

(c) Subsection (1.5)(a)(IV)(B) provided for the repeal of subsection (1.5)(a)(IV)(B), effective July 1, 2010. (See L. 2009, p. 528.)

(d) Subsection (1.5)(a)(X)(B) provided for the repeal of subsection (1.5)(a)(X)(B), effective July 1, 2011. (See L. 2009, p. 927.)

(e) Subsection (1)(b)(IV) provided for the repeal of subsection (1)(b), effective July 1, 2011. (See L. 2011, p. 518.)

(f) Subsection (1.5)(a)(X)(C) provided for the repeal of subsection (1.5)(a)(X), effective September 1, 2011. (See L. 2011, p. 518.)

(g) Subsection (9)(b) provided for the repeal of subsection (9), effective July 1, 2019. (See L. 2018, p. 2400.)

This section is set out more than once due to postponed, multiple, or conflicting amendments.

For the legislative declaration in the 2013 act amending the introductory portion of subsection (1)(a) and subsections (1)(i), (3), and (5)(a)(I)(B), see section 1 of chapter 169, Session Laws of Colorado 2013.