§ 24-75-1104.5 — Use of settlement money - programs

Colorado § 24-75-1104.5

• Jurisdiction: Colorado
• Title 24: Government
• Art.: State Funds

Text

(1) Repealed.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 section 26-6.8-102
receives seven and one-half percent of the total amount of settlement money,
which the state treasurer shall transfer to the youth services program fund created
in section 26-6.8-102 (7);

(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.

(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 (7), 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.

Legislative History

Source: 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. 103, 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. 124, p. 528, � 2, effective April 16; (1.5)(a)(VIII) amended, (SB 09-208), ch. 149, 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. 333, 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. 188, p. 796, � 55, effective April 29; (1.5)(a)(III)(A) and (1.5)(a)(III)(B) amended, (HB 10-1422), ch. 419, p. 2088, � 81, effective August 11. L. 2011: (1)(a)(IV) added, (SB 11-224), ch. 155, 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. 149, 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. 189, p. 729, � 2, effective May 19; (1.5)(a)(IX) amended and (1.5)(a)(XI) added, (HB 11-1281), ch. 180, p. 689, � 11, effective May 19. L. 2012: (5)(a)(II)(B) amended, (SB 12-114), ch. 34, 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. 72, p. 248, � 2, effective March 24; IP(1) amended, (HB 12-1247), ch. 53, p. 189, � 1, effective July 1; (1)(h) and (3) amended, (HB 12-1238), ch. 180, 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. 74, p. 235, � 1, effective March 22; (1)(a) R&RE, (HB 13-1180), ch. 200, p. 813, � 2, effective May 11; IP(1)(a), (1)(i), (3), and (5)(a)(I)(B) amended, (HB 13-1117), ch. 169, p. 589, � 21, effective July 1; (1)(i) amended, (HB 13-1181), ch. 74, p. 236, � 2, effective July 1; IP(1.5)(a) and (1.5)(a)(XI) amended, (HB 13-1074), ch. 150, 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. 93, p. 344, � 1, effective March 27; IP(1), (1.3)(b), (5)(a)(I), and (5)(a)(II)(B) amended, (HB 14-1394), ch. 381, p. 1860, � 1, effective June 6. L. 2015: (1)(c)(II) amended and (1)(c)(III) and (1)(n) added, (SB 15-188), ch. 103, p. 299, � 2, effective April 16; (1)(j)(I) amended, (SB 15-247), ch. 165, 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. 230, p. 920, � 18, effective July 1. L. 2017: (3) amended, (SB 17-294), ch. 264, p. 1406, � 78, effective May 25. L. 2018: (9) added, (SB 18-280), ch. 409, 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. 170, p. 781, � 2, effective June 29. L. 2022: IP(1.7) and (1.7)(m) amended, (HB 22-1292), ch. 186, p. 1248, � 2, effective May 18; IP(1.7), (1.7)(a), and (3) amended, (HB 22-1295), ch. 123, p. 844, � 66, effective July 1. L. 2023: (1.7)(k)(II) added by revision, (SB 23-289), ch. 270, p. 1611, �� 17 and 19; (3) amended, (SB 23-289), ch. 270, p. 1611, � 17, effective July 1, 2025. L. 2024: (1.7)(k)(I) amended, (HB 24-1208), ch. 16, p. 42, � 1, effective March 6; (1.7)(a) amended, (HB 24-1388), ch. 93, p. 300, � 1, effective April 18. L. 2025: (1.7)(e) and (3) amended, (SB 25-197), ch. 256, p. 1287, � 9, effective August 6.