§ 26-11-205.5 — Older Coloradans program - distribution formula - cash fund

Colorado § 26-11-205.5

• Jurisdiction: Colorado
• Title 26: Human
• Art.: Older Coloradans' Act

Text

(1) There is hereby created in the state department the older Coloradans program,
referred to in this section as the program. The program shall provide moneys to
area agencies on aging to provide grants to provide community-based services to
persons sixty years of age or older to assist such persons to live in their own homes
and communities for as long as possible. Such services shall include but are not
limited to congregate nutrition, home-delivered meals, transportation services, in-home services, ombudsman services, legal services, elder abuse prevention,
outreach, and information and referral services.

(2) After retaining an amount for the state department's indirect costs, as
calculated under the federally approved cost allocation plan, money appropriated
for the program shall be distributed to area agencies on aging using the same
formula that the state office uses to distribute money available under Title III, parts
(B), (C), (D), and (F) of the federal Older Americans Act of 1965, as amended, but
such money shall be allocated as a whole and not allocated to individual parts of
Title III; except that appropriations from the fund of accumulated interest are not
subject to the restriction that requires allocations as a whole. An area agency on
aging shall use no more than ten percent of the money received from the program
for administrative expenses.

(3) The proposed uses of moneys from the program shall be included in each
area agency on aging's area plan developed pursuant to section 26-11-204 (1)(a).

(4) (a) On or before August 1, 2002, and each August 1 thereafter, each area
agency on aging shall submit a report to the state office detailing the use of
moneys from the program for the previous fiscal year, including an itemization of
how many more persons received each service because of such moneys.

(b) Repealed.

(5) (a) There is hereby created the older Coloradans cash fund, referred to in
this subsection (5) as the fund. The fund consists of moneys allocated and
credited to the fund from sales and use taxes pursuant to the provisions of section
39-26-123 (3), C.R.S., and any moneys appropriated to the fund by the general
assembly. In addition, the state treasurer may credit to the fund any public or
private gifts, grants, or donations received by the state department for
implementation of the program. The fund is subject to annual appropriation by the
general assembly to the state department. Notwithstanding the provisions of
section 24-36-114, C.R.S., all interest derived from the deposit and investment of
moneys in the fund is credited to the fund. Any amount remaining in the fund at the
end of any fiscal year shall remain in the fund and not be transferred or credited to
the general fund or any other fund.

(b) Repealed.

(c) Notwithstanding any provision of this subsection (5) to the contrary, on
July 1, 2020, the state treasurer shall deduct thirteen million dollars from the fund
and transfer such sum to the general fund.

Legislative History

Source: L. 2000: Entire section added, p. 900, � 1, effective May 24. L. 2001: (2) and (4) amended, p. 1462, � 1, effective June 6. L. 2002: (1) and (5) amended, p. 148, � 1, effective March 27; (1) and (3) to (5) amended, p. 901, �� 1, 2, effective May 31. L. 2003: (4)(b) amended, p. 2011, � 101, effective May 22. L. 2004: (4)(b) repealed, p. 472, � 4, effective August 4. L. 2006: (5) amended, p. 938, � 1, effective July 1; (5) amended, p. 1603, � 5, effective July 2. L. 2007: (2) amended, p. 989, � 1, effective May 22. L. 2012: (5) amended, (HB 12-1326), ch. 195, p. 777, � 3, effective May 22. L. 2013: (5)(a) amended, (SB 13-127), ch. 349, p. 2027, � 2, effective July 1. L. 2018: (2) amended, (SB 18-207), ch. 204, p. 1319, � 1, effective May 4. L. 2020: (5)(b) amended and (5)(c) added, (HB 20-1387), ch. 174, p. 801, � 2, effective June 29.