NOTE: The governor signed this measure on 3/24/2012.
      
      
      HOUSE BILL 12-1249
      
      
      BY REPRESENTATIVE(S) Gerou, Becker, Levy, Todd;
      also SENATOR(S) Steadman, Hodge, Lambert.
      
      
      Concerning the manner in which tobacco litigation settlement
           moneys are allocated to the state auditor's office for the
           costs of conducting program reviews and evaluations of
           the performance of tobacco settlement programs.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 2-3-113, amend (7) (a)
      introductory portion and (7) (b); and add (7) (a.5) as follows:
      
           2-3-113.  Programs that receive tobacco settlement moneys -
      program review - repeal. (7) (a)  Beginning with the 2006-07 fiscal year
      and for each fiscal year thereafter through the 2011-12 fiscal year, the
      general assembly shall appropriate to the state auditor's office one-tenth of
      one percent of the total amount of moneys received by the state pursuant to
      the master settlement agreement in the most recently completed calendar
      year for the costs incurred by the state auditor's office in implementing the
      requirements of this section. The amount appropriated to the state auditor's
      office pursuant to this subsection (7) shall come from a proportionate
      reduction in the amounts annually received by each tobacco settlement
      program from the tobacco litigation settlement cash fund:
      
           (a.5)  Beginning with the 2012-13 fiscal year and for each
      fiscal year thereafter, the state auditor's office shall receive
      settlement moneys as specified in section 24-75-1104.5 (1.5) (a) (XII),
      C.R.S., for the costs incurred by the state auditor's office in
      implementing the requirements of this section.
      
           (b)  Any unencumbered moneys appropriated from moneys received
      pursuant to the master settlement agreement remaining with the state
      auditor's office at the end of any fiscal year ending before July 1, 2012,
      shall be transferred to the tobacco litigation settlement trust fund created in
      section 24-22-115.5, C.R.S.
      
           SECTION 2.  In Colorado Revised Statutes, 24-75-1104.5, amend
      (1.5) (a) (IX); and add (1.5) (a) (XII) as follows:
      
           24-75-1104.5.  Use of settlement moneys - programs - repeal.
      (1.5) (a)  Except as otherwise provided in subsections (5) and (6) of this
      section, for the 2007-08 fiscal year and for each fiscal year thereafter, the
      following programs, services, and funds shall receive the following
      specified amounts from the portion of any settlement moneys received and
      allocated by the state in the current fiscal year that remains after the
      programs, services, and funds receiving such moneys pursuant to subsection
      (1) of this section have been fully funded, and the portion of all other
      settlement moneys received by the state in the preceding fiscal year that
      remains after the programs, services, and funds receiving such other
      settlement moneys pursuant to subsection (1) of this section have been fully
      funded and all overexpenditures and supplemental appropriations allowed
      for the 2006-07, 2007-08, 2008-09, or 2009-10 fiscal years pursuant to
      section 24-22-115 (4) have been made:
      
           (IX)  The short-term innovative health program grant fund created
      in section 25-36-101 (2), C.R.S., shall receive six percent of the settlement
      moneys, which the state treasurer shall transfer thereto, plus, for fiscal years
      prior to the 2011-12 fiscal year only, additional moneys as specified in
      section 24-22-115 (1) (b) and paragraph (b) of this subsection (1.5); except
      that, for the 2011-12 fiscal year, and for each fiscal year thereafter, the
      amount allocated to the short-term innovative health program grant fund
      pursuant to this subparagraph (IX) is reduced by two hundred fifty thousand
      dollars and for the 2012-13 fiscal year and for each fiscal year
      thereafter, the amount allocated to the short-term innovative
      health program grant fund pursuant to this subparagraph (IX) is
      reduced by three hundred thirty-nine thousand dollars.
      
           (XII)  For the 2012-13 fiscal year and each fiscal year
      thereafter, the state auditor's office shall receive eighty-nine
      thousand dollars for the costs of implementing the requirements
      of section 2-3-113, C.R.S.
      
           SECTION 3.  Effective date. This act takes effect upon passage;
      except that section 24-75-1104.5 (1.5) (a) (IX), as amended by section 2 of
      this act, takes effect only if House Bill 12-1247 does not become law.
      
           SECTION 4.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO