NOTE: The governor signed this measure on 3/19/2012.
      
      
      HOUSE BILL 12-1248
      
      
      BY REPRESENTATIVE(S) Gerou, Becker, Levy;
      also SENATOR(S) Lambert, Hodge, Steadman.
      
      
      Concerning the receipt of certain moneys by the department of
           law.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 24-31-108, amend (1);
      and add (2.5) as follows:
      
           24-31-108.  Receipt of moneys - subject to appropriation -
      exception for custodial moneys - legal services cash fund - creation -
      definition - repeal. (1) (a)  Except as otherwise provided in paragraph (b)
      of this subsection (1) or in subsection (2) or (3) of this section, any
      moneys received by the attorney general and paid to the department of the
      treasury pursuant to section 24-31-101 (1) (d) shall be are subject to annual
      appropriation by the general assembly.
      
           (b) (I)  The department of law is authorized to solicit,
      accept, and expend gifts, grants, and donations from public and
      private sources for the purposes of this article; except that the
      department may not accept a gift, grant, or donation that is
      subject to conditions inconsistent with this article or any other
      law of the state. All moneys collected by the department of law
      pursuant to this paragraph (b) shall be transmitted to the state
      treasurer to be credited to the particular fund deemed most
      appropriate by the department of law and shall be continuously
      appropriated to the department of law for the purposes of this
      article.
      
           (II)  The department of law shall include with its annual
      budget request to the joint budget committee a report describing
      the receipt and expenditure of moneys under this paragraph (b).
      
           (III)  This paragraph (b) is repealed, effective July 1, 2015.
      
           (2.5)  There is hereby created in the state treasury the legal
      services cash fund, also referred to in this subsection (2.5) as the
      "fund". The department of law shall transmit all moneys received
      from state agencies as payment for legal services to the state
      treasurer, who shall credit the same to the fund. The moneys in
      the fund and all interest earned on such moneys are subject to
      annual appropriation by the general assembly to the department
      of law for the direct and indirect costs associated with providing
      legal services to state governmental entities and for any of the
      department's litigation expenses. Any unexpended moneys in the
      fund at the end of the fiscal year shall remain in the fund and
      shall not be credited or transferred to any other fund.
      
           SECTION 2.  Effective date. This act takes effect July 1, 2012.
      
           SECTION 3.  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