Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. R12-0136.01 Esther van Mourik x4215 SCR12-002 SENATE SPONSORSHIP Williams S. and King S., Aguilar, Bacon, Carroll, Heath, Nicholson, Shaffer B., Spence HOUSE SPONSORSHIP Ramirez and Todd, Labuda, Miklosi, Sonnenberg, Soper, Swalm Senate Committees House Committees State, Veterans & Military Affairs SENATE CONCURRENT RESOLUTION 12-002 Submitting to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning assisting veterans by authorizing state-supervised lottery games to benefit the state veterans assistance grant program in order to provide services to United States veterans in Colorado. Resolution Summary (Note: This summary applies to this resolution as introduced and does not reflect any amendments that may be subsequently adopted. If this resolution passes third reading in the house of introduction, a resolution summary that applies to the reengrossed version of this resolution will be available at http://www.leg.state.co.us/billsummaries.) The concurrent resolution requires the Colorado department of military and veterans affairs to establish and administer the state veterans assistance grant program. The concurrent resolution authorizes state-supervised lottery games for state veterans assistance, which games may not include video lottery terminals, and requires the state lottery division in the department of revenue to operate, market, and advertise the state-supervised lottery games for state veterans assistance in a manner intended to clearly inform the public that the game tickets are available for purchase and that the proceeds are used to fund veterans programs in the state. The state-supervised lottery games for state veterans assistance will not affect the dedication of existing lottery proceeds under the great outdoors Colorado program. The state veterans assistance grant program will allow nonprofit veterans organizations and state and local governmental agencies to address a broad range of needs for all United States veterans in Colorado. The concurrent resolution creates the state veterans assistance grant fund. All moneys deposited in the fund must remain in the fund to support the state veterans assistance grant program, and no part may be used or appropriated for any other purpose. WHEREAS, The clauses appearing before Section 1 of this measure express the intent of the general assembly in adopting the measure and are intended to be included as part of the text of the measure for purposes of publication pursuant to section 1-40-124, Colorado Revised Statutes, and the ballot information booklet pursuant to section 1 (7.5) of article V of the state constitution and section 1-40-124.5, Colorado Revised Statutes; and WHEREAS, Colorado and the United States benefit significantly from the presence and military service of more than 60,000 men and women in our state who serve in the United States Army, Navy, Air Force, Marine Corps, and Coast Guard; the Branch Reserves; and the Colorado National Guard. In addition to active members of the Armed Services, Colorado is the proud home of more than 425,000 military veterans who have unselfishly served their country and who bring great honor and distinction to the state; and WHEREAS, We are fortunate that there are many veterans who have transitioned into civilian life successfully and continue to live, work, and prosper without any additional assistance. However, there are many individuals unable to make the transition primarily as a result of wounds, whether visible or invisible, suffered in war; and WHEREAS, According to the Veterans Administration, the facts are staggering: Due to the inescapable physical and mental impacts of war, eighteen veterans a day in our nation commit suicide, and one active duty service member takes his or her life every thirty-six hours; and WHEREAS, Due to circumstances out of their control, many service members returning home are unable to find a job or proper medical treatment or have been abandoned by their families. Veterans account for a disproportionate part of the homeless population in our state, and they have an unemployment rate significantly higher than their civilian counterparts; and WHEREAS, Our federal and state budget deficits are so severe that there are no sustainable revenues available to support essential veterans services. A separate and independent veterans' lottery may offer an effective, viable, long-term, and voluntary solution to the growing needs of our World War II, Korean, Vietnam, Cold War, Gulf War, and Global War on Terror veterans, and to the challenges of returning wounded soldiers from the Iraq and Afghanistan conflicts; and WHEREAS, Veterans' lotteries are common throughout the United States and offer funding for services for many disabled and severely wounded warriors. The proceeds from the state-supervised veterans' lottery games will provide veterans access to services that include treatment for post-traumatic stress disorders, traumatic brain injuries, and physical and mental traumas, as well as housing, job training, and employment counseling; and WHEREAS, We all benefit from the unselfish and brave actions of our wounded warriors; these heroes deserve funding for veterans services in the near future and for generations to come; now, therefore, Be It Resolved by the Senate of the Sixty-eighth General Assembly of the State of Colorado, the House of Representatives concurring herein: SECTION 1. At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendments to the constitution of the state of Colorado, to wit: In the constitution of the state of Colorado, section 2 of article XVIII, amend (7) as follows: Section 2. Lotteries prohibited - exceptions. (7) Any provision of this constitution to the contrary notwithstanding, the general assembly may establish a state-supervised lottery. Unless otherwise provided by statute, All proceeds from the state-supervised lottery, after deduction of prizes and expenses, shall be allocated to the conservation trust fund of the state for distribution to municipalities and counties for park, recreation, and open space purposes as specified in articles XXVII and XXX of this constitution. In the constitution of the state of Colorado, section 1 of article XXVII, amend (1) introductory portion as follows: Section 1. Great Outdoors Colorado Program. (1) The people of the State of Colorado intend that, on and after April 1, 2013, the net proceeds of every state-supervised lottery game operated under the authority of Article XVIII, Section 2, except the proceeds of every state-supervised lottery game described in Article XXX, shall be guaranteed and permanently dedicated to the preservation, protection, enhancement and management of the state's wildlife, park, river, trail and open space heritage, except as specifically provided in this article. Accordingly, there shall be established the Great Outdoors Colorado Program to preserve, protect, enhance and manage the state's wildlife, park, river, trail and open space heritage. The Great Outdoors Colorado Program shall include: In the constitution of the state of Colorado, section 3 of article XXVII, amend (1) introductory portion as follows: Section 3. Moneys allocated to Trust Fund. (1) Beginning with the proceeds from the fourth quarter of the State's Fiscal Year 1992-1993 2012-2013, all proceeds from all programs, including Lotto and every other state-supervised lottery game operated under the authority of Article XVIII, Section 2 of the Colorado Constitution, except the proceeds of every state-supervised lottery game described in Article XXX of the Colorado Constitution, whether by the Colorado Lottery Commission or otherwise (such programs defined hereafter in this Article as "Lottery Programs"), net of prizes and expenses of the state lottery division and after a sufficient amount of money has been reserved, as of the end of any fiscal quarter, to ensure the operation of the lottery for the ensuing fiscal quarter (such netted proceeds defined hereafter in this Article as "Net Proceeds") are set aside, allocated, allotted, and continuously appropriated as follows, and the Treasurer shall distribute such proceeds no less frequently than quarterly, as follows: In the constitution of the state of Colorado, amend section 11 of article XXVII as follows: Section 11. Effective date. This article shall become effective upon proclamation by the governor, and shall be self-implementing. This article shall apply to each distribution of net proceeds from the programs operated under the authority of Article XVIII, Section 2 of the Colorado Constitution, except, on and after April 1, 2013, the proceeds of every state-supervised lottery game described in Article XXX of the Colorado Constitution, whether by the Colorado Lottery Commission or otherwise, made after July 1, 1993 and shall supersede any provision to the contrary in Article XVIII, Section 2 or any other provision of law enacted before the effective date of Article XXX of the Colorado Constitution. In the constitution of the state of Colorado, add article XXX as follows: ARTICLE XXX State-supervised Lottery Games for State Veterans Assistance Section 1. State-supervised lottery games for state veterans assistance grant program - definition. (1) State-supervised lottery games for state veterans assistance are hereby authorized pursuant to section 2 of article XVIII of this constitution. State-supervised lottery games for state veterans assistance are in addition to any state-supervised lottery games already established in furtherance of article XXVII of this constitution. The existing state lottery division shall administer, operate, market, track, and advertise all state-supervised lottery games for state veterans assistance established pursuant to this article in a manner intended to clearly inform the public that such games are available for purchase and that the proceeds are used to fund veterans programs in this state. The state lottery division shall ensure that at least one state-supervised lottery game for state veterans assistance is available at all times on and after the effective date of this section. Any state-supervised lottery game for state veterans assistance must clearly state that the net proceeds are used to benefit veterans in this state. (2) All net proceeds are guaranteed and permanently dedicated to the state veterans assistance grant fund created in section 3 of this article. (3) For purposes of this article, unless the context otherwise requires: (a) "Net proceeds" means the proceeds from the state-supervised lottery games for state veterans assistance authorized pursuant to this article minus prizes and expenses of the existing state lottery division attributable to the state-supervised lottery games for state veterans assistance and the expenses of the department of military and veterans affairs attributable to the state veterans assistance grant program and minus a sufficient amount of money reserved to ensure the administration of state-supervised lottery games for state veterans assistance for the ensuing fiscal quarter. (b) "State-supervised lottery game for state veterans assistance" means: (I) A paper ticket that, prior to the drawing that determines prize winners, memorialized a player's designated numbers in either the game commonly known as lotto in which prizes are awarded on the basis of numbers selected at random; or (II) A tangible card that: (A) Depicts a nonmechanical scratch game; (B) Is the sole means by which a ticket holder plays the lottery game; and (C) Sets forth the outcome of the scratch game after the card has been played, the winnings attributable to the outcome reflected on the scratch game card, or both. Section 2. State veterans assistance grant program. (1) The department of military and veterans affairs shall: (a) Create a state veterans assistance grant program and administer it in such a way that nonprofit and not-for-profit organizations that provide direct services to veterans and state and local governmental agencies can address a broad range of needs for all United States veterans in Colorado, including, in no order of priority, but not limited to: (I) Providing employment counseling, training, and assistance; (II) Providing housing assistance for veterans in need; (III) Counseling veterans who are suffering from post-traumatic stress disorder or traumatic brain injuries as a result of their service; and (IV) Providing suicide prevention assistance. (b) Direct the state treasurer to disburse moneys from the state veterans assistance grant fund created in section 3 of this article as the department of military and veterans affairs may determine by resolution; (c) Administer the state veterans assistance grant fund; (d) Publish and distribute to the general assembly and the governor, and post on the official web sites of the state of Colorado and the office of the governor, an annual report that includes, but is not limited to: (I) Any financial information of the department of military and veterans affairs related to the state veterans assistance grant program; (II) Any information related to the administration of the money in the state veterans assistance grant fund; and (III) The objectives and budget of the department of military and veterans affairs for the upcoming year related to the state veterans assistance grant program. (2) The state veterans assistance grant program is subject to audit by the office of the state auditor. Section 3. State veterans assistance grant fund created. The state veterans assistance grant fund is hereby created in the state treasury. All moneys deposited in the fund shall remain in the fund for the purposes set forth in this article, and no part thereof shall be used or appropriated for any other purpose nor made subject to any other restriction. Section 4. Moneys allocated to the state veterans assistance grant fund. Beginning with the fourth quarter of the 2012-13 state fiscal year, all net proceeds are credited to the state veterans assistance grant fund. The state treasurer shall distribute the net proceeds no less frequently than quarterly. Section 5. State veterans assistance grant fund expenditures. Expenditures from the state veterans assistance grant fund shall be made in furtherance of the state veterans assistance grant program described in section 2 of this article and shall commence in state fiscal year 2013-14. All moneys provided from the fund are custodial in nature, and the expenditure of those moneys is not subject to legislative appropriation or restriction. Section 6. No substitution allowed. The allocation of moneys required by this article is in addition to and not a substitute for moneys otherwise appropriated by the general assembly to the department of military and veterans affairs. Section 7. Conflicting provisions - legislation to facilitate article. (1) Any provisions of the Colorado Revised Statutes in conflict or inconsistent with this article are preempted by this article and inapplicable to the matters covered by and provided for in this article. (2) Legislation shall be enacted to facilitate the operation of this article, but such legislation shall not in any way limit or restrict the provisions of this article. SECTION 2. Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "Shall there be an amendment to the Colorado constitution concerning assisting veterans by authorizing state-supervised lottery games to benefit the state veterans assistance grant program in order to provide services to United States veterans in Colorado?" SECTION 3. The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.