NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 13-1305
      
      
      BY REPRESENTATIVE(S) Gerou and Levy, Duran, Fields, Rosenthal;
      also SENATOR(S) Steadman, Hodge, Lambert, Aguilar.
      
      
      Concerning limited authorization for the governor to order
           moneys to be transferred from the general fund to the
           tobacco litigation settlement cash fund if any payment of
           tobacco litigation settlement moneys to be made to the
           state is reduced due to a finding by an arbitration panel
           that the state must repay disputed payments of tobacco
           litigation settlement moneys already made to the state.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add 24-75-1107 as
      follows:
      
           24-75-1107.  Loss of disputed payments - authorization for
      transfers to tobacco litigation settlement cash fund. (1)  The attorney
      general shall immediately notify the governor, the state
      treasurer, the joint budget committee of the general assembly,
      the speaker and minority leader of the house of representatives,
      and the president and minority leader of the senate if an
      arbitration panel makes any finding regarding the failure of the
      state to diligently enforce the provisions of part 2 of article 28
      of title 39, C.R.S., that will reduce the amount of any payment of
      settlement moneys to the state.
      
           (2)  If the attorney general provides notification pursuant
      to subsection (1) of this section, the governor may instruct the
      state treasurer to transfer a specific amount of not more than
      forty million dollars from the general fund to the tobacco
      litigation settlement cash fund and to further transfer those
      moneys to programs and funds that receive settlement moneys
      pursuant to section 24-75-1104.5 as directed by the governor if:
      
           (a)  The general assembly is not in regular session;
      
           (b)  The notification indicates that the next scheduled
      payment of settlement moneys to the state will be at least
      thirty-five million dollars less than the most recent amount
      forecast by the staff of the legislative council when the general
      assembly was last in regular session;
      
           (c)  The settlement moneys that will no longer be paid to the
      state were previously expected to be paid within twelve months of
      the date of the finding that will reduce the amount of a payment
      of settlement moneys to the state; and
      
           (d)  The amount to be transferred is based on:
      
           (I)  The amount required to cover the amount of working
      capital advanced from the general fund to tobacco settlement
      programs before the date of the finding that will reduce the
      amount of a payment of settlement moneys to the state; and
      
           (II)  Any additional amount needed to allow tobacco
      settlement programs to meet critical state obligations and
      reduce program expenditure in an orderly manner through the
      end of the next January.
      
           SECTION 2.  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.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      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