NOTE: The governor signed this measure on 6/6/2014.
      
      
      HOUSE BILL 14-1394
      
      
      BY REPRESENTATIVE(S) Duran, May, Gerou, Fields, Kraft-Tharp,
      Pettersen, Rosenthal, Salazar, Schafer, Young;
      also SENATOR(S) Lambert, Hodge, Steadman, Crowder.
      
      
      Concerning the use of disputed payments of tobacco litigation
           settlement moneys received by the state to reduce the
           annual amount of accelerated payments allocated from
           the tobacco litigation settlement cash fund.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 24-75-1104.5, amend
      (1) introductory portion, (1.3) (b), and (5) (a) (II) (B); and amend as
      amended by Senate Bill 14-104 (5) (a) (I) as follows:
      
           24-75-1104.5.  Use of settlement moneys - programs - repeal.
      (1)  Except as otherwise provided in subsections (1.3) and (5) of this
      section, and except that disputed payments received by the state
      in the 2013-14 fiscal year or in any fiscal year thereafter are
      excluded from the calculation of allocations under this
      subsection (1), for the 2004-05 fiscal year and for each fiscal year
      thereafter, the following programs, services, or funds shall receive the
      following specified amounts from the settlement moneys received by the
      state in the preceding fiscal year:
      
           (1.3) (b) (I)  For the 2012-13 fiscal year, and for each fiscal year
      thereafter, in addition to the amounts allocated pursuant to paragraph (a) of
      this subsection (1.3), the amount of unexpended and unencumbered
      moneys remaining in the tobacco litigation settlement cash fund, created in
      section 24-22-115 (1) (a), at the end of the prior fiscal year shall be
      allocated to the programs that receive settlement moneys pursuant to
      subsections (1) and (1.5) of this section in proportion to their shares of the
      settlement moneys.
      
           (II)  For the 2013-14 fiscal year, and for each fiscal year
      thereafter, in addition to the amounts allocated pursuant to
      paragraph (a) of this subsection (1.3), disputed payments received
      are allocated in the year received up to the amounts necessary
      to meet the requirements of subsections (1) and (1.5) of this
      section in the percentages and amounts specified and for the
      programs, services, and funds specified in said subsections (1) and
      (1.5).
      
           (5) (a) (I)  The state treasurer shall credit all disputed payments upon
      receipt to the tobacco litigation settlement cash fund; except that the state
      treasurer shall credit any disputed payments received during any fiscal year
      that are not allocated under subparagraph (II) or (III) of paragraph (a)
      paragraph (b) of subsection (1.3) of this section to the general fund.
      
           (II)  As used in this paragraph (a):
      
           (B)  "Disputed payments" means payments of settlement moneys
      received by the state from participating manufacturers on or after July 1,
      2008, in regard to the maximum potential NPM adjustment allocable share
      applicable to Colorado for any year, as calculated by the independent
      auditor, and any earned income or interest associated with the payments.
      
           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                        Morgan Carroll
      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