First Regular Session
Sixty-second General Assembly
LLS NO. 99-0181.01 Julie Pelegrin SENATE BILL 99-132
STATE OF COLORADO
BY SENATOR Anderson;
also REPRESENTATIVE Morrison.
REREVISED
FINANCE
HEALTH, ENVIRONMENT, WELFARE AND INSTITUTIONS
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING USE OF MONEYS RECEIVED PURSUANT TO THE TOBACCO
102 LITIGATION SETTLEMENT.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Section 1: Specifies that moneys received by the state pursuant
to the master settlement agreement arising from tobacco litigation and
appropriated to programs pursuant to the act are intended to supplement,
and not supplant, any appropriations received by such programs prior to
the effective date of the act.
Section 2: Department oversight: Requires the department of
public health and environment to monitor programs that receive
appropriations from the moneys received by the state pursuant to the
master settlement agreement arising from tobacco litigation. Requires
each such program to submit annually information concerning operation
of the program. Instructs the department to prepare an annual report
compiling the programmatic information, programmatic evaluations
performed by the state auditor's office, and recommendations as to the
continuation of program funding and funding for new programs.
Section 3: State auditor's office: Requires the state auditor's
office to perform programmatic reviews and evaluations of each program
that receives appropriations from the moneys received by the state
pursuant to the master settlement agreement arising from tobacco
litigation. Requires the state auditor's office to release an annual report
of the programs reviewed. Instructs the state auditor's office to develop
a review schedule to ensure that each program is reviewed at least once
every 2 years.
Section 4: Nurse home visitor program: Creates the nurse home
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
visitor program to provide home health and education services to
first-time, low-income mothers during their pregnancies and through their
children's second birthdays. Instructs the president of the university of
Colorado to identify a health sciences facility that will assist the
department of public health and environment in implementing the
program. Specifies the duties of the health sciences facility. Establishes
procedures whereby entities may apply to the state board of health to
administer the program in communities throughout the state. Specifies
the minimum requirements for applications and program administration.
Requires the state board of health to adopt rules to implement the
program. Instructs the state board of health, based on recommendations
from the health sciences facility, to select the entities that will administer
the program and allocate grant monies to the selected entities. Identifies
moneys received pursuant to the tobacco litigation master settlement
agreement as a funding source for the program. Requires administering
entities to submit annual reports on the effectiveness of the program.
Requires the health sciences facility to submit to the department an
annual report that compiles the reports submitted by the entities,
evaluates the implementation of the program, and makes any
recommendations for change deemed necessary by the health sciences
facility.
Sections 5-7: Children's basic health plan: Declares the intent
of the general assembly to use moneys received pursuant to the tobacco
litigation master settlement agreement to maximize the state's
opportunities to receive increased federal matching funds to help fund the
children's basic health plan. Authorizes the general assembly to
appropriate to the children's basic health plan trust a specified percentage
of moneys received pursuant to the tobacco litigation master settlement
agreement and any federal matching grants received.
Sections 8-9: Medicaid resource standard for children: Makes
the resource standard for determining medicaid eligibility for children the
same as the standard used for determining eligibility under the Colorado
works program.
Sections 10-11: School nurses: Creates the school nurse fund.
Instructs the state board of health to distribute funds from the school
nurse fund to each school district in the state on a per-pupil basis to assist
each school district in off setting the costs incurred in employing school
nurses. Makes a conforming amendment.
Sections 12-13: Tobacco education and cessation programs in
schools. Recognizes the importance of providing tobacco education and
cessation programs to students in school. Encourages school districts to
develop aggressive tobacco education and cessation programs that
include participation by parents. Identifies moneys received by the state
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pursuant to the master settlement agreement arising from tobacco
litigation as a source of funding for comprehensive health education
programs.
Section 14-15: Tobacco-related research program: Directs the
office of the president at the university of Colorado to establish a
research grant program to support research efforts concerning tobacco
use and mental health and tobacco-related disease, illness, education,
evaluation, cessation, and prevention. Specifies the duties of the office
of the president in implementing the program. Instructs the president of
the university to appoint a scientific advisory committee, and specifies
the duties of the committee. Authorizes the program director to appoint
peer review panels, and specifies the membership for such panels.
Identifies the types of research that may be funded. Specifies the costs
for which grantees may be reimbursed. Allows the office of the president
to receive a portion of the amount appropriated to the research grant
program for administrative costs. Creates the university of Colorado
tobacco-related research fund to be administered by the treasurer of the
university of Colorado. Makes a conforming amendment.
Sections 16-19: Specifies that the state plan for alcohol and drug
abuse programs shall include programs concerning tobacco use
prevention, reduction, cessation, and education and reduction of
second-hand smoke. Specifies that general fund moneys shall not be
used in funding tobacco use programs. Requires any programs that
receive funding to submit an annual report to the department of public
health and environment.
Section 20: Creates the tobacco-related mental health services
program to provide tobacco addiction prevention and treatment programs
for persons with mental illness. Instructs the state board of human
services to adopt rules implementing the program. Instructs the
department of human services to work with the programs for public
psychiatry at the university of Colorado health sciences center in
reviewing applications and making grant recommendations. Directs the
state board of human services to make the grants. Creates the
tobacco-related mental health services fund to fund grants with moneys
received by the state pursuant to the master settlement agreement arising
from tobacco litigation. Requires an annual report evaluating the
programs that receive grants.
1 Be it enacted by the General Assembly of the State of Colorado:
2 { SECTION 1. Article 75 of title 24, Colorado Revised Statutes,
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1 is amended BY THE ADDITION OF A NEW PART to read:
2 PART 12
3 TOBACCO SETTLEMENT FUNDS
4 24-75-1201. Legislative declaration. (1) THE GENERAL
5 ASSEMBLY HEREBY FINDS AND DECLARES THAT, PURSUANT TO THE
6 MASTER SETTLEMENT AGREEMENT BETWEEN SEVERAL STATES, INCLUDING
7 COLORADO, AND CERTAIN TOBACCO COMPANIES, THE STATE WILL RECEIVE
8 SUBSTANTIAL MONEYS FOR SEVERAL YEARS, AND THAT SUCH MONEYS
9 MAY BE REDUCED BASED ON DECREASED SALES OF TOBACCO PRODUCTS.
10 THE GENERAL ASSEMBLY FURTHER FINDS THAT SUCH MONEYS WILL
11 ENABLE COLORADO TO ENACT TOBACCO USE PREVENTION, EDUCATION,
12 AND CESSATION PROGRAMS, AND RELATED HEALTH PROGRAMS, AND THAT
13 SUCH PROGRAMS MUST INVOLVE COST-EFFECTIVE PROGRAMS AT THE
14 STATE AND LOCAL LEVELS. FOR SUCH PURPOSES, THE POLICIES IN THIS
15 }[PART 12] {SHALL APPLY TO ALL MONEYS RECEIVED BY THE STATE FROM THE
16 MASTER SETTLEMENT AGREEMENT.
17 24-75-102. Definitions. AS USED IN THIS PART 12:
18 (1) "MASTER SETTLEMENT AGREEMENT" MEANS THE MASTER
19 SETTLEMENT AGREEMENT, THE SMOKELESS TOBACCO MASTER
20 SETTLEMENT AGREEMENT, AND THE CONSENT DECREE APPROVED AND
21 ENTERED BY THE COURT IN THE CASE DENOMINATED STATE OF COLORADO,
22 EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO
23 CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO
24 CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP
25 MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.;
26 THE COUNCIL FOR TOBACCO RESEARCH--U.S.A., INC.; AND TOBACCO
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1 INSTITUTE, INC., CASE NO. 97 CV 3432, IN THE DISTRICT COURT FOR THE
2 CITY AND COUNTY OF DENVER.
3 (2) "SETTLEMENT MONEYS" MEANS THE MONEYS RECEIVED
4 PURSUANT TO THE MASTER SETTLEMENT AGREEMENT.
5 (3) "TOBACCO SETTLEMENT PROGRAMS" MEANS ANY PROGRAM
6 THAT RECEIVES APPROPRIATIONS FROM MONEYS RECEIVED BY THE STATE
7 PURSUANT TO THE MASTER SETTLEMENT AGREEMENT.
8 24-75-1203. Policy on use of tobacco settlement funds.
9 (1) NO }[SETTLEMENT] {MONEYS SHALL BE USED FOR A TOBACCO
10 SETTLEMENT PROGRAM UNLESS SUCH PROGRAM IS EXPRESSLY
11 AUTHORIZED BY STATUTE OR IS WITHIN THE AUTHORITY OF THE
12 DEPARTMENT OR LOCAL GOVERNMENT REQUESTING FUNDING. NOTHING
13 IN THIS PART 12 NOR THE ESTABLISHMENT OF ANY} [TOBACCO] {SETTLEMENT
14 PROGRAM SHALL BE DEEMED TO CREATE AN ENTITLEMENT TO SERVICES OR
15 FUNDING UNDER THIS SECTION OR OTHER STATE LAW.
16 (2) LOCAL GOVERNMENTS ARE} [INTEGRAL PARTICIPANTS] {IN THE
17 DEVELOPMENT AND IMPLEMENTATION OF ANY TOBACCO PREVENTION,
18 EDUCATION, AND CESSATION PROGRAMS. IN ADDITION TO THE ABILITY TO
19 PARTICIPATE IN ANY STATE PROGRAMS, A PORTION OF THE SETTLEMENT
20 MONEYS MAY BE DEDICATED TO LOCAL GOVERNMENTS FOR TOBACCO USE
21 PREVENTION, EDUCATION, AND CESSATION PROGRAMS AND RELATED
22 HEALTH PROGRAMS.
23 (3) [THE MAJORITY OF THE] MONEYS RECEIVED BY THE STATE FROM
24 THE MASTER SETTLEMENT AGREEMENT SHALL BE DEDICATED TO
25 IMPROVING THE HEALTH OF THE CITIZENS OF COLORADO, INCLUDING
26 TOBACCO USE PREVENTION, EDUCATION, AND CESSATION PROGRAMS AND
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1 RELATED HEALTH PROGRAMS. SUCH MONEYS ARE INTENDED TO
2 SUPPLEMENT ANY MONEYS APPROPRIATED TO HEALTH-RELATED
3 PROGRAMS ESTABLISHED PRIOR TO THE EFFECTIVE DATE OF THIS} [PART 12.]{
4 (4) SINCE THE AMOUNT OF MONEYS TO BE RECEIVED BY THE STATE
5 IS UNCERTAIN, A PORTION OF THE SETTLEMENT MONEYS SHALL BE PLACED
6 IN AN ENDOWMENT TRUST} [FUND CREATED IN SECTION 24-22-115.5,] {WITH
7 THE PRINCIPLE AND INTEREST REINVESTED IN THE TRUST FUND} [UNTIL THE
8 STATE AUDITOR CERTIFIES THAT ACTUARIALLY-SOUND PROJECTIONS OF
9 FUTURE INTEREST EARNINGS INDICATE THAT THE INTEREST EARNED WILL
10 BE SUFFICIENT TO FULLY FUND THE TOBACCO SETTLEMENT PROGRAMS.]{
11 (5) A PORTION OF THE SETTLEMENT MONEYS SHALL BE USED TO
12 STRENGTHEN AND ENHANCE THE HEALTH OF ALL RESIDENTS OF COLORADO
13 BY SUPPLEMENTING AND EXPANDING STATEWIDE AND LOCAL PUBLIC
14 HEALTH PROGRAMS.
15 (6) A PORTION OF THE SETTLEMENT MONEYS SHALL BE ALLOCATED
16 TO THE TREATMENT OF TOBACCO-RELATED HEALTH PROBLEMS, INCLUDING
17 SPECIFICALLY, PROGRAMS DESIGNED FOR TOBACCO USE PREVENTION,
18 REDUCTION, CESSATION, AND EDUCATION AND THE REDUCTION OF
19 SECOND-HAND SMOKE.
20 (7) A PORTION OF THE SETTLEMENT MONEYS SHALL BE INVESTED
21 IN TOBACCO-RELATED IN-STATE RESEARCH INCLUDING, BUT NOT LIMITED
22 TO,} [TOBACCO-RELATED] {DISEASE, ILLNESS, EDUCATION, EVALUATION,
23 CESSATION, AND PREVENTION.}
24 { }
25 SECTION 2. Part 1 of article 1 of title 25, Colorado Revised
26 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
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1 read:
2 25-1-108.5. Additional powers and duties of the state board of
3 health and the department - programs that receive tobacco
4 settlement moneys - monitoring - annual report. (1) AS USED IN THIS
5 SECTION:
6 (a) "MASTER SETTLEMENT AGREEMENT" MEANS THE MASTER
7 SETTLEMENT AGREEMENT, THE SMOKELESS TOBACCO MASTER
8 SETTLEMENT AGREEMENT, AND THE CONSENT DECREE APPROVED AND
9 ENTERED BY THE COURT IN THE CASE DENOMINATED STATE OF COLORADO,
10 EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO
11 CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO
12 CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP
13 MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.;
14 THE COUNCIL FOR TOBACCO RESEARCH--U.S.A., INC.; AND TOBACCO
15 INSTITUTE, INC., CASE NO. 97 CV 3432, IN THE DISTRICT COURT FOR THE
16 CITY AND COUNTY OF DENVER.
17 (b) "TOBACCO SETTLEMENT PROGRAMS" MEANS ANY PROGRAM
18 THAT RECEIVES APPROPRIATIONS FROM MONEYS RECEIVED BY THE STATE
19 PURSUANT TO THE MASTER SETTLEMENT AGREEMENT.
20 (2) THE STATE BOARD AND THE DEPARTMENT SHALL MONITOR THE
21 OPERATION AND EFFECTIVENESS OF TOBACCO SETTLEMENT PROGRAMS.
22 EACH TOBACCO SETTLEMENT PROGRAM SHALL ANNUALLY SUBMIT TO THE
23 DEPARTMENT, IN ACCORDANCE WITH RULES PROMULGATED BY THE STATE
24 BOARD, THE FOLLOWING INFORMATION:
25 (a) THE AMOUNT RECEIVED BY THE PROGRAM FOR THE PRECEDING
26 FISCAL YEAR;
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1 (b) A DESCRIPTION OF THE PROGRAM, INCLUDING THE PROGRAM
2 GOALS, THE POPULATION SERVED BY THE PROGRAM, INCLUDING THE
3 ACTUAL NUMBER OF PERSONS SERVED, AND THE SERVICES PROVIDED
4 THROUGH THE PROGRAM;
5 (c) INFORMATION EVALUATING THE OPERATION OF THE PROGRAM,
6 INCLUDING THE EFFECTIVENESS OF THE PROGRAM IN ACHIEVING ITS
7 STATED GOALS; AND
8 (d) ANY OTHER INFORMATION REQUIRED BY RULE OF THE STATE
9 BOARD.
10 (3) (a) ON OR BEFORE JANUARY 15, 2000, AND ON OR BEFORE
11 EACH JANUARY 15 THEREAFTER, THE DEPARTMENT SHALL SUBMIT TO THE
12 JOINT BUDGET COMMITTEE, THE HEALTH, ENVIRONMENT, WELFARE, AND
13 INSTITUTIONS COMMITTEES OF THE SENATE AND THE HOUSE OF
14 REPRESENTATIVES, THE ATTORNEY GENERAL, AND THE GOVERNOR A
15 REPORT SUMMARIZING THE INFORMATION RECEIVED BY THE DEPARTMENT
16 PURSUANT TO SUBSECTION (2) OF THIS SECTION. IN ADDITION, THE REPORT
17 SHALL INCLUDE:
18 (I) THE REPORTS PREPARED BY THE STATE AUDITOR DURING THE
19 PRECEDING FISCAL YEAR PURSUANT TO SECTION 2-3-113, C.R.S.,
20 REVIEWING AND EVALUATING TOBACCO SETTLEMENT PROGRAMS, SO LONG
21 AS SUCH REPORTS HAVE BEEN PREVIOUSLY RELEASED BY THE AUDIT
22 COMMITTEE;
23 (II) THE STATE BOARD'S RECOMMENDATIONS CONCERNING ANY
24 PROGRAMS FOR WHICH THE GENERAL ASSEMBLY SHOULD {ADJUST} THE
25 APPROPRIATIONS OF MONEYS RECEIVED PURSUANT TO THE MASTER
26 SETTLEMENT AGREEMENT; AND
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1 (III) THE STATE BOARD'S RECOMMENDATIONS CONCERNING ANY
2 PROGRAMS FOR WHICH THE GENERAL ASSEMBLY SHOULD CONSIDER
3 APPROPRIATING MONEYS RECEIVED PURSUANT TO THE MASTER
4 SETTLEMENT AGREEMENT.
5 (b) THE REPORT PREPARED PURSUANT TO THIS SUBSECTION (3)
6 SHALL ALSO BE AVAILABLE UPON REQUEST TO ANY MEMBER OF THE
7 PUBLIC.
8 { (4) THE STATE BOARD SHALL ADOPT RULES TO ENSURE THAT NO
9 PERSON WHO IS INVOLVED IN EVALUATING TOBACCO SETTLEMENT
10 PROGRAMS PURSUANT TO THIS SECTION HAS A CONFLICT OF INTEREST IN
11 CONDUCTING SUCH EVALUATIONS, INCLUDING BUT NOT LIMITED TO ANY
12 CONFLICT INVOLVING THE PERSON AND THE RECIPIENT OF ANY TOBACCO
13 SETTLEMENT PROGRAM MONEYS AND ANY CONFLICT INVOLVING THE
14 PERSON AND THE TOBACCO INDUSTRY. IF THE STATE BOARD DETERMINES
15 THAT A PERSON HAS A CONFLICT, AS DESCRIBED BY RULE, THE STATE
16 BOARD SHALL PROHIBIT THAT PERSON FROM PARTICIPATING IN ANY
17 REVIEWS THAT MAY BE INFLUENCED BY THE CONFLICT.}
18 [(5) THE COSTS INCURRED BY THE DEPARTMENT IN IMPLEMENTING
19 THE REQUIREMENTS OF THIS SECTION SHALL BE PAID PROPORTIONATELY
20 FROM THE AMOUNTS ANNUALLY APPROPRIATED TO EACH TOBACCO
21 SETTLEMENT PROGRAM; EXCEPT THAT THE AMOUNT OF SAID COSTS SHALL
22 NOT EXCEED FOUR-TENTHS OF ONE PERCENT OF THE TOTAL AMOUNT OF
23 MONEYS RECEIVED PURSUANT TO THE MASTER SETTLEMENT AGREEMENT
24 IN ANY FISCAL YEAR.]
25 SECTION 3. Part 1 of article 3 of title 2, Colorado Revised
26 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
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1 read:
2 2-3-113. Programs that receive tobacco settlement moneys -
3 programmatic review. (1) AS USED IN THIS SECTION:
4 (a) "MASTER SETTLEMENT AGREEMENT" MEANS THE MASTER
5 SETTLEMENT AGREEMENT, THE SMOKELESS TOBACCO MASTER
6 SETTLEMENT AGREEMENT, AND THE CONSENT DECREE APPROVED AND
7 ENTERED BY THE COURT IN THE CASE DENOMINATED STATE OF COLORADO,
8 EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO
9 CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO
10 CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP
11 MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.;
12 THE COUNCIL FOR TOBACCO RESEARCH--U.S.A., INC.; AND TOBACCO
13 INSTITUTE, INC., CASE NO. 97 CV 3432, IN THE DISTRICT COURT FOR THE
14 CITY AND COUNTY OF DENVER.
15 (b) "TOBACCO SETTLEMENT PROGRAMS" MEANS ANY PROGRAM
16 THAT RECEIVES APPROPRIATIONS FROM MONEYS RECEIVED BY THE STATE
17 PURSUANT TO THE MASTER SETTLEMENT AGREEMENT.
18 (2) BEGINNING JANUARY 1, 2000, IT IS THE DUTY OF THE STATE
19 AUDITOR TO CONDUCT OR CAUSE TO BE CONDUCTED PROGRAMMATIC
20 REVIEWS AND EVALUATIONS OF THE PERFORMANCE OF TOBACCO
21 SETTLEMENT PROGRAMS TO DETERMINE WHETHER THE PROGRAMS ARE
22 EFFECTIVELY AND EFFICIENTLY MEETING THEIR STATED GOALS. THE
23 PROGRAMMATIC REVIEWS AND EVALUATIONS SHALL SUBJECT ALL
24 TOBACCO [SETTLEMENT] PROGRAMS TO AUDIT, WHETHER OPERATED
25 DIRECTLY BY A STATE AGENCY OR BY A PRIVATE ENTITY OR BY A LOCAL
26 GOVERNMENT AGENCY.
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1 (3) THE STATE AUDITOR MAY CONTRACT WITH ONE OR MORE
2 PUBLIC OR PRIVATE ENTITIES IN CAUSING TO BE CONDUCTED THE
3 PROGRAMMATIC REVIEWS AND EVALUATIONS AND PREPARING THE
4 ANNUAL EXECUTIVE SUMMARY REPORTS AS PROVIDED IN THIS SECTION.
5 (4) THE JOINT BUDGET COMMITTEE STAFF, THE LEGISLATIVE
6 COUNCIL STAFF, THE OFFICE OF LEGISLATIVE LEGAL SERVICES, AND THE
7 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL WORK WITH
8 THE STATE AUDITOR'S OFFICE IN CONDUCTING THE PROGRAMMATIC
9 REVIEWS AND EVALUATIONS OF TOBACCO SETTLEMENT PROGRAMS.
10 (5) BEGINNING DECEMBER 15, [2000,] THE STATE AUDITOR'S OFFICE
11 SHALL FIRST SUBMIT TO THE LEGISLATIVE AUDIT COMMITTEE AND THEN TO
12 THE GOVERNOR, THE ATTORNEY GENERAL, THE DEPARTMENT OF PUBLIC
13 HEALTH AND ENVIRONMENT, THE JOINT BUDGET COMMITTEE, AND THE
14 HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS COMMITTEES OF
15 THE SENATE AND THE HOUSE OF REPRESENTATIVES, REPORTS ON THE
16 PROGRAMMATIC REVIEWS AND EVALUATIONS OF TOBACCO SETTLEMENT
17 PROGRAMS PERFORMED PURSUANT TO SUBSECTION (2) OF THIS SECTION.
18 IN ADDITION, THE STATE AUDITOR'S OFFICE SHALL SUBMIT TO THE HEALTH,
19 ENVIRONMENT, WELFARE, AND INSTITUTIONS COMMITTEES OF THE SENATE
20 AND THE HOUSE OF REPRESENTATIVES AND TO THE DEPARTMENT OF
21 PUBLIC HEALTH AND ENVIRONMENT AN ANNUAL EXECUTIVE SUMMARY OF
22 THE PROGRAMMATIC REVIEWS AND EVALUATIONS.
23 (6) THE LEGISLATIVE AUDIT COMMITTEE SHALL DESIGN A
24 SCHEDULE FOR REVIEWING TOBACCO SETTLEMENT PROGRAMS TO ENSURE
25 THAT EACH PROGRAM IS REVIEWED AND EVALUATED AT LEAST ONCE
26 EVERY TWO YEARS.
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1 [(7) THE COSTS INCURRED BY THE STATE AUDITOR'S OFFICE IN
2 IMPLEMENTING THE REQUIREMENTS OF THIS SECTION SHALL BE PAID
3 PROPORTIONATELY FROM THE AMOUNTS ANNUALLY APPROPRIATED TO
4 EACH TOBACCO SETTLEMENT PROGRAM; EXCEPT THAT THE AMOUNT OF
5 SAID COSTS SHALL NOT EXCEED ONE-TENTH OF ONE PERCENT OF THE
6 TOTAL AMOUNT OF MONEYS RECEIVED PURSUANT TO THE MASTER
7 SETTLEMENT AGREEMENT IN ANY FISCAL YEAR.]{
8 } SECTION 4. Title 25, Colorado Revised Statutes, is amended
9 BY THE ADDITION OF A NEW ARTICLE to read:
10 ARTICLE 30
11 Colorado Nurse Home
12 Visitor Program
13 25-30-101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY
14 BE CITED AS THE "COLORADO NURSE HOME VISITOR PROGRAM ACT".
15 25-30-102. Legislative declaration. THE GENERAL ASSEMBLY
16 HEREBY FINDS THAT, IN ORDER TO ADEQUATELY CARE FOR THEIR
17 NEWBORNS AND YOUNG CHILDREN, NEW MOTHERS MAY OFTEN BENEFIT
18 FROM RECEIVING PROFESSIONAL ASSISTANCE AND INFORMATION.
19 WITHOUT SUCH ASSISTANCE AND INFORMATION, A YOUNG MOTHER MAY
20 DEVELOP HABITS OR PRACTICES THAT ARE DETRIMENTAL TO HER HEALTH
21 AND WELL-BEING AND THE HEALTH AND WELL-BEING OF HER CHILD. THE
22 GENERAL ASSEMBLY FURTHER FINDS THAT INADEQUATE PRENATAL CARE
23 AND INADEQUATE CARE IN INFANCY AND EARLY CHILDHOOD OFTEN
24 INHIBIT A CHILD'S ABILITY TO LEARN AND DEVELOP THROUGHOUT HIS OR
25 HER CHILDHOOD AND MAY HAVE LASTING, ADVERSE AFFECTS ON THE
26 CHILD'S ABILITY TO FUNCTION AS AN ADULT. THE GENERAL ASSEMBLY
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1 RECOGNIZES THAT IMPLEMENTATION OF A NURSE HOME VISITOR PROGRAM
2 THAT PROVIDES EDUCATIONAL, HEALTH, AND OTHER RESOURCES FOR
3 YOUNG MOTHERS DURING PREGNANCY AND THE FIRST YEARS OF THEIR
4 INFANTS' LIVES HAS BEEN PROVEN TO SIGNIFICANTLY REDUCE THE
5 AMOUNT OF DRUG, INCLUDING NICOTINE, AND ALCOHOL USE AND ABUSE
6 BY MOTHERS, THE OCCURRENCE OF CRIMINAL ACTIVITY COMMITTED BY
7 MOTHERS AND THEIR CHILDREN UNDER FIFTEEN YEARS OF AGE, AND THE
8 NUMBER OF REPORTED INCIDENTS OF CHILD ABUSE AND NEGLECT. SUCH
9 A PROGRAM HAS ALSO BEEN PROVEN TO REDUCE THE NUMBER OF
10 SUBSEQUENT BIRTHS, INCREASE THE LENGTH OF TIME BETWEEN
11 SUBSEQUENT BIRTHS, AND REDUCE THE MOTHER'S NEED FOR OTHER FORMS
12 OF PUBLIC ASSISTANCE. IT IS THE INTENT OF THE GENERAL ASSEMBLY
13 THAT SUCH A PROGRAM BE ESTABLISHED FOR THE STATE OF COLORADO,
14 BEGINNING WITH A LIMITED NUMBER OF PARTICIPANTS AND EXPANDING BY
15 2010 TO BE AVAILABLE TO ALL LOW-INCOME, FIRST-TIME MOTHERS IN THE
16 STATE.
17 25-30-103. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
18 CONTEXT OTHERWISE REQUIRES:
19 (1) "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH
20 AND ENVIRONMENT CREATED IN SECTION 25-1-102.
21 (2) "ENTITY" MEANS ANY NONPROFIT, NOT-FOR-PROFIT, OR
22 FOR-PROFIT CORPORATION, RELIGIOUS OR CHARITABLE ORGANIZATION,
23 INSTITUTION OF HIGHER EDUCATION, VISITING NURSE ASSOCIATION,
24 EXISTING VISITING NURSE PROGRAM, LOCAL HEALTH DEPARTMENT,
25 COUNTY DEPARTMENT OF SOCIAL SERVICES, OR OTHER GOVERNMENTAL
26 AGENCY OR ANY COMBINATION THEREOF.
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1 (3) "HEALTH SCIENCES FACILITY" MEANS A FACILITY LOCATED AT
2 THE UNIVERSITY OF COLORADO HEALTH SCIENCES CENTER THAT IS
3 SELECTED BY THE PRESIDENT OF THE UNIVERSITY OF COLORADO
4 PURSUANT TO SECTION 25-30-105 TO ASSIST THE STATE BOARD IN
5 ADMINISTERING THE PROGRAM.
6 (4) "MASTER SETTLEMENT AGREEMENT" MEANS THE MASTER
7 SETTLEMENT AGREEMENT, THE SMOKELESS TOBACCO MASTER
8 SETTLEMENT AGREEMENT, AND THE CONSENT DECREE APPROVED AND
9 ENTERED BY THE COURT IN THE CASE DENOMINATED STATE OF COLORADO,
10 EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO
11 CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO
12 CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP
13 MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.;
14 THE COUNCIL FOR TOBACCO RESEARCH--U.S.A., INC.; AND TOBACCO
15 INSTITUTE, INC., CASE NO. 97 CV 3432, IN THE DISTRICT COURT FOR THE
16 CITY AND COUNTY OF DENVER.
17 (5) "NURSE" MEANS A PERSON LICENSED AS A {PROFESSIONAL}
18 NURSE PURSUANT TO ARTICLE 38 OF TITLE 12, C.R.S., OR ACCREDITED BY
19 ANOTHER STATE OR VOLUNTARY AGENCY THAT THE STATE BOARD OF
20 NURSING HAS IDENTIFIED BY RULE PURSUANT TO SECTION 12-38-108 (1)
21 (a), C.R.S., AS ONE WHOSE ACCREDITATION MAY BE ACCEPTED IN LIEU OF
22 BOARD APPROVAL.
23 (6) "PROGRAM" MEANS THE NURSE HOME VISITOR PROGRAM
24 CREATED IN THIS ARTICLE.
25 (7) "STATE BOARD" MEANS THE STATE BOARD OF HEALTH CREATED
26 IN SECTION 25-1-103.
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1 25-30-104. Nurse home visitor program - created - rules.
2 (1) THERE IS HEREBY ESTABLISHED THE NURSE HOME VISITOR PROGRAM
3 TO PROVIDE REGULAR, IN-HOME, VISITING NURSE SERVICES TO FIRST-TIME,
4 LOW-INCOME MOTHERS DURING THEIR PREGNANCIES AND THROUGH THEIR
5 CHILDREN'S SECOND BIRTHDAYS. THE PROGRAM SHALL PROVIDE TRAINED
6 VISITING NURSES TO HELP EDUCATE MOTHERS ON THE IMPORTANCE OF
7 NUTRITION AND AVOIDING ALCOHOL AND DRUGS, INCLUDING NICOTINE,
8 AND TO ASSIST AND EDUCATE MOTHERS IN PROVIDING GENERAL CARE OF
9 THEIR CHILDREN AND IN IMPROVING HEALTH OUTCOMES FOR THEIR
10 CHILDREN. IN ADDITION, VISITING NURSES MAY ASSIST MOTHERS WITH
11 EDUCATIONAL ACHIEVEMENT AND EMPLOYMENT.
12 (2) THE PROGRAM SHALL BE ADMINISTERED IN COMMUNITIES
13 THROUGHOUT THE STATE BY ENTITIES SELECTED ON A COMPETITIVE BASIS
14 BY THE STATE BOARD. ANY ENTITY THAT SEEKS TO ADMINISTER THE
15 PROGRAM SHALL SUBMIT AN APPLICATION TO THE DEPARTMENT AS
16 PROVIDED IN SECTION 25-30-106. THE ENTITIES SELECTED PURSUANT TO
17 SECTION 25-30-107 SHALL BE EXPECTED TO PROVIDE SERVICES TO A
18 MINIMUM OF ONE HUNDRED FIRST-TIME, LOW-INCOME MOTHERS IN THE
19 COMMUNITY IN WHICH THE ENTITY ADMINISTERS THE PROGRAM. A
20 MOTHER SHALL BE ELIGIBLE TO RECEIVE SERVICES THROUGH THE
21 PROGRAM IF SHE IS PREGNANT WITH HER FIRST CHILD AND IS ELIGIBLE TO
22 RECEIVE SERVICES THROUGH THE BABY AND KID CARE PROGRAM CREATED
23 IN SECTION 26-4-508, C.R.S.
24 (3) THE STATE BOARD SHALL PROMULGATE, PURSUANT TO THE
25 PROVISIONS OF ARTICLE 4 OF TITLE 24, C.R.S., RULES FOR THE
26 IMPLEMENTATION OF THE PROGRAM. THE STATE BOARD SHALL BASE THE
Page 16
1 RULES ESTABLISHING PROGRAM TRAINING REQUIREMENTS, PROGRAM
2 PROTOCOLS, PROGRAM MANAGEMENT INFORMATION SYSTEMS, AND
3 PROGRAM EVALUATION REQUIREMENTS ON RESEARCH-BASED MODEL
4 PROGRAMS THAT HAVE BEEN IMPLEMENTED IN ONE OR MORE OTHER
5 STATES FOR A PERIOD OF AT LEAST FIFTEEN YEARS AND HAVE SHOWN
6 SIGNIFICANT REDUCTIONS IN:
7 (a) THE OCCURRENCE AMONG FAMILIES RECEIVING SERVICES
8 THROUGH THE MODEL PROGRAM OF INFANT BEHAVIORAL IMPAIRMENTS
9 DUE TO USE OF ALCOHOL AND OTHER DRUGS, INCLUDING NICOTINE;
10 (b) THE NUMBER OF REPORTED INCIDENTS OF CHILD ABUSE AND
11 NEGLECT AMONG FAMILIES RECEIVING SERVICES THROUGH THE MODEL
12 PROGRAM;
13 (c) THE NUMBER OF SUBSEQUENT PREGNANCIES BY MOTHERS
14 RECEIVING SERVICES THROUGH THE MODEL PROGRAM;
15 (d) THE RECEIPT OF PUBLIC ASSISTANCE BY MOTHERS RECEIVING
16 SERVICES THROUGH THE MODEL PROGRAM;
17 (e) CRIMINAL ACTIVITY ENGAGED IN BY MOTHERS RECEIVING
18 SERVICES THROUGH THE MODEL {PROGRAM AND THEIR CHILDREN.}
19 25-30-105. Health sciences facility - duties. (1) THE PRESIDENT
20 OF THE UNIVERSITY OF COLORADO SHALL IDENTIFY A FACILITY AT THE
21 UNIVERSITY OF COLORADO HEALTH SCIENCES CENTER WITH THE
22 KNOWLEDGE AND EXPERTISE NECESSARY TO ASSIST THE STATE BOARD IN
23 SELECTING ENTITIES FROM AMONG THE APPLICATIONS SUBMITTED
24 PURSUANT TO SECTION 25-30-106 AND IN MONITORING AND EVALUATING
25 THE IMPLEMENTATION OF THE PROGRAM IN COMMUNITIES THROUGHOUT
26 THE STATE.
Page 17
1 (2) THE HEALTH SCIENCES FACILITY SHALL MONITOR THE
2 ADMINISTRATION OF THE PROGRAM BY THE SELECTED ENTITIES TO ENSURE
3 THAT THE PROGRAM IS IMPLEMENTED ACCORDING TO THE PROGRAM
4 TRAINING REQUIREMENTS, PROGRAM PROTOCOLS, PROGRAM
5 MANAGEMENT INFORMATION SYSTEMS, AND PROGRAM EVALUATION
6 REQUIREMENTS ESTABLISHED BY RULE OF THE STATE BOARD. THE HEALTH
7 SCIENCES FACILITY SHALL EVALUATE THE OVERALL IMPLEMENTATION OF
8 THE PROGRAM AND INCLUDE SUCH EVALUATION, ALONG WITH ANY
9 RECOMMENDATIONS CONCERNING THE SELECTED ENTITIES OR CHANGES IN
10 THE PROGRAM TRAINING REQUIREMENTS, PROGRAM PROTOCOLS, PROGRAM
11 MANAGEMENT INFORMATION SYSTEMS, OR PROGRAM EVALUATION
12 REQUIREMENTS, IN THE ANNUAL REPORT SUBMITTED TO THE DEPARTMENT
13 PURSUANT TO SECTION 25-30-108.
14 (3) THE DEPARTMENT SHALL COMPENSATE THE HEALTH SCIENCES
15 FACILITY FOR THE COSTS INCURRED IN PERFORMING ITS DUTIES UNDER THIS
16 ARTICLE. SUCH COMPENSATION SHALL BE INCLUDED IN THE ACTUAL
17 COSTS INCURRED BY THE DEPARTMENT IN ADMINISTERING THE PROGRAM
18 AND PAID OUT OF THE AMOUNT ALLOCATED TO THE DEPARTMENT FOR
19 ADMINISTRATIVE COSTS PURSUANT TO SECTION 25-30-107 (2) (b).
20 25-30-106. Program applications - requirements. (1) ANY
21 ENTITY THAT SEEKS TO ADMINISTER THE PROGRAM IN A COMMUNITY
22 SHALL SUBMIT AN APPLICATION TO THE DEPARTMENT IN ACCORDANCE
23 WITH RULES ADOPTED BY THE STATE BOARD. AT A MINIMUM, THE
24 APPLICATION SHALL SPECIFY THE BASIC ELEMENTS AND PROCEDURES THAT
25 THE ENTITY SHALL USE IN ADMINISTERING THE PROGRAM. BASIC
26 PROGRAM ELEMENTS SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE
Page 18
1 FOLLOWING:
2 (a) THE SPECIFIC TRAINING TO BE RECEIVED BY EACH NURSE
3 EMPLOYED BY THE ENTITY TO PROVIDE HOME NURSING SERVICES THROUGH
4 THE PROGRAM, WHICH TRAINING SHALL MEET OR EXCEED THE VISITING
5 NURSE TRAINING REQUIREMENTS ESTABLISHED BY RULE OF THE STATE
6 BOARD;
7 (b) THE PROTOCOLS TO BE FOLLOWED BY THE ENTITY IN
8 ADMINISTERING THE PROGRAM, WHICH PROTOCOLS AT A MINIMUM SHALL
9 COMPLY WITH THE PROGRAM PROTOCOLS ESTABLISHED BY RULE OF THE
10 STATE BOARD;
11 (c) THE MANAGEMENT INFORMATION SYSTEM TO BE USED BY THE
12 ENTITY IN ADMINISTERING THE PROGRAM, WHICH AT A MINIMUM SHALL
13 COMPLY WITH THE MANAGEMENT INFORMATION SYSTEM REQUIREMENTS
14 ESTABLISHED BY RULE OF THE STATE BOARD;
15 (d) THE REPORTING AND EVALUATION SYSTEM TO BE USED BY THE
16 ENTITY IN MEASURING THE EFFECTIVENESS OF THE PROGRAM IN ASSISTING
17 FIRST-TIME, LOW-INCOME MOTHERS, WHICH AT A MINIMUM SHALL MEET
18 THE REPORTING AND EVALUATION REQUIREMENTS SPECIFIED BY RULE OF
19 THE STATE BOARD;
20 (e) AN ANNUAL REPORT TO BOTH THE HEALTH SCIENCES FACILITY
21 AND THE COMMUNITY IN WHICH THE ENTITY ADMINISTERS THE PROGRAM
22 THAT REPORTS ON THE EFFECTIVENESS OF THE PROGRAM WITHIN THE
23 COMMUNITY AND IS WRITTEN IN A MANNER THAT IS UNDERSTANDABLE FOR
24 BOTH THE HEALTH SCIENCES FACILITY AND MEMBERS OF THE COMMUNITY.
25 (2) ANY PROGRAM APPLICATION SUBMITTED PURSUANT TO THIS
26 SECTION SHALL DEMONSTRATE STRONG, BIPARTISAN PUBLIC SUPPORT FOR
Page 19
1 AND A LONG-TIME COMMITMENT TO OPERATION OF THE PROGRAM IN THE
2 COMMUNITY.
3 (3) THE DEPARTMENT SHALL INITIALLY REVIEW THE APPLICATIONS
4 RECEIVED PURSUANT TO THIS SECTION AND SUBMIT TO THE HEALTH
5 SCIENCES FACILITY FOR REVIEW THOSE APPLICATIONS THAT INCLUDE THE
6 BASIC PROGRAM ELEMENTS AS REQUIRED BY THE RULES ADOPTED BY THE
7 STATE BOARD. FOLLOWING ITS REVIEW, THE HEALTH SCIENCES FACILITY
8 SHALL SUBMIT TO THE STATE BOARD A LIST OF THE APPLYING ENTITIES
9 THAT THE HEALTH SCIENCES FACILITY RECOMMENDS TO ADMINISTER THE
10 PROGRAM IN COMMUNITIES THROUGHOUT THE STATE.
11 25-30-107. Nurse home visitor program - selection of entities
12 - grants. (1) ON RECEIPT OF THE LIST OF ENTITIES RECOMMENDED BY THE
13 HEALTH SCIENCES FACILITY, THE STATE BOARD SHALL SELECT THE
14 ENTITIES THAT WILL ADMINISTER THE PROGRAM IN COMMUNITIES
15 THROUGHOUT THE STATE. IN SELECTING ENTITIES, THE STATE BOARD
16 SHALL GIVE SPECIAL CONSIDERATION TO ENTITIES THAT ARE PROPOSING TO
17 ADMINISTER THE PROGRAM AS A COLLABORATIVE EFFORT AMONG
18 MULTIPLE ENTITIES.
19 (2) (a) THE ENTITIES SELECTED TO OPERATE THE PROGRAM SHALL
20 RECEIVE GRANTS IN AMOUNTS SPECIFIED BY THE STATE BOARD. THE
21 GRANTS MAY INCLUDE OPERATING COSTS AND ADDITIONAL AMOUNTS FOR
22 TRAINING AND DEVELOPMENT OF ANY INFRASTRUCTURE NECESSARY TO
23 ADMINISTER THE PROGRAM. THE NUMBER OF ENTITIES SELECTED AND THE
24 NUMBER OF COMMUNITIES IN WHICH THE PROGRAM SHALL BE
25 IMPLEMENTED SHALL BE DETERMINED BY MONEYS AVAILABLE IN THE
26 NURSE HOME VISITOR PROGRAM FUND CREATED IN PARAGRAPH (b) OF THIS
Page 20
1 SUBSECTION (2).
2 (b) GRANTS AWARDED PURSUANT TO PARAGRAPH (a) OF THIS
3 SUBSECTION (2) SHALL BE PAYABLE FROM THE NURSE HOME VISITOR
4 PROGRAM FUND, WHICH FUND IS HEREBY CREATED IN THE STATE
5 TREASURY. THE NURSE HOME VISITOR PROGRAM FUND, REFERRED TO IN
6 THIS SECTION AS THE "FUND", SHALL CONSIST OF MONEYS APPROPRIATED
7 THERETO BY THE GENERAL ASSEMBLY FROM MONEYS RECEIVED PURSUANT
8 TO THE MASTER SETTLEMENT {AGREEMENT IN THE AMOUNT DESCRIBED IN
9 PARAGRAPH (d) OF THIS SUBSECTION (2).} IN ADDITION, THE STATE
10 TREASURER MAY CREDIT TO THE FUND ANY PUBLIC OR PRIVATE GIFTS,
11 GRANTS, OR DONATIONS RECEIVED BY THE DEPARTMENT FOR
12 IMPLEMENTATION OF THE PROGRAM. THE FUND SHALL BE SUBJECT TO
13 ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY TO THE
14 DEPARTMENT FOR GRANTS TO ENTITIES FOR OPERATION OF THE PROGRAM.
15 IN ADDITION, THE DEPARTMENT MAY RETAIN UP TO FIVE PERCENT OF THE
16 AMOUNT ANNUALLY APPROPRIATED FROM THE FUND FOR THE ACTUAL
17 COSTS INCURRED BY THE DEPARTMENT IN IMPLEMENTING THE PROVISIONS
18 OF THIS ARTICLE. NOTWITHSTANDING THE PROVISIONS OF SECTION
19 24-36-114, C.R.S., ALL INTEREST DERIVED FROM THE DEPOSIT AND
20 INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND.
21 ANY AMOUNT REMAINING IN THE FUND AT THE END OF ANY FISCAL YEAR
22 [SHALL BE TRANSFERRED TO THE TOBACCO LITIGATION SETTLEMENT TRUST
23 FUND CREATED IN SECTION 24-22-115.5, C.R.S.]
24 (c) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT GENERAL
25 FUND MONEYS NOT BE APPROPRIATED FOR IMPLEMENTATION OF THE
26 PROGRAM.
Page 21
1 { (d) [(I)] FOR THE 2000-01 FISCAL YEAR, THE GENERAL ASSEMBLY
2 SHALL APPROPRIATE TO THE FUND TWO PERCENT OF THE TOTAL AMOUNT
3 OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER
4 SETTLEMENT AGREEMENT DURING THE PRECEDING FISCAL YEAR.
5 BEGINNING WITH THE 2001-02 FISCAL YEAR AND FOR EACH FISCAL YEAR
6 THEREAFTER UNTIL THE [2004-05] FISCAL YEAR, THE GENERAL ASSEMBLY
7 SHALL INCREASE THE AMOUNT APPROPRIATED TO THE FUND BY TWO
8 PERCENT PER FISCAL YEAR. FOR THE [2004-05] FISCAL YEAR AND FOR EACH
9 FISCAL YEAR THEREAFTER SO LONG AS THE STATE RECEIVES MONEYS
10 PURSUANT TO THE MASTER SETTLEMENT AGREEMENT, THE GENERAL
11 ASSEMBLY SHALL APPROPRIATE TO THE FUND [TEN] PERCENT OF THE TOTAL
12 AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER
13 SETTLEMENT AGREEMENT DURING THE PRECEDING FISCAL YEAR.} [THE
14 GENERAL ASSEMBLY SHALL APPROPRIATE THE AMOUNT SPECIFIED IN THIS
15 PARAGRAPH (d) FROM MONEYS CREDITED TO THE TOBACCO LITIGATION
16 SETTLEMENT CASH FUND CREATED IN SECTION 24-22-115, C.R.S.]
17 [(II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF
18 THIS PARAGRAPH (d), FOR THE FISCAL YEAR IN WHICH THE FIRST PAYMENT
19 OF MONEYS PURSUANT TO THE MASTER SETTLEMENT AGREEMENT IS
20 RECEIVED, THE PERCENTAGE APPROPRIATED TO THE FUND SHALL BE
21 CALCULATED ON THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE
22 PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THAT FISCAL
23 YEAR, MINUS THIRTY-THREE MILLION DOLLARS.]
24 25-30-108. Annual program review - biennial audit. (1) THE
25 HEALTH SCIENCES FACILITY SHALL ANNUALLY PREPARE AND SUBMIT TO
26 THE DEPARTMENT A REPORT INCLUDING AN EVALUATION OF THE
Page 22
1 IMPLEMENTATION OF THE PROGRAM, THE RESULTS ACHIEVED BY THE
2 PROGRAM BASED ON THE ANNUAL REPORTS SUBMITTED BY THE
3 ADMINISTERING ENTITIES PURSUANT TO SECTION 25-30-106 (1) (e), AND
4 ANY RECOMMENDATIONS CONCERNING CHANGES TO THE PROGRAM. THE
5 DEPARTMENT SHALL INCLUDE SAID REPORT IN THE ANNUAL REPORT ON
6 PROGRAMS THAT ARE FUNDED BY MONEYS RECEIVED PURSUANT TO THE
7 MASTER SETTLEMENT AGREEMENT PREPARED PURSUANT TO SECTION
8 25-1-108.5 (3). ANY ENTITY THAT IS ADMINISTERING THE PROGRAM MAY
9 BE SUBJECT TO A REDUCTION IN OR CESSATION OF FUNDING IF THE STATE
10 BOARD, BASED ON RECOMMENDATIONS FROM THE HEALTH SCIENCES
11 FACILITY, DETERMINES THAT THE ENTITY IS NOT OPERATING THE PROGRAM
12 IN ACCORDANCE WITH THE PROGRAM REQUIREMENTS ESTABLISHED BY
13 RULE OF THE STATE BOARD OR IS OPERATING THE PROGRAM IN SUCH A
14 MANNER THAT THE PROGRAM DOES NOT DEMONSTRATE POSITIVE RESULTS.
15 (2) THE STATE AUDITOR'S OFFICE, PURSUANT TO SECTION 2-3-113,
16 C.R.S., SHALL AUDIT EACH ENTITY ADMINISTERING THE PROGRAM TO
17 DETERMINE WHETHER THE ENTITY IS ADMINISTERING THE PROGRAM IN
18 COMPLIANCE WITH THE PROGRAM REQUIREMENTS AND IN AN EFFECTIVE
19 MANNER. THE AUDIT SHALL BE CONDUCTED AND REPORTED IN
20 ACCORDANCE WITH THE PROVISIONS OF SECTION 2-3-113, C.R.S.
21 SECTION 5. 26-19-102 (3) (b), Colorado Revised Statutes, is
22 amended, and the said 26-19-102 (3) is further amended BY THE
23 ADDITION OF A NEW PARAGRAPH, to read:
24 26-19-102. Legislative declaration. (3) (b) It is the intent of the
25 general assembly that the children's basic health plan created by this
26 article be primarily funded IN PART through savings and efficiencies
Page 23
1 realized through actual reductions in administrative and programmatic
2 costs associated with the implementation of this article achieved in other
3 health care programs and not decreases in the number of caseloads of
4 such programs.
5 (c) THE GENERAL ASSEMBLY RECOGNIZES THAT THE CHILDREN'S
6 BASIC HEALTH PLAN CREATED IN THIS ARTICLE MEETS THE FEDERAL
7 REQUIREMENTS FOR A STATE CHILDREN'S HEALTH INSURANCE PROGRAM
8 DESCRIBED IN SUBTITLE J, CHAPTER 1 OF PUBLIC LAW 105-33, AND THAT
9 UNDER SUCH FEDERAL LEGISLATION, THE STATE OF COLORADO IS ELIGIBLE
10 TO RECEIVE AN ENHANCED FEDERAL MATCHING RATE TO PROVIDE
11 ADDITIONAL HEALTH INSURANCE COVERAGE TO UNINSURED CHILDREN.
12 THE GENERAL ASSEMBLY THEREFORE DECLARES THAT IN ADDITION TO
13 FUNDING THE CHILDREN'S BASIC HEALTH PLAN THROUGH SAVINGS AND
14 EFFICIENCIES AS DESCRIBED IN PARAGRAPH (b) OF THIS SUBSECTION (3),
15 IT IS ALSO THE INTENT OF THE GENERAL ASSEMBLY TO FUND THE PLAN BY
16 USING MONEYS RECEIVED PURSUANT TO THE MASTER SETTLEMENT
17 AGREEMENT TO MAXIMIZE THE STATE'S OPPORTUNITIES TO RECEIVE
18 FEDERAL MATCHING FUNDS AT AN ENHANCED RATE.
19 SECTION 6. 26-19-103, Colorado Revised Statutes, is amended
20 BY THE ADDITION OF A NEW SUBSECTION to read:
21 26-19-103. Definitions. As used in this article, unless the context
22 otherwise requires:
23 (6.3) "MASTER SETTLEMENT AGREEMENT" MEANS THE MASTER
24 SETTLEMENT AGREEMENT, THE SMOKELESS TOBACCO MASTER
25 SETTLEMENT AGREEMENT, AND THE CONSENT DECREE APPROVED AND
26 ENTERED BY THE COURT IN THE CASE DENOMINATED STATE OF COLORADO,
Page 24
1 EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO
2 CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO
3 CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP
4 MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.;
5 THE COUNCIL FOR TOBACCO RESEARCH--U.S.A., INC.; AND TOBACCO
6 INSTITUTE, INC., CASE NO. 97 CV 3432, IN THE DISTRICT COURT FOR THE
7 CITY AND COUNTY OF DENVER.
8 SECTION 7. 26-19-105, Colorado Revised Statutes, is amended
9 BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to
10 read:
11 26-19-105. Trust - created. (2.5) [(a)] BEGINNING IN FISCAL YEAR
12 {2000-01, THE GENERAL ASSEMBLY SHALL APPROPRIATE TO THE TRUST
13 FROM THE MONEYS ANNUALLY RECEIVED BY THE STATE PURSUANT TO THE
14 MASTER SETTLEMENT AGREEMENT UP TO THIRTY PERCENT OF THE TOTAL
15 AMOUNT RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT
16 AGREEMENT DURING THE PRECEDING FISCAL YEAR AS NECESSARY TO
17 PROVIDE SERVICES TO ALL ENROLLEES AND TO PROVIDE THE AMOUNT
18 NECESSARY FOR APPROPRIATION PURSUANT TO SUBSECTION (6) OF THIS
19 SECTION.
20 }[(b) THE GENERAL ASSEMBLY SHALL APPROPRIATE THE AMOUNT
21 SPECIFIED IN THIS SUBSECTION (2.5) FROM MONEYS CREDITED TO THE
22 TOBACCO LITIGATION SETTLEMENT CASH FUND CREATED IN SECTION
23 24-22-115, C.R.S. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH
24 (a) OF THIS SUBSECTION (2.5), FOR THE FISCAL YEAR IN WHICH THE FIRST
25 PAYMENT OF MONEYS PURSUANT TO THE MASTER SETTLEMENT
26 AGREEMENT IS RECEIVED, THE PERCENTAGE APPROPRIATED TO THE FUND
Page 25
1 SHALL BE CALCULATED ON THE TOTAL AMOUNT OF MONEYS RECEIVED BY
2 THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING
3 THAT FISCAL YEAR, MINUS THIRTY-THREE MILLION DOLLARS.]{
4 (6) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF
5 THIS SECTION, BEGINNING IN FISCAL YEAR 2000-01, THE GENERAL
6 ASSEMBLY SHALL ANNUALLY APPROPRIATE TO THE DEPARTMENT OF
7 HEALTH CARE POLICY AND FINANCING FROM THE MONEYS RECEIVED BY
8 THE TRUST PURSUANT TO SUBSECTION (2.5) OF THIS SECTION AN AMOUNT
9 EQUAL TO} [AT LEAST TEN PERCENT OF SAID MONEYS AND ANY ADDITIONAL
10 AMOUNT NOT NECESSARY FOR PROVIDING SERVICES TO ENROLLEES. THE
11 DEPARTMENT OF HEALTH CARE POLICY AND FINANCING SHALL ALLOCATE
12 SAID MONEYS TO OFFSET] {THE COST OF PROVIDING MEDICAID SERVICES TO
13 CHILDREN IDENTIFIED AS BEING ELIGIBLE FOR MEDICAID SERVICES AS A
14 RESULT OF THE EXPANSION OF THE CHILDREN'S BASIC HEALTH PLAN THAT
15 OCCURS AS A RESULT OF THE RECEIPT OF MONEYS FROM THE MASTER
16 SETTLEMENT AGREEMENT.} { }
17 { SECTION 8. 26-19-107 (1) (a), Colorado Revised Statutes, is
18 amended to read:
19 26-19-107. Duties of the department - schedule of services -
20 premiums - copayments - subsidies. (1) In addition to any other duties
21 pursuant to this article, the department shall have the following duties:
22 (a) (I) To design, on or after April 21, 1998, and from time to
23 time revise, a schedule of health care services included in the plan and to
24 propose said schedule to the policy board for approval or modification.
25 The schedule of health care services as proposed by the department and
26 approved by the policy board shall include, but shall not be limited to,
Page 26
1 preventive care, physician services, inpatient and outpatient hospital
2 services, prescription drugs and medications, and other services that may
3 be medically necessary for the health of enrollees. The department shall
4 design and revise this schedule of health care services included in the
5 plan to be similar to the basic and standard health benefit plans defined
6 in section 10-16-102 (4) and (42), C.R.S.
7 (II) IN ADDITION TO THE ITEMS SPECIFIED IN SUBPARAGRAPH (I) OF
8 THIS PARAGRAPH (a) AND ANY ADDITIONAL ITEMS APPROVED BY THE
9 POLICY BOARD, ON AND AFTER JULY 1, 2001, THE SCHEDULE OF HEALTH
10 CARE SERVICES SHALL INCLUDE DENTAL SERVICES.}
11 { SECTION 9. 26-4-508 (3) (a) (I), (3) (a) (II) (A), and (3) (c) (I),
12 Colorado Revised} Statutes, {are} amended to read:
13 26-4-508. Baby and kid care program - creation - eligibility.
14 (3) (a) On and after April 1, 1990, children under the age of six years
15 and pregnant women shall be eligible for benefits under the baby and kid
16 care program; except that, for the purpose of eligibility under this
17 subsection (3) only:
18 { (I) Such individual's family income shall exceed the eligibility
19 threshold used in determining eligibility for aid to families with
20 dependent children assistance pursuant to rules in effect on July 16, 1996,
21 but shall not exceed the equivalent of the percentage level of the federal
22 poverty line that is specified pursuant to paragraph (b) of this subsection
23 (3) AND SUCH INDIVIDUAL'S RESOURCES SHALL NOT EXCEED THE
24 RESOURCE ELIGIBILITY STANDARDS APPLICABLE TO THE COLORADO
25 WORKS PROGRAM UNDER SECTION 26-2-706 (2);}
26 (II) (A) Except as otherwise provided in sub-subparagraph (B) of
Page 27
1 this subparagraph (II), children under six years of age shall meet the
2 income and resource standard used to determine eligibility for aid to
3 families with dependent children assistance THAT WAS IN EFFECT ON JULY
4 16, 1996, AND THE RESOURCE ELIGIBILITY STANDARDS APPLICABLE TO THE
5 COLORADO WORKS PROGRAM UNDER SECTION 26-2-706 (2), except as
6 provided in this subsection (3).
7 { (c) (I) On and after July 1, 1991, children born after September
8 30, 1983, who have attained age six but have not attained age nineteen
9 shall be eligible for benefits under the baby and kid care program; except
10 that, for the purpose of eligibility under this paragraph (c) only, such
11 individual's family income shall exceed the eligibility threshold used in
12 determining eligibility for aid to families with dependent children
13 assistance pursuant to rules in effect on July 16, 1996, but shall not
14 exceed the equivalent of the percentage level of the federal poverty line
15 that is specified pursuant to subparagraph (II) of this paragraph (c) AND
16 SUCH INDIVIDUAL'S RESOURCES SHALL NOT EXCEED THE RESOURCE
17 ELIGIBILITY STANDARDS APPLICABLE TO THE COLORADO WORKS PROGRAM
18 UNDER SECTION 26-2-706 (2).}
19 SECTION {10.} 26-4-201 (1) {(f) and (1) (o)} Colorado Revised
20 Statutes, {are} amended to read:
21 26-4-201. Mandatory provisions - eligible groups. (1) In order
22 to participate in the medicaid program, the federal government requires
23 the state to provide medical assistance to certain eligible groups.
24 Pursuant to federal law and except as provided in subsection (2) of this
25 section, any person who is eligible for medical assistance under the
26 mandated groups specified in this section shall receive both the
Page 28
1 mandatory services that are specified in sections 26-4-202 and 26-4-203
2 and the optional services that are specified in sections 26-4-302 and
3 26-4-303. Subject to the availability of federal financial aid funds, the
4 following are the individuals or groups that are mandated under federal
5 law to receive benefits under this article:
6 (f) Qualified pregnant women, and children under the age of
7 seven, who meet the income resource requirements of the state's aid to
8 families with dependent children program pursuant to rules that were in
9 effect on July 16, 1996, AND THE RESOURCE STANDARDS USED TO
10 DETERMINE ELIGIBILITY FOR THE COLORADO WORKS PROGRAM AS
11 SPECIFIED IN SECTION 26-2-706 (2);
12 { (o) Low-income pregnant women, and children through the age
13 of six, whose income is at or below a certain percentage of the federal
14 poverty level as determined by the federal government AND WHOSE
15 RESOURCES DO NOT EXCEED THE RESOURCE STANDARDS USED TO
16 DETERMINE ELIGIBILITY FOR THE COLORADO WORKS PROGRAM AS
17 SPECIFIED IN SECTION 26-2-706 (2).}
18 { } { } { }
19 [ ] [ ] [ ]
20 SECTION [{11.]} Article 20 of title 23, Colorado Revised Statutes,
21 is amended BY THE ADDITION OF A NEW PART to read:
22 PART 2
23 TOBACCO-RELATED AND
24 TOBACCO-FOCUSED RESEARCH
25 23-20-201. Legislative declaration. (1) THE GENERAL
26 ASSEMBLY HEREBY FINDS THAT:
Page 29
1 (a) WITH THE EXCEPTION OF RESEARCH CONDUCTED AT THE
2 UNIVERSITY OF COLORADO HEALTH SCIENCES CENTER, THERE IS NO STATE
3 FUNDING FOR RESEARCH OF TOBACCO-RELATED DISEASES. ALTHOUGH
4 SOME TOBACCO-RELATED RESEARCH IS FUNDED THROUGH FEDERAL FUNDS
5 AND PRIVATE GRANTS, TAKEN TOGETHER, THE EXISTING LEVEL OF STATE,
6 FEDERAL, AND PRIVATELY FUNDED TOBACCO-RELATED RESEARCH IS
7 INSUFFICIENT TO UNDERSTAND AND PREVENT TOBACCO-RELATED
8 DISEASES.
9 (b) CREATION OF A DEDICATED RESEARCH FUND FOR
10 TOBACCO-RELATED AND TOBACCO-FOCUSED RESEARCH WOULD RESULT IN
11 AN INVESTMENT IN RESEARCH THAT WILL POTENTIALLY SAVE THE STATE
12 OF COLORADO MILLIONS OF DOLLARS IN COSTS IN PROVIDING FOR THE
13 HEALTH AND WELFARE OF THE STATE'S CITIZENS;
14 (c) IN CREATING A RESEARCH FUND FOR TOBACCO-RELATED AND
15 TOBACCO-FOCUSED RESEARCH, IT IS PARAMOUNT TO ENSURE THAT
16 EXPENDITURES FROM THE FUND RETURN THE MAXIMUM BENEFIT TO THE
17 STATE OF COLORADO IN THE FORM OF INFORMATION ADDRESSING DISEASE,
18 ILLNESS, MENTAL HEALTH, EDUCATION, EVALUATION, CESSATION, AND
19 PREVENTION IN RELATION TO TOBACCO PRODUCTS.
20 23-20-202. Definitions. AS USED IN THIS PART 2, UNLESS THE
21 CONTEXT OTHERWISE REQUIRES:
22 (1) "ADVISORY COMMITTEE" MEANS THE SCIENTIFIC ADVISORY
23 COMMITTEE APPOINTED BY THE PRESIDENT OF THE UNIVERSITY OF
24 COLORADO PURSUANT TO SECTION 23-20-204.
25 (2) "BASIC SCIENCE RESEARCH" MEANS RESEARCH ADDRESSING
26 THE BIOLOGICAL, PHYSIOLOGICAL, CHEMICALOGICAL, AND
Page 30
1 PSYCHOLOGICAL INTERACTIONS BETWEEN HUMAN BODY STRUCTURES AND
2 TOBACCO IN ALL FORMS.
3 (3) "CLINICAL RESEARCH" MEANS RESEARCH CONDUCTED TO
4 DEVELOP EFFECTIVE PHARMACOLOGICAL AIDS AND OTHER TREATMENTS
5 TO ASSIST PERSONS WHO USE TOBACCO IN ANY FORM TO CEASE SUCH USE.
6 (4) "EVALUATIVE RESEARCH" MEANS RESEARCH INTO DESIGNING,
7 IMPLEMENTING, AND EVALUATING EFFECTIVE TOBACCO CESSATION AND
8 PREVENTION PROGRAMS THAT WILL REACH THOSE SEGMENTS OF THE
9 COMMUNITY THAT ARE MOST AT RISK OF USING TOBACCO.
10 (5) "FUND" MEANS THE UNIVERSITY OF COLORADO
11 TOBACCO-RELATED RESEARCH FUND CREATED IN SECTION 23-20-207.
12 (6) "INDIRECT COSTS" MEANS INDIRECT COSTS AS DEFINED BY
13 FEDERAL COST ACCOUNTING GUIDELINES FOR FEDERALLY SPONSORED
14 RESEARCH, INCLUDING BUT NOT LIMITED TO USE ALLOWANCE FOR
15 RESEARCH FACILITIES, HEATING, LIGHTING, LIBRARY SERVICES, HEALTH
16 AND SAFETY SERVICES, PROJECT ADMINISTRATION, AND BUILDING
17 MAINTENANCE.
18 { (7) "MASTER SETTLEMENT AGREEMENT" MEANS THE MASTER
19 SETTLEMENT AGREEMENT, THE SMOKELESS TOBACCO MASTER
20 SETTLEMENT AGREEMENT, AND THE CONSENT DECREE APPROVED AND
21 ENTERED BY THE COURT IN THE CASE DENOMINATED STATE OF COLORADO,
22 EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO
23 CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO
24 CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP
25 MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.;
26 THE COUNCIL FOR TOBACCO RESEARCH--U.S.A., INC.; AND TOBACCO
Page 31
1 INSTITUTE, INC., CASE NO. 97 CV 3432, IN THE DISTRICT COURT FOR THE
2 CITY AND COUNTY OF DENVER.}
3 {(8)} "MENTAL HEALTH RESEARCH" MEANS RESEARCH INTO THE
4 BEHAVIORAL AND PHYSIOLOGICAL EFFECTS OF AND BASIC BEHAVIORAL
5 CAUSES AND RISK FACTORS FOR TOBACCO ADDICTION, AND RESEARCH
6 INTO THE EFFECTIVENESS OF MENTAL HEALTH TREATMENT FOR
7 TOBACCO-RELATED DISEASES.
8 {(9)} "OFFICE OF THE PRESIDENT" MEANS THE OFFICE OF THE
9 PRESIDENT OF THE UNIVERSITY OF COLORADO.
10 {(10)} "PRESIDENT" MEANS THE PRESIDENT OF THE UNIVERSITY OF
11 COLORADO.
12 {(11)} "RESEARCH PROGRAM" MEANS THE TOBACCO-RELATED
13 RESEARCH GRANT PROGRAM CREATED PURSUANT TO THIS PART 2.
14 {(12)} "UNIVERSITY" MEANS THE UNIVERSITY OF COLORADO.
15 23-20-203. Tobacco-related research grant program - creation
16 - eligibility - duties of office of the president. (1) THERE IS HEREBY
17 CREATED A COMPREHENSIVE GRANT PROGRAM TO BE IMPLEMENTED AND
18 OPERATED BY THE OFFICE OF THE PRESIDENT TO SUPPORT MENTAL HEALTH
19 RESEARCH AND BASIC SCIENCE, CLINICAL, AND EVALUATIVE RESEARCH
20 INTO TOBACCO-RELATED DISEASE, ILLNESS, EDUCATION, EVALUATION,
21 CESSATION, AND PREVENTION. THE OFFICE OF THE PRESIDENT SHALL
22 ADMINISTER THE PROGRAM IN ACCORDANCE WITH THE FOLLOWING
23 PRINCIPLES:
24 (a) THAT ALL RESEARCH FUNDS SHALL BE AWARDED ON THE BASIS
25 OF SCIENTIFIC MERIT AS DETERMINED BY AN OPEN, COMPETITIVE PEER
26 REVIEW PROCESS THAT ASSURES OBJECTIVITY, CONSISTENCY, AND HIGH
Page 32
1 QUALITY;
2 (b) THAT ALL QUALIFIED PERSONS CONDUCTING RESEARCH WITHIN
3 THE STATE, REGARDLESS OF INSTITUTIONAL AFFILIATION, SHALL HAVE
4 EQUAL ACCESS AND OPPORTUNITY TO COMPETE FOR FUNDS THROUGH THE
5 RESEARCH PROGRAM;
6 (c) THAT THE PEER REVIEW PROCESS ESTABLISHED PURSUANT TO
7 SECTION 23-20-205 FOR THE SELECTION OF GRANTEES SHALL BE MODELED
8 ON THAT USED BY THE NATIONAL INSTITUTES OF HEALTH IN ITS
9 GRANT-MAKING PROCESS;
10 (d) THAT GRANTEES SHALL BE REIMBURSED FOR THE DIRECT AND
11 INDIRECT COSTS OF CONDUCTING THE SPONSORED RESEARCH CONSISTENT
12 WITH FEDERAL GUIDELINES GOVERNING ALL FEDERAL RESEARCH GRANTS
13 AND CONTRACTS.
14 (2) THE OFFICE OF THE PRESIDENT MAY AWARD GRANTS UNDER
15 THE RESEARCH PROGRAM TO ANY PUBLIC, PRIVATE, OR NONPROFIT
16 AGENCY, INCLUDING BUT NOT LIMITED TO ANY COLLEGE, UNIVERSITY,
17 HOSPITAL, LABORATORY, RESEARCH INSTITUTION, LOCAL HEALTH
18 DEPARTMENT, VOLUNTARY HEALTH AGENCY, HEALTH MAINTENANCE
19 ORGANIZATION, OR INDIVIDUAL WHO IS CONDUCTING RESEARCH WITHIN
20 THE STATE. ANY [AGENCY] SEEKING A GRANT UNDER THE RESEARCH
21 PROGRAM SHALL APPLY TO THE OFFICE OF THE PRESIDENT.
22 (3) THE OFFICE OF THE PRESIDENT SHALL ESTABLISH A PROGRAM
23 OFFICE, INCLUDING A PROGRAM DIRECTOR AND OTHER NECESSARY STAFF
24 TO ADMINISTER THE RESEARCH PROGRAM.
25 (4) THE OFFICE OF THE PRESIDENT SHALL HAVE THE FOLLOWING
26 DUTIES IN IMPLEMENTING THE PROGRAM:
Page 33
1 (a) TO PROVIDE OVERALL DIRECTION AND COORDINATION OF THE
2 PROGRAM;
3 (b) TO PROVIDE STAFF ASSISTANCE TO THE SCIENTIFIC ADVISORY
4 COMMITTEE AND THE PEER REVIEW PANELS;
5 (c) TO PROVIDE FOR PERIODIC PROGRAM EVALUATION TO ASSURE
6 THAT THE RESEARCH THAT RECEIVES FUNDING THROUGH THE PROGRAM IS
7 CONSISTENT WITH PROGRAM GOALS AND SERVES THE PEOPLE OF THE STATE
8 OF COLORADO;
9 (d) TO MAINTAIN A SYSTEM OF FINANCIAL REPORTING AND
10 ACCOUNTABILITY;
11 (e) TO PROVIDE FOR THE SYSTEMATIC DISSEMINATION OF
12 RESEARCH RESULTS TO THE PUBLIC AND TO THE HEALTH CARE
13 COMMUNITY;
14 (f) TO PROVIDE A MECHANISM TO DISSEMINATE THE MOST
15 CURRENT RESEARCH FINDINGS IN THE AREAS OF TOBACCO CESSATION AND
16 THE PREVENTION OF TOBACCO USE IN ORDER THAT THESE FINDINGS MAY
17 BE APPLIED TO THE IMPLEMENTATION OF RELATED PROGRAMS IN
18 COLORADO;
19 (g) TO DEVELOP POLICIES AND PROCEDURES TO FACILITATE THE
20 TRANSLATION OF RESEARCH RESULTS IN COMMERCIAL APPLICATIONS
21 WHEREVER APPROPRIATE.
22 23-20-204. Scientific advisory committee - appointment -
23 duties. (1) THE OFFICE OF THE PRESIDENT SHALL ESTABLISH A SCIENTIFIC
24 ADVISORY COMMITTEE TO ADVISE THE PRESIDENT AS TO THE DIRECTION,
25 SCOPE, AND PROGRESS OF THE RESEARCH PROGRAM. THE ADVISORY
26 COMMITTEE SHALL CONSIST OF {NINE} MEMBERS REPRESENTING A RANGE OF
Page 34
1 SCIENTIFIC EXPERTISE AND EXPERIENCE. THE PRESIDENT SHALL APPOINT
2 THE MEMBERS OF THE ADVISORY COMMITTEE AS FOLLOWS:
3 (a) {TWO} MEMBERS WHO REPRESENT VOLUNTARY HEALTH
4 ORGANIZATIONS DEDICATED TO THE REDUCTION OF TOBACCO USE;
5 (b) ONE MEMBER WITH EXPERTISE IN THE FIELD OF BIOMEDICAL
6 RESEARCH;
7 (c) ONE MEMBER WITH EXPERTISE IN THE FIELD OF BEHAVIORAL OR
8 SOCIAL RESEARCH;
9 (d) ONE MEMBER WHO REPRESENTS MEDICAL OR HEALTH
10 ORGANIZATIONS;
11 (e) ONE MEMBER WHO REPRESENTS A RESEARCH UNIVERSITY IN
12 COLORADO;
13 (f) {TWO MEMBERS WHO REPRESENT} OTHER INSTITUTIONS ENGAGED
14 IN RESEARCH DIRECTED AT TOBACCO-RELATED {DISEASES;}
15 { (g) ONE MEMBER WHO REPRESENTS AN INSTITUTION THAT
16 CONDUCTS RESEARCH ON TOBACCO-RELATED ISSUES AFFECTING CHILDREN
17 AND YOUTH.}
18 (2) THE PRESIDENT SHALL SELECT AS ADVISORY COMMITTEE
19 MEMBERS PERSONS WHO ARE BONA FIDE {SCIENTISTS} FULLY CONVERSANT
20 WITH THE NORMS OF SCIENTIFIC {INQUIRY, AND WORKING IN THIS STATE
21 WITH A COLORADO-BASED ENTITY.} ADVISORY COMMITTEE MEMBERS
22 SHALL SERVE AT THE PLEASURE OF THE PRESIDENT. ADVISORY
23 COMMITTEE MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL
24 RECEIVE REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES
25 ACTUALLY INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
26 (3) THE ADVISORY COMMITTEE SHALL HAVE THE FOLLOWING
Page 35
1 DUTIES:
2 (a) TO ADVISE THE PRESIDENT AND THE PROGRAM DIRECTOR ON
3 PROGRAM PRIORITIES AND EMPHASIS;
4 (b) TO ADVISE THE PRESIDENT AND THE PROGRAM DIRECTOR ON
5 OVERALL PROGRAM BUDGET;
6 (c) TO PARTICIPATE IN PERIODIC PROGRAM EVALUATION;
7 (d) TO ASSIST IN DEVELOPING APPROPRIATE LINKAGES TO
8 NONACADEMIC ENTITIES SUCH AS VOLUNTARY HEALTH ORGANIZATIONS,
9 HEALTH CARE DELIVERY INSTITUTIONS, INDUSTRY, GOVERNMENT
10 AGENCIES, AND PUBLIC OFFICIALS;
11 (e) TO DEVELOP CRITERIA AND STANDARDS FOR GRANT AWARDS;
12 (f) TO DEVELOP ADMINISTRATIVE PROCEDURES RELATIVE TO THE
13 SOLICITATION, REVIEW, AND AWARD OF GRANTS TO ENSURE AN IMPARTIAL,
14 HIGH QUALITY PEER REVIEW SYSTEM;
15 (g) TO DEVELOP AND SUPERVISE RESEARCH REVIEW PANELS;
16 (h) TO REVIEW RESEARCH REVIEW PANEL REPORTS AND
17 RECOMMENDATIONS FOR GRANT AWARDS;
18 (i) TO DEVELOP AND OVERSEE MECHANISMS FOR THE
19 DISSEMINATION OF RESEARCH RESULTS;
20 (j) TO PERFORM SUCH OTHER DUTIES AS MAY BE ASSIGNED BY THE
21 PRESIDENT OR THE PROGRAM DIRECTOR.
22 23-20-205. Peer review panels. (1) THE OFFICE OF THE
23 PRESIDENT SHALL USE PEER REVIEW PANELS MODELED ON THE NATIONAL
24 INSTITUTES OF HEALTH PEER REVIEW PROCESS TO REVIEW ALL GRANT
25 APPLICATIONS AND RESEARCH GRANTS. THE PROGRAM DIRECTOR, WITH
26 INPUT FROM THE ADVISORY COMMITTEE, SHALL APPOINT THE MEMBERS OF
Page 36
1 PEER REVIEW PANELS. MEMBERSHIP OF PEER REVIEW PANELS SHALL VARY
2 DEPENDING ON THE SUBJECT MATTER OF PROPOSALS AND REVIEW
3 REQUIREMENTS. IN SELECTING MEMBERS OF THE PANELS, IN ORDER TO
4 AVOID CONFLICTS OF INTEREST AND TO ENSURE ACCESS TO QUALIFIED
5 REVIEWERS, THE PROGRAM DIRECTOR AND THE ADVISORY COMMITTEE
6 SHALL DRAW ON THE MOST QUALIFIED INDIVIDUALS FROM APPROPRIATE
7 INSTITUTIONS WITHIN AND OUTSIDE OF COLORADO AND FROM WITHIN AND
8 OUTSIDE THE UNIVERSITY OF COLORADO SYSTEM.
9 (2) THE WORK OF THE PEER REVIEW PANELS SHALL BE
10 ADMINISTERED PURSUANT TO POLICIES AND PROCEDURES ESTABLISHED BY
11 THE ADVISORY COMMITTEE. WHEN SERVING ON A PEER REVIEW PANEL,
12 ANY INDIVIDUAL WHO HAS SUBMITTED A GRANT APPLICATION FOR
13 FUNDING BY THE PROGRAM SHALL BE GOVERNED BY CONFLICT OF
14 INTEREST PROVISIONS CONSISTENT WITH THOSE ADOPTED BY THE
15 NATIONAL INSTITUTES OF HEALTH.
16 23-20-206. Research projects. (1) THE OFFICE OF THE
17 PRESIDENT SHALL AWARD GRANTS TO FUND [MENTAL HEALTH RESEARCH,]
18 BASIC SCIENCE RESEARCH, CLINICAL RESEARCH, AND EVALUATIVE
19 RESEARCH.
20 (2) (a) BASIC SCIENCE RESEARCH FUNDED THROUGH THE PROGRAM
21 MAY INCLUDE, BUT IS NOT LIMITED TO:
22 (I) RESEARCH CONDUCTED TO FIND CURES FOR TOBACCO-RELATED
23 DISEASE AND ILLNESSES AND THE EFFECTS OF SECOND-HAND SMOKE;
24 { (II) RESEARCH CONDUCTED TO IMPROVE THE EARLY DETECTION
25 AND TREATMENT OF TOBACCO-RELATED DISEASE;}
26 {(III)} RESEARCH CONDUCTED TO UNDERSTAND AND DEFEAT THE
Page 37
1 BIOLOGICAL MECHANISMS OF TOBACCO ADDICTION.
2 (b) CLINICAL RESEARCH FUNDED THROUGH THE PROGRAM MAY
3 INCLUDE, BUT IS NOT LIMITED TO:
4 (I) RESEARCH CONDUCTED INTO THE EFFECTIVENESS OF USING
5 PHARMACOLOGICAL CESSATION AIDS, SUCH AS NICOTINE PATCHES AND
6 ORAL DRUGS, IN THE TREATMENT OF TOBACCO ADDICTION, PARTICULARLY
7 WITH ADOLESCENTS, PREGNANT WOMEN, AND DRUG ABUSERS;
8 (II) RESEARCH CONDUCTED TO IDENTIFY AND IMPROVE EFFECTIVE
9 STRATEGIES FOR TOBACCO ADDICTION TREATMENTS.
10 (c) EVALUATIVE RESEARCH FUNDED THROUGH THE PROGRAM MAY
11 INCLUDE, BUT IS NOT LIMITED TO:
12 (I) RESEARCH CONDUCTED INTO THE DEVELOPMENT OF MORE
13 EFFECTIVE SCHOOL-BASED PREVENTION AND CESSATION PROGRAMS WITH
14 THE GOAL OF DEVELOPING EFFECTIVE, INNOVATIVE CURRICULA THAT CAN
15 BE INTEGRATED INTO SCHOOL PROGRAMS;
16 (II) RESEARCH CONDUCTED TO DEVELOP AND IMPROVE EFFECTIVE
17 HEALTH CARE PROVIDER-BASED TOBACCO USE, CESSATION, AND
18 COUNSELING PROGRAMS IN BOTH IN-PATIENT AND OUT-PATIENT
19 TREATMENT SETTINGS. THIS INCLUDES DEVELOPING MEDICALLY AND
20 CULTURALLY APPROPRIATE PROGRAMS TO REDUCE TOBACCO USE IN
21 HIGHER RISK PATIENT GROUPS, AS WELL AS COUNSELING {AND OTHER}
22 STRATEGIES TO REDUCE THE EXPOSURE, PARTICULARLY OF CHILDREN, TO
23 SECOND-HAND SMOKE.
24 (III) RESEARCH CONDUCTED TO IDENTIFY AND IMPROVE EFFECTIVE
25 STRATEGIES FOR PREVENTION PROGRAMS AND CAMPAIGNS FOR DELIVERY
26 BY HEALTH CARE PROVIDERS;
Page 38
1 (IV) RESEARCH CONDUCTED INTO THE DEVELOPMENT OF MORE
2 EFFECTIVE AND CULTURALLY APPROPRIATE, COMMUNITY-BASED
3 PREVENTION AND CESSATION PROGRAMS, PARTICULARLY WITHIN SPECIFIC
4 POPULATION GROUPS SUCH AS ADOLESCENTS AND PREGNANT WOMEN, AND
5 WITHIN SPECIFIC ETHNIC COMMUNITIES.
6 (3) {TOBACCO-RELATED RESEARCH} PROJECTS THAT MAY RECEIVE
7 FUNDING UNDER THE PROGRAM INCLUDE, BUT ARE NOT LIMITED TO:
8 (a) INDIVIDUAL RESEARCHER-GENERATED GRANTS. THIS TYPE OF
9 GRANT MAY BE AWARDED TO AN INSTITUTION ON BEHALF OF A PRINCIPAL
10 RESEARCHER FOR A DISCRETE PROJECT RELATED TO THE RESEARCHER'S
11 INTERESTS AND COMPETENCE.
12 (b) NEW RESEARCHER GRANTS. THIS TYPE OF GRANT MAY BE
13 AWARDED TO AN INSTITUTION TO SUPPORT THE WORK OF PROMISING
14 INDIVIDUALS IN THE INITIAL STAGES OF THEIR RESEARCH CAREERS.
15 (c) CENTER GRANTS. THIS TYPE OF GRANT MAY BE AWARDED TO
16 AN INSTITUTION ON BEHALF OF A PRINCIPAL RESEARCHER AND A GROUP OF
17 COLLABORATING RESEARCHERS PROVIDING SUPPORT FOR LONG-TERM
18 MULTI-DISCIPLINARY PROGRAMS OF RESEARCH AND DEVELOPMENT.
19 { & nbsp; } { }23-20-207. Funding of research grants - tobacco-related research
20 fund - creation - administrative costs. (1) (a) [(I)] THERE IS HEREBY
21 CREATED IN THE {OFFICE OF THE TREASURER OF THE UNIVERSITY} THE
22 UNIVERSITY OF COLORADO TOBACCO-RELATED RESEARCH FUND WHICH
23 SHALL BE UNDER THE CONTROL AND ADMINISTRATION OF THE BOARD OF
24 REGENTS OF THE UNIVERSITY OF COLORADO IN ACCORDANCE WITH THE
25 PROVISIONS OF THIS {ARTICLE. BEGINNING WITH THE 2000-01 FISCAL YEAR
Page 39
1 AND FOR EACH FISCAL YEAR THEREAFTER IN WHICH THE STATE RECEIVES
2 MONEYS PURSUANT TO THE MASTER SETTLEMENT AGREEMENT, THE
3 GENERAL ASSEMBLY SHALL APPROPRIATE TO THE FUND EIGHT PERCENT OF
4 THE TOTAL AMOUNT RECEIVED BY THE STATE PURSUANT TO THE MASTER
5 SETTLEMENT AGREEMENT DURING THE PRECEDING FISCAL YEAR.} { } IN
6 ADDITION, THE FUND SHALL INCLUDE ALL INTEREST DERIVED FROM THE
7 DEPOSIT AND INVESTMENT OF THE MONEYS IN THE FUND AND MAY
8 INCLUDE MONEYS CREDITED THERETO FROM ANY PUBLIC OR PRIVATE
9 GIFTS, GRANTS, OR DONATIONS RECEIVED BY THE UNIVERSITY FOR THE
10 IMPLEMENTATION OF THIS PART 2. IT IS THE INTENT OF THE GENERAL
11 ASSEMBLY THAT STATE GENERAL FUND MONEYS NOT BE APPROPRIATED TO
12 PROVIDE ANY FUNDING FOR THE PURPOSES OF THIS PART 2. THE MONEYS
13 IN THE FUND SHALL REMAIN UNDER THE CONTROL OF THE REGENTS OF THE
14 UNIVERSITY OF [COLORADO. ANY MONEYS REMAINING IN THE FUND AT THE
15 END OF ANY FISCAL YEAR SHALL BE TRANSFERRED TO THE TOBACCO
16 LITIGATION SETTLEMENT TRUST FUND CREATED IN SECTION 24-22-115.5,
17 C.R.S.
18 (II) THE GENERAL ASSEMBLY SHALL APPROPRIATE THE AMOUNT
19 SPECIFIED IN THIS PARAGRAPH (a) FROM MONEYS CREDITED TO THE
20 TOBACCO LITIGATION SETTLEMENT CASH FUND CREATED IN SECTION
21 24-22-115, C.R.S. NOTWITHSTANDING THE PROVISIONS OF
22 SUBPARAGRAPH (I) OF THIS PARAGRAPH (a), FOR THE FISCAL YEAR IN
23 WHICH THE FIRST PAYMENT OF MONEYS PURSUANT TO THE MASTER
24 SETTLEMENT AGREEMENT IS RECEIVED, THE PERCENTAGE APPROPRIATED
25 TO THE FUND SHALL BE CALCULATED ON THE TOTAL AMOUNT OF MONEYS
26 RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT
Page 40
1 AGREEMENT DURING THAT FISCAL YEAR, MINUS THIRTY-THREE MILLION
2 DOLLARS.]
3 (b) THE MONEYS IN THE FUND SHALL BE USED BY THE BOARD OF
4 REGENTS OF THE UNIVERSITY OF COLORADO FOR THE ISSUANCE OF
5 RESEARCH GRANTS PURSUANT TO THE PROVISIONS OF THIS PART 2. IN
6 ADDITION, THE OFFICE OF THE PRESIDENT MAY USE UP TO FIVE PERCENT OF
7 THE MONEYS ANNUALLY APPROPRIATED FROM THE FUND TO OFFSET THE
8 ADMINISTRATIVE COSTS INCURRED BY THE OFFICE OF THE PRESIDENT IN
9 ADMINISTERING THE PROGRAM.
10 { }
11 (2) RESEARCH PROJECTS THAT RECEIVE FUNDING UNDER THE
12 PROGRAM SHALL BE REIMBURSED FOR ACTUAL COSTS, INCLUDING DIRECT
13 AND INDIRECT COSTS INCURRED BY A RESEARCH INSTITUTION, CONSISTENT
14 WITH FEDERAL GUIDELINES. INDIRECT COST RATES SHALL NOT EXCEED
15 THOSE ALLOWABLE BY THE FEDERAL GOVERNMENT FOR FEDERALLY
16 SPONSORED RESEARCH. WITH RESPECT TO THOSE INSTITUTIONS THAT
17 HAVE NOT NEGOTIATED A FEDERAL INDIRECT COST REIMBURSEMENT RATE,
18 THE OFFICE OF THE PRESIDENT SHALL REQUEST INFORMATION TO VERIFY
19 THE INDIRECT COST RATES.
20 23-20-208. Annual report. (1) ON OR BEFORE DECEMBER 1,
21 [2000,] AND ON OR BEFORE EACH DECEMBER 1 THEREAFTER, THE OFFICE OF
22 THE PRESIDENT SHALL SUBMIT TO THE DEPARTMENT OF PUBLIC HEALTH
23 AND ENVIRONMENT A REPORT CONCERNING THE RESEARCH GRANTS
24 AWARDED PURSUANT TO THE RESEARCH PROGRAM. THE DEPARTMENT
25 SHALL INCLUDE SAID REPORT IN THE ANNUAL REPORT OF PROGRAMS THAT
26 ARE FUNDED BY MONEYS RECEIVED PURSUANT TO THE MASTER
Page 41
1 SETTLEMENT AGREEMENT PREPARED PURSUANT TO SECTION 25-1-108.5
2 (3), C.R.S. THE REPORT SHALL INCLUDE THE FOLLOWING INFORMATION
3 FOR EACH {INSTITUTION AND ORGANIZATION} THAT RECEIVES GRANT
4 AWARDS:
5 (a) THE NUMBER AND DOLLAR AMOUNTS OF RESEARCH GRANTS
6 RECEIVED THROUGH THE RESEARCH PROGRAM, INCLUDING THE AMOUNT
7 ALLOCATED TO INDIRECT COSTS;
8 (b) THE SUBJECT OF RESEARCH GRANTS BY ACADEMIC DISCIPLINE;
9 (c) THE RELATIONSHIP BETWEEN STATE AND FEDERAL FUNDING
10 FOR TOBACCO-RELATED RESEARCH;
11 (d) THE RELATIONSHIP BETWEEN EACH PROJECT AND THE OVERALL
12 STRATEGY OF THE RESEARCH PROGRAM;
13 (e) A SUMMARY OF RESEARCH FINDINGS;
14 (f) ANY RECOMMENDATIONS FOR FUTURE PROGRAM DIRECTIONS.
15 SECTION [{12.]} 23-20-117.5 (1), Colorado Revised Statutes, is
16 amended to read:
17 23-20-117.5. University of Colorado fund - creation - control
18 - use. (1) There is hereby created in the state treasury the university of
19 Colorado fund which THAT shall be under the control and administration
20 of the board of regents of the university of Colorado in accordance with
21 the provisions of this article PART 1. The board of regents shall have
22 authority and responsibility for all university funds. The board of regents
23 shall designate, pursuant to its statutory authority, those moneys whether
24 received by appropriation, grant, contract, gift, or any other means which
25 THAT shall be credited to said fund together with all interest derived from
26 the deposit and investment of moneys in the fund. The moneys in the
Page 42
1 fund shall remain under the control of the regents of the university of
2 Colorado and shall not be transferred or revert to the general fund of the
3 state at the end of any fiscal year.
4 [ ] [ ] [ ]
5 { SECTION [13.] 23-20-136 (3), Colorado Revised Statutes, is
6 amended, and the said 23-20-136 is further amended BY THE
7 ADDITION OF A NEW SUBSECTION, to read:
8 23-20-136. Fitzsimons trust fund - creation - repeal. (1.5) FOR
9 PURPOSES OF THIS SECTION, "MASTER SETTLEMENT AGREEMENT" MEANS
10 THE MASTER SETTLEMENT AGREEMENT, THE SMOKELESS TOBACCO MASTER
11 SETTLEMENT AGREEMENT, AND THE CONSENT DECREE APPROVED AND
12 ENTERED BY THE COURT IN THE CASE DENOMINATED STATE OF COLORADO,
13 EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO
14 CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO
15 CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP
16 MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.;
17 THE COUNCIL FOR TOBACCO RESEARCH--U.S.A., INC.; AND TOBACCO
18 INSTITUTE, INC., CASE NO. 97 CV 3432, IN THE DISTRICT COURT FOR THE
19 CITY AND COUNTY OF DENVER.
20 (3) (a) There is hereby created in the state treasury the university
21 of Colorado health sciences center at Fitzsimons trust fund, referred to in
22 this section as the "Fitzsimons trust fund", the principal of which shall
23 consist of:
24 (I) Those general fund revenues in excess of the limitation in
25 section 24-75-201.1 (1) (a) (II), C.R.S., that may be transferred to the
26 capital construction fund as provided in section 24-75-302 (2), C.R.S.,
Page 43
1 and then appropriated from the capital construction fund to the
2 Fitzsimons trust fund; AND
3 (II) [(A)] BEGINNING WITH THE 2000-01 FISCAL YEAR, AND
4 [CONTINUING THROUGH THE 2009-10 FISCAL YEAR, TWO PERCENT OF] [
5 ]THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO
6 THE MASTER SETTLEMENT AGREEMENT DURING THE PRECEDING FISCAL
7 YEAR.
8 }[(B) THE GENERAL ASSEMBLY SHALL APPROPRIATE THE AMOUNT
9 SPECIFIED IN THIS SUBPARAGRAPH (II) FROM MONEYS CREDITED TO THE
10 TOBACCO LITIGATION SETTLEMENT CASH FUND CREATED IN SECTION
11 24-22-115, C.R.S. NOTWITHSTANDING THE PROVISIONS OF
12 SUB-SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (II), FOR THE FISCAL
13 YEAR IN WHICH THE FIRST PAYMENT OF MONEYS PURSUANT TO THE
14 MASTER SETTLEMENT AGREEMENT IS RECEIVED, THE PERCENTAGE
15 APPROPRIATED TO THE FUND SHALL BE CALCULATED ON THE TOTAL
16 AMOUNT OF MONEYS RECEIVED BY THE STATE PURSUANT TO THE MASTER
17 SETTLEMENT AGREEMENT DURING THAT FISCAL YEAR, MINUS
18 THIRTY-THREE MILLION DOLLARS.]{
19 (b) The principal and interest of the Fitzsimons trust fund shall
20 not be expended or appropriated for any purpose other than that stated in
21 subsection (5) of this section. The state treasurer may, in the state
22 treasurer's discretion, deposit, redeposit, invest, and reinvest moneys
23 accrued or accruing to the Fitzsimons trust fund in the types of deposits
24 and investments authorized in sections 24-36-109, 24-36-112, and
25 24-36-113, C.R.S.
26 }[(c) COMMENCING JULY 1, 2010, THE PERCENTAGE OF THE MONEYS
Page 44
1 RECEIVED PURSUANT TO THE MASTER SETTLEMENT AGREEMENT
2 DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH (a) OF THIS SUBSECTION
3 (3) SHALL BE CREDITED TO THE TOBACCO LITIGATION SETTLEMENT TRUST
4 FUND CREATED PURSUANT TO SECTION 24-22-115.5, C.R.S.
5 SECTION 14. Article 3.5 of title 25, Colorado Revised Statutes,
6 is amended BY THE ADDITION OF A NEW PART to read:
7 PART 8
8 TOBACCO EDUCATION, PREVENTION,
9 AND CESSATION PROGRAMS
10 25-3.5-801. Short title. THIS PART 8 SHALL BE KNOWN AND MAY
11 BE CITED AS THE "TOBACCO EDUCATION, PREVENTION, AND CESSATION
12 ACT".
13 25-3.5-802. Legislative declaration. (1) THE GENERAL
14 ASSEMBLY HEREBY FINDS THAT:
15 (a) THE USE OF ALL TYPES OF TOBACCO PRODUCTS, INCLUDING
16 SMOKELESS TOBACCO, RESULTS IN A HIGH INCIDENCE OF ADDICTION,
17 DISEASE, ILLNESS, AND DEATH;
18 (b) PERSONS WHO BEGIN USING AND BECOME ADDICTED TO
19 TOBACCO PRODUCTS IN THEIR YOUTH OFTEN FACE A LIFETIME OF
20 STRUGGLE AND RECURRING ILLNESS IN COPING WITH AND ATTEMPTING TO
21 OVERCOME ADDICTION TO TOBACCO PRODUCTS;
22 (c) EXPERIMENTATION WITH TOBACCO PRODUCTS BY YOUTHS IS
23 OFTEN A FIRST STEP TOWARDS MORE SERIOUS DRUG EXPERIMENTATION
24 AND CREATES A GREATER LIKELIHOOD THAT THE YOUTH WHO
25 EXPERIMENTS WITH TOBACCO WILL AT SOME POINT BE ADDICTED TO EVEN
26 MORE HARMFUL SUBSTANCES;
Page 45
1 (d) IMPLEMENTATION OF AGGRESSIVE TOBACCO PREVENTION,
2 EDUCATION, AND CESSATION PROGRAMS FOR SCHOOL-AGE CHILDREN IS
3 NECESSARY TO ASSIST YOUNG PEOPLE IN AVOIDING AND ENDING TOBACCO
4 USE;
5 (e) SCHOOL DISTRICTS, SCHOOLS, AND OTHER ENTITIES THAT
6 PROVIDE TOBACCO PREVENTION, EDUCATION, AND CESSATION PROGRAMS
7 FOR SCHOOL-AGE CHILDREN SHOULD REACH OUT TO PARENTS AND
8 ENCOURAGE THEM TO PARTICIPATE, EITHER AS STUDENTS OR ROLE
9 MODELS, IN IMPLEMENTING SAID PROGRAMS.
10 (2) THE GENERAL ASSEMBLY HEREBY FINDS THAT PERSONS WITH
11 MENTAL ILLNESS ARE MORE LIKELY TO ABUSE TOBACCO PRODUCTS THAN
12 ANY OTHER SEGMENT OF SOCIETY. THE GENERAL ASSEMBLY FURTHER
13 FINDS THAT THE UNUSUALLY HEAVY PATTERN OF TOBACCO ABUSE
14 ENGAGED IN BY PERSONS WITH MENTAL ILLNESS REQUIRES SPECIAL
15 TREATMENT STRATEGIES THAT ARE NOT PROVIDED BY OTHER ALCOHOL,
16 DRUG, OR TOBACCO ABUSE PROGRAMS. IT IS THEREFORE THE GENERAL
17 ASSEMBLY'S INTENT THAT THE PROGRAMS FUNDED PURSUANT TO THIS
18 PART 8 INCLUDE COMPREHENSIVE PROGRAMS TO PREVENT AND TREAT
19 TOBACCO ADDICTION AMONG PERSONS WITH MENTAL ILLNESS.
20 (3) THE GENERAL ASSEMBLY ALSO FINDS THAT:
21 (a) EACH YEAR, THOUSANDS OF PEOPLE IN THIS STATE DIE FROM
22 DISEASES THAT HAVE BEEN CLINICALLY PROVEN TO BE CAUSED BY OR
23 DIRECTLY RELATED TO TOBACCO USE;
24 (b) ONCE A PERSON STARTS USING TOBACCO, HE OR SHE USUALLY
25 BECOMES ADDICTED TO THE NICOTINE CONTAINED IN THE TOBACCO, WHICH
26 MAKES IT TERRIBLY DIFFICULT FOR THE PERSON TO QUIT USING TOBACCO
Page 46
1 EVEN WHEN THE PERSON IS AWARE OF THE SIGNIFICANT HEALTH RISKS
2 THAT ACCOMPANY TOBACCO USE;
3 (c) STUDIES SHOW THAT A CHILD IS AT A SUBSTANTIALLY GREATER
4 RISK OF STARTING TO USE TOBACCO IF THE CHILD'S PARENTS OR OLDER
5 SIBLINGS USE TOBACCO. THEREFORE, REDUCING TOBACCO USE BY ADULTS
6 MAY SIGNIFICANTLY REDUCE THE RISK THAT CHILDREN WILL BEGIN USING
7 TOBACCO;
8 (d) ANNUAL DIRECT MEDICAL COSTS FROM TOBACCO USE IN
9 COLORADO CURRENTLY EXCEED FIVE HUNDRED MILLION DOLLARS;
10 (e) COMPREHENSIVE TOBACCO EDUCATION, PREVENTION, AND
11 CESSATION PROGRAMS MAY RESULT IN MILLIONS OF DOLLARS IN SAVINGS
12 TO THE STATE AND INDIVIDUAL RESIDENTS OF THE STATE FOR
13 GENERATIONS.
14 25-3.5-803. Definitions. AS USED IN THIS PART 8, UNLESS THE
15 CONTEXT OTHERWISE REQUIRES:
16 (1) "DIVISION" MEANS THE EMERGENCY MEDICAL SERVICES AND
17 PREVENTION DIVISION WITHIN THE DEPARTMENT OF PUBLIC HEALTH AND
18 ENVIRONMENT.
19 (2) "ENTITY" MEANS ANY LOCAL GOVERNMENT, LOCAL OR
20 REGIONAL HEALTH DEPARTMENT, COUNTY DEPARTMENT OF SOCIAL
21 SERVICES, SCHOOL, SCHOOL DISTRICT, OR BOARD OF COOPERATIVE
22 SERVICES OR ANY PRIVATE NONPROFIT OR NOT-FOR-PROFIT
23 COMMUNITY-BASED ORGANIZATION.
24 (3) "MASTER SETTLEMENT AGREEMENT" MEANS THE MASTER
25 SETTLEMENT AGREEMENT, THE SMOKELESS TOBACCO MASTER
26 SETTLEMENT AGREEMENT, AND THE CONSENT DECREE APPROVED AND
Page 47
1 ENTERED BY THE COURT IN THE CASE DENOMINATED STATE OF COLORADO,
2 EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO
3 CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO
4 CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP
5 MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.;
6 THE COUNCIL FOR TOBACCO RESEARCH--U.S.A., INC.; AND TOBACCO
7 INSTITUTE, INC., CASE NO. 97 CV 3432, IN THE DISTRICT COURT FOR THE
8 CITY AND COUNTY OF DENVER.
9 (4) "PROGRAM" MEANS THE TOBACCO EDUCATION, PREVENTION,
10 AND CESSATION GRANT PROGRAM CREATED IN SECTION 25-3.5-804.
11 (5) "STATE BOARD" MEANS THE STATE BOARD OF HEALTH CREATED
12 IN SECTION 25-1-103.
13 25-3.5-804. Tobacco education, prevention, and cessation
14 programs - grants. (1) THERE IS HEREBY CREATED THE TOBACCO
15 EDUCATION, PREVENTION, AND CESSATION GRANT PROGRAM TO PROVIDE
16 FUNDING FOR COMMUNITY-BASED TOBACCO EDUCATION, PREVENTION,
17 AND CESSATION PROGRAMS FOR SCHOOL-AGE CHILDREN AND ADULTS.
18 THE PROGRAM SHALL BE ADMINISTERED BY THE EMERGENCY MEDICAL
19 SERVICES AND PREVENTION DIVISION WITHIN THE DEPARTMENT AND
20 COORDINATED WITH EFFORTS PURSUANT TO PART 5 OF ARTICLE 35 OF
21 TITLE 24, C.R.S. THE STATE BOARD SHALL AWARD GRANTS TO SELECTED
22 ENTITIES FROM MONEYS APPROPRIATED TO THE TOBACCO PROGRAM FUND
23 CREATED IN SECTION 25-3.5-807.
24 (2) THE STATE BOARD SHALL ADOPT RULES THAT SPECIFY, BUT ARE
25 NOT NECESSARILY LIMITED TO, THE FOLLOWING:
26 (a) THE PROCEDURES AND TIMELINES BY WHICH AN ENTITY MAY
Page 48
1 APPLY FOR PROGRAM GRANTS;
2 (b) GRANT APPLICATION CONTENTS;
3 (c) CRITERIA FOR SELECTING THOSE ENTITIES THAT SHALL RECEIVE
4 GRANTS AND DETERMINING THE AMOUNT AND DURATION OF SAID GRANTS;
5 (d) REPORTING REQUIREMENTS FOR ENTITIES THAT RECEIVE
6 GRANTS PURSUANT TO THIS PART 8.
7 (3) (a) THE DIVISION SHALL REVIEW THE APPLICATIONS RECEIVED
8 PURSUANT TO THIS PART 8 AND MAKE RECOMMENDATIONS TO THE STATE
9 BOARD REGARDING THOSE ENTITIES THAT MAY RECEIVE GRANTS AND THE
10 AMOUNTS OF SAID GRANTS. IN REVIEWING GRANT APPLICATIONS FOR
11 PROGRAMS TO PROVIDE TOBACCO EDUCATION, PREVENTION, AND
12 CESSATION PROGRAMS FOR PERSONS WITH MENTAL ILLNESS, THE DIVISION
13 SHALL CONSULT WITH THE PROGRAMS FOR PUBLIC PSYCHIATRY AT THE
14 UNIVERSITY OF COLORADO HEALTH SCIENCES CENTER, THE NATIONAL
15 ASSOCIATION FOR THE MENTALLY ILL, THE MENTAL HEALTH ASSOCIATION
16 OF COLORADO, AND THE DEPARTMENT OF HUMAN SERVICES.
17 (b) THE STATE BOARD SHALL AWARD GRANTS TO THE SELECTED
18 ENTITIES, SPECIFYING THE AMOUNT AND DURATION OF THE AWARD. NO
19 GRANT AWARDED PURSUANT TO THIS PART 8 SHALL EXCEED THREE YEARS
20 WITHOUT RENEWAL. OF THE AMOUNT AWARDED EACH YEAR PURSUANT
21 TO THE PROVISIONS OF THIS PART 8, THE STATE BOARD SHALL AWARD AT
22 LEAST ONE-THIRD OF THE AMOUNT TO ENTITIES THAT PROVIDE TOBACCO
23 EDUCATION, PREVENTION, AND CESSATION PROGRAMS TO SCHOOL-AGE
24 CHILDREN.
25 (4) IN IMPLEMENTING THE PROGRAM, THE DIVISION SHALL SURVEY
26 THE NEED FOR TRAINED TEACHERS, HEALTH PROFESSIONALS, AND OTHERS
Page 49
1 INVOLVED IN PROVIDING TOBACCO EDUCATION, PREVENTION, AND
2 CESSATION PROGRAMS. TO THE EXTENT THE DIVISION DETERMINES THERE
3 IS A NEED, THE DIVISION MAY PROVIDE TECHNICAL TRAINING AND
4 ASSISTANCE TO ENTITIES THAT RECEIVE PROGRAM GRANTS PURSUANT TO
5 THIS PART 8.
6 25-3.5-805. Tobacco education, prevention, and cessation
7 programs - requirements. (1) AN ENTITY THAT APPLIES FOR A GRANT
8 PURSUANT TO THE PROVISIONS OF THIS PART 8 SHALL IN THE APPLICATION
9 DEMONSTRATE THAT THE TOBACCO EDUCATION, PREVENTION, OR
10 CESSATION PROGRAM PROVIDES AT LEAST ONE OF THE FOLLOWING:
11 (a) EDUCATION DESIGNED FOR SCHOOL-AGE CHILDREN THAT, AT
12 A MINIMUM, ADDRESSES TOBACCO PREVENTION AND CESSATION
13 STRATEGIES AND THE DANGERS OF TOBACCO USE; OR
14 (b) EDUCATION AND COUNSELING REGARDING THE USE OF ALL
15 TYPES OF TOBACCO PRODUCTS; OR
16 (c) CURRICULUM THAT ADDRESSES PREVENTION OF THE USE OF
17 ALL TYPES OF TOBACCO PRODUCTS; OR
18 (d) TRAINING OF TEACHERS, HEALTH PROFESSIONALS, AND OTHERS
19 IN THE FIELD OF TOBACCO USE AND PREVENTION; OR
20 (e) TOBACCO ADDICTION PREVENTION AND TREATMENT
21 STRATEGIES THAT ARE DESIGNED SPECIFICALLY FOR PERSONS WITH
22 MENTAL ILLNESS.
23 (2) IF THE ENTITY APPLYING FOR A GRANT PURSUANT TO THE
24 PROVISIONS OF THIS PART 8 IS A SCHOOL DISTRICT OR BOARD OF
25 COOPERATIVE SERVICES, IN ADDITION TO THE INFORMATION SPECIFIED IN
26 SUBSECTION (1) OF THIS SECTION, THE ENTITY SHALL DEMONSTRATE IN THE
Page 50
1 APPLICATION THAT THE TOBACCO EDUCATION, PREVENTION, AND
2 CESSATION PROGRAM TO BE OPERATED WITH MONEYS RECEIVED FROM THE
3 GRANT IS A PROGRAM THAT HAS NOT BEEN PREVIOUSLY PROVIDED BY THE
4 SCHOOL DISTRICT OR BOARD OF COOPERATIVE SERVICES. THE ENTITY
5 SHALL ALSO DEMONSTRATE THAT THE PROGRAM IS SPECIFICALLY
6 DESIGNED TO APPEAL TO AND ADDRESS THE CONCERNS OF THE AGE GROUP
7 TO WHICH THE PROGRAM WILL BE PRESENTED.
8 (3) IN ADOPTING CRITERIA FOR AWARDING GRANTS, THE STATE
9 BOARD SHALL ADOPT SUCH CRITERIA AS WILL ENSURE THAT TOBACCO
10 EDUCATION, PREVENTION, AND CESSATION PROGRAMS ARE AVAILABLE
11 THROUGHOUT THE STATE AND THAT SAID PROGRAMS ARE AVAILABLE TO
12 SERVE PERSONS OF ALL AGES.
13 25-3.5-806. Tobacco education, prevention, and cessation
14 programs - reporting requirements. (1) IN ADOPTING RULES
15 SPECIFYING THE REPORTING REQUIREMENTS FOR ENTITIES THAT RECEIVE
16 GRANTS PURSUANT TO THIS PART 8, THE STATE BOARD SHALL ENSURE
17 THAT SUCH REPORTS, AT A MINIMUM, INCLUDE:
18 (a) AN EVALUATION OF THE IMPLEMENTATION OF THE PROGRAM,
19 INCLUDING BUT NOT LIMITED TO THE NUMBER OF PERSONS SERVED AND
20 THE SERVICES PROVIDED;
21 (b) THE RESULTS ACHIEVED BY THE PROGRAM, SPECIFYING THE
22 GOALS OF THE PROGRAM AND THE CRITERIA USED IN MEASURING
23 ATTAINMENT OF THE GOALS.
24 (2) THE DIVISION SHALL COMPILE THE ANNUAL REPORTS RECEIVED
25 FROM ENTITIES PURSUANT TO THIS SECTION AND THE DEPARTMENT SHALL
26 INCLUDE THE COMPILATION AND ANY OTHER NECESSARY INFORMATION IN
Page 51
1 THE ANNUAL REPORT ON PROGRAMS THAT ARE FUNDED BY MONEYS
2 RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT
3 AGREEMENT PREPARED PURSUANT TO SECTION 25-1-108.5 (3).
4 (3) THE DIVISION SHALL ANNUALLY REVIEW THE REPORTS
5 RECEIVED FROM ENTITIES RECEIVING GRANTS PURSUANT TO THIS PART 8
6 AND SHALL MAKE RECOMMENDATIONS TO THE STATE BOARD CONCERNING
7 WHETHER THE AMOUNT RECEIVED BY AN ENTITY SHOULD BE CONTINUED,
8 REDUCED, OR INCREASED. THE DIVISION MAY ALSO RECOMMEND THAT
9 THE GRANT FOR AN ENTITY BE IMMEDIATELY TERMINATED OR NOT
10 RENEWED IF THE TOBACCO EDUCATION, PREVENTION, AND CESSATION
11 PROGRAM FUNDED BY THE GRANT DOES NOT DEMONSTRATE A SUFFICIENT
12 LEVEL OF SUCCESS, AS DETERMINED BY THE DIVISION.
13 25-3.5-807. Tobacco program fund - created. (1) THERE IS
14 HEREBY CREATED IN THE STATE TREASURY THE TOBACCO PROGRAM FUND
15 THAT SHALL CONSIST OF THE MONEYS APPROPRIATED THERETO PURSUANT
16 TO SUBSECTION (2) OF THIS SECTION. IN ADDITION, THE STATE TREASURER
17 MAY CREDIT TO THE FUND ANY PUBLIC OR PRIVATE GIFTS, GRANTS, OR
18 DONATIONS RECEIVED BY THE DIVISION FOR IMPLEMENTATION OF THE
19 PROGRAM. THE FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY
20 THE GENERAL ASSEMBLY TO THE DEPARTMENT FOR ISSUANCE OF GRANTS
21 PURSUANT TO THIS PART 8. IN ADDITION, THE DEPARTMENT MAY RETAIN
22 UP TO FIVE PERCENT OF THE AMOUNT ANNUALLY APPROPRIATED FROM THE
23 FUND FOR THE ACTUAL COSTS INCURRED BY THE DIVISION AND THE STATE
24 BOARD IN IMPLEMENTING THE PROVISIONS OF THIS PART 8.
25 NOTWITHSTANDING THE PROVISIONS OF SECTION 24-36-114, C.R.S., ALL
26 INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN
Page 52
1 THE FUND SHALL BE CREDITED TO THE FUND. ANY AMOUNT REMAINING IN
2 THE FUND AT THE END OF ANY FISCAL YEAR SHALL BE TRANSFERRED TO
3 THE TOBACCO LITIGATION SETTLEMENT TRUST FUND CREATED IN SECTION
4 24-22-115.5, C.R.S.
5 (2) (a) BEGINNING IN FISCAL YEAR 2000-01 AND FOR FISCAL YEARS
6 THEREAFTER SO LONG AS THE STATE RECEIVES MONEYS PURSUANT TO THE
7 MASTER SETTLEMENT AGREEMENT, THE GENERAL ASSEMBLY SHALL
8 ANNUALLY APPROPRIATE TO THE FUND FIFTEEN PERCENT OF THE AMOUNT
9 TRANSMITTED TO THE STATE TREASURER PURSUANT TO THE PROVISIONS OF
10 THE MASTER SETTLEMENT AGREEMENT DURING THE PRECEDING FISCAL
11 YEAR. THE GENERAL ASSEMBLY SHALL APPROPRIATE THE AMOUNT
12 SPECIFIED IN THIS SUBSECTION (2) FROM MONEYS CREDITED TO THE
13 TOBACCO LITIGATION SETTLEMENT CASH FUND CREATED IN SECTION
14 24-22-115, C.R.S.
15 (b) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF
16 THIS SUBSECTION (2), FOR THE FISCAL YEAR IN WHICH THE FIRST PAYMENT
17 OF MONEYS PURSUANT TO THE MASTER SETTLEMENT AGREEMENT IS
18 RECEIVED, THE PERCENTAGE APPROPRIATED TO THE FUND SHALL BE
19 CALCULATED ON THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE
20 PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THAT FISCAL
21 YEAR, MINUS THIRTY-THREE MILLION DOLLARS.
22 (3) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT GENERAL
23 FUND MONEYS NOT BE APPROPRIATED TO FUND THE PROGRAM.]{
24 SECTION [15.] Article 31 of title 24, Colorado Revised Statutes,
25 is amended BY THE ADDITION OF A NEW PART to read:
26 PART 4
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1 ENFORCEMENT OF TOBACCO SETTLEMENT
2 24-31-401. Definitions. AS USED IN THIS PART 4, UNLESS THE
3 CONTEXT OTHERWISE REQUIRES:
4 (1) "SMOKELESS TOBACCO SETTLEMENT" MEANS THE SETTLEMENT
5 AGREEMENT BETWEEN THE STATE OF COLORADO AND VARIOUS DOMESTIC
6 SMOKELESS TOBACCO PRODUCTS MANUFACTURERS, DATED NOVEMBER 23,
7 1998, WHICH WAS APPROVED BY THE DISTRICT COURT OF THE CITY AND
8 COUNTY OF DENVER AS PART OF A CONSENT DECREE DATED NOVEMBER
9 25, 1998, IN THE CASE DENOMINATED STATE OF COLORADO, EX REL. GALE
10 A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO CO.;
11 AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO CORP.;
12 LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP MORRIS,
13 INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.; THE
14 COUNCIL FOR TOBACCO RESEARCH--U.S.A., INC.; AND TOBACCO INSTITUTE,
15 INC., CASE NO. 97 CV 3432.
16 (2) "TOBACCO SETTLEMENT" MEANS THE SETTLEMENT AGREEMENT
17 BETWEEN THE STATE OF COLORADO AND VARIOUS DOMESTIC TOBACCO
18 PRODUCTS MANUFACTURERS, DATED NOVEMBER 23, 1998, WHICH WAS
19 APPROVED BY THE DISTRICT COURT OF THE CITY AND COUNTY OF DENVER
20 AS PART OF A CONSENT DECREE DATED NOVEMBER 25, 1998, IN THE CASE
21 DENOMINATED STATE OF COLORADO, EX REL. GALE A. NORTON, ATTORNEY
22 GENERAL V. R.J. REYNOLDS TOBACCO CO.; AMERICAN TOBACCO CO., INC.;
23 BROWN & WILLIAMSON TOBACCO CORP.; LIGGETT GROUP INC.; LORILLARD
24 TOBACCO COMPANY; PHILLIP MORRIS, INC.; UNITED STATES TOBACCO CO.;
25 B.A.T. INDUSTRIES, P.L.C.; THE COUNCIL FOR TOBACCO
26 RESEARCH--U.S.A., INC.; AND TOBACCO INSTITUTE, INC., CASE NO. 97 CV
Page 54
1 3432.
2 24-31-402. Enforcement by attorney general. (1) THE
3 GENERAL ASSEMBLY HEREBY FINDS THAT BOTH THE TOBACCO
4 SETTLEMENT AND THE SMOKELESS TOBACCO SETTLEMENT IMPOSE
5 NUMEROUS DUTIES AND OBLIGATIONS ON THE PARTIES TO THOSE
6 SETTLEMENT AGREEMENTS RELATING TO THE MARKETING AND
7 ADVERTISING OF TOBACCO PRODUCTS AND THE PAYMENT OF DAMAGES TO
8 THE STATE. THE GENERAL ASSEMBLY FURTHER FINDS THAT MOST OF
9 THESE DUTIES AND OBLIGATIONS CONTINUE FOR A MINIMUM OF
10 TWENTY-FIVE YEARS FROM THE DATES OF THE SETTLEMENT AGREEMENTS.
11 THEREFORE, THE ATTORNEY GENERAL SHALL OVERSEE AND TAKE THE
12 NECESSARY ACTIONS TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF
13 THE TOBACCO SETTLEMENT AGREEMENT AND THE SMOKELESS TOBACCO
14 SETTLEMENT AGREEMENT, CONSISTENT WITH THE DUTIES AND
15 OBLIGATIONS SET FORTH IN SAID SETTLEMENT AGREEMENTS AND WITH
16 COLORADO LAW.
17 (2) THE ENFORCEMENT DUTY SPECIFIED IN SUBSECTION (1) OF THIS
18 SECTION IS IN ADDITION TO AND DOES NOT LIMIT THE AUTHORITY OF THE
19 ATTORNEY GENERAL OTHERWISE EXISTING UNDER COMMON LAW OR THE
20 STATUTES OF THIS STATE.
21 24-31-403. Funding. THE ATTORNEY GENERAL MAY USE ANY
22 CUSTODIAL FUNDS RECOVERED AS COSTS AND ATTORNEY FEES UNDER THE
23 TOBACCO SETTLEMENT TO OFFSET ANY COSTS INCURRED IN OVERSEEING
24 AND ENFORCING THE TOBACCO SETTLEMENT AGREEMENT AND THE
25 SMOKELESS TOBACCO SETTLEMENT AGREEMENT.}
26 [SECTION 16. Part 5 of article 7 of title 22, Colorado Revised
Page 55
1 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
2 read:
3 22-7-506. Read to achieve grant program - board created -
4 fund. (1) THERE IS HEREBY CREATED IN THE OFFICE OF THE GOVERNOR
5 THE READ TO ACHIEVE GRANT PROGRAM. UNDER THIS PROGRAM, SCHOOL
6 DISTRICTS OR CHARTER SCHOOLS MAY APPLY FOR GRANTS TO FUND
7 INTENSIVE READING PROGRAMS FOR SECOND AND THIRD GRADE PUPILS
8 WHOSE LITERACY AND READING COMPREHENSION LEVELS ARE BELOW THE
9 LEVEL ESTABLISHED BY THE STATE BOARD FOR PUPILS AT THAT GRADE.
10 (2) (a) THERE IS HEREBY CREATED THE READ TO ACHIEVE BOARD,
11 REFERRED TO IN THIS SECTION AS THE "BOARD", WHICH SHALL CONSIST OF
12 NINE MEMBERS, AS FOLLOWS:
13 (I) THE COMMISSIONER OF EDUCATION; AND
14 (II) EIGHT MEMBERS APPOINTED BY THE GOVERNOR, WITH THE
15 CONSENT OF THE SENATE, AS FOLLOWS:
16 (A) ONE MEMBER WHO REPRESENTS THE STATE BOARD;
17 (B) TWO MEMBERS WHO ARE SECOND OR THIRD GRADE
18 ELEMENTARY SCHOOL TEACHERS, ONE OF WHOM WORKS IN A RURAL
19 SCHOOL DISTRICT;
20 (C) TWO MEMBERS WHO ARE ELEMENTARY SCHOOL PRINCIPALS,
21 ONE OF WHOM WORKS IN A RURAL SCHOOL DISTRICT;
22 (D) ONE MEMBER WHO REPRESENTS THE GOVERNOR'S OFFICE;
23 (E) ONE MEMBER WHO IS A PERSON WITH KNOWLEDGE OF BEST
24 PRACTICES IN READING AND READING INSTRUCTION; AND
25 (F) ONE MEMBER WHO, AT THE TIME OF APPOINTMENT, IS A PARENT
26 OF A CHILD IN SECOND OR THIRD GRADE.
Page 56
1 (b) (I) THE APPOINTED MEMBERS OF THE BOARD SHALL SERVE
2 TERMS OF THREE YEARS; EXCEPT THAT, OF THE MEMBERS FIRST
3 APPOINTED, THE GOVERNOR SHALL SELECT FOUR WHO SHALL SERVE TERMS
4 OF TWO YEARS. NO MEMBER SHALL SERVE MORE THAN TWO CONSECUTIVE
5 THREE-YEAR TERMS.
6 (II) THE GOVERNOR MAY REMOVE ANY APPOINTED BOARD MEMBER
7 FOR ANY CAUSE THAT RENDERS THE MEMBER INCAPABLE OR UNFIT TO
8 DISCHARGE THE DUTIES OF THE OFFICE. WHENEVER A VACANCY ON THE
9 BOARD EXISTS DUE TO THE DEATH, DISQUALIFICATION, REMOVAL, OR
10 RESIGNATION OF A MEMBER, THE GOVERNOR SHALL APPOINT A MEMBER
11 FOR THE REMAINING PORTION OF THE UNEXPIRED TERM CREATED BY THE
12 VACANCY.
13 (c) THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT
14 COMPENSATION BUT SHALL BE REIMBURSED FROM MONEYS IN THE READ
15 TO ACHIEVE FUND CREATED IN SUBSECTION (4) OF THIS SECTION FOR THEIR
16 ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF
17 THEIR DUTIES PURSUANT TO THIS PART 5.
18 (3) (a) THE BOARD SHALL SOLICIT AND REVIEW APPLICATIONS FOR
19 GRANTS PURSUANT TO THIS SECTION. EACH APPLICATION, AT A MINIMUM,
20 SHALL DESCRIBE THE TYPE OF PROGRAM TO BE PROVIDED BY THE SCHOOL
21 DISTRICTS OR CHARTER SCHOOLS TO ENHANCE THE LITERACY AND
22 READING COMPREHENSION SKILLS OF SECOND AND THIRD GRADE PUPILS AT
23 SPECIFIC SCHOOLS. SUCH PROGRAMS MAY INCLUDE, BUT NEED NOT BE
24 LIMITED TO:
25 (I) READING ACADEMIES OPERATED AS SCHOOLS WITHIN SCHOOLS
26 FOR INTENSIVE READING INSTRUCTION;
Page 57
1 (II) AFTER SCHOOL PROGRAMS;
2 (III) SUMMER SCHOOL CLINICS;
3 (IV) ONE-ON-ONE OR GROUP TUTORING SERVICES;
4 (V) EXTENDED-DAY READING PROGRAMS.
5 (b) THE BOARD SHALL SELECT THE SCHOOL DISTRICTS AND
6 CHARTER SCHOOLS THAT WILL RECEIVE GRANTS PURSUANT TO THIS
7 SECTION AND SPECIFY THE AMOUNT OF EACH GRANT. IN SELECTING THOSE
8 SCHOOL DISTRICTS AND CHARTER SCHOOLS THAT SHALL RECEIVE GRANTS
9 PURSUANT TO THIS SECTION, THE BOARD, AT A MINIMUM, SHALL TAKE INTO
10 ACCOUNT THE FOLLOWING CRITERIA:
11 (I) THE NUMBER OF SECOND AND THIRD GRADE PUPILS ENROLLED
12 AT A SCHOOL WITHIN THE SCHOOL DISTRICT OR A CHARTER SCHOOL WHO
13 HAVE BELOW GRADE LEVEL LITERACY AND READING COMPREHENSION
14 SKILLS;
15 (II) WHETHER THE PROPOSED PROGRAM IS BASED ON A MODEL
16 THAT HAS BEEN PROVEN TO BE SUCCESSFUL IN OTHER SCHOOLS.
17 (c) EACH GRANT AWARDED PURSUANT TO THIS SECTION SHALL
18 CONTINUE FOR A PERIOD OF THREE YEARS; EXCEPT THAT THE BOARD MAY
19 CANCEL A GRANT IF, WITHIN ONE YEAR AFTER RECEIVING THE GRANT, AT
20 LEAST TWENTY-FIVE PERCENT OF THE PUPILS ENROLLED IN THE INTENSIVE
21 READING PROGRAM DO NOT ACHIEVE PROFICIENCY ON THE THIRD OR
22 FOURTH GRADE STATE ASSESSMENT IN READING. UPON COMPLETION OF
23 THE GRANT PERIOD, THE SCHOOL DISTRICT OR CHARTER SCHOOL MAY
24 REAPPLY FOR SUBSEQUENT GRANTS. IN AWARDING SUBSEQUENT GRANTS,
25 THE BOARD SHALL CONSIDER THE PERFORMANCE OF THE SCHOOL THAT
26 RECEIVED THE GRANT MONEYS IN REDUCING THE NUMBER OF SECOND AND
Page 58
1 THIRD GRADE STUDENTS WHO HAVE BELOW GRADE LEVEL LITERACY AND
2 READING COMPREHENSION SKILLS AND ANY OTHER CRITERIA ADOPTED BY
3 THE BOARD PURSUANT TO PARAGRAPH (d) OF THIS SUBSECTION (3).
4 (d) THE BOARD SHALL ADOPT WRITTEN GUIDELINES FOR THE
5 ADMINISTRATION OF THIS SECTION INCLUDING BUT NOT LIMITED TO:
6 (I) APPLICATION PROCEDURES BY WHICH A SCHOOL DISTRICT OR
7 CHARTER SCHOOL MAY APPLY FOR GRANTS PURSUANT TO THIS SECTION;
8 (II) ANY CRITERIA IN ADDITION TO THOSE SPECIFIED IN PARAGRAPH
9 (b) OF THIS SUBSECTION (3) FOR SELECTING THOSE SCHOOL DISTRICTS AND
10 CHARTER SCHOOLS THAT SHALL RECEIVE GRANTS AND THE CRITERIA FOR
11 DETERMINING THE AMOUNT TO BE GRANTED TO THE SELECTED SCHOOL
12 DISTRICTS AND CHARTER SCHOOLS;
13 (III) PROCEDURES FOR REVIEWING THE SUCCESS OF PROGRAMS
14 THAT RECEIVE GRANTS PURSUANT TO THIS SECTION.
15 (4) (a) THERE IS HEREBY ESTABLISHED IN THE STATE TREASURY
16 THE READ TO ACHIEVE FUND, REFERRED TO IN THIS SECTION AS THE
17 "FUND". THE FUND SHALL CONSIST OF MONEYS APPROPRIATED THERETO
18 PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (4) AND ANY OTHER
19 MONEYS THAT MAY BE MADE AVAILABLE BY THE GENERAL ASSEMBLY.
20 ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS
21 IN THE FUND SHALL BE CREDITED TO THE FUND. ANY AMOUNT REMAINING
22 IN THE FUND AT THE END OF ANY FISCAL YEAR SHALL BE TRANSFERRED TO
23 THE TOBACCO LITIGATION SETTLEMENT TRUST FUND CREATED IN SECTION
24 24-22-115.5, C.R.S.
25 (b) (I) BEGINNING WITH THE 2000-01 FISCAL YEAR, AND FOR EACH
26 FISCAL YEAR THEREAFTER SO LONG AS THE STATE RECEIVES MONEYS
Page 59
1 PURSUANT TO THE MASTER SETTLEMENT AGREEMENT, THE GENERAL
2 ASSEMBLY SHALL ANNUALLY APPROPRIATE TO THE FUND FROM MONEYS
3 CREDITED TO THE TOBACCO LITIGATION SETTLEMENT CASH FUND CREATED
4 IN SECTION 24-22-115, C.R.S., TEN PERCENT OF THE AMOUNT OF MONEYS
5 TRANSMITTED TO THE STATE TREASURER IN ACCORDANCE WITH THE
6 MASTER SETTLEMENT AGREEMENT FOR THE PRECEDING FISCAL YEAR. THE
7 GENERAL ASSEMBLY SHALL APPROPRIATE THE AMOUNT SPECIFIED IN THIS
8 PARAGRAPH (b) FROM MONEYS CREDITED TO THE TOBACCO LITIGATION
9 SETTLEMENT CASH FUND CREATED IN SECTION 24-22-115, C.R.S.
10 (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF
11 THIS PARAGRAPH (b), FOR THE FISCAL YEAR IN WHICH THE FIRST PAYMENT
12 OF MONEYS PURSUANT TO THE MASTER SETTLEMENT AGREEMENT IS
13 RECEIVED, THE PERCENTAGE APPROPRIATED TO THE FUND SHALL BE
14 CALCULATED ON THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE
15 PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THAT FISCAL
16 YEAR, MINUS THIRTY-THREE MILLION DOLLARS.
17 (c) SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY,
18 MONEYS IN THE FUND SHALL BE USED TO PROVIDE GRANTS TO SCHOOL
19 DISTRICTS AND CHARTER SCHOOLS PURSUANT TO THIS SECTION. IN
20 ADDITION, UP TO FIVE PERCENT OF THE MONEYS IN THE FUND MAY BE USED
21 FOR THE EXPENSES INCURRED BY THE BOARD IN ADMINISTERING THIS
22 SECTION. ANY MONEYS NOT PROVIDED AS GRANTS TO SCHOOLS MAY BE
23 INVESTED BY THE STATE TREASURER AS PROVIDED IN SECTION 24-36-113,
24 C.R.S.
25 SECTION 17. 22-7-503, Colorado Revised Statutes, is amended,
26 BY THE ADDITION OF A NEW SUBSECTION to read:
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1 22-7-503. Definitions. As used in this part 5, unless the context
2 otherwise requires:
3 (1.5) "MASTER SETTLEMENT AGREEMENT" MEANS THE MASTER
4 SETTLEMENT AGREEMENT, THE SMOKELESS TOBACCO MASTER
5 SETTLEMENT AGREEMENT, AND THE CONSENT DECREE APPROVED AND
6 ENTERED BY THE COURT IN THE CASE DENOMINATED STATE OF COLORADO,
7 EX REL. GALE A. NORTON, ATTORNEY GENERAL V. R.J. REYNOLDS TOBACCO
8 CO.; AMERICAN TOBACCO CO., INC.; BROWN & WILLIAMSON TOBACCO
9 CORP.; LIGGETT GROUP INC.; LORILLARD TOBACCO COMPANY; PHILLIP
10 MORRIS, INC.; UNITED STATES TOBACCO CO.; B.A.T. INDUSTRIES, P.L.C.;
11 THE COUNCIL FOR TOBACCO RESEARCH--U.S.A., INC.; AND TOBACCO
12 INSTITUTE, INC., CASE NO. 97 CV 3432, IN THE DISTRICT COURT FOR THE
13 CITY AND COUNTY OF DENVER.
14 SECTION 18. Part 28 of article 32 of title 24, Colorado Revised
15 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
16 read:
17 24-32-2806. School violence prevention program - fund
18 created. (1) AS USED IN THIS SECTION, "MASTER SETTLEMENT
19 AGREEMENT" MEANS THE MASTER SETTLEMENT AGREEMENT, THE
20 SMOKELESS TOBACCO MASTER SETTLEMENT AGREEMENT, AND THE
21 CONSENT DECREE APPROVED AND ENTERED BY THE COURT IN THE CASE
22 DENOMINATED STATE OF COLORADO, EX REL. GALE A. NORTON, ATTORNEY
23 GENERAL V. R.J. REYNOLDS TOBACCO CO.; AMERICAN TOBACCO CO., INC.;
24 BROWN & WILLIAMSON TOBACCO CORP.; LIGGETT GROUP INC.; LORILLARD
25 TOBACCO COMPANY; PHILLIP MORRIS, INC.; UNITED STATES TOBACCO CO.;
26 B.A.T. INDUSTRIES, P.L.C.; THE COUNCIL FOR TOBACCO
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1 RESEARCH--U.S.A., INC.; AND TOBACCO INSTITUTE, INC., CASE NO. 97 CV
2 3432, IN THE DISTRICT COURT FOR THE CITY AND COUNTY OF DENVER.
3 (2) THERE IS HEREBY CREATED THE SCHOOL VIOLENCE
4 PREVENTION PROGRAM TO PROVIDE FUNDING TO ASSIST ELEMENTARY,
5 MIDDLE, JUNIOR HIGH, AND HIGH SCHOOLS IN IMPLEMENTING PROGRAMS
6 THAT WILL REDUCE AND PREVENT THE OCCURRENCE OF VIOLENCE IN
7 SCHOOL. SUCH FUNDING SHALL BE USED TO PROVIDE IN-SCHOOL
8 PROGRAMS TO ASSIST STUDENTS IN DEALING WITH CONFLICT, INCLUDING
9 BUT NOT LIMITED TO CONFLICT MEDIATION, ANGER MANAGEMENT,
10 DIVERSITY TOLERANCE TRAINING, SUICIDE PREVENTION PROGRAMS, AND
11 MENTAL HEALTH COUNSELING.
12 (3) (a) ELEMENTARY, MIDDLE, JUNIOR HIGH, AND HIGH SCHOOLS
13 MAY OBTAIN GRANTS FROM THE SCHOOL VIOLENCE PREVENTION FUND
14 CREATED IN SUBSECTION (4) OF THIS SECTION BY SUBMITTING
15 APPLICATIONS TO THE BOARD IN ACCORDANCE WITH THE TIMELINES AND
16 GUIDELINES ADOPTED BY THE BOARD PURSUANT TO SECTION 24-32-2802.
17 PURSUANT TO THE PROCEDURES SPECIFIED IN SECTION 24-32-2802, THE
18 BOARD SHALL SELECT FROM AMONG THE APPLICANTS THOSE SCHOOLS
19 THAT SHALL RECEIVE GRANTS FROM THE SCHOOL VIOLENCE PREVENTION
20 FUND AND THE AMOUNTS OF SAID GRANTS. EACH GRANT SHALL BE
21 AWARDED FOR A MINIMUM OF THREE ACADEMIC YEARS AND MAY BE
22 RENEWED UPON APPLICATION.
23 (b) PRIOR TO INITIALLY SELECTING THE SCHOOLS THAT SHALL
24 RECEIVE GRANTS FROM THE SCHOOL VIOLENCE PREVENTION FUND, THE
25 BOARD SHALL HOLD AT LEAST TWO PUBLIC HEARING TO GATHER
26 INFORMATION CONCERNING THE CAUSES OF SCHOOL VIOLENCE AND THE
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1 EFFECTIVENESS OF EXISTING PROGRAMS TO REDUCE AND PREVENT SCHOOL
2 VIOLENCE.
3 (c) EACH SCHOOL THAT RECEIVES MONEYS PURSUANT TO THIS
4 SECTION SHALL BE SUBJECT TO THE REPORTING REQUIREMENT SPECIFIED
5 IN SECTION 24-32-2802.
6 (4) (a) (I) THERE IS HEREBY CREATED IN THE STATE TREASURY THE
7 SCHOOL VIOLENCE PREVENTION FUND, REFERRED TO IN THIS SUBSECTION
8 (4) AS THE "FUND". BEGINNING WITH THE 2000-01 FISCAL YEAR AND FOR
9 EACH FISCAL YEAR THEREAFTER IN WHICH THE STATE RECEIVES MONEYS
10 PURSUANT TO THE MASTER SETTLEMENT AGREEMENT, THE GENERAL
11 ASSEMBLY SHALL APPROPRIATE TO THE FUND THE LESSER OF THREE
12 MILLION DOLLARS OR THREE PERCENT OF THE AMOUNT RECEIVED BY THE
13 STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THE
14 PRECEDING FISCAL YEAR. IN ADDITION, THE FUND SHALL INCLUDE ALL
15 INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF THE MONEYS
16 IN THE FUND AND MAY INCLUDE MONEYS CREDITED THERETO FROM ANY
17 PUBLIC OR PRIVATE GIFTS, GRANTS, OR DONATIONS RECEIVED BY THE
18 BOARD FOR THE IMPLEMENTATION OF THIS SECTION. IT IS THE INTENT OF
19 THE GENERAL ASSEMBLY THAT STATE GENERAL FUND MONEYS NOT BE
20 APPROPRIATED TO PROVIDE ANY FUNDING FOR THE PURPOSES OF THIS
21 SECTION. NOTWITHSTANDING THE PROVISIONS OF SECTION 24-36-114, ALL
22 INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN
23 THE FUND SHALL BE CREDITED TO THE FUND. ANY AMOUNT REMAINING IN
24 THE FUND AT THE END OF ANY FISCAL YEAR SHALL] [BE TRANSFERRED TO
25 THE TOBACCO LITIGATION SETTLEMENT TRUST FUND CREATED IN SECTION
26 24-22-115.5, C.R.S. THE GENERAL ASSEMBLY SHALL APPROPRIATE THE
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1 AMOUNT SPECIFIED IN THIS PARAGRAPH (a) FROM MONEYS CREDITED TO
2 THE TOBACCO LITIGATION SETTLEMENT CASH FUND CREATED IN SECTION
3 24-22-115, C.R.S.
4 (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF
5 THIS PARAGRAPH (a), FOR THE FISCAL YEAR IN WHICH THE FIRST PAYMENT
6 OF MONEYS PURSUANT TO THE MASTER SETTLEMENT AGREEMENT IS
7 RECEIVED, THE PERCENTAGE APPROPRIATED TO THE FUND SHALL BE
8 CALCULATED ON THE TOTAL AMOUNT OF MONEYS RECEIVED BY THE STATE
9 PURSUANT TO THE MASTER SETTLEMENT AGREEMENT DURING THAT FISCAL
10 YEAR, MINUS THIRTY-THREE MILLION DOLLARS.
11 (b) THE FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY
12 THE GENERAL ASSEMBLY TO THE DEPARTMENT OF LOCAL AFFAIRS FOR THE
13 ISSUANCE OF GRANTS BY THE BOARD TO SCHOOLS THAT APPLY PURSUANT
14 TO THE PROVISIONS OF THIS SECTION. IN ADDITION, THE DEPARTMENT OF
15 LOCAL AFFAIRS MAY RETAIN UP TO TWO AND FIVE TENTHS PERCENT OF THE
16 AMOUNT ANNUALLY APPROPRIATED FROM THE FUND FOR THE ACTUAL
17 COSTS INCURRED BY THE DEPARTMENT AND THE BOARD IN IMPLEMENTING
18 THE PROVISIONS OF THIS SECTION.
19 SECTION 19. Effective date. This act shall take effect upon
20 passage; except that sections 9 and 10 of this act shall take effect July 1,
21 2001.]
22 SECTION {[20.]} Safety clause. The general assembly hereby
23 finds, determines, and declares that this act is necessary for the
24 immediate preservation of the public peace, health, and safety.