CO Code § 24-22-115 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 22 - State Treasurer|§ 24-22-115. Tobacco Litigation Settlement Cash Fund - Health Care Supplemental Appropriations and Overexpenditures Account - Creation - Repeal

(1) (a) There is hereby created in the state treasury the tobacco litigation settlement cash fund. The cash fund consists of all moneys transmitted to the state treasurer in accordance with the terms of the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated Case No. 97 CV 3432, in the district court for the city and county of Denver. Except as provided in subsection (2) of this section, all interest derived from the deposit and investment of moneys in the cash fund shall be credited to the cash fund; except that, beginning with the fiscal year 2001-02, and each fiscal year thereafter, all interest derived from the deposit and investment of moneys in the cash fund shall be credited to the breast and cervical cancer prevention and treatment fund created pursuant to section 25.5-5-308 , C.R.S. Except as provided in subsection (2) of this section, all moneys in the cash fund shall be subject to appropriation by the general assembly for such purposes as may be authorized by law in accordance with the terms of the settlement agreements and the consent decree.   State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc.,  (b) Except as otherwise provided in subsection (1)(d) of this section, on and after July 1, 2011, all unexpended and unencumbered moneys in the cash fund shall remain in the fund until expended in order to reduce the share of allocations made from current-year receipts of settlement moneys as required by section 24-75-1104.5 (1.3).   (c) Repealed.   (d) (I) On July 1, 2020, the state treasurer shall transfer twenty million dollars from the tobacco litigation settlement cash fund to the general fund.   (2) (a) There is hereby created in the state treasury, as an account within the tobacco litigation settlement cash fund established pursuant to subsection (1) of this section, the tobacco settlement defense account, which shall be used by the department of law: To defend the state in lawsuits arising out of challenges to or arising under the provisions of the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated Case No. 97 CV 3432, in the district court for the city and county of Denver, or duly enacted Colorado laws related to the tobacco litigation settlement, including, but without limitation, this section, section 24-22-116, and parts 2 and 3 of article 28 of title 39, C.R.S.; to defend the state against claims of entitlement to tobacco litigation settlement moneys by any person, as defined in section 2-4-401 (8), C.R.S.; to enforce and defend all rights and obligations of the state under said settlement agreements, decree, or laws; and to resolve any dispute with any participating manufacturer, as defined in section 39-28-302 (6), C.R.S., or nonparticipating manufacturer, as defined in section 39-28-302 (5), C.R.S., that arises under the provisions of said settlement agreements, decree, or laws. The tobacco settlement defense account may also be used by the department of revenue to help administer, coordinate, and support the activities of the department of revenue and the department of law, including the investigation of and response to settlement agreement manufacture and distribution reporting irregularities identified by the department of law. Notwithstanding the provisions of subsection (1) of this section, the tobacco settlement defense account consists of all tobacco litigation settlement moneys received by the attorney general and transmitted to the state treasurer to compensate the state for attorney fees, court costs, or other expenses incurred by the state in obtaining the tobacco litigation settlement, all tobacco litigation settlement moneys transferred to the account as required by section 24-75-1104.5 (1.7)(i), and all interest derived from the deposit and investment of moneys in the tobacco settlement defense account. Any moneys received by the state treasurer to compensate the state for attorney fees, court costs, or other expenses, including all interest derived from the deposit and investment of such moneys after receipt by the state treasurer, shall be transferred to the tobacco settlement defense account for use in accordance with the provisions of this subsection (2).  State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc.,  (b) (I) All money in the tobacco settlement defense account is subject to annual appropriation by the general assembly to the department of law and the department of revenue. Notwithstanding the provisions of subsection (1) of this section and except as otherwise provided in subsection (2)(b)(II) of this section, at the end of any fiscal year, all unexpended and unencumbered money and all money not appropriated for the following fiscal year in the tobacco settlement defense account remain in the tobacco settlement defense account to be used for the purposes set forth in this subsection (2).   (c) to (g) Repealed.   (3) (Deleted by amendment,L. 2007, p. 141, § 1, effective March 22, 2007.)   (4) Repealed.   Source: L. 99: Entire section added, p. 192, § 1, effective March 31; entire section amended, p. 1402, § 1, effective June 5. L. 2000: Entire section amended, p. 756, § 1, effective May 23. L. 2001, 2nd Ex. Sess.: (1) amended, p. 8, § 1, effective November 1. L. 2002: (2)(c) added, p. 153, § 9, effective March 27. L. 2003: (2)(d) added, p. 461, § 1, effective March 5; (1) amended, p. 2543, § 2, effective June 5; (1) amended and (2)(e) and (2)(f) added, pp. 2560, 2561, §§ 1, 2, effective June 5; (1) amended, p. 2501, § 2, effective June 5. L. 2004: (1) amended and (3) added, p. 1705, § 1, effective June 4; (1) amended, p. 1566, § 3, effective January 1, 2005. L. 2006: (1) and (3) amended, p. 1036, § 5, effective May 25; (1) amended, p. 2007, § 70, effective July 1. L. 2007: (1) and (3) amended, p. 141, § 1, effective March 22; (2)(a) amended, p. 1262, § 1, effective May 25; (4) added, p. 1996, § 1, effective June 1. L. 2008: (4)(a) amended, p. 388, § 1, effective April 10. L. 2009: (4)(a) amended, (HB 09-1223), ch. 103, p. 379, § 1, effective April 3; (1)(b) amended, (SB 09-210), ch. 124, p. 528, § 1, effective April 16; (2)(g) added, (HB 09-1173), ch. 372, p. 2016, § 1, effective August 5. L. 2011: (1)(b) amended, (SB 11-225), ch. 189, p. 728, § 1, effective May 19; (4)(c) added, (SB 11-226), ch. 190, p. 733, § 2, effective May 19. L. 2012: (1)(b) amended, (HB 12-1247), ch. 53, p. 192, § 2, effective March 22. L. 2013: (2)(a) amended, (HB 13-1180), ch. 200, p. 812, § 1, effective May 11. L. 2015: (2)(a) and (2)(b) amended, (SB 15-188), ch. 103, p. 298, § 1, effective April 16. L. 2016: (1) and (2)(a) amended and (2)(c), (2)(d), (2)(e), (2)(f), and (4) repealed, (HB 16-1408), ch. 153, pp. 462, 472, § § 5, 26, effective July 1. L. 2018: (1)(c) added, (SB 18-280), ch. 409, p. 2400, § 1, effective June 6. L. 2020: (1)(b) and (2)(b) amended and (1)(d) added, (HB 20-1380), ch. 170, p. 780, § 1, effective June 29.   Editor's note: (1) Section 4 of chapter 181, Session Laws of Colorado 2000, provides that the act amending this section applies to all moneys transmitted to the state treasurer before, on, or after May 23, 2000, to compensate the state for attorney fees, court costs, and other expenses incurred by the state in obtaining the tobacco litigation settlement.   (2) Amendments to subsection (1) by Senate Bill 03-268, Senate Bill 03-282, and Senate Bill 03-342 were harmonized. Amendments to subsection (1) by House Bill 06-1310 and Senate Bill 06-219 were harmonized.   (3) Subsection (2)(g)(II) provided for the repeal of subsection (2)(g), effective July 1, 2011. (SeeL. 2009, p. 2016.)   (4) Subsection (1)(c)(II) provided for the repeal of subsection (1)(c), effective July 1, 2019. (SeeL. 2018, p. 2400.)