2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 31 - DEPARTMENT OF LAW (§§ 24-31-101 — 24-31-1303) › Part 1 - ATTORNEY GENERAL (§§ 24-31-101 — 24-31-119) › Section 24-31-108 - Receipt of money - subject to appropriation - exception for custodial money - legal services cash fund - creation - definition -repeal

(1)
Any money received by the attorney general belonging to the state or received by the attorney general in his or her official capacity must be paid as soon as practicable to the department of the treasury and, generally, the attorney general has such legal duties in regard to the activities of the state and its various departments, boards, commissions, bureaus, and agencies as are imposed by law.
(2)
(a)
Except as otherwise provided in this section, any money received by the attorney general and paid to the department of the treasury pursuant to subsection (1) of this section is subject to annual appropriation by the general assembly.
(b)
The department may solicit, accept, and expend gifts, grants, and donations from public and private sources for the purpose of this article 31; except that the department may not accept a gift, grant, or donation that is subject to conditions inconsistent with this article 31 or any other law of the state. The department shall transmit all money it collects pursuant to this subsection (2)(b) to the state treasurer to be credited to the particular fund the department deems most appropriate. Gifts, grants, or donations that are credited to a fund under this subsection (2)(b) and that qualify as state money are continuously appropriated to the department for the purposes of this article 31.
(3)
Any money received by the attorney general as an award of attorney fees or costs that is not custodial money must be placed in a separate attorney fees and costs account and is subject to annual appropriation by the general assembly for legal services provided by the department.
(4)
There is hereby created in the state treasury the legal services cash fund, also referred to in this subsection (4) as the "fund". The department shall transmit all money received from state agencies as payment for legal services to the state treasurer, who shall credit the same to the fund. The money in the fund and all interest earned on such money is subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with providing legal services to state governmental entities and for any of the department's litigation expenses. Any unexpended money in the fund at the end of the fiscal year remains in the fund and shall not be credited or transferred to any other fund.
(4.5)
(a)
Notwithstanding any provision of law that requires the state treasurer to transfer money from the fund to the capital construction fund created in section 24-75-302 (1) or to any other fund, the state treasurer shall not make any such transfer if the joint budget committee notifies the state treasurer before the date on which the transfer is required to be made not to make the transfer after the attorney general notifies and certifies in writing to the joint budget committee of the general assembly that the transfer:
(I)
Is not compliant with federal and state laws governing the money to be transferred;
(II)
Is legally preempted by state constitutional restrictions, including but not limited to the limitation set forth in section 18 of article X of the state constitution, or a federal law governing the money to be transferred; or
(III)
Unlawfully transfers money in a manner that may terminate the qualification as an enterprise of any enterprise lawfully enacted under section 20 of article X of the state constitution.
(b)
This subsection (4.5) is repealed, effective July 1, 2025.
(5)
If all or a portion of any money received by the attorney general and paid to the department of the treasury pursuant to subsection (2) of this section is custodial money, the attorney general shall direct the state treasurer in writing to place such custodial money in a separate account. Any custodial money placed in a separate account pursuant to this subsection (5) is not subject to annual appropriation by the general assembly. A copy of the written direction to the state treasurer must be delivered to the joint budget committee. Such written direction must set forth the basis for the attorney general's determination that the money is custodial money and must specify the manner in which the money will be expended. Such written direction must be given to the state treasurer within thirty days after the date the money is paid to the department of the treasury. Any custodial money placed in a separate account pursuant to this subsection (5) must be expended only for the purposes for which the money has been provided. The department shall provide with its annual budget request an accounting of how custodial money has been or will be expended. For informational purposes, the expenditure of such money may be indicated in the annual general appropriation act.
(6)
(a)
As used in this section, unless the context otherwise requires, "custodial money" means money received by the attorney general:
(I)
That originated from a source other than the state of Colorado;
(II)
That is awarded or otherwise provided to the state for a particular purpose;
(III)
For which the state is acting as a custodian or trustee to carry out the particular purpose for which the money has been provided.
(b)
Notwithstanding subsection (6)(a) of this section, "custodial money" does not include the following:
(I)
Money in the tobacco litigation settlement cash fund created in section
24-22-115
; or
(II)
Tobacco litigation settlement money subject to appropriation or expenditure pursuant to section
24-22-115.6
.
Amended by 2024 Ch. 139,§ 1, eff. 4/29/2024.
Amended by 2020 Ch. 12, § 7, eff. 9/1/2020.
Amended by 2016 Ch. 153, § 8, eff. 7/1/2016.
Amended by 2014 Ch. 49, § 1, eff. 8/6/2014.
L. 2000: Entire section added, p. 257, § 1, effective March 31. L. 2012: (1) amended and (2.5) added, (HB 12 -1248), ch. 133, p. 133, § 1, effective July 1. L. 2014: (1)(b) amended, (SB 14 -107), ch. 228, p. 228, § 1, effective August 6. L. 2016: IP(4)(b) and (4)(b)(I) amended and (4)(b)(II) repealed, (HB 16-1408), ch. 464, p. 464, § 8, effective July 1. L. 2020: Entire section amended, (SB 20 -063), ch. 52, p. 52, § 7, effective September 14.