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Legislative

 

PDF pdf file -  (C.R.S. 12-47.1-1601) Local government limited gaming impact fund

 

PDF pdf file -  (C.R.S.  12-47.1-1602) Local government limited gaming impact advisory committee

 

 

LOCAL GOVERNMENT LIMITED GAMING IMPACT FUND
12-47.1-1601. Local government limited gaming impact fund - repeal.

 

 (1) (a) There is hereby created in the office of the state treasurer the local government limited
gaming impact fund, referred to in this part 16 as the "fund", and within the fund, there is created
the limited gaming impact account and the gambling addiction account. Of the moneys
transferred to the fund pursuant to subsection (2) of this section, ninety-eight percent shall be
allocated to the limited gaming impact account and two percent shall be allocated to the
gambling addiction account. Moneys in the limited gaming impact account shall be used to
provide financial assistance to designated local governments for documented gaming impacts,
and moneys in the gambling addiction account shall be used to award grants for the provision of
gambling addiction counseling, including prevention and education, to Colorado residents. For
the purposes of this part 16, "documented gaming impacts" means the documented expenses,
costs, and other impacts incurred directly as a result of limited gaming permitted in the counties
of Gilpin and Teller and on Indian lands.
(b) and (c) Repealed.
(2) Out of the fifty percent share to be transferred to the general fund pursuant to section 9
(5) (b) (II) of article XVIII of the state constitution, an aggregate total of thirteen percent shall be
transferred annually to the fund.
(3) (Deleted by amendment, L. 2006, p. 1665, § 5, effective June 5, 2006.)
(4) (a) (I) After considering the recommendations of the local government limited gaming
impact advisory committee created in section 12-47.1-1602, the moneys from the limited gaming
impact account shall be distributed at the authority of the executive director of the department of
local affairs to eligible local governmental entities upon their application for grants to finance
planning, construction, and maintenance of public facilities and the provision of public services
related to the documented gaming impacts. At the end of any fiscal year, all unexpended and
unencumbered moneys in the limited gaming impact account shall remain available for
expenditure in any subsequent fiscal year without further appropriation by the general assembly.
(II) Notwithstanding any provision of this paragraph (a) to the contrary, on April 15, 2010,
the executive director of the department of local affairs shall distribute the moneys from the
limited gaming impact account that were transferred in the 2008-09 state fiscal year for use in
the 2009-10 state fiscal year.
(a.5) (I) For the 2008-09 fiscal year and each fiscal year thereafter, the executive director of
the department of human services shall use the moneys in the gambling addiction account to
award grants for the purpose of providing gambling addiction counseling services to Colorado
residents. The department of human services may use a portion of the moneys in the gambling
addiction account, not to exceed ten percent in the 2008-09 fiscal year and five percent in each
fiscal year thereafter, to cover the department's direct and indirect costs associated with
administering the grant program authorized in this paragraph (a.5). Grants shall be awarded to
state or local public or private entities or programs that provide gambling addiction counseling
services and that have or are seeking nationally accredited gambling addiction counselors. For
the 2008-09 through 2011-12 fiscal years, the executive director of the department of human
services shall award ten percent of the moneys in the gambling addiction account in grants to
addiction counselors who are actively pursuing national accreditation as gambling addiction
counselors. In order to qualify for an accreditation grant, an addiction counselor applicant shall
provide sufficient proof that he or she has completed at least half of the counseling hours
required for national accreditation. The executive director of the department of human services
shall adopt rules establishing the procedure for applying for a grant from the gambling addiction
account, the criteria for awarding grants and prioritizing applications, and any other provision
necessary for the administration of the grant applications and awards. Neither the entity,
program, or gambling addiction counselor providing the gambling addiction counseling services
nor the recipients of the counseling services need to be located within the jurisdiction of an
eligible local governmental entity in order to receive a grant or counseling services. At the end of
any fiscal year, all unexpended and unencumbered moneys in the gambling addiction account
shall remain in the account and shall not revert to the general fund or any other fund or account.
(II) By January 1, 2009, and by each January 1 thereafter, the department of human services
shall submit a report to the health and human services committees of the senate and house of
representatives, or their successor committees, regarding the grant program. The report shall
detail the following information for the fiscal year in which the report is submitted:
(A) The amount of moneys allocated to the gambling addiction account pursuant to
paragraph (a) of subsection (1) of this section;
(B) The number of grant applications received and the total amount of grant moneys
requested by grant applicants;
(C) The total amount of moneys in the gambling addiction account that was awarded as
grants to applicants; and
(D) The entities or programs that received grants and the amount of grant moneys each grant
recipient received.
(III) This paragraph (a.5) is repealed, effective July 1, 2013. Any moneys remaining in the
gambling addiction account on June 30, 2013, shall be transferred to the limited gaming impact
account.
(b) For the purposes of this part 16, the term "eligible local governmental entity" means the
following local governmental entities:
(I) The counties of Boulder, Clear Creek, Grand, Jefferson, El Paso, Fremont, Park, Douglas,
Gilpin, Teller, La Plata, Montezuma, and Archuleta;
(II) Any municipality located within the boundaries of any county set forth in subparagraph
(I) of this paragraph (b), except the City of Central, the City of Black Hawk, and the City of
Cripple Creek; and
(III) Any special district providing emergency services within the boundaries of any county
set forth in subparagraph (I) of this paragraph (b).
(5) Notwithstanding the provisions of subparagraph (II) of paragraph (b) of subsection (4) of
this section, neither the City of Woodland Park nor the City of Victor shall be eligible local
governmental entities prior to July 1, 2002.
(6) (a) (I) Notwithstanding any other provision of this section, moneys accruing to the fund
on and after July 1, 2002, and any previously transferred unencumbered moneys in the fund on
July 1, 2003, shall be transferred to the general fund. Transfers to the fund shall resume as
otherwise provided in this section for any state fiscal year commencing on or after July 1, 2004.
(II) Notwithstanding any provision of this section to the contrary, on April 20, 2009, the state
treasurer shall deduct nine hundred fifty thousand dollars from the fund and transfer such sum to
the general fund.
(b) If the total amount of revenues collected by the department for state taxes paid pursuant
to the tax amnesty program established in section 39-21-201, C.R.S., exceeds the amount of five
million dollars, then an amount equal to the amount of any such excess shall be transferred from
the general fund to the fund on or before September 1, 2003. In no event shall the amount
transferred pursuant to this paragraph (b) exceed the amount transferred to the general fund
pursuant to paragraph (a) of this subsection (6).
(7) Notwithstanding any provision of this section to the contrary, on June 1, 2009, the state
treasurer shall deduct one hundred thousand dollars from the fund and transfer such sum to the
general fund.
(8) Notwithstanding any provisions of this section to the contrary, on June 30, 2010, the state
treasurer shall deduct two million dollars from the fund and transfer such sum to the general
fund.
Source: L. 97: Entire part added, p. 1373, § 1, effective July 1. L. 2000: (4)(a) amended, p.
1983, § 1, effective July 1. L. 2003: (6) added, p. 1499, § 2, effective May 1. L. 2006: (2) and
(3) amended, p. 1665, § 5, effective June 5. L. 2008: (1)(b) and (1)(c) repealed, p. 554, § 12,
effective July 1; (1)(a) and (4)(a) amended and (4)(a.5) added, p. 1736, § 1, effective August 5.
L. 2009: (6)(a) amended, (SB 09-208), ch. 149, p. 619, § 5, effective April 20; (7) added, (SB
09-279), ch. 367, p. 1925, § 2, effective June 1. L. 2010: (4)(a) amended and (8) added, (HB
10-1339), ch. 136, pp. 456, 457, §§ 2, 3, effective April 15.


12-47.1-1602. Local government limited gaming impact advisory committee

 

(1) There is hereby created within the department of local affairs a local government limited
gaming impact advisory committee, referred to in this section as the "committee". The
committee shall be composed of the following thirteen members:
(a) The executive director of the department of local affairs;
(b) Two members, one of whom shall be appointed by and serve at the pleasure of the
executive director of the department of public safety and one who shall be appointed by and
serve at the pleasure of the executive director of the department of revenue;
(c) Three members representing the counties eligible to receive moneys from the fund
pursuant to section 12-47.1-1601 (4) who shall serve at the pleasure of the boards and who shall
be appointed as follows:
(I) One member shall be appointed by the chairs of the boards of county commissioners from
the counties impacted by gaming in the City of Cripple Creek who shall serve a term of four
years, except the initial appointee who shall serve a term of two years;
(II) One member shall be appointed by the chairs of the boards of county commissioners
from the counties impacted by gaming in the City of Central and the City of Black Hawk who
shall serve a term of four years; and
(III) One member shall be appointed by the chairs of the boards of county commissioners
from the counties impacted by tribal gaming who shall serve a term of four years.
(d) Two members representing the municipalities eligible to receive moneys from the fund
pursuant to section 12-47.1-1601 (4) to be appointed by the mayors of the municipalities and
who shall serve at the pleasure of the mayors for terms of four years; except that one of the
initial appointees shall serve a term of two years. Not more than one member shall be selected
pursuant to this paragraph (d) from each of the groups of counties described in subparagraphs (I)
to (III) of paragraph (c) of this subsection (1).
(e) One member representing the special districts providing emergency services that are
eligible to receive moneys from the fund pursuant to section 12-47.1-1601 (4) to be appointed by
and who shall serve at the pleasure of the director of the division in the department of public
health and environment responsible for statewide emergency medical and trauma services
management;
(f) One member of the Colorado house of representatives to be appointed by the speaker of
the house of representatives and who shall serve at the pleasure of the speaker;
(g) One member of the Colorado senate to be appointed by the president of the senate and
who shall serve at the pleasure of the president; and
(h) Two members representing the governor, to be appointed by the governor and who shall
serve at the pleasure of the governor.
(1.5) The terms of the members appointed by the speaker of the house of representatives and
the president of the senate who are serving on March 22, 2007, shall be extended to and expire
on or shall terminate on the convening date of the first regular session of the sixty-seventh
general assembly. As soon as practicable after such convening date, the speaker and the
president shall each appoint or reappoint one member in the same manner as provided in
paragraphs (f) and (g) of subsection (1) of this section. Thereafter, the terms of the members
appointed or reappointed by the speaker and the president shall expire on the convening date of
the first regular session of each general assembly, and all subsequent appointments and
reappointments by the speaker and the president shall be made as soon as practicable after such
convening date. The person making the original appointment or reappointment shall fill any
vacancy by appointment for the remainder of an unexpired term. Members appointed or
reappointed by the speaker and the president shall serve at the pleasure of the appointing
authority and shall continue in office until the member's successor is appointed.
(2) The executive director of the department of local affairs shall convene the first meeting of
the committee. The committee shall select a chair of the committee, from among the committee
members, who shall convene the committee from time to time as the committee deems
necessary.
(3) The committee shall have the following duties:
(a) To establish a standardized methodology and criteria for documenting, measuring,
assessing, and reporting the documented gaming impacts upon eligible local governmental
entities;
(b) To review the documented gaming impacts upon eligible local governmental entities on a
continuing basis;
(c) To review grant applications from eligible local governmental entities, individually or in
cooperation with other eligible local governmental entities, based upon the needs of the entities
and the documented gaming impacts on the entities;
(d) To make funding recommendations on a continuing basis to be considered by the
executive director in making funding decisions for grant applications submitted by eligible local
governmental entities pursuant to section 12-47.1-1601 (4) (a).
(e) Repealed.
Source: L. 97: Entire part added, p. 1375, § 1, effective July 1. L. 2006: (3)(e) repealed, p.
1666, § 6, effective June 5. L. 2007: (1.5) added, p. 177, § 6, effective March 22. L. 2009: (1)(e)
amended, (SB 09-292), ch. 369, p. 1947, § 25, effective August 5.