Section 28-5-709 - Colorado state veterans trust fund - created - report(1)(a) There is hereby created in the state treasury the Colorado state veterans trust fund, which consists of the moneys transferred thereto pursuant to subsection (2) of this section. In addition, the state treasurer may credit to the trust fund any public or private gifts, grants, or donations received prior to July 1, 2002, by the department of human services or, on or after July 1, 2002, by the department of military and veterans affairs for implementation of the purposes specified in this subsection (1).(b) The moneys in the trust fund shall be used for:(I) Capital improvements or needed amenities for existing or future veterans community living centers;(II) Costs incurred by existing or future state veterans cemeteries;(III) Costs incurred by the division; and(IV) Veterans programs operated by nonprofit veterans organizations that meet criteria adopted by the board and that are selected by the board as grant recipients.(c) The division may retain up to five percent of the amount annually appropriated from the trust fund for the actual costs incurred by the division and the board in implementing the provisions of this article 5. Notwithstanding the provisions of section 24-36-114, all interest derived from the deposit and investment of money in the trust fund shall be credited to the trust fund. All unexpended and unencumbered money remaining in the trust fund at the end of any fiscal year shall remain in the trust fund and shall neither revert to the general fund nor be transferred or credited to any other fund.(2)(a) Pursuant to section 24-75-1104.5 (1.7)(l), C.R.S., and except as otherwise provided in section 24-75-1104.5 (5), C.R.S., beginning in the 2016-17 fiscal year, and for each fiscal year thereafter so long as the state receives moneys pursuant to the master settlement agreement, the state treasurer shall annually transfer to the trust fund one percent of the total amount received by the state pursuant to the provisions of the master settlement agreement, other than attorney fees and costs, during the preceding fiscal year. The state treasurer shall transfer the amount specified in this subsection (2) from moneys credited to the tobacco litigation settlement cash fund created in section 24-22-115, C.R.S.(3)(a)(I) All of the funds appropriated to the trust fund pursuant to subsection (2) of this section in fiscal year 2000-01 shall be credited to the trust fund and retained as principal in the trust fund.(II) For fiscal years 2001-02 through 2005-06, seventy-five percent of the amount of annual appropriations made pursuant to subsection (2) of this section, shall be credited to the trust fund and retained as principal in the trust fund. For fiscal years 2001-02 through 2005-06, twenty-five percent of the amount of annual appropriations made pursuant to subsection (2) of this section, and one hundred percent of any interest earned on the principal in the trust fund shall be subject to annual appropriation by the general assembly and may be allocated by the board for the purposes outlined in subsection (1) of this section.(III) For fiscal years 2006-07 and 2007-08, seventy-five percent of the amount of the annual transfer made pursuant to subsection (2) of this section shall be credited to the trust fund and retained as principal in the trust fund. For fiscal years 2006-07 and 2007-08, twenty-five percent of the amount of the annual transfer made pursuant to subsection (2) of this section and one hundred percent of any interest earned on the principal in the trust fund shall be subject to annual appropriation by the general assembly and may be allocated by the board for the purposes outlined in subsection (1) of this section.(b)(I) Notwithstanding the provisions of paragraph (a) of this subsection (3): (A) For the 2003-04 through 2006-07 fiscal years, twenty-five percent of the amount of annual transfers made pursuant to subsection (2) of this section shall be credited to the trust fund and retained as principal in the trust fund, and seventy-five percent of the amount of annual transfers made pursuant to subsection (2) of this section and one hundred percent of any interest earned on the principal in the trust fund shall be subject to annual appropriation by the general assembly and may be allocated by the board for the purposes outlined in subsection (1) of this section.(B) For the 2007-08 fiscal year, thirty-five percent of the amount of the annual transfer made pursuant to subsection (2) of this section shall be credited to the trust fund and retained as principal in the trust fund, and sixty-five percent of the amount of the annual transfer made pursuant to subsection (2) of this section and one hundred percent of any interest earned on the principal in the trust fund shall be subject to annual appropriation by the general assembly and may be allocated by the board for the purposes outlined in subsection (1) of this section.(C) to (E) (Deleted by amendment, L. 2009, (HB 09-1329), ch. 2122, p. 2122, § 1, effective June 2, 2009.)(II) (Deleted by amendment, L. 2009, (HB 09-1329), ch. 2122, p. 2122, § 1, effective June 2, 2009.)(c) For the 2008-09 fiscal year and each fiscal year thereafter, ten percent of the amount of the annual transfer made pursuant to subsection (2) of this section shall be credited to the trust fund and retained as principal in the trust fund, and ninety percent of the amount of the annual transfer made pursuant to subsection (2) of this section and one hundred percent of any interest earned on the principal in the trust fund shall be subject to annual appropriation by the general assembly.(4)(a) Funds shall be allocated out of the trust fund using the following process: (I) The director of the state and veterans nursing homes or the director of the division of veterans affairs shall submit to the board a written request for funds to be used for the purposes described in subsection (1) of this section; or(II) A nonprofit veterans organization, in compliance with the procedures and timelines adopted by the board, shall submit to the board a grant application, in a form adopted by the board, requesting funding for a veterans program.(b) The board shall vote on each request for funds and on each grant application submitted by a nonprofit veterans organization that meets the criteria established by the board. A majority vote shall be sufficient to approve an allocation of moneys out of the trust fund.(5) The board shall adopt guidelines that address, at a minimum, the following issues: (a) The form of an application for use by nonprofit veterans organizations in applying for grants pursuant to this section;(b) Criteria for identifying nonprofit veterans organizations that may apply for and receive grants pursuant to this section;(c) Criteria for selecting appropriate veterans programs to receive grants pursuant to this section;(d) The term and amounts of grants awarded to nonprofit veterans organizations pursuant to this section; and(e) Standards for determining the effectiveness of veterans programs that receive grants pursuant to this section.(6) The department may contract with one or more private or public entities for program monitoring and evaluation of any veterans program operated by a nonprofit veterans organization that receives funding pursuant to this section. The board may allocate funds to the division for the costs incurred in entering into such contracts.(7)(a) The board shall prepare a report evaluating the implementation of this section, including the number and type of improvements or additions to nursing homes that have been made, the number and type of improvements to veterans cemeteries, the number of veterans served through the veterans outreach program, the number and types of veterans programs operated by nonprofit veterans organizations that receive grants pursuant to this section, and the results achieved as a result of allocations made out of the trust fund.Amended by 2021 Ch. 423, § 30, eff. 7/2/2021.Amended by 2020 Ch. 170, § 5, eff. 6/29/2020.Amended by 2016 Ch. 153,§ 26, eff. 7/1/2016.Amended by 2016 Ch. 153,§ 25, eff. 7/1/2016.Amended by 2015 Ch. 104, § 7, eff. 4/16/2015.Amended by 2014 Ch. 59, § 32, eff. 8/6/2014.Amended by 2013 Ch. 316, § 89, eff. 8/7/2013.Amended by 2013 Ch. 400, § 1, eff. 6/5/2013.L. 2002: Entire part added with relocations, p. 351, § 3, effective July 1; (1)(a) amended, p. 689, § 4, effective July 1. L. 2003: (3.5) added, p. 464, § 6, effective March 5; (1)(b)(III), (2)(a), and (3) amended, p. 2565, § 9, effective June 5. L. 2004: (2)(a) amended and (2)(b) repealed, p. 1713, §§ 15, 16, effective June 4. L. 2005: (1)(b)(I.5) added, p. 597, § 3, effective July 1. L. 2006: (1)(a), (2)(a), (3)(a), and (3)(b)(I) amended, pp. 1040, 1041, §§ 11, 13, effective May 25; (3)(b) amended, p. 1108, § 1, effective May 25; (1)(a) amended, p. 145, § 25, effective August 7. L. 2008: (3.5) amended, p. 867, § 1, effective August 5. L. 2009: (2)(a) amended, (SB 09-269), ch. 1769, p. 1769, § 10, effective June 1; (3)(a)(III), (3)(b)(I)(C), (3)(b)(I)(D), (3)(b)(I)(E), and (3)(b)(II) amended and (3)(c) added, (HB 09-1329), ch. 393, pp. 2122, 2123, §§ 1, 2, effective June 2. L. 2010: (1)(b)(III) and (1)(b)(IV) amended and (1)(b)(V) added, (HB 10-1140), ch. 463, p. 463, § 2, effective April 16. L. 2013: (1)(b)(I.5) repealed, (HB 13-1300), ch. 1692, p. 1692, § 89, effective August 7; (3.5)(c) added, (SB 13-235), ch. 2336, p. 2336, §1, effective June 5. L. 2014: (1)(b)(I) amended, (SB 14 -096), ch. 274, p. 274, § 32, effective August 6. L. 2015: (7)(b) repealed, SB 15-189, ch. 104, p. 305, § 7, effective April 16. L. 2016: (1)(a) and (2)(a) amended and (3.5) repealed, (HB 16-1408), ch. 153, p 472, §§ 25, 26, effective July 1. L. 2020: (1)(c) amended, (HB 20-1380), ch. 784, p. 784, § 5, effective June 29. L. 2021: (1)(c) amended, (SB 21-266), ch. 2804, p. 2804, § 30, effective July 2.(1) This section is similar to former § 26-10-111 as it existed prior to 2002.
(2) Amendments to subsection (1)(a) by House Bill 06-1310 and Senate Bill 06-033 were harmonized.
(3) Subsection (1)(b)(V)(B) provided for the repeal of subsection (1)(b)(V), effective July 1, 2012. (See L. 2010, p. 463.)
For the legislative declaration contained in the 2005 act enacting subsection (1)(b)(I.5), see section 1 of chapter 168, Session Laws of Colorado 2005. For the legislative declaration in the 2010 act amending subsections (1)(b)(III) and (1)(b)(IV) and adding subsection (1)(b)(V), see section 1 of chapter 138, Session Laws of Colorado 2010.