(1) The general assembly hereby finds and declares that:
In 1992, the voters of this state approved section 20 of article X of the state constitution, which limits fiscal year spending of state government;
Section 20 (2)(e) of article X defines "fiscal year spending" to include all revenuesand expenditures except those for refunds and those from certain sources, such as federal funds and damage awards;
In exercising its legislative prerogative to enact legislation to implement section 20 of article X as it relates to state government, the general assembly enacted article 77 of this title during the 1993 regular session;
As part of this implementing legislation, the general assembly defined certain termsthat were necessary for the implementation of section 20 of article X but were not defined by the constitutional provision;
The general assembly defined "damage award" to include any pecuniary
compensation received by the state as a result of any judgment or allowance in favor of the state;
The exclusion from state fiscal year spending of monetary awards to the state as theresult of court action is consistent with the purpose of section 20 of article X, which is to protect taxpayers from unwarranted tax increases, since such monetary awards are not revenue raised by the state from taxpayers;
The inclusion in state fiscal year spending of revenue over which the state has nocontrol might imperil other state projects and programs, since fluctuations in such revenue can cause the state to exceed its constitutional spending limit and the refund of excess revenue could take away from another part of the state's budget;
Due to this potential impact, the inclusion of such monetary awards in state fiscalyear spending would discourage or prevent the state from pursuing legal action to protect the state's interests as authorized by law;
All of the moneys received by the state in accordance with the terms of the mastersettlement agreement, the smokeless tobacco master settlement agreement, and the consent decree entered by the court in the case denominated 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., Case No. 97 CV 3432, in the district court for the city and county of Denver, and credited to the tobacco litigation settlement cash fund created in section 24-22-115 (1), including moneys transferred to the tobacco settlement defense account created in said cash fund pursuant to section 24-22-115 (2), are in settlement of the state of Colorado's antitrust, consumer protection, public nuisance, racketeering, and other statutory claims for relief against defendants in said action;
(I) The moneys received by the state in accordance with said master settlement agreements and said consent decree are in settlement of nine statutory claims for relief made by the state against defendants in said action, three of which were based upon violations of the "Colorado Consumer Protection Act", two of which were based upon violations of the "Colorado Organized Crime Control Act", two of which were based upon violations of state public nuisance statutes, and only one of which was based upon violations of the "Colorado Antitrust Act of 1992" and the impact of such violations on increased health care costs and expenditures of the state; and
(II) The state will take any legal action necessary to oppose any claim of the federal government to any portion of the moneys received by the state in accordance with said master settlement agreements and said consent decree for claims not related to such increased health care costs and expenditures and for any amount of such moneys in excess of federal payments made for such increased health care costs and expenditures;
(k) Monetary awards to the state as the result of said court action, including those distributed to local governments, satisfy the definition of "damage awards" and therefore are excluded from fiscal year spending.
(2) (a) (I) For purposes of section 20 of article X of the state constitution and article 77 of this title, any moneys credited to the tobacco litigation settlement cash fund in accordance with section 24-22-115 (1), including moneys transferred to the tobacco settlement defense account created in said cash fund pursuant to section 24-22-115 (2), are damage awards, as defined in section 24-77-102 (2), or interest accruing on such damage awards. Any moneys credited to or expended from the tobacco litigation settlement cash fund, including the tobacco settlement defense account, are not included in state fiscal year spending, as defined in section 24-77-102 (17), for any state fiscal year.
(II) Repealed.
(b) For purposes of section 20 of article X of the state constitution and article 77 of this title, any moneys expended from the tobacco litigation settlement cash fund created in section 24-22-115 (1), including the tobacco settlement defense account created in said cash fund pursuant to section 24-22-115 (2), and received by any local government are damage awards or interest accruing on such damage awards and are not included in the fiscal year spending of the receiving local government for any budget year.
Source: L. 99: Entire section added, p. 192, § 1, effective March 31; (1)(i) and (2) amended, p. 1404, § 3, effective June 5. L. 2000: (1)(i) and (2) amended, p. 757, § 2, effective May 23. L. 2003: (2)(a) amended, p. 2547, § 5, effective June 5. L. 2016: (1)(i), (2)(a)(I), and (2)(b) amended, (HB 16-1408), ch. 153, p. 464, § 7, effective July 1.
Editor's note: (1) Section 4 of chapter 181, Session Laws of Colorado 2000, provides that the act amending subsections (1)(i) and (2) 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) Subsection (2)(a)(II)(B) provided for the repeal of subsection (2)(a)(II), effective December 15, 2003, unless the state treasurer and the tobacco litigation settlement financing corporation entered into at least one property sale contract pursuant to article 82.5 of this title. No such contract had been entered into as of December 15, 2003. (See L. 2003, p. 2547.)
Cross references: For the "Colorado Consumer Protection Act", see article 1 of title 6; for the "Colorado Organized Crime Control Act", see article 17 of title 18; for the "Colorado Antitrust Act of 1992", see article 4 of title 6.