Grant program - rules - conflict of interest.

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(1) (a) The program shall fund medically accurate HIV and AIDS prevention and education programs through a competitive grant process that is overseen by the HIV and AIDS prevention grant program advisory committee, which is hereby created and referred to in this section as the "advisory committee". The advisory committee consists of seven members appointed by the executive director of the department as follows:

  1. One member who is recommended by the department's minority health advisory commission;

  2. Four members who are recommended by a statewide collaborative group that assiststhe department in the department's comprehensive plan for HIV and AIDS prevention;

  3. One member who has expertise in HIV and AIDS prevention and education; and

  4. One member who represents a clinic that receives moneys under part 3 of the federal "Ryan White C.A.R.E. Act of 1990", as amended.

  1. The composition of the advisory committee shall reflect, to the extent practical, Colorado's ethnic, racial, and geographic diversity.

  2. The grants administered pursuant to section 25-4-1403 are only subject to the restrictions provided for in this section and section 25-4-1403 and are not subject to the same restrictions as grants provided with federal moneys for HIV and AIDS prevention. The state board, upon recommendations of the advisory committee, shall adopt rules that specify, but need not be limited to, the following:

  1. The procedures and timelines by which an entity may apply for program grants;

  2. Grant application contents, in addition to those specified in section 25-4-1403 (4);

  3. Criteria for selecting the entities that receive grants and determining the amount andduration of the grants;

  4. Reporting requirements for entities that receive grants pursuant to this section; and(V) The qualifications of an adequate proposal.

  1. The advisory committee shall review the applications received pursuant to this section and submit to the state board and the executive director of the department recommended grant recipients, recommended grant amounts, and the duration of each recommended grant. In making recommendations for grants, the advisory committee shall consider the distribution of federal funds in the areas of HIV and AIDS prevention, education, and treatment. Within thirty days after receiving the advisory committee's recommendations, the executive director shall submit his or her recommendations to the state board. The state board has the final authority to approve the grants administered under this section and section 25-4-1403. If the state board disapproves a recommendation for a grant recipient, the advisory committee may submit a replacement recommendation within thirty days after disapproval. In making grant recommendations, the advisory committee shall follow the purpose of the program as outlined in section 25-4-1403. The state board shall award grants to the entities selected by the advisory committee, specifying the amount and duration of each grant award. In reviewing and approving grant applications, the advisory committee and the state board shall ensure that grants are distributed statewide and address the needs of both urban and rural residents of Colorado.

  2. If a member of the advisory committee has an immediate personal, private, or financial interest in any matter pending before the advisory committee, the member shall disclose the fact and shall not vote upon the matter.

Source: L. 2016: Entire part amended with relocations, (SB 16-146), ch. 230, p. 912, § 2, effective July 1.

Editor's note: This section is similar to former § 25-4-1414 as it existed prior to 2016.

Cross references: For the federal "Ryan White Comprehensive AIDS Resources Emergency Act of 1990", also referred to as the "Ryan White C.A.R.E. Act of 1990", see Pub.L. 101-381, codified at 42 U.S.C. § 300ff et seq.


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