(1) There is hereby created in the state treasury the local government limited gaming impact fund, referred to in this part 13 as the "fund", and within the fund, there is created the limited gaming impact account and the gambling addiction account. The fund consists of money transferred to the fund pursuant to section 44-30-701 (2)(a)(III) and money appropriated to the fund by the general assembly. Of the money in the fund, ninety-eight percent shall be allocated to the limited gaming impact account and two percent shall be allocated to the gambling addiction account. Money in the limited gaming impact account shall be used to provide financial assistance to eligible local government entities for documented gaming impacts and to award grants for the provision of gambling addiction counseling, including prevention and education, to Colorado residents. For the purposes of this part 13, "documented gaming impacts" means the documented expenses, costs, and other impacts, and the provision of gambling addiction counseling, including prevention and education, to Colorado residents, incurred directly as a result of limited gaming permitted in the counties of Gilpin and Teller and on Indian lands.
(2) (a) After considering the recommendations of the local government limited gaming impact advisory committee created in section 44-30-1302, the money 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 money in the limited gaming impact account shall remain available for expenditure in any subsequent fiscal year without further appropriation by the general assembly.
(b) (I) For the 2008-09 fiscal year and each fiscal year thereafter, the executive director of the department of human services shall use the money 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 money 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 subsection (2)(b). The executive director of the department of human services shall award grants 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. The executive director of the department of human services shall award ten percent of the money 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 must 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 a fiscal year, all unexpended and unencumbered money in the gambling addiction account remains in the account and does not revert to the general fund or any other fund or account.
(II) Notwithstanding section 24-1-136 (11)(a)(I), 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:
The amount of money allocated to the gambling addiction account pursuant to subsection (1) of this section;
The number of grant applications received and the total amount of grant moneyrequested by grant applicants;
The total amount of money in the gambling addiction account that was awarded asgrants to applicants; and
The entities or programs that received grants and the amount of grant money eachgrant recipient received.
(III) This subsection (2)(b) is repealed, effective September 1, 2022. The state treasurer shall transfer any money remaining in the gambling addiction account on August 31, 2022, to the limited gaming impact account.
(c) For the purposes of this part 13, the term "eligible local governmental entity" means the following local governmental entities:
The counties of Boulder, Clear Creek, Grand, Jefferson, El Paso, Fremont, Park, Douglas, Gilpin, Teller, La Plata, Montezuma, and Archuleta;
Any municipality located within the boundaries of any county set forth in subsection(2)(c)(I) of this section, except the City of Central, the City of Black Hawk, and the City of Cripple Creek; and
Any special district providing emergency services within the boundaries of any county set forth in subsection (2)(c)(I) of this section.
Notwithstanding the provisions of subsection (2)(c)(II) of this section, neither theCity of Woodland Park nor the City of Victor shall be eligible local governmental entities prior to July 1, 2002.
Notwithstanding any other provision of this section, money accruing to the fund onand after July 1, 2019, and any previously transferred unencumbered money in the fund on July 1, 2020, 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, 2021.
Source: L. 2018: (1) amended, (SB 18-191), ch. 291, p. 1794, § 2, effective May 29; entire article added with relocations, (SB 18-034), ch. 14, p. 229, § 2, effective October 1. L. 2020: (1) and (4) amended, (HB 20-1399), ch. 214, p. 1032, § 2, effective June 30.
Editor's note: (1) This section is similar to former § 12-47.1-1601 as it existed prior to 2018.
(2) Subsection (1) of this section was numbered as § 12-47.1-1601 (1)(a) in SB 18-191. That provision was harmonized with and relocated to this section as this section appears in SB 18-034, resulting in the relettering of the provisions in subsection (1) to conform to statutory format.