Colorado § 25-3.5-804 - Tobacco education, prevention, and cessation programs - review committee - grants - reimbursement for expenses - rules.

§ 25-3.5-804. Tobacco education, prevention, and cessation programs - review committee - grants - reimbursement for expenses - rules.

(1) There is hereby created the tobacco education, prevention, and cessation grant program to provide funding for community-based and statewide tobacco education programs designed to reduce initiation of tobacco use by children and youth, promote cessation of tobacco use among youth and adults, and reduce exposure to secondhand smoke. Any such tobacco programs may be presented in combination with other substance abuse programs. The program shall be administered by the division within the department and coordinated with efforts pursuant to article 7 of title 44. The state board shall award grants to selected entities from money appropriated to the department from the tobacco education programs fund created in section 24-22-117.

(2) The state board shall adopt rules that specify, but are not necessarily limited to, the following:

(a) The procedures and timelines by which an entity may apply for program grants;

(b) Grant application contents;

(c) Criteria for selecting those entities that shall receive grants and determining the amount and duration of said grants;

(d) Reporting requirements for entities that receive grants pursuant to this part 8.

(3) (a) The division shall review the applications received pursuant to this part 8 and make recommendations to the state board regarding those entities that may receive grants and the amounts of the grants. On and after October 1, 2005, the review committee shall review the applications received pursuant to this part 8 and submit to the state board and the director of the department recommended grant recipients, grant amounts, and the duration of each grant. Within thirty days after receiving the review committee's recommendations, the director shall submit the director's recommendations to the state board. The review committee's recommendations regarding grantees of the Tony Grampsas youth services grant program, created in section 26-6.8-102, pursuant to section 25-3.5-805 (5) shall be submitted to the state board and the department of human services. Within thirty days after receiving the review committee's recommendations, the department of human services shall submit its recommendations to the state board. The state board has the final authority to approve the grants under this part 8. If the state board disapproves a recommendation for a grant recipient, the review committee may submit a replacement recommendation within thirty days. In reviewing grant applications for programs to provide tobacco education, prevention, and cessation programs for persons with behavioral or mental health disorders, the division or the review committee shall consult with the programs for public psychiatry at the university of Colorado health sciences center, the National Alliance on Mental Illness, Mental Health Colorado, and the department of human services.

(b) The state board shall award grants to the selected entities, specifying the amount and duration of the award. No grant awarded pursuant to this part 8 shall exceed three years without renewal. Of the amount awarded each year pursuant to the provisions of this part 8, the state board shall award at least one-third of the amount to entities that provide tobacco education, prevention, and cessation programs, solely or in combination with substance abuse programs, to school-age children.

(4) In implementing the program, the division shall survey the need for trained teachers, health professionals, and others involved in providing tobacco education, prevention, and cessation programs. To the extent the division determines there is a need, the division may provide technical training and assistance to entities that receive program grants pursuant to this part 8.

(5) (a) There is hereby created in the division the tobacco education, prevention, and cessation grant program review committee. The review committee is responsible for ensuring that program priorities are established consistent with the Colorado tobacco prevention and control strategic plan, overseeing program strategies and activities, and ensuring that the program grants are in compliance with section 25-3.5-805.

(b) The review committee shall consist of the following sixteen members:

(I) The director of the department or the director's designee;

(II) Five members who shall be appointed by the director of the department, one of whom shall include the director of the tobacco education, prevention, and cessation program within the division and four of whom shall be staff of the program with expertise in tobacco prevention among youth, reducing exposure to secondhand smoke, tobacco cessation, or public education;

(III) Eight members who shall be appointed by the state board as follows:

(A) One member who is a member of the state board;

(B) One member who is a representative of a local public health agency;

(C) One member who is a representative of a statewide association representing physicians;

(D) One member who is a representative of an association representing family physicians;

(E) One member who is a representative of the Colorado department of education;

(F) One member who is a representative of the university of Colorado health sciences center who has expertise in evaluation;

(G) One member who represents a sociodemographic disadvantaged population in Colorado; and

(H) One member who is a representative of a statewide nonprofit organization with a demonstrated expertise in and commitment to tobacco control;

(IV) The president of the senate shall appoint one member of the senate;

(V) The speaker of the house of representatives shall appoint one member of the house of representatives.

(c) (I) Except as provided in subparagraph (II) of this paragraph (c), members of the review committee shall serve three-year terms; except that of the members initially appointed to the review committee, five members appointed by the state board shall serve two-year terms. Members of the review committee appointed pursuant to subparagraph (III) of paragraph (b) of this subsection (5) shall not serve more than two consecutive terms.

(II) The terms of the members appointed by the speaker of the house of representatives and the president of the senate and 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 appoint or reappoint members in the same manner as provided in subparagraphs (IV) and (V) of paragraph (b) of this subsection (5). Thereafter, the terms of 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 shall serve at the pleasure of the appointing authority and shall continue in office until the member's successor is appointed.

(d) The composition of the review committee shall reflect, to the extent practical, Colorado's ethnic, racial, and geographic diversity.

(e) Except as otherwise provided in section 2-2-326, members of the review committee shall be reimbursed from money deposited in the tobacco education programs fund created in section 24-22-117 for their actual and necessary expenses incurred in the performance of their duties pursuant to this part 8.

(f) The review committee shall elect from its membership a chair and a vice-chair of the committee.

(g) The division shall provide staff support to the review committee.

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

Source: L. 2000: Entire part added, p. 615, § 13, effective May 18. L. 2005: (1) amended, p. 911, § 16, effective June 2; (1) and (3)(a) amended and (5) added, p. 932, § 24, effective June 2. L. 2007: (5)(c) amended, p. 187, § 23, effective March 22. L. 2009: (1) amended, (SB 09-292), ch. 369, p. 1970, § 86, effective August 5. L. 2013: (3)(a) amended, (HB 13-1117), ch. 169, p. 590, § 23, effective July 1. L. 2014: (5)(e) amended, (SB 14-153), ch. 390, p. 1964, § 21, effective June 6. L. 2017: (3)(a) amended, (SB 17-242), ch. 263, p. 1324, § 190, effective May 25. L. 2018: (3)(a) amended, (SB 18-091), ch. 35, p. 387, § 23, effective August 8; (1) amended, (SB 18-036), ch. 34, p. 377, § 6, effective October 1. L. 2023: (5)(e) amended, (SB 23-210), ch. 251, p. 1430, § 5, effective May 24. L. 2025: (3)(a) amended, (SB 25-197), ch. 256, p. 1287, § 10, effective August 6; (5)(a) amended, (SB 25-275), ch. 377, p. 2078, § 213, effective August 6. L. 2026: (3)(a) amended, (SB 26-169), ch. 311, p. 1808, § 41, effective August 12.

Editor's note: Amendments to subsection (1) by House Bill 05-1261 and House Bill 05-1262 were harmonized.

Cross references: (1) For the legislative declaration contained in the 2005 act amending subsections (1) and (3)(a) and enacting subsection (5), see section 1 of chapter 241, Session Laws of Colorado 2005. For the legislative declaration in the 2013 act amending subsection (3)(a), see section 1 of chapter 169, Session Laws of Colorado 2013.

(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. For the legislative declaration in SB 25-197, see section 1 of chapter 256, Session Laws of Colorado 2025.