Colorado § 26-11-205.5 - Older Coloradans program - distribution formula - cash fund.

§ 26-11-205.5. Older Coloradans program - distribution formula - cash fund.

(1) There is hereby created in the state department the older Coloradans program, referred to in this section as the "program". The program shall provide moneys to area agencies on aging to provide grants to provide community-based services to persons sixty years of age or older to assist such persons to live in their own homes and communities for as long as possible. Such services shall include but are not limited to congregate nutrition, home-delivered meals, transportation services, in-home services, ombudsman services, legal services, elder abuse prevention, outreach, and information and referral services.

(2) After retaining an amount for the state department's indirect costs, as calculated under the federally approved cost allocation plan, money appropriated for the program shall be distributed to area agencies on aging using the same formula that the state office uses to distribute money available under Title III, parts (B), (C), (D), and (F) of the federal "Older Americans Act of 1965", as amended, but such money shall be allocated as a whole and not allocated to individual parts of Title III; except that appropriations from the fund of accumulated interest are not subject to the restriction that requires allocations as a whole. An area agency on aging shall use no more than ten percent of the money received from the program for administrative expenses.

(3) The proposed uses of moneys from the program shall be included in each area agency on aging's area plan developed pursuant to section 26-11-204 (1)(a).

(4) (a) On or before August 1, 2002, and each August 1 thereafter, each area agency on aging shall submit a report to the state office detailing the use of moneys from the program for the previous fiscal year, including an itemization of how many more persons received each service because of such moneys.

(b) Repealed.

(5) (a) There is hereby created the older Coloradans cash fund, referred to in this subsection (5) as the "fund". The fund consists of moneys allocated and credited to the fund from sales and use taxes pursuant to the provisions of section 39-26-123 (3), C.R.S., and any moneys appropriated to the fund by the general assembly. In addition, the state treasurer may credit to the fund any public or private gifts, grants, or donations received by the state department for implementation of the program. The fund is subject to annual appropriation by the general assembly to the state department. Notwithstanding the provisions of section 24-36-114, C.R.S., all interest derived from the deposit and investment of moneys in the fund is credited to the fund. Any amount remaining in the fund at the end of any fiscal year shall remain in the fund and not be transferred or credited to the general fund or any other fund.

(b) Repealed.

(c) Notwithstanding any provision of this subsection (5) to the contrary, on July 1, 2020, the state treasurer shall deduct thirteen million dollars from the fund and transfer such sum to the general fund.

Source: L. 2000: Entire section added, p. 900, § 1, effective May 24. L. 2001: (2) and (4) amended, p. 1462, § 1, effective June 6. L. 2002: (1) and (5) amended, p. 148, § 1, effective March 27; (1) and (3) to (5) amended, p. 901, §§ 1, 2, effective May 31. L. 2003: (4)(b) amended, p. 2011, § 101, effective May 22. L. 2004: (4)(b) repealed, p. 472, § 4, effective August 4. L. 2006: (5) amended, p. 938, § 1, effective July 1; (5) amended, p. 1603, § 5, effective July 2. L. 2007: (2) amended, p. 989, § 1, effective May 22. L. 2012: (5) amended, (HB 12-1326), ch. 195, p. 777, § 3, effective May 22. L. 2013: (5)(a) amended, (SB 13-127), ch. 349, p. 2027, § 2, effective July 1. L. 2018: (2) amended, (SB 18-207), ch. 204, p. 1319, § 1, effective May 4. L. 2020: (5)(b) amended and (5)(c) added, (HB 20-1387), ch. 174, p. 801, § 2, effective June 29.

Editor's note: (1) Amendments to subsection (5) by House Bill 02-1209 and House Bill 02-1390 were harmonized.

(2) Subsection (5) was amended in House Bill 06-1018. Those amendments were superseded by the amendment of subsection (5) in House Bill 06-1398.

(3) (a) For amendments to subsection (5)(b) in HB 20-1387 in effect from June 29, 2020, to July 1, 2020, see chapter 174, Session Laws of Colorado 2020. (See L. 2020, p. 801.)

(b) Subsection (5)(b)(III) provided for the repeal of subsection (5)(b), effective July 1, 2020. (See L. 2020, p. 802.)

Cross references: (1) For the "Older Americans Act of 1965", see 42 U.S.C. sec. 3001 et seq.

(2) For the legislative declaration in the 2012 act amending subsection (5), see section 1 of chapter 195, Session Laws of Colorado 2012.