More than $5 million in tobacco tax funds intended for educating Coloradans on the dangers of smoking was used to fund efforts to tighten local anti-smoking laws.
A state audit released Monday questioned whether it was legal for the tobacco tax money to be used that way under Amendment 35, a tax increase passed by voters in 2005 that calls for funding “education” programs on the dangers of smoking.
“We believe the law is more focused on voluntary prevention and cessation through education, counseling, and treatment programs and does not clearly contemplate the use of grant funds to create local laws or ordinances prohibiting smoking,” auditors said.
The tobacco tax money, administered through the Colorado Department of Public Health and Environment, resulted in 140 grantees being awarded $5.2 million in 2010 and 2011, to help pass local government laws and organization policies. These included initiatives to strengthen state bans on smoking inside restaurants and many public places. Other efforts pushed local laws banning smoking at outdoor areas of restaurants and in parks and public housing, and sought to limit youths access to tobacco.
Auditors, as well as lawmakers hearing the report presented Monday, questioned why the health department had not sought a legal opinion from the Colorado attorney general’s office on whether tobacco tax money could be used in such a way.
“What does it hurt to ask the attorney general for an opinion?” asked Sen. Steve King, R-Grand Junction.
Dr. Chris Urbina, executive director of the department, told lawmakers flatly that the department thought the practice was legal and didn’t think it needed an outside opinion.
Tim Hoover: 303-954-1626, thoover@denverpost.com or
