Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0652.03 Yelana Love x2295
SENATE BILL 24-181
Senate Committees House Committees
Finance
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF THE COLORADO ALCOHOL IMPACT101
AND RECOVERY ENTERPRISE .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates the Colorado alcohol impact and recovery
enterprise (enterprise) in the department of revenue to:
! Collect a fee from manufacturers and wholesalers that
distribute alcohol within Colorado; and
! Use the fee for alcohol and related substance use disorder
prevention, early intervention, treatment, harm reduction,
SENATE SPONSORSHIP
Priola and Hansen, Winter F., Buckner, Cutter, Exum, Fields, Gonzales, Jaquez Lewis,
Marchman, Michaelson Jenet
HOUSE SPONSORSHIP
deGruy Kennedy and Amabile, Bacon, Brown, Epps, Hernandez, Herod, Kipp, Mabrey,
Willford
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. and recovery services and programs in communities
throughout the state.
The bill exempts small manufacturers and wholesale distributors
of alcohol based on production and distribution level amounts for which
a manufacturer or distributor may pay reduced tax or claim an exemption
under federal law.
The bill also:
! Creates the alcohol impact enterprise board and specifies
membership and duties of the board; and
! Requires the state auditor to conduct an audit of the
enterprise in the 2030-31 state fiscal year and every fourth
state fiscal year thereafter.
The bill also exempts the enterprise from the prohibition on an
enterprise receiving more than $100,000,000 in revenue in fees in the
enterprise's first 5 fiscal years without first receiving voter approval.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 2 to title2
44 as follows:3
ARTICLE 24
Colorado Alcohol Impact and Recovery Enterprise5
44-2-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 2 IS THE6
"C
OLORADO ALCOHOL USE IMPACT AND RECOVERY FEE ACT".7
44-2-102. Legislative declaration. (1) T
HE GENERAL ASSEMBLY8
FINDS AND DECLARES THAT:9
(a) T
HE EXCESSIVE USE AND RELATED HARMS OF ALCOHOL10
CONTRIBUTE DETRIMENTALLY TO PUBLIC HEALTH AND IMPOSE HIGH11
FINANCIAL COSTS TO THE STATE SYSTEMS FOR PHYSICAL HEALTH ,12
BEHAVIORAL HEALTH, SOCIAL SERVICES, PUBLIC SAFETY, AND EDUCATION;13
(b) A
NNUALLY, AN AVERAGE OF TWO THOUS AND SIX HUNDRED14
TWENTY-THREE DEATHS IN COLORADO ARE ATTRIBUTABLE TO EXCESSIVE15
ALCOHOL USE;16
(c) C
OLORADO TAXPAYERS SPENT OVER FIVE BILLION DOLLARS AS17
SB24-181-2- A RESULT OF EXCESSIVE ALCOHOL USE IN 2010; ADJUSTED FOR INFLATION,1
THIS IS EQUIVALENT TO SIX BILLION NINE HUNDRED MILLION DOLLARS IN2
2023
OR TWO DOLLARS AND EIGHTY-NINE CENTS PER DRINK CONSUMED ;3
(d) I
N 2021, BOTH THE PER CAPITA ALCOHOL CONSUMPTION AND4
THE PERCENTAGE OF ADULTS WHO REPORTED BINGE DRINKING IN THE PAST5
THIRTY DAYS IN COLORADO WERE HIGHER THAN THE NATIONAL AVERAGE ;6
(e) I
N 2019, PROSECUTORS IN COLORADO FILED OVER TWENTY -SIX7
THOUSAND CASES WITH AT LEAST ONE CHARGE OF DRIVING UNDER THE8
INFLUENCE. OF CASES WITH A CONVICTION FOR DRIVING UNDER THE9
INFLUENCE, THIRTY-SEVEN PERCENT OF THE DEFENDANTS HAD AT LEAST10
ONE PRIOR ARREST FOR DRIVING UNDER THE INFLUENCE .11
(f) I
N 2021, THE NATIONAL HIGHWAY TRAFFIC SAFETY12
ADMINISTRATION REPORTED THAT TWO HUNDRED SIXTEEN PEOPLE WERE13
KILLED ON COLORADO ROADS BY ALCOHOL -IMPAIRED DRIVERS, AN14
INCREASE OF THIRTY TWO PERCENT FROM 2019;15
(g) D
ATA FROM THE 2021 HEALTHY KIDS COLORADO SURVEY16
FOUND THAT:17
(I) O
VER TWENTY-THREE PERCENT OF YOUTH REPORTED USING18
ALCOHOL IN THE PREVIOUS MONTH ;19
(II) O
VER FOURTEEN PERCENT OF YOUTH REPORTED BINGE20
DRINKING ONE OR MORE TIMES IN THE PREVIOUS MONTH ; AND21
(III) O
VER FIFTY-THREE PERCENT OF YOUTH FELT IT WOULD BE22
EASY TO OBTAIN ALCOHOL IF THEY WANTED TO ;23
(h) I
T IS ESTIMATED THAT ONE IN TWENTY SCHOOL CHILDREN IN24
THE UNITED STATES HAVE FETAL ALCOHOL SPECTRUM DISORDERS , WHICH25
CAN LEAD TO:26
(I) P
ROBLEMS WITH THE HEART, KIDNEYS, AND OTHER ORGANS;27
SB24-181
-3- (II) BEHAVIORAL HEALTH AND INTELLECTUAL DISABILITIES ; AND1
(III) I
NCREASED RISK OF DEVELOPING A SUBSTANCE USE2
DISORDER;3
(i) A
LCOHOL IS THE MOST PREVALENT POTENTIALLY DAMAGING4
SUBSTANCE USED BY PREGNANT WOMEN , INCREASING THE RISK FOR FETAL5
ALCOHOL SPECTRUM DISORDER AND ASSOCIATED HEALTH IMPACTS ON6
INFANTS;7
(j) T
HE HIGHEST NUMBER OF SUBSTANCE USE TREATMENT8
ADMISSIONS IN COLORADO FROM 2022 AND 2023 WERE FOR ALCOHOL USE9
DISORDER, WITH OVER SIXTY -FIVE PERCENT OF ALL ADMISSIONS10
INCLUDING ALCOHOL USE DISORDER ;11
(k) T
HERE IS A STRONG LINK BETWEEN ALCOHOL USE AND12
SUBSTANCE USE DISORDERS . IN 2016, ABOUT ONE IN FIVE EMERGENCY13
DEPARTMENT VISITS ASSOCIATED WI TH THE MISUSE OF PRESCRIPTION14
MEDICINES ALSO INVOLVED ALCOHOL . IN 2017, ABOUT ONE IN SEVEN15
OPIOID-RELATED DEATHS INVOLVED DRINKING ALCOHOL WITHIN A FEW16
HOURS OF USING AN OPIOID, AND THE PROPORTION OF OPIOID OVERDOSE17
DEATHS INVOLVING ALCOHOL RANGED FROM SEVEN TO TWENTY -NINE18
PERCENT, VARYING ACROSS THE STATES . ADDITIONALLY, OPIOID19
OVERDOSE DEATHS WHERE ALCOHOL CONTRIBUTED TO THE DEATH20
INCREASED FORTY-ONE PERCENT FROM 2019 TO 2020.21
(l) B
ECAUSE OF THE LINK BETWEEN ALCOHOL USE AND THE USE OF22
OTHER SUBSTANCES, IT IS DIFFICULT TO TREAT AN ALCOHOL USE DISORDER23
WITHOUT ALSO ADDRESSING THE USE OF OTHER SUBSTANCES ;24
(m) E
XCISE TAXES ON ALCOHOL IN COLORADO ARE AM ONG THE25
LOWEST IN THE NATION, WITH THE TAX ON:26
(I) B
EER, THE FORTY-SEVENTH LOWEST;27
SB24-181
-4- (II) WINE, THE FORTY-FOURTH LOWEST; AND1
(III) D
ISTILLED SPIRITS, THE FORTY-SIXTH LOWEST; AND2
(n) A
S OF 2024, EXCISE TAXES IN COLORADO IMPOSED PURSUANT3
TO SECTION 44-3-503 PAY ONLY AN ESTIMATED FIFTEEN PERCENT OF4
GOVERNMENTAL COSTS TO ADDRESS ALCOHOL -RELATED PROBLEMS,5
WHICH IS UNSURPRISING CONSIDERING COLORADO'S EXCISE TAX ON6
ALCOHOL BEVERAGES HAS NOT BEEN INCREASED SINCE 1981.7
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :8
(a) T
HE INTENT OF THIS ARTICLE 2 IS TO ESTABLISH AN ENTERPRISE9
TO COLLECT FEES FROM THE MANUFACTURERS AND DISTRIBUTORS OF10
ALCOHOL TO PAY FOR ALCOHOL AND RELATED SUBSTANCE USE DISORDER11
PREVENTION, EARLY INTERVENTION, TREATMENT, RECOVERY, OR HARM12
REDUCTION PROGRAMS AND SERVICES ;13
(b) C
ONSISTENT WITH THE DETERMINATION OF THE COLORADO14
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 89615
P.2d 859
(COLO. 1995), THE POWER TO IMPOSE TAXES IS INCONSISTENT16
WITH ENTERPRISE STATUS PURSUANT TO SECTION 20 OF ARTICLE X OF THE17
STATE CONSTITUTION, AND IT IS THE CONCLUSION OF THE GENERAL18
ASSEMBLY THAT THE REVENUE COLLECTED BY THE ENTERPRISE IS A FEE ,19
NOT A TAX, BECAUSE THE FEES ARE IMPOSED FOR THE SPECIFIC PURPOSE20
OF ALLOWING THE ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING21
ALCOHOL AND RELATED SUBSTANCE USE DISORDER PREVENTION , EARLY22
INTERVENTION, TREATMENT, RECOVERY, OR HARM REDUCTION PROGRAMS23
AND SERVICES RELATED TO THE MANUFACTURING AND DISTRIBUTION OF24
ALCOHOL; AND25
(c) M
ANUFACTURERS AND WHOLESALE DISTRIBUTORS OF ALC OHOL26
SHOULD BEAR SOME OF THE INCREASED COSTS FOR ALCOHOL AND27
SB24-181
-5- RELATED SUBSTANCE USE DISORDER PREVENTION , EARLY INTERVENTION,1
TREATMENT, RECOVERY, OR HARM REDUCTION SERVICES.2
44-2-103. Definitions. A
S USED IN THIS ARTICLE 2, UNLESS THE3
CONTEXT OTHERWISE REQUIRES :4
(1) "A
LCOHOL" MEANS FERMENTED MALT BEVERAGES OR MALT ,5
VINOUS, OR SPIRITUOUS LIQUORS; EXCEPT THAT "ALCOHOL" DOES NOT6
INCLUDE CONFECTIONERY CONTAINING ALCOHOL WITHIN THE LIMITS7
PRESCRIBED BY SECTION 25-5-410 (1)(i)(II).8
(2) "B
EHAVIORAL HEALTH ADMINISTRATION " OR "BHA" MEANS9
THE BEHAVIORAL HEALTH ADMINISTRATION IN THE STATE DEPARTMENT10
OF HUMAN SERVICES ESTABLISHED PURSUANT TO SECTION 27-50-102.11
(3) "B
EHAVIORAL HEALTH ADMINISTRATIVE SERVICES12
ORGANIZATION" OR "BHASO" MEANS AN ORGANIZATION SELECTED BY13
AND CONTRACTED WITH THE BEHAVIORAL HEALTH ADMINISTRATION14
PURSUANT TO SECTION 27-50-401 TO MANAGE A NETWORK OF PROVIDERS15
TO DELIVER A CONTINUUM OF BEHAVIORAL HEALTH SERVICES AND CARE16
COORDINATION IN THE BHASO'S REGION.17
(4) "B
OARD" OR "ENTERPRISE BOARD" MEANS THE ALCOHOL18
IMPACT ENTERPRISE BOARD CREATED PURSUANT TO SECTION 44-2-110.19
(5) "E
LIGIBLE ENTITY" MEANS:20
(a) A
NY NONPROFIT OR FOR-PROFIT ORGANIZATION THAT PROVIDES21
PREVENTION, EARLY INTERVENTION, TREATMENT, RECOVERY, OR HARM22
REDUCTION SERVICES FOR MILD , MODERATE, OR SEVERE ALCOHOL OR23
RELATED SUBSTANCE USE DISORDERS , SUCH AS FETAL ALCOHOL SPECTRUM24
DISORDERS; AND25
(b) A
NY STATE OR LOCAL GOVERNMENTAL ENTITY , INSTITUTION26
OF HIGHER EDUCATION , AND QUASI-GOVERNMENTAL ORGANIZATION ,27
SB24-181
-6- INCLUDING A MUNICIPALITY , COUNTY, SCHOOL, LAW ENFORCEMENT1
AGENCY, AND DISTRICT COURT, THAT PROVIDES PREVENTION , EARLY2
INTERVENTION, TREATMENT, RECOVERY, OR HARM REDUCTION SERVICES3
FOR MILD, MODERATE, OR SEVERE ALCOHOL OR RELATED SUBSTANCE USE4
DISORDERS, SUCH AS FETAL ALCOHOL SPECTRUM DISORDERS .5
(6) "E
NTERPRISE" MEANS THE COLORADO ALCOHOL IMPACT AND6
RECOVERY ENTERPRISE CREATED IN SECTION 44-2-104.7
(7) "F
EE" MEANS THE ALCOHOL IMPACT FEE DESCRIBED IN SECTION8
44-2-105.9
(8) "F
UND" MEANS THE COLORADO ALCOHOL IMPACT ENTERPRISE10
FUND CREATED IN SECTION 44-2-106.11
(9) "M
ANUFACTURER OR WHOLESALE ALCOHOL DISTRIBUTOR "12
MEANS ANY PERSON:13
(a) H
OLDING ANY OF THE FOLLOWING LICENSES ISSUED BY THE14
DEPARTMENT PURSUANT TO ARTICLE 3 OF THIS TITLE 44:15
(I) M
ANUFACTURER'S LICENSE;16
(II) L
IMITED WINERY LICENSE;17
(III) W
HOLESALER'S LIQUOR LICENSE;18
(IV) W
HOLESALER'S BEER LICENSE;19
(V) B
REW PUB LICENSE;20
(VI) D
ISTILLERY PUB LICENSE; OR21
(VII) V
INTNER'S RESTAURANT LICENSE; AND22
(b) T
HAT MANUFACTURED OR DISTRIBUTED ALCOHOL BEVERAGES23
IN AN AMOUNT IN EXCESS OF THE AMOUNTS FOR WHICH REDUCED TAX24
APPLIES OR A CREDIT AGAINST TAX MAY BE CLAIMED PURSUANT TO 2625
U.S.C.
SEC. 5001 (c)(1)(A), 26 U.S.C. SEC. 5041 (c)(1)(A)(i), OR 2626
U.S.C.
SEC. 5051 (a)(2)(A) FOR THE PREVIOUS OR CURRENT CALENDAR27
SB24-181
-7- YEAR.1
(10) "P
RIORITY POPULATIONS" MEANS CHILDREN, YOUTH, PEOPLE2
FROM UNDERSERVED COMMUNITIES , AND POPULATIONS THAT HAVE BEEN3
DISPROPORTIONATELY AFFECTED BY ALCOHOL AND RELATED SUBSTANCE4
USE DISORDERS AND AS FURTHER DEFINED BY THE ENTERPRISE BOARD .5
(11) "R
ECOVERY PROVIDER" MEANS A RECOVERY COMMUNITY6
ORGANIZATION, AS DEFINED IN SECTION 27-80-126, OR A RECOVERY7
SUPPORT SERVICES ORGANIZATION , AS DEFINED IN SECTION 27-60-108,8
WHEN SUCH ORGANIZATION IS UNDER CONTRACT WITH A BHASO TO9
PROVIDE RECOVERY SERVICES.10
(12) "S
UBSTANCE USE DISORDER" MEANS THE RECURRENT USE OF11
ALCOHOL, DRUGS, OR MULTIPLE SUBSTANCES CONCURRENTLY CAUSES12
CLINICALLY AND FUNCTIONALLY SIGNIFICANT IMPAIRMENT , SUCH AS13
HEALTH PROBLEMS , DISABILITY, AND FAILURE TO MEET MAJOR14
RESPONSIBILITIES AT WORK, SCHOOL, OR HOME.15
(13) "T
REATMENT PROVIDER " MEANS A SUBSTANCE USE16
TREATMENT PROVIDER LICENSED BY THE BHA AND UNDER CONTRACT17
WITH A BHASO.18
44-2-104. Colorado alcohol impact and recovery enterprise -19
creation - powers and duties. (1) (a) T
HE COLORADO ALCOHOL IMPACT20
AND RECOVERY ENTERPRISE IS CREATED IN THE DEPARTMENT . THE21
PRIMARY BUSINESS PURPOSE OF THE ENTERPRISE IS TO REDUCE AND22
MITIGATE THE ADVERSE IMPACTS OF ALCOHOL BEVERAGES23
MANUFACTURED OR DISTRIBUTED IN THE STATE . TO ALLOW THE24
ENTERPRISE TO ACCOMPLISH THIS BUSINESS PURPOSE , THE ENTERPRISE25
SHALL PROVIDE:26
(I) B
USINESS-RELATED SERVICES FOR ALCOHOL AND RELATED27
SB24-181
-8- SUBSTANCE USE DISORDER PREVENTION , EARLY INTERVENTION ,1
TREATMENT, RECOVERY, AND HARM REDUCTION; AND2
(II) A
SUSTAINABLE SOURCE OF MONEY TO PAY FOR THE3
PROGRAMS AND SERVICES DESCRIBED IN SUBSECTION (1)(a)(I) OF THIS4
SECTION THAT ARE NOT OTHERWISE COVERED BY PUBLIC OR PRIVATE5
INSURANCE OR ANOTHER GOVERNMENTAL PROGRAM OR SERVICE .6
(b) T
HE ENTERPRISE IS AND OPERATES AS A GOVERNMENT -OWNED7
BUSINESS WITHIN THE DEPARTMENT FOR THE PURPOSES OF :8
(I) C
HARGING, COLLECTING, AND EXPENDING MONEY FROM THE9
ALCOHOL IMPACT FEE PURSUANT TO SECTION 44-2-105; AND10
(II) U
TILIZING THE MONEY COLLECTED FROM THE FEE TO11
EQUITABLY DISTRIBUTE THE MONEY TO :12
(A) S
UPPORT TREATMENT, RECOVERY, AND HARM REDUCTION13
PROGRAMS AND SERVICES FOR ALCOHOL AND RELATED SUBSTANCE USE14
DISORDERS IN COMMUNITIES THROUGHOUT THE STATE BASED ON THE15
IDENTIFIED NEEDS OF EACH COMMUNITY ;16
(B) I
NCREASE THE ENFORCEMENT OF LAWS PROHIBITING DRIVING17
WHILE UNDER THE INFLUENCE , DRIVING WHILE ABILITY IMPAIRED, AND18
UNDERAGE DRUNK DRIVING ; AND19
(C) S
UPPORT PROGRAMS THAT HELP PREVENT ALCOHOL AND20
RELATED SUBSTANCE USE DISORDERS .21
(2) T
HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES22
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION WHILE IT23
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS24
THAN TEN PERCENT OF ITS TOTAL REVENUE IN GRANTS FROM ALL25
C
OLORADO STATE AND LOCAL GOVERNMENTS COMBINED . AS LONG AS IT26
CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (2), THE27
SB24-181
-9- ENTERPRISE IS NOT SUBJECT TO ANY PROVISIONS OF SECTION 20 OF1
ARTICLE X OF THE STATE CONSTITUTION.2
(3) T
HE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE :3
(a) T
O CHARGE AND COLLECT THE FEE;4
(b) T
O EXPEND FEE REVENUE, MATCHING FEDERAL MONEY , AND5
ANY OTHER MONEY FROM THE FUND ;6
(c) B
Y RESOLUTION OF THE BOARD , TO AUTHORIZE AND ISSUE7
REVENUE BONDS THAT ARE PAYABLE ONLY FROM THE MONEY IN THE8
FUND, WHICH REVENUE BONDS MAY BE ISSUED TO PAY FOR SERVICES9
PROVIDED BY OR TO ELIGIBLE ENTITIES OR FOR THE EXPENSES OF THE10
ENTERPRISE;11
(d) T
O HIRE STAFF AND ENGAGE THE SERVICES OF PRIVATE12
INDIVIDUALS OR ENTITIES SERVING AS CONTRACTORS , CONSULTANTS, AND13
LEGAL COUNSEL FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND14
ADVICE AND TO SUPPLY OTHER SERVICES RELATED TO THE CONDUCT OF15
THE AFFAIRS OF THE ENTERPRISE; AND16
(e) T
O ADOPT, AMEND, OR REPEAL POLICIES FOR THE REGULATION17
OF THE ENTERPRISE'S AFFAIRS AND THE CONDUCT OF ITS BUSINESS18
CONSISTENT WITH THIS SECTION.19
(4) T
HE ENTERPRISE IS A TYPE 2 ENTITY AS DEFINED IN SECTION20
24-1-105
AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES UNDER21
THE DEPARTMENT.22
44-2-105. Alcohol impact fee - alcohol impact enterprise23
collection fund - rules. (1) F
OR THE STATE FISCAL YEAR COMMENCING24
J
ULY 1, 2025, AND FOR EACH STATE FISCAL YEAR THEREAFTER , UNLESS25
ADJUSTED PURSUANT TO SUBSECTION (5) OF THIS SECTION, THE26
ENTERPRISE IS AUTHORIZED TO CHARGE AND COLLECT AN ALCOHOL27
SB24-181
-10- IMPACT FEE FROM EVERY SELF -DISTRIBUTING MANUFACTURER OR1
WHOLESALE ALCOHOL DISTRIBUTOR OF :2
(a) $0.16
ON EVERY GALLON OF MALT LIQUOR AND HARD CIDER3
DISTRIBUTED IN COLORADO;4
(b) $0.1466
ON EVERY LITER OF WINE EXCEPT HARD CIDER5
DISTRIBUTED IN COLORADO; AND6
(c) $1.2052
ON EVERY LITER OF SPIRITUOUS LIQUOR DISTRIBUTED7
IN COLORADO.8
(2) (a) T
HE EXECUTIVE DIRECTOR SHALL COLLECT , ADMINISTER,9
AND ENFORCE THE FEE IMPOSED BY SUBSECTION (1) OF THIS SECTION IN10
THE SAME MANNER AS THE COLLECTION , ADMINISTRATION, AND11
ENFORCEMENT OF STATE ALCOHOL EXCISE TAXES PURSUANT TO SECTION12
44-3-503.
A MANUFACTURER OR WHOLESALE ALCOHOL DISTRIBUTOR THAT13
PAYS THE FEE AS REQUIRED BY SUBSECTION (1) OF THIS SECTION SHALL14
REMIT THE FEE TO THE DEPARTMENT AT THE SAME TIME AND IN THE SAME15
MANNER IN WHICH THE MANUFACTURER OR WHOLESALE ALCOHOL16
DISTRIBUTOR REMITS THE STATE ALCOHOL EXCISE TAXES COLLECTED BY17
THE MANUFACTURER OR WHOLESALE ALCOHOL DISTRIBUTOR AS REQUIRED18
BY SECTION 44-3-503. THE DEPARTMENT MAY PROMULGATE RULES TO19
IMPLEMENT THIS SECTION.20
(b) T
HE ENTERPRISE MAY INCREASE OR DECREASE THE FEE AS21
PROVIDED IN SUBSECTION (5) OF THIS SECTION. IF THE ENTERPRISE22
ADJUSTS THE FEE, THE ENTERPRISE SHALL NOTIFY THE DEPARTMENT OF23
THE AMOUNT OF THE FEE TO BE COLLECTED DURING EACH STATE FISCAL24
YEAR NO LATER THAN MARCH 15 OF THE CALENDAR YEAR IN WHICH THE25
STATE FISCAL YEAR BEGINS, AND THE DEPARTMENT SHALL PUBLISH THE26
AMOUNT NO LATER THAN APRIL 15 OF THE CALENDAR YEAR IN WHICH THE27
SB24-181
-11- STATE FISCAL YEAR BEGINS.1
(c) W
HEN COLLECTING THE FEE, THE DEPARTMENT SHALL RETAIN2
AN AMOUNT THAT DOES NOT EXCEED THE TOTAL COST OF COLLECTING ,3
ADMINISTERING, AND ENFORCING THE FEE AND SHALL TRANSMIT THE4
AMOUNT RETAINED TO THE STATE TREASURER , WHO SHALL CREDIT IT TO5
THE ALCOHOL IMPACT ENTERPRISE COLLECTION FUND , WHICH IS CREATED6
IN THE STATE TREASURY . ALL MONEY IN THE ALCOHOL IMPACT7
ENTERPRISE COLLECTION FUND IS CONTINUOUSLY APPROPRIATED TO THE8
DEPARTMENT TO DEFRAY THE COSTS INCURRED BY THE DEPARTMENT IN9
COLLECTING, ENFORCING, AND ADMINISTERING THE FEE.10
(d) T
HE DEPARTMENT SHALL TRANSMIT ALL FEE REVENUE , LESS11
ANY AMOUNT RETAINED PURSUANT TO SUBSECTION (2)(c) OF THIS12
SECTION, TO THE STATE TREASURER , WHO SHALL CREDIT THE NET13
REVENUE TO THE COLORADO ALCOHOL IMPACT ENTERPRISE FUND .14
(3) O
N OR BEFORE JULY 1, 2026, EACH SELF-DISTRIBUTING15
MANUFACTURER OR WHOLESALE ALCOHOL DISTRIBUTOR SHALL :16
(a) P
AY THE FEE ON ALL ALCOHOL DISTRIBUTED IN COLORADO FOR17
THE PERIOD BEGINNING JULY 1, 2025, AND ENDING JUNE 30, 2026; AND18
(b) R
EPORT TO THE ENTERPRISE , IN A FORM AND MANNER19
DETERMINED BY THE ENTERPRISE, THE AMOUNT OF ALCOHOL DISTRIBUTED20
IN COLORADO FOR THE PERIOD BEGINNING JULY 1, 2025, AND ENDING21
J
UNE 30, 2026.22
(4) O
N OR BEFORE JULY 1, 2027, AND ON OR BEFORE JULY 1 OF23
EACH YEAR THEREAFTER, EACH MANUFACTURER OR WHOLESALE ALCOHOL24
DISTRIBUTOR SHALL:25
(a) P
AY THE FEE ON ALL ALCOHOL DISTRIBUTED IN COLORADO FOR26
THE PREVIOUS STATE FISCAL YEAR; AND27
SB24-181
-12- (b) REPORT TO THE ENTERPRISE THE AMOUNT OF ALCOHOL1
DISTRIBUTED IN COLORADO FOR THE PREVIOUS STATE FISCAL YEAR .2
(5) (a) T
HE ENTERPRISE MAY INCREASE OR DECREASE THE FEE AND3
SHALL GIVE MANUFACTURERS AND WHOLESALE ALCOHOL DISTRIBUTORS4
NOTICE BY DECEMBER 15 PRIOR TO THE ADJUSTMENT.5
(b) T
HE ENTERPRISE SHALL NOT INCREASE THE FEE MORE6
FREQUENTLY THAN ONCE EVERY TWO YEARS , AND THE ENTERPRISE SHALL7
BASE ANY INCREASE ON THE FOLLOWING FACTORS SINCE THE LAST8
INCREASE:9
(I) T
HE CUMULATIVE RATE OF INFLATION ;10
(II) A
NY INCREASE IN THE STATE'S POPULATION; AND11
(III) A
NY INCREASE IN THE RATE OF ALCOHOL USE .12
44-2-106. Colorado alcohol impact enterprise fund - creation.13
(1) T
HERE IS CREATED IN THE STATE TREASURY THE COLORADO ALCOHOL14
IMPACT ENTERPRISE FUND. THE FUND CONSISTS OF MONEY CREDITED TO15
THE FUND PURSUANT TO SECTION 44-2-105 AND ANY GIFTS, GRANTS, OR16
DONATIONS RECEIVED PURSUANT TO SUBSECTION (4) OF THIS SECTION.17
(2) T
HE MONEY IN THE FUND MUST NOT BE DEPOSITED INTO OR18
TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND . THE STATE19
TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE20
DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND . ANY21
UNENCUMBERED MONEY IN THE FUND REMAINS IN THE F UND AND MUST22
NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANY OTHER23
FUND.24
(3) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE25
ENTERPRISE FOR THE PURPOSES OF:26
(a) P
AYING FOR ANY DIRECT AND INDIRECT ADMINISTRATIVE27
SB24-181
-13- EXPENSES INCURRED BY THE ENTERPRISE , NOT TO EXCEED FIVE PERCENT1
OF THE AMOUNT OF MONEY IN THE FUND ; AND2
(b) C
ARRYING OUT TO THE PURPOSES OF THIS ARTICLE 2.3
(4) T
HE BOARD MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,4
OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF5
THIS SECTION, AS LONG AS THE COMBINATION OF GRANTS FROM STATE AND6
LOCAL GOVERNMENTS IS LESS THAN TEN PERCENT OF THE ENTERPRISE 'S7
TOTAL REVENUE. ANY MONEY RECEIVED PURSUANT TO THIS SUBSECTION8
(4)
SHALL BE TRANSMITTED TO THE STATE TREASURER , WHO SHALL CREDIT9
THE MONEY TO THE FUND.10
44-2-107. Colorado alcohol treatment and recovery11
affordability grant program - creation - reporting. (1) T
HERE IS12
CREATED IN THE ENTERPRISE THE COLORADO ALCOHOL TREATMENT AND13
RECOVERY AFFORDABILITY GRANT PROGRAM FOR WHICH APPROXIMATELY14
EIGHTY PERCENT OF THE MONEY IN THE FUND MAY BE USED TO AWARD15
GRANTS TO BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES16
ORGANIZATIONS THROUGHOUT THE STATE THAT PROVIDE MONEY TO17
RECOVERY PROVIDERS AND TREATMENT PROVIDERS . OF THE EIGHTY18
PERCENT OF THE MONEY IN THE FUND ALLOCATED FOR THE GRANT19
PROGRAM, THE ENTERPRISE SHALL AWARD APPROXIMATELY THIRTY20
PERCENT FOR RECOVERY SERVICES AND SEVENTY PERCENT FOR21
TREATMENT.22
(2) (a) T
HE ENTERPRISE SHALL AWARD GRANTS TO BHASOS IN23
THE STATE TO ENSURE THAT TREATMENT PROVIDERS AND RECOVERY24
PROVIDERS FROM ACROSS THE STATE , INCLUDING RURAL, FRONTIER, AND25
URBAN REGIONS, HAVE EQUITABLE ACCESS TO MONEY FROM THE GRANT26
PROGRAM.27
SB24-181
-14- (b) BHASOS THAT RECEIVE GRANTS SHALL PRIORITIZE FUNDING1
FOR PRIORITY POPULATIONS. IN COLLABORATION WITH THE BHA, THE2
ENTERPRISE BOARD SHALL FURTHER DEFINE PRIORITY POPULATIONS ,3
WHICH MAY INCLUDE POPULATIONS BY REGION IF COMMUNITY NEEDS4
DIFFER, AND SHALL ANNUALLY UPDATE THE PRIORITY POPULATION5
DEFINITION, IF NEEDED.6
(3) (a) BHASO
S THAT RECEIVE GRANTS SHALL ENSURE THAT EACH7
TREATMENT PROVIDER AND RECOVERY PROVIDER ESTABLISHES A SLIDING8
FEE SCALE TO PROVIDE SUBSTANCE USE DISORDER TREATMENT OR9
RECOVERY SERVICES TO AN INDIVIDUAL WITH A SUBSTANCE USE10
DISORDER, REGARDLESS OF THE INDIVIDUAL'S ABILITY TO PAY.11
(b) A
BHASO THAT RECEIVES A GRANT THROUGH THE PROGRAM12
SHALL NOT REFUSE TO PROVIDE FINANCIAL SUPPORT TO A RECOVERY13
PROVIDER OR TREATMENT PROVIDER BASED SOLELY ON :14
(I) T
HE PROVIDER'S TREATMENT OF AN INDIVIDUAL 'S15
CO-OCCURRING SUBSTANCE USE DISORDER OR MENTAL HEALTH16
CONDITION; OR17
(II) W
HERE THE INDIVIDUAL WHO NEEDS TREATMENT LIVES OR THE18
INDIVIDUAL'S REFERRAL TYPE, INCLUDING A REFERRAL FROM THE19
CRIMINAL JUSTICE SYSTEM.20
(4) E
ACH BHASO SHALL REPORT ANNUALLY TO THE BHA AND21
THE ENTERPRISE BOARD ON THE USE OF THE MONEY , IN A MANNER THAT22
COMPLIES WITH PROTECTING PATIENT HEALTH INFORMATION , INCLUDING:23
(a) T
HE AMOUNT OF MONEY DISTRIBUTED TO EACH TREATMENT24
PROVIDER AND RECOVERY PROVIDER ;25
(b) T
HE NUMBER OF INDIVIDUALS SERVED AND THEIR26
DEMOGRAPHIC DATA;27
SB24-181
-15- (c) THE NUMBER OF INDIVIDUALS SERVED IN EACH PRIORITY1
POPULATION CATEGORY , AS DEFINED BY THE ENTERPRISE BOARD2
PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION; AND3
(d) F
OR EACH INDIVIDUAL SERVED:4
(I) W
HETHER THE MONEY WAS USED FOR A COPAYMENT ,5
DEDUCTIBLE, OR OTHER COST NOT OTHERWISE COVERED BY INSURANCE ;6
(II) I
F THE INDIVIDUAL WITH A SUBSTANCE USE DISORDER7
REQUIRED MONEY BECAUSE OF LACK OF INSURANCE COVERAGE ,8
INFORMATION ON THE INDIVIDUAL'S TYPE OF INSURANCE AND THE LEVEL9
AND TYPE OF CARE NEEDED; AND10
(III) T
HE REFERRAL SOURCE.11
44-2-108. Colorado alcohol use prevention and early12
intervention grant program - creation - reporting - definition.13
(1) T
HERE IS CREATED IN THE ENTERPRISE THE COLORADO ALCOHOL USE14
PREVENTION AND EARLY INTERVENTION GRANT PROGRAM TO BEGIN15
PROVIDING GRANTS NO LATER THAN JANUARY 1, 2026, FOR PURPOSES16
RELATED TO THE PREVENTION AND EARLY INTERVENTION OF ALCOHOL17
AND RELATED SUBSTANCE USE DISORDERS . THE ENTERPRISE SHALL USE18
APPROXIMATELY TEN PERCENT OF THE MONEY IN THE FUND FOR THE19
PURPOSE OF AWARDING GRANTS TO :20
(a) E
LIGIBLE ENTITIES THAT INCREASE THE AVAILABILITY AND USE21
OF SCREENING, BRIEF INTERVENTION, AND REFERRAL TO TREATMENT22
PROGRAMS;23
(b) E
LIGIBLE ENTITIES THAT WORK TO PREVENT YOUTH SUBSTANCE24
ABUSE; AND25
(c) E
LIGIBLE ENTITIES THAT PROVIDE ALCOHOL AND RELATED26
SUBSTANCE USE DISORDER PREVENTION SERVICES IN AREAS OF HIGHEST27
SB24-181
-16- NEED, INCLUDING COMMUNITY -ORIENTED, CHILDREN-ORIENTED,1
YOUTH-ORIENTED, AND FAMILY-ORIENTED PREVENTION SERVICES .2
(2) E
ACH ELIGIBLE ENTITY THAT RECEIVES A GRANT THROUGH THE3
GRANT PROGRAM SHALL REPORT TO THE ENTERPRISE , IN A FORM AND4
MANNER DETERMINED BY THE ENTERPRISE , ON THE USE OF AND OUTCOMES5
ASSOCIATED WITH THE USE OF THE GRANT PROGRAM MONEY .6
44-2-109. Colorado alcohol-related impaired driving7
enforcement grant program - creation. (1) T
HERE IS CREATED IN THE8
ENTERPRISE THE COLORADO ALCOHOL -RELATED IMPAIRED DRIVING9
ENFORCEMENT GRANT PROGRAM . THE ENTERPRISE SHALL DISTRIBUTE10
APPROXIMATELY FIVE PERCENT OF THE MONEY IN THE FUND FOR THE11
PURPOSE OF PROVIDING GRANTS TO LOCAL GOVERNMENTS TO ASSIST IN12
THE EDUCATION, ENFORCEMENT, AND DETERRENCE OF ALCOHOL -RELATED13
IMPAIRED DRIVING.14
(2) N
O LATER THAN JANUARY 1, 2026, THE ENTERPRISE SHALL15
CREATE A GRANT APPLICATION PROCESS AND BEGIN ADMINISTERING THE16
GRANT PROGRAM.17
(3) A
LOCAL GOVERNMENT THAT RECEIVES A GRANT THR OUGH THE18
GRANT PROGRAM SHALL REPORT TO THE ENTERPRISE , IN A FORM AND19
MANNER DETERMINED BY THE ENTERPRISE , ON THE USE OF AND OUTCOMES20
ASSOCIATED WITH THE USE OF THE GRANT PROGRAM MONEY .21
44-2-110. Alcohol impact enterprise board - creation - duties22
- report. (1) T
HERE IS CREATED IN THE ENTERPRISE THE ALCOHOL IMPACT23
ENTERPRISE BOARD THAT CONSISTS OF :24
(a) T
HE FOLLOWING NONVOTING , EX OFFICIO MEMBERS:25
(I) T
HE COMMISSIONER OF THE BEHAVIORAL HEALTH26
ADMINISTRATION, OR THE COMMISSIONER'S DESIGNEE;27
SB24-181
-17- (II) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC1
HEALTH AND ENVIRONMENT , OR THE EXECUTIVE DIRECTOR'S DESIGNEE;2
(III) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE ,3
OR THE EXECUTIVE DIRECTOR'S DESIGNEE; AND4
(IV) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HEALTH5
CARE PLANNING AND FINANCING , OR THE EXECUTIVE DIRECTOR 'S6
DESIGNEE; AND7
(b) T
HE FOLLOWING VOTING MEMBERS APPOINTED BY THE8
GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE :9
(I) A
N INDIVIDUAL REPRESENTING THE ALCOHOL OR SUBSTANCE10
USE PREVENTION COMMUNITY ;11
(II) A
N INDIVIDUAL REPRESENTING THE ALCOHOL OR SUBSTANCE12
USE TREATMENT COMMUNITY ;13
(III) A
N INDIVIDUAL REPRESENTING THE ALCOHOL OR SUBSTANCE14
USE RECOVERY COMMUNITY ;15
(IV) A
N INDIVIDUAL REPRESENTING YOUTH MENTAL HEALTH16
PROFESSIONALS, SUCH AS A SOCIAL WORKER, A CHILD AND ADOLESCENT17
PSYCHIATRIST, OR OTHER PROFESSIONAL SPECIALIZING IN CARING FOR18
YOUTH;19
(V) A
N INDIVIDUAL REPRESENTING THE PUBLIC SAFETY FIELD ;20
(VI) A
REPRESENTATIVE FROM THE COLORADO COMMISSION OF21
I
NDIAN AFFAIRS;22
(VII) A
N INDIVIDUAL WHO HAS EXPERIENCED AN ALCOHOL OR23
RELATED SUBSTANCE USE DISORDER ;24
(VIII) A
N INDIVIDUAL WHOSE FAMILY HAS BEEN AFFECTED BY A25
FAMILY MEMBER WITH AN ALCOHOL OR RELATED SUBSTANCE USE26
DISORDER OR FETAL ALCOHOL SPECTRUM DISORDERS ;27
SB24-181
-18- (IX) A YOUNG INDIVIDUAL, UNDER TWENTY-FOUR YEARS OF AGE1
AT THE TIME OF APPOINTMENT , WITH EXPERIENCE OR INTEREST IN THE2
PREVENTION OF, THE TREATMENT OF, OR RECOVERY FROM SUBSTANCE USE3
DISORDERS;4
(X) A
N INDIVIDUAL REPRESENTING AN ADVOCACY ORGANIZATION5
FOR PEOPLE WITH MENTAL HEALTH CONDITIONS AND ALCOHOL AND6
RELATED SUBSTANCE USE DISORDERS ; AND7
(XI) A
N INDIVIDUAL REPRESENTING THE ALCOHOL INDUSTRY .8
(2) I
N MAKING THE APPOINTMENTS DESCRIBED IN SUBSECTION9
(1)(b)
OF THIS SECTION, THE GOVERNOR SHOULD ATTEMPT TO INCLUDE10
INDIVIDUALS WHO:11
(a) H
AVE EXPERIENCE PROVIDING SERVICES ACROSS THE12
CONTINUUM OF CARE FOR ALCOHOL AND RELATED SUBSTANCE USE13
DISORDERS;14
(b) R
EFLECT THE ETHNIC , RACIAL, CULTURAL, GENDER,15
IMMIGRATION STATUS, WEALTH, ABILITY, AND GEOGRAPHIC DIVERSITY OF16
THE STATE; AND17
(c) T
O THE EXTENT PRACTICABLE, HAVE LIVED EXPERIENCE WITH18
AND HAVE RECEIVED SERVICES ACROSS THE CONTINUUM OF CARE FOR19
ALCOHOL AND RELATED SUBSTANCE USE DISORDERS .20
(3) V
OTING MEMBERS OF THE ENTERPRISE BOARD SERVE AT THE21
PLEASURE OF THE GOVERNOR . ALL TERMS ARE FOR FOUR YEARS; EXCEPT22
THAT, OF THE MEMBERS INITIALLY APPOINTED BY THE GOVERNOR , SIX23
SHALL SERVE AN INITIAL TERM OF TWO YEARS AS DESIGNATED BY THE24
GOVERNOR. A MEMBER WHO IS APPOINTED TO FILL A VACANCY SERVES25
THE REMAINDER OF THE UNEXPIRED TERM OF THE FORMER MEMBER .26
(4) T
HE MEMBERS OF THE ENTERPRISE BOARD SHALL ELECT A27
SB24-181
-19- CHAIR AND VICE-CHAIR FROM AMONG THE MEMBERS OF THE ENTERPRISE1
BOARD APPOINTED PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION.2
(5) M
EMBERS OF THE ENTERPRISE BOARD SERVING IN A3
PROFESSIONAL CAPACITY SERVE WITHOUT COMPENSATION BUT MUST BE4
REIMBURSED FROM MONEY IN THE FUND FOR ACTUAL AND NECESSARY5
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO6
THIS SECTION. A MEMBER OF THE ENTERPRISE BOARD SERVING DUE TO THE7
MEMBER'S LIVED EXPERIENCE MUST BE OFFERED A PER DIEM AS8
ESTABLISHED BY THE ENTERPRISE BOARD AND DISTRIBUTED FROM MONEY9
IN THE FUND AND MUST BE REIMBURSED FROM MONEY IN THE F UND FOR10
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF11
THEIR DUTIES PURSUANT TO THIS SECTION.12
(6) T
HE ENTERPRISE BOARD SHALL, AT A MINIMUM:13
(a) R
EVIEW CURRENT STATE PLANS RELATED TO ALCOHOL AND14
RELATED SUBSTANCE USE DISORDER PREVENTION , EARLY INTERVENTION,15
TREATMENT, RECOVERY, AND HARM REDUCTION SUPPORT SERVICES IN16
ORDER TO FORMULATE RECOMMENDATIONS FOR USES OF THE FEE ;17
(b) R
EVIEW AND APPROVE AN ANNUAL BUDGET FOR THE18
ENTERPRISE;19
(c) E
STABLISH FUNDING ALLOCATION MODELS FOR BHASOS AND20
DETERMINE PRIORITY POPULATIONS FOR PURPOSES OF THE COLORADO21
ALCOHOL TREATMENT AND RECOVERY AFFORDABILITY GRANT PROGRAM22
CREATED IN SECTION 44-2-107.23
(d) R
EVIEW AND APPROVE RECOMMENDATIONS FOR ALLOCATION24
OF MONEY IN THE FUND;25
(e) R
EVIEW THE OUTCOMES OF THE MONEY AWARDED ;26
(f) R
EVIEW AND APPROVE AN ANNUAL REPORT OF EXPENDITURES27
SB24-181
-20- AND SERVICES PROVIDED PURSUANT TO THIS SECTION ; AND1
(g) A
DMINISTER THE GRANT PROGRAMS CREATED IN THIS ARTICLE2
2,
INCLUDING CREATING A GRANT APPLICATION PROCESS FOR EACH GRANT3
PROGRAM, MAKING THE GRANT APPLICATION PROCESS PUBLICLY4
AVAILABLE PRIOR TO ACCEPTING APPLICATIONS , AND BEGINNING TO5
ACCEPT GRANT APPLICATIONS NO LATER THAN JANUARY 1, 2026.6
(7) (a) O
N OR BEFORE JUNE 15, 2027, AND ON OR BEFORE JUNE 157
EACH YEAR THEREAFTER , THE ENTERPRISE BOARD SHALL SUBMIT A8
WRITTEN REPORT TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF9
THE SENATE, THE HEALTH AND HUMAN SERVICES COMMI TTEE OF THE10
HOUSE OF REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES ; THE JOINT11
BUDGET COMMITTEE OF THE GENERAL ASSEMBLY ; THE OFFICE OF THE12
ATTORNEY GENERAL; AND THE GOVERNOR. THE REPORT MUST INCLUDE,13
BUT NEED NOT BE LIMITED TO:14
(I) T
HE RECOMMENDATIONS FORMULATED PURSUANT TO15
SUBSECTION (6)(a) OF THIS SECTION;16
(II) A
DESCRIPTION OF HOW THE FEE IS CALCULATED AND THE17
PROCESS BY WHICH THE FEE IS ASSESSED AND COLLECTED ;18
(III) A
N ITEMIZATION OF THE TOTAL AMOUNT OF THE FEE PAID BY19
EACH MANUFACTURER OR WHOLESALE ALCOHOL DISTRIBUTOR BY SPECIFIC20
ALCOHOL BEVERAGE SOLD ;21
(IV) A
N ITEMIZATION OF THE COSTS INCURRED BY THE ENTERPRISE22
IN IMPLEMENTING AND ADMINISTERING THE FEE ;23
(V) T
HE PERCENTAGE OF MONEY THAT WAS ALLOCATED PURSUANT24
TO SECTION 44-2-107 (1) TO (3);25
(VI) F
OR MONEY DISTRIBUTED PURSUANT TO SUBSECTION26
44-2-107
(1), AN ITEMIZATION OF SERVICES AND PROJECTS FUNDED27
SB24-181
-21- THROUGH THE ENTERPRISE, INCLUDING:1
(A) D
ATA REPORTED FROM BHASOS;2
(B) T
HE AMOUNT OF MONEY DISTRIBUTED TO EACH PROVIDER , AS3
DESCRIBED IN SECTION 44-2-107 (1), BY AMOUNT AND PROVIDER;4
(C) T
HE NUMBER OF INDIVIDUALS SERVED , INCLUDING THEIR5
DEMOGRAPHIC DATA;6
(D) F
OR EACH INDIVIDUAL SERVED, IF THE MONEY WAS USED FOR7
A COPAYMENT, DEDUCTIBLE, OR OTHER COST NOT OTHERWISE COVERED8
BY INSURANCE;9
(E) F
OR EACH INDIVIDUAL SERVED, IF THE INDIVIDUAL WITH AN10
ALCOHOL OR RELATED SUBSTANCE USE DISORDER REQUIRED MONEY11
BECAUSE OF LACK OF INSURANCE COVERAGE , INFORMATION ON THE12
INDIVIDUAL'S TYPE OF INSURANCE AND THE LEVEL AND TYPE OF CARE13
NEEDED;14
(F) T
HE NUMBER OF INDIVIDUALS SERVED IN EACH PRIORITY15
POPULATION CATEGORY , AS DEFINED BY THE ENTERPRISE BOARD16
PURSUANT TO SECTION 44-2-107 (2)(b); AND17
(G) F
OR EACH INDIVIDUAL SERVED, THE REFERRAL SOURCE; AND18
(VII) F
OR ALL GRANT PROGRAMS ADMINISTERED THROUGH THE19
ENTERPRISE, THE NAME OF EACH ENTITY THAT RECEIVED A GRANT20
THROUGH EACH GRANT PROGRAM , THE AMOUNT OF MONEY AWARDED TO21
EACH ENTITY, AND THE USE OF AND OUTCOMES ASSOCIATED WITH THE USE22
OF THE MONEY.23
(b) T
HIS SUBSECTION (7) IS EXEMPT FROM SECTION 24-1-13624
(11)(a)(I),
AND THE PERIODIC REPORTING REQUIREMENT OF THIS25
SUBSECTION (7) REMAINS IN EFFECT UNTIL CHANGED BY THE GENERAL26
ASSEMBLY ACTING BY BILL.27
SB24-181
-22- 44-2-111. Audit of Colorado alcohol impact and recovery1
enterprise - notice to revisor of statutes - repeal. (1) D
URING THE2
2030-31
STATE FISCAL YEAR, AND DURING EVERY FOURTH STATE FISCAL3
YEAR THEREAFTER, THE STATE AUDITOR SHALL CONDUCT AN AUDIT OF4
THE ENTERPRISE ESTABLISHED PURSUANT TO THIS ARTICLE 2. THE5
ENTERPRISE SHALL PAY THE COSTS OF THE AUDIT OF THE ENTERPRISE . THE6
STATE AUDITOR SHALL REPORT THE FINDINGS FROM THE AUDITS , ALONG7
WITH ANY COMMENTS AND RECOMMENDATIONS , TO THE GOVERNOR AND8
TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND9
THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE OF10
REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES. THE STATE AUDITOR11
HAS CONTINUING AUTHORITY TO CONDUCT AUDITS OF THE ENTERPRISE AS12
THE STATE AUDITOR DEEMS APPROPRIATE . THE ENTERPRISE SHALL PAY13
THE COSTS OF ANY SUBSEQUENT AUDIT OF THE ENTERPRISE .14
(2) (a) A
S PART OF THE AUDIT CONDUCTED DURING THE 2042-4315
STATE FISCAL YEAR, THE STATE AUDITOR SHALL ALSO CONSIDER WHETHER16
IT IS NECESSARY TO CONTINUE TO CONDUCT THE AUDITS REQUIRED BY17
SUBSECTION (1) OF THIS SECTION. IF THE STATE AUDITOR DETERMINES18
THAT IT IS NO LONGER NECESSARY TO CONDUCT THE AUDITS , THE STATE19
AUDITOR MUST PROVIDE WRITTEN NOTICE TO THE REVISOR OF STATUTES20
OF SUCH A DETERMINATION BY E -MAILING THE NOTICE TO21
REVISOROFSTATUTES.GA@COLEG.GOV.22
(b) T
HIS SECTION IS REPEALED, EFFECTIVE JUNE 30 FOLLOWING23
THE RECEIPT OF THE NOTICE AUTHORIZED BY SUBSECTION (2)(a) OF THIS24
SECTION.25
SECTION 2. In Colorado Revised Statutes, 24-1-117, add (4.5)26
as follows:27
SB24-181
-23- 24-1-117. Department of revenue - creation. (4.5) T HE1
DEPARTMENT OF REVENUE INCLUDES THE COLORADO ALCOHOL IMPACT2
AND RECOVERY ENTERPRISE CREATED IN SECTION 44-2-104 (1)(a), WHICH3
IS A TYPE 2 ENTITY.4
SECTION 3. In Colorado Revised Statutes, 24-77-108, amend5
(1); and add (4) as follows:6
24-77-108. Creation of a new fee-based enterprise. In order to7
provide transparency and oversight to government mandated fees the8
People of the State of Colorado find and declare that:9
(1) E
XCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION, a10
state enterprise qualified or created after January 1, 2021, as defined11
under Colo. Const. Art. X, section 20(2)(d), shall not receive more than12
$100,000,000 in revenue from fees and surcharges in its first five fiscal13
years unless approved at a statewide general election. If a state enterprise14
has collected one hundred million dollars ($100,000,000) in fees and15
surcharges within its first five fiscal years prior to receiving voter16
approval, the state enterprise shall stop collecting fees and surcharges.17
Ballot titles for enterprises shall begin, "SHALL AN ENTERPRISE BE18
CREATED TO COLLECT REVENUE TOTALING (full dollar19
collection for first five fiscal years) IN ITS FIRST FIVE YEARS…?"20
(4) F
OR HEALTH AND SAFETY PURPOSES , THIS SECTION DOES NOT21
APPLY TO THE COLORADO ALCOHOL IMPACT AND RECOVERY ENTERPRISE22
CREATED IN SECTION 44-2-104 (1)(a).23
SECTION 4. Safety clause. The general assembly finds,24
determines, and declares that this act is necessary for the immediate25
preservation of the public peace, health, or safety or for appropriations for26
SB24-181
-24- the support and maintenance of the departments of the state and state1
institutions.2
SB24-181
-25-