Colorado 2024 Regular Session

Colorado Senate Bill SB181 Compare Versions

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11 Second Regular Session
22 Seventy-fourth General Assembly
33 STATE OF COLORADO
4-REENGROSSED
5-This Version Includes All Amendments
6-Adopted in the House of Introduction
4+ENGROSSED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the House of Introduction
77 LLS NO. 24-0652.03 Yelana Love x2295
88 SENATE BILL 24-181
99 Senate Committees House Committees
1010 Finance
1111 Appropriations
1212 A BILL FOR AN ACT
1313 C
1414 ONCERNING THE CREATION OF THE COLORADO ALCOHOL IMPACT101
1515 AND RECOVERY ENTERPRISE , AND, IN CONNECTION THEREWITH ,
1616 102
1717 MAKING AN APPROPRIATION .103
1818 Bill Summary
1919 (Note: This summary applies to this bill as introduced and does
2020 not reflect any amendments that may be subsequently adopted. If this bill
2121 passes third reading in the house of introduction, a bill summary that
2222 applies to the reengrossed version of this bill will be available at
2323 http://leg.colorado.gov
2424 .)
2525 The bill creates the Colorado alcohol impact and recovery
2626 enterprise (enterprise) in the department of revenue to:
2727 ! Collect a fee from manufacturers and wholesalers that
2828 distribute alcohol within Colorado; and
2929 ! Use the fee for alcohol and related substance use disorder
3030 SENATE
31-3rd Reading Unamended
32-April 30, 2024
33-SENATE
3431 Amended 2nd Reading
3532 April 29, 2024
3633 SENATE SPONSORSHIP
3734 Priola and Hansen, Winter F., Buckner, Cutter, Exum, Fields, Gonzales, Jaquez Lewis,
38-Marchman, Michaelson Jenet, Bridges, Coleman
35+Marchman, Michaelson Jenet
3936 HOUSE SPONSORSHIP
4037 deGruy Kennedy and Amabile, Bacon, Brown, Epps, Hernandez, Herod, Kipp, Mabrey,
4138 Willford
4239 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4340 Capital letters or bold & italic numbers indicate new material to be added to existing law.
4441 Dashes through the words or numbers indicate deletions from existing law. prevention, early intervention, treatment, harm reduction,
4542 and recovery services and programs in communities
4643 throughout the state.
4744 The bill exempts small manufacturers and wholesale distributors
4845 of alcohol based on production and distribution level amounts for which
4946 a manufacturer or distributor may pay reduced tax or claim an exemption
5047 under federal law.
5148 The bill also:
5249 ! Creates the alcohol impact enterprise board and specifies
5350 membership and duties of the board; and
5451 ! Requires the state auditor to conduct an audit of the
5552 enterprise in the 2030-31 state fiscal year and every fourth
5653 state fiscal year thereafter.
5754 The bill also exempts the enterprise from the prohibition on an
5855 enterprise receiving more than $100,000,000 in revenue in fees in the
5956 enterprise's first 5 fiscal years without first receiving voter approval.
6057 Be it enacted by the General Assembly of the State of Colorado:1
6158 SECTION 1. In Colorado Revised Statutes, add article 83 to title
6259 2
6360 27 as follows:3
6461 ARTICLE 834
6562 Colorado Alcohol Impact and Recovery Enterprise5
6663 27-83-101. Short title. T HE SHORT TITLE OF THIS ARTICLE 83 IS6
6764 THE "COLORADO ALCOHOL USE IMPACT AND RECOVERY FEE ACT".7
6865 27-83-102. Legislative declaration. (1) T HE GENERAL ASSEMBLY8
6966 FINDS AND DECLARES THAT:9
7067 (a) T
7168 HE EXCESSIVE USE AND RELATED HARMS OF ALCOHOL10
7269 CONTRIBUTE DETRIMENTALLY TO PUBLIC HEALTH AND IMPOSE HIGH11
7370 FINANCIAL COSTS TO THE STATE SYSTEMS FOR PHYSICAL HEALTH ,12
7471 BEHAVIORAL HEALTH, SOCIAL SERVICES, PUBLIC SAFETY, AND EDUCATION;13
7572 (b) A
7673 NNUALLY, AN AVERAGE OF TWO THOUSAND SIX HUNDRED14
7774 TWENTY-THREE DEATHS IN COLORADO ARE ATTRIBUTABLE TO EXCESSIVE15
7875 ALCOHOL USE;16
7976 181-2- (c) COLORADO TAXPAYERS SPENT OVER FIVE BILLION DOLLARS AS1
8077 A RESULT OF EXCESSIVE ALCOHOL USE IN 2010; ADJUSTED FOR INFLATION,2
8178 THIS IS EQUIVALENT TO SIX BILLION NINE HUNDRED MILLION DOLLARS IN3
8279 2023
8380 OR TWO DOLLARS AND EIGHTY-NINE CENTS PER DRINK CONSUMED ;4
8481 (d) I
8582 N 2021, BOTH THE PER CAPITA ALCOHOL CONSUMPTION AND5
8683 THE PERCENTAGE OF ADULTS WHO REPORTED BINGE DRINKING IN THE PAST6
8784 THIRTY DAYS IN COLORADO WERE HIGHER THAN THE NATIONAL AVERAGE ;7
8885 (e) I
8986 N 2019, PROSECUTORS IN COLORADO FILED OVER TWENTY -SIX8
9087 THOUSAND CASES WITH AT LEAST ONE CHARGE OF DRIVING UNDER THE9
9188 INFLUENCE. OF CASES WITH A CONVICTION FOR DRIVING UNDER THE10
9289 INFLUENCE, THIRTY-SEVEN PERCENT OF THE DEFENDANTS HAD AT LEAST11
9390 ONE PRIOR ARREST FOR DRIVING UNDER THE INFLUENCE .12
9491 (f) I
9592 N 2021, THE NATIONAL HIGHWAY TRAFFIC SAFETY13
9693 ADMINISTRATION REPORTED THAT TWO HUNDRED SIXTEEN PEOPLE WERE14
9794 KILLED ON COLORADO ROADS BY ALCOHOL -IMPAIRED DRIVERS, AN15
9895 INCREASE OF THIRTY TWO PERCENT FROM 2019;16
9996 (g) D
10097 ATA FROM THE 2021 HEALTHY KIDS COLORADO SURVEY17
10198 FOUND THAT:18
10299 (I) O
103100 VER TWENTY-THREE PERCENT OF YOUTH REPORTED USING19
104101 ALCOHOL IN THE PREVIOUS MONTH ;20
105102 (II) O
106103 VER FOURTEEN PERCENT OF YOUTH REPORTED BINGE21
107104 DRINKING ONE OR MORE TIMES IN THE PREVIOUS MONTH ; AND22
108105 (III) O
109106 VER FIFTY-THREE PERCENT OF YOUTH FELT IT WOULD BE23
110107 EASY TO OBTAIN ALCOHOL IF THEY WANTED TO ;24
111108 (h) I
112109 T IS ESTIMATED THAT ONE IN TWENTY SCHOOL CHILDREN IN25
113110 THE UNITED STATES HAVE FETAL ALCOHOL SPECTRUM DISORDERS , WHICH26
114111 CAN LEAD TO:27
115112 181
116113 -3- (I) PROBLEMS WITH THE HEART, KIDNEYS, AND OTHER ORGANS;1
117114 (II) B
118115 EHAVIORAL HEALTH AND INTELLECTUAL DISABILITIES ; AND2
119116 (III) I
120117 NCREASED RISK OF DEVELOPING A SUBSTANCE USE3
121118 DISORDER;4
122119 (i) A
123120 LCOHOL IS THE MOST PREVALENT POTENTIALLY DAMAGING5
124121 SUBSTANCE USED BY PREGNANT WOMEN , INCREASING THE RISK FOR FETAL6
125122 ALCOHOL SPECTRUM DISORDER AND ASSOCIATED HEALTH IMPACTS ON7
126123 INFANTS;8
127124 (j) T
128125 HE HIGHEST NUMBER OF SUBSTANCE USE TREATMENT9
129126 ADMISSIONS IN COLORADO FROM 2022 AND 2023 WERE FOR ALCOHOL USE10
130127 DISORDER, WITH OVER SIXTY -FIVE PERCENT OF ALL ADMISSIONS11
131128 INCLUDING ALCOHOL USE DISORDER ;12
132129 (k) T
133130 HERE IS A STRONG LINK BETWEEN ALCOHOL USE AND13
134131 SUBSTANCE USE DISORDERS . IN 2016, ABOUT ONE IN FIVE EMERGENCY14
135132 DEPARTMENT VISITS ASSOCIATED WI TH THE MISUSE OF PRESCRIPTION15
136133 MEDICINES ALSO INVOLVED ALCOHOL . IN 2017, ABOUT ONE IN SEVEN16
137134 OPIOID-RELATED DEATHS INVOLVED DRINKING ALCOHOL WITHIN A FEW17
138135 HOURS OF USING AN OPIOID, AND THE PROPORTION OF OPIOID OVERDOSE18
139136 DEATHS INVOLVING ALCOHOL RANGED FROM SEVEN TO TWENTY -NINE19
140137 PERCENT, VARYING ACROSS THE STATES . ADDITIONALLY, OPIOID20
141138 OVERDOSE DEATHS WHERE ALCOHOL CONTRIBUTED TO THE DEATH21
142139 INCREASED FORTY-ONE PERCENT FROM 2019 TO 2020.22
143140 (l) B
144141 ECAUSE OF THE LINK BETWEEN ALCOHOL USE AND THE USE OF23
145142 OTHER SUBSTANCES, IT IS DIFFICULT TO TREAT AN ALCOHOL USE DISORDER24
146143 WITHOUT ALSO ADDRESSING OTHER CO -OCCURRING SUBSTANCE USE
147144 25
148145 DISORDERS.26
149146 27
150147 181
151148 -4- (2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :1
152149 (a) T
153150 HE INTENT OF THIS ARTICLE 83
154151 IS TO ESTABLISH AN2
155152 ENTERPRISE TO COLLECT FEES FROM THE MANUFACTURERS AND3
156153 DISTRIBUTORS OF ALCOHOL TO PAY FOR ALCOHOL AND RELATED4
157154 SUBSTANCE USE DISORDER PREVENTION , EARLY INTERVENTION ,5
158155 TREATMENT, RECOVERY, OR HARM REDUCTION PROGRAMS AND SERVICES ;6
159156 (b) C
160157 ONSISTENT WITH THE DETERMINATION OF THE COLORADO7
161158 SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 8968
162159 P.2d 859
163160 (COLO. 1995), THE POWER TO IMPOSE TAXES IS INCONSISTENT9
164161 WITH ENTERPRISE STATUS PURSUANT TO SECTION 20 OF ARTICLE X OF THE10
165162 STATE CONSTITUTION, AND IT IS THE CONCLUSION OF THE GENERAL11
166163 ASSEMBLY THAT THE REVENUE COLLECTED BY THE ENTERPRISE IS A FEE ,12
167164 NOT A TAX, BECAUSE THE FEES ARE IMPOSED FOR THE SPECIFIC PURPOSE13
168165 OF ALLOWING THE ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING14
169166 ALCOHOL AND RELATED SUBSTANCE USE DISORDER PREVENTION , EARLY15
170167 INTERVENTION, TREATMENT, RECOVERY, OR HARM REDUCTION PROGRAMS16
171168 AND SERVICES RELATED TO THE MANUFACTURING AND DISTRIBUTION OF17
172169 ALCOHOL; AND18
173170 (c) M
174171 ANUFACTURERS AND WHOLESALE DISTRIBUTORS OF ALC OHOL19
175172 SHOULD BEAR SOME OF THE INCREASED COSTS FOR ALCOHOL AND20
176173 RELATED SUBSTANCE USE DISORDER PREVENTION , EARLY INTERVENTION,21
177174 TREATMENT, RECOVERY, OR HARM REDUCTION SERVICES.22
178175 27-83-103.
179176 Definitions. A S USED IN THIS ARTICLE 83, UNLESS THE23
180177 CONTEXT OTHERWISE REQUIRES :24
181178 (1) "A
182179 LCOHOL" MEANS FERMENTED MALT BEVERAGES OR MALT ,25
183180 VINOUS, OR SPIRITUOUS LIQUORS ; EXCEPT THAT "ALCOHOL" DOES NOT26
184181 INCLUDE CONFECTIONERY CONTAINING ALCOHOL WITHIN THE LIMITS27
185182 181
186183 -5- PRESCRIBED BY SECTION 25-5-410 (1)(i)(II).1
187184 (2) "A
188185 LCOHOL USE DISORDER" MEANS THE RECURRENT USE OF
189186 2
190187 ALCOHOL THAT CAUSES CLINICALLY AND FUNCTIONALLY SIGNIFICANT3
191188 IMPAIRMENT, SUCH AS HEALTH PROBLEMS, DISABILITY, AND FAILURE TO4
192189 MEET MAJOR RESPONSIBILITIES AT WORK , SCHOOL, OR HOME.5
193190 (3) "A
194191 PPLE WINE" MEANS AN ALCOHOL BEVERAGE CONTAINING AT
195192 6
196193 LEAST ONE-HALF OF ONE PERCENT ALCOHOL BY VOLUME AND NOT MORE7
197194 THAN TWENTY-TWO PERCENT ALCOHOL BY VOLUME THAT CONTAINS THE8
198195 JUICE OR CONCENTRATED JUICE OF APPLES OR PEARS .9
199196 (4) "BEHAVIORAL HEALTH ADMINISTRATION " OR "BHA" MEANS10
200197 THE BEHAVIORAL HEALTH ADMINISTRATION IN THE STATE DEPARTMENT11
201198 OF HUMAN SERVICES ESTABLISHED PURSUANT TO SECTION 27-50-102.12
202199 (5) "BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES13
203200 ORGANIZATION" OR "BHASO" MEANS AN ORGANIZATION SELECTED BY14
204201 AND CONTRACTED WITH THE BEHAVIORAL HEALTH ADMINISTRATION15
205202 PURSUANT TO SECTION 27-50-401 TO MANAGE A NETWORK OF PROVIDERS16
206203 TO DELIVER A CONTINUUM OF BEHAVIORAL HEALTH SERVICES AND CARE17
207204 COORDINATION IN THE BHASO'S REGION.18
208205 (6) "BOARD" OR "ENTERPRISE BOARD" MEANS THE ALCOHOL19
209206 IMPACT ENTERPRISE BOARD CREATED PURSUANT TO SECTION 27-83-111.20
210207 (7) "DEPARTMENT" MEANS THE DEPARTMENT OF REVENUE .21
211208 (8) "ELIGIBLE ENTITY" MEANS A NONPROFIT ORGANIZATION THAT22
212209 PROVIDES PREVENTION, EARLY INTERVENTION, TREATMENT, RECOVERY,23
213210 OR HARM REDUCTION SERVICES FOR MILD , MODERATE, OR SEVERE24
214211 ALCOHOL OR RELATED SUBSTANCE USE DISORDERS OR FOR FETAL25
215212 ALCOHOL SPECTRUM DISORDERS . 26
216213 (9) "ENTERPRISE" MEANS THE COLORADO ALCOHOL IMPACT AND27
217214 181
218215 -6- RECOVERY ENTERPRISE CREATED IN SECTION 27-83-104.1
219216 (10) "FEE" MEANS THE ALCOHOL IMPACT FEE DESCRIBED IN2
220217 SECTION 27-83-105.3
221218 (11) "FUND" MEANS THE COLORADO ALCOHOL IMPACT ENTERPRISE4
222219 FUND CREATED IN SECTION 27-83-106.5
223220 (12) "HARM REDUCTION SERVICES " MEANS A SET OF6
224221 EVIDENCE-BASED STRATEGIES WITH THE AIM TO REDUCE7
225222 ALCOHOL-RELATED PROBLEMS AND DANGERS ASSOCIATED WITH ALC OHOL8
226223 USE AND TO IMPROVE QUALITY OF LIFE.9
227224 (13) "MANUFACTURER OR WHOLESALE ALCOHOL DISTRIBUTOR "10
228225 MEANS ANY PERSON:11
229226 (a) H
230227 OLDING ANY OF THE FOLLOWING LICENSES ISSUED BY THE12
231228 STATE LICENSING AUTHORITY
232229 PURSUANT TO ARTICLE 3 OF TITLE 44:13
233230 (I) M
234231 ANUFACTURER'S LICENSE;14
235232 (II) L
236233 IMITED WINERY LICENSE;15
237234 (III) W
238235 HOLESALER'S LIQUOR LICENSE;16
239236 (IV) W
240237 HOLESALER'S BEER LICENSE;17
241238 (V) B
242239 REW PUB LICENSE;18
243240 (VI) D
244241 ISTILLERY PUB LICENSE; OR19
245242 (VII) V
246243 INTNER'S RESTAURANT LICENSE; AND20
247244
248245 (b) THAT MANUFACTURED OR DISTRIBUTED ALCOHOL21
249246 BEVERAGES IN THE PREVIOUS CALENDAR YEAR IN AMOUNT GREATER22
250247 THAN:23
251248 (I) O
252249 NE HUNDRED THOUSAND PROOF GALLONS OF DISTILLED
253250 24
254251 SPIRITS;25
255252 (II) O
256253 NE HUNDRED THIRTY THOUSAND GALLONS OF WINE , OTHER
257254 26
258255 THAN APPLE WINE OR HARD CIDER; OR27
259256 181
260257 -7- (III) ONE HUNDRED EIGHTY -SIX MILLION GALLONS OF MALT1
261258 LIQUOR, INCLUDING APPLE WINE AND HARD CIDER .2
262259 3
263260 (14) "RECOVERY PROVIDER" MEANS A RECOVERY COMMUNITY4
264261 ORGANIZATION, AS DEFINED IN SECTION 27-80-126, OR A RECOVERY5
265262 SUPPORT SERVICES ORGANIZATION , AS DEFINED IN SECTION 27-60-108,6
266263 WHEN SUCH ORGANIZATION IS UNDER CONTRACT WITH A BHASO TO7
267264 PROVIDE RECOVERY SERVICES.8
268265 (15) "SUBSTANCE USE DISORDER" MEANS THE RECURRENT USE OF9
269266 ALCOHOL, DRUGS, OR MULTIPLE SUBSTANCES CONCURRENTLY THAT10
270267 CAUSES SIGNIFICANT CLINICAL AND FUNCTIONAL IMPAIRMENT, SUCH AS11
271268 HEALTH PROBLEMS , DISABILITY, AND FAILURE TO MEET MAJOR12
272269 RESPONSIBILITIES AT WORK, SCHOOL, OR HOME.13
273270 (16) "TREATMENT PROVIDER " MEANS A SUBSTANCE USE14
274271 TREATMENT PROVIDER LICENSED BY THE BHA AND UNDER CONTRACT15
275272 WITH A BHASO.16
276273 27-83-104. Colorado alcohol impact and recovery enterprise17
277274 - creation - powers and duties - repeal. (1) (a) THE COLORADO18
278275 ALCOHOL IMPACT AND RECOVERY ENTERPRISE IS CREATED IN THE19
279276 BEHAVIORAL HEALTH ADMINISTRATION . THE PRIMARY BUSINESS PURPOSE20
280277 OF THE ENTERPRISE IS TO REDUCE AND MITIGATE THE ADVERSE IMPACTS21
281278 OF ALCOHOL BEVERAGES MANUFACTURED OR DISTRIBUTED IN THE STATE .22
282279 T
283280 O ALLOW THE ENTERPRISE TO ACCOMPLISH THIS BUSINESS PURPOSE , THE23
284281 ENTERPRISE SHALL PROVIDE:24
285282 (I) B
286283 USINESS-RELATED SERVICES FOR ALCOHOL AND RELATED25
287284 SUBSTANCE USE DISORDER PREVENTION , EARLY INTERVENTION ,26
288285 TREATMENT, RECOVERY, AND HARM REDUCTION; AND27
289286 181
290287 -8- (II) A SUSTAINABLE SOURCE OF MONEY TO PAY FOR THE1
291288 PROGRAMS AND SERVICES DESCRIBED IN SUBSECTION (1)(a)(I) OF THIS2
292289 SECTION THAT ARE NOT OTHERWISE COVERED BY PUBLIC OR PRIVATE3
293290 INSURANCE OR ANOTHER GOVERNMENTAL PROGRAM OR SERVICE .4
294291 (b) T
295292 HE ENTERPRISE IS AND OPERATES AS A GOVERNMENT -OWNED5
296293 BUSINESS WITHIN THE DEPARTMENT FOR THE PURPOSES OF :6
297294 (I) C
298295 HARGING, COLLECTING, AND EXPENDING MONEY FROM THE7
299296 ALCOHOL IMPACT FEE PURSUANT TO SECTION 27-83-105;
300297 AND8
301298 (II) U
302299 TILIZING THE MONEY COLLECTED FROM THE FEE TO9
303300 EQUITABLY DISTRIBUTE THE MONEY TO :10
304301 (A) S
305302 UPPORT TREATMENT, RECOVERY, AND HARM REDUCTION11
306303 PROGRAMS AND SERVICES FOR ALCOHOL AND RELATED SUBSTANCE USE12
307304 DISORDERS IN COMMUNITIES THROUGHOUT THE STATE BASED ON THE13
308305 IDENTIFIED NEEDS OF EACH COMMUNITY ;14
309306 (B) S
310307 UPPORT PROGRAMS THAT PREVENT AND DETER DRIVING
311308 15
312309 UNDER THE INFLUENCE , DRIVING WHILE ABILITY IMPAIRED , AND16
313310 UNDERAGE DRUNK DRIVING ; AND17
314311 (C) S
315312 UPPORT PROGRAMS THAT HELP PREVENT ALCOHOL AND18
316313 RELATED SUBSTANCE USE DISORDERS , INCLUDING UNDERAGE DRINKING .
317314 19
318315 (2) T
319316 HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES20
320317 OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION WHILE IT21
321318 RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS22
322319 THAN TEN PERCENT OF ITS TOTAL REVENUE IN GRANTS FROM ALL23
323320 C
324321 OLORADO STATE AND LOCAL GOVERNMENTS COMBINED . AS LONG AS IT24
325322 CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (2), THE25
326323 ENTERPRISE IS NOT SUBJECT TO ANY PROVISIONS OF SECTION 20 OF26
327324 ARTICLE X OF THE STATE CONSTITUTION.27
328325 181
329326 -9- (3) THE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE :1
330327 (a) T
331328 O CHARGE AND COLLECT THE FEE;2
332329 (b) T
333330 O EXPEND FEE REVENUE, MATCHING FEDERAL MONEY , AND3
334331 ANY OTHER MONEY FROM THE FUND ;4
335332 (c) B
336333 Y RESOLUTION OF THE BOARD , TO AUTHORIZE AND ISSUE5
337334 REVENUE BONDS THAT ARE PAYABLE ONLY FROM THE MONEY IN THE6
338335 FUND, WHICH REVENUE BONDS MAY BE ISSUED TO PAY FOR SERVICES7
339336 PROVIDED BY OR TO ELIGIBLE ENTITIES OR FOR THE EXPENSES OF THE8
340337 ENTERPRISE;9
341338 (d) (I) T
342339 O HIRE STAFF AND CONTRACT WITH ANY PUBLIC OR
343340 10
344341 PRIVATE ENTITY, INCLUDING STATE AGENCIES, CONSULTANTS, AND THE11
345342 ATTORNEY GENERAL 'S OFFICE, FOR PROFESSIONAL AND TECHNICAL12
346343 ASSISTANCE, OFFICE SPACE AND ADMINISTRATIVE SERVICES, ADVICE, AND13
347344 OTHER SERVICES RELATED TO THE CONDUCT OF THE AFFAIRS OF THE14
348345 ENTERPRISE. THE BOARD SHALL ENCOURAGE DIVERSITY IN APPLICANTS15
349346 FOR CONTRACTS AND SHALL GENERALLY AVOID USING SINGLE -SOURCE16
350347 BIDS.17
351348 (II) T
352349 HE ENTERPRISE SHALL PAY A FAIR MARKET RATE TO ANY
353350 18
354351 PUBLIC ENTITY, PRIVATE ENTITY, CONTRACTOR, OR CONSULTANT, WHICH19
355352 MAY INCLUDE A STATE AGENCY , THE ATTORNEY GENERAL 'S OFFICE, OR20
356353 THE DEPARTMENT, THAT IS HIRED BY THE ENTERPRISE TO PERFORM DUTIES21
357354 PURSUANT TO SUBSECTION (3)(d)(I) OF THIS SECTION.22
358355 (e) T
359356 O ADOPT, AMEND, OR REPEAL POLICIES FOR THE REGULATION23
360357 OF THE ENTERPRISE'S AFFAIRS AND THE CONDUCT OF ITS BUSINESS24
361358 CONSISTENT WITH THIS SECTION.25
362359 (4) T
363360 HE ENTERPRISE IS A TYPE 2 ENTITY AS DEFINED IN SECTION26
364361 24-1-105
365362 AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES UNDER27
366363 181
367364 -10- THE BEHAVIORAL HEALTH ADMINISTRATION .1
368365 (5) (a) O
369366 N JULY 1, 2024, OR AS SOON AS POSSIBLE THEREAFTER,
370367 2
371368 THE STATE TREASURER SHALL TRANSFER SIX HUNDRED FIFTY THOUSAND3
372369 DOLLARS FROM THE GENERAL FUND TO THE FUND FOR THE PURPOSE OF4
373370 DEFRAYING EXPENSES INCURRED BY THE ENTERPRISE BEFORE IT RECEIVES5
374371 REVENUE FROM THE FEE OR REVENUE BOND PROCEEDS .6
375372 N
376373 OTWITHSTANDING ANY OTHER LAW , THE ENTERPRISE MAY ACCEPT AND
377374 7
378375 EXPEND ANY MONEY SO TRANSFERRED , AND, NOTWITHSTANDING ANY8
379376 STATE FISCAL RULE OR GENERALLY ACCEPTED ACCOUNTING PRINCIPLE9
380377 THAT COULD OTHERWISE BE INTERPRETED TO REQUIRE A CONTRARY10
381378 CONCLUSION, SUCH A TRANSFER IS A LOAN FROM THE STATE TREASURER11
382379 TO THE ENTERPRISE THAT IS REQUIRED TO BE REPAID AND IS NOT A GRANT12
383380 FOR PURPOSES OF SECTION 20 (2)(d) OF ARTICLE X OF THE STATE13
384381 CONSTITUTION OR AS DEFINED IN SECTION 24-77-102 (7). LOAN14
385382 LIABILITIES THAT ARE RECORDED IN THE FUND BUT ARE NOT REQUIRED TO15
386383 BE PAID IN THE CURRENT STATE FISCAL YEAR SHALL NOT BE CONSIDERED16
387384 WHEN CALCULATING SUFFICIENT STATUTORY FUND BALANCE FOR17
388385 PURPOSES OF SECTION 24-75-109.18
389386 (b) N
390387 O LATER THAN JULY 1, 2027, THE ENTERPRISE SHALL REPAY
391388 19
392389 THE LOAN OF FOUR HUNDRED FIFTY-FOUR THOUSAND DOLLARS RECEIVED20
393390 PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION AND ACCUMULATED21
394391 INTEREST FROM THE FUND. INTEREST ACCRUES ON THE MONEY BORROWED22
395392 AT A RATE EQUIVALENT TO THE RATE PER ANNUM ON THE MOST RECENTLY23
396393 ISSUED TEN-YEAR UNITED STATES TREASURY NOTE, ROUNDED TO THE24
397394 NEAREST ONE-TENTH OF ONE PERCENT, AS REPORTED BY THE "WALL25
398395 S
399396 TREET JOURNAL", AS OF THE DATE THE TRANSFER REQUIRED BY
400397 26
401398 SUBSECTION (5)(a) OF THIS SECTION IS MADE. INTEREST ACCRUES AT THE27
402399 181
403400 -11- RATE SPECIFIED IN THIS SUBSECTION (5)(b) BEGINNING ON THAT DATE AND1
404401 UNTIL THE DATE ON WHICH THE MONEY IS REPAID .2
405402 (c) T
406403 HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2029.
407404 3
408405 27-83-105. Alcohol impact fee - alcohol impact enterprise4
409406 collection fund - rules. (1) F
410407 OR THE STATE FISCAL YEAR COMMENCING5
411408 J
412409 ULY 1, 2025, AND FOR EACH STATE FISCAL YEAR THEREAFTER , UNLESS6
413410 ADJUSTED PURSUANT TO SUBSECTION (5) OF THIS SECTION, THE7
414411 ENTERPRISE IS AUTHORIZED TO CHARGE AND COLLECT AN ALCOHOL8
415412 IMPACT FEE THAT IS REASONABLY CALCULATED BASED ON THE COSTS OF
416413 9
417414 THE SERVICES PROVIDED BY THE ENTERPRISE FROM EVERY10
418415 MANUFACTURER OR WHOLESALE ALCOHOL DISTRIBUTOR OF :11
419416 (a) $0.0409 ON EVERY GALLON OF MALT LIQUOR, APPLE WINE, AND12
420417 HARD CIDER DISTRIBUTED IN COLORADO;13
421418 (b) $0.0367 ON EVERY LITER OF WINE EXCEPT APPLE WINE OR HARD14
422419 CIDER DISTRIBUTED IN COLORADO; AND15
423420 (c) $0.3060 ON EVERY LITER OF SPIRITUOUS LIQUOR DISTRIBUTED16
424421 IN COLORADO.17
425422 (2) (a) T
426423 HE EXECUTIVE DIRECTOR OF THE DEPARTMENT
427424 SHALL18
428425 COLLECT, ADMINISTER, AND ENFORCE THE FEE IMPOSED BY SUBSECTION19
429426 (1)
430427 OF THIS SECTION IN THE SAME MANNER AS THE COLLECTION ,20
431428 ADMINISTRATION, AND ENFORCEMENT OF STATE ALCOHOL EXCISE TAXES21
432429 PURSUANT TO SECTION 44-3-503. A MANUFACTURER OR WHOLESALE22
433430 ALCOHOL DISTRIBUTOR THAT PAYS THE FEE AS REQUIRED BY SUBSECTION23
434431 (1)
435432 OF THIS SECTION SHALL REMIT THE FEE TO THE DEPARTMENT AT THE24
436433 SAME TIME AND IN THE SAME MANNER IN WHICH THE MANUFACTURER OR25
437434 WHOLESALE ALCOHOL DISTRIBUTOR REMITS THE STATE ALCOHOL EXCISE26
438435 TAXES COLLECTED BY THE MANUFACTURER OR WHOLESALE ALCOHOL27
439436 181
440437 -12- DISTRIBUTOR AS REQUIRED BY SECTION 44-3-503. THE DEPARTMENT MAY1
441438 PROMULGATE RULES TO IMPLEMENT THIS SECTION .2
442439 (b) THE ENTERPRISE MAY REQUEST TO INCREASE OR DECREASE3
443440 THE FEE AS PROVIDED IN SUBSECTION (5) OF THIS SECTION.4
444441 (c) W
445442 HEN COLLECTING THE FEE, THE DEPARTMENT SHALL RETAIN5
446443 AN AMOUNT THAT DOES NOT EXCEED THE TOTAL COST OF COLLECTING ,6
447444 ADMINISTERING, AND ENFORCING THE FEE AND SHALL TRANSMIT THE7
448445 AMOUNT RETAINED TO THE STATE TREASURER , WHO SHALL CREDIT IT TO8
449446 THE ALCOHOL IMPACT ENTERPRISE COLLECTION FUND , WHICH IS CREATED9
450447 IN THE STATE TREASURY . ALL MONEY IN THE ALCOHOL IMPACT10
451448 ENTERPRISE COLLECTION FUND IS CONTINUOUSLY APPROPRIATED TO THE11
452449 DEPARTMENT TO DEFRAY THE COSTS INCURRED BY THE DEPARTMENT IN12
453450 COLLECTING, ENFORCING, AND ADMINISTERING THE FEE.13
454451 (d) T
455452 HE DEPARTMENT SHALL TRANSMIT ALL FEE REVENUE , LESS14
456453 ANY AMOUNT RETAINED PURSUANT TO SUBSECTION (2)(c) OF THIS15
457454 SECTION, TO THE STATE TREASURER , WHO SHALL CREDIT THE NET16
458455 REVENUE TO THE COLORADO ALCOHOL IMPACT ENTERPRISE FUND .17
459456 (3) O
460457 N OR BEFORE JULY 1, 2026, EACH SELF-DISTRIBUTING18
461458 MANUFACTURER OR WHOLESALE ALCOHOL DISTRIBUTOR SHALL :19
462459 (a) P
463460 AY THE FEE ON ALL ALCOHOL DISTRIBUTED IN COLORADO FOR20
464461 THE PERIOD BEGINNING JULY 1, 2025, AND ENDING JUNE 30, 2026; AND21
465462 (b) R
466463 EPORT TO THE ENTERPRISE , IN A FORM AND MANNER22
467464 DETERMINED BY THE ENTERPRISE, THE AMOUNT OF ALCOHOL DISTRIBUTED23
468465 IN COLORADO FOR THE PERIOD BEGINNING JULY 1, 2025, AND ENDING24
469466 J
470467 UNE 30, 2026.25
471468 (4) O
472469 N OR BEFORE JULY 1, 2027, AND ON OR BEFORE JULY 1 OF26
473470 EACH YEAR THEREAFTER, EACH MANUFACTURER OR WHOLESALE ALCOHOL27
474471 181
475472 -13- DISTRIBUTOR SHALL:1
476473 (a) P
477474 AY THE FEE ON ALL ALCOHOL DISTRIBUTED IN COLORADO FOR2
478475 THE PREVIOUS STATE FISCAL YEAR; AND3
479476 (b) R
480477 EPORT TO THE ENTERPRISE THE AMOUNT OF ALCOHOL4
481478 DISTRIBUTED IN COLORADO FOR THE PREVIOUS STATE FISCAL YEAR .5
482479 (5) I
483480 F THE ENTERPRISE FINDS THE FEE NEEDS TO BE INCREASED OR
484481 6
485482 DECREASED, THE ENTERPRISE SHALL RECOMMEND THE FEE INCREASE OR7
486483 DECREASE TO THE HOUSE OF REPRESENTATIVES FINANCE COMMITTEE AND8
487484 THE SENATE FINANCE COMMITTEE , OR THEIR SUCCESSOR COMMITTEES, NO9
488485 LATER THAN DECEMBER 15 PRIOR TO THE STATE FISCAL YEAR DURING10
489486 WHICH THE ADJUSTMENT WILL BECOME EFFECTIVE . THE11
490487 RECOMMENDATION MUST INCLUDE PROPOSED INFLATIONARY CHANGES ,12
491488 ANY CHANGES BASED ON THE COSTS OF THE BUSINESS SERVICES PROVIDED13
492489 BY THE ENTERPRISE, AND ANY OTHER INFORMATION DEEMED RELEVANT14
493490 BY THE BOARD. THE ENTERPRISE SHALL NOT ADJUST THE FEE UNLESS15
494491 APPROVED BY THE GENERAL ASSEMBLY ACTING BY BILL .16
495492 27-83-106. Colorado alcohol impact enterprise fund - creation.17
496493 (1) T
497494 HERE IS CREATED IN THE STATE TREASURY THE COLORADO ALCOHOL18
498495 IMPACT ENTERPRISE FUND. THE FUND CONSISTS OF MONEY CREDITED TO19
499496 THE FUND PURSUANT TO SECTION 27-83-105
500497 AND ANY GIFTS, GRANTS, OR20
501498 DONATIONS RECEIVED PURSUANT TO SUBSECTION (4) OF THIS SECTION.21
502499 (2) T
503500 HE MONEY IN THE FUND MUST NOT BE DEPOSITED INTO OR22
504501 TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND . THE STATE23
505502 TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE24
506503 DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND . ANY25
507504 UNENCUMBERED MONEY IN THE FUND REMAINS IN THE FUND AND MUST26
508505 NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANY OTHER27
509506 181
510507 -14- FUND.1
511508 (3) M
512509 ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE2
513510 ENTERPRISE FOR THE PURPOSES OF:3
514511 (a) P
515512 AYING FOR ANY DIRECT AND INDIRECT ADMINISTRATIVE4
516513 EXPENSES INCURRED BY THE ENTERPRISE , NOT TO EXCEED FIVE PERCENT5
517514 OF THE AMOUNT OF MONEY IN THE FUND ; AND6
518515 (b) C
519516 ARRYING OUT TO THE PURPOSES OF THIS ARTICLE 83
520517 .7
521518 (4) T
522519 HE BOARD MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,8
523520 OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF9
524521 THIS SECTION, AS LONG AS THE COMBINATION OF GRANTS FROM STATE AND10
525522 LOCAL GOVERNMENTS IS LESS THAN TEN PERCENT OF THE ENTERPRISE 'S11
526523 TOTAL REVENUE. ANY MONEY RECEIVED PURSUANT TO THIS SUBSECTION12
527524 (4)
528525 SHALL BE TRANSMITTED TO THE STATE TREASURER , WHO SHALL CREDIT13
529526 THE MONEY TO THE FUND.14
530527 27-83-107.
531528 Colorado alcohol treatment and recovery15
532529 affordability grant program - creation - reporting. (1) T
533530 HERE IS16
534531 CREATED IN THE ENTERPRISE THE COLORADO ALCOHOL TREATMENT AND17
535532 RECOVERY AFFORDABILITY GRANT PROGRAM FOR WHICH APPROXIMATELY18
536533 EIGHTY PERCENT OF THE MONEY IN THE FUND MAY BE USED TO AWARD19
537534 GRANTS TO BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES20
538535 ORGANIZATIONS THROUGHOUT THE STATE THAT PROVIDE MONEY TO21
539536 RECOVERY PROVIDERS AND TREATMENT PROVIDERS . UNLESS ADJUSTED
540537 22
541538 PURSUANT TO SECTION 27-83-111 (6)(h), THE ENTERPRISE SHALL23
542539 ALLOCATE FORTY-EIGHT PERCENT OF THE MONEY IN THE FUND TO SUPPORT24
543540 TREATMENT PROVIDERS AND TWENTY PERCENT OF MONEY IN THE FUND TO25
544541 SUPPORT RECOVERY PROVIDERS .26
545542 (2) (a) T
546543 HE ENTERPRISE SHALL AWARD GRANTS TO BHASOS IN27
547544 181
548545 -15- THE STATE TO ENSURE THAT TREATMENT PROVIDERS AND RECOVERY1
549546 PROVIDERS FROM ACROSS THE STATE , INCLUDING RURAL, FRONTIER, AND2
550547 URBAN REGIONS, HAVE EQUITABLE ACCESS TO MONEY FROM THE GRANT3
551548 PROGRAM.4
552549 (b) BHASO
553550 S THAT RECEIVE GRANTS SHALL PRIORITIZE FUNDING5
554551 FOR PRIORITY POPULATIONS. IN COLLABORATION WITH THE BHA, THE6
555552 ENTERPRISE BOARD SHALL
556553 DEFINE PRIORITY POPULATIONS, WHICH MAY7
557554 INCLUDE POPULATIONS BY REGION IF COMMUNITY NEEDS DIFFER , AND8
558555 SHALL ANNUALLY UPDATE THE PRIORITY POPULATION DEFINITION , IF9
559556 NEEDED.10
560557 (3) (a) BHASO
561558 S THAT RECEIVE GRANTS SHALL ENSURE THAT EACH11
562559 TREATMENT PROVIDER AND RECOVERY PROVIDER ESTABLISHES A SLIDING12
563560 FEE SCALE TO PROVIDE SUBSTANCE USE DISORDER TREATMENT OR13
564561 RECOVERY SERVICES TO AN INDIVIDUAL WITH A SUBSTANCE USE14
565562 DISORDER, REGARDLESS OF THE INDIVIDUAL'S ABILITY TO PAY.15
566563 (b) A
567564 BHASO THAT RECEIVES A GRANT THROUGH THE PROGRAM16
568565 SHALL NOT REFUSE TO PROVIDE FINANCIAL SUPPORT TO A RECOVERY17
569566 PROVIDER OR TREATMENT PROVIDER BASED SOLELY ON :18
570567 (I) T
571568 HE PROVIDER'S TREATMENT OF AN INDIVIDUAL 'S19
572569 CO-OCCURRING SUBSTANCE USE DISORDER OR MENTAL HEALTH20
573570 CONDITION; OR21
574571 (II) W
575572 HERE THE INDIVIDUAL WHO NEEDS TREATMENT LIVES OR THE22
576573 INDIVIDUAL'S REFERRAL TYPE, INCLUDING A REFERRAL FROM THE23
577574 CRIMINAL JUSTICE SYSTEM.24
578575 (c) A
579576 BHASO THAT RECEIVES A GRANT MAY USE THE GRANT
580577 25
581578 MONEY:26
582579 (I) T
583580 O PROVIDE TREATMENT SERVICES TO INDIVIDUALS WHO HAVE
584581 27
585582 181
586583 -16- ALCOHOL USE DISORDER OR WHO HAVE ALCOHOL USE DISORDER AND1
587584 ANOTHER CO-OCCURRING SUBSTANCE USE DISORDER ; AND2
588585 (II) F
589586 OR PROGRAMS AND SERVICES RELATED TO RECOVERY FROM
590587 3
591588 ALCOHOL USE DISORDER AND RECOVERY FROM ALCOHOL USE DISORDER4
592589 WITH CO-OCCURRING SUBSTANCE USE DISORDERS .5
593590 (4) E
594591 ACH BHASO SHALL REPORT ANNUALLY TO THE BHA AND6
595592 THE ENTERPRISE BOARD ON THE USE OF THE MONEY , IN A MANNER THAT7
596593 COMPLIES WITH PROTECTING PATIENT HEALTH INFORMATION , INCLUDING:8
597594 (a) T
598595 HE AMOUNT OF MONEY DISTRIBUTED TO EACH TREATMENT9
599596 PROVIDER, RECOVERY PROVIDER, AND ELIGIBLE ENTITY THAT PROVIDES
600597 10
601598 HARM REDUCTION SERVICES;11
602599 (b) T
603600 HE NUMBER OF INDIVIDUALS SERVED AND THEIR12
604601 DEMOGRAPHIC DATA;13
605602 (c) T
606603 HE NUMBER OF INDIVIDUALS SERVED IN EACH PRIORITY14
607604 POPULATION CATEGORY , AS DEFINED BY THE ENTERPRISE BOARD15
608605 PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION; AND16
609606 (d) F
610607 OR EACH INDIVIDUAL SERVED:17
611608 (I) W
612609 HETHER THE MONEY WAS USED FOR A COPAYMENT ,18
613610 DEDUCTIBLE, OR OTHER COST NOT OTHERWISE COVERED BY INSURANCE ;19
614611 (II) I
615612 F THE INDIVIDUAL WITH A SUBSTANCE USE DISORDER20
616613 REQUIRED MONEY BECAUSE OF LACK OF INSURANCE COVERAGE ,21
617614 INFORMATION ON THE INDIVIDUAL'S TYPE OF INSURANCE AND THE LEVEL22
618615 AND TYPE OF CARE NEEDED; AND23
619616 (III) T
620617 HE REFERRAL SOURCE.24
621618 27-83-108.
622619 Colorado alcohol use prevention and early25
623620 intervention grant program - creation - reporting - definition.26
624621 (1) T
625622 HERE IS CREATED IN THE ENTERPRISE THE COLORADO ALCOHOL USE27
626623 181
627624 -17- PREVENTION AND EARLY INTERVENTION GRANT PROGRAM TO BEGIN1
628625 PROVIDING GRANTS NO LATER THAN JANUARY 1, 2026, FOR PURPOSES2
629626 RELATED TO THE PREVENTION AND EARLY INTERVENTION OF ALCOHOL3
630627 AND RELATED SUBSTANCE USE DISORDERS . UNLESS ADJUSTED PURSUANT4
631628 TO SECTION 27-83-111 (6)(h), THE ENTERPRISE SHALL USE5
632629 APPROXIMATELY FIFTEEN PERCENT OF THE MONEY IN THE FUND FOR THE6
633630 PURPOSE OF AWARDING GRANTS TO :7
634631 (a) E
635632 LIGIBLE ENTITIES THAT INCREASE THE AVAILABILITY AND USE8
636633 OF SCREENING, BRIEF INTERVENTION, AND REFERRAL TO TREATMENT9
637634 PROGRAMS;10
638635 (b) E
639636 LIGIBLE ENTITIES THAT WORK TO PREVENT YOUTH SUBSTANCE11
640637 USE DISORDERS, INCLUDING UNDERAGE DRINKING PREVENTION AND
641638 12
642639 RELATED SUBSTANCE USE; AND13
643640 (c) E
644641 LIGIBLE ENTITIES THAT PROVIDE ALCOHOL AND RELATED14
645642 SUBSTANCE USE DISORDER PREVENTION SERVICES IN AREAS OF HIGHEST15
646643 NEED, INCLUDING COMMUNITY -ORIENTED, CHILDREN-ORIENTED,16
647644 YOUTH-ORIENTED, AND FAMILY-ORIENTED PREVENTION SERVICES ; AND
648645 17
649646 (d) E
650647 LIGIBLE ENTITIES THAT INCREASE THE AVAILABILITY AND USE
651648 18
652649 OF SCREENING, EARLY INTERVENTION, AND REFERRAL TO SERVICES FOR19
653650 FETAL ALCOHOL SPECTRUM DISORDERS .20
654651 (2) E
655652 ACH ELIGIBLE ENTITY THAT RECEIVES A GRANT THROUGH THE21
656653 GRANT PROGRAM SHALL REPORT TO THE ENTERPRISE , IN A FORM AND22
657654 MANNER DETERMINED BY THE ENTERPRISE , ON THE USE OF AND OUTCOMES23
658655 ASSOCIATED WITH THE USE OF THE GRANT PROGRAM MONEY .24
659656 27-83-109.
660657 Colorado harm reduction and alcohol-related25
661658 impaired driving prevention and deterrence grant program -26
662659 creation. (1) T
663660 HERE IS CREATED IN THE ENTERPRISE THE COLORADO27
664661 181
665662 -18- ALCOHOL-RELATED IMPAIRED DRIVING PREVENTION AND DETERRENCE1
666663 GRANT PROGRAM. UNLESS ADJUSTED PURSUANT TO SECTION 27-83-1112
667664 (6)(h),
668665 THE ENTERPRISE SHALL DISTRIBUTE
669666 APPROXIMATELY TEN PERCENT3
670667 OF THE MONEY IN THE FUND FOR PROVIDING GRANTS TO ELIGIBLE ENTITIES4
671668 THAT PROVIDE HARM REDUCTION SERVICES AND ELIGIBLE ENTITIES THAT5
672669 PROVIDE EDUCATION ABOUT, DETERRENCE OF, AND SUPPORT FOR VICTIMS6
673670 OF ALCOHOL-RELATED IMPAIRED DRIVING.7
674671 8
675672 (2) AN ELIGIBLE ENTITY THAT RECEIVES A GRANT THROUGH THE9
676673 GRANT PROGRAM SHALL REPORT TO THE ENTERPRISE , IN A FORM AND10
677674 MANNER DETERMINED BY THE ENTERPRISE , ON THE USE OF AND OUTCOMES11
678675 ASSOCIATED WITH THE USE OF THE GRANT PROGRAM MONEY .12
679676 27-83-110. Colorado tribal alcohol impact grant program -13
680677 creation. (1) T
681678 HERE IS CREATED IN THE ENTERPRISE THE COLORADO
682679 14
683680 TRIBAL ALCOHOL IMPACT GRANT PROGRAM TO BEGIN PROVIDING GRANTS15
684681 NO LATER THAN JANUARY 1, 2026. UNLESS ADJUSTED PURSUANT TO16
685682 SECTION 27-83-111 (6)(h), THE ENTERPRISE SHALL USE APPROXIMATELY17
686683 TWO PERCENT OF THE MONEY IN THE FUND FOR THE PURPOSE OF18
687684 AWARDING GRANTS TO THE FOLLOWING ORGANIZATIONS FOR ANY OF THE19
688685 PURPOSES SPECIFIED IN SECTION 27-83-104 (1)(b)(II):20
689686 (a) I
690687 NDIAN TRIBES AND TRIBAL ORGANIZATIONS AS THOSE TERMS
691688 21
692689 ARE DEFINED IN THE FEDERAL "INDIAN SELF-DETERMINATION AND22
693690 E
694691 DUCATION ASSISTANCE ACT", 25 U.S.C. SEC. 5304, AS AMENDED; AND
695692 23
696693 (b) U
697694 RBAN INDIAN ORGANIZATIONS AS DEFINED IN THE FEDERAL
698695 24
699696 "
700697 INDIAN HEALTH CARE IMPROVEMENT ACT ", 25 U.S.C. SEC. 1603, AS
701698 25
702699 AMENDED, FOR ANY PURPOSES UNDER 44-2-104 (1)(b)(II).26
703700 (2) E
704701 ACH ORGANIZATION THAT RECEIVES A GRANT THROUGH THE
705702 27
706703 181
707704 -19- GRANT PROGRAM SHALL REPORT TO THE ENTERPRISE , IN A FORM AND1
708705 MANNER DETERMINED BY THE ENTERPRISE , ON THE USE OF AND OUTCOMES2
709706 ASSOCIATED WITH THE USE OF THE GRANT PROGRAM MONEY .3
710707 27-83-111. Alcohol impact enterprise board - creation - duties4
711708 - report. (1) T
712709 HERE IS CREATED IN THE ENTERPRISE THE ALCOHOL IMPACT5
713710 ENTERPRISE BOARD THAT CONSISTS OF :6
714711 (a) T
715712 HE FOLLOWING NONVOTING , EX OFFICIO MEMBERS:7
716713 (I) T
717714 HE COMMISSIONER OF THE BEHAVIORAL HEALTH8
718715 ADMINISTRATION, OR THE COMMISSIONER'S DESIGNEE;9
719716 (II) T
720717 HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC10
721718 HEALTH AND ENVIRONMENT , OR THE EXECUTIVE DIRECTOR'S DESIGNEE;11
722719 (III) T
723720 HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE ,12
724721 OR THE EXECUTIVE DIRECTOR'S DESIGNEE; AND13
725722 (IV) T
726723 HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HEALTH14
727724 CARE PLANNING AND FINANCING , OR THE EXECUTIVE DIRECTOR 'S15
728725 DESIGNEE; AND16
729726
730727 17
731728 (b) N
732729 INE VOTING MEMBERS APPOINTED BY THE GOVERNOR , WHO
733730 18
734731 SERVE AT THE PLEASURE OF THE GOVERNOR , INCLUDING:19
735732 (I) A
736733 T LEAST THREE MEMBERS WITH EXPERIENCE IN AS MANY OF
737734 20
738735 THE FOLLOWING AREAS AS POSSIBLE:21
739736 (A) A
740737 LCOHOL USE DISORDER PREVENTION PROGRAMS AND
741738 22
742739 SERVICES, INCLUDING SCHOOL-BASED PREVENTION EFFORTS ALCOHOL USE23
743740 DISORDER TREATMENT PROGRAMS AND SERVICES ;24
744741 (B) A
745742 LCOHOL USE DISORDER RECOVERY PROGRAMS AND SERVICES ;
746743 25
747744 (C) P
748745 ROVIDING YOUTH MENTAL HEALTH SERVICES , SUCH AS A
749746 26
750747 SOCIAL WORKER, A CHILD AND ADOLESCENT PSYCHIATRIST , OR OTHER27
751748 181
752749 -20- PROFESSIONAL SPECIALIZING IN CARING FOR YOUTH , WITH EXPERTISE IN1
753750 YOUTH ALCOHOL USE PREVENTION , TREATMENT, OR RECOVERY; OR2
754751 (D) I
755752 MPAIRED DRIVING PREVENTION AND DETERRENCE , INCLUDING
756753 3
757754 EXPERIENCE IN LAW ENFORCEMENT ;4
758755 (II) A
759756 T LEAST THREE MEMBERS WHO MEET AS MANY OF THE BELOW
760757 5
761758 CRITERIA AS POSSIBLE:6
762759 (A) H
763760 AVE EXPERIENCED AN ALCOHOL USE DISORDER ;
764761 7
765762 (B) H
766763 AVE A FAMILY MEMBER WHO HAS EXPERIENCED AN ALCOHOL
767764 8
768765 USE DISORDER OR FETAL ALCOHOL SPECTRUM DISORDER ; OR9
769766 (C) R
770767 EPRESENT AN ADVOCACY ORGANIZATION FOR PEOPLE WITH
771768 10
772769 MENTAL HEALTH CONDITIONS AND ALCOHOL AND RELATED SUBSTANCE11
773770 USE DISORDERS; AND12
774771 (III) A
775772 T LEAST THREE MEMBERS WHO REPRESENT THE ALCOHOL
776773 13
777774 INDUSTRY, INCLUDING ONE MEMBER REPRESENTING THE VINOUS LIQUOR14
778775 INDUSTRY, ONE MEMBER REPRESENTING THE SPIRITUOUS LIQUOR15
779776 INDUSTRY, AND ONE MEMBER REPRESENTING THE MALT LI QUOR INDUSTRY .16
780777 (2) I
781778 N MAKING THE APPOINTMENTS DESCRIBED IN SUBSECTION17
782779 (1)(b)
783780 OF THIS SECTION, THE GOVERNOR SHOULD ATTEMPT TO INCLUDE18
784781 INDIVIDUALS WHO:19
785782 (a) H
786783 AVE EXPERIENCE PROVIDING SERVICES ACROSS THE20
787784 CONTINUUM OF CARE FOR ALC OHOL AND RELATED SUBSTANCE USE21
788785 DISORDERS;22
789786 (b) R
790787 EFLECT THE ETHNIC , RACIAL, CULTURAL, GENDER,23
791788 IMMIGRATION STATUS, WEALTH, ABILITY, AND GEOGRAPHIC DIVERSITY OF24
792789 THE STATE; AND25
793790 (c) T
794791 O THE EXTENT PRACTICABLE, HAVE LIVED EXPERIENCE WITH26
795792 AND HAVE RECEIVED SERVICES ACROSS THE CONTINUUM OF CARE FOR27
796793 181
797794 -21- ALCOHOL AND RELATED SUBSTANCE USE DISORDERS .1
798795 (3) (a) VOTING MEMBERS OF THE ENTERPRISE BOARD SERVE AT2
799796 THE PLEASURE OF THE GOVERNOR . ALL TERMS ARE FOR FOUR YEARS ;3
800797 EXCEPT THAT, OF THE MEMBERS INITIALLY APPOINTED BY THE GOVERNOR ,4
801798 SIX SHALL SERVE AN INITIAL TERM OF TWO YEARS AS DESIGNATED BY THE5
802799 GOVERNOR. A MEMBER WHO IS APPOINTED TO FILL A VACANCY SERVES6
803800 THE REMAINDER OF THE UNEXPIRED TERM OF THE FORMER MEMBER .7
804801 (b) I
805802 F A VOTING BOARD MEMBER HAS A CONFLICT OF INTEREST
806803 8
807804 WITH RESPECT TO ANY MA TTER SCHEDULED FOR HEARING BEFORE THE9
808805 BOARD, THE MEMBER SHALL RECUSE THEMSELVES FROM ANY DISCUSSION10
809806 AND DECISIONS ON THE MATTER UNLESS , AFTER FULL DISCLOSURE OF THE11
810807 FACTS GIVING RISE TO THE CONFLICT, THE BOARD AGREES TO WAIVE THE12
811808 CONFLICT. FOR PURPOSES OF THIS SUBSECTION (3)(b), A BOARD MEMBER13
812809 HAS A CONFLICT OF INTEREST IF THE BOARD MEMBER HAS A CONFLICT14
813810 THAT WOULD CALL INTO QUESTION THE MEMBER 'S ABILITY TO RENDER AN15
814811 UNBIASED DECISION.16
815812 (4) T
816813 HE MEMBERS OF THE ENTERPRISE BOARD SHALL ELECT A17
817814 CHAIR AND VICE-CHAIR FROM AMONG THE MEMBERS OF THE ENTERPRISE18
818815 BOARD APPOINTED PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION.19
819816 (5) M
820817 EMBERS OF THE ENTERPRISE BOARD SERVING IN A20
821818 PROFESSIONAL CAPACITY SERVE WITHOUT COMPENSATION BUT MUST BE21
822819 REIMBURSED FROM MONEY IN THE FUND FOR ACTUAL AND NECESSARY22
823820 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO23
824821 THIS SECTION. A MEMBER OF THE ENTERPRISE BOARD SERVING DUE TO THE24
825822 MEMBER'S LIVED EXPERIENCE MUST BE OFFERED A PER DIEM AS25
826823 ESTABLISHED BY THE ENTERPRISE BOARD AND DISTRIBUTED FROM MONEY26
827824 IN THE FUND AND MUST BE REIMBURSED FROM MONEY IN THE FUND FOR27
828825 181
829826 -22- ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF1
830827 THEIR DUTIES PURSUANT TO THIS SECTION.2
831828 (6) T
832829 HE ENTERPRISE BOARD SHALL, AT A MINIMUM:3
833830 (a) R
834831 EVIEW CURRENT STATE PLANS RELATED TO ALCOHOL AND4
835832 RELATED SUBSTANCE USE DISORDER PREVENTION , EARLY INTERVENTION,5
836833 TREATMENT, RECOVERY, AND HARM REDUCTION SUPPORT SERVICES IN6
837834 ORDER TO FORMULATE RECOMMENDATIONS FOR USES OF THE FEE ;7
838835 (b) R
839836 EVIEW AND APPROVE AN ANNUAL BUDGET FOR THE8
840837 ENTERPRISE;9
841838 (c) E
842839 STABLISH FUNDING ALLOCATION MODELS FOR BHASOS AND10
843840 DETERMINE PRIORITY POPULATIONS FOR PURPOSES OF THE COLORADO11
844841 ALCOHOL TREATMENT, RECOVERY, AND HARM REDUCTION
845842 AFFORDABILITY12
846843 GRANT PROGRAM CREATED IN SECTION 27-83-107.13
847844 (d) R
848845 EVIEW AND APPROVE RECOMMENDATIONS FOR ALLOCATION14
849846 OF MONEY IN THE FUND;15
850847 (e) R
851848 EVIEW THE OUTCOMES OF THE MONEY AWARDED ;16
852849 (f) R
853850 EVIEW AND APPROVE AN ANNUAL REPORT OF EXPENDITURES17
854851 AND SERVICES PROVIDED PURSUANT TO THIS SECTION ;
855852 18
856853 (g) A
857854 DMINISTER THE GRANT PROGRAMS CREATED IN THIS ARTICLE19
858855 83
859856 , INCLUDING CREATING A GRANT APPLICATION PROCESS FOR EACH20
860857 GRANT PROGRAM, MAKING THE GRANT APPLICATION PROCESS PUBLICLY21
861858 AVAILABLE PRIOR TO ACCEPTING APPLICATIONS , AND BEGINNING TO22
862859 ACCEPT GRANT APPLICATIONS NO LATER THAN JANUARY 1, 2026. A GRANT23
863860 APPLICATION CREATED PURSUANT TO THIS SUBSECTION (6)(g) MUST, AT A24
864861 MINIMUM, REQUIRE THE APPLICANT TO INCLUDE THE FOLLOWING25
865862 INFORMATION:26
866863 (I) A
867864 N APPLICATION NARRATIVE THAT DESCRIBES HOW THE
868865 27
869866 181
870867 -23- ELIGIBLE ENTITY WILL USE THE GRANT, INCLUDING HOW THE GRANT WILL1
871868 ADDRESS ALCOHOL USE OR ALCOHOL USE DISORDER AND HOW THE2
872869 ELIGIBLE ENTITY WILL ENSURE THAT THE FUNDS ARE NOT USED SOLELY3
873870 FOR NONALCOHOL-RELATED SUBSTANCE USE DISORDERS ;4
874871 (II) T
875872 HE PROVIDERS WHO WILL RECEIVE GRANT FUNDS , INCLUDING
876873 5
877874 INFORMATION ABOUT THEIR HISTORY , MISSION, LOCATIONS, AND6
878875 LEADERSHIP;7
879876 (III) A
880877 PROPOSED BUDGET AND WHETHER THE PROPOSED PROGRAM
881878 8
882879 OR SERVICES MEET THE REQUIREMENTS SPECIFIED IN THIS SECTION ; AND9
883880 (IV) T
884881 HE AMOUNT OF IN -KIND CONTRIBUTIONS MADE OR
885882 10
886883 MATCHING FUNDS CONTRIBUTED , IF ANY, TO THE PROJECT BUDGET FROM11
887884 THE APPLICANT OR OTHER SOURCES OUTSIDE OF THE GRANT .12
888885 (h) E
889886 VALUATE THE PROPORTION OF MONEY IN THE FUND AWARDED
890887 13
891888 THROUGH EACH GRANT PROGRAM CREATED IN THIS ARTICLE 83 AND14
892889 ADJUST THE PROPORTIONS AS NECESSARY .15
893890 (7) (a) O
894891 N OR BEFORE JUNE 15, 2027, AND ON OR BEFORE JUNE 1516
895892 EACH YEAR THEREAFTER , THE ENTERPRISE BOARD SHALL SUBMIT A17
896893 WRITTEN REPORT TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF18
897894 THE SENATE, THE HEALTH AND HUMAN SERVICES COMMI TTEE OF THE19
898895 HOUSE OF REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES ; THE JOINT20
899896 BUDGET COMMITTEE OF THE GENERAL ASSEMBLY ; THE OFFICE OF THE21
900897 ATTORNEY GENERAL; AND THE GOVERNOR. THE REPORT MUST INCLUDE,22
901898 BUT NEED NOT BE LIMITED TO:23
902899 (I) T
903900 HE RECOMMENDATIONS FORMULATED PURSUANT TO24
904901 SUBSECTION (6)(a) OF THIS SECTION;25
905902 (II) A
906903 DESCRIPTION OF HOW THE FEE IS CALCULATED AND THE26
907904 PROCESS BY WHICH THE FEE IS ASSESSED AND COLLECTED ;27
908905 181
909906 -24- (III) AN ITEMIZATION OF THE TOTAL AMOUNT OF THE FEE PAID BY1
910907 EACH MANUFACTURER OR WHOLESALE ALCOHOL DISTRIBUTOR BY SPECIFIC2
911908 ALCOHOL BEVERAGE SOLD ;3
912909 (IV) A
913910 N ITEMIZATION OF THE COSTS INCURRED BY THE ENTERPRISE4
914911 IN IMPLEMENTING AND ADMINISTERING THE FEE ;5
915912 (V) T
916913 HE PERCENTAGE OF MONEY THAT WAS ALLOCATED TO EACH
917914 6
918915 OF THE GRANT PROGRAMS CREATED IN THIS ARTICLE 83;7
919916 (VI) F
920917 OR MONEY DISTRIBUTED PURSUANT TO SUBSECTION8
921918 27-83-107
922919 (1), AN ITEMIZATION OF SERVICES AND PROJECTS FUNDED9
923920 THROUGH THE ENTERPRISE, INCLUDING:10
924921 (A) D
925922 ATA REPORTED FROM BHASOS;11
926923 (B) T
927924 HE AMOUNT OF MONEY DISTRIBUTED TO EACH PROVIDER AND
928925 12
929926 ELIGIBLE ENTITY, AS DESCRIBED IN SECTION 27-83-107 (1), BY AMOUNT13
930927 AND PROVIDER AND ELIGIBLE ENTITY;14
931928 (C) T
932929 HE NUMBER OF INDIVIDUALS SERVED , INCLUDING THEIR15
933930 DEMOGRAPHIC DATA;16
934931 (D) F
935932 OR EACH INDIVIDUAL SERVED, IF THE MONEY WAS USED FOR17
936933 A COPAYMENT, DEDUCTIBLE, OR OTHER COST NOT OTHERWISE COVERED18
937934 BY INSURANCE;19
938935 (E) F
939936 OR EACH INDIVIDUAL SERVED, IF THE INDIVIDUAL WITH AN20
940937 ALCOHOL OR RELATED SUBSTANCE USE DISORDER REQUIRED MONEY21
941938 BECAUSE OF LACK OF INSURANCE COVERAGE , INFORMATION ON THE22
942939 INDIVIDUAL'S TYPE OF INSURANCE AND THE LEVEL AND TYPE OF CARE23
943940 NEEDED;24
944941 (F) T
945942 HE NUMBER OF INDIVIDUALS SERVED IN EACH PRIORITY25
946943 POPULATION CATEGORY , AS DEFINED BY THE ENTERPRISE BOARD26
947944 PURSUANT TO SECTION 27-83-107
948945 (2)(b); AND27
949946 181
950947 -25- (G) FOR EACH INDIVIDUAL SERVED, THE REFERRAL SOURCE; 1
951948 (VII) F
952949 OR ALL GRANT PROGRAMS ADMINISTERED THROUGH THE2
953950 ENTERPRISE, THE NAME OF EACH ENTITY THAT RECEIVED A GRANT3
954951 THROUGH EACH GRANT PROGRAM , THE AMOUNT OF MONEY AWARDED TO4
955952 EACH ENTITY, AND THE USE OF AND OUTCOMES ASSOCIATED WITH THE USE5
956953 OF THE MONEY; AND
957954 6
958955 (VIII) T
959956 RENDS IN ALCOHOL-RELATED MORBIDITY AND MORTALITY
960957 7
961958 IN THE PREVIOUS CALENDAR YEAR .8
962959 (b) T
963960 HIS SUBSECTION (7) IS EXEMPT FROM SECTION 24-1-1369
964961 (11)(a)(I),
965962 AND THE PERIODIC REPORTING REQUIREMENT OF THIS10
966963 SUBSECTION (7) REMAINS IN EFFECT UNTIL CHANGED BY THE GENERAL11
967964 ASSEMBLY ACTING BY BILL.12
968965 27-83-112.
969966 Audit of Colorado alcohol impact and recovery13
970967 enterprise - notice to revisor of statutes - repeal. (1) D
971968 URING THE14
972969 2030-31
973970 STATE FISCAL YEAR, AND DURING EVERY FOURTH STATE FISCAL15
974971 YEAR THEREAFTER, THE STATE AUDITOR SHALL CONDUCT AN AUDIT OF16
975972 THE ENTERPRISE ESTABLISHED PURSUANT TO THIS ARTICLE 83
976973 . THE17
977974 ENTERPRISE SHALL PAY THE COSTS OF THE AUDIT OF THE ENTERPRISE . THE18
978975 STATE AUDITOR SHALL REPORT THE FINDINGS FROM THE AUDITS , ALONG19
979976 WITH ANY COMMENTS AND RECOMMENDATIONS , TO THE GOVERNOR AND20
980977 TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND21
981978 THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE OF22
982979 REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES. THE STATE AUDITOR23
983980 HAS CONTINUING AUTHORITY TO CONDUCT AUDITS OF THE ENTERPRISE AS24
984981 THE STATE AUDITOR DEEMS APPROPRIATE . THE ENTERPRISE SHALL PAY25
985982 THE COSTS OF ANY SUBSEQUENT AUDIT OF THE ENTERPRISE .26
986983 (2) (a) A
987984 S PART OF THE AUDIT CONDUCTED DURING THE 2042-4327
988985 181
989986 -26- STATE FISCAL YEAR, THE STATE AUDITOR SHALL ALSO CONSIDER WHETHER1
990987 IT IS NECESSARY TO CONTINUE TO CONDUCT THE AUDITS REQUIRED BY2
991988 SUBSECTION (1) OF THIS SECTION. IF THE STATE AUDITOR DETERMINES3
992989 THAT IT IS NO LONGER NECESSARY TO CONDUCT THE AUDITS , THE STATE4
993990 AUDITOR MUST PROVIDE WRITTEN NOTIC E TO THE REVISOR OF STATUTES5
994991 OF SUCH A DETERMINATION BY E -MAILING THE NOTICE TO6
995992 REVISOROFSTATUTES.GA@COLEG.GOV.7
996993 (b) T
997994 HIS SECTION IS REPEALED, EFFECTIVE JUNE 30 FOLLOWING8
998995 THE RECEIPT OF THE NOTICE AUTHORIZED BY SUBSECTION (2)(a) OF THIS9
999996 SECTION.10
1000997
1001998 11
1002999 SECTION 2. In Colorado Revised Statutes, 24-1-120, add (5)(n)12
10031000 as follows:13
10041001 24-1-120. Department of human services - creation. (5) The14
10051002 department of human services includes the following:15
10061003 (n) T
10071004 HE COLORADO ALCOHOL IMPACT AND RECOVERY ENTERPRISE ,
10081005 16
10091006 WHICH IS A TYPE 2 ENTITY, CREATED IN SECTION 27-83-104 (1)(a) IN THE17
10101007 BEHAVIORAL HEALTH ADMINISTRATION .18
10111008 19
10121009 SECTION 3. Appropriation. (1) For the 2024-25 state fiscal20
10131010 year, $98,583 is appropriated to the department of revenue. This21
10141011 appropriation is from the general fund. To implement this act, the22
10151012 department may use this appropriation as follows:23
10161013 (a) $21,785 for tax administration IT system (GenTax) support;24
10171014 (b) $11,104 for use by the taxation business group for personal25
10181015 services related to taxation services;26
10191016 (c) $8,085 for use by the executive director's office for personal27
10201017 181
10211018 -27- services related to administration and support; and1
10221019 (d) $57,609 for the purchase of legal services.2
10231020 (2) For the 2024-25 state fiscal year, $57,609 is appropriated to3
10241021 the department of law. This appropriation is from reappropriated funds4
10251022 received from the department of revenue under subsection (1)(d) of this5
10261023 section and is based on an assumption that the department of law will6
10271024 require an additional 0.3 FTE. To implement this act, the department of7
10281025 law may use this appropriation to provide legal services for the8
10291026 department of revenue.9
10301027 SECTION 4. Safety clause. The general assembly finds,10
10311028 determines, and declares that this act is necessary for the immediate11
10321029 preservation of the public peace, health, or safety or for appropriations for12
10331030 the support and maintenance of the departments of the state and state13
10341031 institutions.14
10351032 181
10361033 -28-