Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0652.03 Yelana Love x2295
SENATE BILL 24-181
Senate Committees House Committees
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF THE COLORADO ALCOHOL IMPACT101
AND RECOVERY ENTERPRISE , AND, IN CONNECTION THEREWITH ,
102
MAKING AN APPROPRIATION .103
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
SENATE
3rd Reading Unamended
April 30, 2024
SENATE
Amended 2nd Reading
April 29, 2024
SENATE SPONSORSHIP
Priola and Hansen, Winter F., Buckner, Cutter, Exum, Fields, Gonzales, Jaquez Lewis,
Marchman, Michaelson Jenet, Bridges, Coleman
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. prevention, early intervention, treatment, harm reduction,
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 83 to title
2
27 as follows:3
ARTICLE 834
Colorado Alcohol Impact and Recovery Enterprise5
27-83-101. Short title. T HE SHORT TITLE OF THIS ARTICLE 83 IS6
THE "COLORADO ALCOHOL USE IMPACT AND RECOVERY FEE ACT".7
27-83-102. 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 THOUSAND SIX HUNDRED14
TWENTY-THREE DEATHS IN COLORADO ARE ATTRIBUTABLE TO EXCESSIVE15
ALCOHOL USE;16
181-2- (c) COLORADO TAXPAYERS SPENT OVER FIVE BILLION DOLLARS AS1
A RESULT OF EXCESSIVE ALCOHOL USE IN 2010; ADJUSTED FOR INFLATION,2
THIS IS EQUIVALENT TO SIX BILLION NINE HUNDRED MILLION DOLLARS IN3
2023
OR TWO DOLLARS AND EIGHTY-NINE CENTS PER DRINK CONSUMED ;4
(d) I
N 2021, BOTH THE PER CAPITA ALCOHOL CONSUMPTION AND5
THE PERCENTAGE OF ADULTS WHO REPORTED BINGE DRINKING IN THE PAST6
THIRTY DAYS IN COLORADO WERE HIGHER THAN THE NATIONAL AVERAGE ;7
(e) I
N 2019, PROSECUTORS IN COLORADO FILED OVER TWENTY -SIX8
THOUSAND CASES WITH AT LEAST ONE CHARGE OF DRIVING UNDER THE9
INFLUENCE. OF CASES WITH A CONVICTION FOR DRIVING UNDER THE10
INFLUENCE, THIRTY-SEVEN PERCENT OF THE DEFENDANTS HAD AT LEAST11
ONE PRIOR ARREST FOR DRIVING UNDER THE INFLUENCE .12
(f) I
N 2021, THE NATIONAL HIGHWAY TRAFFIC SAFETY13
ADMINISTRATION REPORTED THAT TWO HUNDRED SIXTEEN PEOPLE WERE14
KILLED ON COLORADO ROADS BY ALCOHOL -IMPAIRED DRIVERS, AN15
INCREASE OF THIRTY TWO PERCENT FROM 2019;16
(g) D
ATA FROM THE 2021 HEALTHY KIDS COLORADO SURVEY17
FOUND THAT:18
(I) O
VER TWENTY-THREE PERCENT OF YOUTH REPORTED USING19
ALCOHOL IN THE PREVIOUS MONTH ;20
(II) O
VER FOURTEEN PERCENT OF YOUTH REPORTED BINGE21
DRINKING ONE OR MORE TIMES IN THE PREVIOUS MONTH ; AND22
(III) O
VER FIFTY-THREE PERCENT OF YOUTH FELT IT WOULD BE23
EASY TO OBTAIN ALCOHOL IF THEY WANTED TO ;24
(h) I
T IS ESTIMATED THAT ONE IN TWENTY SCHOOL CHILDREN IN25
THE UNITED STATES HAVE FETAL ALCOHOL SPECTRUM DISORDERS , WHICH26
CAN LEAD TO:27
181
-3- (I) PROBLEMS WITH THE HEART, KIDNEYS, AND OTHER ORGANS;1
(II) B
EHAVIORAL HEALTH AND INTELLECTUAL DISABILITIES ; AND2
(III) I
NCREASED RISK OF DEVELOPING A SUBSTANCE USE3
DISORDER;4
(i) A
LCOHOL IS THE MOST PREVALENT POTENTIALLY DAMAGING5
SUBSTANCE USED BY PREGNANT WOMEN , INCREASING THE RISK FOR FETAL6
ALCOHOL SPECTRUM DISORDER AND ASSOCIATED HEALTH IMPACTS ON7
INFANTS;8
(j) T
HE HIGHEST NUMBER OF SUBSTANCE USE TREATMENT9
ADMISSIONS IN COLORADO FROM 2022 AND 2023 WERE FOR ALCOHOL USE10
DISORDER, WITH OVER SIXTY -FIVE PERCENT OF ALL ADMISSIONS11
INCLUDING ALCOHOL USE DISORDER ;12
(k) T
HERE IS A STRONG LINK BETWEEN ALCOHOL USE AND13
SUBSTANCE USE DISORDERS . IN 2016, ABOUT ONE IN FIVE EMERGENCY14
DEPARTMENT VISITS ASSOCIATED WI TH THE MISUSE OF PRESCRIPTION15
MEDICINES ALSO INVOLVED ALCOHOL . IN 2017, ABOUT ONE IN SEVEN16
OPIOID-RELATED DEATHS INVOLVED DRINKING ALCOHOL WITHIN A FEW17
HOURS OF USING AN OPIOID, AND THE PROPORTION OF OPIOID OVERDOSE18
DEATHS INVOLVING ALCOHOL RANGED FROM SEVEN TO TWENTY -NINE19
PERCENT, VARYING ACROSS THE STATES . ADDITIONALLY, OPIOID20
OVERDOSE DEATHS WHERE ALCOHOL CONTRIBUTED TO THE DEATH21
INCREASED FORTY-ONE PERCENT FROM 2019 TO 2020.22
(l) B
ECAUSE OF THE LINK BETWEEN ALCOHOL USE AND THE USE OF23
OTHER SUBSTANCES, IT IS DIFFICULT TO TREAT AN ALCOHOL USE DISORDER24
WITHOUT ALSO ADDRESSING OTHER CO -OCCURRING SUBSTANCE USE
25
DISORDERS.26
27
181
-4- (2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :1
(a) T
HE INTENT OF THIS ARTICLE 83
IS TO ESTABLISH AN2
ENTERPRISE TO COLLECT FEES FROM THE MANUFACTURERS AND3
DISTRIBUTORS OF ALCOHOL TO PAY FOR ALCOHOL AND RELATED4
SUBSTANCE USE DISORDER PREVENTION , EARLY INTERVENTION ,5
TREATMENT, RECOVERY, OR HARM REDUCTION PROGRAMS AND SERVICES ;6
(b) C
ONSISTENT WITH THE DETERMINATION OF THE COLORADO7
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 8968
P.2d 859
(COLO. 1995), THE POWER TO IMPOSE TAXES IS INCONSISTENT9
WITH ENTERPRISE STATUS PURSUANT TO SECTION 20 OF ARTICLE X OF THE10
STATE CONSTITUTION, AND IT IS THE CONCLUSION OF THE GENERAL11
ASSEMBLY THAT THE REVENUE COLLECTED BY THE ENTERPRISE IS A FEE ,12
NOT A TAX, BECAUSE THE FEES ARE IMPOSED FOR THE SPECIFIC PURPOSE13
OF ALLOWING THE ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING14
ALCOHOL AND RELATED SUBSTANCE USE DISORDER PREVENTION , EARLY15
INTERVENTION, TREATMENT, RECOVERY, OR HARM REDUCTION PROGRAMS16
AND SERVICES RELATED TO THE MANUFACTURING AND DISTRIBUTION OF17
ALCOHOL; AND18
(c) M
ANUFACTURERS AND WHOLESALE DISTRIBUTORS OF ALC OHOL19
SHOULD BEAR SOME OF THE INCREASED COSTS FOR ALCOHOL AND20
RELATED SUBSTANCE USE DISORDER PREVENTION , EARLY INTERVENTION,21
TREATMENT, RECOVERY, OR HARM REDUCTION SERVICES.22
27-83-103.
Definitions. A S USED IN THIS ARTICLE 83, UNLESS THE23
CONTEXT OTHERWISE REQUIRES :24
(1) "A
LCOHOL" MEANS FERMENTED MALT BEVERAGES OR MALT ,25
VINOUS, OR SPIRITUOUS LIQUORS ; EXCEPT THAT "ALCOHOL" DOES NOT26
INCLUDE CONFECTIONERY CONTAINING ALCOHOL WITHIN THE LIMITS27
181
-5- PRESCRIBED BY SECTION 25-5-410 (1)(i)(II).1
(2) "A
LCOHOL USE DISORDER" MEANS THE RECURRENT USE OF
2
ALCOHOL THAT CAUSES CLINICALLY AND FUNCTIONALLY SIGNIFICANT3
IMPAIRMENT, SUCH AS HEALTH PROBLEMS, DISABILITY, AND FAILURE TO4
MEET MAJOR RESPONSIBILITIES AT WORK , SCHOOL, OR HOME.5
(3) "A
PPLE WINE" MEANS AN ALCOHOL BEVERAGE CONTAINING AT
6
LEAST ONE-HALF OF ONE PERCENT ALCOHOL BY VOLUME AND NOT MORE7
THAN TWENTY-TWO PERCENT ALCOHOL BY VOLUME THAT CONTAINS THE8
JUICE OR CONCENTRATED JUICE OF APPLES OR PEARS .9
(4) "BEHAVIORAL HEALTH ADMINISTRATION " OR "BHA" MEANS10
THE BEHAVIORAL HEALTH ADMINISTRATION IN THE STATE DEPARTMENT11
OF HUMAN SERVICES ESTABLISHED PURSUANT TO SECTION 27-50-102.12
(5) "BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES13
ORGANIZATION" OR "BHASO" MEANS AN ORGANIZATION SELECTED BY14
AND CONTRACTED WITH THE BEHAVIORAL HEALTH ADMINISTRATION15
PURSUANT TO SECTION 27-50-401 TO MANAGE A NETWORK OF PROVIDERS16
TO DELIVER A CONTINUUM OF BEHAVIORAL HEALTH SERVICES AND CARE17
COORDINATION IN THE BHASO'S REGION.18
(6) "BOARD" OR "ENTERPRISE BOARD" MEANS THE ALCOHOL19
IMPACT ENTERPRISE BOARD CREATED PURSUANT TO SECTION 27-83-111.20
(7) "DEPARTMENT" MEANS THE DEPARTMENT OF REVENUE .21
(8) "ELIGIBLE ENTITY" MEANS A NONPROFIT ORGANIZATION THAT22
PROVIDES PREVENTION, EARLY INTERVENTION, TREATMENT, RECOVERY,23
OR HARM REDUCTION SERVICES FOR MILD , MODERATE, OR SEVERE24
ALCOHOL OR RELATED SUBSTANCE USE DISORDERS OR FOR FETAL25
ALCOHOL SPECTRUM DISORDERS . 26
(9) "ENTERPRISE" MEANS THE COLORADO ALCOHOL IMPACT AND27
181
-6- RECOVERY ENTERPRISE CREATED IN SECTION 27-83-104.1
(10) "FEE" MEANS THE ALCOHOL IMPACT FEE DESCRIBED IN2
SECTION 27-83-105.3
(11) "FUND" MEANS THE COLORADO ALCOHOL IMPACT ENTERPRISE4
FUND CREATED IN SECTION 27-83-106.5
(12) "HARM REDUCTION SERVICES " MEANS A SET OF6
EVIDENCE-BASED STRATEGIES WITH THE AIM TO REDUCE7
ALCOHOL-RELATED PROBLEMS AND DANGERS ASSOCIATED WITH ALC OHOL8
USE AND TO IMPROVE QUALITY OF LIFE.9
(13) "MANUFACTURER OR WHOLESALE ALCOHOL DISTRIBUTOR "10
MEANS ANY PERSON:11
(a) H
OLDING ANY OF THE FOLLOWING LICENSES ISSUED BY THE12
STATE LICENSING AUTHORITY
PURSUANT TO ARTICLE 3 OF TITLE 44:13
(I) M
ANUFACTURER'S LICENSE;14
(II) L
IMITED WINERY LICENSE;15
(III) W
HOLESALER'S LIQUOR LICENSE;16
(IV) W
HOLESALER'S BEER LICENSE;17
(V) B
REW PUB LICENSE;18
(VI) D
ISTILLERY PUB LICENSE; OR19
(VII) V
INTNER'S RESTAURANT LICENSE; AND20
(b) THAT MANUFACTURED OR DISTRIBUTED ALCOHOL21
BEVERAGES IN THE PREVIOUS CALENDAR YEAR IN AMOUNT GREATER22
THAN:23
(I) O
NE HUNDRED THOUSAND PROOF GALLONS OF DISTILLED
24
SPIRITS;25
(II) O
NE HUNDRED THIRTY THOUSAND GALLONS OF WINE , OTHER
26
THAN APPLE WINE OR HARD CIDER; OR27
181
-7- (III) ONE HUNDRED EIGHTY -SIX MILLION GALLONS OF MALT1
LIQUOR, INCLUDING APPLE WINE AND HARD CIDER .2
3
(14) "RECOVERY PROVIDER" MEANS A RECOVERY COMMUNITY4
ORGANIZATION, AS DEFINED IN SECTION 27-80-126, OR A RECOVERY5
SUPPORT SERVICES ORGANIZATION , AS DEFINED IN SECTION 27-60-108,6
WHEN SUCH ORGANIZATION IS UNDER CONTRACT WITH A BHASO TO7
PROVIDE RECOVERY SERVICES.8
(15) "SUBSTANCE USE DISORDER" MEANS THE RECURRENT USE OF9
ALCOHOL, DRUGS, OR MULTIPLE SUBSTANCES CONCURRENTLY THAT10
CAUSES SIGNIFICANT CLINICAL AND FUNCTIONAL IMPAIRMENT, SUCH AS11
HEALTH PROBLEMS , DISABILITY, AND FAILURE TO MEET MAJOR12
RESPONSIBILITIES AT WORK, SCHOOL, OR HOME.13
(16) "TREATMENT PROVIDER " MEANS A SUBSTANCE USE14
TREATMENT PROVIDER LICENSED BY THE BHA AND UNDER CONTRACT15
WITH A BHASO.16
27-83-104. Colorado alcohol impact and recovery enterprise17
- creation - powers and duties - repeal. (1) (a) THE COLORADO18
ALCOHOL IMPACT AND RECOVERY ENTERPRISE IS CREATED IN THE19
BEHAVIORAL HEALTH ADMINISTRATION . THE PRIMARY BUSINESS PURPOSE20
OF THE ENTERPRISE IS TO REDUCE AND MITIGATE THE ADVERSE IMPACTS21
OF ALCOHOL BEVERAGES MANUFACTURED OR DISTRIBUTED IN THE STATE .22
T
O ALLOW THE ENTERPRISE TO ACCOMPLISH THIS BUSINESS PURPOSE , THE23
ENTERPRISE SHALL PROVIDE:24
(I) B
USINESS-RELATED SERVICES FOR ALCOHOL AND RELATED25
SUBSTANCE USE DISORDER PREVENTION , EARLY INTERVENTION ,26
TREATMENT, RECOVERY, AND HARM REDUCTION; AND27
181
-8- (II) A SUSTAINABLE SOURCE OF MONEY TO PAY FOR THE1
PROGRAMS AND SERVICES DESCRIBED IN SUBSECTION (1)(a)(I) OF THIS2
SECTION THAT ARE NOT OTHERWISE COVERED BY PUBLIC OR PRIVATE3
INSURANCE OR ANOTHER GOVERNMENTAL PROGRAM OR SERVICE .4
(b) T
HE ENTERPRISE IS AND OPERATES AS A GOVERNMENT -OWNED5
BUSINESS WITHIN THE DEPARTMENT FOR THE PURPOSES OF :6
(I) C
HARGING, COLLECTING, AND EXPENDING MONEY FROM THE7
ALCOHOL IMPACT FEE PURSUANT TO SECTION 27-83-105;
AND8
(II) U
TILIZING THE MONEY COLLECTED FROM THE FEE TO9
EQUITABLY DISTRIBUTE THE MONEY TO :10
(A) S
UPPORT TREATMENT, RECOVERY, AND HARM REDUCTION11
PROGRAMS AND SERVICES FOR ALCOHOL AND RELATED SUBSTANCE USE12
DISORDERS IN COMMUNITIES THROUGHOUT THE STATE BASED ON THE13
IDENTIFIED NEEDS OF EACH COMMUNITY ;14
(B) S
UPPORT PROGRAMS THAT PREVENT AND DETER DRIVING
15
UNDER THE INFLUENCE , DRIVING WHILE ABILITY IMPAIRED , AND16
UNDERAGE DRUNK DRIVING ; AND17
(C) S
UPPORT PROGRAMS THAT HELP PREVENT ALCOHOL AND18
RELATED SUBSTANCE USE DISORDERS , INCLUDING UNDERAGE DRINKING .
19
(2) T
HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES20
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION WHILE IT21
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS22
THAN TEN PERCENT OF ITS TOTAL REVENUE IN GRANTS FROM ALL23
C
OLORADO STATE AND LOCAL GOVERNMENTS COMBINED . AS LONG AS IT24
CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (2), THE25
ENTERPRISE IS NOT SUBJECT TO ANY PROVISIONS OF SECTION 20 OF26
ARTICLE X OF THE STATE CONSTITUTION.27
181
-9- (3) THE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE :1
(a) T
O CHARGE AND COLLECT THE FEE;2
(b) T
O EXPEND FEE REVENUE, MATCHING FEDERAL MONEY , AND3
ANY OTHER MONEY FROM THE FUND ;4
(c) B
Y RESOLUTION OF THE BOARD , TO AUTHORIZE AND ISSUE5
REVENUE BONDS THAT ARE PAYABLE ONLY FROM THE MONEY IN THE6
FUND, WHICH REVENUE BONDS MAY BE ISSUED TO PAY FOR SERVICES7
PROVIDED BY OR TO ELIGIBLE ENTITIES OR FOR THE EXPENSES OF THE8
ENTERPRISE;9
(d) (I) T
O HIRE STAFF AND CONTRACT WITH ANY PUBLIC OR
10
PRIVATE ENTITY, INCLUDING STATE AGENCIES, CONSULTANTS, AND THE11
ATTORNEY GENERAL 'S OFFICE, FOR PROFESSIONAL AND TECHNICAL12
ASSISTANCE, OFFICE SPACE AND ADMINISTRATIVE SERVICES, ADVICE, AND13
OTHER SERVICES RELATED TO THE CONDUCT OF THE AFFAIRS OF THE14
ENTERPRISE. THE BOARD SHALL ENCOURAGE DIVERSITY IN APPLICANTS15
FOR CONTRACTS AND SHALL GENERALLY AVOID USING SINGLE -SOURCE16
BIDS.17
(II) T
HE ENTERPRISE SHALL PAY A FAIR MARKET RATE TO ANY
18
PUBLIC ENTITY, PRIVATE ENTITY, CONTRACTOR, OR CONSULTANT, WHICH19
MAY INCLUDE A STATE AGENCY , THE ATTORNEY GENERAL 'S OFFICE, OR20
THE DEPARTMENT, THAT IS HIRED BY THE ENTERPRISE TO PERFORM DUTIES21
PURSUANT TO SUBSECTION (3)(d)(I) OF THIS SECTION.22
(e) T
O ADOPT, AMEND, OR REPEAL POLICIES FOR THE REGULATION23
OF THE ENTERPRISE'S AFFAIRS AND THE CONDUCT OF ITS BUSINESS24
CONSISTENT WITH THIS SECTION.25
(4) T
HE ENTERPRISE IS A TYPE 2 ENTITY AS DEFINED IN SECTION26
24-1-105
AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES UNDER27
181
-10- THE BEHAVIORAL HEALTH ADMINISTRATION .1
(5) (a) O
N JULY 1, 2024, OR AS SOON AS POSSIBLE THEREAFTER,
2
THE STATE TREASURER SHALL TRANSFER SIX HUNDRED FIFTY THOUSAND3
DOLLARS FROM THE GENERAL FUND TO THE FUND FOR THE PURPOSE OF4
DEFRAYING EXPENSES INCURRED BY THE ENTERPRISE BEFORE IT RECEIVES5
REVENUE FROM THE FEE OR REVENUE BOND PROCEEDS .6
N
OTWITHSTANDING ANY OTHER LAW , THE ENTERPRISE MAY ACCEPT AND
7
EXPEND ANY MONEY SO TRANSFERRED , AND, NOTWITHSTANDING ANY8
STATE FISCAL RULE OR GENERALLY ACCEPTED ACCOUNTING PRINCIPLE9
THAT COULD OTHERWISE BE INTERPRETED TO REQUIRE A CONTRARY10
CONCLUSION, SUCH A TRANSFER IS A LOAN FROM THE STATE TREASURER11
TO THE ENTERPRISE THAT IS REQUIRED TO BE REPAID AND IS NOT A GRANT12
FOR PURPOSES OF SECTION 20 (2)(d) OF ARTICLE X OF THE STATE13
CONSTITUTION OR AS DEFINED IN SECTION 24-77-102 (7). LOAN14
LIABILITIES THAT ARE RECORDED IN THE FUND BUT ARE NOT REQUIRED TO15
BE PAID IN THE CURRENT STATE FISCAL YEAR SHALL NOT BE CONSIDERED16
WHEN CALCULATING SUFFICIENT STATUTORY FUND BALANCE FOR17
PURPOSES OF SECTION 24-75-109.18
(b) N
O LATER THAN JULY 1, 2027, THE ENTERPRISE SHALL REPAY
19
THE LOAN OF FOUR HUNDRED FIFTY-FOUR THOUSAND DOLLARS RECEIVED20
PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION AND ACCUMULATED21
INTEREST FROM THE FUND. INTEREST ACCRUES ON THE MONEY BORROWED22
AT A RATE EQUIVALENT TO THE RATE PER ANNUM ON THE MOST RECENTLY23
ISSUED TEN-YEAR UNITED STATES TREASURY NOTE, ROUNDED TO THE24
NEAREST ONE-TENTH OF ONE PERCENT, AS REPORTED BY THE "WALL25
S
TREET JOURNAL", AS OF THE DATE THE TRANSFER REQUIRED BY
26
SUBSECTION (5)(a) OF THIS SECTION IS MADE. INTEREST ACCRUES AT THE27
181
-11- RATE SPECIFIED IN THIS SUBSECTION (5)(b) BEGINNING ON THAT DATE AND1
UNTIL THE DATE ON WHICH THE MONEY IS REPAID .2
(c) T
HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2029.
3
27-83-105. Alcohol impact fee - alcohol impact enterprise4
collection fund - rules. (1) F
OR THE STATE FISCAL YEAR COMMENCING5
J
ULY 1, 2025, AND FOR EACH STATE FISCAL YEAR THEREAFTER , UNLESS6
ADJUSTED PURSUANT TO SUBSECTION (5) OF THIS SECTION, THE7
ENTERPRISE IS AUTHORIZED TO CHARGE AND COLLECT AN ALCOHOL8
IMPACT FEE THAT IS REASONABLY CALCULATED BASED ON THE COSTS OF
9
THE SERVICES PROVIDED BY THE ENTERPRISE FROM EVERY10
MANUFACTURER OR WHOLESALE ALCOHOL DISTRIBUTOR OF :11
(a) $0.0409 ON EVERY GALLON OF MALT LIQUOR, APPLE WINE, AND12
HARD CIDER DISTRIBUTED IN COLORADO;13
(b) $0.0367 ON EVERY LITER OF WINE EXCEPT APPLE WINE OR HARD14
CIDER DISTRIBUTED IN COLORADO; AND15
(c) $0.3060 ON EVERY LITER OF SPIRITUOUS LIQUOR DISTRIBUTED16
IN COLORADO.17
(2) (a) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT
SHALL18
COLLECT, ADMINISTER, AND ENFORCE THE FEE IMPOSED BY SUBSECTION19
(1)
OF THIS SECTION IN THE SAME MANNER AS THE COLLECTION ,20
ADMINISTRATION, AND ENFORCEMENT OF STATE ALCOHOL EXCISE TAXES21
PURSUANT TO SECTION 44-3-503. A MANUFACTURER OR WHOLESALE22
ALCOHOL DISTRIBUTOR THAT PAYS THE FEE AS REQUIRED BY SUBSECTION23
(1)
OF THIS SECTION SHALL REMIT THE FEE TO THE DEPARTMENT AT THE24
SAME TIME AND IN THE SAME MANNER IN WHICH THE MANUFACTURER OR25
WHOLESALE ALCOHOL DISTRIBUTOR REMITS THE STATE ALCOHOL EXCISE26
TAXES COLLECTED BY THE MANUFACTURER OR WHOLESALE ALCOHOL27
181
-12- DISTRIBUTOR AS REQUIRED BY SECTION 44-3-503. THE DEPARTMENT MAY1
PROMULGATE RULES TO IMPLEMENT THIS SECTION .2
(b) THE ENTERPRISE MAY REQUEST TO INCREASE OR DECREASE3
THE FEE AS PROVIDED IN SUBSECTION (5) OF THIS SECTION.4
(c) W
HEN COLLECTING THE FEE, THE DEPARTMENT SHALL RETAIN5
AN AMOUNT THAT DOES NOT EXCEED THE TOTAL COST OF COLLECTING ,6
ADMINISTERING, AND ENFORCING THE FEE AND SHALL TRANSMIT THE7
AMOUNT RETAINED TO THE STATE TREASURER , WHO SHALL CREDIT IT TO8
THE ALCOHOL IMPACT ENTERPRISE COLLECTION FUND , WHICH IS CREATED9
IN THE STATE TREASURY . ALL MONEY IN THE ALCOHOL IMPACT10
ENTERPRISE COLLECTION FUND IS CONTINUOUSLY APPROPRIATED TO THE11
DEPARTMENT TO DEFRAY THE COSTS INCURRED BY THE DEPARTMENT IN12
COLLECTING, ENFORCING, AND ADMINISTERING THE FEE.13
(d) T
HE DEPARTMENT SHALL TRANSMIT ALL FEE REVENUE , LESS14
ANY AMOUNT RETAINED PURSUANT TO SUBSECTION (2)(c) OF THIS15
SECTION, TO THE STATE TREASURER , WHO SHALL CREDIT THE NET16
REVENUE TO THE COLORADO ALCOHOL IMPACT ENTERPRISE FUND .17
(3) O
N OR BEFORE JULY 1, 2026, EACH SELF-DISTRIBUTING18
MANUFACTURER OR WHOLESALE ALCOHOL DISTRIBUTOR SHALL :19
(a) P
AY THE FEE ON ALL ALCOHOL DISTRIBUTED IN COLORADO FOR20
THE PERIOD BEGINNING JULY 1, 2025, AND ENDING JUNE 30, 2026; AND21
(b) R
EPORT TO THE ENTERPRISE , IN A FORM AND MANNER22
DETERMINED BY THE ENTERPRISE, THE AMOUNT OF ALCOHOL DISTRIBUTED23
IN COLORADO FOR THE PERIOD BEGINNING JULY 1, 2025, AND ENDING24
J
UNE 30, 2026.25
(4) O
N OR BEFORE JULY 1, 2027, AND ON OR BEFORE JULY 1 OF26
EACH YEAR THEREAFTER, EACH MANUFACTURER OR WHOLESALE ALCOHOL27
181
-13- DISTRIBUTOR SHALL:1
(a) P
AY THE FEE ON ALL ALCOHOL DISTRIBUTED IN COLORADO FOR2
THE PREVIOUS STATE FISCAL YEAR; AND3
(b) R
EPORT TO THE ENTERPRISE THE AMOUNT OF ALCOHOL4
DISTRIBUTED IN COLORADO FOR THE PREVIOUS STATE FISCAL YEAR .5
(5) I
F THE ENTERPRISE FINDS THE FEE NEEDS TO BE INCREASED OR
6
DECREASED, THE ENTERPRISE SHALL RECOMMEND THE FEE INCREASE OR7
DECREASE TO THE HOUSE OF REPRESENTATIVES FINANCE COMMITTEE AND8
THE SENATE FINANCE COMMITTEE , OR THEIR SUCCESSOR COMMITTEES, NO9
LATER THAN DECEMBER 15 PRIOR TO THE STATE FISCAL YEAR DURING10
WHICH THE ADJUSTMENT WILL BECOME EFFECTIVE . THE11
RECOMMENDATION MUST INCLUDE PROPOSED INFLATIONARY CHANGES ,12
ANY CHANGES BASED ON THE COSTS OF THE BUSINESS SERVICES PROVIDED13
BY THE ENTERPRISE, AND ANY OTHER INFORMATION DEEMED RELEVANT14
BY THE BOARD. THE ENTERPRISE SHALL NOT ADJUST THE FEE UNLESS15
APPROVED BY THE GENERAL ASSEMBLY ACTING BY BILL .16
27-83-106. Colorado alcohol impact enterprise fund - creation.17
(1) T
HERE IS CREATED IN THE STATE TREASURY THE COLORADO ALCOHOL18
IMPACT ENTERPRISE FUND. THE FUND CONSISTS OF MONEY CREDITED TO19
THE FUND PURSUANT TO SECTION 27-83-105
AND ANY GIFTS, GRANTS, OR20
DONATIONS RECEIVED PURSUANT TO SUBSECTION (4) OF THIS SECTION.21
(2) T
HE MONEY IN THE FUND MUST NOT BE DEPOSITED INTO OR22
TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND . THE STATE23
TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE24
DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND . ANY25
UNENCUMBERED MONEY IN THE FUND REMAINS IN THE FUND AND MUST26
NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANY OTHER27
181
-14- FUND.1
(3) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE2
ENTERPRISE FOR THE PURPOSES OF:3
(a) P
AYING FOR ANY DIRECT AND INDIRECT ADMINISTRATIVE4
EXPENSES INCURRED BY THE ENTERPRISE , NOT TO EXCEED FIVE PERCENT5
OF THE AMOUNT OF MONEY IN THE FUND ; AND6
(b) C
ARRYING OUT TO THE PURPOSES OF THIS ARTICLE 83
.7
(4) T
HE BOARD MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,8
OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF9
THIS SECTION, AS LONG AS THE COMBINATION OF GRANTS FROM STATE AND10
LOCAL GOVERNMENTS IS LESS THAN TEN PERCENT OF THE ENTERPRISE 'S11
TOTAL REVENUE. ANY MONEY RECEIVED PURSUANT TO THIS SUBSECTION12
(4)
SHALL BE TRANSMITTED TO THE STATE TREASURER , WHO SHALL CREDIT13
THE MONEY TO THE FUND.14
27-83-107.
Colorado alcohol treatment and recovery15
affordability grant program - creation - reporting. (1) T
HERE IS16
CREATED IN THE ENTERPRISE THE COLORADO ALCOHOL TREATMENT AND17
RECOVERY AFFORDABILITY GRANT PROGRAM FOR WHICH APPROXIMATELY18
EIGHTY PERCENT OF THE MONEY IN THE FUND MAY BE USED TO AWARD19
GRANTS TO BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES20
ORGANIZATIONS THROUGHOUT THE STATE THAT PROVIDE MONEY TO21
RECOVERY PROVIDERS AND TREATMENT PROVIDERS . UNLESS ADJUSTED
22
PURSUANT TO SECTION 27-83-111 (6)(h), THE ENTERPRISE SHALL23
ALLOCATE FORTY-EIGHT PERCENT OF THE MONEY IN THE FUND TO SUPPORT24
TREATMENT PROVIDERS AND TWENTY PERCENT OF MONEY IN THE FUND TO25
SUPPORT RECOVERY PROVIDERS .26
(2) (a) T
HE ENTERPRISE SHALL AWARD GRANTS TO BHASOS IN27
181
-15- THE STATE TO ENSURE THAT TREATMENT PROVIDERS AND RECOVERY1
PROVIDERS FROM ACROSS THE STATE , INCLUDING RURAL, FRONTIER, AND2
URBAN REGIONS, HAVE EQUITABLE ACCESS TO MONEY FROM THE GRANT3
PROGRAM.4
(b) BHASO
S THAT RECEIVE GRANTS SHALL PRIORITIZE FUNDING5
FOR PRIORITY POPULATIONS. IN COLLABORATION WITH THE BHA, THE6
ENTERPRISE BOARD SHALL
DEFINE PRIORITY POPULATIONS, WHICH MAY7
INCLUDE POPULATIONS BY REGION IF COMMUNITY NEEDS DIFFER , AND8
SHALL ANNUALLY UPDATE THE PRIORITY POPULATION DEFINITION , IF9
NEEDED.10
(3) (a) BHASO
S THAT RECEIVE GRANTS SHALL ENSURE THAT EACH11
TREATMENT PROVIDER AND RECOVERY PROVIDER ESTABLISHES A SLIDING12
FEE SCALE TO PROVIDE SUBSTANCE USE DISORDER TREATMENT OR13
RECOVERY SERVICES TO AN INDIVIDUAL WITH A SUBSTANCE USE14
DISORDER, REGARDLESS OF THE INDIVIDUAL'S ABILITY TO PAY.15
(b) A
BHASO THAT RECEIVES A GRANT THROUGH THE PROGRAM16
SHALL NOT REFUSE TO PROVIDE FINANCIAL SUPPORT TO A RECOVERY17
PROVIDER OR TREATMENT PROVIDER BASED SOLELY ON :18
(I) T
HE PROVIDER'S TREATMENT OF AN INDIVIDUAL 'S19
CO-OCCURRING SUBSTANCE USE DISORDER OR MENTAL HEALTH20
CONDITION; OR21
(II) W
HERE THE INDIVIDUAL WHO NEEDS TREATMENT LIVES OR THE22
INDIVIDUAL'S REFERRAL TYPE, INCLUDING A REFERRAL FROM THE23
CRIMINAL JUSTICE SYSTEM.24
(c) A
BHASO THAT RECEIVES A GRANT MAY USE THE GRANT
25
MONEY:26
(I) T
O PROVIDE TREATMENT SERVICES TO INDIVIDUALS WHO HAVE
27
181
-16- ALCOHOL USE DISORDER OR WHO HAVE ALCOHOL USE DISORDER AND1
ANOTHER CO-OCCURRING SUBSTANCE USE DISORDER ; AND2
(II) F
OR PROGRAMS AND SERVICES RELATED TO RECOVERY FROM
3
ALCOHOL USE DISORDER AND RECOVERY FROM ALCOHOL USE DISORDER4
WITH CO-OCCURRING SUBSTANCE USE DISORDERS .5
(4) E
ACH BHASO SHALL REPORT ANNUALLY TO THE BHA AND6
THE ENTERPRISE BOARD ON THE USE OF THE MONEY , IN A MANNER THAT7
COMPLIES WITH PROTECTING PATIENT HEALTH INFORMATION , INCLUDING:8
(a) T
HE AMOUNT OF MONEY DISTRIBUTED TO EACH TREATMENT9
PROVIDER, RECOVERY PROVIDER, AND ELIGIBLE ENTITY THAT PROVIDES
10
HARM REDUCTION SERVICES;11
(b) T
HE NUMBER OF INDIVIDUALS SERVED AND THEIR12
DEMOGRAPHIC DATA;13
(c) T
HE NUMBER OF INDIVIDUALS SERVED IN EACH PRIORITY14
POPULATION CATEGORY , AS DEFINED BY THE ENTERPRISE BOARD15
PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION; AND16
(d) F
OR EACH INDIVIDUAL SERVED:17
(I) W
HETHER THE MONEY WAS USED FOR A COPAYMENT ,18
DEDUCTIBLE, OR OTHER COST NOT OTHERWISE COVERED BY INSURANCE ;19
(II) I
F THE INDIVIDUAL WITH A SUBSTANCE USE DISORDER20
REQUIRED MONEY BECAUSE OF LACK OF INSURANCE COVERAGE ,21
INFORMATION ON THE INDIVIDUAL'S TYPE OF INSURANCE AND THE LEVEL22
AND TYPE OF CARE NEEDED; AND23
(III) T
HE REFERRAL SOURCE.24
27-83-108.
Colorado alcohol use prevention and early25
intervention grant program - creation - reporting - definition.26
(1) T
HERE IS CREATED IN THE ENTERPRISE THE COLORADO ALCOHOL USE27
181
-17- PREVENTION AND EARLY INTERVENTION GRANT PROGRAM TO BEGIN1
PROVIDING GRANTS NO LATER THAN JANUARY 1, 2026, FOR PURPOSES2
RELATED TO THE PREVENTION AND EARLY INTERVENTION OF ALCOHOL3
AND RELATED SUBSTANCE USE DISORDERS . UNLESS ADJUSTED PURSUANT4
TO SECTION 27-83-111 (6)(h), THE ENTERPRISE SHALL USE5
APPROXIMATELY FIFTEEN PERCENT OF THE MONEY IN THE FUND FOR THE6
PURPOSE OF AWARDING GRANTS TO :7
(a) E
LIGIBLE ENTITIES THAT INCREASE THE AVAILABILITY AND USE8
OF SCREENING, BRIEF INTERVENTION, AND REFERRAL TO TREATMENT9
PROGRAMS;10
(b) E
LIGIBLE ENTITIES THAT WORK TO PREVENT YOUTH SUBSTANCE11
USE DISORDERS, INCLUDING UNDERAGE DRINKING PREVENTION AND
12
RELATED SUBSTANCE USE; AND13
(c) E
LIGIBLE ENTITIES THAT PROVIDE ALCOHOL AND RELATED14
SUBSTANCE USE DISORDER PREVENTION SERVICES IN AREAS OF HIGHEST15
NEED, INCLUDING COMMUNITY -ORIENTED, CHILDREN-ORIENTED,16
YOUTH-ORIENTED, AND FAMILY-ORIENTED PREVENTION SERVICES ; AND
17
(d) E
LIGIBLE ENTITIES THAT INCREASE THE AVAILABILITY AND USE
18
OF SCREENING, EARLY INTERVENTION, AND REFERRAL TO SERVICES FOR19
FETAL ALCOHOL SPECTRUM DISORDERS .20
(2) E
ACH ELIGIBLE ENTITY THAT RECEIVES A GRANT THROUGH THE21
GRANT PROGRAM SHALL REPORT TO THE ENTERPRISE , IN A FORM AND22
MANNER DETERMINED BY THE ENTERPRISE , ON THE USE OF AND OUTCOMES23
ASSOCIATED WITH THE USE OF THE GRANT PROGRAM MONEY .24
27-83-109.
Colorado harm reduction and alcohol-related25
impaired driving prevention and deterrence grant program -26
creation. (1) T
HERE IS CREATED IN THE ENTERPRISE THE COLORADO27
181
-18- ALCOHOL-RELATED IMPAIRED DRIVING PREVENTION AND DETERRENCE1
GRANT PROGRAM. UNLESS ADJUSTED PURSUANT TO SECTION 27-83-1112
(6)(h),
THE ENTERPRISE SHALL DISTRIBUTE
APPROXIMATELY TEN PERCENT3
OF THE MONEY IN THE FUND FOR PROVIDING GRANTS TO ELIGIBLE ENTITIES4
THAT PROVIDE HARM REDUCTION SERVICES AND ELIGIBLE ENTITIES THAT5
PROVIDE EDUCATION ABOUT, DETERRENCE OF, AND SUPPORT FOR VICTIMS6
OF ALCOHOL-RELATED IMPAIRED DRIVING.7
8
(2) AN ELIGIBLE ENTITY THAT RECEIVES A GRANT THROUGH THE9
GRANT PROGRAM SHALL REPORT TO THE ENTERPRISE , IN A FORM AND10
MANNER DETERMINED BY THE ENTERPRISE , ON THE USE OF AND OUTCOMES11
ASSOCIATED WITH THE USE OF THE GRANT PROGRAM MONEY .12
27-83-110. Colorado tribal alcohol impact grant program -13
creation. (1) T
HERE IS CREATED IN THE ENTERPRISE THE COLORADO
14
TRIBAL ALCOHOL IMPACT GRANT PROGRAM TO BEGIN PROVIDING GRANTS15
NO LATER THAN JANUARY 1, 2026. UNLESS ADJUSTED PURSUANT TO16
SECTION 27-83-111 (6)(h), THE ENTERPRISE SHALL USE APPROXIMATELY17
TWO PERCENT OF THE MONEY IN THE FUND FOR THE PURPOSE OF18
AWARDING GRANTS TO THE FOLLOWING ORGANIZATIONS FOR ANY OF THE19
PURPOSES SPECIFIED IN SECTION 27-83-104 (1)(b)(II):20
(a) I
NDIAN TRIBES AND TRIBAL ORGANIZATIONS AS THOSE TERMS
21
ARE DEFINED IN THE FEDERAL "INDIAN SELF-DETERMINATION AND22
E
DUCATION ASSISTANCE ACT", 25 U.S.C. SEC. 5304, AS AMENDED; AND
23
(b) U
RBAN INDIAN ORGANIZATIONS AS DEFINED IN THE FEDERAL
24
"
INDIAN HEALTH CARE IMPROVEMENT ACT ", 25 U.S.C. SEC. 1603, AS
25
AMENDED, FOR ANY PURPOSES UNDER 44-2-104 (1)(b)(II).26
(2) E
ACH ORGANIZATION THAT RECEIVES A GRANT THROUGH THE
27
181
-19- GRANT PROGRAM SHALL REPORT TO THE ENTERPRISE , IN A FORM AND1
MANNER DETERMINED BY THE ENTERPRISE , ON THE USE OF AND OUTCOMES2
ASSOCIATED WITH THE USE OF THE GRANT PROGRAM MONEY .3
27-83-111. Alcohol impact enterprise board - creation - duties4
- report. (1) T
HERE IS CREATED IN THE ENTERPRISE THE ALCOHOL IMPACT5
ENTERPRISE BOARD THAT CONSISTS OF :6
(a) T
HE FOLLOWING NONVOTING , EX OFFICIO MEMBERS:7
(I) T
HE COMMISSIONER OF THE BEHAVIORAL HEALTH8
ADMINISTRATION, OR THE COMMISSIONER'S DESIGNEE;9
(II) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC10
HEALTH AND ENVIRONMENT , OR THE EXECUTIVE DIRECTOR'S DESIGNEE;11
(III) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE ,12
OR THE EXECUTIVE DIRECTOR'S DESIGNEE; AND13
(IV) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HEALTH14
CARE PLANNING AND FINANCING , OR THE EXECUTIVE DIRECTOR 'S15
DESIGNEE; AND16
17
(b) N
INE VOTING MEMBERS APPOINTED BY THE GOVERNOR , WHO
18
SERVE AT THE PLEASURE OF THE GOVERNOR , INCLUDING:19
(I) A
T LEAST THREE MEMBERS WITH EXPERIENCE IN AS MANY OF
20
THE FOLLOWING AREAS AS POSSIBLE:21
(A) A
LCOHOL USE DISORDER PREVENTION PROGRAMS AND
22
SERVICES, INCLUDING SCHOOL-BASED PREVENTION EFFORTS ALCOHOL USE23
DISORDER TREATMENT PROGRAMS AND SERVICES ;24
(B) A
LCOHOL USE DISORDER RECOVERY PROGRAMS AND SERVICES ;
25
(C) P
ROVIDING YOUTH MENTAL HEALTH SERVICES , SUCH AS A
26
SOCIAL WORKER, A CHILD AND ADOLESCENT PSYCHIATRIST , OR OTHER27
181
-20- PROFESSIONAL SPECIALIZING IN CARING FOR YOUTH , WITH EXPERTISE IN1
YOUTH ALCOHOL USE PREVENTION , TREATMENT, OR RECOVERY; OR2
(D) I
MPAIRED DRIVING PREVENTION AND DETERRENCE , INCLUDING
3
EXPERIENCE IN LAW ENFORCEMENT ;4
(II) A
T LEAST THREE MEMBERS WHO MEET AS MANY OF THE BELOW
5
CRITERIA AS POSSIBLE:6
(A) H
AVE EXPERIENCED AN ALCOHOL USE DISORDER ;
7
(B) H
AVE A FAMILY MEMBER WHO HAS EXPERIENCED AN ALCOHOL
8
USE DISORDER OR FETAL ALCOHOL SPECTRUM DISORDER ; OR9
(C) R
EPRESENT AN ADVOCACY ORGANIZATION FOR PEOPLE WITH
10
MENTAL HEALTH CONDITIONS AND ALCOHOL AND RELATED SUBSTANCE11
USE DISORDERS; AND12
(III) A
T LEAST THREE MEMBERS WHO REPRESENT THE ALCOHOL
13
INDUSTRY, INCLUDING ONE MEMBER REPRESENTING THE VINOUS LIQUOR14
INDUSTRY, ONE MEMBER REPRESENTING THE SPIRITUOUS LIQUOR15
INDUSTRY, AND ONE MEMBER REPRESENTING THE MALT LI QUOR INDUSTRY .16
(2) I
N MAKING THE APPOINTMENTS DESCRIBED IN SUBSECTION17
(1)(b)
OF THIS SECTION, THE GOVERNOR SHOULD ATTEMPT TO INCLUDE18
INDIVIDUALS WHO:19
(a) H
AVE EXPERIENCE PROVIDING SERVICES ACROSS THE20
CONTINUUM OF CARE FOR ALC OHOL AND RELATED SUBSTANCE USE21
DISORDERS;22
(b) R
EFLECT THE ETHNIC , RACIAL, CULTURAL, GENDER,23
IMMIGRATION STATUS, WEALTH, ABILITY, AND GEOGRAPHIC DIVERSITY OF24
THE STATE; AND25
(c) T
O THE EXTENT PRACTICABLE, HAVE LIVED EXPERIENCE WITH26
AND HAVE RECEIVED SERVICES ACROSS THE CONTINUUM OF CARE FOR27
181
-21- ALCOHOL AND RELATED SUBSTANCE USE DISORDERS .1
(3) (a) VOTING MEMBERS OF THE ENTERPRISE BOARD SERVE AT2
THE PLEASURE OF THE GOVERNOR . ALL TERMS ARE FOR FOUR YEARS ;3
EXCEPT THAT, OF THE MEMBERS INITIALLY APPOINTED BY THE GOVERNOR ,4
SIX SHALL SERVE AN INITIAL TERM OF TWO YEARS AS DESIGNATED BY THE5
GOVERNOR. A MEMBER WHO IS APPOINTED TO FILL A VACANCY SERVES6
THE REMAINDER OF THE UNEXPIRED TERM OF THE FORMER MEMBER .7
(b) I
F A VOTING BOARD MEMBER HAS A CONFLICT OF INTEREST
8
WITH RESPECT TO ANY MA TTER SCHEDULED FOR HEARING BEFORE THE9
BOARD, THE MEMBER SHALL RECUSE THEMSELVES FROM ANY DISCUSSION10
AND DECISIONS ON THE MATTER UNLESS , AFTER FULL DISCLOSURE OF THE11
FACTS GIVING RISE TO THE CONFLICT, THE BOARD AGREES TO WAIVE THE12
CONFLICT. FOR PURPOSES OF THIS SUBSECTION (3)(b), A BOARD MEMBER13
HAS A CONFLICT OF INTEREST IF THE BOARD MEMBER HAS A CONFLICT14
THAT WOULD CALL INTO QUESTION THE MEMBER 'S ABILITY TO RENDER AN15
UNBIASED DECISION.16
(4) T
HE MEMBERS OF THE ENTERPRISE BOARD SHALL ELECT A17
CHAIR AND VICE-CHAIR FROM AMONG THE MEMBERS OF THE ENTERPRISE18
BOARD APPOINTED PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION.19
(5) M
EMBERS OF THE ENTERPRISE BOARD SERVING IN A20
PROFESSIONAL CAPACITY SERVE WITHOUT COMPENSATION BUT MUST BE21
REIMBURSED FROM MONEY IN THE FUND FOR ACTUAL AND NECESSARY22
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO23
THIS SECTION. A MEMBER OF THE ENTERPRISE BOARD SERVING DUE TO THE24
MEMBER'S LIVED EXPERIENCE MUST BE OFFERED A PER DIEM AS25
ESTABLISHED BY THE ENTERPRISE BOARD AND DISTRIBUTED FROM MONEY26
IN THE FUND AND MUST BE REIMBURSED FROM MONEY IN THE FUND FOR27
181
-22- ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF1
THEIR DUTIES PURSUANT TO THIS SECTION.2
(6) T
HE ENTERPRISE BOARD SHALL, AT A MINIMUM:3
(a) R
EVIEW CURRENT STATE PLANS RELATED TO ALCOHOL AND4
RELATED SUBSTANCE USE DISORDER PREVENTION , EARLY INTERVENTION,5
TREATMENT, RECOVERY, AND HARM REDUCTION SUPPORT SERVICES IN6
ORDER TO FORMULATE RECOMMENDATIONS FOR USES OF THE FEE ;7
(b) R
EVIEW AND APPROVE AN ANNUAL BUDGET FOR THE8
ENTERPRISE;9
(c) E
STABLISH FUNDING ALLOCATION MODELS FOR BHASOS AND10
DETERMINE PRIORITY POPULATIONS FOR PURPOSES OF THE COLORADO11
ALCOHOL TREATMENT, RECOVERY, AND HARM REDUCTION
AFFORDABILITY12
GRANT PROGRAM CREATED IN SECTION 27-83-107.13
(d) R
EVIEW AND APPROVE RECOMMENDATIONS FOR ALLOCATION14
OF MONEY IN THE FUND;15
(e) R
EVIEW THE OUTCOMES OF THE MONEY AWARDED ;16
(f) R
EVIEW AND APPROVE AN ANNUAL REPORT OF EXPENDITURES17
AND SERVICES PROVIDED PURSUANT TO THIS SECTION ;
18
(g) A
DMINISTER THE GRANT PROGRAMS CREATED IN THIS ARTICLE19
83
, INCLUDING CREATING A GRANT APPLICATION PROCESS FOR EACH20
GRANT PROGRAM, MAKING THE GRANT APPLICATION PROCESS PUBLICLY21
AVAILABLE PRIOR TO ACCEPTING APPLICATIONS , AND BEGINNING TO22
ACCEPT GRANT APPLICATIONS NO LATER THAN JANUARY 1, 2026. A GRANT23
APPLICATION CREATED PURSUANT TO THIS SUBSECTION (6)(g) MUST, AT A24
MINIMUM, REQUIRE THE APPLICANT TO INCLUDE THE FOLLOWING25
INFORMATION:26
(I) A
N APPLICATION NARRATIVE THAT DESCRIBES HOW THE
27
181
-23- ELIGIBLE ENTITY WILL USE THE GRANT, INCLUDING HOW THE GRANT WILL1
ADDRESS ALCOHOL USE OR ALCOHOL USE DISORDER AND HOW THE2
ELIGIBLE ENTITY WILL ENSURE THAT THE FUNDS ARE NOT USED SOLELY3
FOR NONALCOHOL-RELATED SUBSTANCE USE DISORDERS ;4
(II) T
HE PROVIDERS WHO WILL RECEIVE GRANT FUNDS , INCLUDING
5
INFORMATION ABOUT THEIR HISTORY , MISSION, LOCATIONS, AND6
LEADERSHIP;7
(III) A
PROPOSED BUDGET AND WHETHER THE PROPOSED PROGRAM
8
OR SERVICES MEET THE REQUIREMENTS SPECIFIED IN THIS SECTION ; AND9
(IV) T
HE AMOUNT OF IN -KIND CONTRIBUTIONS MADE OR
10
MATCHING FUNDS CONTRIBUTED , IF ANY, TO THE PROJECT BUDGET FROM11
THE APPLICANT OR OTHER SOURCES OUTSIDE OF THE GRANT .12
(h) E
VALUATE THE PROPORTION OF MONEY IN THE FUND AWARDED
13
THROUGH EACH GRANT PROGRAM CREATED IN THIS ARTICLE 83 AND14
ADJUST THE PROPORTIONS AS NECESSARY .15
(7) (a) O
N OR BEFORE JUNE 15, 2027, AND ON OR BEFORE JUNE 1516
EACH YEAR THEREAFTER , THE ENTERPRISE BOARD SHALL SUBMIT A17
WRITTEN REPORT TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF18
THE SENATE, THE HEALTH AND HUMAN SERVICES COMMI TTEE OF THE19
HOUSE OF REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES ; THE JOINT20
BUDGET COMMITTEE OF THE GENERAL ASSEMBLY ; THE OFFICE OF THE21
ATTORNEY GENERAL; AND THE GOVERNOR. THE REPORT MUST INCLUDE,22
BUT NEED NOT BE LIMITED TO:23
(I) T
HE RECOMMENDATIONS FORMULATED PURSUANT TO24
SUBSECTION (6)(a) OF THIS SECTION;25
(II) A
DESCRIPTION OF HOW THE FEE IS CALCULATED AND THE26
PROCESS BY WHICH THE FEE IS ASSESSED AND COLLECTED ;27
181
-24- (III) AN ITEMIZATION OF THE TOTAL AMOUNT OF THE FEE PAID BY1
EACH MANUFACTURER OR WHOLESALE ALCOHOL DISTRIBUTOR BY SPECIFIC2
ALCOHOL BEVERAGE SOLD ;3
(IV) A
N ITEMIZATION OF THE COSTS INCURRED BY THE ENTERPRISE4
IN IMPLEMENTING AND ADMINISTERING THE FEE ;5
(V) T
HE PERCENTAGE OF MONEY THAT WAS ALLOCATED TO EACH
6
OF THE GRANT PROGRAMS CREATED IN THIS ARTICLE 83;7
(VI) F
OR MONEY DISTRIBUTED PURSUANT TO SUBSECTION8
27-83-107
(1), AN ITEMIZATION OF SERVICES AND PROJECTS FUNDED9
THROUGH THE ENTERPRISE, INCLUDING:10
(A) D
ATA REPORTED FROM BHASOS;11
(B) T
HE AMOUNT OF MONEY DISTRIBUTED TO EACH PROVIDER AND
12
ELIGIBLE ENTITY, AS DESCRIBED IN SECTION 27-83-107 (1), BY AMOUNT13
AND PROVIDER AND ELIGIBLE ENTITY;14
(C) T
HE NUMBER OF INDIVIDUALS SERVED , INCLUDING THEIR15
DEMOGRAPHIC DATA;16
(D) F
OR EACH INDIVIDUAL SERVED, IF THE MONEY WAS USED FOR17
A COPAYMENT, DEDUCTIBLE, OR OTHER COST NOT OTHERWISE COVERED18
BY INSURANCE;19
(E) F
OR EACH INDIVIDUAL SERVED, IF THE INDIVIDUAL WITH AN20
ALCOHOL OR RELATED SUBSTANCE USE DISORDER REQUIRED MONEY21
BECAUSE OF LACK OF INSURANCE COVERAGE , INFORMATION ON THE22
INDIVIDUAL'S TYPE OF INSURANCE AND THE LEVEL AND TYPE OF CARE23
NEEDED;24
(F) T
HE NUMBER OF INDIVIDUALS SERVED IN EACH PRIORITY25
POPULATION CATEGORY , AS DEFINED BY THE ENTERPRISE BOARD26
PURSUANT TO SECTION 27-83-107
(2)(b); AND27
181
-25- (G) FOR EACH INDIVIDUAL SERVED, THE REFERRAL SOURCE; 1
(VII) F
OR ALL GRANT PROGRAMS ADMINISTERED THROUGH THE2
ENTERPRISE, THE NAME OF EACH ENTITY THAT RECEIVED A GRANT3
THROUGH EACH GRANT PROGRAM , THE AMOUNT OF MONEY AWARDED TO4
EACH ENTITY, AND THE USE OF AND OUTCOMES ASSOCIATED WITH THE USE5
OF THE MONEY; AND
6
(VIII) T
RENDS IN ALCOHOL-RELATED MORBIDITY AND MORTALITY
7
IN THE PREVIOUS CALENDAR YEAR .8
(b) T
HIS SUBSECTION (7) IS EXEMPT FROM SECTION 24-1-1369
(11)(a)(I),
AND THE PERIODIC REPORTING REQUIREMENT OF THIS10
SUBSECTION (7) REMAINS IN EFFECT UNTIL CHANGED BY THE GENERAL11
ASSEMBLY ACTING BY BILL.12
27-83-112.
Audit of Colorado alcohol impact and recovery13
enterprise - notice to revisor of statutes - repeal. (1) D
URING THE14
2030-31
STATE FISCAL YEAR, AND DURING EVERY FOURTH STATE FISCAL15
YEAR THEREAFTER, THE STATE AUDITOR SHALL CONDUCT AN AUDIT OF16
THE ENTERPRISE ESTABLISHED PURSUANT TO THIS ARTICLE 83
. THE17
ENTERPRISE SHALL PAY THE COSTS OF THE AUDIT OF THE ENTERPRISE . THE18
STATE AUDITOR SHALL REPORT THE FINDINGS FROM THE AUDITS , ALONG19
WITH ANY COMMENTS AND RECOMMENDATIONS , TO THE GOVERNOR AND20
TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND21
THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE OF22
REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES. THE STATE AUDITOR23
HAS CONTINUING AUTHORITY TO CONDUCT AUDITS OF THE ENTERPRISE AS24
THE STATE AUDITOR DEEMS APPROPRIATE . THE ENTERPRISE SHALL PAY25
THE COSTS OF ANY SUBSEQUENT AUDIT OF THE ENTERPRISE .26
(2) (a) A
S PART OF THE AUDIT CONDUCTED DURING THE 2042-4327
181
-26- STATE FISCAL YEAR, THE STATE AUDITOR SHALL ALSO CONSIDER WHETHER1
IT IS NECESSARY TO CONTINUE TO CONDUCT THE AUDITS REQUIRED BY2
SUBSECTION (1) OF THIS SECTION. IF THE STATE AUDITOR DETERMINES3
THAT IT IS NO LONGER NECESSARY TO CONDUCT THE AUDITS , THE STATE4
AUDITOR MUST PROVIDE WRITTEN NOTIC E TO THE REVISOR OF STATUTES5
OF SUCH A DETERMINATION BY E -MAILING THE NOTICE TO6
REVISOROFSTATUTES.GA@COLEG.GOV.7
(b) T
HIS SECTION IS REPEALED, EFFECTIVE JUNE 30 FOLLOWING8
THE RECEIPT OF THE NOTICE AUTHORIZED BY SUBSECTION (2)(a) OF THIS9
SECTION.10
11
SECTION 2. In Colorado Revised Statutes, 24-1-120, add (5)(n)12
as follows:13
24-1-120. Department of human services - creation. (5) The14
department of human services includes the following:15
(n) T
HE COLORADO ALCOHOL IMPACT AND RECOVERY ENTERPRISE ,
16
WHICH IS A TYPE 2 ENTITY, CREATED IN SECTION 27-83-104 (1)(a) IN THE17
BEHAVIORAL HEALTH ADMINISTRATION .18
19
SECTION 3. Appropriation. (1) For the 2024-25 state fiscal20
year, $98,583 is appropriated to the department of revenue. This21
appropriation is from the general fund. To implement this act, the22
department may use this appropriation as follows:23
(a) $21,785 for tax administration IT system (GenTax) support;24
(b) $11,104 for use by the taxation business group for personal25
services related to taxation services;26
(c) $8,085 for use by the executive director's office for personal27
181
-27- services related to administration and support; and1
(d) $57,609 for the purchase of legal services.2
(2) For the 2024-25 state fiscal year, $57,609 is appropriated to3
the department of law. This appropriation is from reappropriated funds4
received from the department of revenue under subsection (1)(d) of this5
section and is based on an assumption that the department of law will6
require an additional 0.3 FTE. To implement this act, the department of7
law may use this appropriation to provide legal services for the8
department of revenue.9
SECTION 4. Safety clause. The general assembly finds,10
determines, and declares that this act is necessary for the immediate11
preservation of the public peace, health, or safety or for appropriations for12
the support and maintenance of the departments of the state and state13
institutions.14
181
-28-