First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0986.01 Shelby Ross x4510
SENATE BILL 25-295
Senate Committees House Committees
Appropriations
A BILL FOR AN ACT
C
ONCERNING TRANSFERRING MONE Y RECEIVED THROUGH THE101
FIREARMS AND AMMUNITION EXCISE TAX INTO THE MENTAL AND102
BEHAVIORAL HEALTH EXCISE TAX CASH FUND , AND, IN103
CONNECTION THEREWITH , MAKING AND REDUCING AN104
APPROPRIATION. 105
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/
.)
Joint Budget Committee. The bill creates the behavioral and
mental health excise tax cash fund that is designated to hold money
SENATE SPONSORSHIP
Amabile and Bridges, Kirkmeyer
HOUSE SPONSORSHIP
Bird and Sirota, Taggart
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. received from the firearm and ammunition excise tax (Proposition KK)
for certain behavioral health-related purposes.
Current law requires $8 million that is received from Proposition
KK to be transferred to the behavioral and mental health cash fund. The
bill requires this money to instead be transferred to the behavioral and
mental health excise tax cash fund.
The bill requires the state treasurer to transfer the Proposition KK
money in the behavioral and mental health cash fund to the behavioral
and mental health excise tax cash fund.
Current law repeals the behavioral and mental health cash fund on
July 1, 2032. The bill changes the repeal date to July 1, 2027.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-75-230, amend2
(2)(a) and (5); repeal (3)(b), (3.5), and (3.7); and add (3.8) as follows:3
24-75-230. Behavioral and mental health cash fund - creation4
- allowable uses - task force - definitions - repeal. (2) (a) The5
behavioral and mental health cash fund is created in the state treasury.6
The fund consists of money credited to the fund in accordance with7
subsection (2)(b) of this section money transferred to the fund pursuant
8
to section 39-37-301 (2)(a)(II) and any other money that the general9
assembly may appropriate or transfer to the fund. The general assembly10
may appropriate money from the fund to a department for behavioral11
health care.12
(3) (b) The limitations and requirements set forth in subsection13
(3)(a)(II) of this section do not apply to money transferred to the fund14
pursuant to section 39-37-301 (2)(a)(II).15
(3.5) The first five million dollars of the money transferred to the16
fund pursuant to section 39-37-301 (2)(a)(II), must be used by the17
behavioral health administration, established pursuant to section18
27-50-102, in coordination with the division of veterans affairs, created19
SB25-295-2- in section 28-5-701 (1), for the purpose of continuing and expanding the1
veterans mental health services program in accordance with section2
28-5-714.3
(3.7) After the requirement in subsection (3.5) of this section is4
met, the next three million dollars of the money transferred to the fund5
pursuant to section 39-37-301 (2)(a)(II), must be used by the behavioral6
health administration for the purpose of continuing and expanding access7
to behavioral health crisis response system services for children and youth8
in accordance with article 60 of title 27.9
(3.8) (a) O
N JUNE 30, 2025, THE STATE TREASURER SHALL10
TRANSFER ANY MONEY RECEIVED PURSUANT TO SECTION 39-37-30111
(2)(a)(II)
TO THE BEHAVIORAL AND MENTAL HEALTH EXCISE TAX CASH12
FUND CREATED IN SECTION 39-37-302.13
(b) T
HIS SUBSECTION (3.8) IS REPEALED, EFFECTIVE JULY 1, 2026.14
(5) This section is repealed, effective July 1, 2032
JULY 1, 2027.15
SECTION 2. In Colorado Revised Statutes, 39-37-301, amend16
(2)(a)(II) as follows:17
39-37-301. Firearms and ammunition excise tax cash fund -18
creation - distribution. (2) (a) Except for any money in the fund that is19
annually appropriated by the general assembly pursuant to subsection20
(2)(b) of this section, money paid into the fund pursuant to section21
39-37-110 (2), or credited to the fund pursuant to subsection (1)(b) of this22
section must be distributed from the fund as follows:23
(II) After the requirement in subsection (2)(a)(I) of this section is24
met, the next eight million dollars paid into the fund in each fiscal year25
must be transferred to the behavioral and mental health cash fund created26
in section 24-75-230 (2)(a) BEHAVIORAL AND MENTAL HEALTH EXCISE27
SB25-295
-3- TAX CASH FUND CREATED IN SECTION 39-37-302; and1
SECTION 3. In Colorado Revised Statutes, add 39-37-302 as2
follows:3
39-37-302. Behavioral and mental health excise tax cash fund4
- creation - distribution. (1) (a) T
HE BEHAVIORAL AND MENTAL HEALTH5
EXCISE TAX CASH FUND IS CREATED IN THE STATE TREASURY , REFERRED6
TO IN THIS SECTION AS THE "FUND". THE FUND CONSISTS OF MONEY7
TRANSFERRED TO THE FUND PURSUANT TO SECTION 39-37-301 (2)(a)(II)8
AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE9
OR TRANSFER TO THE FUND. THE GENERAL ASSEMBLY MAY APPROPRIATE10
MONEY FROM THE FUND TO A DEPARTMENT FOR BEHAVIORAL HEALTH11
CARE.12
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND13
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE14
FUND TO THE FUND.15
(2) T
HE FIRST FIVE MILLION DOLLARS OF THE MONEY16
TRANSFERRED TO THE FUND PURSUANT TO SECTION 39-37-301 (2)(a)(II)17
AND SECTION 24-75-230 (3.8) MUST BE USED BY THE BEHAVIORAL HEALTH18
ADMINISTRATION, ESTABLISHED PURSUANT TO SECTION 27-50-102, IN19
COORDINATION WITH THE DIVISION OF VETERANS AFFAIRS , CREATED IN20
SECTION 28-5-701 (1), FOR THE PURPOSE OF CONTINUING AND EXPANDING21
THE VETERANS MENTAL HEALTH SERVICES PROGRAM IN ACCORDANCE22
WITH SECTION 28-5-714. IF THE MONEY DESCRIBED IN THIS SUBSECTION (2)23
IS IN THE FUND, THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE24
THE MONEY FROM THE FUND IN ACCORDANCE WITH THIS SUBSECTION (2)25
UNTIL THE GENERAL ASSEMBLY HAS APPROPRIATED THE FULL AMOUNT OF26
MONEY.27
SB25-295
-4- (3) AFTER THE REQUIREMENT IN SUBSECTION (2) OF THIS SECTION1
IS MET, THE NEXT THREE MILLION DOLLARS OF THE MONEY TRANSFERRED2
TO THE FUND PURSUANT TO SECTION 39-37-301 (2)(a)(II) AND SECTION3
24-75-230
(3.8) MUST BE USED BY THE BEHAVIORAL HEALTH4
ADMINISTRATION FOR THE PURPOSE OF CONTINUING AND EXPANDING5
ACCESS TO BEHAVIORAL HEALTH CRISIS RESPONSE SYSTEM SERVICES FOR6
CHILDREN AND YOUTH IN ACCORDANCE WITH ARTICLE 60 OF TITLE 27. IF7
THE MONEY DESCRIBED IN THIS SUBSECTION (3) IS IN THE FUND, THE8
GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE THE MONEY FROM9
THE FUND IN ACCORDANCE WITH THIS SUBSECTION (3) UNTIL THE GENERAL10
ASSEMBLY HAS APPROPRIATED THE FULL AMOUNT OF MONEY .11
(4) T
HE GENERAL ASSEMBLY MAY APPROPRIATE ANY MONEY12
OTHER THAN THE MONEY DESCRIBED IN SUBSECTIONS (2) AND (3) OF THIS13
SECTION THAT IS IN THE FUND TO A DEPARTMENT FOR BEHAVIORAL14
HEALTH CARE.15
SECTION 4. In Colorado Revised Statutes, 27-60-103, amend16
(1.7) as follows:17
27-60-103. Behavioral health crisis response system - services18
- request for proposals - criteria - reporting - rules - definitions -19
repeal. (1.7) Beginning January 1, 2025, the BHA shall use the money20
transferred to the behavioral and mental health cash fund
BEHAVIORAL21
AND MENTAL HEALTH EXCISE TAX CASH FUND pursuant to sections22
24-75-230 (2)(a) and SECTION 39-37-301 (2)(a)(II) to continue and23
expand access to behavioral health crisis response system services for24
children and youth in accordance with this article 60.25
SECTION 5. In Colorado Revised Statutes, 28-5-714, amend26
(2)(d) as follows:27
SB25-295
-5- 28-5-714. Veterans mental health services program - report -1
rules - definitions. (2) (d) The behavioral health administration2
established in section 27-50-102 shall coordinate with the division to3
continue and expand the program using the money transferred pursuant4
to section 39-37-301 (2)(a)(II) to the behavioral and mental health cash5
fund, created in section 24-75-230 (2)(a), in accordance with section6
24-75-230 (3.5) BEHAVIORAL AND MENTAL HEALTH EXCISE TAX CASH7
FUND CREATED IN SECTION 39-37-302 and shall post on its website a list8
of providers who participate in the program.9
SECTION 6. In Colorado Revised Statutes, 28-5-714, amend as10
repealed and reenacted with amendments by House Bill 25-113211
(4)(a) as follows:12
28-5-714. Veterans mental health services program -13
community behavioral health program grants - rules - definitions.14
(4) (a) The BHA shall coordinate with the division to continue and15
expand the veterans mental health services program using the money16
transferred pursuant to section 39-37-301 (2)(a)(II) to the behavioral and17
mental health cash fund, created in section 24-75-230 (2)(a), in18
accordance with section 24-75-230 (3.5) BEHAVIORAL AND MENTAL19
HEALTH EXCISE TAX CASH FUND CREATED IN SECTION 39-37-302.20
SECTION 7. Appropriation - adjustments to 2025 long bill.21
(1) To implement this act, appropriations made in the annual general22
appropriation act for the 2025-26 state fiscal year to the department of23
human services for use by the behavioral health administration are24
adjusted as follows:25
(a) The cash funds appropriation from the behavioral and mental26
health cash fund created in section 24-75-230 (2)(a), C.R.S., for veteran27
SB25-295
-6- mental health services is decreased by $5,000,000;1
(b) The cash funds appropriation from the behavioral and mental2
health excise tax cash fund created in section 39-37-302, C.R.S., for3
veteran mental health services is increased by $5,000,000;4
(c) The cash funds appropriation from the behavioral and mental5
health cash fund created in section 24-75-230 (2)(a), C.R.S., for6
behavioral health crisis response system services is decreased by7
$3,000,000; and8
(d) The cash funds appropriation from the behavioral and mental9
health excise tax cash fund created in section 39-37-302, C.R.S., for10
behavioral health crisis response system services is increased by11
$3,000,000.12
SECTION 8. Effective date. (1) Except as otherwise provided13
in this section, this act takes effect upon passage.14
(2) Section 5 of this act takes effect only if House Bill 25-113215
does not become law.16
(3) Section 6 of this act takes effect only if House Bill 25-113217
becomes law, in which case section 6 takes effect on the applicable18
effective date of section 1 of House Bill 25-1132.19
SECTION 9. Safety clause. The general assembly finds,20
determines, and declares that this act is necessary for the immediate21
preservation of the public peace, health, or safety or for appropriations for22
the support and maintenance of the departments of the state and state23
institutions.24
SB25-295
-7-