Colo. Rev. Stat. § 24-75-230

Current through 11/5/2024 election

Section 24-75-230 - Behavioral and mental health cash fund - creation - allowable uses - task force - definitions - repeal

(1) As used in this section, unless the context otherwise requires:

(a) "American Rescue Plan Act of 2021" means the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended.

(b) "Department" means a principal department identified in section 24-1-110 and the judicial department. The term also includes the office of the governor, including any offices created therein.

(c) "Fund" means the behavioral and mental health cash fund created in subsection (2)(a) of this section or an identical companion fund created by operation of section 24-75-226 (4)(c).

(2)

(a) The behavioral and mental health cash fund is created in the state treasury. The fund consists of money credited to the fund in accordance with subsection (2)(b) of this section, money transferred to the fund pursuant to section 39-37-301 (2)(a)(II), and any other money that the general assembly may appropriate or transfer to the fund. The general assembly may appropriate money from the fund to a department for behavioral health care.

(b)

(I) Three days after June 28, 2021, the state treasurer shall transfer five hundred fifty million dollars from the "American Rescue Plan Act of 2021" cash fund created in section 24-75- 226 to the fund.

(II) Repealed.

(c) On July 1, 2024, the state treasurer shall transfer four million dollars from the general fund to the fund, which must be expended for the purposes specified in section 27-60-502 (2)(c)(I)(D).

(3)

(a)

(I) A department may expend money that originates from money the state received from the federal coronavirus state fiscal recovery fund that is appropriated from the fund for purposes permitted under the "American Rescue Plan Act of 2021" Pub.L. 117-2, as the act may be subsequently amended, and shall not use the money for any purpose prohibited by the act. A department or any person who receives money from the fund shall comply with any requirements set forth in section 24-75-226

(II) A department may expend money appropriated from the fund that was credited to the fund in accordance with subsection (2)(b) of this section for purposes permitted under the "American Rescue Plan Act of 2021" Pub.L. 117-2, as the act may be subsequently amended, and shall not use the money for any purpose prohibited by the act. A department or any person who receives such money from the fund shall comply with any requirements set forth in section 24-75-226.

(b) The limitations and requirements set forth in subsection (3)(a)(II) of this section do not apply to money transferred to the fund pursuant to section 39-37-301 (2)(a)(II).

(3.5) The first five million dollars of the money transferred to the fund pursuant to section 39-37-301 (2)(a)(II), must be used by the behavioral health administration, established pursuant to section 27-50-102, in coordination with the division of veterans affairs, created in section 28-5-701 (1), for the purpose of continuing and expanding the veterans mental health services program in accordance with section 28-5-714.

(3.7) After the requirement in subsection (3.5) of this section is met, the next three million dollars of the money transferred to the fund pursuant to section 39-37-301 (2)(a)(II), must be used by the behavioral health administration for the purpose of continuing and expanding access to behavioral health crisis response system services for children and youth in accordance with article 60 of title 27.

(4)

(a) The executive committee of the legislative council shall, by resolution, create a task force to meet during the 2021 interim and issue a report with recommendations to the general assembly and the governor on policies to create transformational change in the area of behavioral health using money the state receives from the federal coronavirus state fiscal recovery fund under title IX, subtitle M of the "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended.

(b) The task force may include nonlegislative members and have working groups created to assist them. The executive committee shall hire a facilitator to guide the work of the task force.

(c) The task force created in this section is not subject to the requirements specified in section 2-3-303.3 or rule 24A of the joint rules of the senate and the house of representatives. The executive committee shall specify requirements governing members' participation in the task force. The task force shall not submit bill drafts as part of their recommendations.

(4.8) Pursuant to section 24-75-226.5 (6), on December 31, 2026, the state treasurer shall transfer any unexpended and unencumbered money in the fund that originates from the ARPA refinance state money cash fund to the ARPA refinance state money cash fund.

(5) This section is repealed, effective July 1, 2032.

C.R.S. § 24-75-230

Amended by 2024 Ch. 429,§ 11, eff. 6/5/2024.

Amended by 2024 Ch. 423,§ 4, Proposition KK passed by voters in 11/5/2024 election, eff. upon official declaration by the governor, 12/17/2024.

Amended by 2024 Ch. 251,§ 2, eff. 5/24/2024.

Amended by 2022 Ch. 271, § 5, eff. 5/27/2022.

Amended by 2022 Ch. 137, § 13, eff. 4/25/2022.

Added by 2021 Ch. 362, § 32, eff. 6/28/2021.

(1) Section 19(1) of chapter 423 (HB 24-1349), Session Laws of Colorado 2024, provides that changes to this section take effect only if a majority of voters approve the ballot issue referred in accordance with § 39-37-201 at the November 2024 statewide election, and, if the voters approve the ballot measure, the changes to this section are effective on the date of the official declaration of the vote by the governor.

(2) Amendments to subsection (3) by HB 24-1466 and HB 24-1349 were harmonized, effective on the date of the official declaration of the vote thereon by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with § 39-37-201, Colorado Revised Statutes.

(3) Section 38 of chapter 362 (SB 21-137), Session Laws of Colorado 2021, provides that this section takes effect only if SB 21-288 (chapter 221) becomes law and takes effect either upon the effective date of SB 21-137 or one day after the passage of SB 21-288, whichever is later. SB 21-288 became law and took effect June 11, 2021, and SB 21-137 took effect June 28, 2021.

(1) For the short title ("Behavioral Health Recovery Act of 2021") and the legislative declaration in SB 21-137, see sections 1 and 2 of chapter 362, Session Laws of Colorado 2021. (2) For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.