Senate Committee of Reference Report
Committee on Finance
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August 24, 2025
After consideration on the merits, the Committee recommends the following:
HB25B-1006be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend reengrossed bill, page 2, line 3, strike "and (16)".
Page 1, Line 2Page 3, strike lines 1 through 4.
Page 1, Line 3Page 4, line 12, strike "add" and substitute "amend (1)(g) and (1)(h); and
Page 1, Line 4add (1)(i) and".
Page 1, Line 5Page 4, strike lines 14 through 27.
Page 1, Line 6Page 5, strike lines 1 through 13 and substitute:
Page 1, Line 7"10-16-1206. Health insurance affordability cash fund -
Page 1, Line 8creation. (1) There is created in the state treasury the health insurance
Page 1, Line 9affordability cash fund. The fund consists of:
Page 1, Line 10(g) The federal share of the medical assistance payments received
Page 1, Line 11pursuant to section 25.5-4-503 (2); and
Page 1, Line 12(h) Gifts, grants, or donations received from private or public
Page 1, Line 13sources; and
Page 1, Line 14(i) Any other money that may be appropriated or
Page 1, Line 15transferred to the fund.
Page 1, Line 16(1.5) (a) The fund also consists of one hundred million
Page 1, Line 17dollars from the following sources, which the enterprise shall
Page 1, Line 18allocate in accordance with section 10-16-1205 (2)(e):
Page 1, Line 19(I) Up to one hundred million dollars from tax credit sale
Page 1, Line 20proceeds credited to the fund pursuant to section 24-36-406; and
Page 1, Line 21(II) (A) If the total amount of tax credit sale proceeds
Page 1, Line 22available for deposit in the fund is less than one hundred
Page 1, Line 23million dollars, an amount determined and transferred, in
Page 2, Line 1accordance with subsection (1.5)(a)(II)(B) of this section, from
Page 2, Line 2the general fund to the fund;
Page 2, Line 3(B) The state treasurer shall determine the amount of
Page 2, Line 4the transfer from the general fund to the fund by calculating
Page 2, Line 5the difference between one hundred million dollars and the
Page 2, Line 6amount of tax credit sale proceeds credited to the fund
Page 2, Line 7pursuant to section 24-36-406 and, within ten days after making
Page 2, Line 8the determination, shall transfer that amount from the
Page 2, Line 9general fund to the fund.".
Page 2, Line 10Page 13, strike lines 5 through 27.
Page 2, Line 11Strike page 14.
Page 2, Line 12Page 15, strike lines 1 through 19 and substitute:
Page 2, Line 13"SECTION 6. In Colorado Revised Statutes, 24-36-401 as added
Page 2, Line 14by House Bill 25B-1004, amend (2) as follows:
Page 2, Line 1524-36-401. Legislative declaration - tax preference
Page 2, Line 16performance statement. (2) (a) In accordance with section 39-21-304
Page 2, Line 17(1), which requires each bill that creates a new tax expenditure to include
Page 2, Line 18a tax preference performance statement as part of a statutory legislative
Page 2, Line 19declaration, the general assembly further finds and declares that the
Page 2, Line 20general purposes of the tax credits provided for in this part 4 are to induce
Page 2, Line 21certain designated behavior by taxpayers and provide a reduction in
Page 2, Line 22insurance premium tax liability for certain businesses. Specifically, this
Page 2, Line 23tax expenditure is intended to induce insurance companies to purchase tax
Page 2, Line 24credits that will reduce their future insurance premium tax liability in
Page 2, Line 25order to generate money for the health insurance affordability cash
Page 2, Line 26fund created in section 10-16-1206 (1) and the general fund.
Page 2, Line 27(b) The general assembly and the state auditor shall measure the
Page 2, Line 28effectiveness of the tax credits in achieving the purposes specified in
Page 2, Line 29subsection (2)(a) of this section based on the number and value of the
Page 2, Line 30credits claimed and the total amount of general fund money generated
Page 2, Line 31for the health insurance affordability cash fund and the
Page 2, Line 32general fund. The division of insurance shall provide the state auditor
Page 2, Line 33with information regarding the total amount of credits claimed and the
Page 2, Line 34general fund amount of money generated for the health insurance
Page 2, Line 35affordability cash fund and the general fund.
Page 2, Line 36SECTION 7. In Colorado Revised Statutes, 24-36-402 as added
Page 2, Line 37by House Bill 25B-1004, amend (6) as follows:
Page 2, Line 3824-36-402. Definitions. As used in this part 4, unless the context
Page 2, Line 39otherwise requires:
Page 3, Line 1(6) "Tax credit sale proceeds" or "sale proceeds" means the money
Page 3, Line 2or other liquid asset acceptable to the state treasurer that a qualified
Page 3, Line 3taxpayer pays to the department that is deposited in the tax credit sale
Page 3, Line 4proceeds cash fund created in section 24-36-405 (1) as specified in
Page 3, Line 5section 24-36-406.
Page 3, Line 6SECTION 8. In Colorado Revised Statutes, 24-36-403 as added
Page 3, Line 7by House Bill 25B-1004, amend (2)(a)(I) and (8) as follows:
Page 3, Line 824-36-403. Insurance premium tax credits - purchase -
Page 3, Line 9authorization to issue - terms - report. (2) (a) (I) (A) The department
Page 3, Line 10is authorized to issue tax credit certificates to qualified taxpayers pursuant
Page 3, Line 11to this part 4 and part 5 of this article 36 equal to the lesser of a total face
Page 3, Line 12value of up to one hundred twenty-five million dollars and any reasonable
Page 3, Line 13and necessary administrative, monitoring, and closing costs using sale
Page 3, Line 14proceeds or total sales sale proceeds of up to one hundred million
Page 3, Line 15dollars.
Page 3, Line 16(B) In addition to the tax credit certificates authorized
Page 3, Line 17in subsection (2)(a)(I)(A) of this section, the department is
Page 3, Line 18authorized to issue tax credit certificates to qualified
Page 3, Line 19taxpayers pursuant to this part 4 and part 5 of this article 36
Page 3, Line 20equal to the lesser of a total face value of up to one hundred
Page 3, Line 21twenty-five million dollars and any reasonable and necessary
Page 3, Line 22administrative, monitoring, and closing costs using sale
Page 3, Line 23proceeds or total sale proceeds of up to one hundred million
Page 3, Line 24dollars. This subsection (2)(a)(I) takes effect on January 1, 2026,
Page 3, Line 25only if the condition specified in section 10-16-1209 (1) occurs.
Page 3, Line 26(8) The tax credit sale proceeds provided by a qualified taxpayer
Page 3, Line 27in return for a tax credit certificate must be deposited in the general fund
Page 3, Line 28as specified in section 24-36-406.
Page 3, Line 29SECTION 9. In Colorado Revised Statutes, amend as added by
Page 3, Line 30House Bill 25B-1004 24-36-406 as follows:
Page 3, Line 3124-36-406. Distribution of sale proceeds. (1) Except as
Page 3, Line 32provided in subsection (2) of this section, each month, the state
Page 3, Line 33treasurer shall credit the money generated by the sale proceeds pursuant
Page 3, Line 34to parts 4 and 5 of this article 36 to the tax credit sale proceeds cash fund.
Page 3, Line 35The department shall transfer the money to the general fund less any
Page 3, Line 36amounts used for the expenses described in section 24-36-405 (4).
Page 3, Line 37(2) (a) Each month, the state treasurer shall credit the
Page 3, Line 38money generated by the sale proceeds pursuant to parts 4 and
Page 3, Line 395 of this article 36 as follows:
Page 3, Line 40(I) An amount equal to the monthly expenses described in
Page 3, Line 41section 24-36-405 (4) to the tax credit sale proceeds cash fund;
Page 3, Line 42(II) The remainder to the health insurance affordability
Page 3, Line 43cash fund created in section 10-16-1206 (1); except that the
Page 4, Line 1amount credited to the health insurance affordability cash
Page 4, Line 2fund shall not exceed one hundred million dollars; and
Page 4, Line 3(III) After the amount specified in subsection (2)(a)(II) of
Page 4, Line 4this section has been credited to the health insurance
Page 4, Line 5affordability cash fund, then the remainder to the tax credit
Page 4, Line 6sale proceeds cash fund.
Page 4, Line 7(b) The department shall transfer the money in the tax
Page 4, Line 8credit sale proceeds cash fund, less any amounts used for the
Page 4, Line 9expenses described in section 24-36-405 (4), to the general fund.
Page 4, Line 10(c) (I) This subsection (2) will take effect only if, by
Page 4, Line 11December 31, 2025, the United States congress does not enact
Page 4, Line 12and the president does not sign federal legislation that
Page 4, Line 13extends, recreates, or otherwise reinstates the enhanced
Page 4, Line 14premium tax credit for the 2026 plan year. The commissioner of
Page 4, Line 15insurance shall notify the revisor of statutes in writing if the
Page 4, Line 16condition specified in this subsection (2)(c)(I) has occurred by
Page 4, Line 17emailing the notice to revisorofstatutes.ga@coleg.gov. If the
Page 4, Line 18condition specified in this subsection (2)(c)(I) occurs, this
Page 4, Line 19subsection (2) takes effect on January 1, 2026.
Page 4, Line 20(II) This subsection (2) will be repealed if, on or before
Page 4, Line 21December 31, 2025, the United States congress enacts and the
Page 4, Line 22president signs federal legislation that extends, recreates, or
Page 4, Line 23otherwise reinstates the enhanced premium tax credit for the
Page 4, Line 242026 plan year with at least the same eligibility and in the same
Page 4, Line 25amount as authorized by the amendments to the premium tax
Page 4, Line 26credit in the federal "American Rescue Plan Act of 2021", Pub.L.
Page 4, Line 27117-2, and the federal "Inflation Reduction Act of 2022", Pub.L.
Page 4, Line 28117-169, 136 Stat. 1818 (2022). The commissioner of insurance
Page 4, Line 29shall notify the revisor of statutes in writing if the condition
Page 4, Line 30specified in this subsection (2)(c)(II) has occurred and of the date
Page 4, Line 31on which the condition occurred by emailing the notice to
Page 4, Line 32revisorofstatutes.ga@coleg.gov. This subsection (2) is repealed
Page 4, Line 33upon the date identified in the notice that the condition specified
Page 4, Line 34in this subsection (2)(c)(II) occurred or, if the notice does not
Page 4, Line 35specify that date, upon the date of the notice to the revisor of
Page 4, Line 36statutes.
Page 4, Line 37SECTION 10. In Colorado Revised Statutes, 24-36-501 as added
Page 4, Line 38by House Bill 25B-1004, amend (2) as follows:
Page 4, Line 3924-36-501. Legislative declaration - tax preference
Page 4, Line 40performance statement. (2) (a) In accordance with section 39-21-304
Page 4, Line 41(1), which requires each bill that creates a new tax expenditure to include
Page 4, Line 42a tax preference performance statement as part of a statutory legislative
Page 4, Line 43declaration, the general assembly further finds and declares that the
Page 5, Line 1general purposes of the tax credits provided for in this part 5 are to induce
Page 5, Line 2certain designated behavior by taxpayers and provide a reduction in
Page 5, Line 3income tax liability for certain businesses. Specifically, this tax
Page 5, Line 4expenditure is intended to induce C corporations to purchase tax credits
Page 5, Line 5that will reduce their future income tax liability in order to generate
Page 5, Line 6money for the health insurance affordability cash fund created
Page 5, Line 7in section 10-16-1206 (1) and the general fund.
Page 5, Line 8(b) The general assembly and the state auditor shall measure the
Page 5, Line 9effectiveness of the tax credits in achieving the purposes specified in
Page 5, Line 10subsection (2)(a) of this section based on the number and value of the
Page 5, Line 11credits claimed and the total amount of general fund money generated
Page 5, Line 12for the health insurance affordability cash fund and the
Page 5, Line 13general fund. The department of revenue shall provide the state auditor
Page 5, Line 14with information regarding the total amount of credits claimed and the
Page 5, Line 15general fund amount of money generated for the health insurance
Page 5, Line 16affordability cash fund and the general fund.
Page 5, Line 17SECTION 11. In Colorado Revised Statutes, 24-36-502 as added
Page 5, Line 18by House Bill 25B-1004, amend (6) as follows:
Page 5, Line 1924-36-502. Definitions. As used in this part 5, unless the context
Page 5, Line 20otherwise requires:
Page 5, Line 21(6) "Tax credit sale proceeds" or "sale proceeds" means the money
Page 5, Line 22or other liquid asset acceptable to the state treasurer that a qualified
Page 5, Line 23taxpayer pays to the department that is deposited in the general fund as
Page 5, Line 24specified in section 24-36-406.
Page 5, Line 25SECTION 12. In Colorado Revised Statutes, 24-36-503 as added
Page 5, Line 26by House Bill 25B-1004, amend (2)(a) and (8) as follows:
Page 5, Line 2724-36-503. Corporate tax credits - purchase - authorization to
Page 5, Line 28issue - terms - report. (2) (a) (I) The department is authorized to issue
Page 5, Line 29tax credit certificates to qualified taxpayers pursuant to this part 5 and
Page 5, Line 30part 4 of this article 36 equal to the lesser of a total face value of up to
Page 5, Line 31one hundred twenty-five million dollars and any reasonable and necessary
Page 5, Line 32administrative, monitoring, and closing costs using sales sale proceeds
Page 5, Line 33or total sales sale proceeds of up to one hundred million dollars.
Page 5, Line 34(II) (A) In addition to the tax credit certificates
Page 5, Line 35authorized in subsection (2)(a)(I) of this section, the department
Page 5, Line 36is authorized to issue tax credit certificates to qualified
Page 5, Line 37taxpayers pursuant to this part 5 and part 4 of this article 36
Page 5, Line 38equal to the lesser of a total face value of up to one hundred
Page 5, Line 39twenty-five million dollars and any reasonable and necessary
Page 5, Line 40administrative, monitoring, and closing costs using sale
Page 5, Line 41proceeds or total sale proceeds of up to one hundred million
Page 5, Line 42dollars.
Page 5, Line 43(B) This subsection (2)(a)(II) takes effect on January 1,
Page 6, Line 12026, only if the condition specified in section 10-16-1209 (1)
Page 6, Line 2occurs.
Page 6, Line 3(8) The tax credit sale proceeds provided by a qualified taxpayer
Page 6, Line 4in return for a tax credit certificate must be deposited in the general fund
Page 6, Line 5as specified in section 24-36-406.
Page 6, Line 6SECTION 13. In Colorado Revised Statutes, add parts 4 and 5
Page 6, Line 7to article 36 of title 24 as follows:
Page 6, Line 8PART 4
Page 6, Line 9SALE OF INSURANCE PREMIUM TAX CREDITS
Page 6, Line 1024-36-401. Legislative declaration - tax preference
Page 6, Line 11performance statement. (1) The general assembly finds and
Page 6, Line 12declares that:
Page 6, Line 13(a) The insurance premium tax credits authorized by this
Page 6, Line 14part 4 are not refundable and do not impose an obligation of
Page 6, Line 15payment in any future year on the state;
Page 6, Line 16(b) The use of proceeds from the sale of insurance premium
Page 6, Line 17tax credits does not require the state to borrow money, extend
Page 6, Line 18or pledge the state's credit, or obligate the state to make
Page 6, Line 19future payments from state revenue;
Page 6, Line 20(c) The sale and use of the tax credits shall not be deemed
Page 6, Line 21or construed as creating indebtedness or any other financial
Page 6, Line 22obligation whatsoever within the meaning of any provision of
Page 6, Line 23the state constitution or the laws of the state concerning or
Page 6, Line 24limiting the creation of indebtedness or other financial
Page 6, Line 25obligation by the state;
Page 6, Line 26(d) The tax credits allow an insurance company with an
Page 6, Line 27insurance premium tax liability to prepay its tax liability for
Page 6, Line 28future years, which does not constitute a tax policy change
Page 6, Line 29under section 20 (4)(a) of article X of the state constitution; and
Page 6, Line 30(e) Any proceeds from the sale of the tax credits will be
Page 6, Line 31offset by decreases in future revenue resulting from the buyer's
Page 6, Line 32use of the tax credits and therefore will not cause a net tax
Page 6, Line 33revenue gain under section 20 (4)(a) of article X of the state
Page 6, Line 34constitution.
Page 6, Line 35(2) (a) In accordance with section 39-21-304 (1), which
Page 6, Line 36requires each bill that creates a new tax expenditure to include
Page 6, Line 37a tax preference performance statement as part of a statutory
Page 6, Line 38legislative declaration, the general assembly further finds and
Page 6, Line 39declares that the general purposes of the tax credits provided
Page 6, Line 40for in this part 4 are to induce certain designated behavior by
Page 6, Line 41taxpayers and provide a reduction in insurance premium tax
Page 6, Line 42liability for certain businesses. Specifically, this tax
Page 6, Line 43expenditure is intended to induce insurance companies to
Page 7, Line 1purchase tax credits that will reduce their future insurance
Page 7, Line 2premium tax liability in order to generate money for the health
Page 7, Line 3insurance affordability cash fund.
Page 7, Line 4(b) The general assembly and the state auditor shall
Page 7, Line 5measure the effectiveness of the tax credits in achieving the
Page 7, Line 6purposes specified in subsection (2)(a) of this section based on the
Page 7, Line 7number and value of the credits claimed and the total amount
Page 7, Line 8of money generated and allocated to the health insurance
Page 7, Line 9affordability cash fund. The division of insurance shall provide
Page 7, Line 10the state auditor with information regarding the total amount
Page 7, Line 11of credits claimed and the money allocated to the health
Page 7, Line 12insurance affordability cash fund.
Page 7, Line 1324-36-402. Definitions. As used in this part 4, unless the
Page 7, Line 14context otherwise requires:
Page 7, Line 15(1) "Department" means the department of the treasury.
Page 7, Line 16(2) "Division of insurance" means the division of insurance
Page 7, Line 17in the department of regulatory agencies created in section
Page 7, Line 1810-1-103.
Page 7, Line 19(3) "Health insurance affordability cash fund" means the
Page 7, Line 20health insurance affordability cash fund created in section
Page 7, Line 2110-16-1206 (1).
Page 7, Line 22(4) "Premium tax liability" means the liability imposed by
Page 7, Line 23section 10-3-209 or 10-6-128, or, in the case of a repeal or
Page 7, Line 24reduction by the state of the liability imposed by section
Page 7, Line 2510-3-209 or 10-6-128, any other tax liability imposed upon an
Page 7, Line 26insurance company by the state.
Page 7, Line 27(5) "Qualified taxpayer" means an insurance company
Page 7, Line 28authorized to do business in Colorado that has premium tax
Page 7, Line 29liability owing to the state and that purchases a tax credit
Page 7, Line 30under this part 4. "Qualified taxpayer" also includes an
Page 7, Line 31insurance company that receives or assumes a tax credit
Page 7, Line 32transferred in accordance with section 24-36-403 (7)(e) or
Page 7, Line 3324-36-404 (5).
Page 7, Line 34(6) "Tax credit" means the tax credit created in section
Page 7, Line 3524-36-403.
Page 7, Line 36(7) "Tax credit sale proceeds" or "sale proceeds" means
Page 7, Line 37the money or other liquid asset acceptable to the state
Page 7, Line 38treasurer that a qualified taxpayer pays to the department
Page 7, Line 39that is deposited as specified in section 24-36-406.
Page 7, Line 4024-36-403. Insurance premium tax credits - purchase -
Page 7, Line 41authorization to issue - terms - report. (1) A qualified taxpayer
Page 7, Line 42may purchase insurance premium tax credits from the
Page 7, Line 43department in accordance with this section and may apply the
Page 8, Line 1tax credits against its premium tax liability in accordance with
Page 8, Line 2section 24-36-404.
Page 8, Line 3(2) (a) The department is authorized to issue tax credit
Page 8, Line 4certificates to qualified taxpayers pursuant to this part 4 and
Page 8, Line 5part 5 of this article 36 equal to the lesser of a total face value
Page 8, Line 6of up to one hundred twenty-five million dollars and any
Page 8, Line 7reasonable and necessary administrative, monitoring, and
Page 8, Line 8closing costs using sale proceeds or total sale proceeds of up to
Page 8, Line 9one hundred million dollars.
Page 8, Line 10(b) The department may contract with an independent
Page 8, Line 11third party to conduct or consult on a bidding process among
Page 8, Line 12qualified taxpayers to purchase the tax credits.
Page 8, Line 13(c) The department shall consult with insurance
Page 8, Line 14companies in advance of issuing any tax credits in accordance
Page 8, Line 15with this section.
Page 8, Line 16(3) An insurance company authorized to do business in
Page 8, Line 17Colorado seeking to purchase tax credits must apply to the
Page 8, Line 18department in the manner prescribed by the department.
Page 8, Line 19(4) Using procedures adopted by the department or, if
Page 8, Line 20applicable, by an independent third party, each insurance
Page 8, Line 21company that submits an application shall make a timely and
Page 8, Line 22irrevocable offer, contingent only on the department's issuance
Page 8, Line 23to the insurance company of the tax credit certificates, to make
Page 8, Line 24a specified purchase payment amount to the department on dates
Page 8, Line 25specified by the department, which must not burden any single
Page 8, Line 26tax year. The offer must include:
Page 8, Line 27(a) The requested amount of tax credits, which must not
Page 8, Line 28be less than any minimum amount established in procedures by
Page 8, Line 29the department or, if applicable, the independent third party;
Page 8, Line 30(b) The qualified taxpayer's proposed tax credit purchase
Page 8, Line 31amount for each tax credit dollar requested. The minimum
Page 8, Line 32proposed tax credit purchase amount must be the greater of
Page 8, Line 33either:
Page 8, Line 34(I) The percentage of the requested dollar amount of tax
Page 8, Line 35credits that the department and, if applicable, the independent
Page 8, Line 36third party determines to be consistent with market conditions
Page 8, Line 37as of the offer date; or
Page 8, Line 38(II) Eighty percent of the requested dollar amount of tax
Page 8, Line 39credits; and
Page 8, Line 40(c) Any other information the department or, if
Page 8, Line 41applicable, the independent third party requires.
Page 8, Line 42(5) The department shall provide written notice to each
Page 8, Line 43insurance company that submits an application indicating
Page 9, Line 1whether the insurance company has been approved as a
Page 9, Line 2purchaser of tax credits and, if so, the amount of tax credits
Page 9, Line 3allocated and the date by which payment of the tax credit sale
Page 9, Line 4proceeds must be made.
Page 9, Line 5(6) On receipt of payment of the sale proceeds, the
Page 9, Line 6department shall issue to each qualified taxpayer a tax credit
Page 9, Line 7certificate. The tax credit certificate must state:
Page 9, Line 8(a) The total amount of premium tax credits that the
Page 9, Line 9qualified taxpayer may claim;
Page 9, Line 10(b) The amount that the qualified taxpayer has paid or
Page 9, Line 11agreed to pay in return for the issuance of the tax credit
Page 9, Line 12certificates and the date of the payment;
Page 9, Line 13(c) The dates on which the tax credits will be available
Page 9, Line 14for use by the qualified taxpayer;
Page 9, Line 15(d) Any penalties or other remedies for noncompliance;
Page 9, Line 16(e) The procedures to be used for transferring or
Page 9, Line 17assuming the tax credits in accordance with subsection (7)(e) of
Page 9, Line 18this section or section 24-36-404 (5);
Page 9, Line 19(f) The serial number of the tax credit certificate; and
Page 9, Line 20(g) Any other requirements deemed necessary by the
Page 9, Line 21department as a condition of issuing the tax credit certificate.
Page 9, Line 22(7) (a) The department shall not issue a tax credit
Page 9, Line 23certificate to any qualified taxpayer that fails to provide the
Page 9, Line 24tax credit sale proceeds within the time the department
Page 9, Line 25specifies.
Page 9, Line 26(b) A qualified taxpayer that fails to provide the tax
Page 9, Line 27credit sale proceeds within the time the department specifies is
Page 9, Line 28subject to a penalty equal to ten percent of the amount of the
Page 9, Line 29purchase price that remains unpaid. The penalty must be paid to
Page 9, Line 30the department within thirty days after demand.
Page 9, Line 31(c) The department may offer to reallocate the defaulted
Page 9, Line 32tax credits among other qualified taxpayers, so that the result
Page 9, Line 33after reallocation is the same as if the initial allocation had
Page 9, Line 34been performed without considering the tax credit allocation
Page 9, Line 35to the defaulting qualified taxpayer.
Page 9, Line 36(d) If the reallocation of tax credits under subsection
Page 9, Line 37(7)(c) of this section results in the payment by another qualified
Page 9, Line 38taxpayer of the amount of tax credit sale proceeds not paid by
Page 9, Line 39the defaulting qualified taxpayer, the department may waive
Page 9, Line 40the penalty imposed under subsection (7)(b) of this section.
Page 9, Line 41(e) A qualified taxpayer that fails to pay the tax credit
Page 9, Line 42sale proceeds within the time specified may avoid the imposition
Page 9, Line 43of the penalty by transferring the allocation of tax credits to
Page 10, Line 1a new or existing qualified taxpayer within thirty days after the
Page 10, Line 2due date of the defaulted installment. Any transferee of an
Page 10, Line 3allocation of tax credits of a defaulting qualified taxpayer
Page 10, Line 4under this subsection (7) shall agree to pay the tax credit sale
Page 10, Line 5proceeds within five days after the date of the transfer.
Page 10, Line 6(8) The tax credit sale proceeds provided by a qualified
Page 10, Line 7taxpayer in return for a tax credit certificate issued pursuant
Page 10, Line 8to subsection (2)(a) of this section must be deposited as specified
Page 10, Line 9in section 24-36-406.
Page 10, Line 10(9) (a) The department shall provide, within thirty days
Page 10, Line 11after the close of the fiscal year, a data file to the division of
Page 10, Line 12insurance and the department of revenue for each fiscal year in
Page 10, Line 13which it issues tax credit certificates pursuant to this part 4.
Page 10, Line 14The data file must include:
Page 10, Line 15(I) The name and identifying number issued by the
Page 10, Line 16National Association of Insurance Commissioners, or any
Page 10, Line 17successor organization, of each qualified taxpayer to which the
Page 10, Line 18department issued a tax credit certificate;
Page 10, Line 19(II) The total amount of the tax credit allocated to the
Page 10, Line 20qualified taxpayer; and
Page 10, Line 21(III) The serial number of the tax credit certificate issued
Page 10, Line 22to the qualified taxpayer.
Page 10, Line 23(b) The department shall maintain records of each tax
Page 10, Line 24credit certificate issued, transferred, or assumed that are
Page 10, Line 25sufficient to allow the department of revenue or the division of
Page 10, Line 26insurance to verify the issuance and ownership of the credit. The
Page 10, Line 27department shall provide the records to the office of the state
Page 10, Line 28auditor upon request so that the state auditor can evaluate the
Page 10, Line 29effectiveness of the tax credits in accordance with sections
Page 10, Line 3024-36-401 (2)(b) and 39-21-305.
Page 10, Line 31(10) The department may pay an independent third party
Page 10, Line 32and any consultants reasonable and necessary administrative,
Page 10, Line 33monitoring, and closing costs using the proceeds from the sale
Page 10, Line 34of tax credits.
Page 10, Line 3524-36-404. Use of insurance premium tax credits - carry over.
Page 10, Line 36(1) For a tax credit certificate issued in fiscal year 2025-26, the
Page 10, Line 37department, in consultation with the office of state planning
Page 10, Line 38and budgeting, prior to the sale, may determine the calendar
Page 10, Line 39years in which the qualified taxpayer may claim the qualified
Page 10, Line 40taxpayer's tax credit against the qualified taxpayer's premium
Page 10, Line 41tax liability.
Page 10, Line 42(2) The total credit to be applied by a qualified taxpayer
Page 10, Line 43in any one year must not exceed the premium tax liability of the
Page 11, Line 1qualified taxpayer for the taxable year. If the qualified
Page 11, Line 2taxpayer cannot use the entire amount of the tax credit for the
Page 11, Line 3taxable year in which the taxpayer is eligible for the credit, the
Page 11, Line 4excess may be carried over to succeeding taxable years and
Page 11, Line 5used as a credit against the premium tax liability of the
Page 11, Line 6taxpayer for those taxable years; except that the credit may
Page 11, Line 7not be carried over to any taxable year that begins after
Page 11, Line 8December 31, 2033. Any amount of the credit that is not timely
Page 11, Line 9claimed expires and is not refundable.
Page 11, Line 10(3) A qualified taxpayer claiming a credit under this part
Page 11, Line 114 shall submit the tax credit certificate with its tax return.
Page 11, Line 12(4) A qualified taxpayer claiming a tax credit under this
Page 11, Line 13part 4 shall not be required to pay any additional or
Page 11, Line 14retaliatory tax as a result of claiming the credit.
Page 11, Line 15(5) If a qualified taxpayer holding an unclaimed tax
Page 11, Line 16credit is part of a merger, acquisition, or line of business
Page 11, Line 17divestiture transaction, the tax credit may be transferred to
Page 11, Line 18and assumed by the resulting entity if the resulting entity is an
Page 11, Line 19insurance company authorized to do business in Colorado that
Page 11, Line 20has premium tax liability. The qualified taxpayer that
Page 11, Line 21originally purchased the credit and the resulting entity shall
Page 11, Line 22notify the department in writing of the transfer or assumption
Page 11, Line 23of the credit in accordance with procedures adopted by the
Page 11, Line 24department. The transfer or assumption of the tax credit does
Page 11, Line 25not affect the time schedule for claiming the tax credit as
Page 11, Line 26provided in this section.
Page 11, Line 27(6) The department shall provide a report to the division
Page 11, Line 28of insurance for each fiscal year in which it issues tax credit
Page 11, Line 29certificates pursuant to this part 4 within thirty days after the
Page 11, Line 30close of the fiscal year. The report must include:
Page 11, Line 31(a) The name and identifying number issued by the
Page 11, Line 32National Association of Insurance Commissioners, or any
Page 11, Line 33successor organization, of each qualified taxpayer to which the
Page 11, Line 34department issued a tax credit certificate;
Page 11, Line 35(b) The total amount of the tax credit allocated to the
Page 11, Line 36qualified taxpayer; and
Page 11, Line 37(c) The serial number of the tax credit certificate issued,
Page 11, Line 38transferred, or assumed that is sufficient to allow the division
Page 11, Line 39of insurance to verify the issuance and ownership of the tax
Page 11, Line 40credit.
Page 11, Line 4124-36-405. Tax credit sale proceeds cash fund - creation.
Page 11, Line 42(1) The tax credit sale proceeds cash fund is created in the state
Page 11, Line 43treasury. The fund consists of money generated by sale
Page 12, Line 1proceeds credited to the fund pursuant to section 24-36-406 and
Page 12, Line 2any other money that the general assembly may appropriate or
Page 12, Line 3transfer to the fund.
Page 12, Line 4(2) The state treasurer shall credit all interest and
Page 12, Line 5income derived from the deposit and investment of money in the
Page 12, Line 6tax credit sale proceeds cash fund to the fund.
Page 12, Line 7(3) The state treasurer shall transfer any unexpended
Page 12, Line 8and unencumbered money remaining in the tax credit sale
Page 12, Line 9proceeds cash fund at the end of a fiscal year to the general
Page 12, Line 10fund.
Page 12, Line 11(4) (a) Subject to annual appropriation by the general
Page 12, Line 12assembly, the department may expend money from the fund for
Page 12, Line 13any reasonable and necessary administrative, monitoring, and
Page 12, Line 14closing costs associated with implementing and administering
Page 12, Line 15parts 4 and 5 of this article 36.
Page 12, Line 16(b) Subject to annual appropriation by the general
Page 12, Line 17assembly, the department of revenue may expend money from the
Page 12, Line 18fund for direct and indirect costs associated with implementing
Page 12, Line 19and administering parts 4 and 5 of this article 36.
Page 12, Line 2024-36-406. Distribution of sale proceeds. (1) Each month, the
Page 12, Line 21state treasurer shall credit the money generated by the sale
Page 12, Line 22proceeds pursuant to parts 4 and 5 of this article 36 as follows:
Page 12, Line 23(a) An amount equal to the monthly expenses described in
Page 12, Line 24section 24-36-405 (4) to the tax credit sale proceeds cash fund;
Page 12, Line 25(b) The remainder to the health insurance affordability
Page 12, Line 26cash fund; except that the amount credited to the health
Page 12, Line 27insurance affordability cash fund shall not exceed one hundred
Page 12, Line 28million dollars; and
Page 12, Line 29(c) After the amount specified in subsection (1)(b) of this
Page 12, Line 30section has been credited to the health insurance affordability
Page 12, Line 31cash fund, then the remainder to the tax credit sale proceeds
Page 12, Line 32cash fund.
Page 12, Line 33(2) The department shall transfer the money in the tax
Page 12, Line 34credit sale proceeds cash fund, less any amounts used for the
Page 12, Line 35expenses described in section 24-36-405 (4), to the general fund.
Page 12, Line 3624-36-407. Part contingent on condition - repeal of part -
Page 12, Line 37notice to the revisor. (1) This part 4 will take effect only if, by
Page 12, Line 38December 31, 2025, the United States congress does not enact
Page 12, Line 39and the president does not sign federal legislation that
Page 12, Line 40extends, recreates, or otherwise reinstates the enhanced
Page 12, Line 41premium tax credit for the 2026 plan year. The commissioner of
Page 12, Line 42insurance shall notify the revisor of statutes in writing if the
Page 12, Line 43condition specified in this subsection (1) has occurred by
Page 13, Line 1emailing the notice to revisorofstatutes.ga@coleg.gov. If the
Page 13, Line 2condition specified in this subsection (1) occurs, this part 4 takes
Page 13, Line 3effect on January 1, 2026.
Page 13, Line 4(2) This part 4 will be repealed if, on or before December
Page 13, Line 531, 2025, the United States congress enacts and the president
Page 13, Line 6signs federal legislation that extends, recreates, or otherwise
Page 13, Line 7reinstates the enhanced premium tax credit for the 2026 plan
Page 13, Line 8year with at least the same eligibility and in the same amount as
Page 13, Line 9authorized by the amendments to the premium tax credit in the
Page 13, Line 10federal "American Rescue Plan Act of 2021", Pub.L. 117-2, and
Page 13, Line 11the federal "Inflation Reduction Act of 2022", Pub.L. 117-169, 136
Page 13, Line 12Stat. 1818 (2022). The commissioner of insurance shall notify the
Page 13, Line 13revisor of statutes in writing if the condition specified in this
Page 13, Line 14subsection (2) has occurred and of the date on which the
Page 13, Line 15condition occurred by emailing the notice to
Page 13, Line 16revisorofstatutes.ga@coleg.gov. This part 4 is repealed upon
Page 13, Line 17the date identified in the notice that the condition specified in
Page 13, Line 18this subsection (2) occurred or, if the notice does not specify
Page 13, Line 19that date, upon the date of the notice to the revisor of statutes.
Page 13, Line 20(3) This part 4 is repealed, effective December 31, 2040.
Page 13, Line 21PART 5
Page 13, Line 22SALE OF CORPORATE TAX CREDITS
Page 13, Line 2324-36-501. Legislative declaration - tax preference
Page 13, Line 24performance statement. (1) The general assembly finds and
Page 13, Line 25declares that:
Page 13, Line 26(a) The corporate tax credits authorized by this part 5 are
Page 13, Line 27not refundable and do not impose an obligation of payment in
Page 13, Line 28any future year on the state;
Page 13, Line 29(b) The use of proceeds from the sale of corporate tax
Page 13, Line 30credits does not require the state to borrow money, extend or
Page 13, Line 31pledge the state's credit, or obligate the state to make future
Page 13, Line 32payments from state revenue;
Page 13, Line 33(c) The sale and use of the corporate tax credits shall
Page 13, Line 34not be deemed or construed as creating indebtedness or any
Page 13, Line 35other financial obligation whatsoever within the meaning of
Page 13, Line 36any provision of the state constitution or the laws of the state
Page 13, Line 37concerning or limiting the creation of indebtedness or other
Page 13, Line 38financial obligation by the state;
Page 13, Line 39(d) The tax credits allow a corporation with an income
Page 13, Line 40tax liability to prepay its tax liability for future years, which
Page 13, Line 41does not constitute a tax policy change under section 20 (4)(a)
Page 13, Line 42of article X of the state constitution; and
Page 13, Line 43(e) Any proceeds from the sale of the tax credits will be
Page 14, Line 1offset by decreases in future revenue resulting from the buyer's
Page 14, Line 2use of the tax credits and therefore will not cause a net tax
Page 14, Line 3revenue gain under section 20 (4)(a) of article X of the state
Page 14, Line 4constitution.
Page 14, Line 5(2) (a) In accordance with section 39-21-304 (1), which
Page 14, Line 6requires each bill that creates a new tax expenditure to include
Page 14, Line 7a tax preference performance statement as part of a statutory
Page 14, Line 8legislative declaration, the general assembly further finds and
Page 14, Line 9declares that the general purposes of the tax credits provided
Page 14, Line 10for in this part 5 are to induce certain designated behavior by
Page 14, Line 11taxpayers and provide a reduction in income tax liability for
Page 14, Line 12certain businesses. Specifically, this tax expenditure is intended
Page 14, Line 13to induce C corporations to purchase tax credits that will
Page 14, Line 14reduce their future income tax liability in order to generate
Page 14, Line 15money for the health insurance affordability cash fund.
Page 14, Line 16(b) The general assembly and the state auditor shall
Page 14, Line 17measure the effectiveness of the tax credits in achieving the
Page 14, Line 18purposes specified in subsection (2)(a) of this section based on the
Page 14, Line 19number and value of the credits claimed and the total amount
Page 14, Line 20of money generated and allocated to the health insurance
Page 14, Line 21affordability cash fund. The department of revenue shall
Page 14, Line 22provide the state auditor with information regarding the total
Page 14, Line 23amount of credits claimed and the money allocated to the
Page 14, Line 24health insurance affordability cash fund.
Page 14, Line 2524-36-502. Definitions. As used in this part 5, unless the
Page 14, Line 26context otherwise requires:
Page 14, Line 27(1) "C corporation" has the same meaning as in section
Page 14, Line 2839-22-103 (2.5).
Page 14, Line 29(2) "Department" means the department of the treasury.
Page 14, Line 30(3) "Health insurance affordability cash fund" means the
Page 14, Line 31health insurance affordability cash fund created in section
Page 14, Line 3210-16-1206 (1).
Page 14, Line 33(4) "Income tax liability" means the liability imposed by
Page 14, Line 34section 39-22-301.
Page 14, Line 35(5) "Qualified taxpayer" means a C corporation
Page 14, Line 36authorized to do business in Colorado that has or will have an
Page 14, Line 37income tax liability owing to the state. "Qualified taxpayer"
Page 14, Line 38also includes a C corporation that receives or assumes a tax
Page 14, Line 39credit transferred in accordance with section 26-36-503 (7)(e).
Page 14, Line 40(6) "Tax credit" means the tax credit created in section
Page 14, Line 4124-36-503.
Page 14, Line 42(7) "Tax credit sale proceeds" or "sale proceeds" means
Page 14, Line 43the money or other liquid asset acceptable to the state
Page 15, Line 1treasurer that a qualified taxpayer pays to the department
Page 15, Line 2that is credited as specified in section 24-36-406.
Page 15, Line 324-36-503. Corporate tax credits - purchase - authorization to
Page 15, Line 4issue - terms - report. (1) A qualified taxpayer may purchase
Page 15, Line 5income tax credits from the department in accordance with this
Page 15, Line 6section and may apply the tax credits against its income tax
Page 15, Line 7liability in accordance with section 24-36-504.
Page 15, Line 8(2) (a) The department is authorized to issue tax credit
Page 15, Line 9certificates to qualified taxpayers pursuant to this part 5 and
Page 15, Line 10part 4 of this article 36 equal to the lesser of a total face value
Page 15, Line 11of up to one hundred twenty-five million dollars and any
Page 15, Line 12reasonable and necessary administrative, monitoring, and
Page 15, Line 13closing costs using sales proceeds or total sales proceeds of up
Page 15, Line 14to one hundred million dollars.
Page 15, Line 15(b) The department may contract with an independent
Page 15, Line 16third party to conduct or consult on a bidding process among
Page 15, Line 17qualified taxpayers to purchase the tax credits.
Page 15, Line 18(c) The department shall consult with C corporations in
Page 15, Line 19advance of issuing any tax credits in accordance with this
Page 15, Line 20section.
Page 15, Line 21(3) A C corporation authorized to do business in Colorado
Page 15, Line 22seeking to purchase tax credits must apply to the department in
Page 15, Line 23the manner prescribed by the department.
Page 15, Line 24(4) Using procedures adopted by the department or, if
Page 15, Line 25applicable, by an independent third party, each C corporation
Page 15, Line 26that submits an application shall make a timely and irrevocable
Page 15, Line 27offer, contingent only on the department's issuance to the C
Page 15, Line 28corporation of the tax credit certificates, to make a specified
Page 15, Line 29purchase payment amount to the department on dates specified
Page 15, Line 30by the department, which must not burden any single tax year.
Page 15, Line 31The offer must include:
Page 15, Line 32(a) The requested amount of tax credits, which must not
Page 15, Line 33be less than any minimum amount established in procedures by
Page 15, Line 34the department or, if applicable, the independent third party;
Page 15, Line 35(b) The qualified taxpayer's proposed tax credit purchase
Page 15, Line 36amount for each tax credit dollar requested. The minimum
Page 15, Line 37proposed tax credit purchase amount must be the greater of
Page 15, Line 38either:
Page 15, Line 39(I) The percentage of the requested dollar amount of tax
Page 15, Line 40credits that the department and, if applicable, the independent
Page 15, Line 41third party determines to be consistent with market conditions
Page 15, Line 42as of the offer date; or
Page 15, Line 43(II) Eighty percent of the requested dollar amount of tax
Page 16, Line 1credits; and
Page 16, Line 2(c) Any other information the department or, if
Page 16, Line 3applicable, the independent third party requires.
Page 16, Line 4(5) The department shall provide written notice to each
Page 16, Line 5C corporation that submits an application indicating whether
Page 16, Line 6the C corporation has been approved as a purchaser of tax
Page 16, Line 7credits and, if so, the amount of tax credits allocated and the
Page 16, Line 8date by which payment of the tax credit sale proceeds must be
Page 16, Line 9made.
Page 16, Line 10(6) On receipt of payment of the sale proceeds, the
Page 16, Line 11department shall issue to each qualified taxpayer a tax credit
Page 16, Line 12certificate. The tax credit certificate must state:
Page 16, Line 13(a) The total amount of income tax credits that the
Page 16, Line 14qualified taxpayer may claim;
Page 16, Line 15(b) The amount that the qualified taxpayer has paid for
Page 16, Line 16the issuance of the tax credit certificates and the date of the
Page 16, Line 17payment;
Page 16, Line 18(c) The dates on which the tax credits will be available
Page 16, Line 19for use by the qualified taxpayer;
Page 16, Line 20(d) Any penalties or other remedies for noncompliance;
Page 16, Line 21(e) The procedures to be used for transferring or
Page 16, Line 22assuming the tax credits in accordance with subsection (7)(e) of
Page 16, Line 23this section;
Page 16, Line 24(f) The serial number of the tax credit certificate; and
Page 16, Line 25(g) Any other requirements deemed necessary by the
Page 16, Line 26department as a condition of issuing the tax credit certificate.
Page 16, Line 27(7) (a) The department shall not issue a tax credit
Page 16, Line 28certificate to any qualified taxpayer that fails to provide the
Page 16, Line 29tax credit sale proceeds within the time the department
Page 16, Line 30specifies.
Page 16, Line 31(b) A qualified taxpayer that fails to provide the tax
Page 16, Line 32credit sale proceeds within the time the department specifies is
Page 16, Line 33subject to a penalty equal to ten percent of the amount of the
Page 16, Line 34purchase price that remains unpaid. The penalty must be paid to
Page 16, Line 35the department within thirty days after demand.
Page 16, Line 36(c) The department may offer to reallocate the defaulted
Page 16, Line 37tax credits among other qualified taxpayers so that the result
Page 16, Line 38after reallocation is the same as if the initial allocation had
Page 16, Line 39been performed without considering the tax credit allocation
Page 16, Line 40to the defaulting qualified taxpayer.
Page 16, Line 41(d) If the reallocation of tax credits under subsection
Page 16, Line 42(7)(c) of this section results in the payment by another qualified
Page 16, Line 43taxpayer of the amount of tax credit sale proceeds not paid by
Page 17, Line 1the defaulting qualified taxpayer, the department may waive
Page 17, Line 2the penalty imposed under subsection (7)(b) of this section.
Page 17, Line 3(e) A qualified taxpayer that fails to pay the tax credit
Page 17, Line 4sale proceeds within the time specified may avoid the imposition
Page 17, Line 5of the penalty by transferring the allocation of tax credits to
Page 17, Line 6a new or existing qualified taxpayer within thirty days after the
Page 17, Line 7due date of the defaulted installment. Any transferee of an
Page 17, Line 8allocation of tax credits of a defaulting qualified taxpayer
Page 17, Line 9under this subsection (7) shall agree to pay the tax credit sale
Page 17, Line 10proceeds within five days after the date of the transfer.
Page 17, Line 11(8) The tax credit sale proceeds provided by a qualified
Page 17, Line 12taxpayer in return for a tax credit certificate issued pursuant
Page 17, Line 13to subsection (2)(a) of this section must be credited as specified
Page 17, Line 14in section 24-36-406.
Page 17, Line 15(9) (a) The department shall provide, within thirty days
Page 17, Line 16after the close of the fiscal year, a data file to the department
Page 17, Line 17of revenue for each fiscal year in which it issues tax credit
Page 17, Line 18certificates pursuant to this part 5. The data file must include:
Page 17, Line 19(I) The name and federal employer identification number
Page 17, Line 20of each qualified taxpayer to which the department issued a tax
Page 17, Line 21credit certificate;
Page 17, Line 22(II) The total amount of the tax credit allocated to the
Page 17, Line 23qualified taxpayer; and
Page 17, Line 24(III) The serial number of the tax credit certificate issued
Page 17, Line 25to the qualified taxpayer.
Page 17, Line 26(b) The department shall maintain records of each tax
Page 17, Line 27credit certificate issued, transferred, or assumed that are
Page 17, Line 28sufficient to allow the department of revenue to verify the
Page 17, Line 29issuance and ownership of the credit. The department shall
Page 17, Line 30provide the records to the office of the state auditor upon
Page 17, Line 31request so that the state auditor can evaluate the
Page 17, Line 32effectiveness of the tax credits in accordance with sections
Page 17, Line 3324-36-501 (2)(b) and 39-21-305.
Page 17, Line 34(10) The department may pay an independent third party
Page 17, Line 35and any consultants reasonable and necessary administrative,
Page 17, Line 36monitoring, and closing costs using the proceeds from the sale
Page 17, Line 37of tax credits.
Page 17, Line 3824-36-504. Use of corporate income tax credits - carry over.
Page 17, Line 39(1) For a tax credit certificate issued in fiscal year 2025-26, the
Page 17, Line 40department, in consultation with the office of state planning
Page 17, Line 41and budgeting, prior to the sale, may determine the tax years in
Page 17, Line 42which the qualified taxpayer may claim the qualified taxpayer's
Page 17, Line 43tax credit against the qualified taxpayer's income tax liability.
Page 18, Line 1(2) For the tax year specified in the tax credit certificate
Page 18, Line 2issued pursuant to section 24-34-503 (6), the qualified taxpayer
Page 18, Line 3may claim the amount of the tax credit against the qualified
Page 18, Line 4taxpayer's income tax liability. If the amount of the tax credit
Page 18, Line 5exceeds the qualified taxpayer's actual tax liability for that
Page 18, Line 6tax year, the excess is not refunded to the qualified taxpayer.
Page 18, Line 7The qualified taxpayer may carry forward and apply the unused
Page 18, Line 8tax credit against the income tax liability for any succeeding
Page 18, Line 9tax year; except that the tax credit may not be carried forward
Page 18, Line 10to a tax year that begins after December 31, 2033. The taxpayer
Page 18, Line 11shall apply the carry forward credit against the income tax
Page 18, Line 12liability for the earliest of the income tax years possible. Any
Page 18, Line 13amount of the tax credit that is not used after this period is not
Page 18, Line 14refundable.
Page 18, Line 15(3) A qualified taxpayer claiming a credit under this part
Page 18, Line 165 shall submit the tax credit certificate with its tax return.
Page 18, Line 1724-36-505. Part contingent on condition - repeal of part -
Page 18, Line 18notice to the revisor. (1) This part 5 will take effect only if, by
Page 18, Line 19December 31, 2025, the United States congress does not enact
Page 18, Line 20and the president does not sign federal legislation that
Page 18, Line 21extends, recreates, or otherwise reinstates the enhanced
Page 18, Line 22premium tax credit for the 2026 plan year. The commissioner of
Page 18, Line 23insurance shall notify the revisor of statutes in writing if the
Page 18, Line 24condition specified in this subsection (1) has occurred by
Page 18, Line 25emailing the notice to revisorofstatutes.ga@coleg.gov. If the
Page 18, Line 26condition specified in this subsection (1) occurs, this part 5 takes
Page 18, Line 27effect on January 1, 2026.
Page 18, Line 28(2) This part 5 will be repealed if, on or before December
Page 18, Line 2931, 2025, the United States congress enacts and the president
Page 18, Line 30signs federal legislation that extends, recreates, or otherwise
Page 18, Line 31reinstates the enhanced premium tax credit for the 2026 plan
Page 18, Line 32year with at least the same eligibility and in the same amount as
Page 18, Line 33authorized by the amendments to the premium tax credit in the
Page 18, Line 34federal "American Rescue Plan Act of 2021", Pub.L. 117-2, and
Page 18, Line 35the federal "Inflation Reduction Act of 2022", Pub.L. 117-169, 136
Page 18, Line 36Stat. 1818 (2022). The commissioner of insurance shall notify the
Page 18, Line 37revisor of statutes in writing if the condition specified in this
Page 18, Line 38subsection (2) has occurred and of the date on which the
Page 18, Line 39condition occurred by emailing the notice to
Page 18, Line 40revisorofstatutes.ga@coleg.gov. This part 5 is repealed upon
Page 18, Line 41the date identified in the notice that the condition specified in
Page 18, Line 42this subsection (2) occurred or, if the notice does not specify
Page 18, Line 43that date, upon the date of the notice to the revisor of statutes.
Page 19, Line 1(3) This part 5 is repealed, effective December 31, 2040.
Page 19, Line 2SECTION 14. In Colorado Revised Statutes, 24-75-201.1,
Page 19, Line 3amend (1)(d)(XXII); repeal (1)(d)(XXIII); and add (1)(d)(XXIV),
Page 19, Line 4(1)(d)(XXV), (1)(d)(XXVI), and (1)(d)(XXVII) as follows:
Page 19, Line 524-75-201.1. Restriction on state appropriations - legislative
Page 19, Line 6declaration - definitions. (1) (d) For each fiscal year, unrestricted
Page 19, Line 7general fund year-end balances must be retained as a reserve in the
Page 19, Line 8following amounts:
Page 19, Line 9(XXII) For the fiscal year 2021-22, thirteen and four-tenths
Page 19, Line 10percent of the amount appropriated for expenditure from the general fund
Page 19, Line 11for that fiscal year; and
Page 19, Line 12(XXIII) (A) Except as otherwise provided in subsection
Page 19, Line 13(1)(d)(XXIII)(B) of this section, for the fiscal year 2022-23 and each
Page 19, Line 14fiscal year thereafter, fifteen percent of the amount appropriated for
Page 19, Line 15expenditure from the general fund for that fiscal year; except that, for the
Page 19, Line 162023-24 state fiscal year, the amount retained as a reserve must be fifteen
Page 19, Line 17percent of the amount appropriated for expenditure from the general fund
Page 19, Line 18for that fiscal year plus fifteen percent of the amount of the general fund
Page 19, Line 19appropriations reduced pursuant to section 24-75-226 (4)(a)(I); and for
Page 19, Line 20the 2024-25 state fiscal year, the amount retained as a reserve must be
Page 19, Line 21fifteen percent of the amount appropriated for expenditure from the
Page 19, Line 22general fund plus fifty-six million four hundred ninety-three thousand
Page 19, Line 23five hundred forty-three dollars.
Page 19, Line 24(B) For the fiscal year 2023-24 and each fiscal year thereafter
Page 19, Line 25until the escrow money is released as set forth in section 23-40-107, the
Page 19, Line 26amount of the reserve described in subsection (1)(d)(XXIII)(A) of this
Page 19, Line 27section for that fiscal year reduced by forty-one million two hundred fifty
Page 19, Line 28thousand dollars. As used in this subsection (1)(d)(XXIII)(B), "escrow
Page 19, Line 29money" has the same meaning as set forth in section 23-40-107 (2)(c).
Page 19, Line 30(XXIV) For the fiscal year 2022-23, fifteen percent of the
Page 19, Line 31amount appropriated for expenditure from the general fund for
Page 19, Line 32that fiscal year;
Page 19, Line 33(XXV) For the fiscal year 2023-24, fifteen percent of the
Page 19, Line 34amount appropriated for expenditure from the general fund for
Page 19, Line 35that fiscal year:
Page 19, Line 36(A) Plus fifteen percent of the amount of the general
Page 19, Line 37fund appropriations reduced pursuant to section 24-75-226
Page 19, Line 38(4)(a)(I); and
Page 19, Line 39(B) So long as the escrow money is not released as set
Page 19, Line 40forth in section 23-40-107, minus forty-one million two hundred
Page 19, Line 41fifty thousand dollars. As used in this subsection (1)(d)(XXV)(B),
Page 19, Line 42"escrow money" has the meaning set forth in section 23-40-107
Page 19, Line 43(2)(c).
Page 20, Line 1(XXVI) For the fiscal year 2024-25, fifteen percent of the
Page 20, Line 2amount appropriated for expenditure from the general fund for
Page 20, Line 3that fiscal year:
Page 20, Line 4(A) Plus fifty-six million four hundred ninety-three
Page 20, Line 5thousand five hundred forty-three dollars; and
Page 20, Line 6(B) So long as the escrow money is not released as set
Page 20, Line 7forth in section 23-40-107, minus forty-one million two hundred
Page 20, Line 8fifty thousand dollars. As used in this subsection
Page 20, Line 9(1)(d)(XXVI)(B), "escrow money" has the meaning set forth in
Page 20, Line 10section 23-40-107 (2)(c).
Page 20, Line 11(XXVII) For the fiscal year 2025-26, and each fiscal year
Page 20, Line 12thereafter, fifteen percent of the amount appropriated for
Page 20, Line 13expenditure from the general fund for that fiscal year minus:
Page 20, Line 14(A) The amount calculated by the state treasurer in
Page 20, Line 15accordance with section 10-16-1206 (1.5)(a)(II)(B); except that
Page 20, Line 16this subsection (1)(d)(XXVII)(A) takes effect on January 1, 2026,
Page 20, Line 17only if the condition specified in section 10-16-1209 (1) occurs;
Page 20, Line 18and
Page 20, Line 19(B) So long as the escrow money is not released as set
Page 20, Line 20forth in section 23-40-107, forty-one million two hundred fifty
Page 20, Line 21thousand dollars. As used in this subsection (1)(d)(XXVII)(B),
Page 20, Line 22"escrow money" has the meaning set forth in section 23-40-107
Page 20, Line 23(2)(c).
Page 20, Line 24SECTION 15. In Colorado Revised Statutes, 24-75-226.5, add
Page 20, Line 25(2)(c)(III) as follows:
Page 20, Line 2624-75-226.5. ARPA refinance state money cash fund - creation
Page 20, Line 27- reduction in general fund appropriations - legislative intent -
Page 20, Line 28definitions - repeal. (2) (c) (III) (A) Within three days after the
Page 20, Line 29effective date of this subsection (2)(c)(III), the state treasurer
Page 20, Line 30shall transfer ten million dollars from the refinance
Page 20, Line 31discretionary account to the health insurance affordability
Page 20, Line 32cash fund created in section 10-16-1206 (1).
Page 20, Line 33(B) This subsection (2)(c)(III) takes effect on January 1,
Page 20, Line 342026, only if the condition specified in section 10-16-1209 (1)
Page 20, Line 35occurs.
Page 20, Line 36SECTION 16. Effective date. (1) Except as otherwise provided
Page 20, Line 37in this section, this act takes effect upon passage.
Page 20, Line 38(2) Section 24-36-401 (2), Colorado Revised Statutes, as amended
Page 20, Line 39in section 6 of this act, section 24-36-402 (6), Colorado Revised Statutes,
Page 20, Line 40as amended in section 7 of this act, 24-36-403 (2)(a)(I) and (8), Colorado
Page 20, Line 41Revised Statutes, as amended in section 8 of this act, section 24-36-406,
Page 20, Line 42Colorado Revised Statutes, as amended in section 9 of this act, section
Page 20, Line 4324-36-501 (2), Colorado Revised Statutes, as amended in section 10 of
Page 21, Line 1this act, section 24-36-502 (6), Colorado Revised Statutes, as amended in
Page 21, Line 2section 11 of this act, and section 24-36-503 (2)(a) and (8), Colorado
Page 21, Line 3Revised Statutes, as amended in section 12 of this act, take effect only if
Page 21, Line 4House Bill 25B-1004 becomes law, in which case section 24-36-401 (2),
Page 21, Line 5Colorado Revised Statutes, as amended in section 6 of this act, section
Page 21, Line 624-36-402 (6), Colorado Revised Statutes, as amended in section 7 of this
Page 21, Line 7act, 24-36-403 (2)(a)(I) and (8), Colorado Revised Statutes, as amended
Page 21, Line 8in section 8 of this act, section 24-36-406, Colorado Revised Statutes, as
Page 21, Line 9amended in section 9 of this act, section 24-36-501 (2), Colorado Revised
Page 21, Line 10Statutes, as amended in section 10 of this act, section 24-36-502 (6),
Page 21, Line 11Colorado Revised Statutes, as amended in section 11 of this act, and
Page 21, Line 12section 24-36-503 (2)(a) and (8), Colorado Revised Statutes, as amended
Page 21, Line 13in section 12 of this act, take effect one day after the effective date of
Page 21, Line 14House Bill 25B-1004.
Page 21, Line 15(3) Parts 4 and 5 of article 36 of title 24, Colorado Revised
Page 21, Line 16Statutes, enacted in section 13 of this act, take effect only if House Bill
Page 21, Line 1725B-1004 does not become law, in which case parts 4 and 5 of article 36
Page 21, Line 18of title 24, Colorado Revised Statutes, enacted in section 13 of this act,
Page 21, Line 19take effect upon passage.".
Page 21, Line 20Renumber succeeding section accordingly.
Page 21, Line 21Strike "10-16-1203 (16), 10-16-1205 (2)(e), and 10-16-1206 (1.5)" and
Page 21, Line 22substitute "10-16-1205 (2)(e), 10-16-1206 (1.5), and 24-75-201.1
Page 21, Line 23(1)(d)(XXVII)(A)" on: Page 8, lines 17 and 18 and lines 26 and 27; and
Page 21, Line 24Page 9, lines 1 and 2 and line 15.