A Bill for an Act
Page 1, Line 101Concerning modifications to the Colorado health insurance
Page 1, Line 102affordability enterprise to address the affordability
Page 1, Line 103of health insurance in the individual market using
Page 1, Line 104nonappropriated funding sources, and, in connection
Page 1, Line 105therewith, making an appropriation.
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 makes the following changes to the "Health Insurance Affordability Act":
- If the federal enhanced premium tax credit is not extended on or before December 31, 2025, authorizes an interest-free loan from the unclaimed property trust fund to the health insurance affordability cash fund and allocates the loan proceeds:
- To the reinsurance program;
- To carriers to increase the affordability of health plans on the individual market for individuals who purchase individual health benefit plans on the Colorado health benefit exchange and receive the premium tax credit authorized under federal law (state-based insurance subsidies); and
- For other programs administered by the Colorado health insurance affordability enterprise (enterprise);
- Of the revenues collected by the enterprise before the effective date of the bill that had been allocated for state-based insurance subsidies, allows the enterprise to reallocate any unexpended amount to other programs the enterprise administers;
- Requires the health insurance affordability board (board) to prepare an annual report detailing certain financial information about the enterprise; and
- Directs the board to make recommendations to the commissioner of insurance regarding coverage and plan design of state-subsidized plans to maximize plan enrollment.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 10-16-1203, add (2.5) as follows:
Page 2, Line 310-16-1203. Definitions. As used in this part 12, unless the context otherwise requires:
Page 2, Line 4(2.5) "Enhanced premium tax credit" means the premium
Page 2, Line 5tax credit, as amended by the federal "American Rescue Plan
Page 2, Line 6Act of 2021", Pub.L. 117-2, and the federal "Inflation Reduction
Page 2, Line 7Act of 2022", Pub.L. 117-169, 136 Stat. 1818 (2022), which expanded
Page 2, Line 8eligibility for and the amount of the premium tax credit.
Page 3, Line 1SECTION 2. In Colorado Revised Statutes, 10-16-1205, amend (2)(d)(I) introductory portion; and add (2)(d)(IV) and (2)(e) as follows:
Page 3, Line 210-16-1205. Health insurance affordability fees - special
Page 3, Line 3assessment on hospitals - allocation of revenues. (2) (d) (I) Except as
Page 3, Line 4provided in subsections (2)(d)(IV) and (2)(e) of this section, the
Page 3, Line 5enterprise shall allocate the revenues collected in 2023 and each year
Page 3, Line 6thereafter, and any other money deposited in the fund in 2023 and each year thereafter, in the following amounts and order of priority:
Page 3, Line 7(IV) On or after the effective date of this subsection
Page 3, Line 8(2)(d)(IV), the enterprise shall reallocate any amount of
Page 3, Line 9revenues collected and allocated pursuant to subsection
Page 3, Line 10(2)(d)(I) of this section that have not been expended on or before
Page 3, Line 11the effective date of this subsection (2)(d)(IV), not to exceed
Page 3, Line 12twenty million dollars, for any other purpose specified in
Page 3, Line 13subsection (2)(d)(I) of this section except administrative costs described in subsection (2)(d)(I)(A) of this section.
Page 3, Line 14(e) (I) On or after the date on which the state treasurer
Page 3, Line 15credits money to the fund in accordance with section 10-16-1206
Page 3, Line 16(1.5)(a), except as provided in subsection (2)(e)(II) of this section,
Page 3, Line 17the enterprise shall allocate the money credited to the fund pursuant to section 10-16-1206 (1.5)(a) as follows:
Page 3, Line 18(A) Up to fifty million dollars to the reinsurance program cash fund; and
Page 3, Line 19(B) Up to fifty million dollars to carriers to reduce the
Page 3, Line 20costs of individual health plans for individuals who purchase an
Page 3, Line 21individual health benefit plan on the exchange and receive the premium tax credit.
Page 4, Line 1(II) The enterprise may allocate up to five million dollars
Page 4, Line 2of the money credited to the fund in accordance with section
Page 4, Line 310-16-1206 (1.5)(a) for any other purpose specified in subsection
Page 4, Line 4(2)(d)(I) of this section except administrative costs described in subsection (2)(d)(I)(A) of this section.
Page 4, Line 5(III) This subsection (2)(e) takes effect on January 1, 2026, only if the condition specified in section 10-16-1209 (1) occurs.
Page 4, Line 6SECTION 3. In Colorado Revised Statutes, 10-16-1206, amend(1)(g) and (1)(h); and add (1)(i) and (1.5) as follows:
Page 4, Line 7 10-16-1206. Health insurance affordability cash fund -
Page 4, Line 8creation. (1) There is created in the state treasury the health insurance affordability cash fund. The fund consists of:
Page 4, Line 9(g) The federal share of the medical assistance payments received pursuant to section 25.5-4-503 (2);
andPage 4, Line 10(h) Gifts, grants, or donations received from private or public sources; and
Page 4, Line 11(i) Any other money that may be appropriated or transferred to the fund.
Page 4, Line 12(1.5) (a) The fund also consists of one hundred million
Page 4, Line 13dollars from the following sources, which the enterprise shall allocate in accordance with section 10-16-1205 (2)(e):
Page 4, Line 14(I) Up to one hundred million dollars from tax credit sale proceeds credited to the fund pursuant to section 24-36-406; and
Page 4, Line 15(II) (A) If the total amount of tax credit sale proceeds
Page 4, Line 16available for deposit in the fund is less than one hundred
Page 4, Line 17million dollars, an amount determined and transferred, in
Page 5, Line 1accordance with subsection (1.5)(a)(II)(B) of this section, from the general fund to the fund;
Page 5, Line 2(B) The state treasurer shall determine the amount of
Page 5, Line 3the transfer from the general fund to the fund by calculating
Page 5, Line 4the difference between one hundred million dollars and the
Page 5, Line 5amount of tax credit sale proceeds credited to the fund
Page 5, Line 6pursuant to section 24-36-406 and, within ten days after making
Page 5, Line 7the determination, shall transfer that amount from the general fund to the fund.
Page 5, Line 8(b) This subsection (1.5) takes effect on January 1, 2026, only if the condition specified in section 10-16-1209 (1) occurs.
Page 5, Line 9SECTION 4. In Colorado Revised Statutes, 10-16-1207, amend (4)(c.5)(III); and add(4.5) and (7) as follows:
Page 5, Line 1010-16-1207. Health insurance affordability board - creation -
Page 5, Line 11membership - powers and duties - subject to open meetings and
Page 5, Line 12public records laws - annual report - commissioner rules. (4) The board is authorized to:
Page 5, Line 13(c.5) Further recommend, for approval and establishment by the
Page 5, Line 14commissioner by rule, additional parameters for implementing the
Page 5, Line 15subsidies for state-subsidized individual health coverage plans authorized
Page 5, Line 16by this part 12, including that the coverage required pursuant to state-subsidized individual health coverage plans must:
Page 5, Line 17(III) For a person who, at the time the person applies for
Page 5, Line 18state-subsidized coverage, meets the income requirements to qualify for
Page 5, Line 19emergency medical assistance pursuant to section 25.5-5-103 and who is
Page 5, Line 20a qualified individual who meets the eligibility criteria established in rule
Page 5, Line 21pursuant to subsection (4)(c)(IV) of this section, include coverage and plan design that:
Page 6, Line 1
(A) Has no premium;Page 6, Line 2
(B) (A)Has an actuarial value of not less than ninety-four percent Maximizes enrollment in the plan; andPage 6, Line 3
(C) (B) To the extent possible with available funding, includesPage 6, Line 4cost sharing
that is further reduced from subsection (4)(c.5)(III)(B) of thisPage 6, Line 5
section such that the plan has consumer cost-sharing responsibilities forPage 6, Line 6emergency services equivalent to cost-sharing responsibilities for emergency medical assistance pursuant to section 25.5-5-103;
Page 6, Line 7(4.5) Prior to making any final recommendation pursuant
Page 6, Line 8to subsection (4) of this section regarding plans, coverage, and
Page 6, Line 9the number of eligible slots, the board shall seek input and
Page 6, Line 10recommendations from individuals directly affected by
Page 6, Line 11programs funded by the enterprise and shall discuss any input
Page 6, Line 12and recommendations received at a board meeting held in
Page 6, Line 13accordance with subsection (6) of this section. The board shall
Page 6, Line 14provide opportunities for individuals to provide input and recommendations in English and Spanish.
Page 6, Line 15(7) (a) By February 15, 2026, and by every February 15 thereafter, the board shall prepare a report detailing:
Page 6, Line 16(I) The total revenue received by the enterprise in the previous calendar year;
Page 6, Line 17(II) The share of the total revenue that was received from federal funds;
Page 6, Line 18(III) The share of the total revenue that was received from the fee;
Page 6, Line 19(IV) If any additional amount of the total revenue was
Page 7, Line 1received from any sources other than the federal government
Page 7, Line 2or the fee, the specific source of those revenues and the specific amount of revenues for each source;
Page 7, Line 3(V) Each specific program that received funding from the enterprise;
Page 7, Line 4(VI) Of the total allocation for each program:
Page 7, Line 5(A) The share of the total allocation that was from federal funding; and
Page 7, Line 6(B) The share of the total allocation that was from state funding and the source of that state funding;
Page 7, Line 7(VII) For the reinsurance program, the amount of the actual allocation of state money to the reinsurance program;
Page 7, Line 8(VIII) If less than the maximum allowable allocation of
Page 7, Line 9state money in the fund was allocated to the reinsurance
Page 7, Line 10program, an explanation of why the reinsurance program was not fully funded;
Page 7, Line 11(IX) For any allocation that was made at the discretion
Page 7, Line 12of the board or commissioner and not defined expressly in
Page 7, Line 13statute, an explanation of the allocations, the amount of each
Page 7, Line 14allocation, the rationale for the amounts, and the goals intended to be achieved as a result of each allocation; and
Page 7, Line 15(X) The amount of surplus in the fund, if any, and an
Page 7, Line 16explanation of why the surplus was not allocated to enterprise programs.
Page 7, Line 17(b) By February 28, 2026, and by each February 28 thereafter:
Page 7, Line 18(I) The board shall submit the report to the house of
Page 8, Line 1representatives health and human services committee and the
Page 8, Line 2senate health and human services committee, or their successor committees, and the joint budget committee; and
Page 8, Line 3(II) The division shall post the report on the division's
Page 8, Line 4public-facing website in an easily accessible location and manner.
Page 8, Line 5(c) Notwithstanding the requirement in section 24-1-136
Page 8, Line 6(11)(a)(I), the requirement to submit the report specified in this subsection (7) continues indefinitely.
Page 8, Line 7SECTION 5. In Colorado Revised Statutes, add10-16-1209, 10-16-1210, and 10-16-1211 as follows:
Page 8, Line 810-16-1209. Repeal of certain provisions - notice to the revisor
Page 8, Line 9- repeal. (1) Sections 10-16-1205 (2)(e), 10-16-1206 (1.5), and
Page 8, Line 1024-75-201.1 (1)(d)(XXVII)(A) will take effect only if, by December
Page 8, Line 1131, 2025, the United States congress does not enact and the
Page 8, Line 12president does not sign federal legislation that extends,
Page 8, Line 13recreates, or otherwise reinstates the enhanced premium tax
Page 8, Line 14creditfor the 2026 plan year. The commissioner shall notify the
Page 8, Line 15revisor of statutes in writing if the condition specified in this
Page 8, Line 16subsection (1) has occurred by emailing the notice to
Page 8, Line 17revisorofstatutes.ga@coleg.gov. If the condition specified in
Page 8, Line 18this subsection (1) occurs, sections 10-16-1205 (2)(e), 10-16-1206
Page 8, Line 19(1.5), and 24-75-201.1 (1)(d)(XXVII)(A) take effect on January 1, 2026.
Page 8, Line 20(2) This section and sections 10-16-1205 (2)(e), 10-16-1206
Page 8, Line 21(1.5), and 24-75-201.1 (1)(d)(XXVII)(A) will be repealed if, on or
Page 8, Line 22before December 31, 2025, the United States congress enacts and
Page 9, Line 1the president signs federal legislation that extends, recreates,
Page 9, Line 2or otherwise reinstates the enhanced premium tax credit for the
Page 9, Line 32026 plan year with at least the same eligibility and in the same
Page 9, Line 4amount as authorized by the amendments to the premium tax
Page 9, Line 5credit in the federal "American Rescue Plan Act of 2021", Pub.L.
Page 9, Line 6117-2, and the federal "Inflation Reduction Act of 2022", Pub.L.
Page 9, Line 7117-169, 136 Stat. 1818 (2022). The commissioner shall notify the
Page 9, Line 8revisor of statutes in writing if the condition specified in this
Page 9, Line 9subsection (2) has occurred and of the date on which the
Page 9, Line 10condition occurred by emailing the notice to
Page 9, Line 11revisorofstatutes.ga@coleg.gov. This section and sections
Page 9, Line 1210-16-1205 (2)(e), 10-16-1206 (1.5), and 24-75-201.1 (1)(d)(XXVII)(A)
Page 9, Line 13are repealed upon the date identified in the notice that the
Page 9, Line 14condition specified in this subsection (2) occurred or, if the
Page 9, Line 15notice does not specify that date, upon the date of the notice to the revisor of statutes.
Page 9, Line 1610-16-1210. Regulatory agenda - division review of regulation
Page 9, Line 17- repeal. (1) (a) The division shall conduct a review of regulation
Page 9, Line 184-2-76, concerning the health insurance affordability fee
Page 9, Line 19assessment and collection process, codified in 3 CCR 702-4, in
Page 9, Line 20accordance with section 24-4-103.3. The department of
Page 9, Line 21regulatory agencies shall include the division's review of
Page 9, Line 22regulation 4-2-76 in its departmental regulatory agenda that
Page 9, Line 23the department submits to the staff of the legislative council in
Page 9, Line 24accordance with section 2-7-203 (4) by November 1, 2026. The
Page 9, Line 25health and human services committees of the house of
Page 9, Line 26representatives and the senate are the applicable committees of
Page 10, Line 1reference to which the staff of the legislative council shall distribute the review of regulation 4-2-76.
Page 10, Line 2(b) The division shall make a presentation of its review, as
Page 10, Line 3part of the departmental presentations to the committees in
Page 10, Line 4accordance with section 2-7-203, in the 2027 regular legislative session.
Page 10, Line 5(2) This section is repealed, effective July 1, 2027.
Page 10, Line 610-16-1211. Performance audit of the enterprise - repeal.
Page 10, Line 7(1) By December 31, 2027, the state auditor shall complete a
Page 10, Line 8performance audit of the enterprise. In conducting the audit, the state auditor shall:
Page 10, Line 9(a) Determine whether the enterprise and the board are in
Page 10, Line 10compliance with the purpose and responsibilities of the
Page 10, Line 11enterprise and the board as specified in sections 10-16-1202, 10-16-1204, 10-16-1205, and 10-16-1207;
Page 10, Line 12(b) Specify, for each year since the creation of the enterprise:
Page 10, Line 13(I) The annual revenue deposited in the fund from:
Page 10, Line 14(A) The fee collected from carriers pursuant to section 10-16-1205 (1)(a)(I);
Page 10, Line 15(B) The special assessments collected from hospitals pursuant to section 10-16-1205 (1)(a)(II);
Page 10, Line 16(C) Premium tax revenues deposited in the fund pursuant to section 10-3-209 (4)(a)(III) before its repeal on July 1, 2025;
Page 10, Line 17(D) Money allocated to the fund pursuant to section 10-16-1308;
Page 10, Line 18(E) The federal share of the medical assistance payments received pursuant to section 25.5-4-503 (2);
Page 11, Line 1(F) Any revenue collected from revenue bonds pursuant to section 10-16-1204 (1)(b)(II);
Page 11, Line 2(G) Interest and income derived from the deposit and investment of money in the fund; and
Page 11, Line 3(H) Any gifts, grants, or donations received from private or public sources;
Page 11, Line 4(II) The annual expenditures from the fund for the
Page 11, Line 5purposes specified in section 10-16-1205 (1)(b), indicating the
Page 11, Line 6amounts expended in each year for each of the following
Page 11, Line 7purposes and the amount of such expenditures that was paid
Page 11, Line 8from revenues described in subsections (1)(b)(I)(D) and (1)(b)(I)(E) of this section:
Page 11, Line 9(A) To provide funding for the reinsurance program;
Page 11, Line 10(B) To provide payments to carriers to increase the
Page 11, Line 11affordability of health insurance on the individual market for Coloradans who receive the premium tax credit;
Page 11, Line 12(C) To provide subsidies for state-subsidized individual health coverage plans purchased by qualified individuals;
Page 11, Line 13(D) To pay the enterprise's actual administrative costs to implement and administer this part 12; and
Page 11, Line 14(E) To pay the costs of consumer enrollment, outreach, and education activities regarding health-care coverage; and
Page 11, Line 15(III) The amount of revenues allocated or otherwise
Page 11, Line 16designated for a purpose specified in section 10-16-1205 (1)(b) that the enterprise did not encumber or expend;
Page 11, Line 17(c) With regard to the allocation of revenues to the reinsurance program:
Page 12, Line 1(I) Determine, for each year since the enterprise
Page 12, Line 2collected or received revenues, whether the enterprise
Page 12, Line 3allocated to the reinsurance program cash fund the maximum
Page 12, Line 4allowable amount of revenues as specified in section 10-16-1205 (2); and
Page 12, Line 5(II) For any year in which the enterprise did not allocate
Page 12, Line 6the maximum allowable amount of revenues to the reinsurance program, analyze:
Page 12, Line 7(A) The enterprise's and the division's rationale for not
Page 12, Line 8allocating the maximum allowable amount of revenues to the reinsurance program; and
Page 12, Line 9(B) The impact of that decision on the affordability relief
Page 12, Line 10provided to consumers in the individual market and the ability
Page 12, Line 11of the enterprise to fund other programs authorized in this part 12;
Page 12, Line 12(d) Determine whether the enterprise's current and
Page 12, Line 13projected revenues are sufficient for the enterprise to
Page 12, Line 14efficiently and effectively fulfill its duties and responsibilities as specified in this part 12; and
Page 12, Line 15(e) Determine the significance of federal funding on the
Page 12, Line 16ability of the enterprise to efficiently and effectively fulfill its duties and responsibilities as specified in this part 12.
Page 12, Line 17(2) Upon completion of the performance audit required by
Page 12, Line 18subsection (1) of this section, the state auditor shall submit a
Page 12, Line 19written report about the performance audit to the legislative
Page 12, Line 20audit committee and to the health and human services committees of the senate and the house of representatives.
Page 13, Line 1(3) This section is repealed, effective December 31, 2028.
Page 13, Line 2 SECTION 6. In Colorado Revised Statutes, 24-36-401 as added by House Bill 25B-1004, amend (2) as follows:
Page 13, Line 324-36-401. Legislative declaration - tax preference
Page 13, Line 4performance statement. (2) (a) In accordance with section 39-21-304
Page 13, Line 5(1), which requires each bill that creates a new tax expenditure to include
Page 13, Line 6a tax preference performance statement as part of a statutory legislative
Page 13, Line 7declaration, the general assembly further finds and declares that the
Page 13, Line 8general purposes of the tax credits provided for in this part 4 are to induce
Page 13, Line 9certain designated behavior by taxpayers and provide a reduction in
Page 13, Line 10insurance premium tax liability for certain businesses. Specifically, this
Page 13, Line 11tax expenditure is intended to induce insurance companies to purchase tax
Page 13, Line 12credits that will reduce their future insurance premium tax liability in
Page 13, Line 13order to generate money for the health insurance affordability cash fund created in section 10-16-1206 (1) and the general fund.
Page 13, Line 14(b) The general assembly and the state auditor shall measure the
Page 13, Line 15effectiveness of the tax credits in achieving the purposes specified in
Page 13, Line 16subsection (2)(a) of this section based on the number and value of the
Page 13, Line 17credits claimed and the total amount of
general fund money generatedPage 13, Line 18for the health insurance affordability cash fund and the
Page 13, Line 19general fund. The division of insurance shall provide the state auditor
Page 13, Line 20with information regarding the total amount of credits claimed and the
Page 13, Line 21
general fund amount of money generated for the health insurance affordability cash fund and the general fund.Page 13, Line 22SECTION 7. In Colorado Revised Statutes, 24-36-402 as added
Page 13, Line 23by House Bill 25B-1004, amend (6) as follows:
Page 14, Line 124-36-402. Definitions. As used in this part 4, unless the context otherwise requires:
Page 14, Line 2(6) "Tax credit sale proceeds" or "sale proceeds" means the money
Page 14, Line 3or other liquid asset acceptable to the state treasurer that a qualified
Page 14, Line 4taxpayer pays to the department that is deposited
in the tax credit salePage 14, Line 5
proceeds cash fund created in section 24-36-405 (1) as specified in section 24-36-406.Page 14, Line 6SECTION 8. In Colorado Revised Statutes, 24-36-403 as added by House Bill 25B-1004, amend (2)(a)(I) and (8) as follows:
Page 14, Line 724-36-403. Insurance premium tax credits - purchase -
Page 14, Line 8authorization to issue - terms - report. (2) (a) (I) (A) The department
Page 14, Line 9is authorized to issue tax credit certificates to qualified taxpayers pursuant
Page 14, Line 10to this part 4 and part 5 of this article 36 equal to the lesser of a total face
Page 14, Line 11value of up to one hundred twenty-five million dollars or total sales
Page 14, Line 12proceeds of up to one hundred million dollars, plus any reasonable and necessary administrative, monitoring, and closing costs.
Page 14, Line 13(B) In addition to the tax credit certificates authorized
Page 14, Line 14in subsection (2)(a)(I)(A) of this section, the department is
Page 14, Line 15authorized to issue tax credit certificates to qualified
Page 14, Line 16taxpayers pursuant to this part 4 and part 5 of this article 36
Page 14, Line 17equal to the lesser of a total face value of up to one hundred
Page 14, Line 18twenty-five million dollars or total sale proceeds of up to one
Page 14, Line 19hundred million dollars plus any reasonable and necessary
Page 14, Line 20administrative, monitoring, and closing costs. This subsection
Page 14, Line 21(2)(a)(I) takes effect on January 1, 2026, only if the condition specified in section 10-16-1209 (1) occurs.
Page 14, Line 22(8) The tax credit sale proceeds provided by a qualified taxpayer
Page 15, Line 1in return for a tax credit certificate must be deposited
in the tax credit salePage 15, Line 2
proceeds cash fund created in section 24-36-405 (1) as specified in section 24-36-406.Page 15, Line 3SECTION 9. In Colorado Revised Statutes, amend as added by House Bill 25B-1004 24-36-406 as follows:
Page 15, Line 424-36-406. Distribution of sale proceeds. (1) Except as
Page 15, Line 5provided in subsection (2) of this section, each month, the state
Page 15, Line 6treasurer shall credit the money generated by the sale proceeds pursuant
Page 15, Line 7to parts 4 and 5 of this article 36 to the tax credit sale proceeds cash fund.
Page 15, Line 8The department shall transfer the money to the general fund less any amounts used for the expenses described in section 24-36-405 (4).
Page 15, Line 9(2) (a) Each month, the state treasurer shall credit the
Page 15, Line 10money generated by the sale proceeds pursuant to parts 4 and 5 of this article 36 as follows:
Page 15, Line 11(I) An amount equal to the monthly expenses described in section 24-36-405 (4) to the tax credit sale proceeds cash fund;
Page 15, Line 12(II) The remainder to the health insurance affordability
Page 15, Line 13cash fund created in section 10-16-1206 (1); except that the
Page 15, Line 14amount credited to the health insurance affordability cash fund shall not exceed one hundred million dollars; and
Page 15, Line 15(III) After the amount specified in subsection (2)(a)(II) of
Page 15, Line 16this section has been credited to the health insurance
Page 15, Line 17affordability cash fund, then the remainder to the tax credit sale proceeds cash fund.
Page 15, Line 18(b) The department shall transfer the money in the tax
Page 15, Line 19credit sale proceeds cash fund, less any amounts used for the
Page 15, Line 20expenses described in section 24-36-405 (4), to the general fund.
Page 16, Line 1(c) (I) This subsection (2) will take effect only if, by
Page 16, Line 2December 31, 2025, the United States congress does not enact
Page 16, Line 3and the president does not sign federal legislation that
Page 16, Line 4extends, recreates, or otherwise reinstates the enhanced
Page 16, Line 5premium tax credit for the 2026 plan year. The commissioner of
Page 16, Line 6insurance shall notify the revisor of statutes in writing if the
Page 16, Line 7condition specified in this subsection (2)(c)(I) has occurred by
Page 16, Line 8emailing the notice to revisorofstatutes.ga@coleg.gov. If the
Page 16, Line 9condition specified in this subsection (2)(c)(I) occurs, this subsection (2) takes effect on January 1, 2026.
Page 16, Line 10(II) This subsection (2) will be repealed if, on or before
Page 16, Line 11December 31, 2025, the United States congress enacts and the
Page 16, Line 12president signs federal legislation that extends, recreates, or
Page 16, Line 13otherwise reinstates the enhanced premium tax credit for the
Page 16, Line 142026 plan year with at least the same eligibility and in the same
Page 16, Line 15amount as authorized by the amendments to the premium tax
Page 16, Line 16credit in the federal "American Rescue Plan Act of 2021", Pub.L.
Page 16, Line 17117-2, and the federal "Inflation Reduction Act of 2022", Pub.L.
Page 16, Line 18117-169, 136 Stat. 1818 (2022). The commissioner of insurance
Page 16, Line 19shall notify the revisor of statutes in writing if the condition
Page 16, Line 20specified in this subsection (2)(c)(II) has occurred and of the date
Page 16, Line 21on which the condition occurred by emailing the notice to
Page 16, Line 22revisorofstatutes.ga@coleg.gov. This subsection (2) is repealed
Page 16, Line 23upon the date identified in the notice that the condition specified
Page 16, Line 24in this subsection (2)(c)(II) occurred or, if the notice does not
Page 16, Line 25specify that date, upon the date of the notice to the revisor of
Page 16, Line 26statutes.
Page 17, Line 1SECTION 10. In Colorado Revised Statutes, 24-36-501 as added by House Bill 25B-1004, amend (2) as follows:
Page 17, Line 224-36-501. Legislative declaration - tax preference
Page 17, Line 3performance statement. (2) (a) In accordance with section 39-21-304
Page 17, Line 4(1), which requires each bill that creates a new tax expenditure to include
Page 17, Line 5a tax preference performance statement as part of a statutory legislative
Page 17, Line 6declaration, the general assembly further finds and declares that the
Page 17, Line 7general purposes of the tax credits provided for in this part 5 are to induce
Page 17, Line 8certain designated behavior by taxpayers and provide a reduction in
Page 17, Line 9income tax liability for certain businesses. Specifically, this tax
Page 17, Line 10expenditure is intended to induce C corporations to purchase tax credits
Page 17, Line 11that will reduce their future income tax liability in order to generate
Page 17, Line 12money for the health insurance affordability cash fund created in section 10-16-1206 (1) and the general fund.
Page 17, Line 13(b) The general assembly and the state auditor shall measure the
Page 17, Line 14effectiveness of the tax credits in achieving the purposes specified in
Page 17, Line 15subsection (2)(a) of this section based on the number and value of the
Page 17, Line 16credits claimed and the total amount of
general fund money generatedPage 17, Line 17for the health insurance affordability cash fund and the
Page 17, Line 18general fund. The department of revenue shall provide the state auditor
Page 17, Line 19with information regarding the total amount of credits claimed and the
Page 17, Line 20
general fund amount of money generated for the health insurance affordability cash fund and the general fund.Page 17, Line 21SECTION 11. In Colorado Revised Statutes, 24-36-502 as added by House Bill 25B-1004, amend (6) as follows:
Page 17, Line 2224-36-502. Definitions. As used in this part 5, unless the context
Page 17, Line 23otherwise requires:
Page 18, Line 1(6) "Tax credit sale proceeds" or "sale proceeds" means the money
Page 18, Line 2or other liquid asset acceptable to the state treasurer that a qualified
Page 18, Line 3taxpayer pays to the department that is deposited
in the tax credit salePage 18, Line 4
proceeds cash fund created in section 24-36-405 (1) as specified in section 24-36-406.Page 18, Line 5SECTION 12. In Colorado Revised Statutes, 24-36-503 as added by House Bill 25B-1004, amend (2)(a) and (8) as follows:
Page 18, Line 624-36-503. Corporate tax credits - purchase - authorization to
Page 18, Line 7issue - terms - report. (2) (a) (I) The department is authorized to issue
Page 18, Line 8tax credit certificates to qualified taxpayers pursuant to this part 5 and
Page 18, Line 9part 4 of this article 36 equal to the lesser of a total face value of up to
Page 18, Line 10one hundred twenty-five million dollars or total sales proceeds of up to
Page 18, Line 11one hundred million dollars, plus any reasonable and necessary administrative, monitoring, and closing costs.
Page 18, Line 12(II) (A) In addition to the tax credit certificates
Page 18, Line 13authorized in subsection (2)(a)(I) of this section, the department
Page 18, Line 14is authorized to issue tax credit certificates to qualified
Page 18, Line 15taxpayers pursuant to this part 5 and part 4 of this article 36
Page 18, Line 16equal to the lesser of a total face value of up to one hundred
Page 18, Line 17twenty-five million dollars or total sale proceeds of up to one
Page 18, Line 18hundred million dollars plus any reasonable and necessary administrative, monitoring, and closing costs.
Page 18, Line 19(B) This subsection (2)(a)(II) takes effect on January 1,
Page 18, Line 202026, only if the condition specified in section 10-16-1209 (1) occurs.
Page 18, Line 21(8) The tax credit sale proceeds provided by a qualified taxpayer
Page 18, Line 22in return for a tax credit certificate must be deposited
in the tax credit salePage 19, Line 1
proceeds cash fund created in section 24-36-405 (1) as specified in section 24-36-406.Page 19, Line 2SECTION 13. In Colorado Revised Statutes, add parts 4 and 5 to article 36 of title 24 as follows:
Page 19, Line 3PART 4
SALE OF INSURANCE PREMIUM TAX CREDITS
Page 19, Line 424-36-401. Legislative declaration - tax preference
Page 19, Line 5performance statement. (1) The general assembly finds and declares that:
Page 19, Line 6(a) The insurance premium tax credits authorized by this
Page 19, Line 7part 4 are not refundable and do not impose an obligation of payment in any future year on the state;
Page 19, Line 8(b) The use of proceeds from the sale of insurance premium
Page 19, Line 9tax credits does not require the state to borrow money, extend
Page 19, Line 10or pledge the state's credit, or obligate the state to make future payments from state revenue;
Page 19, Line 11(c) The sale and use of the tax credits shall not be deemed
Page 19, Line 12or construed as creating indebtedness or any other financial
Page 19, Line 13obligation whatsoever within the meaning of any provision of
Page 19, Line 14the state constitution or the laws of the state concerning or
Page 19, Line 15limiting the creation of indebtedness or other financial obligation by the state;
Page 19, Line 16(d) The tax credits allow an insurance company with an
Page 19, Line 17insurance premium tax liability to prepay its tax liability for
Page 19, Line 18future years, which does not constitute a tax policy change under section 20 (4)(a) of article X of the state constitution; and
Page 19, Line 19(e) Any proceeds from the sale of the tax credits will be
Page 20, Line 1offset by decreases in future revenue resulting from the buyer's
Page 20, Line 2use of the tax credits and therefore will not cause a net tax
Page 20, Line 3revenue gain under section 20 (4)(a) of article X of the state constitution.
Page 20, Line 4(2) (a) In accordance with section 39-21-304 (1), which
Page 20, Line 5requires each bill that creates a new tax expenditure to include
Page 20, Line 6a tax preference performance statement as part of a statutory
Page 20, Line 7legislative declaration, the general assembly further finds and
Page 20, Line 8declares that the general purposes of the tax credits provided
Page 20, Line 9for in this part 4 are to induce certain designated behavior by
Page 20, Line 10taxpayers and provide a reduction in insurance premium tax
Page 20, Line 11liability for certain businesses. Specifically, this tax
Page 20, Line 12expenditure is intended to induce insurance companies to
Page 20, Line 13purchase tax credits that will reduce their future insurance
Page 20, Line 14premium tax liability in order to generate money for the health insurance affordability cash fund.
Page 20, Line 15(b) The general assembly and the state auditor shall
Page 20, Line 16measure the effectiveness of the tax credits in achieving the
Page 20, Line 17purposes specified in subsection (2)(a) of this section based on the
Page 20, Line 18number and value of the credits claimed and the total amount
Page 20, Line 19of money generated and allocated to the health insurance
Page 20, Line 20affordability cash fund. The division of insurance shall provide
Page 20, Line 21the state auditor with information regarding the total amount
Page 20, Line 22of credits claimed and the money allocated to the health insurance affordability cash fund.
Page 20, Line 2324-36-402. Definitions.As used in this part 4, unless the
Page 20, Line 24context otherwise requires:
(1) "Department" means the department of the treasury.
Page 21, Line 1(2) "Division of insurance" means the division of insurance
Page 21, Line 2in the department of regulatory agencies created in section 10-1-103.
Page 21, Line 3(3) "Health insurance affordability cash fund" means the
Page 21, Line 4health insurance affordability cash fund created in section 10-16-1206 (1).
Page 21, Line 5(4) "Premium tax liability" means the liability imposed by
Page 21, Line 6section 10-3-209 or 10-6-128, or, in the case of a repeal or
Page 21, Line 7reduction by the state of the liability imposed by section
Page 21, Line 810-3-209 or 10-6-128, any other tax liability imposed upon an insurance company by the state.
Page 21, Line 9(5) "Qualified taxpayer" means an insurance company
Page 21, Line 10authorized to do business in Colorado that has premium tax
Page 21, Line 11liability owing to the state and that purchases a tax credit
Page 21, Line 12under this part 4. "Qualified taxpayer" also includes an
Page 21, Line 13insurance company that receives or assumes a tax credit
Page 21, Line 14transferred in accordance with section 24-36-403 (7)(e) or 24-36-404 (5).
Page 21, Line 15(6) "Tax credit" means the tax credit created in section 24-36-403.
Page 21, Line 16(7) "Tax credit sale proceeds" or "sale proceeds" means
Page 21, Line 17the money or other liquid asset acceptable to the state
Page 21, Line 18treasurer that a qualified taxpayer pays to the department that is deposited as specified in section 24-36-406.
Page 21, Line 1924-36-403. Insurance premium tax credits - purchase -
Page 21, Line 20authorization to issue - terms - report. (1) A qualified taxpayer
Page 22, Line 1may purchase insurance premium tax credits from the
Page 22, Line 2department in accordance with this section and may apply the
Page 22, Line 3tax credits against its premium tax liability in accordance with section 24-36-404.
Page 22, Line 4(2) (a) The department is authorized to issue tax credit
Page 22, Line 5certificates to qualified taxpayers pursuant to this part 4 and
Page 22, Line 6part 5 of this article 36 equal to the lesser of a total face value
Page 22, Line 7of up to one hundred twenty-five million dollars or total sale
Page 22, Line 8proceeds of up to one hundred million dollars plus any
Page 22, Line 9reasonable and necessary administrative, monitoring, and closing costs.
Page 22, Line 10(b) The department may contract with an independent
Page 22, Line 11third party to conduct or consult on a bidding process among qualified taxpayers to purchase the tax credits.
Page 22, Line 12(c) The department shall consult with insurance
Page 22, Line 13companies in advance of issuing any tax credits in accordance with this section.
Page 22, Line 14(3) An insurance company authorized to do business in
Page 22, Line 15Colorado seeking to purchase tax credits must apply to the department in the manner prescribed by the department.
Page 22, Line 16(4) Using procedures adopted by the department or, if
Page 22, Line 17applicable, by an independent third party, each insurance
Page 22, Line 18company that submits an application shall make a timely and
Page 22, Line 19irrevocable offer, contingent only on the department's issuance
Page 22, Line 20to the insurance company of the tax credit certificates, to make
Page 22, Line 21a specified purchase payment amount to the department on dates
Page 22, Line 22specified by the department, which must not burden any single tax year. The offer must include:
Page 23, Line 1(a) The requested amount of tax credits, which must not
Page 23, Line 2be less than any minimum amount established in procedures by the department or, if applicable, the independent third party;
Page 23, Line 3(b) The qualified taxpayer's proposed tax credit purchase
Page 23, Line 4amount for each tax credit dollar requested. The minimum
Page 23, Line 5proposed tax credit purchase amount must be the greater of either:
Page 23, Line 6(I) The percentage of the requested dollar amount of tax
Page 23, Line 7credits that the department and, if applicable, the independent
Page 23, Line 8third party determines to be consistent with market conditions as of the offer date; or
Page 23, Line 9(II) Eighty percent of the requested dollar amount of tax credits; and
Page 23, Line 10(c) Any other information the department or, if applicable, the independent third party requires.
Page 23, Line 11(5) The department shall provide written notice to each
Page 23, Line 12insurance company that submits an application indicating
Page 23, Line 13whether the insurance company has been approved as a
Page 23, Line 14purchaser of tax credits and, if so, the amount of tax credits
Page 23, Line 15allocated and the date by which payment of the tax credit sale proceeds must be made.
Page 23, Line 16(6) On receipt of payment of the sale proceeds, the
Page 23, Line 17department shall issue to each qualified taxpayer a tax credit certificate. The tax credit certificate must state:
Page 23, Line 18(a) The total amount of premium tax credits that the
Page 23, Line 19qualified taxpayer may claim;
Page 24, Line 1(b) The amount that the qualified taxpayer has paid or
Page 24, Line 2agreed to pay in return for the issuance of the tax credit certificates and the date of the payment;
Page 24, Line 3(c) The dates on which the tax credits will be available for use by the qualified taxpayer;
Page 24, Line 4(d) Any penalties or other remedies for noncompliance;
Page 24, Line 5(e) The procedures to be used for transferring or
Page 24, Line 6assuming the tax credits in accordance with subsection (7)(e) of this section or section 24-36-404 (5);
Page 24, Line 7(f) The serial number of the tax credit certificate; and
Page 24, Line 8(g) Any other requirements deemed necessary by the department as a condition of issuing the tax credit certificate.
Page 24, Line 9(7) (a) The department shall not issue a tax credit
Page 24, Line 10certificate to any qualified taxpayer that fails to provide the
Page 24, Line 11tax credit sale proceeds within the time the department specifies.
Page 24, Line 12(b) A qualified taxpayer that fails to provide the tax
Page 24, Line 13credit sale proceeds within the time the department specifies is
Page 24, Line 14subject to a penalty equal to ten percent of the amount of the
Page 24, Line 15purchase price that remains unpaid. The penalty must be paid to the department within thirty days after demand.
Page 24, Line 16(c) The department may offer to reallocate the defaulted
Page 24, Line 17tax credits among other qualified taxpayers, so that the result
Page 24, Line 18after reallocation is the same as if the initial allocation had
Page 24, Line 19been performed without considering the tax credit allocation to the defaulting qualified taxpayer.
Page 24, Line 20(d) If the reallocation of tax credits under subsection
Page 25, Line 1(7)(c) of this section results in the payment by another qualified
Page 25, Line 2taxpayer of the amount of tax credit sale proceeds not paid by
Page 25, Line 3the defaulting qualified taxpayer, the department may waive the penalty imposed under subsection (7)(b) of this section.
Page 25, Line 4(e) A qualified taxpayer that fails to pay the tax credit
Page 25, Line 5sale proceeds within the time specified may avoid the imposition
Page 25, Line 6of the penalty by transferring the allocation of tax credits to
Page 25, Line 7a new or existing qualified taxpayer within thirty days after the
Page 25, Line 8due date of the defaulted installment. Any transferee of an
Page 25, Line 9allocation of tax credits of a defaulting qualified taxpayer
Page 25, Line 10under this subsection (7) shall agree to pay the tax credit sale proceeds within five days after the date of the transfer.
Page 25, Line 11(8) The tax credit sale proceeds provided by a qualified
Page 25, Line 12taxpayer in return for a tax credit certificate issued pursuant
Page 25, Line 13to subsection (2)(a) of this section must be deposited as specified in section 24-36-406.
Page 25, Line 14(9) (a) The department shall provide, within thirty days
Page 25, Line 15after the close of the fiscal year, a data file to the division of
Page 25, Line 16insurance and the department of revenue for each fiscal year in
Page 25, Line 17which it issues tax credit certificates pursuant to this part 4. The data file must include:
Page 25, Line 18(I) The name and identifying number issued by the
Page 25, Line 19National Association of Insurance Commissioners, or any
Page 25, Line 20successor organization, of each qualified taxpayer to which the department issued a tax credit certificate;
Page 25, Line 21(II) The total amount of the tax credit allocated to the
Page 25, Line 22qualified taxpayer; and
Page 26, Line 1(III) The serial number of the tax credit certificate issued to the qualified taxpayer.
Page 26, Line 2(b) The department shall maintain records of each tax
Page 26, Line 3credit certificate issued, transferred, or assumed that are
Page 26, Line 4sufficient to allow the department of revenue or the division of
Page 26, Line 5insurance to verify the issuance and ownership of the credit. The
Page 26, Line 6department shall provide the records to the office of the state
Page 26, Line 7auditor upon request so that the state auditor can evaluate the
Page 26, Line 8effectiveness of the tax credits in accordance with sections 24-36-401 (2)(b) and 39-21-305.
Page 26, Line 9(10) The department may pay an independent third party
Page 26, Line 10and any consultants reasonable and necessary administrative,
Page 26, Line 11monitoring, and closing costs using the proceeds from the sale of tax credits.
Page 26, Line 1224-36-404. Use of insurance premium tax credits - carry over.
Page 26, Line 13(1) For a tax credit certificate issued in fiscal year 2025-26, the
Page 26, Line 14department, in consultation with the office of state planning
Page 26, Line 15and budgeting, prior to the sale, shall determine the calendar
Page 26, Line 16years in which the qualified taxpayer may claim the qualified
Page 26, Line 17taxpayer's tax credit against the qualified taxpayer's premium tax liability.
Page 26, Line 18(2) The total credit to be applied by a qualified taxpayer
Page 26, Line 19in any one year must not exceed the premium tax liability of the
Page 26, Line 20qualified taxpayer for the taxable year. If the qualified
Page 26, Line 21taxpayer cannot use the entire amount of the tax credit for the
Page 26, Line 22taxable year in which the taxpayer is eligible for the credit, the
Page 26, Line 23excess may be carried over to succeeding taxable years and
Page 27, Line 1used as a credit against the premium tax liability of the
Page 27, Line 2taxpayer for those taxable years; except that the credit may
Page 27, Line 3not be carried over to any taxable year that begins after
Page 27, Line 4December 31, 2033. Any amount of the credit that is not timely claimed expires and is not refundable.
Page 27, Line 5(3) A qualified taxpayer claiming a credit under this part 4 shall submit the tax credit certificate with its tax return.
Page 27, Line 6(4) A qualified taxpayer claiming a tax credit under this
Page 27, Line 7part 4 shall not be required to pay any additional or retaliatory tax as a result of claiming the credit.
Page 27, Line 8(5) If a qualified taxpayer holding an unclaimed tax
Page 27, Line 9credit is part of a merger, acquisition, or line of business
Page 27, Line 10divestiture transaction, the tax credit may be transferred to
Page 27, Line 11and assumed by the resulting entity if the resulting entity is an
Page 27, Line 12insurance company authorized to do business in Colorado that
Page 27, Line 13has premium tax liability. The qualified taxpayer that
Page 27, Line 14originally purchased the credit and the resulting entity shall
Page 27, Line 15notify the department in writing of the transfer or assumption
Page 27, Line 16of the credit in accordance with procedures adopted by the
Page 27, Line 17department. The transfer or assumption of the tax credit does
Page 27, Line 18not affect the time schedule for claiming the tax credit as provided in this section.
Page 27, Line 19(6) The department shall provide a report to the division
Page 27, Line 20of insurance for each fiscal year in which it issues tax credit
Page 27, Line 21certificates pursuant to this part 4 within thirty days after the close of the fiscal year. The report must include:
Page 27, Line 22(a) The name and identifying number issued by the
Page 28, Line 1National Association of Insurance Commissioners, or any
Page 28, Line 2successor organization, of each qualified taxpayer to which the department issued a tax credit certificate;
Page 28, Line 3(b) The total amount of the tax credit allocated to the qualified taxpayer; and
Page 28, Line 4(c) The serial number of the tax credit certificate issued,
Page 28, Line 5transferred, or assumed that is sufficient to allow the division
Page 28, Line 6of insurance to verify the issuance and ownership of the tax credit.
Page 28, Line 724-36-405. Tax credit sale proceeds cash fund - creation.
Page 28, Line 8(1) The tax credit sale proceeds cash fund is created in the state
Page 28, Line 9treasury. The fund consists of money generated by sale
Page 28, Line 10proceeds credited to the fund pursuant to section 24-36-406 and
Page 28, Line 11any other money that the general assembly may appropriate or transfer to the fund.
Page 28, Line 12(2) The state treasurer shall credit all interest and
Page 28, Line 13income derived from the deposit and investment of money in the tax credit sale proceeds cash fund to the fund.
Page 28, Line 14(3) The state treasurer shall transfer any unexpended
Page 28, Line 15and unencumbered money remaining in the tax credit sale
Page 28, Line 16proceeds cash fund at the end of a fiscal year to the general fund.
Page 28, Line 17(4) (a) Subject to annual appropriation by the general
Page 28, Line 18assembly, the department may expend money from the fund for
Page 28, Line 19any reasonable and necessary administrative, monitoring, and
Page 28, Line 20closing costs associated with implementing and administering
Page 28, Line 21parts 4 and 5 of this article 36.
Page 29, Line 1(b) Subject to annual appropriation by the general
Page 29, Line 2assembly, the department of revenue may expend money from the
Page 29, Line 3fund for direct and indirect costs associated with implementing and administering parts 4 and 5 of this article 36.
Page 29, Line 424-36-406. Distribution of sale proceeds. (1) Each month, the
Page 29, Line 5state treasurer shall credit the money generated by the sale proceeds pursuant to parts 4 and 5 of this article 36 as follows:
Page 29, Line 6(a) An amount equal to the monthly expenses described in section 24-36-405 (4) to the tax credit sale proceeds cash fund;
Page 29, Line 7(b) The remainder to the health insurance affordability
Page 29, Line 8cash fund; except that the amount credited to the health
Page 29, Line 9insurance affordability cash fund shall not exceed one hundred million dollars; and
Page 29, Line 10(c) After the amount specified in subsection (1)(b) of this
Page 29, Line 11section has been credited to the health insurance affordability
Page 29, Line 12cash fund, then the remainder to the tax credit sale proceeds cash fund.
Page 29, Line 13(2) The department shall transfer the money in the tax
Page 29, Line 14credit sale proceeds cash fund, less any amounts used for the expenses described in section 24-36-405 (4), to the general fund.
Page 29, Line 1524-36-407. Part contingent on condition - repeal of part -
Page 29, Line 16notice to the revisor. (1) This part 4 will take effect only if, by
Page 29, Line 17December 31, 2025, the United States congress does not enact
Page 29, Line 18and the president does not sign federal legislation that
Page 29, Line 19extends, recreates, or otherwise reinstates the enhanced
Page 29, Line 20premium tax credit for the 2026 plan year. The commissioner of
Page 29, Line 21insurance shall notify the revisor of statutes in writing if the
Page 30, Line 1condition specified in this subsection (1) has occurred by
Page 30, Line 2emailing the notice to revisorofstatutes.ga@coleg.gov. If the
Page 30, Line 3condition specified in this subsection (1) occurs, this part 4 takes effect on January 1, 2026.
Page 30, Line 4(2) This part 4 will be repealed if, on or before December
Page 30, Line 531, 2025, the United States congress enacts and the president
Page 30, Line 6signs federal legislation that extends, recreates, or otherwise
Page 30, Line 7reinstates the enhanced premium tax credit for the 2026 plan
Page 30, Line 8year with at least the same eligibility and in the same amount as
Page 30, Line 9authorized by the amendments to the premium tax credit in the
Page 30, Line 10federal "American Rescue Plan Act of 2021", Pub.L. 117-2, and
Page 30, Line 11the federal "Inflation Reduction Act of 2022", Pub.L. 117-169, 136
Page 30, Line 12Stat. 1818 (2022). The commissioner of insurance shall notify the
Page 30, Line 13revisor of statutes in writing if the condition specified in this
Page 30, Line 14subsection (2) has occurred and of the date on which the
Page 30, Line 15condition occurred by emailing the notice to
Page 30, Line 16revisorofstatutes.ga@coleg.gov. This part 4 is repealed upon
Page 30, Line 17the date identified in the notice that the condition specified in
Page 30, Line 18this subsection (2) occurred or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
Page 30, Line 19(3) This part 4 is repealed, effective December 31, 2040.
PART 5
Page 30, Line 20SALE OF CORPORATE TAX CREDITS
Page 30, Line 2124-36-501. Legislative declaration - tax preference
Page 30, Line 22performance statement. (1) The general assembly finds and declares that:
Page 30, Line 23(a) The corporate tax credits authorized by this part 5 are
Page 31, Line 1not refundable and do not impose an obligation of payment in any future year on the state;
Page 31, Line 2(b) The use of proceeds from the sale of corporate tax
Page 31, Line 3credits does not require the state to borrow money, extend or
Page 31, Line 4pledge the state's credit, or obligate the state to make future payments from state revenue;
Page 31, Line 5(c) The sale and use of the corporate tax credits shall
Page 31, Line 6not be deemed or construed as creating indebtedness or any
Page 31, Line 7other financial obligation whatsoever within the meaning of
Page 31, Line 8any provision of the state constitution or the laws of the state
Page 31, Line 9concerning or limiting the creation of indebtedness or other financial obligation by the state;
Page 31, Line 10(d) The tax credits allow a corporation with an income
Page 31, Line 11tax liability to prepay its tax liability for future years, which
Page 31, Line 12does not constitute a tax policy change under section 20 (4)(a) of article X of the state constitution; and
Page 31, Line 13(e) Any proceeds from the sale of the tax credits will be
Page 31, Line 14offset by decreases in future revenue resulting from the buyer's
Page 31, Line 15use of the tax credits and therefore will not cause a net tax
Page 31, Line 16revenue gain under section 20 (4)(a) of article X of the state constitution.
Page 31, Line 17(2) (a) In accordance with section 39-21-304 (1), which
Page 31, Line 18requires each bill that creates a new tax expenditure to include
Page 31, Line 19a tax preference performance statement as part of a statutory
Page 31, Line 20legislative declaration, the general assembly further finds and
Page 31, Line 21declares that the general purposes of the tax credits provided
Page 31, Line 22for in this part 5 are to induce certain designated behavior by
Page 32, Line 1taxpayers and provide a reduction in income tax liability for
Page 32, Line 2certain businesses. Specifically, this tax expenditure is intended
Page 32, Line 3to induce C corporations to purchase tax credits that will
Page 32, Line 4reduce their future income tax liability in order to generate money for the health insurance affordability cash fund.
Page 32, Line 5(b) The general assembly and the state auditor shall
Page 32, Line 6measure the effectiveness of the tax credits in achieving the
Page 32, Line 7purposes specified in subsection (2)(a) of this section based on the
Page 32, Line 8number and value of the credits claimed and the total amount
Page 32, Line 9of money generated and allocated to the health insurance
Page 32, Line 10affordability cash fund. The department of revenue shall
Page 32, Line 11provide the state auditor with information regarding the total
Page 32, Line 12amount of credits claimed and the money allocated to the health insurance affordability cash fund.
Page 32, Line 1324-36-502. Definitions.As used in this part 5, unless the context otherwise requires:
Page 32, Line 14(1) "C corporation" has the same meaning as in section 39-22-103 (2.5).
Page 32, Line 15(2) "Department" means the department of the treasury.
Page 32, Line 16(3) "Health insurance affordability cash fund" means the
Page 32, Line 17health insurance affordability cash fund created in section 10-16-1206 (1).
Page 32, Line 18(4) "Income tax liability" means the liability imposed by section 39-22-301.
Page 32, Line 19(5) "Qualified taxpayer" means a C corporation
Page 32, Line 20authorized to do business in Colorado that has or will have an
Page 32, Line 21income tax liability owing to the state. "Qualified taxpayer"
Page 33, Line 1also includes a C corporation that receives or assumes a tax credit transferred in accordance with section 26-36-503 (7)(e).
Page 33, Line 2(6) "Tax credit" means the tax credit created in section 24-36-503.
Page 33, Line 3(7) "Tax credit sale proceeds" or "sale proceeds" means
Page 33, Line 4the money or other liquid asset acceptable to the state
Page 33, Line 5treasurer that a qualified taxpayer pays to the department that is credited as specified in section 24-36-406.
Page 33, Line 624-36-503. Corporate tax credits - purchase - authorization to
Page 33, Line 7issue - terms - report. (1) A qualified taxpayer may purchase
Page 33, Line 8income tax credits from the department in accordance with this
Page 33, Line 9section and may apply the tax credits against its income tax liability in accordance with section 24-36-504.
Page 33, Line 10(2) (a) The department is authorized to issue tax credit
Page 33, Line 11certificates to qualified taxpayers pursuant to this part 5 and
Page 33, Line 12part 4 of this article 36 equal to the lesser of a total face value
Page 33, Line 13of up to one hundred twenty-five million dollars or total sales
Page 33, Line 14proceeds of up to one hundred million dollars plus any
Page 33, Line 15reasonable and necessary administrative, monitoring, and closing costs.
Page 33, Line 16(b) The department may contract with an independent
Page 33, Line 17third party to conduct or consult on a bidding process among qualified taxpayers to purchase the tax credits.
Page 33, Line 18(c) The department shall consult with C corporations in
Page 33, Line 19advance of issuing any tax credits in accordance with this section.
Page 33, Line 20(3) A C corporation authorized to do business in Colorado
Page 34, Line 1seeking to purchase tax credits must apply to the department in the manner prescribed by the department.
Page 34, Line 2(4) Using procedures adopted by the department or, if
Page 34, Line 3applicable, by an independent third party, each C corporation
Page 34, Line 4that submits an application shall make a timely and irrevocable
Page 34, Line 5offer, contingent only on the department's issuance to the C
Page 34, Line 6corporation of the tax credit certificates, to make a specified
Page 34, Line 7purchase payment amount to the department on dates specified
Page 34, Line 8by the department, which must not burden any single tax year. The offer must include:
Page 34, Line 9(a) The requested amount of tax credits, which must not
Page 34, Line 10be less than any minimum amount established in procedures by the department or, if applicable, the independent third party;
Page 34, Line 11(b) The qualified taxpayer's proposed tax credit purchase
Page 34, Line 12amount for each tax credit dollar requested. The minimum
Page 34, Line 13proposed tax credit purchase amount must be the greater of either:
Page 34, Line 14(I) The percentage of the requested dollar amount of tax
Page 34, Line 15credits that the department and, if applicable, the independent
Page 34, Line 16third party determines to be consistent with market conditions as of the offer date; or
Page 34, Line 17(II) Eighty percent of the requested dollar amount of tax credits; and
Page 34, Line 18(c) Any other information the department or, if applicable, the independent third party requires.
Page 34, Line 19(5) The department shall provide written notice to each
Page 34, Line 20C corporation that submits an application indicating whether
Page 35, Line 1the C corporation has been approved as a purchaser of tax
Page 35, Line 2credits and, if so, the amount of tax credits allocated and the
Page 35, Line 3date by which payment of the tax credit sale proceeds must be made.
Page 35, Line 4(6) On receipt of payment of the sale proceeds, the
Page 35, Line 5department shall issue to each qualified taxpayer a tax credit certificate. The tax credit certificate must state:
Page 35, Line 6(a) The total amount of income tax credits that the qualified taxpayer may claim;
Page 35, Line 7(b) The amount that the qualified taxpayer has paid for
Page 35, Line 8the issuance of the tax credit certificates and the date of the payment;
Page 35, Line 9(c) The dates on which the tax credits will be available for use by the qualified taxpayer;
Page 35, Line 10(d) Any penalties or other remedies for noncompliance;
Page 35, Line 11(e) The procedures to be used for transferring or
Page 35, Line 12assuming the tax credits in accordance with subsection (7)(e) of this section;
Page 35, Line 13(f) The serial number of the tax credit certificate; and
Page 35, Line 14(g) Any other requirements deemed necessary by the department as a condition of issuing the tax credit certificate.
Page 35, Line 15(7) (a) The department shall not issue a tax credit
Page 35, Line 16certificate to any qualified taxpayer that fails to provide the
Page 35, Line 17tax credit sale proceeds within the time the department specifies.
Page 35, Line 18(b) A qualified taxpayer that fails to provide the tax
Page 35, Line 19credit sale proceeds within the time the department specifies is
Page 36, Line 1subject to a penalty equal to ten percent of the amount of the
Page 36, Line 2purchase price that remains unpaid. The penalty must be paid to the department within thirty days after demand.
Page 36, Line 3(c) The department may offer to reallocate the defaulted
Page 36, Line 4tax credits among other qualified taxpayers so that the result
Page 36, Line 5after reallocation is the same as if the initial allocation had
Page 36, Line 6been performed without considering the tax credit allocation to the defaulting qualified taxpayer.
Page 36, Line 7(d) If the reallocation of tax credits under subsection
Page 36, Line 8(7)(c) of this section results in the payment by another qualified
Page 36, Line 9taxpayer of the amount of tax credit sale proceeds not paid by
Page 36, Line 10the defaulting qualified taxpayer, the department may waive the penalty imposed under subsection (7)(b) of this section.
Page 36, Line 11(e) A qualified taxpayer that fails to pay the tax credit
Page 36, Line 12sale proceeds within the time specified may avoid the imposition
Page 36, Line 13of the penalty by transferring the allocation of tax credits to
Page 36, Line 14a new or existing qualified taxpayer within thirty days after the
Page 36, Line 15due date of the defaulted installment. Any transferee of an
Page 36, Line 16allocation of tax credits of a defaulting qualified taxpayer
Page 36, Line 17under this subsection (7) shall agree to pay the tax credit sale proceeds within five days after the date of the transfer.
Page 36, Line 18(8) The tax credit sale proceeds provided by a qualified
Page 36, Line 19taxpayer in return for a tax credit certificate issued pursuant
Page 36, Line 20to subsection (2)(a) of this section must be credited as specified in section 24-36-406.
Page 36, Line 21(9) (a) The department shall provide, within thirty days
Page 36, Line 22after the close of the fiscal year, a data file to the department
Page 37, Line 1of revenue for each fiscal year in which it issues tax credit certificates pursuant to this part 5. The data file must include:
Page 37, Line 2(I) The name and federal employer identification number
Page 37, Line 3of each qualified taxpayer to which the department issued a tax credit certificate;
Page 37, Line 4(II) The total amount of the tax credit allocated to the qualified taxpayer; and
Page 37, Line 5(III) The serial number of the tax credit certificate issued to the qualified taxpayer.
Page 37, Line 6(b) The department shall maintain records of each tax
Page 37, Line 7credit certificate issued, transferred, or assumed that are
Page 37, Line 8sufficient to allow the department of revenue to verify the
Page 37, Line 9issuance and ownership of the credit. The department shall
Page 37, Line 10provide the records to the office of the state auditor upon
Page 37, Line 11request so that the state auditor can evaluate the
Page 37, Line 12effectiveness of the tax credits in accordance with sections 24-36-501 (2)(b) and 39-21-305.
Page 37, Line 13(10) The department may pay an independent third party
Page 37, Line 14and any consultants reasonable and necessary administrative,
Page 37, Line 15monitoring, and closing costs using the proceeds from the sale of tax credits.
Page 37, Line 1624-36-504. Use of corporate income tax credits - carry over.
Page 37, Line 17(1) For a tax credit certificate issued in fiscal year 2025-26, the
Page 37, Line 18department, in consultation with the office of state planning
Page 37, Line 19and budgeting, prior to the sale, shall determine the tax years
Page 37, Line 20in which the qualified taxpayer may claim the qualified
Page 37, Line 21taxpayer's tax credit against the qualified taxpayer's income tax liability.
Page 38, Line 1(2) For the tax year specified in the tax credit certificate
Page 38, Line 2issued pursuant to section 24-34-503 (6), the qualified taxpayer
Page 38, Line 3may claim the amount of the tax credit against the qualified
Page 38, Line 4taxpayer's income tax liability. If the amount of the tax credit
Page 38, Line 5exceeds the qualified taxpayer's actual tax liability for that
Page 38, Line 6tax year, the excess is not refunded to the qualified taxpayer.
Page 38, Line 7The qualified taxpayer may carry forward and apply the unused
Page 38, Line 8tax credit against the income tax liability for any succeeding
Page 38, Line 9tax year; except that the tax credit may not be carried forward
Page 38, Line 10to a tax year that begins after December 31, 2033. The taxpayer
Page 38, Line 11shall apply the carry forward credit against the income tax
Page 38, Line 12liability for the earliest of the income tax years possible. Any
Page 38, Line 13amount of the tax credit that is not used after this period is not refundable.
Page 38, Line 14(3) A qualified taxpayer claiming a credit under this part 5 shall submit the tax credit certificate with its tax return.
Page 38, Line 1524-36-505. Part contingent on condition - repeal of part -
Page 38, Line 16notice to the revisor. (1) This part 5 will take effect only if, by
Page 38, Line 17December 31, 2025, the United States congress does not enact
Page 38, Line 18and the president does not sign federal legislation that
Page 38, Line 19extends, recreates, or otherwise reinstates the enhanced
Page 38, Line 20premium tax credit for the 2026 plan year. The commissioner of
Page 38, Line 21insurance shall notify the revisor of statutes in writing if the
Page 38, Line 22condition specified in this subsection (1) has occurred by
Page 38, Line 23emailing the notice to revisorofstatutes.ga@coleg.gov. If the
Page 38, Line 24condition specified in this subsection (1) occurs, this part 5 takes effect on January 1, 2026.
Page 39, Line 1(2) This part 5 will be repealed if, on or before December
Page 39, Line 231, 2025, the United States congress enacts and the president
Page 39, Line 3signs federal legislation that extends, recreates, or otherwise
Page 39, Line 4reinstates the enhanced premium tax credit for the 2026 plan
Page 39, Line 5year with at least the same eligibility and in the same amount as
Page 39, Line 6authorized by the amendments to the premium tax credit in the
Page 39, Line 7federal "American Rescue Plan Act of 2021", Pub.L. 117-2, and
Page 39, Line 8the federal "Inflation Reduction Act of 2022", Pub.L. 117-169, 136
Page 39, Line 9Stat. 1818 (2022). The commissioner of insurance shall notify the
Page 39, Line 10revisor of statutes in writing if the condition specified in this
Page 39, Line 11subsection (2) has occurred and of the date on which the
Page 39, Line 12condition occurred by emailing the notice to
Page 39, Line 13revisorofstatutes.ga@coleg.gov. This part 5 is repealed upon
Page 39, Line 14the date identified in the notice that the condition specified in
Page 39, Line 15this subsection (2) occurred or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
Page 39, Line 16(3) This part 5 is repealed, effective December 31, 2040.
Page 39, Line 17SECTION 14. In Colorado Revised Statutes, 24-75-201.1,
Page 39, Line 18amend (1)(d)(XXII); repeal (1)(d)(XXIII); and add (1)(d)(XXIV), (1)(d)(XXV), (1)(d)(XXVI), and (1)(d)(XXVII) as follows:
Page 39, Line 1924-75-201.1. Restriction on state appropriations - legislative
Page 39, Line 20declaration - definitions. (1) (d) For each fiscal year, unrestricted
Page 39, Line 21general fund year-end balances must be retained as a reserve in the following amounts:
Page 39, Line 22(XXII) For the fiscal year 2021-22, thirteen and four-tenths
Page 39, Line 23percent of the amount appropriated for expenditure from the general fund for that fiscal year;
andPage 40, Line 1(XXIII)
(A) Except as otherwise provided in subsectionPage 40, Line 2
(1)(d)(XXIII)(B) of this section, for the fiscal year 2022-23 and eachPage 40, Line 3
fiscal year thereafter, fifteen percent of the amount appropriated forPage 40, Line 4
expenditure from the general fund for that fiscal year; except that, for thePage 40, Line 5
2023-24 state fiscal year, the amount retained as a reserve must be fifteenPage 40, Line 6
percent of the amount appropriated for expenditure from the general fundPage 40, Line 7
for that fiscal year plus fifteen percent of the amount of the general fundPage 40, Line 8
appropriations reduced pursuant to section 24-75-226 (4)(a)(I); and forPage 40, Line 9
the 2024-25 state fiscal year, the amount retained as a reserve must bePage 40, Line 10
fifteen percent of the amount appropriated for expenditure from thePage 40, Line 11
general fund plus fifty-six million four hundred ninety-three thousand five hundred forty-three dollars.Page 40, Line 12
(B) For the fiscal year 2023-24 and each fiscal year thereafterPage 40, Line 13
until the escrow money is released as set forth in section 23-40-107, thePage 40, Line 14
amount of the reserve described in subsection (1)(d)(XXIII)(A) of thisPage 40, Line 15
section for that fiscal year reduced by forty-one million two hundred fiftyPage 40, Line 16
thousand dollars. As used in this subsection (1)(d)(XXIII)(B), "escrow money" has the same meaning as set forth in section 23-40-107 (2)(c).Page 40, Line 17(XXIV) For the fiscal year 2022-23, fifteen percent of the
Page 40, Line 18amount appropriated for expenditure from the general fund for that fiscal year;
Page 40, Line 19(XXV) For the fiscal year 2023-24, fifteen percent of the
Page 40, Line 20amount appropriated for expenditure from the general fund for that fiscal year:
Page 40, Line 21(A) Plus fifteen percent of the amount of the general
Page 40, Line 22fund appropriations reduced pursuant to section 24-75-226(4)(a)(I); and
Page 41, Line 1(B) So long as the escrow money is not released as set
Page 41, Line 2forth in section 23-40-107, minus forty-one million two hundred
Page 41, Line 3fifty thousand dollars. As used in this subsection (1)(d)(XXV)(B),
Page 41, Line 4"escrow money" has the meaning set forth in section 23-40-107(2)(c).
Page 41, Line 5(XXVI) For the fiscal year 2024-25, fifteen percent of the
Page 41, Line 6amount appropriated for expenditure from the general fund for that fiscal year:
Page 41, Line 7(A) Plus fifty-six million four hundred ninety-three thousand five hundred forty-three dollars; and
Page 41, Line 8(B) So long as the escrow money is not released as set
Page 41, Line 9forth in section 23-40-107, minus forty-one million two hundred
Page 41, Line 10fifty thousand dollars. As used in this subsection
Page 41, Line 11(1)(d)(XXVI)(B), "escrow money" has the meaning set forth in section 23-40-107 (2)(c).
Page 41, Line 12(XXVII) For the fiscal year 2025-26, and each fiscal year
Page 41, Line 13thereafter, fifteen percent of the amount appropriated for expenditure from the general fund for that fiscal year minus:
Page 41, Line 14(A) The amount calculated by the state treasurer in
Page 41, Line 15accordance with section 10-16-1206 (1.5)(a)(II)(B); except that
Page 41, Line 16this subsection (1)(d)(XXVII)(A) takes effect on January 1, 2026,
Page 41, Line 17only if the condition specified in section 10-16-1209 (1) occurs; and
Page 41, Line 18(B) So long as the escrow money is not released as set
Page 41, Line 19forth in section 23-40-107, forty-one million two hundred fifty
Page 41, Line 20thousand dollars. As used in this subsection (1)(d)(XXVII)(B),
Page 42, Line 1"escrow money" has the meaning set forth in section 23-40-107(2)(c).
Page 42, Line 2SECTION 15. In Colorado Revised Statutes, 24-75-226.5, add (2)(c)(III) as follows:
Page 42, Line 324-75-226.5. ARPA refinance state money cash fund - creation
Page 42, Line 4- reduction in general fund appropriations - legislative intent -
Page 42, Line 5definitions - repeal. (2) (c) (III) Within three days after the
Page 42, Line 6effective date of this subsection (2)(c)(III), the state treasurer
Page 42, Line 7shall transfer ten million dollars from the refinance
Page 42, Line 8discretionary account to the health insurance affordability cash fund created in section 10-16-1206 (1).
Page 42, Line 9SECTION 16. Appropriation. For the 2025-26 state fiscal year,
Page 42, Line 10$3,173,500 is appropriated to the department of treasury. This
Page 42, Line 11appropriation is from the tax credit sale proceeds cash fund created in
Page 42, Line 12section 24-36-405 (1), C.R.S. To implement this act, the department may use this appropriation for tax credit administration.
Page 42, Line 13SECTION 17. Effective date. (1) Except as otherwise provided in this section, this act takes effect upon passage.
Page 42, Line 14(2) Section 24-36-401 (2), Colorado Revised Statutes, as amended
Page 42, Line 15in section 6 of this act, section 24-36-402 (6), Colorado Revised Statutes,
Page 42, Line 16as amended in section 7 of this act, 24-36-403 (2)(a)(I) and (8), Colorado
Page 42, Line 17Revised Statutes, as amended in section 8 of this act, section 24-36-406,
Page 42, Line 18Colorado Revised Statutes, as amended in section 9 of this act, section
Page 42, Line 1924-36-501 (2), Colorado Revised Statutes, as amended in section 10 of
Page 42, Line 20this act, section 24-36-502 (6), Colorado Revised Statutes, as amended in
Page 42, Line 21section 11 of this act, and section 24-36-503 (2)(a) and (8), Colorado
Page 42, Line 22Revised Statutes, as amended in section 12 of this act, take effect only if
Page 43, Line 1House Bill 25B-1004 becomes law, in which case section 24-36-401 (2),
Page 43, Line 2Colorado Revised Statutes, as amended in section 6 of this act, section
Page 43, Line 324-36-402 (6), Colorado Revised Statutes, as amended in section 7 of this
Page 43, Line 4act, 24-36-403 (2)(a)(I) and (8), Colorado Revised Statutes, as amended
Page 43, Line 5in section 8 of this act, section 24-36-406, Colorado Revised Statutes, as
Page 43, Line 6amended in section 9 of this act, section 24-36-501 (2), Colorado Revised
Page 43, Line 7Statutes, as amended in section 10 of this act, section 24-36-502 (6),
Page 43, Line 8Colorado Revised Statutes, as amended in section 11 of this act, and
Page 43, Line 9section 24-36-503 (2)(a) and (8), Colorado Revised Statutes, as amended
Page 43, Line 10in section 12 of this act, take effect one day after the effective date of House Bill 25B-1004.
Page 43, Line 11(3) Parts 4 and 5 of article 36 of title 24, Colorado Revised
Page 43, Line 12Statutes, enacted in section 13 of this act, take effect only if House Bill
Page 43, Line 1325B-1004 does not become law, in which case parts 4 and 5 of article 36
Page 43, Line 14of title 24, Colorado Revised Statutes, enacted in section 13 of this act, take effect upon passage.
Page 43, Line 15SECTION 18. Safety clause. The general assembly finds,
Page 43, Line 16determines, and declares that this act is necessary for the immediate
Page 43, Line 17preservation of the public peace, health, or safety or for appropriations for
Page 43, Line 18the support and maintenance of the departments of the state and state institutions.