Senate Bill 25-195

BY SENATOR(S) Marchman and Michaelson Jenet, Cutter, Jodeh, Kipp, Mullica, Weissman, Catlin, Exum, Hinrichsen, Roberts;

also REPRESENTATIVE(S) Stewart K., Bacon, Bird, Boesenecker, Brown, Clifford, Duran, English, Froelich, Hamrick, Jackson, Lieder, Lindsay, Marshall, Ricks, Rutinel, McCluskie.

Concerning the continuation of the rural alcohol and substance abuse prevention and treatment program, and, in connection therewith, implementing the recommendation contained in the 2024 sunset report by the department of regulatory agencies.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  In Colorado Revised Statutes, 24-34-104, repeal (26)(a)(IV); and add (31)(a)(XV) as follows:

24-34-104.  General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal. (26) (a)  The following agencies, functions, or both, are scheduled for repeal on September 1, 2025:

(IV)  The rural alcohol and substance abuse prevention and treatment program created pursuant to section 27-80-117 in the behavioral health administration in the department of human services;

(31) (a)  The following agencies, functions, or both, are scheduled for repeal on September 1, 2030:

(XV)  The rural alcohol and substance abuse prevention and treatment program created pursuant to section 27-80-117 in the behavioral health administration in the department of human services.

SECTION 2.  In Colorado Revised Statutes, 27-80-117, amend (3)(a) and (4)(a) as follows:

27-80-117.  Rural alcohol and substance abuse prevention and treatment program - creation - administration - cash fund - definitions - repeal. (3) (a)  There is created in the state treasury the rural alcohol and substance abuse cash fund, referred to in this section as the "fund", that consists of the rural youth alcohol and substance abuse prevention and treatment account, referred to in this section as the "youth account", and the rural detoxification account, referred to in this section as the "detoxification account". The fund is comprised of money collected from surcharges assessed pursuant to sections 18-19-103.5, 42-4-1307 (10)(d)(I), and 42-4-1701 (4)(f). The money collected from the surcharges must be divided equally between the youth account and the detoxification account. The fund also includes any money credited to the fund pursuant to subsection (3)(b) of this section. Money in the fund credited pursuant to subsection (3)(b) of this section must be divided equally between the youth account and the detoxification account unless the grantee or donor specifies to which account the grant, gift, or donation is to be credited. The money in the fund is subject to annual appropriation by the general assembly to the BHA for the purpose of implementing the program. All interest derived from the deposit and investment of money in the fund remains in the fund. Any unexpended or unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and shall not be transferred or credited to the general fund or another fund; except that any unexpended and unencumbered money remaining in the fund as of August 30, 2025August 30, 2030, is credited to the general fund.

(4) (a)  This section is repealed, effective September 1, 2025September 1, 2030.

SECTION 3.  In Colorado Revised Statutes, 18-19-103.5, amend (4) as follows:

18-19-103.5.  Rural alcohol and substance abuse surcharge - repeal. (4)  This section is repealed, effective September 1, 2025September 1, 2030, unless the general assembly extends the repeal of the rural alcohol and substance abuse prevention and treatment program created in section 27-80-117.

SECTION 4.  In Colorado Revised Statutes, 42-4-1307, amend (10)(d)(II) as follows:

42-4-1307.  Penalties for traffic offenses involving alcohol and drugs - legislative declaration - definitions - repeal. (10)  Additional costs and surcharges. In addition to the penalties prescribed in this section:

(d) (II)  This paragraph (d)subsection (10)(d) is repealed, effective September 1, 2025September 1, 2030, unless the general assembly extends the repeal of the rural alcohol and substance abuse prevention and treatment program created in section 27-80-117.

SECTION 5.  In Colorado Revised Statutes, 42-4-1701, amend (4)(f)(III) as follows:

42-4-1701.  Traffic offenses and infractions classified - penalties - penalty and surcharge schedule - repeal. (4) (f) (III)  This paragraph (f)subsection (4)(f) is repealed, effective September 1, 2025September 1, 2030, unless the general assembly extends the repeal of the rural alcohol and substance abuse prevention and treatment program created in section 27-80-117.

SECTION 6.  Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.