Senate Bill 25-295 Engrossed

A Bill for an Act

• Page 1, Line 101Concerning transferring money received through the

• Page 1, Line 102firearms and ammunition excise tax into the mental and

• Page 1, Line 103behavioral health excise tax cash fund, and, in

• Page 1, Line 104connection therewith, making and reducing an

• Page 1, Line 105appropriation.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)

Joint Budget Committee. The bill creates the behavioral and mental health excise tax cash fund that is designated to hold money received from the firearm and ammunition excise tax (Proposition KK) for certain behavioral health-related purposes.

Current law requires $8 million that is received from Proposition KK to be transferred to the behavioral and mental health cash fund. The bill requires this money to instead be transferred to the behavioral and mental health excise tax cash fund.

The bill requires the state treasurer to transfer the Proposition KK money in the behavioral and mental health cash fund to the behavioral and mental health excise tax cash fund.

Current law repeals the behavioral and mental health cash fund on July 1, 2032. The bill changes the repeal date to July 1, 2027.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 24-75-230, amend (2)(a) and (5); repeal (3)(b), (3.5), and (3.7); and add (3.8) as follows:

• Page 2, Line 324-75-230.  Behavioral and mental health cash fund - creation

• Page 2, Line 4- allowable uses - task force - definitions - repeal. (2) (a)  The

• Page 2, Line 5behavioral and mental health cash fund is created in the state treasury.

• Page 2, Line 6The fund consists of money credited to the fund in accordance with

• Page 2, Line 7subsection (2)(b) of this section money transferred to the fund pursuant

• Page 2, Line 8to section 39-37-301 (2)(a)(II) and any other money that the general

• Page 2, Line 9assembly may appropriate or transfer to the fund. The general assembly

• Page 2, Line 10may appropriate money from the fund to a department for behavioral health care.

• Page 2, Line 11(3) (b)  The limitations and requirements set forth in subsection

• Page 2, Line 12(3)(a)(II) of this section do not apply to money transferred to the fund pursuant to section 39-37-301 (2)(a)(II).

• Page 2, Line 13(3.5)  The first five million dollars of the money transferred to the

• Page 2, Line 14fund pursuant to section 39-37-301 (2)(a)(II), must be used by the

• Page 2, Line 15behavioral health administration, established pursuant to section

• Page 2, Line 1627-50-102, in coordination with the division of veterans affairs, created

• Page 3, Line 1in section 28-5-701 (1), for the purpose of continuing and expanding the

• Page 3, Line 2veterans mental health services program in accordance with section 28-5-714.

• Page 3, Line 3(3.7)  After the requirement in subsection (3.5) of this section is

• Page 3, Line 4met, the next three million dollars of the money transferred to the fund

• Page 3, Line 5pursuant to section 39-37-301 (2)(a)(II), must be used by the behavioral

• Page 3, Line 6health administration for the purpose of continuing and expanding access

• Page 3, Line 7to behavioral health crisis response system services for children and youth in accordance with article 60 of title 27.

• Page 3, Line 8(3.8) (a)  On June 30, 2025, the state treasurer shall

• Page 3, Line 9transfer any money received pursuant to section 39-37-301

• Page 3, Line 10(2)(a)(II) to the behavioral and mental health excise tax cash fund created in section 39-37-302.

• Page 3, Line 11(b)  This subsection (3.8) is repealed, effective July 1, 2026.

• (5)  This section is repealed, effective July 1, 2032 July 1, 2027.

• Page 3, Line 12SECTION 2.  In Colorado Revised Statutes, 39-37-301, amend (2)(a)(II) as follows:

• Page 3, Line 1339-37-301.  Firearms and ammunition excise tax cash fund -

• Page 3, Line 14creation - distribution. (2) (a)  Except for any money in the fund that is

• Page 3, Line 15annually appropriated by the general assembly pursuant to subsection

• Page 3, Line 16(2)(b) of this section, money paid into the fund pursuant to section

• Page 3, Line 1739-37-110 (2), or credited to the fund pursuant to subsection (1)(b) of this section must be distributed from the fund as follows:

• Page 3, Line 18(II)  After the requirement in subsection (2)(a)(I) of this section is

• Page 3, Line 19met, the next eight million dollars paid into the fund in each fiscal year

• Page 3, Line 20must be transferred to the behavioral and mental health cash fund created

• Page 3, Line 21in section 24-75-230 (2)(a) behavioral and mental health excise tax cash fund created in section 39-37-302; and

• Page 4, Line 1SECTION 3.  In Colorado Revised Statutes, add 39-37-302 as follows:

• Page 4, Line 239-37-302.  Behavioral and mental health excise tax cash fund

• Page 4, Line 3- creation - distribution. (1) (a)  The behavioral and mental health

• Page 4, Line 4excise tax cash fund is created in the state treasury, referred

• Page 4, Line 5to in this section as the "fund". The fund consists of money

• Page 4, Line 6transferred to the fund pursuant to section 39-37-301 (2)(a)(II)

• Page 4, Line 7and any other money that the general assembly may appropriate

• Page 4, Line 8or transfer to the fund. The general assembly may appropriate

• Page 4, Line 9money from the fund to a department for behavioral health care.

• Page 4, Line 10(b)  The state treasurer shall credit all interest and

• Page 4, Line 11income derived from the deposit and investment of money in the fund to the fund.

• Page 4, Line 12(2)  The first five million dollars of the money

• Page 4, Line 13transferred to the fund pursuant to section 39-37-301 (2)(a)(II)

• Page 4, Line 14and section 24-75-230 (3.8) must be used by the behavioral health

• Page 4, Line 15administration, established pursuant to section 27-50-102, in

• Page 4, Line 16coordination with the division of veterans affairs, created in

• Page 4, Line 17section 28-5-701 (1), for the purpose of continuing and expanding

• Page 4, Line 18the veterans mental health services program in accordance

• Page 4, Line 19with section 28-5-714. If the money described in this subsection (2)

• Page 4, Line 20is in the fund, the general assembly shall annually appropriate

• Page 4, Line 21the money from the fund in accordance with this subsection (2)

• Page 4, Line 22until the general assembly has appropriated the full amount of

• Page 4, Line 23money.

• Page 5, Line 1(3)  After the requirement in subsection (2) of this section

• Page 5, Line 2is met, the next three million dollars of the money transferred

• Page 5, Line 3to the fund pursuant to section 39-37-301 (2)(a)(II) and section

• Page 5, Line 424-75-230 (3.8) must be used by the behavioral health

• Page 5, Line 5administration for the purpose of continuing and expanding

• Page 5, Line 6access to behavioral health crisis response system services for

• Page 5, Line 7children and youth in accordance with article 60 of title 27. If

• Page 5, Line 8the money described in this subsection (3) is in the fund, the

• Page 5, Line 9general assembly shall annually appropriate the money from

• Page 5, Line 10the fund in accordance with this subsection (3) until the general assembly has appropriated the full amount of money.

• Page 5, Line 11(4)  The general assembly may appropriate any money

• Page 5, Line 12other than the money described in subsections (2) and (3) of this

• Page 5, Line 13section that is in the fund to a department for behavioral health care.

• Page 5, Line 14SECTION 4.  In Colorado Revised Statutes, 27-60-103, amend (1.7) as follows:

• Page 5, Line 1527-60-103.  Behavioral health crisis response system - services

• Page 5, Line 16- request for proposals - criteria - reporting - rules - definitions -

• Page 5, Line 17repeal. (1.7)  Beginning January 1, 2025, the BHA shall use the money

• Page 5, Line 18transferred to the behavioral and mental health cash fund behavioral

• Page 5, Line 19and mental health excise tax cash fund pursuant to sections

• Page 5, Line 2024-75-230 (2)(a) and section 39-37-301 (2)(a)(II) to continue and

• Page 5, Line 21expand access to behavioral health crisis response system services for children and youth in accordance with this article 60.

• Page 5, Line 22SECTION 5.  In Colorado Revised Statutes, 28-5-714, amend

• Page 5, Line 23(2)(d) as follows:

• Page 6, Line 128-5-714.  Veterans mental health services program - report -

• Page 6, Line 2rules - definitions. (2) (d)  The behavioral health administration

• Page 6, Line 3established in section 27-50-102 shall coordinate with the division to

• Page 6, Line 4continue and expand the program using the money transferred pursuant

• Page 6, Line 5to section 39-37-301 (2)(a)(II) to the behavioral and mental health cash

• Page 6, Line 6fund, created in section 24-75-230 (2)(a), in accordance with section

• Page 6, Line 724-75-230 (3.5) behavioral and mental health excise tax cash

• Page 6, Line 8fund created in section 39-37-302 and shall post on its website a list of providers who participate in the program.

• Page 6, Line 9SECTION 6.  In Colorado Revised Statutes, 28-5-714, amend as

• Page 6, Line 10repealed and reenacted with amendments by House Bill 25-1132(4)(a) as follows:

• Page 6, Line 1128-5-714.  Veterans mental health services program -

• Page 6, Line 12community behavioral health program grants - rules - definitions.

• Page 6, Line 13(4) (a)  The BHA shall coordinate with the division to continue and

• Page 6, Line 14expand the veterans mental health services program using the money

• Page 6, Line 15transferred pursuant to section 39-37-301 (2)(a)(II) to the behavioral and

• Page 6, Line 16mental health cash fund, created in section 24-75-230 (2)(a), in

• Page 6, Line 17accordance with section 24-75-230 (3.5) behavioral and mental health excise tax cash fund created in section 39-37-302.

• Page 6, Line 18SECTION 7.  Appropriation - adjustments to 2025 long bill.

• Page 6, Line 19(1)  To implement this act, appropriations made in the annual general

• Page 6, Line 20appropriation act for the 2025-26 state fiscal year to the department of

• Page 6, Line 21human services for use by the behavioral health administration are adjusted as follows:

• Page 6, Line 22(a)  The cash funds appropriation from the behavioral and mental

• Page 6, Line 23health cash fund created in section 24-75-230 (2)(a), C.R.S., for veteran mental health services is decreased by $5,000,000;

• Page 7, Line 1(b)  The cash funds appropriation from the behavioral and mental

• Page 7, Line 2health excise tax cash fund created in section 39-37-302, C.R.S., for veteran mental health services is increased by $5,000,000;

• Page 7, Line 3(c)  The cash funds appropriation from the behavioral and mental

• Page 7, Line 4health cash fund created in section 24-75-230 (2)(a), C.R.S., for

• Page 7, Line 5behavioral health crisis response system services is decreased by $3,000,000; and

• Page 7, Line 6(d)  The cash funds appropriation from the behavioral and mental

• Page 7, Line 7health excise tax cash fund created in section 39-37-302, C.R.S., for

• Page 7, Line 8behavioral health crisis response system services is increased by $3,000,000.

• Page 7, Line 9SECTION 8.  Effective date. (1)  Except as otherwise provided in this section, this act takes effect upon passage.

• Page 7, Line 10(2)  Section 5 of this act takes effect only if House Bill 25-1132 does not become law.

• Page 7, Line 11(3)  Section 6 of this act takes effect only if House Bill 25-1132

• Page 7, Line 12becomes law, in which case section 6 takes effect on the applicable effective date of section 1 of House Bill 25-1132.

• Page 7, Line 13SECTION 9.  Safety clause. The general assembly finds,

• Page 7, Line 14determines, and declares that this act is necessary for the immediate

• Page 7, Line 15preservation of the public peace, health, or safety or for appropriations for

• Page 7, Line 16the support and maintenance of the departments of the state and state institutions.