Senate Committee of Reference Report
Committee on Appropriations
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April 25, 2025
After consideration on the merits, the Committee recommends the following:
SB25-072 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, page 6, line 25, strike "fund." and substitute "fund
Page 1, Line 2- loan - gifts, grants, and donations - repeal.".
Page 1, Line 3Page 7, line 7, after "(3)," insert "any amounts the department
Page 1, Line 4receives and transmits for deposit in the fund pursuant to
Page 1, Line 5subsection (4) of this section,".
Page 1, Line 6Page 7, line 8, strike "fund." and substitute "fund, including the
Page 1, Line 7amount transferred to the fund pursuant to subsection (3) of
Page 1, Line 8this section.".
Page 1, Line 9Page 7, after line 14 insert:
Page 1, Line 10"(3) (a) (I) On July 1, 2025, or as soon as possible
Page 1, Line 11thereafter, the state treasurer shall transfer three hundred
Page 1, Line 12six thousand three hundred forty-four dollars from the
Page 1, Line 13tobacco litigation settlement cash fund created in section
Page 1, Line 1424-22-115 to the kratom consumer protection cash fund for the
Page 1, Line 15purpose of defraying expenses incurred by the department
Page 1, Line 16before it receives annual fees pursuant to subsection (1) of this
Page 1, Line 17section or any civil penalties pursuant to section 44-15-104 (3).
Page 1, Line 18(II) Notwithstanding any other law, state fiscal rule, or
Page 1, Line 19generally accepted accounting principle that could otherwise
Page 1, Line 20be interpreted to require a contrary conclusion:
Page 1, Line 21(A) The department may accept and expend any money
Page 1, Line 22transferred pursuant to this subsection (3);
Page 1, Line 23(B) The transfer required in subsection (3)(a)(I) of this
Page 1, Line 24section is a loan from the state treasurer to the department
Page 2, Line 1that is required to be repaid; and
Page 2, Line 2(C) The transfer required in subsection (3)(a)(I) of this
Page 2, Line 3section is not a grant for purposes of section 20 (2)(d) of article
Page 2, Line 4X of the state constitution or as defined in section 24-77-102 (7).
Page 2, Line 5(b) (I) As the department receives sufficient revenue in
Page 2, Line 6excess of expenses, the department shall repay the state
Page 2, Line 7treasurer for the principal amount of the loan plus
Page 2, Line 8accumulated interest as determined pursuant to subsection
Page 2, Line 9(3)(b)(II) of this section and shall fully repay the principal and
Page 2, Line 10interest on the loan no later than June 30, 2027.
Page 2, Line 11(II) Interest accrues on the money borrowed from the
Page 2, Line 12tobacco litigation settlement cash fund at a rate equivalent to
Page 2, Line 13the rate per annum on the most recently issued ten-year United
Page 2, Line 14States treasury note, rounded to the nearest one-tenth of one
Page 2, Line 15percent, as reported by the "Wall Street Journal", as of the
Page 2, Line 16date the transfer required by subsection (3)(a)(I) of this section
Page 2, Line 17is made. Interest accrues at the rate specified in this subsection
Page 2, Line 18(3)(b)(II) beginning on the date of the transfer until the date on
Page 2, Line 19which the total amount borrowed, including accrued interest,
Page 2, Line 20is repaid.
Page 2, Line 21(c) This subsection (3) is repealed, effective July 1, 2028.
Page 2, Line 22(4) The department may seek, accept, and expend gifts,
Page 2, Line 23grants, or donations from private or public sources for the
Page 2, Line 24purposes of this article 15. The department shall transmit all
Page 2, Line 25money received through gifts, grants, or donations to the state
Page 2, Line 26treasurer, who shall credit the money to the fund.".
Page 2, Line 28Page 10, after line 22 insert:
Page 2, Line 29"SECTION 5. In Colorado Revised Statutes, 24-22-115, add (6)
Page 2, Line 30as follows:
Page 2, Line 3124-22-115. Tobacco litigation settlement cash fund -
Page 2, Line 32health-care supplemental appropriations and overexpenditures
Page 2, Line 33account - creation - repeal. (6) (a) On July 1, 2025, or as soon as
Page 2, Line 34possible thereafter, the state treasurer shall transfer three
Page 2, Line 35hundred six thousand three hundred forty-four dollars from
Page 2, Line 36the tobacco litigation settlement cash fund created in this
Page 2, Line 37section to the kratom consumer protection cash fund created in
Page 2, Line 38section 44-15-103 (2). The amount transferred pursuant to this
Page 2, Line 39subsection (6) is a loan from the state treasurer to the
Page 2, Line 40department of revenue that is required to be repaid in
Page 2, Line 41accordance with section 44-15-103 (3)(b).
Page 2, Line 42(b) This subsection (6) is repealed, effective July 1, 2028.
Page 3, Line 1SECTION 6. In Colorado Revised Statutes, 24-75-1104.5,
Page 3, Line 2amend (1.7) introductory portion; and add (10) as follows:
Page 3, Line 324-75-1104.5. Use of settlement money - programs - repeal.
Page 3, Line 4(1.7) Except as otherwise provided in subsections (1.3), (1.8), and (5),
Page 3, Line 5and (10) of this section, and except that disputed payments received by
Page 3, Line 6the state in the 2015-16 fiscal year or in any year thereafter are excluded
Page 3, Line 7from the calculation of allocations pursuant to this subsection (1.7), for
Page 3, Line 8the 2016-17 fiscal year and for each fiscal year thereafter, the following
Page 3, Line 9programs, services, and funds receive the following specified percentages
Page 3, Line 10of the total amount of settlement money received by the state in the
Page 3, Line 11preceding fiscal year:
Page 3, Line 12(10) (a) For the 2025-26 fiscal year, the total amount of
Page 3, Line 13settlement money received by the state in the preceding fiscal
Page 3, Line 14year shall be reduced by three hundred six thousand three
Page 3, Line 15hundred forty-four dollars before the calculation of
Page 3, Line 16allocations under subsection (1.7) of this section, which amount
Page 3, Line 17shall be transferred in accordance with section 24-22-115 (6).
Page 3, Line 18(b) This subsection (10) is repealed, effective July 1, 2026.".
Page 3, Line 19Renumber succeeding sections accordingly.
Page 3, Line 20Page 10, before line 23 insert:
Page 3, Line 21"SECTION 5. Appropriation. (1) For the 2025-26 state fiscal
Page 3, Line 22year, $280,606 is appropriated to the department of revenue. This
Page 3, Line 23appropriation is from the kratom consumer protection cash fund created
Page 3, Line 24in section 44-15-103 (2)(a), C.R.S. To implement this act, the department
Page 3, Line 25may use this appropriation as follows:
Page 3, Line 26(a) $103,108 for use by the kratom division for personal services,
Page 3, Line 27which amount is based on an assumption that the division will require an
Page 3, Line 28additional 1.3 FTE;
Page 3, Line 29(b) $33,059 for use by the kratom division for operating expenses;
Page 3, Line 30and
Page 3, Line 31(c) $144,439 for the purchase of legal services.
Page 3, Line 32(2) For the 2025-26 state fiscal year, $144,439 is appropriated to
Page 3, Line 33the department of law. This appropriation is from reappropriated funds
Page 3, Line 34received from the department of revenue under subsection (1)(c) of this
Page 3, Line 35section and is based on an assumption that the department of law will
Page 3, Line 36require an additional 0.6 FTE. To implement this act, the department of
Page 3, Line 37law may use this appropriation to provide legal services for the
Page 3, Line 38department of revenue.".
Page 3, Line 39Renumber succeeding sections accordingly.
Page 4, Line 1
Page 4, Line 2Page 1, line 101, strike "kratom." and substitute "kratom, and, in
Page 4, Line 3connection therewith, making an appropriation.".