Senate Bill 25-268 Preamended

A Bill for an Act

• Page 1, Line 101Concerning changes to money in the marijuana tax cash fund,

• Page 1, Line 102and, in connection therewith, 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/.)

Joint Budget Committee. Under current law, the general assembly is required to annually appropriate $3 million from the marijuana tax cash fund (fund) to the board of regents of the university of Colorado for the implementation of the medication-assisted treatment expansion pilot program (program). For state fiscal years commencing on and after July 1, 2025, the bill ends the requirement to annually appropriate $3 million but allows the general assembly to choose to appropriate money for the implementation of the program. Accordingly, the cash funds appropriation from the fund made in the general appropriation act for the 2025-26 state fiscal year for this purpose is decreased by $3 million.

Additionally, current law requires $20 million to be transferred from the fund to the public school capital construction assistance fund on June 1, 2026. The bill repeals this required transfer.

Finally, under current law, 10% the proceeds of all money collected from the retail marijuana sales tax (tax revenue) are apportioned to local governments with the state retaining 90%. Of the retained 90%, the tax revenue is further apportioned between the general fund, the fund, and the state public school fund. The bill changes the apportionment between the state and local governments so that local governments receive 5% of the tax revenue and the state retains 95% of the tax revenue. The 5% increase of the tax revenue that the state retains is apportioned only to the fund.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 23-21-808, amend (1)(a) as follows:

• Page 2, Line 323-21-808.  Funding for pilot program. (1) (a) (I)  For state fiscal

• Page 2, Line 4year 2021-22, and each state fiscal year thereafter before state fiscal

• Page 2, Line 5year 2025-26, the general assembly shall annually appropriate three

• Page 2, Line 6million dollars per fiscal year from the marijuana tax cash fund created

• Page 2, Line 7in section 39-28.8-501 to the board of regents of the university of

• Page 2, Line 8Colorado, for allocation to the center to implement and administer the

• Page 2, Line 9MAT expansion pilot program. The center may use a portion of the

• Page 2, Line 10money annually appropriated for the pilot program to pay the direct and

• Page 2, Line 11indirect costs that the center incurs to administer the pilot program, as

• Page 2, Line 12well as to provide consulting services to and oversight of grant recipients,

• Page 2, Line 13for data collection and analysis, evaluation of the pilot program, and program reporting.

• Page 2, Line 14(II)  For state fiscal years commencing on or after July 1,

• Page 3, Line 12025, the general assembly may appropriate money for the

• Page 3, Line 2purposes set forth in subsection (1)(a)(I) of this section and in accordance with this section.

• Page 3, Line 4SECTION 2.  In Colorado Revised Statutes, 39-28.8-501, amend (4.8)(a); and repeal (4.8)(c) as follows:

• Page 3, Line 539-28.8-501.  Marijuana tax cash fund - creation - distribution

• Page 3, Line 6- legislative declaration - repeal. (4.8)  The state treasurer shall transfer

• Page 3, Line 7from the fund to the public school capital construction assistance fund created in section 22-43.7-104:

• Page 3, Line 8(a)  Fifty million dollars on June 1, 2022. and

• (c)  Twenty million dollars on June 1, 2026.

• Page 3, Line 9SECTION 3.  In Colorado Revised Statutes, 39-28.8-203, amend

• Page 3, Line 10(1) introductory portion, (1)(a)(I), and (1)(b)(I.5) introductory portion; and add (1)(b)(I.6) as follows:

• Page 3, Line 1139-28.8-203.  Disposition of collections - definitions. (1)  The

• Page 3, Line 12proceeds of all money collected from the retail marijuana sales tax are

• Page 3, Line 13initially credited to the old age pension fund created in section 1 of article

• Page 3, Line 14XXIV of the state constitution in accordance with paragraphs (a) and (f)

• Page 3, Line 15of section 2 sections 2 (a) and 2 (f) of article XXIV of the state

• Page 3, Line 16constitution and thereafter are transferred to the general fund in

• Page 3, Line 17accordance with section 7 of article XXIV of the state constitution. For

• Page 3, Line 18each fiscal year in which a tax is collected pursuant to this part 2, an

• Page 3, Line 19amount shall be appropriated or distributed from the general fund as follows:

• Page 3, Line 20(a) (I)  Before July 1, 2017, an amount equal to fifteen percent of

• Page 3, Line 21the gross retail marijuana sales tax revenue collected by the department

• Page 4, Line 1is apportioned to local governments. On and after July 1, 2017, but

• Page 4, Line 2before July 1, 2025, an amount equal to ten percent of the gross retail

• Page 4, Line 3marijuana sales tax revenue collected by the department is apportioned to

• Page 4, Line 4local governments. On and after July 1, 2025, an amount equal to

• Page 4, Line 5five percent of the gross retail marijuana sales tax revenue

• Page 4, Line 6collected by the department is apportioned to local

• Page 4, Line 7governments. The city or town share is apportioned according to the

• Page 4, Line 8percentage that retail marijuana sales tax revenue collected by the

• Page 4, Line 9department within the boundaries of the city or town bear to the total

• Page 4, Line 10retail marijuana sales tax revenue collected by the department. The county

• Page 4, Line 11share is apportioned according to the percentage that retail marijuana

• Page 4, Line 12sales tax revenue collected by the department in the unincorporated area

• Page 4, Line 13of the county bear to total retail marijuana sales tax revenue collected by the department.

• Page 4, Line 14(b) (I.5)  On and after July 1, 2018, but before July 1, 2025, of

• Page 4, Line 15the ninety percent of the gross retail marijuana sales tax revenue in the

• Page 4, Line 16general fund remaining after the allocation to local governments required

• Page 4, Line 17by subsection (1)(a)(I) of this section is made, the state treasurer shall

• Page 4, Line 18retain fifteen and fifty-six one-hundredths percent in the general fund for use for any lawful purpose and shall transfer from the general fund:

• Page 4, Line 19(I.6)  On and after July 1, 2025, of the ninety-five percent

• Page 4, Line 20of the gross retail marijuana sales tax revenue in the general

• Page 4, Line 21fund remaining after the allocation to local governments

• Page 4, Line 22required by subsection (1)(a)(I) of this section is made, the state

• Page 4, Line 23treasurer shall retain fourteen and seventy-four

• Page 4, Line 24one-hundredths percent in the general fund for use for any

• Page 4, Line 25lawful purpose and shall transfer from the general fund:

• Page 5, Line 1(A)  Seventy-three and thirty-four one-hundredths percent to the marijuana tax cash fund; and

• Page 5, Line 2(B)  Eleven and ninety-two one-hundredths percent to the

• Page 5, Line 3state public school fund created in section 22-54-114 (1) for use as specified in section 22-54-139 (3).

• Page 5, Line 4SECTION 4.  In Colorado Revised Statutes, 22-43.7-104, amend (2)(g) as follows:

• Page 5, Line 522-43.7-104.  Public school capital construction assistance fund

• Page 5, Line 6- creation - crediting of money to fund - use of fund - emergency

• Page 5, Line 7reserve - creation - reserve account - creation and use. (2) (g)  The

• Page 5, Line 8assistance fund includes seventy fifty million dollars, which the state

• Page 5, Line 9treasurer is required to transfer from the marijuana tax cash fund created

• Page 5, Line 10in section 39-28.8-501 (1) in two installments, with the first on June 1,

• Page 5, Line 112022, and the second on June 1, 2024, pursuant to section 39-28.8-501 (4.8).

• Page 5, Line 12SECTION 5.  Appropriation - adjustments to 2025 long bill. To

• Page 5, Line 13implement this act, the cash funds appropriation from the marijuana tax

• Page 5, Line 14cash fund created in section 39-28.8-501 (1), C.R.S., made in the annual

• Page 5, Line 15general appropriation act for the 2025-26 state fiscal year to the

• Page 5, Line 16department of higher education for use by the Colorado commission on

• Page 5, Line 17higher education and higher education special purpose programs for the

• Page 5, Line 18center for substance use disorder, prevention, treatment, and recovery

• Page 5, Line 19support strategies at the university of Colorado health sciences center is decreased by $3,000,000.

• Page 5, Line 20SECTION 6.  Safety clause. The general assembly finds,

• Page 5, Line 21determines, and declares that this act is necessary for the immediate

• Page 5, Line 22preservation of the public peace, health, or safety or for appropriations for

• Page 6, Line 1the support and maintenance of the departments of the state and state institutions.