NOTE: The governor signed this measure on 3/13/2015. SENATE BILL 15-167 BY SENATOR(S) Steadman, Grantham, Lambert; also REPRESENTATIVE(S) Rankin, Hamner, Young, Fields, Lee, Melton, Pettersen, Singer. Concerning a modification in the moneys available to certain departments for the 2014-15 fiscal year for programs that the general assembly funded in 2014 from state moneys collected in connection with the legal marijuana industry. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 39-28.8-501, amend (2) (a), (2) (b) introductory portion, and (4) (b) as follows: 39-28.8-501. Marijuana tax cash fund - creation - distribution - repeal. (2) (a) The general assembly shall not appropriate the moneys in the fund for the fiscal year in which they were received by the state; except that: (I) The general assembly may appropriate moneys in the fund to the department of revenue for the fiscal years in which they were received by the state for the direct and indirect costs associated with implementing this article and articles 43.3 and 43.4 of title 12, C.R.S.; and (II) For the 2014-15 fiscal year only, the general assembly may appropriate up to four million seven hundred forty-four thousand two hundred fifty-four dollars from moneys in the fund that the state received during the 2014-15 fiscal year to support the programs funded by the general assembly through Senate Bill 14-215, enacted in 2014, for the 2014-15 fiscal year. This subparagraph (II) is repealed, effective July 1, 2015. (b) Subject to the limitations in subsection (5) of this section, any moneys in the fund that are not appropriated to the department of revenue pursuant to paragraph (a) of this subsection (2) are subject to annual appropriation by the general assembly for any fiscal year following the fiscal year in which they were received by the state. The general assembly shall initially appropriate moneys in the fund based on the most recent estimate of revenue prepared by the staff of the legislative council or the department of revenue for the applicable fiscal year. The general assembly may appropriate moneys in the fund for the following purposes: (4) The state treasurer shall make the following transfers from the fund to the general fund: (b) On June 30, 2015, four million two hundred sixty thousand dollars three million one hundred eight thousand three hundred sixty-nine dollars. SECTION 2. In Session Laws of Colorado 2014, section 12 of chapter 352, amend (1) (g) and (1) (h); and repeal (1) (b) as follows: Section 12. Appropriation - adjustments to 2014 long bill. (1) For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 2014, are adjusted as follows: (b) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the marijuana tax cash fund created in section 39-28.8-501, Colorado Revised Statutes, not otherwise appropriated, to the department of law, for the fiscal year beginning July 1, 2014, the sum of $76,000, or so much thereof as may be necessary, to be allocated for peace officers standards training board support for the implementation of this act; (g) The cash funds appropriation from the marijuana cash fund created in section 12-43.3-501, Colorado Revised Statutes, to the department of revenue is decreased by $7,600,000 $1,175,328; and (h) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the marijuana tax cash fund created in section 39-28.8-501, Colorado Revised Statutes, not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 2014, the sum of $7,600,000 $1,175,328, or so much thereof as may be necessary for the implementation of this act. SECTION 3. In Session Laws of Colorado 2014, section 13 of chapter 352, amend (4), (6), and (7) as follows: Section 13. Appropriation. (4) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of health care policy and financing, for the fiscal year beginning July 1, 2014, the sum of $2,000,000 $918,656, or so much thereof as may be necessary, to be allocated for the implementation of the school-based substance abuse prevention and intervention program created in this act as follows: (a) $50,000 for the executive director's office for general professional services and special projects; and (b) $1,950,000 $868,656 for behavioral health community programs for grant awards. (6) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the marijuana tax cash fund created in section 39-28.8-501 (1), Colorado Revised Statutes, not otherwise appropriated, to the department of human services, for the fiscal year beginning July 1, 2014, the sum of $1,500,000, or so much thereof as may be necessary, for allocation to behavioral health services, substance use treatment and prevention, treatment and detoxification contracts, for the provision of substance use disorder treatment and prevention services for adolescents and pregnant women. women, including but not limited to intensive wrap around services. Any moneys appropriated in this subsection (6) not expended prior to July 1, 2015, are further appropriated to the department for the fiscal year beginning July 1, 2015, for the same purpose. (7) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the marijuana tax cash fund created in section 39-28.8-501 (1), Colorado Revised Statutes, not otherwise appropriated, to the department of human services, for the fiscal year beginning July 1, 2014, the sum of $2,000,000 $1,547,213, or so much thereof as may be necessary, for allocation to behavioral health services for the expansion and enhancement of jail-based behavioral health services. SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ____________________________ ____________________________ Bill L. Cadman Dickey Lee Hullinghorst PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO