CO Code § 24-22-118 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 22 - State Treasurer|§ 24-22-118. Revenue From Nicotine Products and Additional Tobacco Taxes - 2020 Tax Holding Fund - Preschool Programs Cash Fund - Creation - Definitions

 [Editor's note: This section takes effect only if a ballot issue is approved by the people at the next regular general election in November 2020. See the editor's note following this section.]    The 2020 tax holding fund is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to sections 39-28-110 (1)(b), 39-28.5-108 (1)(b), and 39-28.6-109 (2).    The state treasurer shall transfer the money in the 2020 tax holding fund as follows:   For the fiscal year commencing on July 1, 2020:   Five million four hundred seventy-five thousand dollars to the tobacco tax cash fund created in section 24-22-117 (1);    Two million twenty-five thousand dollars to the general fund;    Eleven million one hundred sixty-six thousand dollars to the housing development grant fund created in section 24-32-721 (1);    Five hundred thousand dollars to the eviction legal defense fund created in section 13-40-127 (2);    Twenty-five million dollars to the rural schools cash fund created in section 22-54-142; and    The remainder to the state education fund created in section 17 (4) of article IX of the state constitution.       For the fiscal year commencing on July 1, 2021:   Ten million nine hundred fifty thousand dollars to the tobacco tax cash fund created in section 24-22-117 (1);    Four million fifty thousand dollars to the general fund;    Eleven million one hundred sixty-seven thousand dollars to the housing development grant fund created in section 24-32-721 (1);    Five hundred thousand dollars to the eviction legal defense fund created in section 13-40-127 (2);    Thirty million dollars to the rural schools cash fund created in section 22-54-142; and    The remainder to the state education fund created in section 17 (4) of article IX of the state constitution;       For the fiscal year commencing on July 1, 2022:   Ten million nine hundred fifty thousand dollars to the tobacco tax cash fund created in section 24-22-117 (1);    Four million fifty thousand dollars to the general fund;    Eleven million one hundred sixty-seven thousand dollars to the housing development grant fund created in section 24-32-721 (1);    Five hundred thousand dollars to the eviction legal defense fund created in section 13-40-127 (2);    Thirty-five million dollars to the rural schools cash fund created in section 22-54-142; and    The remainder to the state education fund created in section 17 (4) of article IX of the state constitution;       For the fiscal year commencing on July 1, 2023:   Ten million nine hundred fifty thousand dollars to the tobacco tax cash fund created in section 24-22-117 (1);    Four million fifty thousand dollars to the general fund; and    The remainder to the preschool programs cash fund created in subsection (3) of this section;       For each fiscal year commencing on or after July 1, 2024, but before July 1, 2027:   Ten million nine hundred fifty thousand dollars to the tobacco tax cash fund created in section 24-22-117 (1);    Four million fifty thousand dollars to the general fund;    Twenty million dollars to the tobacco education programs fund created in section 24-22-117 (2)(c)(I); and    The remainder to the preschool programs cash fund created in subsection (3) of this section;       For each fiscal year commencing on or after July 1, 2027:   Ten million nine hundred fifty thousand dollars to the tobacco tax cash fund created in section 24-22-117 (1);    Four million fifty thousand dollars to the general fund;    Thirty million dollars to the tobacco education programs fund created in section 24-22-117 (2)(c)(I); and    The remainder to the preschool programs cash fund created in subsection (3) of this section.       The state treasurer shall make the transfers required by this subsection (2) on an ongoing basis throughout the fiscal year. If there is insufficient revenue to transfer the specific amounts required by this subsection (2) for a fiscal year, then the state treasurer shall proportionally reduce each of the transfers.         The preschool programs cash fund is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (2) of this section and money transferred to the fund pursuant to section 39-28-116 (6). The state treasurer shall credit all interest and income derived from the deposit and investment of money in the preschool programs cash fund to the fund. The general assembly shall annually appropriate money in the preschool programs cash fund to a designated department for the purposes set forth in this subsection (3). (3) (a) The preschool programs cash fund is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (2) of this section and money transferred to the fund pursuant to section 39-28-116 (6). The state treasurer shall credit all interest and income derived from the deposit and investment of money in the preschool programs cash fund to the fund. The general assembly shall annually appropriate money in the preschool programs cash fund to a designated department for the purposes set forth in this subsection (3).      A designated department shall prioritize its use of money from the preschool programs cash fund to expand and enhance the Colorado preschool program or any successor program in order to offer at least ten hours per week of voluntary preschool free of charge to every child in Colorado during the last year of preschool before his or her entry to kindergarten. (b) (I) A designated department shall prioritize its use of money from the preschool programs cash fund to expand and enhance the Colorado preschool program or any successor program in order to offer at least ten hours per week of voluntary preschool free of charge to every child in Colorado during the last year of preschool before his or her entry to kindergarten.    The designated department shall use the money remaining in the preschool programs cash fund after the use identified in subsection (3)(b)(I) of this section to provide additional preschool programming for low-income families and children at risk of entering kindergarten without being school ready.       In designing a program that is funded through this subsection (3), a designated department must ensure that the program addresses the following:   Programmatic administration that allows for parent choice, ensures school-based and community-based programs that meet quality and program standards are able to participate, prioritizes community needs in a manner that will support and strengthen the diversity of birth through kindergarten entry service providers, and will help to achieve state and local mixed delivery goals;    High-quality programming that helps prepare children for kindergarten;    Coordination with existing early childhood systems and initiatives, funding streams, and advancing alignment with kindergarten through twelfth grade systems to support children's transitions to school;    Opportunities for evidence-based parent, family, and community engagement; and    An evaluation of early childhood education program effectiveness, including the impact of preschool on child and family outcomes.       In furtherance of the purposes set forth in subsection (3)(b) of this section and in order to meet an expansion of current preschool populations, a designated department may use money in the fund to ensure the availability of quality, voluntary, mixed-delivery preschool by means the department deems appropriate including:   Recruiting, training, and retaining early childhood education professionals;    Expanding or improving the staff, facilities, equipment, technology, and physical infrastructure of preschool programs offered by licensed providers so as to increase preschool access;    Parent and family outreach to facilitate timely and effective enrollment; and    Such other uses as are consistent with and further the purpose of this section.       The designated department may use money appropriated from the preschool programs cash fund for the costs of a third-party entity that administers the program established on behalf of the designated department in accordance with this subsection (3).    As used in this subsection (3), "designated department" means one or more departments that the general assembly has determined to be best qualified to administer the Colorado preschool program or any successor program to ensure the availability of quality, voluntary, mixed-delivery preschool by appropriating money from the preschool programs cash fund to the department or departments.       The state auditor shall annually conduct a financial audit of the use of the money allocated and appropriated under this section.     Source: L. 2020: Entire section added, (HB 20-1427), ch. 248, p. 1207, § 22, effective (see editor's note).   Editor's note: Section 27(2) of chapter 248 (HB 20-1427), Session Laws of Colorado 2020, provides that this section takes effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401.