CO Code § 24-77-104.5 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 77 - State Fiscal Policies Relating to Section 20 of Article X of the State Constitution|§ 24-77-104.5. General Fund Exempt Account - Referendum C Money - Specification of Uses for Health Care and Education - Definitions

  The moneys in the general fund exempt account created in section 24-77-103.6 (2) shall be appropriated or transferred in the following manner:     If available, the amount set forth in subparagraph (II) of this paragraph (a) shall be used as follows: (a) (I) If available, the amount set forth in subparagraph (II) of this paragraph (a) shall be used as follows:    The amount appropriated or transferred pursuant to this subsection (1) shall be fifty-five million dollars in the state fiscal year 2005-06, ninety-five million dollars in state fiscal year 2006-07, and one hundred twenty-five million dollars in each subsequent state fiscal year.       If there are any moneys in the account after the appropriations or transfers required by paragraph (a) of this subsection (1) are made, then all moneys remaining in the account shall be split equally for the following three purposes:   Funding for health care, which shall be limited to the uses set forth in subsection (2) of this section;    Funding for preschool through twelfth grade education, which shall be limited to the uses set forth in subsection (3) of this section; and    Funding for the benefit of students attending community colleges and other institutions of higher education, which shall be limited to the uses set forth in subsection (4) of this section.            Funding for health care, as used in subparagraph (I) of paragraph (b) of subsection (1) of this section, shall be limited to funding for: (2) (a) Funding for health care, as used in subparagraph (I) of paragraph (b) of subsection (1) of this section, shall be limited to funding for:   Health care for Colorado's elderly, low-income, and disabled populations, including:      Medical services premiums;    Programs to lower the cost of health insurance premiums for individuals and small businesses.       All of the uses set forth in paragraph (a) of this subsection (2) are permitted under section 24-77-103.6 (2)(a). The general assembly shall not be required to appropriate or transfer moneys from the account for all of the programs and services set forth in paragraph (a) of this subsection (2).      Physician visits;    Hospital visits;    Long-term care services, including nursing home care, home-based care, and community-based services;    Prescription drugs;    Mental health services;    Prenatal care;    Immunizations;    Services for persons with developmental disabilities; and         Funding for preschool through twelfth grade education, as used in subparagraph (II) of paragraph (b) of subsection (1) of this section, shall be limited to funding for: (3) (a) Funding for preschool through twelfth grade education, as used in subparagraph (II) of paragraph (b) of subsection (1) of this section, shall be limited to funding for:   Per-pupil funding for preschool through twelfth grade education through the "Public School Finance Act of 1994", article 54 of title 22, C.R.S., or any successor act;    Capital construction projects related to preschool through twelfth grade public education;    Kindergarten and preschool programs;    Libraries;    Textbooks;    Student assessment and accountability;    Repealed.    School breakfast and lunch programs; and    Categorical programs as defined in section 17 (2)(a) of article IX of the state constitution.       As used in section 24-77-103.6 (6)(a)(I), "public elementary and high school education" means preschool through twelfth grade public education. Accordingly, all of the uses set forth in paragraph (a) of this subsection (3) are permitted under section 24-77-103.6 (2)(b). The general assembly shall not be required to appropriate or transfer moneys from the account for all of the programs and services set forth in paragraph (a) of this subsection (3).    Moneys from the account appropriated or transferred for funding for preschool through twelfth grade education may count as part of the general assembly's general fund maintenance of effort that is required pursuant to section 17 (5) of article IX of the state constitution.         [Editor's note: This version of subsection (4)(a) introductory portion is effective until July 1, 2021.] Funding for the benefit of students attending community colleges and other institutions of higher education, as used in subparagraph (III) of paragraph (b) of subsection (1) of this section, shall be limited to funding for:   Need-based financial aid;    Merit-based financial aid;    The college opportunity fund program created in parts 1 and 2 of article 18 of title 23, C.R.S.;    [ ] Fee-for-service contracts authorized pursuant to section 23-18-303, C.R.S.;    [ ] Fee-for-service contracts authorized pursuant to section 23-18-303.5;    Capital construction projects related to higher education;    Work-study programs;    Tuition for qualified Indian pupils who attend Fort Lewis college;    Local district college grants; and    Area technical college grants.       All of the uses set forth in paragraph (a) of this subsection (4) are permitted under section 24-77-103.6 (2)(b). The general assembly shall not be required to appropriate or transfer moneys from the account for all of the programs and services set forth in paragraph (a) of this subsection (4).       As used in this section, "account" means the general fund exempt account created in section 24-77-103.6 (2).     (4)   (a) [Editor's note: This version of subsection (4)(a) introductory portion is effective July 1, 2021.] Funding for the benefit of students attending community colleges and other institutions of higher education, as used in subsection (1)(b)(III) of this section, is limited to funding for:  Editor's note: This version of subsection (4)(a)(IV) is effective until July 1, 2021. Editor's note: This version of subsection (4)(a)(IV) is effective July 1, 2021.  Source: L. 2005: Entire section added, p. 1357, § 1, effective June 6, 2005. L. 2012: (3)(a)(VII) repealed, (HB 12-1238), ch. 180, p. 674, § 22, effective July 1. L. 2014: (4)(a)(III) and (4)(a)(IV) amended, (HB 14-1319), ch. 169, p. 615, § 17, effective May 9. L. 2015: (4)(a)(IV) and (4)(a)(V) amended and (4)(a)(VI) to (4)(a)(IX) added, (SB 15-238), ch. 130, p. 403, § 1, effective May 1. L. 2016: (4)(a)(IX) amended, (HB 16-1082), ch. 58, p. 152, § 42, effective August 10. L. 2020: IP(4)(a) and (4)(a)(IV) amended, (HB 20-1366), ch. 181, p. 835, § 18, effective July 1, 2021.