§ 23-1-104. Financing the System of Postsecondary Education – Report

1. 1. Repealed.
   2. 1. For the 2010-11 fiscal year and for fiscal years beginning on or after July 1, 2016, the general assembly shall make annual appropriations of general fund money, of cash funds received from tuition income, and of money that is estimated to be received by an institution, under the direction and control of the governing board, as stipends, as defined in section 23-18-102, and through fee-for-service contracts, as authorized in sections 23-1-109.7 and 23-18-303 or 23-18-303.5, whichever is applicable, as a single line item to each governing board for the operation of its campuses; except that, if the general assembly appropriates money, as described in subsection (1)(c) of this section, to the Colorado state forest service, the agricultural experiment station department of the Colorado state university, or the Colorado state university cooperative extension service, such money shall not be included within the single line item appropriations described in this subsection (1)(b).
      2. For the 2010-11 fiscal year and for fiscal years beginning on or after July 1, 2016, the general assembly shall also make annual appropriations of cash funds, other than cash funds received as tuition income or as fees, as a single line item to each governing board for the operation of its campuses. Each governing board shall allocate said cash fund appropriations to the institutions under its control in the manner deemed most appropriate by the governing board; except that, if the general assembly appropriates money pursuant to section 23-31.5-112 or 27-80-118, that money is not included within the single line item appropriation described in this subsection (1)(b)(II).
   3. In addition to any appropriations made pursuant to subsection (1)(a) or (1)(b) of this section, the general assembly may make annual appropriations of general fund money and of money received pursuant to a fee-for-service contract negotiated by the board of governors of the Colorado state university system and the department of higher education, as described in section 23-18-303 or 23-18-303.5, whichever is applicable, as separate line items to:
      1. The Colorado state forest service described in part 3 of article 31 of this title 23;
      2. The agricultural experiment station department of the Colorado state university described in part 6 of article 31 of this title 23;
      3. The Colorado state university cooperative extension service described in part 7 of article 31 of this title 23; and
      4. The center for research into substance use disorder prevention, treatment, and recovery support strategies created in section 27-80-118.
   4. In accordance with the provisions of section 5 of article VIII of the state constitution, the governing boards of the state institutions of higher education shall have control and direction of any moneys received by their respective institutions in addition to the moneys appropriated pursuant to this subsection (1), unless otherwise provided by statute.
2. Notwithstanding any provision of this section to the contrary, beginning in the 2011-12 fiscal year and for each fiscal year thereafter through the 2020-21 fiscal year, the general assembly shall appropriate moneys to the governing board of the Colorado school of mines in accordance with section 23-41-104.7, through fee-for-service contracts, as authorized in sections 23-1-109.7 and 23-18-303, and as stipends, as defined in section 23-18-102, as a single line item to said governing board.
3. 1. Notwithstanding the provisions of section 24-75-102, the governing boards are authorized to retain all money appropriated pursuant to this section or otherwise generated from fiscal year to fiscal year.
   2. All moneys raised by a governing board shall be available for expenditure by such governing board and shall not be transferred or otherwise made available for expenditure by any other governing board or by a state entity or state agency; except that said moneys may be transferred to the department of higher education or the Colorado commission on higher education to the extent required to pay indirect cost assessments, as defined in section 24-75-112 (1)(f), C.R.S.

   (3.5) Each governing board shall report to the Colorado commission on higher education, using approved forms, the institution’s plans for any tuition or other proposed increases for the following fiscal year. The commission shall review the plans and make recommendations to the general assembly during the annual budget process.

4. 1. On or before November 10, 2010, each governing board shall submit to the commission and to the joint budget committee of the general assembly a report describing, with regard to each institution under its governance, the governing board’s plans to fund the institution in the following fiscal year if the general assembly reduces overall state funding for higher education by fifty percent.
   2. Each governing board’s report prepared pursuant to this subsection (4) shall specifically address the manner in which the institutions governed by the governing board shall serve students who graduate from Colorado high schools and are enrolling as first-time freshmen students and meet one or more of the following criteria:
      1. The student’s family is low-income and the student is likely to incur significant student debt in attending an institution of higher education;
      2. The student’s parents did not attend postsecondary education and may not have graduated from high school;
      3. The student is a member of an underrepresented population; or
      4. The student has limited access to technologies to support learning.

Source: L. 85: Entire article R&RE, p. 752, § 1, effective July 1. L. 87: (1) amended, p. 839, § 1, effective June 16. L. 89: (1)(c) amended, p. 975, § 1, effective May 26; (2) amended, p. 1643, § 5, effective June 5. L. 90: (3) amended, p. 1138, § 1, effective July 1. L. 93: (1)(a), (2), and (3) amended, p. 1511, § 14, effective June 6; (1)(a)(I) amended, p. 2122, § 2, effective June 11. L. 96: (1)(a)(III) added, p. 790, § 2, effective May 23; (1)(a)(I) amended and (1.5) added, p. 1830, § 2, effective June 5. L. 97: (1.5) amended, p. 1644, § 2, effective June 5. L. 2002: (4), (5), and (6) added, p. 1279, § 4, effective July 1; (7) and (8) added, p. 1259, § 17, effective July 1. L. 2003: (4)(c.5) and (7)(b.5) added, p. 397, § § 1, 2, effective March 5; IP(5) and (6)(c) amended and (5.5) and (9) added, p. 775, § 3, effective March 25; (7)(a), (7)(b), and (8)(b) amended, p. 1993, § 36, effective May 22. L. 2004: (8)(b) amended, p. 1200, § 59, effective August 4; (1)(a)(I) and (1)(d) amended, p. 718, § 7, effective July 1, 2005; (1.5)(b) and (2)(c) added by revision, pp. 723, 724, §§ 15, 18. L. 2008: (1)(a)(II) amended, p. 118, § 2, effective March 19; (1)(a)(I) amended, p. 274, § 1, effective March 31; (1)(a)(I) amended and (1)(a)(IV) added, p. 980, § 1, effective May 21. L. 2010: Entire section R&RE, (SB 10-003), ch. 391, p. 1839, § 4, effective June 9. L. 2011: (1)(b)(II) amended, (HB 11-1301), ch. 297, p. 1418, § 4, effective August 10; (2) amended, (HB 11-1074), ch. 61, p. 160, § 2, effective August 10. L. 2014: (1)(a)(I), (1)(b)(I), IP(1)(c), and (2) amended, (HB 14-1319), ch. 169, p. 612, § 9, effective May 9. L. 2016: (1)(b)(II) amended, (SB 16-191), ch. 214, p. 825, § 1, effective July 1. L. 2017: (3)(a) amended and (3.5) added, (SB 17-297), ch. 210, p. 819, § 9, effective May 18. L. 2019: (1)(b)(II) amended, (HB 19-1311), ch. 344, p. 3193, § 2, effective August 2. L. 2020: (1)(b)(I) and IP(1)(c) amended, (HB 20-1366), ch. 181, p. 833, § 9, effective July 1, 2021. L. 2021: (1)(b)(II) and (1)(c) amended, (SB 21-137), ch. 362, p. 2362, § 3, effective June 28.

Editor’s note:

1. Subsections (7) and (8) were originally numbered as (4) and (5) in House Bill 02-1419 but were renumbered on revision for ease of location.
2. Prior to the repeal and reenactment of this section in 2010, subsection (1)(b) provided for the repeal of subsection (1)(b), effective July 1, 1989. (See L. 87, p. 839 .) Subsection (1)(c)(II) provided for the repeal of subsection (1)(c), effective July 1, 1991. (See L. 89, p. 975 .) Subsection (4)(d) provided for the repeal of subsection (4), effective July 1, 2003. (See L. 2002, p. 1279 .) Subsection (7)(c) provided for the repeal of subsection (7), effective July 1, 2003. (See L. 2002, p. 1259 .) Subsection (9)(b) provided for the repeal of subsection (9), effective July 1, 2004. (See L. 2003, p. 775 ). Subsection (1.5)(b) provided for the repeal of subsection (1.5), effective July 1, 2005. (See L. 2004, pp. 723, 724.) Subsection (2)(c) provided for the repeal of subsection (2), effective July 1, 2005. (See L. 2004, pp. 723, 724.)
3. Amendments to subsection (1)(a)(I) by House Bill 08-1320 and Senate Bill 08-232 were harmonized.
4. Subsection (1)(a)(II) provided for the repeal of subsection (1)(a), effective July 1, 2016. (See L. 2010, p. 1839 .)

Cross references: (1) For the legislative declaration contained in the 2002 act enacting subsections (4), (5), and (6), see section 1 of chapter 307, Session Laws of Colorado 2002.

(2) For the legislative declaration contained in the 2002 act enacting subsections (7) and (8), see section 1 of chapter 303, Session Laws of Colorado 2002.

(3) For the legislative findings and declarations contained in the 2004 act amending subsections (1)(a)(I) and (1)(d), see section 1 of chapter 215, Session Laws of Colorado 2004.

(4) For the legislative declaration in the 2010 act amending this section, see section 1 of chapter 391, Session Laws of Colorado 2010.

(5) For the short title (“Behavioral Health Recovery Act of 2021”) and the legislative declaration in SB 21-137, see sections 1 and 2 of chapter 362, Session Laws of Colorado 2021.