§ 24-75-230. Behavioral and Mental Health Cash Fund – Creation – Allowable Uses – Task Force – Definitions – Repeal

1. As used in this section, unless the context otherwise requires:
   1. “American Rescue Plan Act of 2021” means the federal “American Rescue Plan Act of 2021”, Pub.L. 117-2, as the act may be subsequently amended.
   2. “Department” means a principal department identified in section 24-1-110 and the judicial department. The term also includes the office of the governor, including any offices created therein.
   3. “Fund” means the behavioral and mental health cash fund created in subsection (2)(a) of this section or an identical companion fund created by operation of section 24-75-226 (4)(c).
2. 1. The behavioral and mental health cash fund is created in the state treasury. The fund consists of money credited to the fund in accordance with subsection (2)(b) of this section and any other money that the general assembly may appropriate or transfer to the fund. To respond to the public health emergency with respect to COVID-19 or its negative economic impacts, the general assembly may appropriate money from the fund to a department for mental health treatment, substance misuse treatment, and other behavioral health services.
   2. 1. Three days after June 28, 2021, the state treasurer shall transfer five hundred fifty million dollars from the “American Rescue Plan Act of 2021” cash fund created in section 24-75- 226 to the fund.
      2. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
3. A department may expend money appropriated from the fund for purposes permitted under the “American Rescue Plan Act of 2021” Pub.L. 117-2, as the act may be subsequently amended, and shall not use the money for any purpose prohibited by the act. A department or any person who receives money from the fund shall comply with any requirements set forth in section 24-75-226.
4. 1. The executive committee of the legislative council shall, by resolution, create a task force to meet during the 2021 interim and issue a report with recommendations to the general assembly and the governor on policies to create transformational change in the area of behavioral health using money the state receives from the federal coronavirus state fiscal recovery fund under title IX, subtitle M of the “American Rescue Plan Act of 2021”, Pub.L. 117-2, as the act may be subsequently amended.
   2. The task force may include nonlegislative members and have working groups created to assist them. The executive committee shall hire a facilitator to guide the work of the task force.
   3. The task force created in this section is not subject to the requirements specified in section 2-3-303.3 or rule 24A of the joint rules of the senate and the house of representatives. The executive committee shall specify requirements governing members’ participation in the task force. The task force shall not submit bill drafts as part of their recommendations.
5. This section is repealed, effective July 1, 2027.

Source: L. 2021: Entire section added, (SB 21-137), ch. 362, p. 2384, § 32, effective June 28.

Editor’s note: Section 38 of chapter 362 (SB 21-137), Session Laws of Colorado 2021, provides that this section takes effect only if SB 21-288 (chapter 221) becomes law and takes effect either upon the effective date of SB 21-137 or one day after the passage of SB 21-288, whichever is later. SB 21-288 became law and took effect June 11, 2021, and SB 21-137 took effect June 28, 2021.

Cross references: 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.