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(1)\nThe moneys in the general fund exempt account created in section\n24-77-103.6 (2)\nshall be appropriated or transferred in the following manner:\n(a)\n(I)\nIf available, the amount set forth in subparagraph (II) of this paragraph (a) shall be used as follows:\n(A)\nIf the voters of the state approve the ballot issue set forth in House Joint Resolution 05-1057, enacted at the first regular session of the sixty-fifth general assembly and submitted to the voters as referendum 'D', the general assembly may appropriate moneys from the account to the critical needs fund created in section\n24-115-111\nto make payments on principal and interest on critical needs notes issued pursuant to section\n24-115-110\n. Such an appropriation shall be an authorized use of moneys in the account pursuant to the provisions of section\n24-77-103.6 (2)(b), (2)(c), and (2)(d)\n.\n(B)\nIf the voters of the state do not approve referendum 'D', if the principal and interest on notes issued pursuant to section\n24-115-110\nis less than the amount set forth in subparagraph (II) of this paragraph (a), or if the general assembly elects not to appropriate moneys to the critical needs fund to repay the

section\n24-115-110\nis less than the amount set forth in subparagraph (II) of this paragraph (a), or if the general assembly elects not to appropriate moneys to the critical needs fund to repay the principal and interest on notes issued pursuant to section\n24-115-110\n, moneys in the account shall be used in a manner consistent with section\n24-77-103.6 (2)\n.\n(II)\nThe 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.\n(b)\nIf 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:\n(I)\nFunding for health care, which shall be limited to the uses set forth in subsection (2) of this section;\n(II)\nFunding for preschool through twelfth grade education, which shall be limited to the uses set forth in subsection (3) of this section; and\n(III)\nFunding for the benefit of students

section;\n(II)\nFunding for preschool through twelfth grade education, which shall be limited to the uses set forth in subsection (3) of this section; and\n(III)\nFunding 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.\n(2)\n(a)\nFunding for health care, as used in subparagraph (I) of paragraph (b) of subsection (1) of this section, shall be limited to funding for:\n(I)\nHealth care for Colorado's elderly, low-income, and disabled populations, including:\n(A)\nPhysician visits;\n(B)\nHospital visits;\n(C)\nLong-term care services, including nursing home care, home-based care, and community-based services;\n(D)\nPrescription drugs;\n(E)\nMental health services;\n(F)\nPrenatal care;\n(G)\nImmunizations;\n(H)\nServices for persons with developmental disabilities; and\n(I)\nMedical services premiums;\n(II)\nPrograms to lower the cost of health insurance premiums for individuals and small businesses.\n(b)\nAll of the uses set forth in paragraph (a) of this subsection (2) are permitted under section\n24-77-103.6 (2)(a)\n.

the cost of health insurance premiums for individuals and small businesses.\n(b)\nAll of the uses set forth in paragraph (a) of this subsection (2) are permitted under section\n24-77-103.6 (2)(a)\n. 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).\n(3)\n(a)\nFunding for preschool through twelfth grade education, as used in subsection (1)(b)(II) of this section, is limited to funding for:\n(I)\nPer-pupil funding for preschool through twelfth grade education through the 'Public School Finance Act of 2025', article 54 of title 22, or any successor act;\n(II)\nCapital construction projects related to preschool through twelfth grade public education;\n(III)\nKindergarten and preschool programs;\n(IV)\nLibraries;\n(V)\nTextbooks;\n(VI)\nStudent assessment and accountability;\n(VII)\nRepealed.\n(VIII)\nSchool breakfast and lunch programs; and\n(IX)\nCategorical programs as defined in section 17 (2)(a) of article IX of the state constitution.\n(b)\nAs used in section\n24-77-103.6 (6)(a)(I)\n, 'public elementary and high school education' means preschool

ical programs as defined in section 17 (2)(a) of article IX of the state constitution.\n(b)\nAs used in section\n24-77-103.6 (6)(a)(I)\n, '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\n24-77-103.6 (2)(b)\n. 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).\n(c)\nMoneys 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.\n(4)\n(a)\nFunding 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:\n(I)\nNeed-based financial aid;\n(II)\nMerit-based financial aid;\n(III)\nThe college opportunity fund program created in parts 1 and 2 of article 18 of title 23,

section, is limited to funding for:\n(I)\nNeed-based financial aid;\n(II)\nMerit-based financial aid;\n(III)\nThe college opportunity fund program created in parts 1 and 2 of article 18 of title 23, C.R.S.;\n(IV)\nFee-for-service contracts authorized pursuant to section\n23-18-303.5\n;\n(V)\nCapital construction projects related to higher education;\n(VI)\nWork-study programs;\n(VII)\nTuition for qualified Indian pupils who attend Fort Lewis college;\n(VIII)\nLocal district college grants; and\n(IX)\nArea technical college grants.\n(b)\nAll of the uses set forth in paragraph (a) of this subsection (4) are permitted under section\n24-77-103.6 (2)(b)\n. 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).\n(5)\nAs used in this section, 'account' means the general fund exempt account created in section\n24-77-103.6 (2)\n.\nAmended by 2024 Ch. 236,§ 59, eff. 5/23/2024.\nAmended by 2020 Ch. 181, § 18, eff. 7/1/2021.\nAmended by 2019 Ch. 435, § 2, eff. only if HB 19-1257 is approved by the voters at the 2019 statewide election and becomes law.

6,§ 59, eff. 5/23/2024.\nAmended by 2020 Ch. 181, § 18, eff. 7/1/2021.\nAmended by 2019 Ch. 435, § 2, eff. only if HB 19-1257 is approved by the voters at the 2019 statewide election and becomes law. HB 19-1257 was not approved by the voters so this amendment did not take place.\nAmended by 2016 Ch. 58, § 42, eff. 8/10/2016.\nAmended by 2015 Ch. 130, § 1, eff. 5/1/2015.\nAmended by 2014 Ch. 169, § 17, eff. 5/9/2014.\nL. 2005: Entire section added, p. 1357, § 1, effective 6/6/2005. L. 2012: (3)(a)(VII) repealed, (HB 12-1238), ch. 674, p. 674, § 22, effective July 1. L. 2014: (4)(a)(III) and (4)(a)(IV) amended, (HB 14-1319), ch. 615, 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. 403, p. 403, § 1, effective May 1. L. 2016: (4)(a)(IX) amended, (HB 16 -1082), ch. 152, p. 152, § 42, effective August 10. L. 2020: IP(4)(a) and (4)(a)(IV) amended, (HB 20-1366), ch. 835, p. 835, § 18, effective 7/1/2021.\nSection 6 of chapter 435 (HB 19-1258), Session Laws of Colorado 2019, provides that the act changing this section takes effect only if HB 19-1257 is approved by the voters at the 2019 statewide election and

6 of chapter 435 (HB 19-1258), Session Laws of Colorado 2019, provides that the act changing this section takes effect only if HB 19-1257 is approved by the voters at the 2019 statewide election and becomes law. HB 19-1257 contains a referendum clause and was submitted to a vote of the registered electors of the state of Colorado at the statewide election in November 2019. HB 19-1257 was not approved so this amendment did not take place.