Colorado § 22-60.5-112 - Fees - fund - report - repeal.

§ 22-60.5-112. Fees - fund - report - repeal.

(1) (a) The fee for the examination and review of an application for any license, endorsement, or authorization, or any renewal or reinstatement, shall be established by the state board of education and is nonrefundable. Upon determination of eligibility, such license, endorsement, or authorization must be issued without an additional fee. The state board of education shall adjust, if necessary, all such fees annually so that they generate an amount of revenue that approximates the direct and indirect costs of the state board of education and of the department for the administration of this article 60.5; however, the state board of education shall establish and adjust such fees for licenses issued pursuant to section 22-60.5-201 (1)(a) so that the fees generate an amount of revenue that approximates the direct and indirect costs of the state board of education and the department for the administration of sections 22-60.5-201 (1)(a) and 22-60.5-205. All fees collected pursuant to this section must be transmitted to the state treasurer and credited to the educator licensure cash fund, which fund is hereby created and referred to in this subsection (1) as the "cash fund". The general assembly may designate general fund money to the educator licensure cash fund to supplement educator fees. The general assembly shall make annual appropriations from the general fund or cash fund for expenditures of the state board of education and of the department incurred in the administration of this article 60.5. At the end of any fiscal year, all unexpended and unencumbered moneys in the cash fund remain in the cash fund and must not be credited or transferred to the general fund or any other fund.

(b) (I) Notwithstanding subsection (1)(a) of this section to the contrary, for the 2011-12 fiscal year through the 2029-30 fiscal year, the money in the cash fund is continuously appropriated to the department to offset the direct and indirect costs incurred by the state board of education and the department in administering this article 60.5. In each of the fiscal years, the general appropriation bill must, for informational purposes, reflect the estimated amount of expenditures, including any funding for personnel, from the cash fund.

(II) On or before November 1, 2029, the department shall report to the education committees of the house of representatives and the senate, or any successor committees, and the joint budget committee of the general assembly concerning the revenue credited to, and expenditures from, the cash fund and shall make a recommendation whether the continuous appropriation authority should be maintained.

(III) (Deleted by amendment, L.2024.)

(IV) This subsection (1)(b) is repealed, effective July 1, 2031.

(2) Notwithstanding any provision of this section to the contrary, on March 5, 2003, the state treasurer shall deduct one hundred forty-three thousand five hundred thirty-five dollars from the educator licensure cash fund and transfer such sum to the general fund.

Source: L. 91: Entire article added, p. 479, § 1, effective June 6. L. 97: Entire section amended, p. 1657, § 6, effective June 5. L. 2000: Entire section amended, p. 1858, § 64, effective August 2. L. 2003: Entire section amended, p. 456, § 11, effective March 5. L. 2011: (1) amended, (HB 11-1201), ch. 139, p. 483, § 2, effective May 4. L. 2013: (1)(b) amended, (HB 13-1219), ch. 104, p. 364, § 15, effective August 7. L. 2015: (1)(b) amended, (SB 15-111), ch. 75, p. 198, § 1, effective April 3. L. 2018: (1)(b)(I), (1)(b)(II), and (1)(b)(IV) amended, (HB 18-1100), ch. 40, p. 460, § 1, effective March 15. L. 2021: (1)(b)(I), (1)(b)(II), and (1)(b)(IV) amended, (SB 21-206), ch. 84, p. 355, § 1, effective May 4; (1)(a) amended, (HB 21-1104), ch. 245, p. 1321, § 6, effective September 7. L. 2024: (1)(b) amended, (HB 24-1391), ch. 95, p. 308, § 1, effective April 18.

Cross references: For the legislative declaration in HB 21-1104, see section 1 of chapter 245, Session Laws of Colorado 2021.