Colorado § 23-1-104 Financing the system of postsecondary education - report

Colorado Statutes

§ 23-1-104 — Financing the system of postsecondary education - report

Colorado § 23-1-104

Title 23Postsecondary Education

Art.Colorado Commission on

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Bluebook

Colo. Rev. Stat. § 23-1-104 (2026).

Text

(1)(a) Repealed.

(b)(I) 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 section 23-1-109.7 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 o

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(1) (a) Repealed.

(b) (I) 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 section 23-1-109.7 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, the
Colorado state university cooperative extension service, or to the state board for
community colleges and occupational education as described in subsection (1)(c.5)
of this section, such money shall not be included within the single line item
appropriations described in this subsection (1)(b).

(II) 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).

(c) 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 or the
regents of the university of Colorado, whichever is applicable, and the department
of higher education, as described in section 23-18-303.5, as separate line items to:

(I) The Colorado state forest service described in part 3 of article 31 of this
title 23;

(II) The agricultural experiment station department of the Colorado state
university described in part 6 of article 31 of this title 23;

(III) The Colorado state university cooperative extension service described in
part 7 of article 31 of this title 23; and

(IV) The center for research into substance use disorder prevention,
treatment, and recovery support strategies created in section 27-80-118.

(c.5) In addition to any appropriations made pursuant to subsection (1)(b) or
(1)(c) of this section, the general assembly may make annual appropriations of
general fund money as separate line items to the state board for community
colleges and occupational education for the in-demand short-term credentials
program created in section 23-60-1201.

(d) 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) Repealed.

(3) (a) 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.

(b) 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) (a) 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.

(b) 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:

(I) The student's family is low-income and the student is likely to incur
significant student debt in attending an institution of higher education;

(II) The student's parents did not attend postsecondary education and may
not have graduated from high school;

(III) The student is a member of an underrepresented population; or

(IV) The student has limited access to technologies to support learning.

Legislative History

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. L. 2022: (1)(b)(I) and IP(1)(c) amended, (SB 22-212), ch. 421, p. 2973, � 44, effective August 10. L. 2023: (1)(b)(I) amended and (1)(c.5) added, (HB 23-1246), ch. 199, p. 1018, � 4, effective May 16. L. 2025: (2) repealed, (SB 25-233), ch. 119, p. 482, � 1, effective April 25.