House Bill 25-1313 Introduced

A Bill for an Act

• Page 1, Line 101Concerning modifications to certain laws that are within

• Page 1, Line 102the purview of the capital development committee.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)

Capital Development Committee.Section 1 of the bill modifies procedures for election of a chair and a vice-chair of the capital development committee (CDC) to require that the chair and the vice-chair be elected annually at the CDC's first December meeting. Additionally, the bill clarifies how the role of chair and vice-chair are served. In even-numbered years, the chair is a member from the senate and the vice-chair is a member from the house of representatives and in odd-numbered years the chair is a member from the house of representatives and the vice-chair is a member from the senate.

Section 2 removes the requirement that the transportation commission annually submit capital requests to the CDC.

Current law requires the Colorado commission on higher education (commission) to request annually from the governing board of each state institution of higher education (institution) a 2-year projection of certain capital construction projects to be undertaken by an institution which is then submitted to the CDC for review and approval. Section 3 adjusts law to align with current practice by:

• Requiring that projections be reviewed at the commission's next available meeting;
• Repealing the requirement that an institution amend the projection prior to commencing a project if the project is not in the institution's most recent projection;
• Repealing the requirement that the commission annually prepare a unified, 2-year report for capital construction or capital renewal projects acquired or constructed and operated and maintained solely using cash funds held by an institution that are not for new acquisitions of real property or new construction and are estimated to require total project expenditures exceeding $10 million;
• Repealing the requirement that the commission annually prepare a unified, 2-year report for capital construction projects for new acquisitions of real property or for new construction that are estimated to require total project expenditures exceeding $2 million;
• Clarifying deadlines for the CDC to hold a hearing to review projections;
• Repealing the requirement that the CDC hold a hearing regarding projections whenever a projection is amended; and
• Repealing the requirement that the CDC review and approve guidelines prepared by the office of the state architect regarding the classification of facilities as academic facilities or auxiliary facilities.

Section 4 extends the deadline for the state treasurer's office to submit to the CDC and other agencies its annual report on the fiscal health of institutions from September 1 to March 1 of each year, beginning with the report that is due for the 2025-26 fiscal year.

Section 5 specifies November 1 of each year as a date certain by which agencies and institutions must encumber money for their capital construction projects. Under current law, if an agency or institution will not encumber money for its capital construction project within the period specified, it may request that the CDC recommend to the controller that the deadline be waived for that project. Section 5 modifies this allowance so that an agency or institution may request that the CDC recommend that the deadline be extended for a 6-month period.

Section 6 adjusts law to align with current practice by changing the date from January 1, which is always a holiday, to January 2 for the office of state planning and budgeting to submit to the CDC its updates to its recommended priority of funding for capital construction projects as part of the November 1 budget package.

Section 7 clarifies that any capital construction project that the CDC, in consultation with the council on creative industries, agrees does not meet the original purpose of the art in public places program may be exempt from the requirements of the program.

Section 8 clarifies that when a capital construction project receives a supplemental appropriation, it is available for the remainder of the state fiscal year for which the supplemental appropriation act was enacted and for the next 2 subsequent state fiscal years.

• Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 3, Line 2SECTION 1.  In Colorado Revised Statutes, 2-3-1302, amend (2) as follows:

• Page 3, Line 32-3-1302.  Capital development committee established. (2)  The

• Page 3, Line 4capital development committee shall elect a chair and a vice-chair at the

• Page 3, Line 5first meeting held on or after October 15 in each odd-numbered year and

• Page 3, Line 6at the first December meeting held after the general election in each

• Page 3, Line 7even-numbered each year. The chair and vice-chair appointments must

• Page 3, Line 8alternate between a member from the house of representatives and a

• Page 3, Line 9member from the senate with the first chair being from the senate and the

• Page 3, Line 10first vice-chair being from the house of representatives in

• Page 3, Line 11even-numbered years and with the chair being from the house of

• Page 3, Line 12representatives and the vice-chair being from the senate in

• Page 3, Line 13odd-numbered years.The person serving as chair, or a member of the

• Page 3, Line 14same house if such person is no longer a member thereof, shall serve as

• Page 3, Line 15vice-chair during the next legislative session, and the person serving as

• Page 4, Line 1vice-chair, or a member of the same house if such person is no longer a member thereof, shall serve as chair during the next legislative session.

• Page 4, Line 2SECTION 2.  In Colorado Revised Statutes, 2-3-1304, amend (1)(a.5) as follows:

• Page 4, Line 32-3-1304.  Powers and duties of capital development

• Page 4, Line 4committee. (1)  The capital development committee has the following powers and duties:

• Page 4, Line 5(a.5)  To study the request from any requests submitted by the

• Page 4, Line 6transportation commission for state highway reconstruction, repair, and

• Page 4, Line 7maintenance projects to be funded from money transferred to the capital

• Page 4, Line 8construction fund pursuant to section 24-75-302 (2), C.R.S., specifically

• Page 4, Line 9for such purpose. On or before October 1 of each year, the transportation

• Page 4, Line 10commission shall may submit its request, based on the statewide

• Page 4, Line 11transportation improvement programs, with a prioritized list of

• Page 4, Line 12recommended state highway reconstruction, repair, and maintenance

• Page 4, Line 13projects with the priority of projects on the list determined on the basis of

• Page 4, Line 14greatest need without regard to location in the state. If the

• Page 4, Line 15transportation commission submits a request, the capital

• Page 4, Line 16development committee shall determine from the submitted request

• Page 4, Line 17the number of projects on the list that may be funded from money

• Page 4, Line 18available in the capital construction fund for state highway reconstruction,

• Page 4, Line 19repair, or maintenance projects. Only projects on the list may be funded

• Page 4, Line 20from money available in the capital construction fund for state highway

• Page 4, Line 21reconstruction, repair, or maintenance projects, and the projects must be

• Page 4, Line 22funded in the priority determined by the transportation commission;

• Page 4, Line 23except that, if a project on the list cannot be funded because an alternative

• Page 4, Line 24source of funding for the project has become available, a court order has

• Page 5, Line 1enjoined the project, or an act of God has made the project construction

• Page 5, Line 2unfeasible, the transportation commission shall submit the next phase of

• Page 5, Line 3that project or the next project on that regional priority list to the capital

• Page 5, Line 4development committee for approval as an addition to the list in lieu of

• Page 5, Line 5the project that cannot be funded. No substitute project submitted by the

• Page 5, Line 6transportation commission from the regional priority list shall be

• Page 5, Line 7approved by the capital development committee if funding said project

• Page 5, Line 8would result in the delay of any other project on the list. Upon approval

• Page 5, Line 9of an amended list, the department of transportation shall provide a copy

• Page 5, Line 10of the amended list to the members of the joint budget committee, the

• Page 5, Line 11transportation, housing, and energy local government committee in

• Page 5, Line 12the house of representatives, and the transportation and energy

• Page 5, Line 13committee in the senate, or any successor committees. Projects on the

• Page 5, Line 14list submitted by the transportation commission by October 1 or on an

• Page 5, Line 15amended list submitted as provided in this paragraph (a.5) subsection

• Page 5, Line 16(1)(a.5) may be funded from money transferred to the capital construction

• Page 5, Line 17fund and available in the current fiscal year or money to be transferred to

• Page 5, Line 18the capital construction fund for the fiscal year beginning the following July 1.

• Page 5, Line 19SECTION 3.  In Colorado Revised Statutes, 23-1-106, amend

• Page 5, Line 20(6)(b), (7)(c), (9)(a), (9)(b), and (10.2)(b)(I) introductory portion; and repeal (9)(e) as follows:

• Page 5, Line 2123-1-106.  Duties and powers of the commission with respect

• Page 5, Line 22to capital construction and long-range planning - report - legislative

• Page 5, Line 23declaration - definitions. (6) (b)  The commission shall request annually

• Page 5, Line 24from the governing board of each state institution of higher education a

• Page 5, Line 25review, at its next available meeting, any two-year projection of

• Page 6, Line 1capital construction projects submitted by a state institution of

• Page 6, Line 2higher education to be undertaken pursuant to subsection (9) of this

• Page 6, Line 3section and estimated to require total project expenditures exceeding two

• Page 6, Line 4million dollars if the capital construction project is for new acquisitions

• Page 6, Line 5of real property or new construction and funded solely from cash funds

• Page 6, Line 6held by the institution or the project is funded through the higher

• Page 6, Line 7education revenue bond intercept program established pursuant to section

• Page 6, Line 823-5-139, or exceeding ten million dollars if the project is not for new

• Page 6, Line 9acquisitions of real property or new construction and is funded solely

• Page 6, Line 10from cash funds held by the institution. The projection must include the

• Page 6, Line 11estimated cost, the method of funding, and a schedule for project

• Page 6, Line 12completion for each project. A state institution of higher education shall

• Page 6, Line 13amend the projection prior to commencing a project that is not included in the institution's most recent projection.

• Page 6, Line 14(7) (c) (I) (A)  The commission annually shall prepare a unified,

• Page 6, Line 15two-year report for capital construction or capital renewal projects

• Page 6, Line 16described in subsection (9) of this section that are not for new

• Page 6, Line 17acquisitions of real property or new construction and are estimated to

• Page 6, Line 18require total project expenditures exceeding ten million dollars,

• Page 6, Line 19coordinated with education plans. The commission shall transmit the

• Page 6, Line 20report to the office of state planning and budgeting, the governor, the

• Page 6, Line 21capital development committee, and the joint budget committee, consistent with the executive budget timetable.

• Page 6, Line 22(B)  The commission annually shall prepare a unified, two-year

• Page 6, Line 23report for capital construction projects for new acquisitions of real

• Page 6, Line 24property or for new construction, estimated to require total project

• Page 6, Line 25expenditures exceeding two million dollars, coordinated with education

• Page 7, Line 1plans. The commission shall transmit the report to the office of state

• Page 7, Line 2planning and budgeting, the governor, the capital development

• Page 7, Line 3committee, and the joint budget committee, consistent with the executive budget timetable.

• Page 7, Line 4(II) (A)   The commission shall submit the two-year projections

• Page 7, Line 5prepared by each state institution institutions of higher education for

• Page 7, Line 6each two-year period to the office of state planning and budgeting and the

• Page 7, Line 7capital development committee. The capital development committee shall

• Page 7, Line 8conduct a hearing in each regular legislative session on the projections

• Page 7, Line 9within thirty days after submission during a regular legislative

• Page 7, Line 10session of the general assembly or within forty-five days after

• Page 7, Line 11submission during any period that the general assembly is not in

• Page 7, Line 12regular legislative session and either approve the projections or

• Page 7, Line 13return the projections to the state institution of higher education for

• Page 7, Line 14modification. The commission and the office of state planning and

• Page 7, Line 15budgeting shall provide the capital development committee with comments concerning each projection.

• Page 7, Line 16(B)  A state institution of higher education may submit to the staff

• Page 7, Line 17of the capital development committee, the commission, and the office of

• Page 7, Line 18state planning and budgeting an amendment to its approved two-year

• Page 7, Line 19projection. The capital development committee shall conduct a hearing

• Page 7, Line 20on the amendment within thirty days after submission during a regular

• Page 7, Line 21legislative session of the general assembly or within forty-five days after

• Page 7, Line 22submission during any period that the general assembly is not in regular

• Page 7, Line 23legislative session. The capital development committee shall either

• Page 7, Line 24approve the projections or return the projections to the state institution of

• Page 7, Line 25higher education for modification. The commission and the office of state

• Page 8, Line 1planning and budgeting shall provide the capital development committee with comments concerning each amendment.

• Page 8, Line 2(9) (a)  Except as provided in paragraph (d) of this subsection (9)

• Page 8, Line 3subsection (9)(d) of this section, a capital construction or capital

• Page 8, Line 4renewal project for an auxiliary facility initiated by the governing board

• Page 8, Line 5of a state institution of higher education that is contained in the most

• Page 8, Line 6recent two-year projection approved pursuant to subparagraph (II) of

• Page 8, Line 7paragraph (c) of subsection (7) of this section, as the projection may be

• Page 8, Line 8amended from time to time has been approved by the capital

• Page 8, Line 9development committee as part of a two-year projection within

• Page 8, Line 10the last two calendar years, and that is to be acquired or constructed

• Page 8, Line 11and operated and maintained solely from cash funds held by the

• Page 8, Line 12institution, is not subject to additional review or approval by the

• Page 8, Line 13commission, the office of state planning and budgeting, the capital

• Page 8, Line 14development committee, or the joint budget committee; except that, if the

• Page 8, Line 15capital construction or capital renewal project for an auxiliary facility is

• Page 8, Line 16to be acquired or constructed in whole or in part using moneys money

• Page 8, Line 17subject to the higher education revenue bond intercept program

• Page 8, Line 18established pursuant to section 23-5-139, then the governing board of a

• Page 8, Line 19state institution of higher education must obtain approval from the general assembly as specified in that section.

• Page 8, Line 20(b)  Except as provided in paragraph (d) of this subsection (9)

• Page 8, Line 21subsection (9)(d) of this section, a capital construction or capital

• Page 8, Line 22renewal project for an academic facility initiated by the governing board

• Page 8, Line 23of a state institution of higher education that is contained in the most

• Page 8, Line 24recent two-year projection approved pursuant to subparagraph (II) of

• Page 8, Line 25paragraph (c) of subsection (7) of this section, as the projection may be

• Page 9, Line 1amended from time to time has been approved by the capital

• Page 9, Line 2development committee as part of a two-year projection within

• Page 9, Line 3the last two calendar years, and that is to be acquired or constructed

• Page 9, Line 4solely from cash funds held by the institution and operated and

• Page 9, Line 5maintained from such funds or from state moneys money appropriated

• Page 9, Line 6for such purpose, or both, is not subject to additional review or approval

• Page 9, Line 7by the commission, the office of state planning and budgeting, the capital

• Page 9, Line 8development committee, or the joint budget committee; except that, if the

• Page 9, Line 9capital construction or capital renewal project for an academic facility is

• Page 9, Line 10to be acquired or constructed in whole or in part using moneys money

• Page 9, Line 11subject to the higher education revenue bond intercept program

• Page 9, Line 12established pursuant to section 23-5-139, then the governing board of a

• Page 9, Line 13state institution of higher education must obtain approval from the general

• Page 9, Line 14assembly as specified in that section. Any capital construction or capital

• Page 9, Line 15renewal project subject to this paragraph (b) subsection (9)(b) must

• Page 9, Line 16comply with the high performance standard certification program established pursuant to section 24-30-1305.5. C.R.S.

• Page 9, Line 17(e)  A capital construction or acquisition project approved and

• Page 9, Line 18appropriated prior to January 1, 2010, may be contained in the most

• Page 9, Line 19recent unified two-year capital improvements project projection approved

• Page 9, Line 20pursuant to subparagraph (II) of paragraph (c) of subsection (7) of this

• Page 9, Line 21section. The projection may be amended from time to time and is not

• Page 9, Line 22subject to additional review or approval by the commission, the office of

• Page 9, Line 23state planning and budgeting, the capital development committee, or the joint budget committee.

• Page 9, Line 24(10.2) (b) (I)  The general assembly hereby finds, determines, and

• Page 9, Line 25declares that the classification of facilities as academic facilities or

• Page 10, Line 1auxiliary facilities can be difficult, and such classifications often change

• Page 10, Line 2as academic needs, student needs, and new construction and design

• Page 10, Line 3practices emerge. Therefore, the office of the state architect, in

• Page 10, Line 4collaboration with the department of higher education and the office of

• Page 10, Line 5state planning and budgeting, shall develop guidelines in order to assist

• Page 10, Line 6such classification. The guidelines shall be annually reviewed and

• Page 10, Line 7approved by the capital development committee. The guidelines must

• Page 10, Line 8address the following two factors that have historically been considered when classifying academic facilities and auxiliary facilities:

• Page 10, Line 9SECTION 4.  In Colorado Revised Statutes, 23-5-139, amend (1)(d)(I) introductory portion as follows:

• Page 10, Line 1023-5-139.  Higher education revenue bond intercept program

• Page 10, Line 11- definitions. (1) (d) (I)  No later than September 1, 2016, and each

• Page 10, Line 12September 1 thereafter until the report that is due for state fiscal

• Page 10, Line 13year 2025-26 which is due no later than March 1, 2026, and each

• Page 10, Line 14March 1 thereafter for subsequent reports, the state treasurer shall

• Page 10, Line 15provide the capital development committee, the joint budget committee,

• Page 10, Line 16the Colorado commission on higher education, and the office of state planning and budgeting with a report that includes:

• Page 10, Line 17SECTION 5.  In Colorado Revised Statutes, 24-30-1404, amend

• Page 10, Line 18(7)(a), (7)(b), (7)(c) introductory portion, (7)(e), and (7)(f); repeal (7)(g)

• Page 10, Line 19and (7)(h); and add (7)(c)(V), (7)(c)(VI), (7)(c)(VII), and (7)(c)(VIII) as follows:

• Page 10, Line 2024-30-1404.  Contracts - definition. (7) (a)  Except as provided

• Page 10, Line 21in subsections (7)(b), (7)(c), (7)(e), and (7)(f) (7)(g), and (7)(h) of this

• Page 10, Line 22section, any professional services contract entered into pursuant to the

• Page 10, Line 23provisions of this part 14 shall must be executed and encumbered within

• Page 11, Line 1six months after the date on which on or before November 1 of the

• Page 11, Line 2state fiscal year for which the appropriation that includes the project

• Page 11, Line 3for which the professional services are required becomes law is

• Page 11, Line 4authorized. If no professional services contract is required for a

• Page 11, Line 5particular project, the contract with the contractor for the project shall

• Page 11, Line 6must be entered into within six months after on or before November

• Page 11, Line 71 of the state fiscal year for which the appropriation is authorized.

• Page 11, Line 8If a state agency or state institution of higher education determines that

• Page 11, Line 9the nature of a particular project is such that the deadlines imposed by this

• Page 11, Line 10section cannot be met, the state agency or state institution of higher

• Page 11, Line 11education may request the capital development committee to recommend

• Page 11, Line 12to the controller that the deadline be waived extended for that project.

• Page 11, Line 13The controller, in consultation with the capital development committee

• Page 11, Line 14may grant a waiver from an extension of the deadlines. This subsection

• Page 11, Line 15(7) shall not apply to projects under the supervision of the department of

• Page 11, Line 16transportation. This subsection (7) shall not affect any priority established

• Page 11, Line 17pursuant to section 44-40-111 (11) in the general appropriation act for

• Page 11, Line 18expenditures for projects to be financed from net lottery proceeds

• Page 11, Line 19appropriated for capital construction. An extension that is

• Page 11, Line 20recommended or granted pursuant to this subsection (7)(a) shall not exceed six months.

• Page 11, Line 21(b) (I)  The deadlines established in paragraph (a) of this

• Page 11, Line 22subsection (7) shall apply to This subsection (7) does not affect any

• Page 11, Line 23priority established pursuant to section 44-40-111 (11) in the

• Page 11, Line 24general appropriation act for expenditures for projects to be

• Page 11, Line 25financed from net lottery proceeds appropriated for capital

• Page 11, Line 26construction.

• Page 12, Line 1(II)  For projects funded with net lottery proceeds, but the

• Page 12, Line 2six-month period shall begin to run only any professional services

• Page 12, Line 3contract must be executed and encumbered and any contract

• Page 12, Line 4with the contractor must be entered into within six months of

• Page 12, Line 5when an agency receives a distribution from such proceeds for a particular project.

• Page 12, Line 6(c)  This subsection (7) shall does not apply to:

• Page 12, Line 7(V)  Projects under the supervision of the department of transportation;

• Page 12, Line 8(VI)  A capital construction project at a state institution

• Page 12, Line 9of higher education that is to be constructed solely with cash

• Page 12, Line 10funds held by the institution, federal funds made available for the project, or a combination of both;

• Page 12, Line 11(VII)  The state board of land commissioners, established

• Page 12, Line 12in article 1 of title 36, in connection with contract expenditures

• Page 12, Line 13from the state board of land commissioners investment and

• Page 12, Line 14development fund created in section 36-1-153, or the commercial real property operating fund created in section 36-1-153.7; or

• Page 12, Line 15(VIII)  Information technology projects that are overseen

• Page 12, Line 16by the joint technology committee pursuant to part 17 of article

• Page 12, Line 173 of title 2. As used in this subsection (7)(c)(VIII), "information

• Page 12, Line 18technology" has the same meaning as set forth in section 2-3-1701 (7).

• Page 12, Line 19(e)  In the event that the governor restricts or delays the

• Page 12, Line 20expenditure of moneys money for a project for which a professional

• Page 12, Line 21services contract is required pursuant to the authority granted to the

• Page 12, Line 22governor in section 24-75-201.5, the running of the six-month deadline

• Page 13, Line 1deadlines imposed in paragraph (a) of this subsection (7) subsection

• Page 13, Line 2(7)(a) of this section for such projects shall be tolled until such time as

• Page 13, Line 3the restriction or delay is no longer in effect, at which time the

• Page 13, Line 4professional services contract must be executed and

• Page 13, Line 5encumbered and any contract with the contractor must be entered into within six months.

• Page 13, Line 6(f)  In the event that an appropriation is made to a state agency or

• Page 13, Line 7state institution of higher education for allocation to other state agencies

• Page 13, Line 8or state institutions of higher education, the six-month period applies

• Page 13, Line 9deadline to the execution and encumbrance of execute and encumber

• Page 13, Line 10a contract by the agency or institution receiving the allocation and begins

• Page 13, Line 11to run is six months from the date of the allocation by the agency or

• Page 13, Line 12institution that received the original appropriation. Nothing in this

• Page 13, Line 13paragraph (f) shall be subsection (7)(f) is construed to extend the duration of any appropriation.

• Page 13, Line 14(g)  This subsection (7) shall not apply to:

• Page 13, Line 15(I)  A capital construction project at a state institution of higher

• Page 13, Line 16education that is to be constructed solely from cash funds held by the

• Page 13, Line 17institution or federal funds made available for the project or a combination of the cash funds and the federal funds; or

• Page 13, Line 18(II)  The state board of land commissioners, established in article

• Page 13, Line 191 of title 36, C.R.S., in connection with contract expenditures from the

• Page 13, Line 20state board of land commissioners investment and development fund

• Page 13, Line 21created in section 36-1-153, C.R.S., or the commercial real property operating fund created in section 36-1-153.7, C.R.S.

• Page 13, Line 22(h)  The six-month deadline imposed by subsection (7)(a) of this

• Page 13, Line 23section does not apply to information technology projects that are

• Page 14, Line 1overseen by the joint technology committee pursuant to part 17 of article

• Page 14, Line 23 of title 2. As used in this subsection (7)(h), "information technology" has the meaning provided in section 2-3-1701 (7).

• Page 14, Line 3SECTION 6.  In Colorado Revised Statutes, 24-37-304, amend (1)(c.3)(III) as follows:

• Page 14, Line 424-37-304.  Additional budgeting responsibilities. (1)  In

• Page 14, Line 5addition to the responsibilities enumerated in section 24-37-302, the office of state planning and budgeting shall:

• Page 14, Line 6(c.3) (III)  The office may modify the recommended priority of

• Page 14, Line 7funding of capital construction or capital renewal projects of each state

• Page 14, Line 8agency and state institution of higher education for the upcoming fiscal

• Page 14, Line 9year no later than the January 1 January 2 of the year following the

• Page 14, Line 10original submission described in sub-subparagraph (C) of subparagraph (I) of this paragraph (c.3) subsection (1)(c.3)(I)(C) of this section.

• Page 14, Line 11SECTION 7.  In Colorado Revised Statutes, 24-48.5-312, amend (3)(a)(III)(H) as follows:

• Page 14, Line 1224-48.5-312.  Art in public places program - allocations from

• Page 14, Line 13capital construction costs - guidelines - fund created - definitions.

• Page 14, Line 14(3) (a) (III)  The requirements specified in this subsection (3)(a) do not apply to:

• Page 14, Line 15(H)  Any capital construction projects that the capital development

• Page 14, Line 16committee, in consultation with the council, agrees do not meet the

• Page 14, Line 17original purpose of the requirement specified in this paragraph (a), and

• Page 14, Line 18determines by affirmative vote that the project meets one of the

• Page 14, Line 19exceptions allowed in sub-subparagraphs (A) to (G) of this subparagraph (III) subsection (3)(a)(I) or (3)(a)(II) of this section.

• Page 14, Line 20SECTION 8.  In Colorado Revised Statutes, 24-75-303, amend (5)(a)(II) as follows:

• Page 15, Line 124-75-303.  Appropriation for capital construction.

• Page 15, Line 2(5) (a)  Except for an appropriation for a financed purchase of an asset or

• Page 15, Line 3certificate of participation payment, except as provided in subsection

• Page 15, Line 4(5)(b) of this section, and unless otherwise noted in a footnote in an

• Page 15, Line 5appropriation act, an appropriation for a capital construction budget item

• Page 15, Line 6or an information technology capital project, including capital

• Page 15, Line 7construction, controlled maintenance, or capital renewal projects, as such terms are defined in section 24-30-1301, included in:

• Page 15, Line 8(II)  A supplemental appropriation act authorized or required by

• Page 15, Line 9section 2-3-208, 24-37-304, 24-75-111 (5), or 24-75-111.5 (5) is available

• Page 15, Line 10for expenditure upon enactment of the supplemental appropriation act and

• Page 15, Line 11remains available for expenditure or encumbrance for three the

• Page 15, Line 12remainder of the fiscal year during which the supplemental

• Page 15, Line 13appropriation act was enacted and for the nexttwo full fiscal

• Page 15, Line 14years commencing with the fiscal year during which the supplemental

• Page 15, Line 15appropriation act was enacted thereafter, or until the project is

• Page 15, Line 16completed, whichever is first; except that expenditures and nonmonetary

• Page 15, Line 17adjustments allowed under section 24-75-111 or 24-75-111.5 are available for expenditure as specified in such sections.

• Page 15, Line 18SECTION 9.  Act subject to petition - effective date. This act

• Page 15, Line 19takes effect at 12:01 a.m. on the day following the expiration of the

• Page 15, Line 20ninety-day period after final adjournment of the general assembly; except

• Page 15, Line 21that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 15, Line 22of the state constitution against this act or an item, section, or part of this

• Page 15, Line 23act within such period, then the act, item, section, or part will not take

• Page 15, Line 24effect unless approved by the people at the general election to be held in

• Page 16, Line 1November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.