Senate Bill 25-263

BY SENATOR(S) Amabile and Bridges, Kirkmeyer;

also REPRESENTATIVE(S) Bird and Taggart, Sirota.

Concerning statutes governing spending authority, and, in connection therewith, extending the repeal date of certain statutes that allow transfers and overexpenditures in limited circumstances and clarifying which transfers between appropriations are for like purposes.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  In Colorado Revised Statutes, 24-75-105, amend (2) as follows:

24-75-105.  Transfers required to implement conditional and centralized appropriations - repeal. (2)  This section is repealed, effective September 1, 2025September 1, 2030.

SECTION 2.  In Colorado Revised Statutes, 24-75-106, amend (2) as follows:

24-75-106.  Transfers between departments of health care policy and financing and human services for materially similar items of appropriation for medicaid programs - limitation - repeal. (2)  This section is repealed, effective September 1, 2025September 1, 2030.

SECTION 3.  In Colorado Revised Statutes, 24-75-106.5, amend (5) as follows:

24-75-106.5.  Transfers between departments of health care policy and financing and human services for corresponding items of appropriation - limitations - repeal. (5)  This section is repealed, effective September 1, 2025September 1, 2030.

SECTION 4.  In Colorado Revised Statutes, 24-75-107, amend (2) as follows:

24-75-107.  Cash fund transfers pursuant to sections 24-75-105 and 24-75-106 - repeal. (2)  This section is repealed, effective September 1, 2025September 1, 2030.

SECTION 5.  In Colorado Revised Statutes, 24-75-108, amend (1), (2) introductory portion, and (11); and add (2)(h) as follows:

24-75-108.  Intradepartmental transfers between appropriations - definition - repeal. (1)  Upon approval by the governor, the head of a principal department of state government may, on or after May 1 of any fiscal year and before the forty-fifth day after the close of such fiscal year, transfer moneysmoney from one item of appropriation made to the principal department in the general appropriation act to another item of appropriation made to the same principal department in said act; except that such transfers shallmust be made only between appropriations for like purposes. A transfer is between appropriations for like purposes when both line items of appropriation are for the same specified purpose, as those purposes are defined in section 24-75-112. All transfers made pursuant to this section shall beare between appropriations made for the expiring fiscal year.

(2)  None of the following transfers shall beare deemed to be between like purposes within the meaning of subsection (1) of this section:

(h)  Transfers between any line items of appropriation in the department of corrections that are not explicitly authorized in a footnote to the annual general appropriation act.

(11)  This section is repealed, effective September 1, 2025September 1, 2030.

SECTION 6.  In Colorado Revised Statutes, 24-75-109, amend (6) as follows:

24-75-109.  Controller may allow expenditures in excess of appropriations - limitations - appropriations for subsequent fiscal year restricted - repeal. (6)  The controller may allow overexpenditures pursuant to this section only for the fiscal years beginning on or after July 1, 1998, but prior to July 1, 2025July 1, 2030. This section is repealed, effective September 1, 2025September 1, 2030.

SECTION 7.  In Colorado Revised Statutes, 24-75-110, amend (2) as follows:

24-75-110.  Limitation on judicial department - repeal. (2)  This section is repealed, effective September 1, 2025September 1, 2030.

SECTION 8.  Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.