Colorado § 24-75-108 - Intradepartmental transfers between appropriations - definition - repeal.

§ 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 money 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 must 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 are between appropriations made for the expiring fiscal year.

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

(a) and (b) (Deleted by amendment, L. 2010, (HB 10-1119), ch. 340, p. 1574, § 10, effective August 11, 2010.)

(c) Transfers from any item of appropriation into a lease purchase item;

(d) Transfers between governing boards of institutions of higher education;

(e) Transfers between capital construction projects; except that transfers between specific maintenance projects or between controlled maintenance projects may be made as authorized in the general appropriation act;

(f) Transfers made to match federal funds for a program which has not been authorized by law;

(g) Transfers of cash-spending authority which operate to increase appropriations of moneys out of one cash fund by decreasing appropriations of moneys out of a different cash fund in a corresponding amount if such transfers increase the total spending authority for all fund sources within a program. A transfer of cash spending authority shall not authorize a transfer of cash between cash funds.

(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.

(3) (a) (Deleted by amendment, L. 2010, (HB 10-1119), ch. 340, p. 1574, § 10, effective August 11, 2010.)

(b) Any savings realized from an energy cost-savings contract pursuant to section 24-30-2003 may be transferred to an operating expense item for the purpose of making an annual payment on a financed purchase of an asset or certificate of participation agreement under such contract.

(4) All transfers within a department or within an office involving cash funds shall be consistent with statutes governing the use of such cash funds.

(5) Transfers between items of appropriation made to the judicial department may be made, upon approval by the chief justice of the Colorado supreme court, to the same extent and subject to the same limitations as transfers within a principal department as authorized by subsections (1) to (4) of this section. Transfers between items of appropriation made to the judicial department shall also be subject to the limitation in section 24-75-110.

(6) Transfers between items of appropriation made to the office of the governor, including the office of state planning and budgeting, may be made, upon approval by the governor, to the same extent and subject to the same limitations as transfers within a principal department as authorized by subsections (1) to (4) of this section.

(7) The transfers authorized by this section shall be in addition to any other transfers within a department or within an office which are authorized by law or which are authorized in the general appropriation act and are required to implement appropriations conditioned on the distribution or transfer of the appropriated amounts.

(8) The total amount of money transferred between items of appropriation made to principal departments of state government and to the office of the governor pursuant to this section, other than transfers within a principal department from an operating expense item to a utilities item, from a utilities item to an operating expense item pursuant to subsection (3)(b) of this section, or from a utilities item to a utilities item, shall not exceed ten million dollars.

(9) The governor shall report to the joint budget committee no later than October 1 after the close of the fiscal year on the transfers approved by the governor and by the chief justice pursuant to this section and section 24-75-106 and on overexpenditures allowed under section 24-75-109.

(10) The transfers authorized by this section shall apply to the 1990-91 and subsequent general appropriation acts.

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

(12) As used in this section, "utilities" means water, sewer service, electricity, or other fuel sources, equipment purchased for the purpose of utility cost savings, payments made to private companies for services rendered or equipment installed for the purpose of reducing utility costs, financed purchase of an asset or certificate of participation payments to private companies for the purpose of reducing utility costs, and all heating fuels.

Source: L. 86: Entire section added, p. 962, § 1, effective May 27. L. 89: Entire section RC&RE, p. 1095, § 4, effective May 16. L. 91: Entire section RC&RE, p. 848, § 4, effective April 27. L. 94: (8) and (11) amended, p. 1460, § 4, effective May 25. L. 99: (11) amended, p. 697, § 5, effective May 19. L. 2001: (3) and (8) amended and (12) added, p. 1092, § 2, effective August 8. L. 2004: (11) amended, p. 1520, § 5, effective May 28. L. 2009: (11) amended, (HB 09-1222), ch. 231, p. 1064, § 5, effective May 4. L. 2010: (2)(a), (2)(b), (3)(a), (8), and (11) amended, (HB 10-1119), ch. 340, p. 1574, § 10, effective August 11. L. 2013: (3)(b) amended, (SB 13-254), ch. 403, p. 2363, § 4, effective June 5. L. 2020: (11) amended, (HB 20-1426), ch. 306, p. 1558, § 8, effective July 14. L. 2021: (3)(b) and (12) amended, (HB 21-1316), ch. 325, p. 2029, § 39, effective July 1; (8) amended, (SB 21-287), ch. 421, p. 2791, § 2, effective July 2. L. 2025: (1), IP(2), and (11) amended and (2)(h) added, (SB 25-263), ch. 128, p. 497, § 5, effective April 25.

Editor's note: (1) This section was numbered as § 24-75-109 in House Bill 86-1354 but was renumbered on revision for ease of location.

(2) Prior to the recreations of this section in 1989 and 1991, subsections (9) and (13) provided for the repeal of this section, effective September 1, 1986 (see L. 86, p. 962) and September 1, 1990 (see L. 89, p. 1095).

Cross references: In 2010, subsections (2)(a), (2)(b), (3)(a), (8), and (11) were amended by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". For the short title, see section 1 of chapter 340, Session Laws of Colorado 2010.