Colorado § 24-75-111.5 - Additional authority for controller to allow expenditures for capital construction items in certain circumstances - definition.

§ 24-75-111.5. Additional authority for controller to allow expenditures for capital construction items in certain circumstances - definition.

(1) For purposes of this section, "nonmonetary adjustment" means a change that does not affect the amount of the appropriation, including a name change, an extension of time for completion, a scope change, a transfer between departments, or other such similar changes.

(2) For fiscal years commencing on or after July 1, 2015, the controller may allow any department, institution, or agency of the state, including any institution of higher education, to expend moneys differently from the authority granted by an item of appropriation for a capital construction budget item or an information technology capital project if the capital construction, controlled maintenance, capital renewal project, or information technology capital project that the appropriation was for requires a nonmonetary adjustment for its timely continuation and the nonmonetary adjustment is due to unforeseen circumstances arising while the general assembly is not meeting in regular or special session during which such nonmonetary adjustment would be legislatively addressed, under the following circumstances:

(a) If the nonmonetary adjustment is in regard to a capital construction budget item and is requested by a department, institution, or agency of the state other than the department of law, the department of the treasury, the department of state, the judicial department, or the legislative department:

(I) The request for the nonmonetary adjustment has been submitted to the office of state planning and budgeting for approval and the office of state planning and budgeting has approved the nonmonetary adjustment, in whole or in part; and

(II) Upon approval by the office of state planning and budgeting, the request for the nonmonetary adjustment has been submitted to the capital development committee for consideration; and

(III) Upon the issuance of a written recommendation regarding the nonmonetary adjustment by the capital development committee, the request for the nonmonetary adjustment has been submitted to the joint budget committee for approval; and

(IV) The request for the nonmonetary adjustment has been approved, in whole or in part, by a majority vote of the members of the joint budget committee, and the controller has received written confirmation of such approval from the joint budget committee; or

(b) If the nonmonetary adjustment is in regard to a capital construction budget item and is requested by the department of law, the department of the treasury, the department of state, the judicial department, or the legislative department:

(I) The request for the nonmonetary adjustment has been submitted to the capital development committee for consideration; and

(II) Upon the issuance of a written recommendation regarding the nonmonetary adjustment by the capital development committee, the request for the nonmonetary adjustment has been submitted to the joint budget committee for approval; and

(III) The request for the nonmonetary adjustment has been approved, in whole or in part, by a majority vote of the members of the joint budget committee, and the controller has received written confirmation of such approval from the joint budget committee.

(c) If the nonmonetary adjustment is in regard to an information technology capital project and is requested by a department, institution, or agency of the state other than the department of law, the department of the treasury, the department of state, the judicial department, or the legislative department:

(I) The request for the nonmonetary adjustment has been submitted to the office of state planning and budgeting for approval and the office of state planning and budgeting has approved the nonmonetary adjustment, in whole or in part;

(II) Upon approval by the office of state planning and budgeting, the request for the nonmonetary adjustment has been submitted to the joint technology committee of the general assembly for consideration;

(III) Upon the issuance of a written recommendation regarding the nonmonetary adjustment by the joint technology committee, the request for the nonmonetary adjustment has been submitted to the joint budget committee for approval; and

(IV) The request for the nonmonetary adjustment has been approved, in whole or in part, by a majority vote of the members of the joint budget committee, and the controller has received written confirmation of such approval from the joint budget committee; or

(d) If the nonmonetary adjustment is in regard to an information technology capital project and is requested by the department of law, the department of the treasury, the department of state, the judicial department, or the legislative department:

(I) The request for the nonmonetary adjustment has been submitted to the joint technology committee of the general assembly for consideration;

(II) Upon the issuance of a written recommendation regarding the nonmonetary adjustment by the joint technology committee, the request for the nonmonetary adjustment has been submitted to the joint budget committee for approval; and

(III) The request for the nonmonetary adjustment has been approved, in whole or in part, by a majority vote of the members of the joint budget committee, and the controller has received written confirmation of such approval from the joint budget committee.

(3) Any department, institution, or agency of the state requesting a nonmonetary adjustment pursuant to subsection (1) of this section shall make the request in such form and shall include in the request such information as may be required by the office of state planning and budgeting, the capital development committee, the joint technology committee, and the joint budget committee, as applicable.

(4) Nonmonetary adjustments must be consistent with the original purpose for which the appropriation was made and may not change the amount of the appropriation.

(5) The joint budget committee shall introduce a supplemental appropriation for the fiscal year in which the nonmonetary adjustment occurred that reflects the nonmonetary adjustment.

Source: L. 2015: Entire section added, (SB 15-208), ch. 255, p. 927, § 1, effective May 29. L. 2017: IP(2) and (3) amended and (2)(c) and (2)(d) added, (SB 17-239), ch. 350, p. 1833, § 1, effective August 9.