Colorado § 24-76-101 - Appropriation of certain federal funds.

§ 24-76-101. Appropriation of certain federal funds.

(1) The general assembly may appropriate block grant moneys in the state treasury received from any agency of the federal government, and, if so appropriated, such block grant moneys shall not be disbursed except in accordance with the appropriation. This section shall be construed so as to authorize legislative appropriation of block grant moneys, notwithstanding any other provision of law enacted prior to July 1, 1985, which authorizes any department, agency, institution, or officer of the state to apply for, receive, and expend moneys from the federal government without reference to legislative appropriation.

(2) Repealed.

(3) The following federal moneys shall not be appropriated:

(a) Moneys received from the federal government by the state for the construction, improvement, or maintenance of highways;

(b) Moneys received from the federal government by the state as grants for research at institutions of higher education.

(4) Whenever any federal law permits the transfer of block grant moneys from one block grant to another, such moneys shall not be transferred and expended unless such transfer is authorized by the general assembly, either by appropriation or by permanent law.

(5) Nothing in this section shall be construed to affect the functions of any advisory committee or advisory council which has been established to make recommendations with regard to block grant moneys.

Source: L. 85: Entire article added, p. 868, § 1, effective July 1. L. 2025: (2) repealed, (SB 25-275), ch. 377, p. 2109, § 336, effective August 6.

Editor's note: Subsection (2) was relocated to § 24-76-100.3 in 2025.

ANNOTATION

Authority for appropriation of federal block grants. The general assembly has appropriative authority when matching state funds are required as part of block grant programs and when federal legislation authorizing a block grant allows a portion of that grant to be transferred to other block grants. In all other instances, the expenditure of federal block grant funds is within the governor's executive power to make resource allocation decisions in that such funds are essentially custodial in nature. Colo. General Assembly v. Lamm, 738 P.2d 1156 (Colo. 1987).