BY REPRESENTATIVES George, Grampsas, Dyer, McElhany, Owen, Romero, Tool, and Young;
also SENATORS Wham, Lacy, Ament, Blickensderfer,
J. Johnson, and Rizzuto.
CONCERNING LIMITED AUTHORITY FOR THE CONTROLLER TO
ALLOW EXPENDITURES IN EXCESS OF APPROPRIATIONS FOR THE PURPOSE
OF ADDRESSING UNFORESEEN CIRCUMSTANCES ARISING WHEN THE GENERAL
ASSEMBLY IS NOT MEETING IN SESSION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
1 of article 75 of title 24, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
2475111. Additional authority
for controller to allow expenditures in excess of appropriations
limitations appropriations for subsequent fiscal
year restricted. (1) FOR FISCAL
YEARS COMMENCING ON OR AFTER JULY 1, 1997, IN ADDITION TO ANY
OVEREXPENDITURE ALLOWED PURSUANT TO SECTION 2475109,
THE CONTROLLER MAY ALLOW ANY DEPARTMENT, INSTITUTION, OR AGENCY
OF THE STATE, INCLUDING ANY INSTITUTION OF HIGHER EDUCATION, TO
MAKE AN EXPENDITURE IN EXCESS OF THE AMOUNT AUTHORIZED BY AN ITEM
OF APPROPRIATION FOR SUCH FISCAL YEAR IF:
(a) THE OVEREXPENDITURE IS FOR ANY PURPOSE
OF A DEPARTMENT, INSTITUTION, OR AGENCY OF THE STATE; AND
(b) THE OVEREXPENDITURE IS NECESSARY DUE
TO UNFORESEEN CIRCUMSTANCES ARISING WHILE THE GENERAL ASSEMBLY
IS NOT MEETING IN REGULAR OR SPECIAL SESSION DURING WHICH SUCH
OVEREXPENDITURE CAN BE LEGISLATIVELY ADDRESSED; AND
(c) (I) IF THE OVEREXPENDITURE IS
IN REGARD TO AN OPERATING 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:
(A) THE REQUEST FOR THE OVEREXPENDITURE
HAS BEEN SUBMITTED TO THE OFFICE OF STATE PLANNING AND BUDGETING
FOR APPROVAL AND THE OFFICE OF STATE PLANNING AND BUDGETING HAS
APPROVED THE OVEREXPENDITURE, IN WHOLE OR IN PART; AND
(B) UPON APPROVAL BY THE OFFICE OF STATE
PLANNING AND BUDGETING, THE REQUEST FOR THE OVEREXPENDITURE HAS
BEEN SUBMITTED TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY
FOR APPROVAL; AND
(C) THE REQUEST FOR THE OVEREXPENDITURE
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
(II) IF THE OVEREXPENDITURE IS IN REGARD
TO AN OPERATING 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:
(A) THE REQUEST FOR THE OVEREXPENDITURE
HAS BEEN SUBMITTED TO THE JOINT BUDGET COMMITTEE OF THE GENERAL
ASSEMBLY FOR APPROVAL; AND
(B) THE REQUEST FOR THE OVEREXPENDITURE
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
(III) IF THE OVEREXPENDITURE 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:
(A) THE REQUEST FOR THE OVEREXPENDITURE
HAS BEEN SUBMITTED TO THE OFFICE OF STATE PLANNING AND BUDGETING
FOR APPROVAL AND THE OFFICE OF STATE PLANNING AND BUDGETING HAS
APPROVED THE OVEREXPENDITURE, IN WHOLE OR IN PART; AND
(B) UPON APPROVAL BY THE OFFICE OF STATE
PLANNING AND BUDGETING, THE REQUEST FOR THE OVEREXPENDITURE HAS
BEEN SUBMITTED TO THE CAPITAL DEVELOPMENT COMMITTEE OF THE GENERAL
ASSEMBLY FOR CONSIDERATION; AND
(C) UPON THE ISSUANCE OF A WRITTEN RECOMMENDATION
REGARDING THE OVEREXPENDITURE BY THE CAPITAL DEVELOPMENT COMMITTEE,
THE REQUEST FOR THE OVEREXPENDITURE HAS BEEN SUBMITTED TO THE
JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY FOR APPROVAL; AND
(D) THE REQUEST FOR THE OVEREXPENDITURE
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
(IV) IF THE OVEREXPENDITURE 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:
(A) THE REQUEST FOR THE OVEREXPENDITURE
HAS BEEN SUBMITTED TO THE CAPITAL DEVELOPMENT COMMITTEE OF THE
GENERAL ASSEMBLY FOR CONSIDERATION; AND
(B) UPON THE ISSUANCE OF A WRITTEN RECOMMENDATION
REGARDING THE OVEREXPENDITURE BY THE CAPITAL DEVELOPMENT COMMITTEE,
THE REQUEST FOR THE OVEREXPENDITURE HAS BEEN SUBMITTED TO THE
JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY FOR APPROVAL; AND
(C) THE REQUEST FOR THE OVEREXPENDITURE
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.
(2) ANY DEPARTMENT, INSTITUTION, OR AGENCY
OF THE STATE REQUESTING AN OVEREXPENDITURE 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, AND THE JOINT BUDGET COMMITTEE, AS APPLICABLE.
(3) OVEREXPENDITURES ALLOWED PURSUANT
TO SUBSECTION (1) OF THIS SECTION SHALL BE SUBJECT TO THE FOLLOWING
REQUIREMENTS:
(a) OVEREXPENDITURES SHALL BE CONSISTENT
WITH ALL STATUTORY PROVISIONS APPLICABLE TO THE PROGRAM, FUNCTION,
OR PURPOSE FOR WHICH THE OVEREXPENDITURE IS MADE, INCLUDING THE
PROVISIONS OF APPROPRIATION ACTS.
(b) NO OVEREXPENDITURE SHALL BE ALLOWED
IN EXCESS OF THE UNENCUMBERED BALANCE OF THE FUND FROM WHICH THE
OVEREXPENDITURE IS MADE AS OF THE DATE OF THE OVEREXPENDITURE.
(4) (a) FOR ANY OVEREXPENDITURE ALLOWED
BY THE CONTROLLER IN ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION
THAT IS IN REGARD TO AN OPERATING BUDGET ITEM, THE CONTROLLER
SHALL RESTRICT, IN AN AMOUNT EQUAL TO SAID OVEREXPENDITURE, THE
CORRESPONDING ITEM OR ITEMS OF APPROPRIATION THAT ARE MADE IN
THE GENERAL APPROPRIATION ACT FOR THE FISCAL YEAR FOLLOWING THE
FISCAL YEAR FOR WHICH THE OVEREXPENDITURE IS ALLOWED. FOR THE
PURPOSES OF DETERMINING SUCH CORRESPONDING ITEM OR ITEMS OF APPROPRIATION,
THE CONTROLLER SHALL CONSIDER, IN ORDER OF IMPORTANCE, THE FUND
FROM WHICH THE OVEREXPENDITURE WAS ALLOWED, THE DEPARTMENT, INSTITUTION,
OR AGENCY THAT WAS ALLOWED TO MAKE THE OVEREXPENDITURE, AND THE
PURPOSE FOR WHICH THE OVEREXPENDITURE WAS ALLOWED.
(b) FOR ANY OVEREXPENDITURE ALLOWED BY
THE CONTROLLER IN ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION
THAT IS IN REGARD TO A CAPITAL CONSTRUCTION BUDGET ITEM, THE CONTROLLER
SHALL RESTRICT, IN AN AMOUNT EQUAL TO SAID OVEREXPENDITURE, AN
ITEM OR ITEMS OF APPROPRIATION THAT ARE MADE IN THE GENERAL APPROPRIATION
ACT FOR THE FISCAL YEAR FOLLOWING THE FISCAL YEAR FOR WHICH THE
OVEREXPENDITURE IS ALLOWED AND THAT ARE MADE FOR THE FOLLOWING
PURPOSES IN THE ORDER SPECIFIED: THE CAPITAL CONSTRUCTION BUDGET
ITEM FOR WHICH THE OVEREXPENDITURE WAS ALLOWED; ANY OTHER CAPITAL
CONSTRUCTION BUDGET ITEM OF THE DEPARTMENT, INSTITUTION, OR AGENCY
THAT WAS ALLOWED TO MAKE THE OVEREXPENDITURE; ANY OPERATING BUDGET
ITEM RELATING TO THE ADMINISTRATION OF THE DEPARTMENT, INSTITUTION,
OR AGENCY THAT WAS ALLOWED TO MAKE THE OVEREXPENDITURE; AND ANY
OTHER OPERATING BUDGET ITEM OF THE DEPARTMENT, INSTITUTION, OR
AGENCY THAT WAS ALLOWED TO MAKE THE OVEREXPENDITURE. FOR THE
PURPOSES OF DETERMINING THE ITEM OR ITEMS OF APPROPRIATION FOR
OPERATING BUDGET ITEMS TO BE RESTRICTED, THE CONTROLLER SHALL
RESTRICT THE ITEM OR ITEMS OF APPROPRIATION THAT WOULD BE THE
LEAST DISRUPTIVE TO THE OPERATIONS OF THE DEPARTMENT, INSTITUTION,
OR AGENCY.
(c) THE DEPARTMENT, INSTITUTION, OR AGENCY
SHALL NOT BE ALLOWED TO EXPEND ANY AMOUNT RESTRICTED PURSUANT
TO THIS SUBSECTION (4) UNLESS SUCH RESTRICTION IS RELEASED IN
ACCORDANCE WITH SUBSECTION (5) OF THIS SECTION.
(5) THE JOINT BUDGET COMMITTEE OF THE
GENERAL ASSEMBLY SHALL INTRODUCE A SUPPLEMENTAL APPROPRIATION
FOR THE FISCAL YEAR IN WHICH THE OVEREXPENDITURE OCCURRED FOR
THE AMOUNT OF ANY OVEREXPENDITURE ALLOWED PURSUANT TO THIS SECTION.
IF A SUPPLEMENTAL APPROPRIATION IS ENACTED FOR THE OVEREXPENDITURE
OR SOME PORTION THEREOF, THE RESTRICTION ON THE SUCCEEDING FISCAL
YEAR'S APPROPRIATION SHALL BE RELEASED IN THE AMOUNT OF THE SUPPLEMENTAL
APPROPRIATION ENACTED.
(6) OVEREXPENDITURES ALLOWED PURSUANT
TO THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION AND SUPPLEMENTAL
GENERAL FUND APPROPRIATIONS ENACTED PURSUANT TO SUBSECTION (5)
OF THIS SECTION SHALL BE CONSIDERED APPROPRIATIONS FOR THE FISCAL
YEAR IN WHICH THE OVEREXPENDITURE WAS ALLOWED AND SHALL ACCORDINGLY
BE SUBJECT TO THE LIMITATIONS AND REQUIREMENTS OF SECTION 2475201.1.
SECTION 2. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO