First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0928.01 Megan McCall x4215
SENATE BILL 25-262
Senate Committees House Committees
Appropriations
A BILL FOR AN ACT
C
ONCERNING CHANGES TO THE AMO UNT OF MONEY IN THE CAPITAL101
CONSTRUCTION FUND .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Joint Budget Committee. Under current law, all unappropriated
balances in the capital construction fund (fund) and in the information
technology capital account, a special account within the fund, (IT
subaccount) at the close of any fiscal year must remain in the fund or the
IT subaccount, respectively, and do not revert to the general fund.
Additionally, all unexpended or unencumbered money from an
SENATE SPONSORSHIP
Amabile and Kirkmeyer, Bridges
HOUSE SPONSORSHIP
Bird and Taggart, Sirota
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. appropriation from the fund or the IT subaccount to a state agency or state
institution of higher education reverts to the fund or the IT subaccount,
as applicable, at the end of the period for which the money is
appropriated.
For state fiscal years commencing on or after July 1, 2025, the bill
requires that the state treasurer transfer any unappropriated balances in
the fund or the IT subaccount or any otherwise unexpended and
unencumbered money remaining in the fund or the IT subaccount at the
end of a fiscal year to the general fund. Further, the bill requires that, for
state fiscal years commencing on or after July 1, 2025, all unexpended or
unencumbered money from an appropriation from the fund or the IT
subaccount to a state agency or state institution of higher education
reverts to the general fund at the end of the period for which the money
is appropriated.
The bill also requires that the following transfers be made by the
state treasurer on July 1, 2025:
! $129,498,033 from the general fund to the fund;
! $500,000 from the general fund exempt account of the
general fund to the fund;
! $20,557,433 from the general fund to the IT subaccount;
and
! $3,230,000 from the marijuana tax cash fund to the IT
subaccount.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-75-302, amend2
(1)(a), (2)(tt), (2)(uu), (2.3)(o), (2.3)(p), (2.5)(r), (2.5)(s), (3.7)(a), and3
(13); and add (2)(vv), (2.3)(q), and (2.5)(t) as follows:4
24-75-302. Capital construction fund - capital assessment fees5
- calculation - information technology capital account. (1) (a) There
6
is hereby created The capital construction fund IS CREATED. The fund7
consists of moneys MONEY transferred to the fund by the general8
assembly and moneys MONEY credited to the fund pursuant to section9
24-30-1310. Moneys MONEY in the capital construction fund may be10
appropriated for capital construction, capital renewal, controlled11
maintenance, or state highway reconstruction, repair, and maintenance12
SB25-262-2- projects as requested pursuant to section 43-1-113 (2.5); C.R.S.; except1
that any moneys MONEY transferred to the capital construction fund for2
state highway reconstruction, repair, and maintenance projects may only3
be appropriated for such projects. The appropriation for projects must be4
set forth in a single line item as a total sum. F
OR STATE FISCAL YEARS5
COMMENCING ON OR BEFORE JULY 1, 2024, all unappropriated balances in6
the fund at the close of any fiscal year must remain in the fund and may7
not revert to the general fund. F
OR STATE FISCAL YEARS COMMENCING ON8
OR AFTER JULY 1, 2025, THE STATE TREASURER SHALL TRANSFER ANY9
UNAPPROPRIATED BALANCES IN THE FUND OR ANY OTHERWISE10
UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT11
THE END OF A FISCAL YEAR TO THE GENERAL FUND . All unexpended or12
unencumbered moneys
MONEY from a capital construction fund13
appropriation to a state agency or state institution of higher education for14
any fiscal year reverts, FOR STATE FISCAL YEARS COMMENCING ON OR15
BEFORE JULY 1, 2024, to the capital construction fund, AND, FOR STATE16
FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2025, TO THE GENERAL17
FUND at the end of the period for which the moneys are MONEY IS18
appropriated. Except as provided in sections 2-3-1304 (1)(a.5) and19
24-30-1303.7 (1), C.R.S., no portion of the unexpended balance of a state20
agency's or state institution of higher education's capital construction fund21
appropriation may be used by the state agency or the state institution of22
higher education for any additional projects that are beyond the scope or23
design of the original project without further approval by the capital24
development committee of such additional project. Anticipation warrants25
or checks may be issued against the revenues of the fund as provided by26
law. Except as provided in subsection (7) of this section, all interest27
SB25-262
-3- earned from the investment of moneys MONEY in the capital construction1
fund must remain in the fund and become a part thereof.2
(2) The controller shall transfer a sum as specified in this3
subsection (2) from the general fund to the capital construction fund as4
money becomes available in the general fund during the fiscal year5
beginning on July 1 of the fiscal year in which the transfer is made or on6
the date otherwise specified for the transfer. Transfers between funds7
pursuant to this subsection (2) are not appropriations subject to the8
limitations of section 24-75-201.1. The amounts transferred pursuant to9
this subsection (2) are as follows:10
(tt) On April 1, 2024, eighteen million nine hundred seventy-one11
thousand one hundred dollars; and12
(uu) On July 1, 2024, one hundred sixty-two million seven13
hundred seventy-eight thousand two hundred eighty-five dollars;
AND14
(vv) O
N JULY 1, 2025, ONE HUNDRED TWENTY-NINE MILLION FOUR15
HUNDRED NINETY-EIGHT THOUSAND THIRTY-THREE DOLLARS.16
(2.3) In addition to the sums transferred pursuant to subsections17
(2) and (2.5) of this section, the state treasurer and the controller shall18
transfer a sum as specified in this subsection (2.3) from the general fund19
to the information technology capital account created in subsection (3.7)20
of this section as money becomes available in the general fund during the21
fiscal year beginning on July 1 of the fiscal year in which the transfer is22
made or on April 1 of the fiscal year if otherwise specified. Transfers23
between funds pursuant to this subsection (2.3) are not appropriations24
subject to the limitations of section 24-75-201.1. The amounts transferred25
pursuant to this subsection (2.3) are as follows:26
(o) On July 1, 2023, sixty-three million nine hundred thirteen27
SB25-262
-4- thousand nine hundred eighty-eight dollars; and1
(p) On July 1, 2024, seventy million eight hundred eleven2
thousand three hundred thirty-four dollars;
AND3
(q) O
N JULY 1, 2025, TWENTY MILLION FIVE HUNDRED4
FIFTY-SEVEN THOUSAND FOUR HUNDRED THIRTY -THREE DOLLARS.5
(2.5) In addition to the sums transferred pursuant to subsections6
(2) and (2.3) of this section, the state treasurer and the controller shall7
transfer a sum as specified in this subsection (2.5) from the general fund8
exempt account of the general fund created pursuant to section9
24-77-103.6 to the capital construction fund as money becomes available10
in the general fund exempt account during the fiscal year beginning on11
July 1 of the fiscal year in which the transfer is made. Transfers between12
funds pursuant to this subsection (2.5) are not appropriations subject to13
the limitations of section 24-75-201.1. The amounts transferred pursuant14
to this subsection (2.5) are as follows:15
(r) On July 1, 2023, five hundred thousand dollars; and
16
(s) On July 1, 2024, five hundred thousand dollars;
AND17
(t) O
N JULY 1, 2025, FIVE HUNDRED THOUSAND DOLLARS .18
(3.7) (a) There is hereby
created a special account within the19
capital construction fund established pursuant to subsection (1) of this20
section to be known as the information technology capital account. The21
account consists of any money appropriated or transferred to the account22
by the general assembly. The general assembly may appropriate money23
in the account for information technology projects. The appropriation for24
information technology projects must be set forth in a single line item as25
a total sum. F
OR STATE FISCAL YEARS COMMENCING ON OR BEFORE JULY26
1,
2024, all unappropriated balances in the account at the close of any27
SB25-262
-5- fiscal year remain in the account and do not revert to the general fund.1
F
OR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2025, THE2
STATE TREASURER SHALL TRANSFER ANY UNAPPROPRIATED BALANCES IN3
THE ACCOUNT OR ANY OTHERWISE UNEXPENDED AND UNENCUMBERED4
MONEY REMAINING IN THE ACCOUNT AT THE END OF A FISCAL YEAR TO THE5
GENERAL FUND. All unexpended or unencumbered money from an6
information technology capital account appropriation to a state agency or7
state institution of higher education for any fiscal year
reverts, FOR STATE8
FISCAL YEARS COMMENCING ON OR BEFORE JULY 1, 2024, to the account,9
AND, FOR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2025,10
TO THE GENERAL FUND at the end of the period for which the money is11
appropriated. No portion of the unexpended balance of a state agency's or12
state institution of higher education's information technology capital13
account appropriation may be used by the state agency or the state14
institution of higher education for any additional projects that are beyond15
the scope or design of the original project without further approval by the16
joint technology committee of the additional project. Anticipation17
warrants or checks may be issued against the revenues of the account as18
provided by law. All interest earned from the investment of money in the19
account must remain in and become part of the account.20
(13) The fund includes money transferred pursuant to sections21
24-33.5-706 (4.7), 39-28.8-501 (4.7), and 39-29-109.3 (10).22
SECTION 2. In Colorado Revised Statutes, 39-28.8-501, amend23
(4.7)(b); and add (4.7)(c) as follows:24
39-28.8-501. Marijuana tax cash fund - creation - distribution25
- legislative declaration - repeal. (4.7) (b) This subsection (4.7) is26
repealed, effective July 1, 2025 JULY 1, 2026.27
SB25-262
-6- (c) ON JULY 1, 2025, THE STATE TREASURER SHALL TRANSFER1
THREE MILLION TWO HUNDRED THIRTY THOUSAND DOLLARS FROM THE2
FUND TO THE INFORMATION TECHNOLOGY CAPITAL ACCOUNT OF THE3
CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302 (3.7)(a).4
SECTION 3. Safety clause. The general assembly finds,5
determines, and declares that this act is necessary for the immediate6
preservation of the public peace, health, or safety or for appropriations for7
the support and maintenance of the departments of the state and state8
institutions.9
SB25-262
-7-