First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
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
3rd Reading Unamended
April 3, 2025
SENATE
Amended 2nd Reading
April 2, 2025
SENATE SPONSORSHIP
Amabile and Kirkmeyer, Bridges, Hinrichsen
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 (1)(c),
(2)(vv), (2.3)(q), (2.5)(t), and (3.7)(a.5) as follows:4
24-75-302. Capital construction fund - capital assessment fees5
- calculation - information technology capital account. (1) (a) There6
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
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) SUBSECTIONS (7) AND (1)(c) of27
262
-3- this section, all interest earned from the investment of moneys MONEY in1
the capital construction fund must remain in the fund and become a part2
thereof.3
(c) (I) F
OR FISCAL YEARS COMMENCING ON OR BEFORE JULY 1,
4
2024,
THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
5
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE CAPITAL6
CONSTRUCTION FUND TO THE CAPITAL CONSTRUCTION FUND .7
(II) N
OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION, FOR
8
FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2025, IN ACCORDANCE9
WITH SECTION 24-36-114 (1), THE STATE TREASURER SHALL CREDIT ALL10
INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF11
MONEY IN THE CAPITAL CONSTRUCTION FUND TO THE GENERAL FUND .12
(2) The controller shall transfer a sum as specified in this13
subsection (2) from the general fund to the capital construction fund as14
money becomes available in the general fund during the fiscal year15
beginning on July 1 of the fiscal year in which the transfer is made or on16
the date otherwise specified for the transfer. Transfers between funds17
pursuant to this subsection (2) are not appropriations subject to the18
limitations of section 24-75-201.1. The amounts transferred pursuant to19
this subsection (2) are as follows:20
(tt) On April 1, 2024, eighteen million nine hundred seventy-one21
thousand one hundred dollars; and22
(uu) On July 1, 2024, one hundred sixty-two million seven23
hundred seventy-eight thousand two hundred eighty-five dollars;
AND24
(vv) O
N JULY 1, 2025, ONE HUNDRED TWENTY MILLION ONE
25
HUNDRED NINETY-ONE THOUSAND TEN DOLLARS.26
(2.3) In addition to the sums transferred pursuant to subsections27
262
-4- (2) and (2.5) of this section, the state treasurer and the controller shall1
transfer a sum as specified in this subsection (2.3) from the general fund2
to the information technology capital account created in subsection (3.7)3
of this section as money becomes available in the general fund during the4
fiscal year beginning on July 1 of the fiscal year in which the transfer is5
made or on April 1 of the fiscal year if otherwise specified. Transfers6
between funds pursuant to this subsection (2.3) are not appropriations7
subject to the limitations of section 24-75-201.1. The amounts transferred8
pursuant to this subsection (2.3) are as follows:9
(o) On July 1, 2023, sixty-three million nine hundred thirteen10
thousand nine hundred eighty-eight dollars; and11
(p) On July 1, 2024, seventy million eight hundred eleven12
thousand three hundred thirty-four dollars;
AND13
(q) O
N JULY 1, 2025, TWENTY MILLION FIVE HUNDRED14
FIFTY-SEVEN THOUSAND FOUR HUNDRED THIRTY -THREE DOLLARS.15
(2.5) In addition to the sums transferred pursuant to subsections16
(2) and (2.3) of this section, the state treasurer and the controller shall17
transfer a sum as specified in this subsection (2.5) from the general fund18
exempt account of the general fund created pursuant to section19
24-77-103.6 to the capital construction fund as money becomes available20
in the general fund exempt account during the fiscal year beginning on21
July 1 of the fiscal year in which the transfer is made. Transfers between22
funds pursuant to this subsection (2.5) are not appropriations subject to23
the limitations of section 24-75-201.1. The amounts transferred pursuant24
to this subsection (2.5) are as follows:25
(r) On July 1, 2023, five hundred thousand dollars; and
26
(s) On July 1, 2024, five hundred thousand dollars;
AND27
262
-5- (t) ON JULY 1, 2025, FIVE HUNDRED THOUSAND DOLLARS .1
(3.7) (a) There is hereby created a special account within the2
capital construction fund established pursuant to subsection (1) of this3
section to be known as the information technology capital account. The4
account consists of any money appropriated or transferred to the account5
by the general assembly. The general assembly may appropriate money6
in the account for information technology projects. The appropriation for7
information technology projects must be set forth in a single line item as8
a total sum. F
OR STATE FISCAL YEARS COMMENCING ON OR BEFORE JULY9
1,
2024, all unappropriated balances in the account at the close of any10
fiscal year remain in the account and do not revert to the general fund.11
F
OR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2025, THE12
STATE TREASURER SHALL TRANSFER ANY UNAPPROPRIATED BALANCES IN13
THE ACCOUNT OR ANY OTHERWISE UNEXPENDED AND UNENCUMBERED14
MONEY REMAINING IN THE ACCOUNT AT THE END OF A FISCAL YEAR TO THE15
GENERAL FUND. All unexpended or unencumbered money from an16
information technology capital account appropriation to a state agency or17
state institution of higher education for any fiscal year
reverts, FOR STATE18
FISCAL YEARS COMMENCING ON OR BEFORE JULY 1, 2024, to the account,19
AND, FOR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2025,20
TO THE GENERAL FUND at the end of the period for which the money is21
appropriated. No portion of the unexpended balance of a state agency's or22
state institution of higher education's information technology capital23
account appropriation may be used by the state agency or the state24
institution of higher education for any additional projects that are beyond25
the scope or design of the original project without further approval by the26
joint technology committee of the additional project. Anticipation27
262
-6- warrants or checks may be issued against the revenues of the account as1
provided by law. All interest earned from the investment of money in the2
account must remain in and become part of the account.3
(a.5) (I) F
OR FISCAL YEARS COMMENCING ON OR BEFORE JULY 1,
4
2024,
THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
5
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE6
INFORMATION TECHNOLOGY CAPITAL ACCOUNT TO THE INFORMATION7
TECHNOLOGY CAPITAL ACCOUNT .8
(II) N
OTWITHSTANDING SUBSECTION (3.7)(a) OF THIS SECTION, FOR
9
FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2025, IN ACCORDANCE10
WITH SECTION 24-36-114 (1), THE STATE TREASURER SHALL CREDIT ALL11
INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF12
MONEY IN THE INFORMATION TECHNOLOGY CAPITAL ACCOUNT TO THE13
GENERAL FUND.14
(13) The fund includes money transferred pursuant to sections15
24-33.5-706 (4.7), 39-28.8-501 (4.7), and 39-29-109.3 (10).16
SECTION 2. In Colorado Revised Statutes, 39-28.8-501, amend17
(4.7)(b); and add (4.7)(c) as follows:18
39-28.8-501. Marijuana tax cash fund - creation - distribution19
- legislative declaration - repeal. (4.7) (b) This subsection (4.7) is20
repealed, effective July 1, 2025 JULY 1, 2026.21
(c) O
N JULY 1, 2025, THE STATE TREASURER SHALL TRANSFER22
THREE MILLION TWO HUNDRED THIRTY THOUSAND DOLLARS FROM THE23
FUND TO THE INFORMATION TECHNOLOGY CAPITAL ACCOUNT OF THE24
CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302 (3.7)(a).25
SECTION 3. Safety clause. The general assembly finds,26
determines, and declares that this act is necessary for the immediate27
262
-7- preservation of the public peace, health, or safety or for appropriations for1
the support and maintenance of the departments of the state and state2
institutions.3
262
-8-