Colorado 2025 Regular Session

Colorado Senate Bill SB262 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REVISED~~
5		-	This Version Includes All Amendments ~~Adopted~~
6		-	~~on Second Reading~~ in the ~~Second House~~
	4	+	REENGROSSED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the House of Introduction
7	7		LLS NO. 25-0928.01 Megan McCall x4215
8	8		SENATE BILL 25-262
9	9		Senate Committees House Committees
10		-	Appropriations ~~Appropriations~~
	10	+	Appropriations
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING CHANGES TO THE AMO UNT OF MONEY IN THE CAPITAL101
14	14		CONSTRUCTION FUND .102
15	15		Bill Summary
16	16		(Note: This summary applies to this bill as introduced and does
17	17		not reflect any amendments that may be subsequently adopted. If this bill
18	18		passes third reading in the house of introduction, a bill summary that
19	19		applies to the reengrossed version of this bill will be available at
20	20		http://leg.colorado.gov/
21	21		.)
22	22		Joint Budget Committee. Under current law, all unappropriated
23	23		balances in the capital construction fund (fund) and in the information
24	24		technology capital account, a special account within the fund, (IT
25	25		subaccount) at the close of any fiscal year must remain in the fund or the
26	26		IT subaccount, respectively, and do not revert to the general fund.
27	27		Additionally, all unexpended or unencumbered money from an
28		-	HOUSE
29		-	Amended 2nd Reading
30		-	April 9, 2025
31	28		SENATE
32	29		3rd Reading Unamended
33	30		April 3, 2025
34	31		SENATE
35	32		Amended 2nd Reading
36	33		April 2, 2025
37	34		SENATE SPONSORSHIP
38	35		Amabile and Kirkmeyer, Bridges, Hinrichsen
39	36		HOUSE SPONSORSHIP
40	37		Bird and Taggart, Sirota
41	38		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
42	39		Capital letters or bold & italic numbers indicate new material to be added to existing law.
43	40		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
44	41		institution of higher education reverts to the fund or the IT subaccount,
45	42		as applicable, at the end of the period for which the money is
46	43		appropriated.
47	44		For state fiscal years commencing on or after July 1, 2025, the bill
48	45		requires that the state treasurer transfer any unappropriated balances in
49	46		the fund or the IT subaccount or any otherwise unexpended and
50	47		unencumbered money remaining in the fund or the IT subaccount at the
51	48		end of a fiscal year to the general fund. Further, the bill requires that, for
52	49		state fiscal years commencing on or after July 1, 2025, all unexpended or
53	50		unencumbered money from an appropriation from the fund or the IT
54	51		subaccount to a state agency or state institution of higher education
55	52		reverts to the general fund at the end of the period for which the money
56	53		is appropriated.
57	54		The bill also requires that the following transfers be made by the
58	55		state treasurer on July 1, 2025:
59	56		! $129,498,033 from the general fund to the fund;
60	57		! $500,000 from the general fund exempt account of the
61	58		general fund to the fund;
62	59		! $20,557,433 from the general fund to the IT subaccount;
63	60		and
64	61		! $3,230,000 from the marijuana tax cash fund to the IT
65	62		subaccount.
66	63		Be it enacted by the General Assembly of the State of Colorado:1
67	64		SECTION 1. In Colorado Revised Statutes, 24-75-302, amend2
68	65		(1)(a), (2)(tt), (2)(uu), (2.3)(o), (2.3)(p), (2.5)(r), (2.5)(s), (3.7)(a), and3
69	66		(13); and add (1)(c),
70	67		(2)(vv), (2.3)(q), (2.5)(t), and (3.7)(a.5) as follows:4
71	68		24-75-302. Capital construction fund - capital assessment fees5
72	69		- calculation - information technology capital account. (1) (a) There6
73	70		is hereby created The capital construction fund IS CREATED. The fund7
74	71		consists of moneys MONEY transferred to the fund by the general8
75	72		assembly and moneys MONEY credited to the fund pursuant to section9
76	73		24-30-1310. Moneys MONEY in the capital construction fund may be10
77	74		appropriated for capital construction, capital renewal, controlled11
78	75		maintenance, or state highway reconstruction, repair, and maintenance12
79	76		262-2- projects as requested pursuant to section 43-1-113 (2.5); C.R.S.; except1
80	77		that any moneys MONEY transferred to the capital construction fund for2
81	78		state highway reconstruction, repair, and maintenance projects may only3
82	79		be appropriated for such projects. The appropriation for projects must be4
83	80		set forth in a single line item as a total sum. F
84	81		OR STATE FISCAL YEARS5
85	82		COMMENCING ON OR BEFORE JULY 1, 2024, all unappropriated balances in6
86	83		the fund at the close of any fiscal year must remain in the fund and may7
87	84		not revert to the general fund. F
88	85		OR STATE FISCAL YEARS COMMENCING ON8
89	86		OR AFTER JULY 1, 2025, THE STATE TREASURER SHALL TRANSFER ANY9
90	87		UNAPPROPRIATED BALANCES IN THE FUND OR ANY OTHERWISE10
91	88		UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT11
92	89		THE END OF A FISCAL YEAR TO THE GENERAL FUND . All unexpended or12
93	90		unencumbered moneys
94	91		MONEY from a capital construction fund13
95	92		appropriation to a state agency or state institution of higher education for14
96	93		any fiscal year reverts, FOR STATE FISCAL YEARS COMMENCING ON OR15
97	94		BEFORE JULY 1, 2024, to the capital construction fund, AND, FOR STATE16
98	95		FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2025, TO THE GENERAL17
99	96		FUND at the end of the period for which the moneys are MONEY IS18
100	97		appropriated. Except as provided in sections 2-3-1304 (1)(a.5) and19
101	98		24-30-1303.7 (1), C.R.S., no portion of the unexpended balance of a state20
102	99		agency's or state institution of higher education's capital construction fund21
103	100		appropriation may be used by the state agency or the state institution of22
104	101		higher education for any additional projects that are beyond the scope or23
105	102		design of the original project without further approval by the capital24
106	103		development committee of such additional project. Anticipation warrants25
107	104		or checks may be issued against the revenues of the fund as provided by26
108		-	law. Except as provided in subsection (7) SUBSECTIONS (1)(c) ~~AND (7)~~ of27
	105	+	law. Except as provided in subsection (7) SUBSECTIONS (7) AND (1)(c) of27
109	106		262
110	107		-3- this section, all interest earned from the investment of moneys MONEY in1
111	108		the capital construction fund must remain in the fund and become a part2
112	109		thereof.3
113	110		(c) (I) F
114	111		OR FISCAL YEARS COMMENCING ON OR BEFORE JULY 1,
115	112		4
116	113		2024,
117	114		THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
118	115		5
119	116		DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE CAPITAL6
120	117		CONSTRUCTION FUND TO THE CAPITAL CONSTRUCTION FUND .7
121	118		(II) N
122	119		OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION, FOR
123	120		8
124	121		FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2025, IN ACCORDANCE9
125	122		WITH SECTION 24-36-114 (1), THE STATE TREASURER SHALL CREDIT ALL10
126	123		INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF11
127	124		MONEY IN THE CAPITAL CONSTRUCTION FUND TO THE GENERAL FUND .12
128	125		(2) The controller shall transfer a sum as specified in this13
129	126		subsection (2) from the general fund to the capital construction fund as14
130	127		money becomes available in the general fund during the fiscal year15
131	128		beginning on July 1 of the fiscal year in which the transfer is made or on16
132	129		the date otherwise specified for the transfer. Transfers between funds17
133	130		pursuant to this subsection (2) are not appropriations subject to the18
134	131		limitations of section 24-75-201.1. The amounts transferred pursuant to19
135	132		this subsection (2) are as follows:20
136	133		(tt) On April 1, 2024, eighteen million nine hundred seventy-one21
137	134		thousand one hundred dollars; and22
138	135		(uu) On July 1, 2024, one hundred sixty-two million seven23
139	136		hundred seventy-eight thousand two hundred eighty-five dollars;
140	137		AND24
141	138		(vv) O
142		-	N JULY 1, 2025, ONE HUNDRED
143		-	~~TWENTY-NINE MILLION FOUR25~~
144		-	HUNDRED ~~TWENTY~~-ONE THOUSAND ~~ONE HUNDRED~~ TEN DOLLARS .26
	139	+	N JULY 1, 2025, ONE HUNDRED TWENTY MILLION ONE
	140	+	25
	141	+	HUNDRED NINETY-ONE THOUSAND TEN DOLLARS.26
145	142		(2.3) In addition to the sums transferred pursuant to subsections27
146	143		262
147	144		-4- (2) and (2.5) of this section, the state treasurer and the controller shall1
148	145		transfer a sum as specified in this subsection (2.3) from the general fund2
149	146		to the information technology capital account created in subsection (3.7)3
150	147		of this section as money becomes available in the general fund during the4
151	148		fiscal year beginning on July 1 of the fiscal year in which the transfer is5
152	149		made or on April 1 of the fiscal year if otherwise specified. Transfers6
153	150		between funds pursuant to this subsection (2.3) are not appropriations7
154	151		subject to the limitations of section 24-75-201.1. The amounts transferred8
155	152		pursuant to this subsection (2.3) are as follows:9
156	153		(o) On July 1, 2023, sixty-three million nine hundred thirteen10
157	154		thousand nine hundred eighty-eight dollars; and11
158	155		(p) On July 1, 2024, seventy million eight hundred eleven12
159	156		thousand three hundred thirty-four dollars;
160	157		AND13
161	158		(q) O
162	159		N JULY 1, 2025, TWENTY MILLION FIVE HUNDRED14
163	160		FIFTY-SEVEN THOUSAND FOUR HUNDRED THIRTY -THREE DOLLARS.15
164	161		(2.5) In addition to the sums transferred pursuant to subsections16
165	162		(2) and (2.3) of this section, the state treasurer and the controller shall17
166	163		transfer a sum as specified in this subsection (2.5) from the general fund18
167	164		exempt account of the general fund created pursuant to section19
168	165		24-77-103.6 to the capital construction fund as money becomes available20
169	166		in the general fund exempt account during the fiscal year beginning on21
170	167		July 1 of the fiscal year in which the transfer is made. Transfers between22
171	168		funds pursuant to this subsection (2.5) are not appropriations subject to23
172	169		the limitations of section 24-75-201.1. The amounts transferred pursuant24
173	170		to this subsection (2.5) are as follows:25
174	171		(r) On July 1, 2023, five hundred thousand dollars; and
175	172		26
176	173		(s) On July 1, 2024, five hundred thousand dollars;
177	174		AND27
178	175		262
179	176		-5- (t) ON JULY 1, 2025, FIVE HUNDRED THOUSAND DOLLARS .1
180	177		(3.7) (a) There is hereby created a special account within the2
181	178		capital construction fund established pursuant to subsection (1) of this3
182	179		section to be known as the information technology capital account. The4
183	180		account consists of any money appropriated or transferred to the account5
184	181		by the general assembly. The general assembly may appropriate money6
185	182		in the account for information technology projects. The appropriation for7
186	183		information technology projects must be set forth in a single line item as8
187	184		a total sum. F
188	185		OR STATE FISCAL YEARS COMMENCING ON OR BEFORE JULY9
189	186		1,
190	187		2024, all unappropriated balances in the account at the close of any10
191	188		fiscal year remain in the account and do not revert to the general fund.11
192	189		F
193	190		OR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2025, THE12
194	191		STATE TREASURER SHALL TRANSFER ANY UNAPPROPRIATED BALANCES IN13
195	192		THE ACCOUNT OR ANY OTHERWISE UNEXPENDED AND UNENCUMBERED14
196	193		MONEY REMAINING IN THE ACCOUNT AT THE END OF A FISCAL YEAR TO THE15
197	194		GENERAL FUND. All unexpended or unencumbered money from an16
198	195		information technology capital account appropriation to a state agency or17
199	196		state institution of higher education for any fiscal year
200	197		reverts, FOR STATE18
201	198		FISCAL YEARS COMMENCING ON OR BEFORE JULY 1, 2024, to the account,19
202	199		AND, FOR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2025,20
203	200		TO THE GENERAL FUND at the end of the period for which the money is21
204	201		appropriated. No portion of the unexpended balance of a state agency's or22
205	202		state institution of higher education's information technology capital23
206	203		account appropriation may be used by the state agency or the state24
207	204		institution of higher education for any additional projects that are beyond25
208	205		the scope or design of the original project without further approval by the26
209	206		joint technology committee of the additional project. Anticipation27
210	207		262
211	208		-6- warrants or checks may be issued against the revenues of the account as1
212	209		provided by law. All interest earned from the investment of money in the2
213	210		account must remain in and become part of the account.3
214	211		(a.5) (I) F
215	212		OR FISCAL YEARS COMMENCING ON OR BEFORE JULY 1,
216	213		4
217	214		2024,
218	215		THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
219	216		5
220	217		DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE6
221	218		INFORMATION TECHNOLOGY CAPITAL ACCOUNT TO THE INFORMATION7
222	219		TECHNOLOGY CAPITAL ACCOUNT .8
223	220		(II) N
224	221		OTWITHSTANDING SUBSECTION (3.7)(a) OF THIS SECTION, FOR
225	222		9
226	223		FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2025, IN ACCORDANCE10
227	224		WITH SECTION 24-36-114 (1), THE STATE TREASURER SHALL CREDIT ALL11
228	225		INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF12
229	226		MONEY IN THE INFORMATION TECHNOLOGY CAPITAL ACCOUNT TO THE13
230	227		GENERAL FUND.14
231	228		(13) The fund includes money transferred pursuant to sections15
232	229		24-33.5-706 (4.7), 39-28.8-501 (4.7), and 39-29-109.3 (10).16
233	230		SECTION 2. In Colorado Revised Statutes, 39-28.8-501, amend17
234	231		(4.7)(b); and add (4.7)(c) as follows:18
235	232		39-28.8-501. Marijuana tax cash fund - creation - distribution19
236	233		- legislative declaration - repeal. (4.7) (b) This subsection (4.7) is20
237	234		repealed, effective July 1, 2025 JULY 1, 2026.21
238	235		(c) O
239	236		N JULY 1, 2025, THE STATE TREASURER SHALL TRANSFER22
240	237		THREE MILLION TWO HUNDRED THIRTY THOUSAND DOLLARS FROM THE23
241	238		FUND TO THE INFORMATION TECHNOLOGY CAPITAL ACCOUNT OF THE24
242	239		CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302 (3.7)(a).25
243	240		SECTION 3. Safety clause. The general assembly finds,26
244	241		determines, and declares that this act is necessary for the immediate27
245	242		262
246	243		-7- preservation of the public peace, health, or safety or for appropriations for1
247	244		the support and maintenance of the departments of the state and state2
248	245		institutions.3
249	246		262
250	247		-8-