Exceptions to transfer of balances

Colo. Rev. Stat. § 24-75-103, under Government - State.

Colo. Rev. Stat. § 24-75-103

The provisions of section 24-75-102 shall not apply to any appropriation where, as a part of the object intended by or as preliminary to the expenditure of the appropriation, condemnation proceedings or other litigation has been commenced or where the expenditure of the money appropriated has been delayed by proceedings or litigation by third persons in resistance of the object of the appropriation.

Source: L. 49: p. 686, � 2. CSA: C. 153, � 23(2). CRS 53: � 130-1-3. C.R.S. 1963: � 130-1-3.

24-75-104. Gifts and bequests to state institutions of higher education - effect. (1) All endowments, gifts, and bequests made to any state institution of higher education, and the income therefrom, shall belong to and be used only by such institution and shall be subject to state audit. In appropriating state funds to such institution of higher education, neither principal nor interest of such gifts shall be used to reduce such appropriation, and both principal and interest shall be in addition to any funds appropriated for such institution.

(2) Nothing in subsection (1) of this section shall be construed to commit the state of Colorado to continuing the levels of programs attained as results of such endowments, gifts, and bequests upon their expiration.

(3) (a) On January 30, 1997, and January 30 of each year thereafter, each state institution of higher education shall submit to the governor and general assembly a complete listing, in accordance with generally accepted accounting principles, of all endowments, gifts, and bequests made to or expenditures in excess of two hundred fifty dollars made on behalf of said state institution of higher education during the immediately preceding state fiscal year.

(b) Repealed.

Source: L. 73: p. 1322, � 2. C.R.S. 1963: � 130-1-4. L. 75: Entire section R&RE, p. 853, � 1, effective June 5. L. 94: (3) amended, p. 1796, � 10, effective May 31. L. 95: (3) amended, p. 40, � 4, effective January 1, 1996. L. 2005: (3)(a) amended, p. 532, � 4, effective May 24.

Editor's note: Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective January 1, 1996. (See L. 95, p. 40.)

24-75-105. Transfers required to implement conditional and centralized appropriations - repeal. (1) Transfers of appropriations which are authorized in the 1990-91 and subsequent general appropriation acts and are required to implement appropriations conditioned on the distribution of the appropriation among, or the transfer of the appropriation between, departments, agencies, or programs, including centralized appropriations, are expressly authorized.

(2) This section is repealed, effective September 1, 2030.

Source: L. 86: Entire section added, p. 960, �1, effective May 27. L. 89: Entire section RC&RE, p. 1094, � 1, effective May 16. L. 91: Entire section RC&RE, p. 847, � 1, effective April 27. L. 94: Entire section amended, p. 1459, � 1, effective May 25. L. 99: (2) amended, p. 696, � 1, effective May 19. L. 2004: (2) amended, p. 1520, � 1, effective May 28. L. 2009: (2) amended, (HB 09-1222), ch. 231, p. 1062, � 1, effective May 4. L. 2014: (2) amended, (HB 14-1308), ch. 123, p. 439, � 1, effective April 18. L. 2020: (2) amended, (HB 20-1426), ch. 306, p. 1558, � 4, effective July 14. L. 2025: (2) amended, (SB 25-263), ch. 128, p. 496, � 1, effective April 25.

Editor's note: Prior to the recreations of this section in 1989 and 1991, subsection (2) provided for the repeal of this section, effective September 1, 1986 (see L. 86, p. 960) and September 1, 1990 (see L. 89, p. 1094).

24-75-106. Transfers between departments of health care policy and financing and human services for materially similar items of appropriation for medicaid programs - limitation - repeal. (1) Notwithstanding the effect of the M provision in the 1990-91 and subsequent general appropriation acts, the governor may transfer unlimited amounts of general fund appropriations and reappropriated funds to and from the departments of health care policy and financing and human services when required by changes from the appropriated levels in the amount of medicaid cash funds earned through programs or services provided under the supervision of the department of human services or the department of health care policy and financing if the transfer of appropriations is between one or more materially similar items of appropriation and is for purposes other than department administrative costs associated with programs or services.

(2) This section is repealed, effective September 1, 2030.

Source: L. 86: Entire section added, p. 960, � 1, effective May 27. L. 89: Entire section RC&RE, p. 1094, � 2, effective May 16. L. 91: Entire section RC&RE, p. 847, � 2, effective April 27. L. 93: (1) amended, p. 1140, � 76, effective July 1, 1994. L. 94: Entire section amended, p. 1459, � 2, effective May 25. L. 99: (2) amended, p. 696, � 2, effective May 19. L. 2004: (2) amended, p. 1520, � 2, effective May 28. L. 2006: (1) amended, p. 2023, � 120, effective July 1. L. 2008: (1) amended, p. 275, � 4, effective March 31. L. 2009: Entire section amended, (HB 09-1222), ch. 231, p. 1062, � 2, effective May 4. L. 2014: (2) amended, (HB 14-1308), ch. 123, p. 439, � 2, effective April 18. L. 2020: (2) amended, (HB 20-1426), ch. 306, p. 1558, � 5, effective July 14. L. 2025: (2) amended, (SB 25-263), ch. 128, p. 496, � 2, effective April 25.

Editor's note: Prior to the recreations of this section in 1989 and 1991, subsection (2) provided for the repeal of this section, effective September 1, 1986 (See L. 86, p. 960) and September 1, 1990 (See L. 89, p. 1094).

Cross references: (1) For the legislative declaration contained in the act amending subsection (1), see section 1 of chapter 230, Session Laws of Colorado 1993.

(2) For the reporting requirements by the governor to the joint budget committee, see � 24-75-108 (9).

24-75-106.5. Transfers between departments of health care policy and financing and human services for corresponding items of appropriation - limitations - repeal. (1) Subject to the provisions of subsection (2) of this section, upon approval of the governor:

(a) The executive director of the department of health care policy and financing may transfer general fund or reappropriated funds spending authority from one or more items of appropriation made to that department in the annual general appropriations act to one or more corresponding items of appropriation made to the department of human services in the act.

(b) The executive director of the department of human services may transfer general fund or reappropriated funds spending authority from one or more items of appropriation made to that department in the annual general appropriations act to one or more corresponding items of appropriation made to the department of health care policy and financing in the act.

(2) The governor may approve a transfer of spending authority between one or more corresponding items of appropriation of the departments of health care policy and financing and human services pursuant to subsection (1) of this section only if:

(a) Authority for the transfer of spending authority has been expressly granted in a footnote in the annual general appropriations act;

(b) The amount of spending authority to be transferred does not exceed the maximum amount, if any, specified in the footnote authorizing the transfer; and

(c) The transfer is not otherwise authorized pursuant to section 24-75-106.

(3) The transfers authorized by this section shall:

(a) Be in addition to any other transfers between the departments of health care policy and financing and human services authorized by law; and

(b) Apply to the 2008-09 and subsequent general appropriations acts.

(4) The governor shall report to the joint budget committee no later than October 1 after the close of the fiscal year on any transfers approved by the governor pursuant to this section.

(5) This section is repealed, effective September 1, 2030.

Source: L. 2009: Entire section added, (HB 09-1222), ch. 231, p. 1062, � 3, effective May 4. L. 2014: (5) amended, (HB 14-1308), ch. 123, p. 439, � 3, effective April 18. L. 2020: (5) amended, (HB 20-1426), ch. 306, p. 1558, � 6, effective July 14. L. 2025: (5) amended, (SB 25-063), ch. 128, p. 496, � 3, effective April 25.