C.R.S. Section 24-75-111
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 24-75-109, 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)

Intentionally left blank —Ed.

(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; or

(V)

If the overexpenditure is in regard to an information technology 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 technology committee of the general assembly for consideration; and

(C)

Upon the issuance of a written recommendation regarding the overexpenditure by the joint technology 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

(VI)

If the overexpenditure is in regard to an information technology 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 technology committee of the general assembly for consideration; and

(B)

Upon the issuance of a written recommendation regarding the overexpenditure by the joint technology 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, the joint technology 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 or account from which the overexpenditure is made as of the date of the overexpenditure.

(4)

Intentionally left blank —Ed.

(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)

For any overexpenditure allowed by the controller in accordance with subsection (1) of this section that is in regard to an information technology budget item, the controller shall restrict, in an amount equal to said overexpenditure, the 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 information technology budget item for which the overexpenditure was allowed; any other information technology 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 items of appropriation for operating budget items to be restricted, the controller shall restrict the items of appropriation that would be the least disruptive to the operations of the department, institution, or agency.

(d)

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 24-75-201.1.

Source: Section 24-75-111 — Additional authority for controller to allow expenditures in excess of appropriations - limitations - appropriations for subsequent fiscal year restricted, (accessed Dec. 24, 2024).

24‑75‑101
Deficiency in revenue 24‑75‑102
When appropriations expended - balance 24‑75‑103
Exceptions to transfer of balances 24‑75‑104
Gifts and bequests to state institutions of higher education - effect 24‑75‑105
Transfers required to implement conditional and centralized appropriations - repeal 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 24‑75‑106.5
Transfers between departments of health care policy and financing and human services for corresponding items of appropriation - limitations - repeal 24‑75‑107
Cash fund transfers pursuant to sections 24-75-105 and 24-75-106 - repeal 24‑75‑108
Intradepartmental transfers between appropriations - repeal 24‑75‑109
Controller may allow expenditures in excess of appropriations - limitations - appropriations for subsequent fiscal year restricted - repeal 24‑75‑110
Limitation on judicial department - repeal 24‑75‑111
Additional authority for controller to allow expenditures in excess of appropriations - limitations - appropriations for subsequent fiscal year restricted 24‑75‑111.5
Additional authority for controller to allow expenditures for capital construction items in certain circumstances - definition 24‑75‑112
Annual general appropriation act - headnote definitions - general provisions - footnotes 24‑75‑112.5
Appropriation clauses - general provisions - legislative declaration - definition 24‑75‑113
2010 bills to increase state revenue - prohibition on hiring of new state employees 24‑75‑114
Appropriations for utilities - roll-forward spending authority - definition 24‑75‑115
Use of state funds - marketing featuring elected officials - prohibition 24‑75‑201
General fund - general fund surplus - custodial money 24‑75‑201.1
Restriction on state appropriations - legislative declaration - definitions 24‑75‑201.2
Restriction on state spending - unrestricted general fund year-end balances 24‑75‑201.3
Procedures relating to revenue estimates 24‑75‑201.5
Revenue shortfalls - required actions by the governor with respect to the reserve 24‑75‑201.7
Enforcement of state spending restriction - punitive or exemplary damages - property tax relief fund - creation 24‑75‑202
Imprest cash accounts 24‑75‑203
Loans and advances 24‑75‑204
Reports 24‑75‑205
Insurance and retirement reserves 24‑75‑206
Legislative declaration 24‑75‑207
Definitions 24‑75‑208
Investment of treasury funds 24‑75‑209
Payment of general fund warrants or checks 24‑75‑210
Reports to governor 24‑75‑219
Transfers - transportation - capital construction - definitions - repeal 24‑75‑220
State education fund - transfers - surplus - legislative declaration 24‑75‑225
Care subfund - creation - administration - transfer - legislative declaration 24‑75‑226
“American Rescue Plan Act of 2021” cash fund - creation - recipient funds - limitations - reporting - legislative declaration - definitions - repeal 24‑75‑227
Revenue loss restoration cash fund - creation - allowable uses - definitions - repeal 24‑75‑228
Economic recovery and relief cash fund - creation - allowable uses - interim task force - report - legislative declaration - definitions - repeal 24‑75‑229
Affordable housing and home ownership cash fund - creation - allowable uses - task force - legislative declaration - definitions - repeal 24‑75‑230
Behavioral and mental health cash fund - creation - allowable uses - task force - definitions - repeal 24‑75‑231
Workers, employers, and workforce centers cash fund - creation - allowable uses - definitions - repeal 24‑75‑232
“Infrastructure Investment and Jobs Act” cash fund - creation - allowable uses - report - legislative declaration - definitions - repeal 24‑75‑301
Definitions 24‑75‑302
Capital construction fund - capital assessment fees - calculation - information technology capital account 24‑75‑302.5
Controlled maintenance - trust fund - legislative declaration 24‑75‑303
Appropriation for capital construction 24‑75‑304
Legislative declaration 24‑75‑305
Transfers from capital construction fund 24‑75‑307
Capitol complex master plan implementation fund - creation - transfers for fund 24‑75‑401
Cash funds abolished 24‑75‑402
Cash funds - limit on uncommitted reserves - reduction in the amount of fees - exclusions - definitions 24‑75‑403
Capital reserve - creation - annual appropriation - definitions 24‑75‑601
Definitions 24‑75‑601.1
Legal investments of public funds - definition 24‑75‑601.2
Prior investments valid 24‑75‑601.3
Remedial actions - investments not made in conformance with statute 24‑75‑601.4
Liability of officials of public entities 24‑75‑601.5
Liability for sale of unlawful investments to public entities 24‑75‑602
Bonds of housing authority as legal investments 24‑75‑603
Depositories 24‑75‑604
Investments in bonds issued by member institutions of the farm credit system 24‑75‑605
Legal investments - cities of twenty-five thousand or more population - limitation in class of investments 24‑75‑701
Definitions 24‑75‑702
Local governments - authority to pool surplus funds 24‑75‑703
Local government investment pooling - trust method - resolution - filing requirements 24‑75‑704
Investments - limitations 24‑75‑705
Board of trustees - duties - liabilities 24‑75‑706
Custodian - location - unlawful activities 24‑75‑707
Investment adviser - duties - unlawful activities 24‑75‑708
Administrator - duties - unlawful activities 24‑75‑709
Administration and enforcement 24‑75‑901
Short title 24‑75‑902
Legislative declaration 24‑75‑903
Definitions 24‑75‑904
Computations 24‑75‑905
Authority to issue and sell notes 24‑75‑906
Limitation on amount of notes 24‑75‑907
Form and terms of notes 24‑75‑908
Execution of notes 24‑75‑909
Manner of sale of notes 24‑75‑910
Investment or deposit of proceeds - income therefrom 24‑75‑911
No debt created 24‑75‑912
Notes as legal investments and eligible collateral 24‑75‑913
Construction with other statutes 24‑75‑914
State auditor - report 24‑75‑915
Saving clause 24‑75‑1001
Higher education fund 24‑75‑1101
Legislative declaration 24‑75‑1102
Definitions 24‑75‑1103
Policy on use of tobacco settlement funds 24‑75‑1104.5
Use of settlement money - programs - repeal 24‑75‑1107
Loss of disputed payments - authorization for transfers to tobacco litigation settlement cash fund 24‑75‑1301
Definitions 24‑75‑1302
State agencies - information obtained with grants 24‑75‑1303
Report to general assembly 24‑75‑1305
Programs or services reliant on grants - statutory reauthorization of program 24‑75‑1401
Indirect costs excess recovery fund - creation - departmental accounts - use of fund - definitions - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 24-75-111’s source at