C.R.S. Section 24-75-302
Capital construction fund

  • capital assessment fees
  • calculation
  • information technology capital account

(1)

Intentionally left blank —Ed.

(a)

There is hereby created the capital construction fund. The fund consists of moneys transferred to the fund by the general assembly and moneys credited to the fund pursuant to section 24-30-1310. Moneys in the capital construction fund may be appropriated for capital construction, capital renewal, controlled maintenance, or state highway reconstruction, repair, and maintenance projects as requested pursuant to section 43-1-113 (2.5), C.R.S.; except that any moneys transferred to the capital construction fund for state highway reconstruction, repair, and maintenance projects may only be appropriated for such projects. The appropriation for projects must be set forth in a single line item as a total sum. All unappropriated balances in the fund at the close of any fiscal year must remain in the fund and may not revert to the general fund. All unexpended or unencumbered moneys from a capital construction fund appropriation to a state agency or state institution of higher education for any fiscal year reverts to the capital construction fund at the end of the period for which the moneys are appropriated. Except as provided in sections 2-3-1304 (1)(a.5) and 24-30-1303.7 (1), C.R.S., no portion of the unexpended balance of a state agency’s or state institution of higher education’s capital construction fund appropriation may be used by the state agency or the state institution of higher education for any additional projects that are beyond the scope or design of the original project without further approval by the capital development committee of such additional project. Anticipation warrants or checks may be issued against the revenues of the fund as provided by law. Except as provided in subsection (7) of this section, all interest earned from the investment of moneys in the capital construction fund must remain in the fund and become a part thereof.

(b)

The unrestricted year-end balance of the capital construction fund for the 1991-92 fiscal year constitutes a reserve, as defined in section 24-77-102 (12), and, for purposes of section 24-77-103:

(I)

Any moneys credited to the capital construction fund in any subsequent fiscal year must be included in state fiscal year spending, as defined in section 24-77-102 (17), for such fiscal year; and

(II)

Any transfers or expenditures from the capital construction fund in any subsequent fiscal year may not be included in state fiscal year spending, as defined in section 24-77-102 (17), for such fiscal year.

(2)

The controller shall transfer a sum as specified in this subsection (2) from the general fund to the capital construction fund as money becomes available in the general fund during the fiscal year beginning on July 1 of the fiscal year in which the transfer is made or on the date otherwise specified for the transfer. Transfers between funds pursuant to this subsection (2) are not appropriations subject to the limitations of section 24-75-201.1. The amounts transferred pursuant to this subsection (2) are as follows:

(a)

On July 1, 1988, fifteen million dollars;

(b)

On July 1, 1989, fifteen million dollars;

(c)

On July 1, 1990, nine million four hundred twenty-nine thousand two hundred eighty-one dollars;
(d)(Deleted by amendment, L. 92, p. 142, § 2, effective February 25, 1992.)(e) On July 1, 1992, twenty-one million one hundred thousand dollars;

(f)

On July 1, 1993, twenty-five million dollars, plus twenty-one million six hundred forty-one thousand dollars pursuant to H.B. 93S-1001; plus four million thirty-six thousand dollars pursuant to S.B. 93S-009; plus six hundred twenty-seven thousand eight hundred dollars pursuant to H.B. 93S-1005, enacted at the first extraordinary session of the fifty-ninth general assembly; plus thirty-two million five hundred forty thousand one hundred dollars pursuant to S.B. 94-207; plus forty-six million nine hundred fifty thousand five hundred ten dollars pursuant to H.B. 94-1340, enacted at the second regular session of the fifty-ninth general assembly;

(g)

On July 1, 1994, one hundred nine million six hundred seventy-seven thousand eight hundred fifty dollars, plus ten million six hundred thirteen thousand three hundred ten dollars pursuant to H.B. 95-1352, enacted at the first regular session of the sixtieth general assembly;

(h)

On July 1, 1995, one hundred thirty-one million nine hundred fifty-eight thousand two hundred seventy-three dollars with seventy-five million dollars of such amount to be available for appropriation only for state highway reconstruction, repair, and maintenance projects, plus twenty-six million nine hundred ninety-four thousand five hundred thirty-six dollars pursuant to H.B. 95-1352, enacted at the first regular session of the sixtieth general assembly;
(i)
Intentionally left blank —Ed.

(I)

On July 1, 1996, two hundred ten million nine hundred thirty-six thousand ninety-nine dollars with one hundred fifteen million dollars of such amount to be available for appropriation only for state highway reconstruction, repair, maintenance, and capacity expansion projects, notwithstanding the limitation specified in paragraph (a) of subsection (1) of this section and section 2-3-1304 (1)(a.5), C.R.S., for such revenues;

(II)

In addition to any other moneys transferred pursuant to this paragraph (i), on July 1, 1996, twenty million dollars to be available for appropriation only for the technology learning grant and revolving loan program established in article 11.5 of title 23, C.R.S.;

(j)

On July 1, 1997, one hundred million dollars, plus seventy-eight million seven hundred eighty-five thousand six hundred seventy-five dollars pursuant to H.B. 97-1244; plus two million seven hundred thirty-six thousand two hundred fifty dollars pursuant to H.B. 97-1318; plus seventy-three thousand six hundred thirty-six dollars pursuant to H.B. 97-1060; plus two hundred twenty-eight thousand two hundred seventy-two dollars pursuant to H.B. 97-1186, enacted at the first regular session of the sixty-first general assembly; plus sixteen million five hundred sixty-three thousand two hundred thirty-three dollars pursuant to H.B. 98-1402, enacted at the second regular session of the sixty-first general assembly;

(k)

On July 1, 1998, one hundred fifty million dollars with one hundred million dollars of such amount to be available for appropriation only for state highway reconstruction, repair, maintenance, and capacity expansion projects, plus three hundred sixteen thousand six hundred thirty-five dollars pursuant to H.B. 97-1186, enacted at the first regular session of the sixty-first general assembly; plus four million three hundred six thousand seven hundred seventy dollars pursuant to S.B. 98-186, enacted at the second regular session of the sixty-first general assembly; plus five million one hundred thousand dollars pursuant to H.B. 98-1006, enacted at the second regular session of the sixty-first general assembly; plus three million three hundred thousand dollars pursuant to H.B. 98-1068, enacted at the second regular session of the sixty-first general assembly; plus three hundred five million two hundred seventy-three thousand one hundred fifteen dollars pursuant to H.B. 98-1402, enacted at the second regular session of the sixty-first general assembly;

(l)

On July 1, 1999, one hundred million dollars, plus three hundred twenty-three thousand nine hundred ninety-eight dollars pursuant to H.B. 97-1186, enacted at the first regular session of the sixty-first general assembly; plus three thousand eight hundred forty dollars pursuant to S.B. 98-021, enacted at the second regular session of the sixty-first general assembly; plus nine thousand nine hundred fifty-seven dollars pursuant to H.B. 99-1068, enacted at the first regular session of the sixty-second general assembly; plus sixty-eight million six hundred ninety-one thousand four hundred five dollars pursuant to S.B. 99-239, enacted at the first regular session of the sixty-second general assembly; plus four million five hundred forty-nine thousand two hundred two dollars pursuant to H.B. 00-1416, enacted at the second regular session of the sixty-second general assembly;

(m)

On July 1, 2000, one hundred million dollars, plus one hundred eighty-four thousand ninety dollars pursuant to H.B. 97-1186; plus four hundred seventy-eight thousand six hundred thirty-four dollars pursuant to H.B. 97-1077, enacted at the first regular session of the sixty-first general assembly; plus twelve thousand two hundred seventeen dollars pursuant to S.B. 98-021, enacted at the second regular session of the sixty-first general assembly; plus seventy-one thousand two hundred seven dollars pursuant to H.B. 98-1160, enacted at the second regular session of the sixty-first general assembly; plus five hundred thousand dollars pursuant to H.B. 00-1069, enacted at the second regular session of the sixty-second general assembly; plus eight hundred twelve thousand seven hundred sixty-four dollars pursuant to H.B. 00-1107, enacted at the second regular session of the sixty-second general assembly; plus two hundred fifty-eight thousand one hundred eighty-six dollars pursuant to H.B. 00-1111, enacted at the second regular session of the sixty-second general assembly; plus six hundred twenty-five thousand two hundred three dollars pursuant to H.B. 00-1158, enacted at the second regular session of the sixty-second general assembly; plus four hundred forty-two thousand eight hundred fifty-two dollars pursuant to H.B. 00-1201, enacted at the second regular session of the sixty-second general assembly; plus four hundred sixteen thousand eight hundred two dollars pursuant to H.B. 00-1214, enacted at the second regular session of the sixty-second general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 00-1247, enacted at the second regular session of the sixty-second general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 00-1317, enacted at the second regular session of the sixty-second general assembly; plus one hundred sixty-eight million four hundred forty-six thousand two hundred ninety-three dollars pursuant to H.B. 00-1452, enacted at the second regular session of the sixty-second general assembly; plus two million one hundred thirty-nine thousand four hundred sixty-nine dollars pursuant to H.B. 01-1409, enacted at the first regular session of the sixty-third general assembly;

(n)

On July 1, 2001, one hundred million dollars, plus one hundred fifty-four thousand six hundred thirty-six dollars pursuant to H.B. 97-1186; plus nine hundred five thousand seven hundred twenty-three dollars pursuant to H.B. 97-1077, enacted at the first regular session of the sixty-first general assembly; plus nine thousand eight hundred ninety dollars pursuant to S.B. 98-021, enacted at the second regular session of the sixty-first general assembly; plus three hundred forty-nine thousand fifty-five dollars pursuant to H.B. 98-1160, enacted at the second regular session of the sixty-first general assembly; plus three hundred twenty-six thousand thirty-two dollars pursuant to H.B. 00-1107, enacted at the second regular session of the sixty-second general assembly; plus ninety-seven thousand two hundred fifty-four dollars pursuant to H.B. 00-1111, enacted at the second regular session of the sixty-second general assembly; plus two hundred ninety-one thousand seven hundred sixty-one dollars pursuant to H.B. 00-1158, enacted at the second regular session of the sixty-second general assembly; plus one million one hundred sixteen thousand nine hundred seventy-one dollars pursuant to H.B. 00-1201, enacted at the second regular session of the sixty-second general assembly; plus four hundred sixteen thousand eight hundred two dollars pursuant to H.B. 00-1214, enacted at the second regular session of the sixty-second general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 00-1247, enacted at the second regular session of the sixty-second general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to S.B. 01-046, enacted at the first regular session of the sixty-third general assembly; plus four hundred sixty-six thousand eight dollars pursuant to S.B. 01-210, enacted at the first regular session of the sixty-third general assembly; plus one hundred fifty-two million one hundred forty-seven thousand two hundred seven dollars pursuant to S.B. 01-232, enacted at the first regular session of the sixty-third general assembly; plus two hundred seventy-seven thousand eight hundred sixty-eight dollars pursuant to H.B. 01-1242, enacted at the first regular session of the sixty-third general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 01-1344, enacted at the first regular session of the sixty-third general assembly;
(n.5)(Deleted by amendment, L. 2001, 2nd Ex. Sess., p. 36, § 2, effective November 9, 2001.)(o) On July 1, 2002, nine million four hundred eighty-nine thousand dollars;

(p)

On July 1, 2003, nine million four hundred twenty thousand four hundred ninety-eight dollars, plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 03-1213, enacted at the first regular session of the sixty-fourth general assembly;

(q)

and (r)(Deleted by amendment, L. 2004, p. 685, § 1, effective July 1, 2004.)(r.5) On July 1, 2005, fifty-four thousand eight hundred forty-seven dollars, plus seventy-six thousand four hundred fourteen dollars pursuant to H.B. 04-1021, enacted at the second regular session of the sixty-fourth general assembly;

(s)

On July 1, 2006, eighty-two million six hundred ninety-seven thousand seven hundred seventy-four dollars; plus twenty-two thousand nine hundred twenty-four dollars pursuant to section 3 of H.B. 02S-1006, enacted at the third extraordinary session of the sixty-third general assembly; plus two hundred ninety-one thousand seven hundred sixty-one dollars pursuant to H.B. 03-1004, enacted at the first regular session of the sixty-fourth general assembly; plus one hundred twenty-five thousand forty-one dollars pursuant to H.B. 03-1138, enacted at the first regular session of the sixty-fourth general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 03-1213, enacted at the first regular session of the sixty-fourth general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 03-1317, enacted at the first regular session of the sixty-fourth general assembly; plus ninety thousand three hundred seven dollars pursuant to H.B. 04-1021, enacted at the second regular session of the sixty-fourth general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 04-1016, enacted at the second regular session of the sixty-fourth general assembly; plus fifteen million dollars pursuant to H.B. 06-1373, enacted at the second regular session of the sixty-fifth general assembly; plus one hundred seventy-four thousand three hundred eighty-eight dollars pursuant to S.B. 06-206, enacted at the second regular session of the sixty-fifth general assembly; plus one hundred seventy-four thousand three hundred eighty-eight dollars pursuant to S.B. 06-207, enacted at the second regular session of the sixty-fifth general assembly; plus six hundred ten thousand three hundred fifty-eight dollars pursuant to H.B. 06-1326, enacted at the second regular session of the sixty-fifth general assembly; plus eighty-seven thousand one hundred ninety-four dollars pursuant to H.B. 06-1145, enacted at the second regular session of the sixty-fifth general assembly; plus four hundred thirty-five thousand nine hundred seventy dollars pursuant to H.B. 06-1092, enacted at the second regular session of the sixty-fifth general assembly; plus eighty-seven thousand one hundred ninety-four dollars pursuant to H.B. 06-1151, enacted at the second regular session of the sixty-fifth general assembly; plus five hundred twenty-three thousand one hundred sixty-four dollars pursuant to H.B. 06-1011, enacted at the second regular session of the sixty-fifth general assembly; plus eighty-seven thousand one hundred ninety-four dollars pursuant to S.B. 06S-004, enacted at the first extraordinary session of the sixty-fifth general assembly; plus one hundred seventy-four thousand three hundred eighty-eight dollars pursuant to S.B. 06S-005, enacted at the first extraordinary session of the sixty-fifth general assembly; plus eighty-seven thousand one hundred ninety-four dollars pursuant to S.B. 06S-007, enacted at the first extraordinary session of the sixty-fifth general assembly; plus thirty million dollars;

(t)

On July 1, 2007, forty-seven million eight hundred twenty-one thousand seven hundred forty-six dollars, plus four hundred sixteen thousand eight hundred two dollars pursuant to H.B. 03-1004, enacted at the first regular session of the sixty-fourth general assembly; plus fifty-five thousand five hundred seventy-four dollars pursuant to H.B. 03-1317, enacted at the first regular session of the sixty-fourth general assembly; plus thirteen thousand eight hundred ninety-three dollars pursuant to H.B. 04-1021, enacted at the second regular session of the sixty-fourth general assembly; plus twenty-two million eight hundred eighty-five thousand three hundred eighty-six dollars pursuant to H.B. 06-1373, enacted at the second regular session of the sixty-fifth general assembly; plus two hundred nine thousand two hundred sixty-six dollars pursuant to S.B. 06-206, enacted at the second regular session of the sixty-fifth general assembly; plus two hundred nine thousand two hundred sixty-six dollars pursuant to S.B. 06-207, enacted at the second regular session of the sixty-fifth general assembly; plus six hundred ten thousand three hundred fifty-eight dollars pursuant to H.B. 06-1326, enacted at the second regular session of the sixty-fifth general assembly; plus sixty-nine thousand seven hundred fifty-five dollars pursuant to H.B. 06-1151, enacted at the second regular session of the sixty-fifth general assembly; plus five hundred twenty-three thousand one hundred sixty-four dollars pursuant to H.B. 06-1011, enacted at the second regular session of the sixty-fifth general assembly; plus seventeen thousand four hundred thirty-nine dollars pursuant to S.B. 06S-005, enacted at the first extraordinary session of the sixty-fifth general assembly; plus three hundred seventy-five thousand four hundred ninety-five dollars pursuant to S.B. 07-096, enacted at the first regular session of the sixty-sixth general assembly; plus five hundred thousand six hundred sixty dollars pursuant to H.B. 07-1326, enacted at the first regular session of the sixty-sixth general assembly;

(u)

On July 1, 2008, twenty million dollars, plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 04-1021, enacted at the second regular session of the sixty-fourth general assembly; plus three hundred ninety-two thousand three hundred seventy-three dollars pursuant to S.B. 06-206, enacted at the second regular session of the sixty-fifth general assembly; plus three hundred ninety-two thousand three hundred seventy-three dollars pursuant to S.B. 06-207, enacted at the second regular session of the sixty-fifth general assembly; plus four hundred sixty-two thousand one hundred twenty-eight dollars pursuant to H.B. 06-1326, enacted at the second regular session of the sixty-fifth general assembly; plus twenty-six thousand one hundred fifty-eight dollars pursuant to H.B. 06-1145, enacted at the second regular session of the sixty-fifth general assembly; plus five hundred twenty-three thousand one hundred sixty-four dollars pursuant to H.B. 06-1011, enacted at the second regular session of the sixty-fifth general assembly; plus sixty-nine thousand seven hundred fifty-five dollars pursuant to S.B. 06S-004, enacted at the first extraordinary session of the sixty-fifth general assembly; plus three hundred twenty-five thousand four hundred twenty-nine dollars pursuant to S.B. 07-096, enacted at the first regular session of the sixty-sixth general assembly; plus one hundred fifty thousand one hundred ninety-eight dollars pursuant to H.B. 07-1326, enacted at the first regular session of the sixty-sixth general assembly; plus one hundred twenty-five thousand one hundred sixty-five dollars pursuant to H.B. 08-1115, enacted at the second regular session of the sixty-sixth general assembly; plus two million one hundred twenty-seven thousand eight hundred five dollars pursuant to H.B. 08-1352, enacted at the second regular session of the sixty-sixth general assembly; plus one hundred twenty-five thousand one hundred sixty-five dollars pursuant to S.B. 08-239, enacted at the second regular session of the sixty-sixth general assembly; plus one hundred twenty-five thousand one hundred sixty-five dollars pursuant to H.B. 08-1194, enacted at the second regular session of the sixty-sixth general assembly;
(v)
On July 1, 2009, forty-three thousand five hundred ninety-seven dollars pursuant to H.B. 06-1145, enacted at the second regular session of the sixty-fifth general assembly; plus one hundred twenty-five thousand one hundred sixty-five dollars pursuant to S.B. 08-239, enacted at the second regular session of the sixty-sixth general assembly;

(w)

On July 1, 2010, eight million six hundred twenty-five thousand five hundred six dollars, plus five hundred twenty-three thousand one hundred sixty-four dollars pursuant to S.B. 06-206, enacted at the second regular session of the sixty-fifth general assembly; plus five hundred twenty-three thousand one hundred sixty-four dollars pursuant to S.B. 06-207, enacted at the second regular session of the sixty-fifth general assembly; plus forty-three thousand five hundred ninety-seven dollars pursuant to H.B. 06-1145, enacted at the second regular session of the sixty-fifth general assembly; plus five hundred twenty-three thousand one hundred sixty-four dollars pursuant to H.B. 06-1011, enacted at the second regular session of the sixty-fifth general assembly; plus sixty-nine thousand seven hundred fifty-five dollars pursuant to S.B. 06S-004, enacted at the first extraordinary session of the sixty-fifth general assembly; plus seven hundred fifty thousand nine hundred ninety dollars pursuant to S.B. 07-096, enacted at the first regular session of the sixty-sixth general assembly; plus one hundred twelve thousand six hundred forty-nine dollars pursuant to H.B. 08-1115, enacted at the second regular session of the sixty-sixth general assembly; plus one hundred thirty-seven thousand six hundred eighty-two dollars pursuant to S.B. 08-239, enacted at the second regular session of the sixty-sixth general assembly; plus ninety-one thousand three hundred seventy dollars pursuant to H.B. 10-1081, enacted at the second regular session of the sixty-seventh general assembly; plus eighty-three thousand eight hundred sixty-one dollars pursuant to H.B. 10-1277, enacted at the second regular session of the sixty-seventh general assembly;
(x)
On July 1, 2011, forty-seven million six hundred seventy-one thousand seven hundred forty-nine dollars, plus seven hundred fifty thousand nine hundred ninety dollars pursuant to S.B. 07-096, enacted at the first regular session of the sixty-sixth general assembly; plus three hundred seventy-five thousand four hundred ninety-five dollars pursuant to S.B. 08-239, enacted at the second regular session of the sixty-sixth general assembly;

(y)

On July 1, 2012, sixty million three hundred thirty-nine thousand four hundred ninety-three dollars, plus one hundred twelve thousand six hundred forty-nine dollars pursuant to H.B. 08-1115, enacted at the second regular session of the sixty-sixth general assembly; plus three hundred seventy-five thousand four hundred ninety-five dollars pursuant to S.B. 08-239, enacted at the second regular session of the sixty-sixth general assembly; plus eighty-three thousand eight hundred sixty-one dollars pursuant to S.B. 10-128, enacted at the second regular session of the sixty-seventh general assembly;

(z)

On July 1, 2013, one hundred one million five hundred seventy-five thousand eight hundred seventy-four dollars;

(aa)

On July 1, 2014, two hundred twenty-four million nine hundred ninety-three thousand four hundred sixty-five dollars;

(bb)

On April 1, 2015, twenty-three million eight thousand three hundred thirty-two dollars;

(cc)

On July 1, 2015, one hundred forty-three million nine hundred fifty-one thousand six hundred thirty-nine dollars;

(dd)

On July 1, 2016, twenty million five hundred eighty-six thousand three hundred ninety-eight dollars;

(ee)

On July 1, 2017, sixty-eight million eight hundred forty thousand four hundred forty-six dollars;

(ff)

On July 1, 2018, seventy-three million nine hundred seventy-four thousand eight hundred fifty dollars;

(gg)

On July 1, 2019, ninety million six hundred ninety-five thousand nine hundred eighty-nine dollars;

(hh)

For the 2019-20 fiscal year, one hundred seventy-eight thousand four hundred seventy-one dollars pursuant to H.B. 19-1250, enacted in 2019;
(ii)
For the 2019-20 state fiscal year, one hundred ten thousand six hundred fifty-two dollars pursuant to S.B. 19-172, enacted in 2019;

(jj)

For the 2019-20 state fiscal year, one million three hundred ninety-seven thousand six hundred twenty-four dollars;

(kk)

On July 1, 2020, two million forty-three thousand seven hundred sixty-eight dollars;

(ll)

For the 2020-21 state fiscal year, one million dollars under S.B. 20-003, enacted in 2020;

(mm)

On March 21, 2021, for the 2020-21 state fiscal year, twenty million dollars under S.B. 21-112, enacted in 2021;

(nn)

On July 1, 2021, one hundred ninety-one million two hundred eighty-nine thousand one hundred seventy-eight dollars;

(oo)

For the 2021-22 fiscal year, one hundred nine thousand four hundred sixty-two dollars pursuant to S.B. 21-064, enacted in 2021;

(pp)

On April 1, 2022, four million one hundred thirteen thousand two hundred sixteen dollars;

(qq)

On July 1, 2022, four million six hundred thirty-nine thousand four hundred forty-three dollars;

(rr)

On April 1, 2023, five million five hundred ninety-two thousand nine hundred thirty dollars; and

(ss)

On July 1, 2023, two hundred forty-seven million nine hundred sixty-eight thousand two hundred eighty-seven dollars.

(2.3)

In addition to the sums transferred pursuant to subsections (2) and (2.5) of this section, the state treasurer and the controller shall transfer a sum as specified in this subsection (2.3) from the general fund to the information technology capital account created in subsection (3.7) of this section as money becomes available in the general fund during the fiscal year beginning on July 1 of the fiscal year in which the transfer is made or on April 1 of the fiscal year if otherwise specified. Transfers between funds pursuant to this subsection (2.3) are not appropriations subject to the limitations of section 24-75-201.1. The amounts transferred pursuant to this subsection (2.3) are as follows:

(a)

On July 1, 2015, seventy-six million eight hundred seventy-seven thousand seven hundred ninety dollars;

(b)

On July 1, 2016, ten million six hundred ninety-seven thousand four hundred nine dollars;

(c)

On July 1, 2017, nineteen million eight hundred fifty-five thousand five hundred fifteen dollars;

(d)

On April 1, 2018, two million eight hundred eighty-eight thousand five hundred twenty-nine dollars;

(e)

On July 1, 2018, seven hundred thousand dollars;

(f)

On July 1, 2018, fifteen million two hundred six thousand seven hundred sixty dollars;

(g)

On July 1, 2019, twelve million three hundred forty-two thousand six hundred seventy-six dollars;

(h)

On April 1, 2020, seven million four hundred sixty-six thousand six hundred forty-eight dollars;

(i)

On July 1, 2020, four hundred forty-five thousand dollars;

(j)

On July 1, 2021, twenty-seven million forty thousand three hundred two dollars;

(k)

On April 1, 2022, nine hundred fifty thousand six hundred ninety dollars;

(l)

On April 1, 2022, three million five hundred dollars;

(m)

On July 1, 2022, one hundred six million six hundred sixty-one thousand eight hundred seventy-seven dollars;

(n)

On April 1, 2023, four hundred ninety-nine thousand five hundred dollars; and

(o)

On July 1, 2023, sixty-three million nine hundred thirteen thousand nine hundred eighty-eight dollars;

(2.5)

In addition to the sums transferred pursuant to subsections (2) and (2.3) of this section, the state treasurer and the controller shall transfer a sum as specified in this subsection (2.5) from the general fund exempt account of the general fund created pursuant to section 24-77-103.6 to the capital construction fund as money becomes available in the general fund exempt account during the fiscal year beginning on July 1 of the fiscal year in which the transfer is made. Transfers between funds pursuant to this subsection (2.5) are not appropriations subject to the limitations of section 24-75-201.1. The amounts transferred pursuant to this subsection (2.5) are as follows:

(a)

On July 1, 2005, ten million dollars;

(b)

On July 1, 2006, fifteen million dollars;

(c)

On July 1, 2007, twenty million dollars;
(d)(Deleted by amendment, L. 2010, (HB 10-1389), ch. 206, p. 893, § 1, effective May 5, 2010.)(e) On July 1, 2010, five hundred thousand dollars;

(f)

On July 1, 2011, five hundred thousand dollars;

(g)

On July 1, 2012, five hundred thousand dollars;

(h)

On July 1, 2013, eighty-five million one hundred thirty-nine thousand six hundred nineteen dollars, of which eighty-four million six hundred thirty-nine thousand six hundred nineteen dollars is for capital construction appropriations related to higher education as allowed in section 24-77-104.5 (4)(a)(V);

(i)

On July 1, 2014, five hundred thousand dollars;

(j)

On July 1, 2015, five hundred thousand dollars;

(k)

On July 1, 2016, five hundred thousand dollars;

(l)

On July 1, 2017, five hundred thousand dollars;

(m)

On July 1, 2018, five hundred thousand dollars;

(n)

On July 1, 2019, five hundred thousand dollars;

(o)

On July 1, 2020, five hundred thousand dollars;

(p)

On July 1, 2021, five hundred thousand dollars;

(q)

On July 1, 2022, five hundred thousand dollars; and

(r)

On July 1, 2023, five hundred thousand dollars.

(2.7)

and (3) Repealed.

(3.2)

Intentionally left blank —Ed.

(a)

There is hereby created a special account within the capital construction fund established pursuant to subsection (1) of this section to be known as the emergency controlled maintenance account. The account consists of any money appropriated to the account by the general assembly or transferred or credited to the account. The money in the account is subject to annual appropriation and may be used only to fund any unplanned and immediate controlled maintenance needs pursuant to section 24-30-1303.9 (5). All money unexpended or unencumbered in any fiscal year must remain in the account.

(b)

On July 1, 2021, the state treasurer shall transfer to the capital construction fund created in subsection (1)(a) of this section eight million dollars of the money appropriated to the emergency controlled maintenance account in section 1 (1)(d) of House Bill 20-1408, enacted in 2020.

(c)

On July 2, 2021, the state treasurer shall transfer to the capital construction fund created in subsection (1)(a) of this section any excess proceeds from the issuance of a lease-purchase agreement under Senate Bill 20-219 that are initially credited to the emergency controlled maintenance account. The transferred money is subsequently available for appropriation for capital construction, capital renewal, or controlled maintenance projects, but must be spent no later than March 1, 2024. Unexpended appropriations do not revert to the general fund and must be spent for capital construction, capital renewal, or controlled maintenance projects no later than March 1, 2024.

(3.3)

Intentionally left blank —Ed.

(a)

There is hereby created a special account within the capital construction fund established pursuant to subsection (1) of this section to be known as the Fort Logan land sale account. The account consists of any money credited to the account by the state treasurer from the proceeds of the sale of fifty-one acres of vacant land around the Colorado mental health institute at Fort Logan to the United States department of veterans affairs for the purpose of expanding the Fort Logan national cemetery, authorized in House Bill 17-1346, enacted in 2017. The money in the account may be used for future capital construction, capital renewal, or controlled maintenance expenses of the department of human services, contingent upon approval by both the office of state planning and budgeting and the capital development committee; except that all or a portion of the money must be expended for veterans-related and behavioral health-related projects. The money in the account is subject to annual appropriation and all money that is unexpended or unencumbered in any fiscal year must remain in the account.

(b)

Notwithstanding subsection (3.3)(a) of this section, on June 30, 2020, the state treasurer shall transfer seven million nine hundred thousand dollars from the Fort Logan land sale account to the general fund.

(3.5)

There is hereby created a special account within the capital construction fund established pursuant to subsection (1) of this section to be known as the “financed purchase of an asset or certificate of participation servicing account” for the benefit of the department of personnel. The state treasurer shall deposit into the financed purchase of an asset or certificate of participation servicing account all money transferred or received pursuant to section 24-82-802 (9). Money in the financed purchase of an asset or certificate of participation servicing account is subject to annual appropriation and may only be used to pay annual financed purchase of an asset or certificate of participation payments, as defined in section 24-82-802 (1)(a), for financed purchase of an asset or certificate of participation agreements authorized pursuant to section 24-82-802 or for operating, maintenance, and controlled maintenance costs and to establish a reserve for controlled maintenance costs for the buildings subject to the financed purchase of an asset or certificate of participation agreements. All interest and income derived from the investment and deposit of money in the account shall be credited to the account. All money remaining in the account at the end of a fiscal year that is unexpended or unencumbered must remain in the account.

(3.7)

Intentionally left blank —Ed.

(a)

There is hereby created a special account within the capital construction fund established pursuant to subsection (1) of this section to be known as the information technology capital account. The account consists of any money appropriated or transferred to the account by the general assembly. The general assembly may appropriate money in the account for information technology projects. The appropriation for information technology projects must be set forth in a single line item as a total sum. All unappropriated balances in the account at the close of any fiscal year remain in the account and do not revert to the general fund. All unexpended or unencumbered money from an information technology capital account appropriation to a state agency or state institution of higher education for any fiscal year reverts to the account at the end of the period for which the money is appropriated. No portion of the unexpended balance of a state agency’s or state institution of higher education’s information technology capital account appropriation may be used by the state agency or the state institution of higher education for any additional projects that are beyond the scope or design of the original project without further approval by the joint technology committee of the additional project. Anticipation warrants or checks may be issued against the revenues of the account as provided by law. All interest earned from the investment of money in the account must remain in and become part of the account.

(b)

In addition to appropriations from the information technology capital account that are authorized pursuant to subsection (3.7)(a) of this section, the general assembly may appropriate money in the account for an information technology project that is submitted to the general assembly by the legislative or judicial department, the department of law, the department of state, or the department of the treasury as an operating request pursuant to section 2-3-208. Any appropriation from the account pursuant to this subsection (3.7)(b) is subject to the requirements of subsection (3.7)(a) of this section.

(3.8)

Intentionally left blank —Ed.

(a)

There is hereby created an account within the capital construction fund, established pursuant to subsection (1) of this section, to be known as the regional center depreciation account. For the 2014-15 fiscal year, and each fiscal year thereafter, the state controller shall annually transfer to the account all moneys received by the department of human services for depreciation of the state’s regional centers. The moneys in the account are subject to appropriation and may only be used to fund capital construction, capital renewal, or controlled maintenance of the state’s regional centers. The department of human services shall submit requests for moneys from the account to the capital development committee and only upon approval by the capital development committee may an appropriation be authorized in a bill enacted by the general assembly, the annual general appropriation act, or a supplemental appropriation act. All moneys unexpended or unencumbered in any fiscal year must remain in the account.

(b)

The department of human services shall provide details to the joint budget committee no later than thirty-five days after the close of the fiscal year of the total moneys credited to the regional center depreciation and controlled maintenance account for the fiscal year.

(4)

Notwithstanding any provision of subsection (2) of this section to the contrary, seventy-five million dollars of the amount to be transferred on July 1, 1994, pursuant to paragraph (g) of said subsection (2) and twenty-five million dollars of the amount to be transferred on July 1, 1995, pursuant to paragraph (h) of said subsection (2) shall be transferred by the state treasurer and the controller from general fund reserves into the capital construction fund and, as reserve transfers, shall be excluded from state fiscal year spending, as defined in section 20 (2)(e) of article X of the state constitution, for the 1994-95 and 1995-96 fiscal years, respectively.

(5)

On November 9, 2001, pursuant to S.B. 01S2-023, enacted at the second extraordinary session of the sixty-third general assembly, the state treasurer and the controller shall transfer two hundred nineteen million two hundred sixty-six thousand eight hundred fifty-three dollars from the capital construction fund to the general fund created in section 24-75-201 (1).

(6)

Intentionally left blank —Ed.

(a)

On March 27, 2002, pursuant to H.B. 02-1389, enacted at the second regular session of the sixty-third general assembly, the state treasurer and the controller shall transfer thirty-seven million five hundred thousand seven hundred fifty-five dollars from the capital construction fund to the general fund created in section 24-75-201 (1).

(b)

On March 26, 2003, pursuant to S.B. 03-179, enacted at the first regular session of the sixty-fourth general assembly, the state treasurer and the controller shall transfer twenty-five million two hundred fifty-five thousand nine hundred forty dollars from the capital construction fund to the general fund created in section 24-75-201 (1).

(7)

Intentionally left blank —Ed.

(a)

Notwithstanding any provision of this section to the contrary, as soon as practicable after March 27, 2002, the state treasurer shall transfer from the capital construction fund to the general fund created in section 24-75-201 (1), an amount equal to the interest earned on the principal of the capital construction fund from the beginning of the 2001-02 fiscal year through February 28, 2002.

(b)

For each succeeding calendar month of the 2001-02 fiscal year, through June 30, 2002, the state treasurer shall transfer from the capital construction fund to the general fund an amount equal to the interest earned on the principal of the capital construction fund during such calendar month no later than the last day of the month in which such interest was earned.

(c)

Intentionally left blank —Ed.

(I)

Notwithstanding any provision of this section to the contrary, as soon as practicable after March 26, 2003, the state treasurer shall transfer from the capital construction fund to the general fund created in section 24-75-201 (1), an amount equal to the interest earned on the principal of the capital construction fund from the beginning of the 2002-03 fiscal year through February 28, 2003.

(II)

For each succeeding calendar month of the 2002-03 fiscal year, through June 30, 2003, the state treasurer shall transfer from the capital construction fund to the general fund an amount equal to the interest earned on the principal of the capital construction fund during the calendar month. The transfer shall occur no later than the last day of the month in which the interest was earned.

(8)

On May 28, 2002, pursuant to H.B. 02-1443, enacted at the second regular session of the sixty-third general assembly, the state treasurer and the controller shall transfer fifty-three million five hundred forty-five thousand dollars from the capital construction fund to the general fund created in section 24-75-201 (1).

(9)

On July 1, 2004, pursuant to H.B. 04-1412, enacted at the second regular session of the sixty-fourth general assembly, the state treasurer and the controller shall transfer two hundred eighty-five thousand seven hundred eighty-two dollars from the capital construction fund to the general fund created in section 24-75-201 (1).

(10)

Intentionally left blank —Ed.

(a)

Notwithstanding any other provision of this section to the contrary, on July 1, 2009, the state treasurer shall deduct twenty-eight million fifty-four thousand four hundred seventy-six dollars from the capital construction fund and transfer such sum to the general fund.

(b)

Notwithstanding any other provision of this section to the contrary, on May 5, 2010, the state treasurer shall deduct thirteen million three hundred seventeen thousand eight hundred forty-five dollars from the capital construction fund and transfer such sum to the general fund.

(11)

Notwithstanding any provision of this section to the contrary, on April 15, 2010, the state treasurer shall deduct three hundred thirty-five thousand dollars from the emergency controlled maintenance account in the capital construction fund and transfer such sum to the general fund.

(12)

Notwithstanding any other provision of this section to the contrary, on June 30, 2020, the state treasurer shall transfer twenty-one million one hundred thirty-four thousand seven hundred nine dollars from the information technology capital account created in subsection (3.7) of this section to the general fund.

(13)

The fund includes money transferred pursuant to sections 24-33.5-706 (4.7) and 39-29-109.3 (10).

Source: Section 24-75-302 — Capital construction fund - capital assessment fees - calculation - information technology capital account, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

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

§ 24-75-302’s source at colorado​.gov