Colorado Code § 24-75-111.5

Additional authority for controller to allow expenditures for capital construction items in certain circumstances - definition
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(1) For purposes of this section,
"nonmonetary adjustment" means a change that does not affect the amount of the appropriation,
including a name change, an extension of time for completion, a scope change, a transfer
between departments, or other such similar changes.
(2) For fiscal years commencing on or after July 1, 2015, the controller may allow any
department, institution, or agency of the state, including any institution of higher education, to
expend moneys differently from the authority granted by an item of appropriation for a capital
construction budget item or an information technology capital project if the capital construction,
controlled maintenance, capital renewal project, or information technology capital project that
the appropriation was for requires a nonmonetary adjustment for its timely continuation and the
nonmonetary adjustment is due to unforeseen circumstances arising while the general assembly
is not meeting in regular or special session during which such nonmonetary adjustment would be
legislatively addressed, under the following circumstances:
(a) If the nonmonetary adjustment 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:
(I) The request for the nonmonetary adjustment has been submitted to the office of state
planning and budgeting for approval and the office of state planning and budgeting has approved
the nonmonetary adjustment, in whole or in part; and
(II) Upon approval by the office of state planning and budgeting, the request for the
nonmonetary adjustment has been submitted to the capital development committee for
consideration; and
(III) Upon the issuance of a written recommendation regarding the nonmonetary
adjustment by the capital development committee, the request for the nonmonetary adjustment
has been submitted to the joint budget committee for approval; and
(IV) The request for the nonmonetary adjustment 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
(b) If the nonmonetary adjustment 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:
(I) The request for the nonmonetary adjustment has been submitted to the capital
development committee for consideration; and
(II) Upon the issuance of a written recommendation regarding the nonmonetary
adjustment by the capital development committee, the request for the nonmonetary adjustment
has been submitted to the joint budget committee for approval; and
(III) The request for the nonmonetary adjustment 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.
(c) If the nonmonetary adjustment is in regard to an information technology capital
project 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:
(I) The request for the nonmonetary adjustment has been submitted to the office of state
planning and budgeting for approval and the office of state planning and budgeting has approved
the nonmonetary adjustment, in whole or in part;
(II) Upon approval by the office of state planning and budgeting, the request for the
nonmonetary adjustment has been submitted to the joint technology committee of the general
assembly for consideration;
(III) Upon the issuance of a written recommendation regarding the nonmonetary
adjustment by the joint technology committee, the request for the nonmonetary adjustment has
been submitted to the joint budget committee for approval; and
(IV) The request for the nonmonetary adjustment 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
(d) If the nonmonetary adjustment is in regard to an information technology capital
project and is requested by the department of law, the department of the treasury, the department
of state, the judicial department, or the legislative department:
(I) The request for the nonmonetary adjustment has been submitted to the joint
technology committee of the general assembly for consideration;
(II) Upon the issuance of a written recommendation regarding the nonmonetary
adjustment by the joint technology committee, the request for the nonmonetary adjustment has
been submitted to the joint budget committee for approval; and
(III) The request for the nonmonetary adjustment 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.
(3) Any department, institution, or agency of the state requesting a nonmonetary
adjustment 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.
(4) Nonmonetary adjustments must be consistent with the original purpose for which the
appropriation was made and may not change the amount of the appropriation.
(5) The joint budget committee shall introduce a supplemental appropriation for the
fiscal year in which the nonmonetary adjustment occurred that reflects the nonmonetary
adjustment.

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