(5.5) Any commitment voucher that provides that the financial obligations of the state in subsequent fiscal years are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available shall not be deemed to create any state multiple-fiscal year direct or indirect debt or other financial obligation whatsoever for purposes of section 20 (4)(b) of article X of the state constitution. If a financed purchase of an asset or certificate of participation agreement is subject to the requirement of specific authorization by the general assembly under part 8 of article 82 of this title 24, such committees shall make a recommendation to the general assembly concerning whether to authorize the financed purchase of an asset or certificate of participation agreement. The department of personnel and the Colorado commission on higher education shall maintain comparative data which will assist in determining the relative costs to the state, over the entire term of the arrangement, of financing the purchase or lease of property through pay-as-you-go methods, certificates of participation, or other arrangements.
(8.5) Any other provision of law to the contrary notwithstanding, the controller may, after adequate notification to the state treasurer, make payment by means of an electronic fund transfer. Payment by electronic fund transfer shall be in lieu of payment by state warrant or check and shall discharge the controller's obligation with respect to payment. Any unauthorized use of the electronic fund transfer capability shall be reported to the controller within twenty-four hours after occurrence or disclosure becomes known. Immediately upon discovery of unauthorized use, measures that will prevent further unauthorized use shall be implemented.
(14) [ Editor's note: This version of subsection (14) is effective March 1, 2022. ] If the controller or any other state employee knowingly draws or issues any warrant or check upon the state treasurer not authorized by law, he or she commits a class 2 misdemeanor.
(17) [ Editor's note: This version of subsection (17) is effective March 1, 2022. ] Any state officer or employee who willfully neglects or refuses to perform the officer's or employee's duty as prescribed in this section or as prescribed in the fiscal rules promulgated by the controller in conformity with this section commits a civil infraction.
(f) All state agencies are required to make and preserve records of employees' wages and hours and other conditions and practices of employment.
(g)
(h)
(j) Repealed.
(20.1) The controller, or the controller's designee, is hereby authorized, upon written request made to the controller, to allow any state department, institution, or agency to draw upon its appropriation a sum set by fiscal rule promulgated by the controller, which fiscal rule may not authorize a sum in excess of two thousand five hundred dollars, and considered appropriate for the circumstances, to be used for the payment of incidental expenses. Items of postage, express, telegrams, and other incidental expenses may be paid from such moneys. At the end of each month, or as often as is practicable, the department, institution, or agency making such incidental expenditures shall submit a voucher to the controller covering the total amount of such expenditures and shall submit a list of all such expenditures, together with proper receipts, if any, and the controller shall draw the controller's warrant or check against the proper appropriation to cover all items of expenditures that the controller approves. The controller is also authorized, upon the request of any state department, institution, or agency, to allow a reasonable advance of moneys to employees and officials for authorized travel on official state business not to exceed an amount set by fiscal rule promulgated by the controller.
Source: L. 47: p. 224, § 3. CSA: C. 3, § 12(1). L. 49: pp. 199, 200, 683, §§ 1, 1, 4. CRS 53: § 3-3-2. L. 57: pp. 120, 121, §§ 1, 1. L. 61: pp. 130-132, §§ 1, 1, 1. L. 63: pp. 125, 230, §§ 1, 2. C.R.S. 1963: § 3-3-2. L. 65: p. 142, § 1. L. 69: pp. 74, 75, §§ 1, 1. L. 70: p. 107, § 4. L. 71: pp. 85, 87, 89, 91, §§ 1, 1, 1, 1. L. 72: p. 576, § 1. L. 73: p. 168, § 1. L. 75: (23) added, p. 801, § 1, effective July 1. L. 76: (20) amended, p. 610, § 1, effective April 16; (21) amended, p. 305, § 43, effective May 20. L. 77: (5)(a) amended, p. 1170, § 1, effective May 27; (18) R&RE, p. 1171, § 1, effective July 1; (15) and (16) amended, p. 879, § 52, effective July 1, 1979. L. 80: (13) amended, p. 570, § 2, effective March 17. L. 83: (20) amended and (13)(c), (20.1), and (24) added, pp. 858, 859, 860, 882, §§ 2, 4, 5, 1, effective July 1. L. 84: (25) added and (18)(j) and (20) amended, pp. 675, 677, §§ 1, 2, effective July 1. L. 85: (26) added, p. 875, § 11, effective June 6. L. 86: (18)(a), (18)(e), and (18)(h) amended and (18)(j) repealed, pp. 889, 890, §§ 1, 3, effective April 13. L. 86, 2nd Ex. Sess.: (21) amended, p. 68, § 14, effective August 25. L. 87: (20.1) amended, pp. 934, 1118, §§ 1, 2, effective April 22. L. 88: (3) amended, p. 912, § 2, effective March 18; (21) amended, p. 1431, § 11, effective June 11. L. 89: (15) and (16) amended, p. 844, § 111, effective July 1. L. 90: (26) amended, p. 1307, § 1, effective July 1. L. 91: (2) amended and (8.5) added, p. 881, § 1, effective March 12; (5)(b) amended, p. 1058, § 14, effective July 1. L. 92: IP(12) amended, p. 1080, § 1, effective March 14; (18)(h) repealed, p. 1056, § 1, effective May 21. L. 93: (5.5) added, p. 2031, § 1, effective June 9; (18)(a) to (18)(e), (18)(g), and (18)(i) repealed, p. 35, § 1, effective July 1. L. 95: (5.5) amended, p. 641, § 35, effective July 1; (9)(c) added, p. 522, § 1, effective July 1; (27) added, p. 40, § 3, effective January 1, 1996. L. 96: (18)(f) amended and (23) repealed, p. 1495, §§ 3, 4, effective June 1; (10), (12)(a), and (12)(b) amended, p. 1517, § 50, effective June 3; (4) amended, p. 1869, § 3, effective June 6. L. 97: (20.1) amended, p. 49, § 1, effective March 21; (1) amended, p. 941, § 1, effective July 1. L. 98: IP(12) amended, p. 849, § 4, effective May 26. L. 99: (5.5) and (26) amended, p. 688, § 8, effective August 4. L. 2001: (1) amended, p. 114, § 1, effective August 8. L. 2002: (15) and (16) amended, p. 1531, § 244, effective October 1. L. 2003: IP(12) amended, p. 14, § 1, effective March 5; (8) amended, p. 557, § 1, effective August 6; (9)(c)(II) repealed, p. 721, § 2, effective August 6. L. 2005: (25)(a) amended, p. 278, § 9, effective August 8. L. 2006: IP(12) amended, p. 2010, § 72, effective July 1. L. 2008: (9)(a) amended and (9)(c)(IV) added, p. 1075, §§ 1, 2, effective May 22. L. 2010: (1) and (20.1) amended, (HB 10-1181), ch. 351, pp. 1630, 1619, §§ 26, 1, effective June 7; (9)(d) added and (13) and (22) amended, (SB 10-003), ch. 391, pp. 1849, 1848, §§ 26, 25, effective June 9. L. 2013: (5)(b) amended and (5)(c) added, (HB 13-1235), ch. 375, p. 2206, § 1, effective June 5. L. 2014: (6) to (9), (14), and (20.1) amended, (HB 14-1391), ch. 328, p. 1449, § 6, effective June 5. L. 2017: (26) amended, (HB 17-1058), ch. 18, p. 58, § 2, effective March 8; (9)(a) amended, (SB 17-046), ch. 116, p. 414, § 1, effective August 9; (24)(b) amended, (HB 17-1051), ch. 99, p. 350, § 64, effective August 9. L. 2018: (1) amended, (HB 18-1421), ch. 395, p. 2354, § 1, effective June 6. L. 2019: IP(9)(c) amended, (SB 19-088), ch. 110, p. 467, § 7, effective July 1, 2020. L. 2021: (5)(b) and (5.5) amended, (HB 21-1316), ch. 352, p. 2024, § 31, effective July 1; (1) amended, (HB 21-1236), ch. 211, p. 1116, § 16, effective September 7; (14) and (17) amended, (SB 21-271), ch. 462, p. 3225, § 411, effective March 1, 2022.
Editor's note: (1) The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L.79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).
(2) Subsection (13)(c)(II) provided for the repeal of subsection (13)(c), effective June 30, 1985, and subsection (20) provided for the repeal of subsection (20), effective June 30, 1985. (See L . 83, p. 859.)
(3) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
Cross references: (1) For the legislative declaration contained in the 1995 act amending subsection (5.5), see section 112 of chapter 167, Session Laws of Colorado 1995.
(2) For the legislative declaration contained in the 2002 act amending subsections (15) and (16), see section 1 of chapter 318, Session Laws of Colorado 2002.
(3) For the legislative declaration in the 2010 act adding subsection (9)(d) and amending subsections (13) and (22), see section 1 of chapter 391, Session Laws of Colorado 2010.
Structure Colorado Code
Article 30 - Department of Personnel - State Administrative Support Services
§ 24-30-201. Accounts and Control - Controller
§ 24-30-202. Procedures - Vouchers, Warrants, and Checks - Rules - Penalties - Definitions
§ 24-30-202.5. Assistant State Solicitors General
§ 24-30-202.7. Lottery Winnings Offset - Definitions
§ 24-30-203. Refunds of Money Erroneously Collected
§ 24-30-205. Duties of Controller
§ 24-30-207. Reports of Revenue and Expenditures
§ 24-30-210. Cash Fund Solvency Fund - Creation - Loans - Report - Legislative Declaration