1 CCR 101-1-7-2 - EXPIRATION AND ROLLFORWARD OF APPROPRIATIONS

1. AUTHORITY

§24-75-102, C.R.S. (Appropriation Expiration)

2. DEFINITIONS

2.1. Carryforward - The remaining amount of a multi-year appropriation transferred into a subsequent fiscal year until the expiration of that multi-year appropriation.

2.2. Encumbrance - See Fiscal Rule 3-1 (Commitment Vouchers).

2.3. Multi-Year Appropriation - Funding that is legally authorized for use in more than one fiscal year, including, but not limited, to Capital Construction appropriations.

2.4. Rollforward - The remaining amount of an appropriation transferred into a subsequent fiscal year that is beyond the expiration of that appropriation.

3. RULE

3.1. Current Year Appropriations

Unless otherwise authorized by law, unexpended appropriations expire at the end of each fiscal year and do not continue into a subsequent fiscal year. Open Encumbrances at the end of a fiscal year do not constitute an obligation against that year's appropriation. Open Encumbrances that are carried over to the next fiscal year and the resulting expenditures are charged against the next fiscal year appropriation, if available.

3.2. Carryforward

Unexpended appropriations authorized for more than one fiscal year may be carried forward into a subsequent fiscal year until the expiration of the appropriation. Authorization for more than one year may be in the form of express legislative intent enacted in legislation or a legislative action signed by the Governor or the Joint Budget Committee. Common forms of express legislative intent may be included in letternotes and footnotes in the Long Bill, Supplemental Bills, and Long-Bill add-ons.

3.3. Carryforward of Capital Construction - See Fiscal Rule 4-3 (Capital Construction Carryforwards and Reversions)

3.4. Exceptions To Rule

3.4.1. Rollforward - The State Controller may approve the Rollforward of unexpended expiring appropriations based on either of the following:

3.4.2. Extenuating Circumstances - Extenuating circumstances must be beyond the control of the State Agency or Institution of Higher Education and mitigated to the greatest extent possible by advanced planning, documented early ordering, early and frequent order status monitoring, and documented goods or services delivery deadlines communicated to and acknowledged by the contractor.

3.5. The following items do not qualify as extenuating circumstances and this list is not intended to be all inclusive:

3.5.1. Inadequate time to implement a new program before the statutory deadline;

3.5.2. Failure of the selected contractor to perform for any reason other than force majeure;

3.5.3. Shipping delays; or

3.5.4. Customs delays.

Notes

1 CCR 101-1-7-2

41 CR 19, October 10, 2018, effective 11/1/2018 45 CR 11, June 10, 2022, effective 7/1/2022 46 CR 11, June 10, 2023, effective 7/1/2023 47 CR 08, April 25, 2024, effective 7/1/2024