(1) No later than thirty days following the beginning of the fiscal year of the budget adopted pursuant to section 29-1-108, the governing body shall cause a certified copy of such budget, including the budget message, to be filed in the office of the division. The budget of a special district shall include any resolutions adopting the budget, appropriating moneys, and fixing the rate of any mill levy. Copies of the budget of a local government and of ordinances or resolutions authorizing expenditures or the transfer of funds shall be filed with the officer or employee of the local government whose duty it is to disburse moneys or issue orders for the payment of money.
(2) Notwithstanding the provisions of section 29-1-102 (13), budgets shall be filed with the division by home rule cities, cities and counties, and towns and cities operating under a territorial charter for the purpose of information and research.
(3) If the governing body of a local government fails to file a certified copy of the budget with the division as required by this section, the division, after notice to the affected local government, may notify any county treasurer holding moneys of the local government generated pursuant to the taxing authority of such local government and authorize the county treasurer to prohibit release of any such moneys until the local government complies with the provisions of this section.
Source: L. 90: Entire part R&RE, p. 1434, § 1, effective January 1, 1991. L. 2015: (1) amended, (HB 15-1092), ch. 87, p. 250, § 1, effective August 5.
Editor's note: This section is similar to former § 29-1-116 as it existed prior to 1990.
Notes of Decisions
Gude v. City of Lakewood, 636 P.2d 691 (Colo. 1981).
· cites it 8× “The second claim challenges the 1979 authorization for spending $130,000 for a public safety records system and a park patrol as contrary to section 29-1-113, C.R.S. 1973 (1977 Repl.”
Town of Alma v. AZCO Constr., Inc., 985 P.2d 56 (Colo. Ct. App. 1999).
· cites it 8× “Section 29-1-113, C.R.S.1998, requires local governments in Colorado to adopt and file a budget for each fiscal year.”
Groditsky v. Pinckney, 661 P.2d 279 (Colo. 1983).
· cites it 6× “12), 4 provided that upon conviction, the person was to be removed from office. However, the statute applied only to “[a]ny member of the governing body of any county, city, or town or any member, officer, employee, or agent of any department, board, commission, or other…”
Reddick v. Craig, 719 P.2d 340 (Colo. Ct. App. 1985).
· cites it 2× “" Colorado law (CRS 29-1-113) says: "No contract to exceed appropriation.”
F. J. Kent Corp. v. Town of Dillon, 648 P.2d 669 (Colo. Ct. App. 1982).
· cites it 4× “Defendant moved for summary judgment asserting that pursuant to § 29-1-113, C.R.S. 1973 (1981 Cum.Supp.) it was not obligated to pay more than the $150,000 appropriated by it for the contract, and sought reimbursement for the amount paid in excess of the appropriation.”
People v. Losavio, Jr., 606 P.2d 856 (Colo. 1980).
· cites it 3× “The indictment charged that the district attorney had overspent his budget for the years 1974, 1975, and 1976 in violation of section 29-1-113, C.R.S. 1973 (now in 1977 Repl.”
R.L. Atkins, Inc. v. ARIX, 675 P.2d 336 (Colo. Ct. App. 1983).
· cites it 2× “Both parties rely on § 29-1-113, C.R.S. 1973 (1982 Cum.Supp.), which provides in pertinent part as follows: “During the fiscal year, no officer, department, board, commission, or other spending agency shall expend or contract to expend any money, or incur any liability, or enter…”
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