Section 29-1-108 - Adoption of budget - appropriations - failure to adopt - repeal(1) The governing body of the local government shall hold a hearing to consider the adoption of the proposed budget, at which time objections of the electors of the local government shall be considered. The governing body shall revise, alter, increase, or decrease the items as it deems necessary in view of the needs of the various spending agencies and the anticipated revenue of the local government. Adoption of the proposed budget shall be effective only upon an affirmative vote of a majority of the members of the governing body.(2) Before the mill levy is certified pursuant to section 39-1-111 or 39-5-128, C.R.S., the governing body shall enact an ordinance or resolution adopting the budget and making appropriations for the budget year. The amounts appropriated shall not exceed the expenditures specified in the budget. Appropriations shall be made by fund or by spending agencies within a fund, as determined by the governing body. Changes to the adopted budget or appropriation shall be made in accordance with the provisions of section 29-1-109.(3) If the governing body fails to adopt a budget before certification of the mill levy as provided for in subsection (2) of this section, then ninety percent of the amounts appropriated in the current fiscal year for operation and maintenance expenses shall be deemed reappropriated for the purposes specified in such last appropriation ordinance or resolution.(4)(a) If the appropriations for the budget year have not been made by December 31 of the current fiscal year, then ninety percent of the amount appropriated in the current fiscal year for operation and maintenance expenses shall be deemed reappropriated for the budget year.(b)(I) Appropriations for the 2024 budget year, if such appropriations are impacted due to changes to the assessed valuation of property within the local government's boundaries made pursuant to Senate Bill 23B-001, enacted in 2023, and Senate Bill 22-238, enacted in 2022, may be made notwithstanding subsection (4)(a) of this section and do not constitute a change to the local government's adopted budget requiring compliance with section 29-1-109.(II) This subsection (4)(b) is repealed, effective July 1, 2025.(5) Notwithstanding any other provision of law, the adoption of the budget, the appropriation of funds, and the certification of the mill levy shall be effective upon adoption.(6) All unexpended appropriations, or unencumbered appropriations if the encumbrance basis of budgetary accounting is adopted, expire at the end of the fiscal year.Amended by 2023EX1 Ch. 1,§ 6, eff. 11/20/2023.Amended by 2023EX1 Ch. 1,§ 4, eff. 11/20/2023.L. 90: Entire part R&RE, p. 1432, § 1, effective 1/1/1991.(1) This section is similar to former §§ 29-1-110 and 29-1-111 as they existed prior to 1990.
(2) Subsection (4.5)(b) provided for the repeal of subsection (4.5), effective July 1, 2024. (See L. 2023, 1st Ex, Sess., p. 9.)