§ 2-4-216 — Limitations on statutory programs

Colorado § 2-4-216

• Jurisdiction: Colorado
• Title 02: Legislative
• Art.: Construction of Statutes

Text

(1) When the general assembly
creates statutory programs which are not required by federal law and which offer
and provide services or assistance or both to persons in this state, the general
assembly gives rise to a reasonable expectation that such services or assistance or
both will be provided by the state in a manner consistent with the statutes which
created the programs. However, the general assembly does not commit itself or the
taxpayers of the state to the provision of a particular level of funding for such
programs and does not create rights in the ultimate recipient to a particular level of
service or assistance or both. The general assembly intends that the level of
funding, and thus the level of service or assistance or both, shall be in the full and
complete discretion of the general assembly, consistent with the statute which
created the program.

(2) In the statutes creating some of these programs, the general assembly
expressly conditions any rights arising under such programs by the use of the
words within available appropriations or subject to available appropriations or
similar words of limitation. The purpose of the use of these words of limitation is to
reaffirm the principles set forth in subsection (1) of this section.

(3) At the time such a program is created, the general assembly appropriates
funds for its implementation, taking into account many factors, including but not
limited to the availability of revenues, the importance of the program, and needs of
recipients when balanced with the needs of recipients under other state programs.
The amount of the initial appropriation indicates a program's priority in relation to
other state programs. The general assembly reasonably expects that the priority of
the program will be subject to annual changes which will be reflected in the
modification of the annual appropriation for the program. If the general assembly
desires a substantive change in the program, or to eliminate the program, that can
be accomplished by amendment of the statutory law which created the program.

(4) It is the purpose of the general assembly, through the enactment of this
section, to clarify that the rights, if any, created through the enactment of statutory
programs are subject to substantial modification through the annual appropriation
process, so long as the modification is consistent with the statute which created
the program.

Legislative History

Source: L. 89: Entire section added, p. 341, � 1, effective March 25.