First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0090.01 Jason Gelender x4330 SENATE BILL 15-081 SENATE SPONSORSHIP Crowder, HOUSE SPONSORSHIP (None), Senate Committees House Committees Finance A BILL FOR AN ACT Concerning the use of net lottery proceeds for recreational bicycle trails. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill expresses the intent of the general assembly that the division of parks and wildlife (division) and local governments spend some of the net lottery proceeds that they receive to construct and expand recreational bicycle trails along state highways, county roads, and municipal streets and clarifies that the following classes of constitutionally allocated net lottery proceeds are eligible for expenditure for that purpose: The 40% of net lottery proceeds that are allocated to the conservation trust fund for distribution to municipalities, counties, and other eligible parties for parks, recreation, and open space purposes; The portion of the 40% of net lottery proceeds that is allocated to the great outdoors Colorado trust fund and further suballocated to the division for investments in the outdoor recreation resources of Colorado; and The 10% of net lottery proceeds that are allocated to the division for the acquisition, development, and improvement of new and existing state parks, recreation areas, and recreational trails. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 33-60-104.3 as follows: 33-60-104.3. Use of net lottery proceeds for bicycle trails along roadways - definition - legislative declaration. (1) The general assembly hereby finds and declares that: (a) Many Coloradans enjoy bicycling as a recreational activity, that bicyclists use bicycle trails along and on existing roadways for recreational purposes and to access additional recreational opportunities, and that substantial portions of net lottery proceeds are constitutionally dedicated for outdoor recreational purposes and may be expended to construct and expand recreational bicycle trails along and on existing roadways; and (b) It is the intent of the general assembly to clarify which allocations of net lottery proceeds may be expended to construct and expand recreational bicycle trails and to encourage both the division and local governments to spend a portion of the net lottery proceeds they receive to construct and expand such trails. (2) As used in this section, "recreational bicycle trail" means a road, street, path, or trail that is specifically designated for bicycle travel and is located along or on a state highway, county road, or city street. The term includes: (a) A shared use path that is physically separated from motorized vehicle traffic and available for use by nonmotorized users other than bicyclists; and (b) A bicycle lane that is part of a roadway that is open to motor vehicle travel but is designated by striping, signing, and pavement markings for the preferential or exclusive use of bicyclists. (3) Net lottery proceeds from the following allocations of net lottery proceeds may be expended to construct and expand recreational bicycle trails: (a) Net lottery proceeds allocated to the conservation trust fund for distribution to municipalities, counties, and other eligible entities for parks, recreation, and open space purposes as specified in section 33-60-104 (1) (a); (b) Net lottery proceeds allocated to the division as specified in section 33-60-104 (1) (b); and (c) The portion of net lottery proceeds allocated in trust to the trust fund board, as specified in section 33-60-104 (1) (c), that is suballocated for investments in the outdoor recreation resources of Colorado as specified in section 5 (1) (a) (II) of article XXVII of the state constitution. SECTION 2. In Colorado Revised Statutes, 24-35-210, amend (4.1) (c) as follows: 24-35-210. Lottery fund. (4.1) (c) The lottery money available for appropriation to the division of parks and wildlife pursuant to paragraph (b) of this subsection (4.1) shall be appropriated and expended for the acquisition and development of new state parks, new state recreation areas, or new recreational trails, for the expansion of existing state parks, state recreation areas, or recreational trails, or for capital improvements of both new and existing state parks, state recreation areas, or recreational trails. Except as provided in section 33-60-105, C.R.S., in addition to appropriation for the division's capital construction budget, said lottery money may be appropriated for the division's operating budget for expenditures attributable to the maintenance and operation of state parks, state recreation areas, or recreational trails, or any portions thereof, that have been acquired or developed with lottery money. For purposes of this paragraph (c), "recreational trails" includes, but is not limited to, recreational bicycle trails, as defined in section 33-60-104.3 (2), C.R.S. SECTION 3. In Colorado Revised Statutes, 29-21-101, amend (4) as follows: 29-21-101. Conservation trust funds - definitions. (4) All moneys received from the state by each eligible entity pursuant to this section shall be deposited in its conservation trust fund and shall be expended only for the acquisition, development, and maintenance of new conservation sites or for capital improvements or maintenance for recreational purposes on any public site. For purposes of this subsection (4), the construction or expansion of a recreational bicycle trail, as defined in section 33-60-104.3 (2), C.R.S., is a capital improvement for a recreational purpose. An eligible entity shall not deposit any other moneys in its conservation trust fund. All interest earned on the investment of moneys in a local conservation trust fund shall be credited to the fund and shall be expended only for purposes authorized by this article. SECTION 4. Effective date. This act takes effect July 1, 2015. SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.