HOUSE BILL 971123
BY REPRESENTATIVES George, K. Alexander, Bacon, G. Berry, Entz, Sullivant, Taylor, and Tucker;
also SENATORS Wattenberg, Bishop, and Chlouber.
CONCERNING THE METHOD OF DISTRIBUTING MINERAL REVENUES
TO LOCAL GOVERNMENTS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3463102
(3) (a), (3) (c), and (5) (a), Colorado Revised
Statutes, 1995 Repl. Vol., are amended to read:
3463102. Creation of mineral
leasing fund distribution advisory committee.
(3) (a) Fifty percent of all moneys described
in paragraph (a) of subsection (1) of this section shall be distributed
ten working days after receipt of the last monthly payment in
each quarter among those respective counties of this state from
which the federal leasing money is derived in proportion to the
amount of said federal leasing money derived from each of the
respective counties for use by said counties for the purposes
described in subsection (1) of this section and for use by municipalities
and school districts within said counties as provided in paragraph
(c) of this subsection (3); except that no distribution under
this paragraph (a) to any single county, including the amounts
distributed under paragraph (c) of this subsection (3) to municipalities
and school districts located therein, shall exceed eight
hundred thousand ONE MILLION TWO
HUNDRED THOUSAND dollars in any calendar year. Unless the balance
paid to the state public school fund pursuant to subparagraph
(I) of paragraph (b) of this subsection (3) exceeds ten
million one hundred thousand dollars
TEN MILLION SEVEN HUNDRED THOUSAND DOLLARS in a calendar year,
distribution above two hundred thousand dollars to any single
county pursuant to this paragraph (a) shall not take effect during
that calendar year.
(c) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH
(II) OF THIS PARAGRAPH (c), in each calendar year, each county
shall notify the state treasurer to have at least twentyfive
percent of the moneys described in paragraph (a) of this subsection
(3) distributed to any school district within the county specified
by the board of county commissioners for use in accordance with
the purposes described in subsection (1) of this section. EXCEPT
AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (c), in each
calendar year, each county shall also notify the state treasurer
to have at least thirtyseven and onehalf percent of
that part of the moneys which are
described in paragraph (a) of this subsection (3) which
THAT exceeds two hundred fifty thousand dollars distributed among
the municipalities within the county according to that
THE percentage which
THAT the population within each municipality bears to the total
population of all municipalities located within the county. The
state treasurer shall not disburse funds to a county under this
subsection (3) until such notification is received. For the purposes
of this paragraph (c), "population" means the most recent
population estimate at the time of the distribution of the mineral
leasing fund as prepared by the demographic section of the division
of local government.
(II) (A) ANY COUNTY MAY ELECT TO
HAVE ITS DISTRIBUTIONS FROM THE MINERAL LEASING FUND MADE PURSUANT
TO THIS SUBPARAGRAPH (II) BY NOTIFYING THE STATE TREASURER, IN
WRITING, OF SUCH ELECTION. ANY ELECTION FOR DISTRIBUTION PURSUANT
TO THIS SUBPARAGRAPH (II) SHALL BE EFFECTIVE UNTIL WITHDRAWN BY
THE COUNTY BUT SHALL BE FOR A MINIMUM OF TWO FULL CALENDAR YEARS
FOLLOWING RECEIPT BY THE STATE TREASURER OF THE NOTICE OF ELECTION
FROM THE COUNTY. AFTER TWO FULL CALENDAR YEARS, A COUNTY MAY WITHDRAW
THE ELECTION FOR DISTRIBUTION PURSUANT TO THIS SUBPARAGRAPH (II)
AND RETURN TO DISTRIBUTION PURSUANT TO SUBPARAGRAPH (I) OF THIS
PARAGRAPH (c) BY GIVING THE STATE TREASURER WRITTEN NOTICE OF
SUCH WITHDRAWAL IN ADDITION TO ANY NOTICE REQUIRED TO BE GIVEN
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH (c). HOWEVER, DURING
THE FIRST CALENDAR YEAR AFTER RECEIVING SUCH NOTICE OF WITHDRAWAL,
THE STATE TREASURER SHALL DISTRIBUTE TWENTYFIVE PERCENT
OF THE MONEYS THE COUNTY WOULD OTHERWISE RECEIVE TO THE CITIES
WITHIN THE COUNTY, TWENTYFIVE PERCENT TO THE SCHOOL DISTRICTS
WITHIN THE COUNTY, AND TRANSFER THE REMAINING FIFTY PERCENT TO
THE LOCAL GOVERNMENT MINERAL IMPACT FUND.
(B) FOR THE FIRST FULL CALENDAR YEAR FOLLOWING
RECEIPT BY THE STATE TREASURER OF NOTIFICATION OF THE COUNTY'S
ELECTION PURSUANT TO SUBSUBPARAGRAPH (A) OF THIS SUBPARAGRAPH
(II), THE STATE TREASURER SHALL TRANSFER THE MONEYS EACH COUNTY
WOULD OTHERWISE RECEIVE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH
(c) TO THE LOCAL GOVERNMENT MINERAL IMPACT FUND CREATED IN SUBSECTION
(5) OF THIS SECTION.
(C) FOR THE SECOND FULL CALENDAR YEAR
FOLLOWING RECEIPT BY THE STATE TREASURER OF NOTIFICATION OF THE
COUNTY'S ELECTION PURSUANT TO SUBSUBPARAGRAPH (A) OF THIS
SUBPARAGRAPH (II) AND FOR EACH CALENDAR YEAR THEREAFTER, UNLESS
A COUNTY HAS WITHDRAWN ITS ELECTION FOR DISTRIBUTION PURSUANT
TO THIS SUBPARAGRAPH (II), THE STATE TREASURER SHALL DISTRIBUTE
TO EACH COUNTY MAKING SUCH ELECTION THE MONEYS ATTRIBUTABLE TO
SUCH COUNTY AS DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (3)
AS FOLLOWS: FIFTY PERCENT TO SCHOOL DISTRICTS WITHIN THE COUNTY
AND FIFTY PERCENT TO MUNICIPALITIES WITHIN THE COUNTY. WHERE MORE
THAN ONE SCHOOL DISTRICT EXISTS WITHIN A COUNTY, THE DISTRIBUTION
TO EACH SCHOOL DISTRICT SHALL BE THE PERCENTAGE THAT THE MOST
RECENT FUNDED PUPIL COUNT, AS DETERMINED PURSUANT TO THE "PUBLIC
SCHOOL FINANCE ACT OF 1994", ARTICLE 54 OF TITLE 22, C.R.S.,
FOR PUPILS ENROLLED IN THE COUNTY ATTRIBUTABLE TO THAT SCHOOL
DISTRICT BEARS TO THE MOST RECENT TOTAL FUNDED PUPIL COUNT FOR
ALL PUPILS ATTRIBUTABLE TO THE COUNTY. WHERE MORE THAN ONE MUNICIPALITY
EXISTS WITHIN A COUNTY, THE DISTRIBUTION TO EACH MUNICIPALITY
SHALL BE BASED ON POPULATION AS SET FORTH IN SUBPARAGRAPH (I)
OF THIS PARAGRAPH (c).
(5) (a) The remaining fifteen percent
of all moneys described in paragraph (a) of subsection (1) of
this section, and
any moneys received pursuant to subparagraph (II) of paragraph
(b) of subsection (3) of this section, AND ANY MONEYS RECEIVED
PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (c) OF SUBSECTION (3)
OF THIS SECTION shall, upon receipt, be paid into the local government
mineral impact fund, which is hereby created. The executive director
of the department of local affairs shall distribute moneys from
such fund pursuant to subsection (3) of this section; except that
the remainder provided for in this paragraph (a) shall be distributed
in accordance with the purposes and priorities described in subsection
(1) of this section. Notwithstanding any other provision of this
paragraph (a) to the contrary, the executive director shall distribute
moneys from such fund to the uranium mill tailings remedial action
program fund in accordance with the provisions of section 3929116
(3), C.R.S.
SECTION 2. 3929110
(1) (a), Colorado Revised Statutes, 1994 Repl. Vol., is amended
to read:
3929110. Local government
severance tax fund creation administration
energy impact assistance advisory committee created.
(1) (a) (I) There is hereby created in the
department of local affairs a local government severance tax fund.
In accordance with section 3929108, portions of the
state severance tax receipts shall be credited to the local government
severance tax fund.
(II) ON OR BEFORE DECEMBER 31 IN THE CALENDAR
YEAR IN WHICH THE STATE TREASURER RECEIVES NOTIFICATION OF THE
ELECTION BY THE COUNTY PURSUANT TO SECTION 3463102
(3) (c) (II) (A), C.R.S., THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
OF LOCAL AFFAIRS SHALL DISTRIBUTE TO EACH COUNTY MAKING SUCH ELECTION
AN AMOUNT EQUAL TO THE AMOUNT ATTRIBUTABLE TO THAT COUNTY THAT
WAS TRANSFERRED TO THE LOCAL GOVERNMENT MINERAL IMPACT FUND PURSUANT
TO SECTION 3463102 (3) (c) (II) (C), C.R.S.
(III) AFTER MAKING ANY DISTRIBUTIONS PURSUANT
TO SUBPARAGRAPH (II) OF THIS PARAGRAPH (a), the executive director
of the department of local affairs shall distribute ANY REMAINING
moneys and make loans from such fund in accordance with the purposes
and priorities provided in paragraph (b) of this subsection (1).
THE EXECUTIVE DIRECTOR SHALL NOT DISTRIBUTE ANY MONEYS OR MAKE
ANY LOANS FROM SUCH FUND UNLESS SUFFICIENT MONEYS REMAIN IN THE
FUND TO BE DISTRIBUTED TO EACH COUNTY PURSUANT TO SUBPARAGRAPH
(II) OF THIS PARAGRAPH (a).
SECTION 3. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO