HOUSE BILL 971342
BY REPRESENTATIVES Grampsas, Anderson, Owen, Romero, Lawrence, Chavez, Salaz, Schwarz, and Sullivant;
also SENATORS Lacy, Blickensderfer, Rizzuto, Bishop,
Chlouber, Hernandez, Johnson, Martinez, Mutzebaugh, Norton, Phillips,
Schroeder, and Thiebaut.
CONCERNING THE STATE FAIR AUTHORITY, AND MAKING APPROPRIATIONS
IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3565401
(1), (2), (3), (4), (5), (6), (7), (8), (9), and (11), Colorado
Revised Statutes, 1995 Repl. Vol., as amended, are amended, and
the said 3565401 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:
3565401. Colorado state
fair authority creation board powers and
duties. (1) (a) There
is hereby created the Colorado state fair authority which shall
be a body corporate and a political subdivision of the state.
The authority shall not be an agency of state government; nor
shall it be subject to administrative direction by any state agency
except as provided in this article, and except for the purposes
of the "Colorado Governmental Immunity Act", article
10 of title 24, C.R.S., and except for inclusion in the risk management
fund and the selfinsured property fund and by the department
of personnel as provided in part 15 of article 30 of title 24,
C.R.S. THE COLORADO STATE FAIR AUTHORITY,
AS IT EXISTED PRIOR TO JUNE 30, 1997, IS ABOLISHED. THERE IS HEREBY
CREATED THE COLORADO STATE FAIR AUTHORITY, WHICH IS CREATED WITHIN
THE DEPARTMENT OF AGRICULTURE AS A DIVISION THEREOF. THE COLORADO
STATE FAIR AUTHORITY SHALL EXERCISE ITS POWERS, DUTIES, AND FUNCTIONS
UNDER THE DEPARTMENT OF AGRICULTURE AS IF IT WERE TRANSFERRED
TO SAID DEPARTMENT BY A TYPE 1 TRANSFER UNDER THE PROVISIONS
OF THE "ADMINISTRATIVE ORGANIZATION ACT OF 1968".
(b) THE FUNCTION OF THE COLORADO STATE
FAIR AUTHORITY IS TO DIRECT AND SUPERVISE THE COLORADO STATE FAIR
AND INDUSTRIAL EXPOSITION CREATED PURSUANT TO SECTION 3565105.
(2) (a) The
powers of the authority shall be vested in the board of commissioners
of the authority ON JUNE 30, 1997,
THE EXISTING BOARD OF COMMISSIONERS OF THE COLORADO STATE FAIR
AUTHORITY IS ABOLISHED, AND THE TERMS OF THE MEMBERS OF THE BOARD
THEN SERVING ARE TERMINATED.
(b) THERE IS HEREBY CREATED THE BOARD
OF COMMISSIONERS OF THE COLORADO STATE FAIR AUTHORITY, which shall
have eleven members, who
TEN OF WHOM shall be appointed by the governor with the consent
of the senate except as provided in
subsection (11) of this section AND
ONE WHO SHALL BE THE COMMISSIONER OF AGRICULTURE OR HIS OR HER
DESIGNEE. AT NO TIME SHALL MORE THAN SIX MEMBERS OF THE BOARD
BE AFFILIATED WITH THE SAME POLITICAL PARTY AS THE GOVERNOR. WITHIN
THIRTY DAYS AFTER JUNE 30, 1997, THE GOVERNOR SHALL APPOINT THE
INITIAL MEMBERS OF THE BOARD. THE GOVERNOR MAY APPOINT, AS A MEMBER
OF THE BOARD, ANY PERSON WHO WAS A MEMBER OF THE BOARD PRIOR TO
ITS TERMINATION.
(3) Of the eleven
TEN APPOINTED members of the board, two shall be residents of
the county in which the COLORADO state fair and industrial exposition
is held and, of the remaining nine
EIGHT members, at least one but not
more than two shall be residents
A RESIDENT of each of the congressional districts of the state
AND AT LEAST TWO SHALL BE RESIDENTS OF THE WESTERN SLOPE OF THE
STATE.
(4) Persons
holding office on June 15, 1987, are subject to the provisions
of section 241137, C.R.S. For appointments made thereafter,
OF THE MEMBERS FIRST APPOINTED TO THE BOARD, TWO MEMBERS REPRESENTING
CONGRESSIONAL DISTRICTS SHALL BE APPOINTED FOR TERMS EXPIRING
NOVEMBER 1, 1998; TWO MEMBERS REPRESENTING CONGRESSIONAL DISTRICTS
SHALL BE APPOINTED FOR TERMS EXPIRING NOVEMBER 1, 1999; ONE MEMBER
REPRESENTING A CONGRESSIONAL DISTRICT, ONE MEMBER REPRESENTING
THE COUNTY IN WHICH THE COLORADO STATE FAIR AND INDUSTRIAL EXPOSITION
IS HELD, AND ONE ATLARGE MEMBER SHALL BE APPOINTED FOR TERMS
EXPIRING NOVEMBER 1, 2000; ONE MEMBER REPRESENTING A CONGRESSIONAL
DISTRICT, ONE ATLARGE MEMBER, AND ONE MEMBER REPRESENTING
THE COUNTY IN WHICH THE COLORADO STATE FAIR AND INDUSTRIAL EXPOSITION
IS HELD SHALL BE APPOINTED FOR TERMS EXPIRING NOVEMBER 1, 2001.
THEREAFTER, members of the board shall be appointed for terms
of four years. APPOINTMENTS MADE TO THE BOARD WHEN THE SENATE
IS NOT IN SESSION SHALL BE TEMPORARY APPOINTMENTS, AND THE APPOINTEES
SHALL SERVE ON A TEMPORARY BASIS UNTIL THE SENATE IS IN SESSION
AND IS ABLE TO CONFIRM SUCH APPOINTMENTS. EACH MEMBER SHALL HOLD
OFFICE UNTIL THE MEMBER'S SUCCESSOR IS APPOINTED AND QUALIFIED.
(5) Members
shall be appointed so as to represent various segments of the
economy of the state, including, but not limited to, light and
heavy manufacturing, mining, science, education, tourism, labor,
recreation, entertainment, and agriculture.
OF THE TEN APPOINTED MEMBERS OF THE BOARD, ONE SHALL BE A CERTIFIED
PUBLIC ACCOUNTANT, ONE SHALL HAVE EXPERTISE IN FINANCE THROUGH
CURRENT MANAGEMENTLEVEL EXPERIENCE IN BANKING, AND ONE SHALL
HAVE SUBSTANTIAL EXPERIENCE IN AGRICULTURE OR IN THE ACTIVITIES
OF 4H CLUBS.
(6) ANY APPOINTED MEMBER MAY BE REMOVED
FOR CAUSE AT ANY TIME DURING THE MEMBER'S TERM BY THE GOVERNOR.
Vacancies on the board shall be filled by appointment by the governor
WITH THE CONSENT OF THE SENATE for the unexpired terms.
(7) Members of the board shall serve without
pay but shall be reimbursed for REASONABLE AND NECESSARY expenses
incurred in the performance of their duties.
(8) In addition
to the eleven appointive members of the board, the commissioner
of agriculture shall serve, ex officio, as a nonvoting member
of the board.
(8.5) ALL ELEVEN MEMBERS OF THE BOARD,
INCLUDING THE COMMISSIONER OF AGRICULTURE OR HIS OR HER DESIGNEE,
SHALL BE VOTING MEMBERS OF THE BOARD. THE MEMBERS OF THE BOARD
SHALL ELECT A CHAIR, A VICECHAIR, AND A SECRETARY FROM AMONG
THE MEMBERSHIP OF THE BOARD. BOARD ACTION SHALL REQUIRE THE AFFIRMATIVE
VOTE OF A MAJORITY OF A QUORUM OF THE BOARD.
(9) The board shall:
(a) Provide for the Colorado state fair
and industrial exposition, subject to available appropriations
by the general assembly;
(b) Enter into any agreements with the
department of agriculture and other
agencies of the state government as may be necessary to provide
for the Colorado state fair and industrial exposition;
(c) Hire and employ such
permanent and temporary staff as may be necessary
THE MANAGER OF THE COLORADO STATE FAIR AUTHORITY IN ACCORDANCE
WITH THE PROVISIONS OF SECTION 3565403;
(d) Meet as often as necessary, but not
less than once a month;
(e) Repealed.
(f) Accept contributions from nonstate
sources for the purpose of financing and supporting the Colorado
state fair and industrial exposition; EXCEPT THAT THE BOARD SHALL
NOT ACCEPT ANY CONTRIBUTIONS THAT WOULD CAUSE THE AUTHORITY TO
EXCEED THE LIMITATIONS PRESCRIBED IN SECTION 3565405
(1);
(g) Repealed.
(h) Establish
such accounts and procedures as necessary to budget, receive and
disburse, and account for all funds received, appropriated, or
generated and all reimbursements or accretions thereto, as invested,
paid, or disbursed in the operation and management necessary to
carry out the purpose of this article;
(i) Provide
for an audit at least annually by or under the direction of the
state auditor, who shall submit a report of the audit to the legislative
audit committee. The expenses of the audit shall be paid by the
authority.
(j) ADOPT RULES IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE 4 OF TITLE 24, C.R.S.;
(k) SUBMIT ANNUAL REPORTS IN ACCORDANCE WITH SECTION 3565406;
(l) PERFORM SUCH OTHER DUTIES AS MAY BE
REQUIRED BY LAW.
(11) Notwithstanding
any other provision of this section to the contrary, the Colorado
state fair and industrial exposition commission members who are
in office on June 2, 1983, shall comprise the board of commissioners.
SECTION 2. Part
4 of article 65 of title 35, Colorado Revised Statutes, 1995 Repl.
Vol., as amended, is amended BY THE ADDITION OF THE FOLLOWING
NEW SECTIONS to read:
3565403. Office of manager
of the Colorado state fair authority creation.
(1) THE OFFICE OF MANAGER OF THE COLORADO STATE FAIR
AUTHORITY IS HEREBY CREATED. THE BOARD SHALL APPOINT A MANAGER
OF THE COLORADO STATE FAIR AUTHORITY WHO SHALL HAVE KNOWLEDGE
OF LIVESTOCK, AGRICULTURE, HORTICULTURE, INDUSTRY, RECREATION,
EDUCATION, AND SCIENTIFIC FACILITIES, PROCESSES, AND PRODUCTS
OF THE STATE OF COLORADO AND WHO SHALL HAVE EXPERIENCE IN FAIR
MANAGEMENT AND PROMOTION. THE MANAGER SHALL SERVE FOR AN INDEFINITE
TERM AND SHALL NOT HOLD ANY OTHER PUBLIC OFFICE BUT SHALL DEVOTE
HIS OR HER ENTIRE TIME TO THE SERVICE OF THE STATE IN THE DISCHARGE
OF HIS OR HER OFFICIAL DUTIES. THE APPOINTMENT OR REMOVAL OF THE
MANAGER SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 13 OF ARTICLE
XII OF THE STATE CONSTITUTION AND THE STATUTES ENACTED PURSUANT
THERETO. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE OFFICE OF
MANAGER OF THE COLORADO STATE FAIR AUTHORITY SHALL BE A POSITION
IN THE SENIOR EXECUTIVE SERVICE FOR PURPOSES OF SECTION 2450104
(6) (e), C.R.S.
(2) THE MANAGER SHALL BE THE CHIEF ADMINISTRATIVE
HEAD OF THE COLORADO STATE FAIR AUTHORITY UNDER THE DIRECTION
AND SUPERVISION OF THE BOARD AND SHALL HAVE GENERAL SUPERVISION
AND CONTROL OF ALL ACTIVITIES, FUNCTIONS, AND EMPLOYEES OF THE
COLORADO STATE FAIR AUTHORITY AND SHALL EXERCISE ALL NECESSARY
POWERS INCIDENT THERETO. THE MANAGER SHALL EXERCISE ALL THE POWERS
AND FUNCTIONS OF THE BOARD IN THE INTERIM OF ITS MEETINGS AND
SHALL PERFORM SUCH OTHER DUTIES AS MAY BE PRESCRIBED BY THE BOARD
OR BY LAW.
(3) ANY CURRENT STATE FAIR AUTHORITY EMPLOYEE
WHO WAS PREVIOUSLY CERTIFIED UNDER THE STATE PERSONNEL SYSTEM
AND WHO IS RETURNING TO THE STATE PERSONNEL SYSTEM PURSUANT TO
THIS PART 4, AS AMENDED BY HOUSE BILL 971342, ENACTED AT
THE FIRST REGULAR SESSION OF THE SIXTYFIRST GENERAL ASSEMBLY,
SHALL BE ELIGIBLE FOR REINSTATEMENT.
3565404. Transfer of property.
(1) ON JUNE 30, 1997, ALL ITEMS OF PROPERTY, REAL AND
PERSONAL, INCLUDING OFFICE FURNITURE AND FIXTURES, BOOKS, DOCUMENTS,
AND RECORDS OF THE COLORADO STATE FAIR AUTHORITY, AS IT EXISTED
PRIOR TO SAID DATE, ARE TRANSFERRED TO THE COLORADO STATE FAIR
AUTHORITY, CREATED IN THE DEPARTMENT OF AGRICULTURE, AND SHALL
BECOME THE PROPERTY THEREOF.
(2) ON AND AFTER JUNE 30, 1997, WHENEVER
THE COLORADO STATE FAIR AUTHORITY OR THE BOARD OF COMMISSIONERS
OF THE COLORADO STATE FAIR AUTHORITY, AS THEY EXISTED PRIOR TO
JUNE 30, 1997, IS REFERRED TO OR DESIGNATED BY ANY CONTRACT OR
OTHER DOCUMENT IN CONNECTION WITH THE COLORADO STATE FAIR AND
INDUSTRIAL EXPOSITION, SUCH REFERENCE OR DESIGNATION SHALL BE
DEEMED TO APPLY TO THE COLORADO STATE FAIR AUTHORITY AND THE BOARD
OF COMMISSIONERS OF THE COLORADO STATE FAIR AUTHORITY, CREATED
PURSUANT TO SECTION 3565401. ALL CONTRACTS ENTERED
INTO BY THE AUTHORITY OR ITS BOARD PRIOR TO JUNE 30, 1997, IN
CONNECTION WITH THE COLORADO STATE FAIR AND INDUSTRIAL EXPOSITION,
ARE HEREBY VALIDATED, WITH THE COLORADO STATE FAIR AUTHORITY,
CREATED IN THE DEPARTMENT OF AGRICULTURE, SUCCEEDING TO ALL RIGHTS
AND OBLIGATIONS UNDER SUCH CONTRACTS.
(3) NO SUIT, ACTION, OR OTHER JUDICIAL
OR ADMINISTRATIVE PROCEEDING LAWFULLY COMMENCED PRIOR TO JUNE
30, 1997, OR WHICH COULD HAVE BEEN COMMENCED PRIOR TO SAID DATE,
BY OR AGAINST THE COLORADO STATE FAIR AUTHORITY, ITS BOARD OF
COMMISSIONERS, OR ANY OFFICER THEREOF IN SUCH OFFICER'S OFFICIAL
CAPACITY OR IN RELATION TO THE DISCHARGE OF THE OFFICIAL'S DUTIES
SHALL ABATE BY REASON OF THE ABOLISHMENT OF THE COLORADO STATE
FAIR AUTHORITY AND ITS BOARD, AS THEY EXISTED PRIOR TO SAID DATE,
AND THE CREATION, IN THE DEPARTMENT OF AGRICULTURE, OF THE COLORADO
STATE FAIR AUTHORITY AND THE BOARD OF COMMISSIONERS OF THE COLORADO
STATE FAIR AUTHORITY.
3565405. Colorado state
fair authority board of commissioners enterprise
status. (1) THE COLORADO STATE
FAIR AUTHORITY AND THE BOARD OF COMMISSIONERS OF THE COLORADO
STATE FAIR AUTHORITY, CREATED PURSUANT TO SECTION 3565401,
SHALL CONSTITUTE AN ENTERPRISE FOR THE PURPOSES OF SECTION 20
OF ARTICLE X OF THE STATE CONSTITUTION, SO LONG AS THE BOARD RETAINS
THE AUTHORITY TO ISSUE REVENUE BONDS AND THE COLORADO STATE FAIR
AUTHORITY RECEIVES LESS THAN TEN PERCENT OF ITS TOTAL ANNUAL REVENUES
IN GRANTS, AS DEFINED IN SECTION 2477102 (7), FROM
ALL COLORADO STATE AND LOCAL GOVERNMENTS COMBINED. SO LONG AS
IT CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (1),
THE AUTHORITY AND THE BOARD SHALL NOT BE SUBJECT TO ANY PROVISIONS
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION.
(2) FOR PURPOSES OF PART 2 OF ARTICLE
72 OF TITLE 24, C.R.S., THE RECORDS OF THE COLORADO STATE FAIR
AUTHORITY AND THE BOARD OF COMMISSIONERS OF THE COLORADO STATE
FAIR AUTHORITY SHALL BE PUBLIC RECORDS, AS DEFINED IN SECTION
2472202 (6), C.R.S., REGARDLESS OF WHETHER THE AUTHORITY
AND THE BOARD CONSTITUTE AN ENTERPRISE PURSUANT TO SUBSECTION
(1) OF THIS SECTION.
3565406. Annual reports.
THE COLORADO STATE FAIR AUTHORITY AND ITS BOARD OF COMMISSIONERS
SHALL MAKE AN ANNUAL REPORT BY JANUARY 1 OF EACH YEAR TO THE GOVERNOR,
THE GENERAL ASSEMBLY, THE JOINT BUDGET COMMITTEE, AND THE LEGISLATIVE
AUDIT COMMITTEE, WHICH SHALL INCLUDE A SUMMARY OF THE AUTHORITY'S
ACTIVITIES FOR THE PREVIOUS YEAR, A STATEMENT OF REVENUES RESULTING
FROM OPERATION OF THE COLORADO STATE FAIR AND INDUSTRIAL EXPOSITION,
A STATEMENT OF THE CURRENT BALANCE OF THE COLORADO STATE FAIR
AUTHORITY CASH FUND, EXPENSES OF THE AUTHORITY, A STATEMENT OF
OUTSTANDING REVENUE BONDS ISSUED BY THE BOARD, AND ANY RECOMMENDATIONS
FOR CHANGE IN THE STATUTES THAT THE BOARD OR MANAGER DEEMS NECESSARY
OR DESIRABLE, INCLUDING BUT NOT LIMITED TO ANY CHANGE TO PART
14 OF ARTICLE 30 OF TITLE 24, C.R.S., AND THE "PROCUREMENT
CODE", ARTICLES 101 TO 112 OF TITLE 24, C.R.S., NECESSARY
OR DESIRABLE DUE TO THE UNIQUE NATURE OF THE COLORADO STATE FAIR
AND INDUSTRIAL EXPOSITION. THE REPORT SHALL BE PUBLIC.
3565407. Warrants.
THE CONTROLLER IS AUTHORIZED TO DRAW AND THE STATE TREASURER TO
PAY WARRANTS UPON ALL THE FUNDS APPROPRIATED FROM THE COLORADO
STATE FAIR AUTHORITY CASH FUND, CREATED PURSUANT TO SECTION 3565107
(1), ON THE ORDER OF THE BOARD, SIGNED BY ITS CHAIR AND COUNTERSIGNED
BY ITS SECRETARY.
3565408. Applicability
of other laws. NOTWITHSTANDING ANY LAW
TO THE CONTRARY, UNTIL MARCH 1, 1998, THE COLORADO STATE FAIR
AUTHORITY SHALL NOT BE SUBJECT TO THE PROVISIONS OF PART 14 OF
ARTICLE 30 OF TITLE 24, C.R.S., AND THE "PROCUREMENT CODE",
ARTICLES 101 TO 112 OF TITLE 24, C.R.S. ON AND AFTER MARCH 1,
1998, THE COLORADO STATE FAIR AUTHORITY SHALL BE SUBJECT TO THE
PROVISIONS OF PART 14 OF ARTICLE 30 OF TITLE 24, C.R.S., AND THE
"PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24,
C.R.S.
SECTION 3. 3565401
(9.5), Colorado Revised Statutes, 1995 Repl. Vol., as amended
by Senate Bill 97225, enacted at the First Regular Session
of the Sixtyfirst General Assembly, is amended to read:
3565401. Colorado state
fair authority creation powers and duties
repeal. (9.5) (a) In
order to finance working capital and other cash flow needs of
the authority, the board may negotiate or contract with any person,
corporation, association, or company or the state of Colorado
through the state treasurer for a loan not to exceed the difference
between the anticipated revenues for the current fiscal year for
the Colorado state fair fund and the amount credited to date to
said state fair fund. In addition, the board may pledge such revenues
to retirement of a loan obtained pursuant to this subsection (9.5).
ON JUNE 30, 1997, ANY LOANS ENTERED INTO PURSUANT TO THIS PARAGRAPH
(a) SHALL BECOME AN OBLIGATION OF THE BOARD TO THE SAME EXTENT
AS THEY WERE AN OBLIGATION OF THE BOARD BEFORE SAID DATE. Such
ANY loan ENTERED INTO PURSUANT TO THIS PARAGRAPH (a) BEFORE SAID
DATE shall be liquidated no later than June
30 JULY 15, 1997, from moneys subsequently
credited to the Colorado state fair AUTHORITY CASH fund.
(b) THIS SUBSECTION (9.5) IS REPEALED,
EFFECTIVE JULY 31, 1997.
SECTION 4. 3565105
(3), Colorado Revised Statutes, 1995 Repl. Vol., is amended to
read:
3565105. State fair and
industrial exposition. (3) The
Colorado state fair and industrial exposition shall be under the
care,
direction and supervision of the board
AUTHORITY.
SECTION 5. 3565107,
Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
3565107. State fair fund
lease and use of facilities. (1) The
board is hereby authorized to lease from the state the grounds
and premises known as the state fair grounds for a sum not to
exceed ten dollars per year so long as the state fair is held
thereon. The board is further
authorized to enter into agreements to lease any of the facilities
at the Colorado state fair and industrial exposition at Pueblo,
Colorado, from any public or private
entity and to sublease any of these facilities to any other public
or private entity, upon such terms
and conditions as shall be approved by the board. The board is
further authorized to sponsor any offseason event which
it may approve. All moneys received by the board under this section
and through any other authorized activities shall be retained
by the board TRANSMITTED TO THE STATE
TREASURER and placed in the Colorado state fair AUTHORITY CASH
fund, which fund is hereby created IN THE STATE TREASURY. MONEYS
IN SAID FUND SHALL BE for the use, operation, maintenance, and
support of the Colorado state fair and industrial exposition,
which use shall include without limitation,
the payment of bond obligations IN ACCORDANCE WITH THE PROVISIONS
OF PART 3 OF THIS ARTICLE and, WITHOUT LIMITATION, other obligations
of the board.
(2) The board
is authorized to administer the Colorado state fair fund and use
such moneys for the purposes of this article.
Custody of all moneys in the COLORADO STATE FAIR fund as of July
1, 1989, JUNE 30, 1997, shall be
transferred to the board
COLORADO STATE FAIR AUTHORITY CASH FUND.
(3) (a) The Colorado state fair AUTHORITY
CASH fund shall consist of:
(I) All moneys which
THAT may be appropriated thereto by the general assembly; and
(II) All other moneys which
THAT may be available to it, including the moneys received under
subsection (1) of this section.
(b) The moneys in the COLORADO STATE FAIR
AUTHORITY CASH fund shall be continuously
available for the purposes of this article
SUBJECT TO ANNUAL APPROPRIATION and shall not be transferred to
or revert to the general fund of the state at the end of any fiscal
year. ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF
MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND.
SECTION 6. 3565107.5,
Colorado Revised Statutes, 1995 Repl. Vol., is repealed as follows:
3565107.5. Capital construction
and controlled maintenance. (1) Beginning
July 1, 1992, the authority shall pay for controlled maintenance
projects out of any revenues in the state fair fund.
(2) The board may request the
general assembly to make appropriations to the authority for capital
construction projects so long as the board agrees to fund a portion
of the proposed capital construction projects out of the operating
revenues of the authority, any proceeds derived from the issuance
of any bonds, notes, or other obligations of the authority, or
any donated or matching moneys contributed to the authority from
other governmental or private entities, or from any combination
of such sources; except that the provisions of this subsection
(2) shall not apply to any capital construction project involving
the construction of a new indoor arena at the state fair grounds.
All capital improvements made in accordance with this subsection
(2) shall remain the property of the state and shall be leased
to the authority as provided in section 3565107.
(3) Notwithstanding the provisions
of subsection (2) of this section, in lieu of funding controlled
maintenance projects for the authority, it is the intent of the
general assembly to fund the state's share of matching funds for
the publicprivate construction of a new indoor arena at
the state fair grounds. Any such funding shall be subject to legislative
appropriation and shall not exceed one million four hundred eightyfive
thousand five hundred dollars.
SECTION 7. 3565301
(2) and (3) (b), Colorado Revised Statutes, 1995 Repl. Vol., are
amended to read:
3565301. Board may issue
revenue bonds. (2) Such revenue
bonds shall be authorized and issued only by resolution of the
board, which resolution shall conform to the requirements of section
3565302. SUCH BONDS MAY BE ISSUED ONLY AFTER APPROVAL
BY BOTH HOUSES OF THE GENERAL ASSEMBLY EITHER ACTING BY BILL OR
JOINT RESOLUTION AND AFTER APPROVAL BY THE GOVERNOR IN ACCORDANCE
WITH SECTION 39 OF ARTICLE V OF THE STATE CONSTITUTION.
(3) All bonds issued pursuant to the terms
of this part 3 shall provide that:
(b) The bond does not constitute a debt
of the state and is payable from the net revenues of
the authority as designated in such bond
FROM THE OPERATION OF THE ADDITIONAL FACILITIES ACQUIRED OR PROVIDED
PURSUANT TO THIS PART 3 AND FROM CONTRIBUTIONS BY NONSTATE SOURCES
FOR SUCH ADDITIONAL FACILITIES.
SECTION 8. 3565305
(1), Colorado Revised Statutes, 1995 Repl. Vol., is amended to
read:
3565305. Power to secure
bonds. (1) The board, in connection
with the issuance of bonds and in order to secure the payment
of the bonds and the interest thereon, has the power, by resolution:
(a) To provide that the bonds issued under
this part 3 shall be payable from and may be secured by a pledge
of and lien on any or all net revenues of
the authority derived from, and shall
be payable from:
(I) FEES, RENTALS, AND OTHER CHARGES FOR
THE USE OF THE ADDITIONAL FACILITIES ACQUIRED OR PROVIDED WITH
THE PROCEEDS OF SAID BONDS OR ANY ONE OR MORE ADDITIONAL FACILITIES
ACQUIRED OR PROVIDED WITH PROCEEDS OF BONDS ISSUED PURSUANT TO
THIS PART 3; AND
(II) CONTRIBUTIONS FROM NONSTATE SOURCES
FOR SUCH FACILITY OR FACILITIES;
(b) To covenant with or for the benefit
of the holders of bonds issued under this part 3 that, so long
as any of the bonds remain outstanding and unpaid, the board shall
prescribe service charges, fees, and rentals and shall revise
the same when necessary so that the ADDITIONAL FACILITY OR FACILITIES
FOR WHICH THE BONDS ARE ISSUED SHALL ALWAYS REMAIN SELFSUPPORTING,
WITH revenues, of the authority shall
always be INCLUDING DONATIONS FROM
NONSTATE SOURCES FOR SUCH ADDITIONAL FACILITY OR FACILITIES, sufficient:
(I) To provide for all expenses of operation,
maintenance, expansion, and replacement of any facilities from
which such revenues are derived;
(II) To pay, when due, all bonds and interest
thereon; and
(III) To provide reasonable reserves for
such purposes.
SECTION 9. 3565306
(1) (c), Colorado Revised Statutes, 1995 Repl. Vol., is amended
to read:
3565306. Provision of bond
resolution covenants. (1) A
resolution pertaining to issuance of bonds under this part 3 may
contain covenants as to:
(c) Such matters as are customary in the
issuance of revenue bonds including without limitation the issuance
and lien position of other or additional bonds, PAYABLE FROM THE
NET REVENUE RECEIVED FOR THE OPERATION OF THE ADDITIONAL FACILITIES
ACQUIRED OR PROVIDED PURSUANT TO THIS PART 3 AND CONTRIBUTIONS
FROM NONSTATE SOURCES FOR SUCH FACILITIES;
SECTION 10. 3565307
(2), Colorado Revised Statutes, 1995 Repl. Vol., is amended to
read:
3565307. Validity of bonds.
(2) The validity of the bonds shall not be dependent
on or affected by the validity or regularity of any proceedings
relating to the construction, acquisition, improvement, reconstruction,
or extension of the facilities of the COLORADO state fair and
industrial exposition financed by the bonds or done in connection
therewith.
SECTION 11. 3565308
(1), Colorado Revised Statutes, 1995 Repl. Vol., is amended to
read:
3565308. Prior lien of
bonds. (1) Except as otherwise
provided in the resolution authorizing the bonds, all bonds of
the same issue under this part 3 shall have a prior and paramount
lien on the net revenues pledged therefor
OF THE ADDITIONAL FACILITIES ACQUIRED OR PROVIDED PURSUANT TO
THIS PART 3 FOR WHICH THE BONDS HAVE BEEN ISSUED AND CONTRIBUTIONS
FROM NONSTATE SOURCES FOR SUCH FACILITIES. The board may provide
for preferential security for any bonds, both principal and interest,
to be issued under this part 3 to the extent deemed feasible and
desirable by such board over any bonds that may be issued thereafter.
SECTION 12. 3565309,
Colorado Revised Statutes, 1995 Repl. Vol., is repealed as follows:
3565309. Board of commissioners
of the Colorado state fair authority bonds.
On June 2, 1983, any bonds issued
pursuant to this part 3 shall become an obligation of the board
to the same extent that they were an obligation of the Colorado
state fair and industrial exposition commission before said date.
On or after said date, the board may issue bonds with the same
authority and subject to the same restrictions as the Colorado
state fair and industrial exposition commission.
SECTION 13. Part
3 of article 65 of title 35, Colorado Revised Statutes, 1995 Repl.
Vol., is amended BY THE ADDITION OF A NEW SECTION to read:
3565310. Colorado state
fair authority board bonds. ON
JUNE 30, 1997, ANY BONDS ISSUED PURSUANT TO THIS PART 3 SHALL
BECOME AN OBLIGATION OF THE COLORADO STATE FAIR AUTHORITY TO THE
SAME EXTENT THAT THEY WERE AN OBLIGATION OF THE BOARD OF COMMISSIONERS
OF THE COLORADO STATE FAIR AUTHORITY BEFORE SAID DATE.
SECTION 14. 241123
(4), Colorado Revised Statutes, 1995 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
241123. Department of agriculture
creation. (4) The department
of agriculture shall consist of the following divisions:
(h) (I) THE COLORADO STATE FAIR AUTHORITY,
THE HEAD OF WHICH SHALL BE THE MANAGER OF THE COLORADO STATE FAIR
AND INDUSTRIAL EXPOSITION. THE COLORADO STATE FAIR AUTHORITY AND
THE OFFICE OF MANAGER OF THE COLORADO STATE FAIR AND INDUSTRIAL
EXPOSITION, CREATED BY PART 4 OF ARTICLE 65 OF TITLE 35, C.R.S.,
SHALL EXERCISE THEIR POWERS, DUTIES, AND FUNCTIONS AS A DIVISION
OF THE DEPARTMENT OF AGRICULTURE AS IF THE SAME WERE TRANSFERRED
BY A TYPE 1 TRANSFER TO THE DEPARTMENT OF AGRICULTURE.
(II) THE COLORADO STATE FAIR AUTHORITY
SHALL INCLUDE THE BOARD OF COMMISSIONERS OF THE COLORADO STATE
FAIR AUTHORITY, CREATED BY PART 4 OF ARTICLE 65 OF TITLE 35, C.R.S.,
WHICH SHALL EXERCISE ITS POWERS AND PERFORM ITS DUTIES AND FUNCTIONS
AS SPECIFIED BY LAW UNDER THE DEPARTMENT OF AGRICULTURE AS A PART
OF THE COLORADO STATE FAIR AUTHORITY AS IF THE SAME WERE TRANSFERRED
BY A TYPE 1 TRANSFER.
SECTION 15. 2451310 (1) (l),
Colorado Revised Statutes, 1988 Repl. Vol., as amended, is repealed
as follows:
2451310. Persons not eligible
for membership. (1) Persons
not eligible for membership in the association include:
(l) Temporary
employees of the Colorado state fair authority whose employment
by the authority does not exceed thirty days within the calendar
year and who are covered by the retirement plan organized pursuant
to the provisions of section 3565402, C.R.S.
SECTION 16. Repeal. 3565402,
Colorado Revised Statutes, 1995 Repl. Vol., as amended, is repealed.
SECTION 17. Appropriation. (1) In
addition to any other appropriation for the fiscal year beginning
July 1, 1996, there is hereby appropriated, out of any moneys
in the general fund not otherwise appropriated, to the Colorado
state fair authority cash fund created by section 3565107
(1), Colorado Revised Statutes, the sum of four million dollars
($4,000,000).
(2) In addition to any other appropriation
for the fiscal year beginning July 1, 1997, there is hereby appropriated,
out of any moneys in the Colorado state fair authority cash fund
not otherwise appropriated, to the department of agriculture,
for allocation to the Colorado state fair authority, the sum of
four million dollars ($4,000,000), or so much thereof as may be
necessary, to be allocated as follows:
(a) One million seven hundred nineteen
thousand nine hundred nine dollars ($1,719,909) for repayment
of the Colorado national bank loan;
(b) One million twentyeight thousand
two hundred seventy dollars ($1,028,270) for repayment of the
loan made by the state treasurer pursuant to section 3565401
(9.5), Colorado Revised Statutes.
(c) Two hundred thirtyfour thousand
seven hundred twentyeight dollars ($234,728) for accounts
payable;
(d) One hundred fortytwo thousand
two dollars ($142,002) for the portion of outstanding longterm
debt currently due;
(e) Eight hundred seventyseven thousand
ninetyone dollars ($877,091) for working capital needs.
(3) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the Colorado
state fair authority cash fund not otherwise appropriated, to
the department of agriculture, for the fiscal year beginning July
1, 1997, the sum of ten million nine hundred fiftytwo thousand
twelve dollars ($10,952,012), and 28.0 FTE, or so much thereof
as may be necessary, for the implementation of this act.
(4) In addition to any other appropriation, there is hereby appropriated, to the department of law, for the fiscal year beginning July 1, 1997, the sum of fiftyone thousand two hundred fortysix dollars ($51,246), and 0.7 FTE, or so much thereof as may be necessary, for the provisions of legal services to the department of agriculture for the purposes of this act. Such sum shall be from cash funds received out of the appropriations made in subsection (3) of this section.
SECTION 18. Effective date. This
act shall take effect June 30, 1997.
SECTION 19. 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