First Regular Session

Sixty-first General Assembly

LLS NO. R97@0080.01 GWF

STATE OF COLORADO

Education

BY REPRESENTATIVES Anderson, Entz, Tool, and Lamborn;

also SENATORS J. Johnson and B. Alexander.

HOUSE CONCURRENT RESOLUTION 97-1001

SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AN AMENDMENT TO ARTICLES X AND XXVII OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE USE OF LOTTERY REVENUES FOR SCHOOL DISTRICT CAPITAL CONSTRUCTION, AND, IN CONNECTION THEREWITH, PROVIDING FOR A PORTION OF LOTTERY REVENUES TO BE USED TO MATCH SCHOOL DISTRICT FUNDING FOR PUBLIC SCHOOL CONSTRUCTION, RENOVATION, AND CONTROLLED MAINTENANCE AND EXCLUDING FUNDS USED FOR THIS PURPOSE FROM STATE AND LOCAL FISCAL YEAR SPENDING FOR PURPOSES OF THE CONSTITUTIONAL LIMITS ON SPENDING.

Resolution Summary

(Note: This summary applies to this resolution as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

K­12 Capital Construction Interim Committee. Amends article XXVII of the state constitution, which establishes the great outdoors Colorado program, to allocate $8 million dollars of lottery revenues quarterly ($32 million dollars annually) to a school construction and renovation fund. Provides that these lottery revenues are to be used to match school district funds for school construction, renovation, and controlled maintenance, as provided by law. Provides that this allocation will begin with the third quarter of state fiscal year 1998­99, after the cutoff date for lottery revenues to be used to retire outstanding state certificates of participation, and will be approximately the same amount as was allocated from lottery revenues to retire the certificates of participation. Excludes funds used for this purpose from the definition of "fiscal year spending" for purposes of the spending limitations set forth in section 20 of article X of the state constitution.

Be It Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate concurring herein:

SECTION 1.  At the next general election at which such question may be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:

The introductory portion to section 3 (1) (b) of article XXVII of the constitution of the state of Colorado is amended, and the said section 3 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

Section 3.  Moneys allocated to Trust Fund. (1)  Beginning with the proceeds from the fourth quarter of the State's Fiscal Year 1992­1993, all proceeds from all programs, including Lotto and every other state­supervised lottery game operated under the authority of Article XVIII, Section 2 of the Colorado Constitution, whether by the Colorado Lottery Commission or otherwise (such programs defined hereafter in this Article as "Lottery Programs"), net of prizes and expenses of the state lottery division and after a sufficient amount of money has been reserved, as of the end of any fiscal quarter, to ensure the operation of the lottery for the ensuing fiscal quarter (such netted proceeds defined hereafter in this Article as "Net Proceeds") are set aside, allocated, allotted, and continuously appropriated as follows, and the Treasurer shall distribute such proceeds no less frequently than quarterly, as follows:

(b)  For each quarter including and after the first quarter AND SECOND QUARTERS of the State's Fiscal Year 1998­1999:

(b.5)  FOR EACH QUARTER INCLUDING AND AFTER THE THIRD QUARTER OF THE STATE'S FISCAL YEAR 1998­1999:

(I)  EIGHT MILLION DOLLARS OF NET PROCEEDS TO THE SCHOOL CONSTRUCTION AND RENOVATION FUND, WHICH FUND IS HEREBY CREATED IN THE STATE TREASURY, TO BE USED IN MAKING MATCHING GRANTS TO SCHOOL DISTRICTS FOR THE PURPOSES OF CONSTRUCTING NEW PUBLIC SCHOOLS AND PERFORMING RENOVATIONS OF AND CONTROLLED MAINTENANCE AT PUBLIC SCHOOLS, AS PROVIDED BY LAW;

(II)  FORTY PERCENT OF THE REMAINING NET PROCEEDS TO THE CONSERVATION TRUST FUND FOR DISTRIBUTION TO MUNICIPALITIES AND COUNTIES AND OTHER ELIGIBLE ENTITIES FOR PARKS, RECREATION, AND OPEN SPACE PURPOSES;

(III)  TEN PERCENT OF THE REMAINING NET PROCEEDS TO THE DIVISION OF PARKS AND OUTDOOR RECREATION FOR THE ACQUISITION, DEVELOPMENT, AND IMPROVEMENT OF NEW AND EXISTING STATE PARKS, RECREATION AREAS, AND RECREATIONAL TRAILS; AND

(IV)  ALL REMAINING NET PROCEEDS IN TRUST TO THE BOARD OF THE TRUST FUND, PROVIDED, HOWEVER, THAT IN ANY STATE FISCAL YEAR IN WHICH THE PORTION OF THE NET PROCEEDS WHICH WOULD OTHERWISE BE GIVEN IN TRUST TO THE STATE BOARD OF THE TRUST FUND EXCEEDS THE AMOUNT OF THIRTY­FIVE MILLION DOLLARS, TO BE ADJUSTED EACH YEAR FOR CHANGES FROM THE 1992 CONSUMER PRICE INDEX­DENVER, THE NET PROCEEDS IN EXCESS OF SUCH AMOUNT OR ADJUSTED AMOUNT SHALL BE ALLOCATED TO THE GENERAL FUND OF THE STATE OF COLORADO.

Section 20 (2) (e) of article X of the constitution of the state of Colorado is amended to read:

Section 20.  The Taxpayer's Bill of Rights. (2)  Term definitions. Within this section:

(e)  "Fiscal year spending" means all district expenditures and reserve increases except, as to both, those for refunds made in the current or next fiscal year or those from gifts, federal funds, collections for another government, pension contributions by employees and pension fund earnings, reserve transfers or expenditures, damage awards, or property sales, OR DIRECTLY OR INDIRECTLY FROM THE SCHOOL CONSTRUCTION AND RENOVATION FUND CREATED IN SECTION 3 (1) (b.5) (I) OF ARTICLE XXVII OF THIS CONSTITUTION.

SECTION 2.  Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO ARTICLES X AND XXVII OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE USE OF LOTTERY REVENUES FOR SCHOOL DISTRICT CAPITAL CONSTRUCTION, AND, IN CONNECTION THEREWITH, PROVIDING FOR A PORTION OF LOTTERY REVENUES TO BE USED TO MATCH SCHOOL DISTRICT FUNDING FOR PUBLIC SCHOOL CONSTRUCTION, RENOVATION, AND CONTROLLED MAINTENANCE AND EXCLUDING FUNDS USED FOR THIS PURPOSE FROM STATE AND LOCAL FISCAL YEAR SPENDING FOR PURPOSES OF THE CONSTITUTIONAL LIMITS ON SPENDING."

SECTION 3.  The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.