SENATE BILL 97027
BY SENATORS Tebedo and Chlouber;
also REPRESENTATIVES Schwarz, Miller, Anderson, and
Sullivant.
CONCERNING DISTRIBUTION OF A PORTION OF THE STATE
SHARE OF GAMING REVENUES TO A LOCAL GOVERNMENT LIMITED GAMING
IMPACT FUND FOR MITIGATION OF THE IMPACTS OF LIMITED GAMING ON
DESIGNATED LOCAL GOVERNMENTAL ENTITIES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article 47.1 of title 12, Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART to read:
PART 16
LOCAL GOVERNMENT LIMITED GAMING IMPACT FUND
1247.11601. Local government
limited gaming impact fund. (1) (a) THERE
IS HEREBY CREATED IN THE OFFICE OF THE STATE TREASURER THE LOCAL
GOVERNMENT LIMITED GAMING IMPACT FUND, REFERRED TO IN THIS PART
16 AS THE "FUND", FOR THE PURPOSE OF PROVIDING FINANCIAL
ASSISTANCE TO DESIGNATED LOCAL GOVERNMENTS FOR DOCUMENTED GAMING
IMPACTS. FOR THE PURPOSES OF THIS PART 16, "DOCUMENTED GAMING
IMPACTS" MEANS THE DOCUMENTED EXPENSES, COSTS, AND OTHER
IMPACTS INCURRED DIRECTLY AS A RESULT OF LIMITED GAMING PERMITTED
IN THE COUNTIES OF GILPIN AND TELLER AND ON INDIAN LANDS.
(b) FOLLOWING THE FINAL DISTRIBUTION OF
MONEYS FROM THE CONTIGUOUS COUNTY LIMITED GAMING IMPACT FUND MADE
PURSUANT TO SECTION 1247.11401, BUT IN NO EVENT LATER
THAN JUNE 30, 1998, ANY UNENCUMBERED MONEYS REMAINING IN THE CONTIGUOUS
COUNTY LIMITED GAMING IMPACT FUND SHALL BE TRANSFERRED TO THE
FUND CREATED BY PARAGRAPH (a) OF THIS SUBSECTION (1).
(c) FOLLOWING THE FINAL DISTRIBUTION OF
MONEYS FROM THE MUNICIPAL GAMING IMPACT FUND MADE PURSUANT TO
SECTION 1247.11501, BUT IN NO EVENT LATER THAN AUGUST
31, 2002, ANY MONEYS REMAINING IN THE MUNICIPAL GAMING IMPACT
FUND SHALL BE TRANSFERRED TO THE FUND CREATED BY PARAGRAPH (a)
OF THIS SUBSECTION (1).
(2) OUT OF THE FIFTY PERCENT SHARE TO
BE TRANSFERRED TO THE GENERAL FUND PURSUANT TO SECTION 9 (5) (b)
(II) OF ARTICLE XVIII OF THE STATE CONSTITUTION, A PERCENTAGE
THEREOF, WHICH SHALL BE DETERMINED BY THE COMMISSION IN CONSULTATION
WITH THE LOCAL GOVERNMENT LIMITED GAMING IMPACT ADVISORY COMMITTEE
CREATED IN SECTION 1247.11602, SHALL BE TRANSFERRED
ANNUALLY TO THE FUND.
(3) EXCEPT AS OTHERWISE PROVIDED IN THIS
SUBSECTION (3), IN NO EVENT SHALL LESS THAN AN AGGREGATE TOTAL
OF ELEVEN PERCENT OF THE FIFTY PERCENT SHARE OF THE LIMITED GAMING
FUND TO BE TRANSFERRED TO THE GENERAL FUND PURSUANT TO SECTION
9 (5) (b) (II) OF ARTICLE XVIII OF THE STATE CONSTITUTION BE TRANSFERRED
ANNUALLY TO THE FUND. COMMENCING JULY 1, 2002, IN NO EVENT SHALL
LESS THAN AN AGGREGATE TOTAL OF THIRTEEN PERCENT OF THE FIFTY
PERCENT SHARE OF THE LIMITED GAMING FUND TO BE TRANSFERRED ANNUALLY
TO THE GENERAL FUND PURSUANT TO SECTION 9 (5) (b) (II) OF ARTICLE
XVIII OF THE STATE CONSTITUTION BE TRANSFERRED TO THE FUND. THE
LOCAL GOVERNMENT LIMITED GAMING IMPACT ADVISORY COMMITTEE SHALL
REQUEST THAT THE COMMISSION AND THE GENERAL ASSEMBLY APPROVE FUNDING
FOR ALL DOCUMENTED GAMING IMPACTS UPON LOCAL GOVERNMENTS ELIGIBLE
FOR FUNDING PURSUANT TO SUBSECTION (4) OF THIS SECTION FROM THE
GENERAL FUND SHARE OF GAMING REVENUES IF THE COMMITTEE DETERMINES
THAT THE DOCUMENTED GAMING IMPACTS UPON ELIGIBLE LOCAL GOVERNMENTS
EXCEED:
(a) THE AMOUNT OF STATE GAMING FUNDS PROVIDED BY THE STATE CONSTITUTION TO AFFECTED COUNTIES;
(b) THE AMOUNT OF LOCALLY DERIVED REVENUES
FROM GAMING; AND
(c) THE AMOUNT OF REVENUE DISTRIBUTED
PURSUANT TO THIS SECTION.
(4) (a) AFTER CONSIDERING THE RECOMMENDATIONS
OF THE LOCAL GOVERNMENT LIMITED GAMING IMPACT ADVISORY COMMITTEE
CREATED IN SECTION 1247.11602, THE MONEYS FROM
THE LOCAL GOVERNMENT LIMITED GAMING IMPACT FUND SHALL BE DISTRIBUTED
AT THE AUTHORITY OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
LOCAL AFFAIRS TO ELIGIBLE LOCAL GOVERNMENTAL ENTITIES UPON THEIR
APPLICATION FOR GRANTS TO FINANCE PLANNING, CONSTRUCTION, AND
MAINTENANCE OF PUBLIC FACILITIES AND THE PROVISION OF PUBLIC SERVICES
RELATED TO THE DOCUMENTED GAMING IMPACTS.
(b) FOR THE PURPOSES OF THIS PART 16,
THE TERM "ELIGIBLE LOCAL GOVERNMENTAL ENTITY" MEANS
THE FOLLOWING LOCAL GOVERNMENTAL ENTITIES:
(I) THE COUNTIES OF BOULDER, CLEAR CREEK,
GRAND, JEFFERSON, EL PASO, FREMONT, PARK, DOUGLAS, GILPIN, TELLER,
LA PLATA, MONTEZUMA, AND ARCHULETA;
(II) ANY MUNICIPALITY LOCATED WITHIN THE
BOUNDARIES OF ANY COUNTY SET FORTH IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH (b), EXCEPT THE CITY OF CENTRAL, THE CITY OF BLACK HAWK,
AND THE CITY OF CRIPPLE CREEK; AND
(III) ANY SPECIAL DISTRICT PROVIDING EMERGENCY
SERVICES WITHIN THE BOUNDARIES OF ANY COUNTY SET FORTH IN SUBPARAGRAPH
(I) OF THIS PARAGRAPH (b).
(5) NOTWITHSTANDING THE PROVISIONS OF
SUBPARAGRAPH (II) OF THIS PARAGRAPH (b), NEITHER THE CITY OF WOODLAND
PARK NOR THE CITY OF VICTOR SHALL BE ELIGIBLE LOCAL GOVERNMENTAL
ENTITIES PRIOR TO JULY 1, 2002.
1247.11602. Local government
limited gaming impact advisory committee creation
duties. (1) THERE IS HEREBY
CREATED WITHIN THE DEPARTMENT OF LOCAL AFFAIRS A LOCAL GOVERNMENT
LIMITED GAMING IMPACT ADVISORY COMMITTEE, REFERRED TO IN THIS
SECTION AS THE "COMMITTEE". THE COMMITTEE SHALL BE COMPOSED
OF THE FOLLOWING THIRTEEN MEMBERS:
(a) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
OF LOCAL AFFAIRS;
(b) TWO MEMBERS, ONE OF WHOM SHALL BE
APPOINTED BY AND SERVE AT THE PLEASURE OF THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT OF PUBLIC SAFETY AND ONE WHO SHALL BE APPOINTED
BY AND SERVE AT THE PLEASURE OF THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF REVENUE;
(c) THREE MEMBERS REPRESENTING THE COUNTIES
ELIGIBLE TO RECEIVE MONEYS FROM THE FUND PURSUANT TO SECTION 1247.11601
(4) WHO SHALL SERVE AT THE PLEASURE OF THE BOARDS AND WHO SHALL
BE APPOINTED AS FOLLOWS:
(I) ONE MEMBER SHALL BE APPOINTED BY THE
CHAIRS OF THE BOARDS OF COUNTY COMMISSIONERS FROM THE COUNTIES
IMPACTED BY GAMING IN THE CITY OF CRIPPLE CREEK WHO SHALL SERVE
A TERM OF FOUR YEARS, EXCEPT THE INITIAL APPOINTEE WHO SHALL SERVE
A TERM OF TWO YEARS;
(II) ONE MEMBER SHALL BE APPOINTED BY
THE CHAIRS OF THE BOARDS OF COUNTY COMMISSIONERS FROM THE COUNTIES
IMPACTED BY GAMING IN THE CITY OF CENTRAL AND THE CITY OF BLACK
HAWK WHO SHALL SERVE A TERM OF FOUR YEARS; AND
(III) ONE MEMBER SHALL BE APPOINTED BY
THE CHAIRS OF THE BOARDS OF COUNTY COMMISSIONERS FROM THE COUNTIES
IMPACTED BY TRIBAL GAMING WHO SHALL SERVE A TERM OF FOUR YEARS.
(d) TWO MEMBERS REPRESENTING THE MUNICIPALITIES
ELIGIBLE TO RECEIVE MONEYS FROM THE FUND PURSUANT TO SECTION 1247.11601
(4) TO BE APPOINTED BY THE MAYORS OF THE MUNICIPALITIES AND WHO
SHALL SERVE AT THE PLEASURE OF THE MAYORS FOR TERMS OF FOUR YEARS;
EXCEPT THAT ONE OF THE INITIAL APPOINTEES SHALL SERVE A TERM OF
TWO YEARS. NOT MORE THAN ONE MEMBER SHALL BE SELECTED PURSUANT
TO THIS PARAGRAPH (d) FROM EACH OF THE GROUPS OF COUNTIES DESCRIBED
IN SUBPARAGRAPHS (I) TO (III) OF PARAGRAPH (c) OF THIS SUBSECTION
(1).
(e) ONE MEMBER REPRESENTING THE SPECIAL
DISTRICTS PROVIDING EMERGENCY SERVICES THAT ARE ELIGIBLE TO RECEIVE
MONEYS FROM THE FUND PURSUANT TO SECTION 1247.11601
(4) TO BE APPOINTED BY AND WHO SHALL SERVE AT THE PLEASURE OF
THE DIRECTOR OF THE EMERGENCY MEDICAL SERVICES AND PREVENTION
DIVISION OF THE DEPARTMENT OF PUBLIC HEALTH;
(f) ONE MEMBER OF THE COLORADO HOUSE OF
REPRESENTATIVES TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES AND WHO SHALL SERVE AT THE PLEASURE OF THE SPEAKER;
(g) ONE MEMBER OF THE COLORADO SENATE
TO BE APPOINTED BY THE PRESIDENT OF THE SENATE AND WHO SHALL SERVE
AT THE PLEASURE OF THE PRESIDENT; AND
(h) TWO MEMBERS REPRESENTING THE GOVERNOR,
TO BE APPOINTED BY THE GOVERNOR AND WHO SHALL SERVE AT THE PLEASURE
OF THE GOVERNOR.
(2) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
OF LOCAL AFFAIRS SHALL CONVENE THE FIRST MEETING OF THE COMMITTEE.
THE COMMITTEE SHALL SELECT A CHAIR OF THE COMMITTEE, FROM AMONG
THE COMMITTEE MEMBERS, WHO SHALL CONVENE THE COMMITTEE FROM TIME
TO TIME AS THE COMMITTEE DEEMS NECESSARY.
(3) THE COMMITTEE SHALL HAVE THE FOLLOWING
DUTIES:
(a) TO ESTABLISH A STANDARDIZED METHODOLOGY
AND CRITERIA FOR DOCUMENTING, MEASURING, ASSESSING, AND REPORTING
THE DOCUMENTED GAMING IMPACTS UPON ELIGIBLE LOCAL GOVERNMENTAL
ENTITIES;
(b) TO REVIEW THE DOCUMENTED GAMING IMPACTS
UPON ELIGIBLE LOCAL GOVERNMENTAL ENTITIES ON A CONTINUING BASIS;
(c) TO REVIEW GRANT APPLICATIONS FROM
ELIGIBLE LOCAL GOVERNMENTAL ENTITIES, INDIVIDUALLY OR IN COOPERATION
WITH OTHER ELIGIBLE LOCAL GOVERNMENTAL ENTITIES, BASED UPON THE
NEEDS OF THE ENTITIES AND THE DOCUMENTED GAMING IMPACTS ON THE
ENTITIES;
(d) TO MAKE FUNDING RECOMMENDATIONS ON
A CONTINUING BASIS TO BE CONSIDERED BY THE EXECUTIVE DIRECTOR
IN MAKING FUNDING DECISIONS FOR GRANT APPLICATIONS SUBMITTED BY
ELIGIBLE LOCAL GOVERNMENTAL ENTITIES PURSUANT TO SECTION 1247.11601
(4) (a);
(e) TO MAKE REQUESTS AS REQUIRED BY SECTION
1247.11601 (3) THAT THE COLORADO LIMITED GAMING CONTROL
COMMISSION AND THE GENERAL ASSEMBLY APPROVE FUNDING FOR ALL DOCUMENTED
GAMING IMPACTS UPON LOCAL GOVERNMENTS ELIGIBLE FOR FUNDING PURSUANT
TO SECTION 1247.11601 (3).
SECTION 2. 1247.11501
(2), Colorado Revised Statutes, 1991 Repl. Vol., as amended, is
amended to read:
1247.11501. Municipal limited
gaming impact fund. (2) Out
of the fifty percent share of limited gaming proceeds to be transferred
to the general fund pursuant to section 9 (5) (b) (II) of article
XVIII of the state constitution PRIOR TO JULY 1, 2002, two percent
shall be transferred annually to the fund by the state treasurer.
SECTION 3. Part
15 of article 47.1 of title 12, Colorado Revised Statutes, 1991
Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
1247.11502. Repeal of part.
THIS PART 15 IS REPEALED, EFFECTIVE JULY 1, 2001.
SECTION 4. 1247.1701
(1) (c) (I) and (4) (b), Colorado Revised Statutes, 1991 Repl.
Vol., as amended, are amended to read:
1247.1701. Limited gaming
fund repeal. (1) There
is hereby created in the office of the state treasurer the limited
gaming fund. The fund shall be maintained and operated as follows:
(c) At the end of each state fiscal year,
the state treasurer shall distribute the balance remaining in
the limited gaming fund, except for an amount equal to all expenses
of the administration of this article for the preceding twomonth
period, according to the following guidelines:
(I) Fifty percent shall be transferred
to the state general fund or such other fund as the general assembly
shall provide, including the state highway fund. For
the 199596 fiscal year and each fiscal year thereafter,
the gaming impact advisory committee created in section 1247.11401
(7) shall recommend to the joint budget committee of the general
assembly an amount to be transferred to the state highway fund
to be used solely for proposed or anticipated transportation needs
that are attributable to limited gaming and to reimburse the department
of transportation for any emergency repairs and modifications
performed during the previous fiscal year that are attributable
to limited gaming. The general assembly
shall determine and appropriate an amount as a separate line item
to be transferred to the state highway fund.
(4) (b) (I) Of the fifty percent
transferred to the general fund pursuant to section 9 (5) (b)
(II) of article XVIII of the state constitution PRIOR TO JULY
1, 2002, two percent shall be transferred to the municipal limited
gaming impact fund created in section 1247.11501 and
the amount transferred to the general fund pursuant to this subsection
(4) shall be further reduced to fortyeight and eighttenths
percent.
(II) THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE
SEPTEMBER 1, 2002.
SECTION 5. 1247.11401
(2), Colorado Revised Statutes, 1991 Repl. Vol., is amended to
read:
1247.11401. Contiguous
county limited gaming impact fund. (2) Out
of the fifty percent share to be transferred to the general fund
pursuant to subsection (5) (b) (II) of section 9 of article XVIII
of the Colorado constitution PRIOR TO JULY 1, 1997, a percent
thereof, which shall be determined by the commission in consultation
with the gaming impact advisory committee created in subsection
(7) of this section, shall be transferred annually to the fund.
SECTION 6. Part
14 of article 47.1 of title 12, Colorado Revised Statutes, 1991
Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
1247.11403. Repeal of part. THIS
PART 14 IS REPEALED, EFFECTIVE JULY 1, 1998.
SECTION 7. Effective
date. This act shall take effect July 1, 1997.
SECTION 8. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO