SENATE BILL 97028
BY SENATORS Wells, Rizzuto, Tebedo, and Thiebaut;
also REPRESENTATIVES Anderson, Allen, Bacon, Gotlieb,
Pfiffner, Reeser, Schwarz, Tupa, and S. Williams.
CONCERNING IMPOSITION OF POLICIES CONCERNING STUDENT
FEES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 231123
(1), (2) (a), (3), (5), (6) (a), and (7), Colorado Revised Statutes,
1995 Repl. Vol., are amended to read:
231123. Commission directive
fee policies. (1) The
general assembly hereby finds that, due to increasing financial
restrictions, fees are increasingly being used as sources of revenue
for institutions of higher education. including
the Auraria higher education center.
The general assembly further finds that it is necessary for institutions
of higher education including the
Auraria higher education center,
to consider students' opinions concerning the amount assessed
in fees and the purposes for which the institution uses the revenues
received. It is therefore the intent of the general assembly that
the commission adopt policies concerning the definition, assessment,
increase, and use of fees, including but not limited to the policies
specified in this section.
(2) (a) Any institution of higher
education including the Auraria higher
education center, shall give at least
a thirtyday notice of any fee assessment or increase.
(3) The commission shall establish a policy
concerning the minimum level of student involvement in assessing
and setting the amount of fees and in determining the purposes
for which institutions of higher education including
the Auraria higher education center,
shall use the revenues obtained from fees.
(5) In adopting fee policies pursuant
to this section, the commission may
SHALL adopt separate policies for fees used for academic
purposes and fees used for nonacademic
DIFFERENT purposes, INCLUDING BUT NOT LIMITED TO THE FOLLOWING
FEE POLICIES:
(a) Fees related to bonds issued on
behalf of auxiliary facilities on or after July 1, 1997. (I) (A) FOR
ANY BONDS OR OTHER DEBT OBLIGATIONS ISSUED OR INCURRED ON OR AFTER
JULY 1, 1997, ON BEHALF OF AN AUXILIARY FACILITY, THE ISSUING
OR INCURRING GOVERNING BOARD MAY ASSESS A USER FEE AGAINST PERSONS
USING THE AUXILIARY FACILITY THAT INCLUDES THE AMOUNT NECESSARY
FOR REPAYMENT OF THE BONDS OR OTHER DEBT OBLIGATIONS AND ANY AMOUNT
NECESSARY FOR THE OPERATION AND MAINTENANCE OF THE AUXILIARY FACILITY.
(B) IF A GOVERNING BOARD USES REVENUES
FROM A GENERAL STUDENT FEE FOR THE REPAYMENT OF BONDS OR OTHER
DEBT OBLIGATIONS ISSUED OR INCURRED PURSUANT TO THIS PARAGRAPH
(a), THE GOVERNING BOARD SHALL SPECIFY THE PORTION OF THE GENERAL
STUDENT FEE THAT IS ACTUALLY APPLIED TO REPAYMENT OF THE BONDS
OR OTHER DEBT OBLIGATIONS. THE ITEMIZATION OF ANY GENERAL STUDENT
FEE, ALL OR A PORTION OF WHICH IS USED FOR REPAYMENT OF BONDS
OR OTHER DEBT OBLIGATIONS, SHALL APPEAR ON THE STUDENT BILLING
STATEMENT.
(II) WHILE BONDS OR OTHER DEBT OBLIGATIONS
ISSUED OR INCURRED PURSUANT TO THIS PARAGRAPH (a) REMAIN OUTSTANDING,
THE ISSUING OR INCURRING GOVERNING BOARD MAY, SUBJECT TO THE RESTRICTIONS
SPECIFIED IN PARAGRAPH (c) OF THIS SUBSECTION (5), PLEDGE ANY
EXCESS REVENUE RECEIVED FROM ANY USER FEE ASSESSED PURSUANT TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH (a) OR FROM ANY PORTION OF
A GENERAL STUDENT FEE APPLIED TO THE REPAYMENT OF SUCH BONDS OR
OTHER DEBT OBLIGATIONS PURSUANT TO SUBSUBPARAGRAPH (B) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH (a) TO THE REPAYMENT OF ANY
BONDS OR OTHER DEBT OBLIGATIONS ISSUED OR INCURRED ON BEHALF OF
ANY OTHER AUXILIARY FACILITY; EXCEPT THAT THE PLEDGE OF ANY SUCH
EXCESS REVENUE SHALL TERMINATE UPON FULL REPAYMENT OF THE BONDS
OR OTHER DEBT OBLIGATIONS ORIGINALLY INCURRED FOR THE SPECIFIC
PROJECT, OR SUBSEQUENTLY ISSUED OR INCURRED TO REFUND ANY BONDS
OR OTHER DEBT OBLIGATIONS ISSUED OR INCURRED FOR THE SPECIFIC
PROJECT, ON BEHALF OF THE PLEDGING AUXILIARY FACILITY.
(III) ON AND AFTER THE DATE UPON WHICH
ANY BONDS OR OTHER DEBT OBLIGATIONS ISSUED OR INCURRED PURSUANT
TO THIS PARAGRAPH (a) ARE FULLY REPAID:
(A) THE AMOUNT OF THE USER FEE ASSESSED
AGAINST PERSONS USING THE AUXILIARY FACILITY, IF ANY, SHALL BE
REDUCED, IF NECESSARY, SO AS NOT TO EXCEED ONE HUNDRED TEN PERCENT
OF THE COSTS INCURRED IN OPERATING AND MAINTAINING THE AUXILIARY
FACILITY DURING THE PRECEDING YEAR; EXCEPT THAT THE GOVERNING
BOARD MAY REDUCE THE AMOUNT OF THE USER FEE TO AN AMOUNT NOT TO
EXCEED ONE HUNDRED TWENTY PERCENT OF THE COSTS INCURRED IN OPERATING
AND MAINTAINING THE AUXILIARY FACILITY DURING THE PRECEDING YEAR
AND SET ASIDE THE ADDITIONAL TEN PERCENT IN A RESERVE FUND FOR
REPAIR AND REPLACEMENT OF THE AUXILIARY FACILITY;
(B) THE GOVERNING BOARD SHALL CEASE COLLECTING ANY PORTION OF A GENERAL STUDENT FEE ASSESSED FOR THE REPAYMENT OF THE BONDS OR OTHER DEBT OBLIGATIONS; EXCEPT THAT, IF NO USER FEE WAS ASSESSED FOR THE REPAYMENT OF THE BONDS OR OTHER DEBT OBLIGATIONS OR IF THE AMOUNT OF THE USER FEE IS LESS THAN THE COSTS INCURRED IN OPERATING AND MAINTAINING THE AUXILIARY FACILITY DURING THE PRECEDING YEAR, THE GOVERNING BOARD MAY CONTINUE COLLECTING THE SPECIFIED PORTION OF THE GENERAL STUDENT FEE THAT WAS APPLIED TO REPAYMENT OF THE BONDS OR OTHER DEBT OBLIGATIONS SO LONG AS SAID PORTION OF THE GENERAL STUDENT FEE IS REDUCED, IF NECESSARY, TO AN AMOUNT THAT, IN COMBINATION WITH ANY USER FEE COLLECTED FOR THE AUXILIARY FACILITY, DOES NOT EXCEED ONE HUNDRED TEN PERCENT OF THE COSTS INCURRED IN OPERATING AND MAINTAINING THE AUXILIARY FACILITY DURING THE PRECEDING YEAR. NOTWITHSTANDING THE PROVISIONS OF THIS SUBSUBPARAGRAPH (B), THE GOVERNING BOARD MAY REDUCE SAID PORTION OF THE GENERAL STUDENT FEE TO AN AMOUNT THAT, IN COMBINATION WITH ANY USER FEE COLLECTED FOR THE AUXILIARY FACILITY, DOES NOT EXCEED ONE HUNDRED TWENTY PERCENT OF THE COSTS INCURRED IN OPERATING AND MAINTAINING THE AUXILIARY FACILITY DURING THE PRECEDING YEAR AND SET ASIDE THE ADDITIONAL TEN PERCENT IN A RESERVE FUND FOR REPAIR AND REPLACEMENT OF THE AUXILIARY FACILITY.
(C) THE REVENUES RECEIVED PURSUANT TO
THIS SUBPARAGRAPH (III), EITHER THROUGH A USER FEE OR THROUGH
A SPECIFIED PORTION OF A GENERAL STUDENT FEE, MAY NOT BE PLEDGED
FOR THE REPAYMENT OF ANY BONDS OR OTHER DEBT OBLIGATIONS ISSUED
ON BEHALF OF ANY OTHER AUXILIARY FACILITY. ANY AMOUNT OF SAID
REVENUE THAT EXCEEDS BOTH THE AMOUNT NECESSARY FOR THE OPERATION
AND MAINTENANCE OF THE AUXILIARY FACILITY AND ANY AMOUNT SET ASIDE
IN A RESERVE FUND FOR REPAIR AND REPLACEMENT OF THE AUXILIARY
FACILITY IS SURPLUS AND MAY BE USED BY THE GOVERNING BOARD AS
PROVIDED IN SECTION 235103 (3).
(b) Fees related to bonds issued on
behalf of auxiliary facilities prior to July 1, 1997. (I) FOR
ANY BONDS OR OTHER DEBT OBLIGATIONS ISSUED OR INCURRED PRIOR TO
JULY 1, 1997, ON BEHALF OF AN AUXILIARY FACILITY FOR A SPECIFIC
PROJECT:
(A) APPROVAL OF THE STUDENT BODY IS NOT
REQUIRED FOR ANY FEE ASSESSED FOR REPAYMENT OF SAID BONDS OR OTHER
DEBT OBLIGATIONS;
(B) APPROVAL OF THE STUDENT BODY IS NOT
REQUIRED TO INCREASE ANY FEE THAT IS APPLIED TO THE REPAYMENT
OF SAID BONDS OR OTHER DEBT OBLIGATIONS IF THE FEE INCREASE IS
NECESSITATED BY A COVENANT IN THE AUTHORIZING BOND RESOLUTION
OR OTHER AGREEMENT FOR THE SPECIFIC PROJECT FOR WHICH THE BONDS
OR OTHER DEBT OBLIGATIONS WERE ISSUED OR INCURRED;
(C) APPROVAL OF THE STUDENT BODY IS NOT
REQUIRED TO INCREASE ANY FEE THAT IS APPLIED TO THE REPAYMENT
OF SAID BONDS OR OTHER DEBT OBLIGATIONS IF THE FEE INCREASE IS
ASSESSED FOR THE REPAYMENT OF BONDS THAT ARE ISSUED TO REFUND
THE EXISTING BONDS FOR THE SPECIFIC PROJECT AND THE MATURITY DATE
OF THE REFUNDING BONDS IS THE SAME OR EARLIER THAN THE MATURITY
DATE OF THE EXISTING BONDS.
(II) WHILE BONDS OR OTHER DEBT OBLIGATIONS
ISSUED OR INCURRED PURSUANT TO THIS PARAGRAPH (b) REMAIN OUTSTANDING,
THE ISSUING OR INCURRING GOVERNING BOARD MAY, SUBJECT TO THE RESTRICTIONS
SPECIFIED IN PARAGRAPH (c) OF THIS SUBSECTION (5), PLEDGE ANY
EXCESS REVENUE RECEIVED FROM THE FEE, WHETHER IT IS A USER FEE
OR A PORTION OF A GENERAL STUDENT FEE APPLIED TO THE REPAYMENT
OF SUCH BONDS OR OTHER DEBT OBLIGATIONS, TO THE REPAYMENT OF ANY
BONDS OR OTHER DEBT OBLIGATIONS ISSUED OR INCURRED ON BEHALF OF
ANY OTHER AUXILIARY FACILITY; EXCEPT THAT:
(A) IF THE EXCESS REVENUE IS PLEDGED ON
OR AFTER JANUARY 1, 1997, THE PLEDGE OF SUCH EXCESS REVENUE SHALL
TERMINATE UPON FULL REPAYMENT OF THE BONDS OR OTHER DEBT OBLIGATIONS
ORIGINALLY ISSUED OR INCURRED FOR THE SPECIFIC PROJECT, OR SUBSEQUENTLY
ISSUED OR INCURRED TO REFUND ANY BONDS OR OTHER DEBT OBLIGATIONS
ISSUED OR INCURRED FOR THE SPECIFIC PROJECT, ON BEHALF OF THE
PLEDGING AUXILIARY FACILITY;
(B) IF THE EXCESS REVENUE IS PLEDGED PRIOR
TO JANUARY 1, 1997, THE PLEDGE OF SUCH EXCESS REVENUE SHALL TERMINATE
UPON FULL REPAYMENT OF ALL BONDS OR OTHER DEBT OBLIGATIONS FOR
WHICH THE USER FEE OR PORTION OF A GENERAL STUDENT FEE WAS PLEDGED
AS OF JANUARY 1, 1997.
(III) ON AND AFTER THE DATE UPON WHICH
ANY BONDS OR OTHER DEBT OBLIGATIONS ISSUED OR INCURRED PURSUANT
TO THIS PARAGRAPH (b) ARE FULLY REPAID OR, IF EXCESS REVENUE IS
PLEDGED AS PROVIDED IN SUBSUBPARAGRAPH (B) OF SUBPARAGRAPH
(II) OF THIS PARAGRAPH (b), ON AND AFTER THE DATE UPON WHICH THE
PLEDGE TERMINATES:
(A) THE AMOUNT OF THE USER FEE, IF ANY,
ASSESSED AGAINST PERSONS USING THE AUXILIARY FACILITY SHALL BE
REDUCED, IF NECESSARY, SO AS NOT TO EXCEED ONE HUNDRED TEN PERCENT
OF THE COSTS INCURRED IN OPERATING AND MAINTAINING THE AUXILIARY
FACILITY DURING THE PRECEDING YEAR; EXCEPT THAT THE GOVERNING
BOARD MAY REDUCE THE AMOUNT OF THE USER FEE TO AN AMOUNT NOT TO
EXCEED ONE HUNDRED TWENTY PERCENT OF THE COSTS INCURRED IN OPERATING
AND MAINTAINING THE AUXILIARY FACILITY DURING THE PRECEDING YEAR
AND SET ASIDE THE ADDITIONAL TEN PERCENT IN A RESERVE FUND FOR
REPAIR AND REPLACEMENT OF THE AUXILIARY FACILITY;
(B) THE GOVERNING BOARD SHALL CEASE COLLECTING
ANY PORTION OF A GENERAL STUDENT FEE ASSESSED FOR THE REPAYMENT
OF THE BONDS OR OTHER DEBT OBLIGATIONS; EXCEPT THAT, IF NO USER
FEE WAS ASSESSED FOR THE REPAYMENT OF THE BONDS OR OTHER DEBT
OBLIGATIONS OR IF THE AMOUNT OF THE USER FEE IS LESS THAN THE
COSTS INCURRED IN OPERATING AND MAINTAINING THE AUXILIARY FACILITY
DURING THE PRECEDING YEAR, THE GOVERNING BOARD MAY CONTINUE COLLECTING
THE SPECIFIED PORTION OF THE GENERAL STUDENT FEE THAT WAS APPLIED
TO REPAYMENT OF THE BONDS OR OTHER DEBT OBLIGATIONS SO LONG AS
SAID PORTION OF THE GENERAL STUDENT FEE IS REDUCED, IF NECESSARY,
TO AN AMOUNT THAT, IN COMBINATION WITH ANY USER FEE COLLECTED
FOR THE AUXILIARY FACILITY, DOES NOT EXCEED ONE HUNDRED TEN PERCENT
OF THE COSTS INCURRED IN OPERATING AND MAINTAINING THE AUXILIARY
FACILITY DURING THE PRECEDING YEAR. NOTWITHSTANDING THE PROVISIONS
OF THIS SUBSUBPARAGRAPH (B), THE GOVERNING BOARD MAY REDUCE
SAID PORTION OF THE GENERAL STUDENT FEE TO AN AMOUNT THAT, IN
COMBINATION WITH ANY USER FEE COLLECTED FOR THE AUXILIARY FACILITY,
DOES NOT EXCEED ONE HUNDRED TWENTY PERCENT OF THE COSTS INCURRED
IN OPERATING AND MAINTAINING THE AUXILIARY FACILITY DURING THE
PRECEDING YEAR AND SET ASIDE THE ADDITIONAL TEN PERCENT IN A RESERVE
FUND FOR REPAIR AND REPLACEMENT OF THE AUXILIARY FACILITY.
(C) THE REVENUES RECEIVED PURSUANT TO
THIS SUBPARAGRAPH (III), EITHER THROUGH A USER FEE OR THROUGH
A SPECIFIED PORTION OF A GENERAL STUDENT FEE, MAY NOT BE PLEDGED
FOR THE REPAYMENT OF ANY BONDS OR OTHER DEBT OBLIGATIONS ISSUED
ON BEHALF OF ANY OTHER AUXILIARY FACILITY. ANY AMOUNT OF SAID
REVENUE THAT EXCEEDS BOTH THE AMOUNT NECESSARY FOR THE OPERATION
AND MAINTENANCE OF THE AUXILIARY FACILITY AND ANY AMOUNT SET ASIDE
IN A RESERVE FUND FOR REPAIR AND REPLACEMENT OF THE AUXILIARY
FACILITY IS SURPLUS AND MAY BE USED BY THE GOVERNING BOARD AS
PROVIDED IN SECTION 235103 (3).
(c) Restrictions on pledging of amounts received
in fees. (I) SUBJECT TO THE PROVISIONS OF PARAGRAPHS
(a) AND (b) OF THIS SUBSECTION (5), A USER FEE THAT IS ASSESSED
AGAINST PERSONS USING AN AUXILIARY FACILITY THAT IS NOT DESIGNATED
AS AN ENTERPRISE PURSUANT TO SECTION 235101.5 MAY
BE PLEDGED FOR THE REPAYMENT OF BONDS OR OTHER DEBT OBLIGATIONS
ISSUED OR INCURRED ON BEHALF OF ANY OTHER AUXILIARY FACILITY THAT
IS NOT DESIGNATED AS AN ENTERPRISE, AS PROVIDED IN SECTIONS 235102
AND 235103.
(II) SUBJECT TO THE PROVISIONS OF PARAGRAPHS
(a) AND (b) OF THIS SUBSECTION (5), A USER FEE THAT IS ASSESSED
AGAINST PERSONS USING AN AUXILIARY FACILITY THAT IS DESIGNATED
AS AN ENTERPRISE BY THE UNIVERSITY OF COLORADO PURSUANT TO SECTION
235101.5 MAY BE PLEDGED FOR THE REPAYMENT OF BONDS
OR OTHER DEBT OBLIGATIONS ISSUED OR INCURRED ON BEHALF OF ANOTHER
AUXILIARY FACILITY THAT IS DESIGNATED AS AN ENTERPRISE BY THE
UNIVERSITY OF COLORADO, AS PROVIDED IN SECTIONS 235102
AND 235103.
(III) A GOVERNING BOARD MAY NOT PLEDGE
A USER FEE ASSESSED AGAINST PERSONS USING AN AUXILIARY FACILITY
THAT IS NOT DESIGNATED AS AN ENTERPRISE FOR REPAYMENT OF BONDS
OR OTHER DEBT OBLIGATIONS ISSUED OR INCURRED ON BEHALF OF ANY
AUXILIARY FACILITY THAT IS DESIGNATED AS AN ENTERPRISE OR ON BEHALF
OF THE INSTITUTION WITH WHICH THE AUXILIARY FACILITY IS ASSOCIATED.
EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH
(c), A GOVERNING BOARD MAY NOT PLEDGE A USER FEE ASSESSED AGAINST
PERSONS USING AN AUXILIARY FACILITY THAT IS DESIGNATED AS AN ENTERPRISE
PURSUANT TO SECTION 231101.5 FOR THE REPAYMENT OF
BONDS OR OTHER DEBT OBLIGATIONS ISSUED OR INCURRED ON BEHALF OF
ANY OTHER AUXILIARY FACILITY, REGARDLESS OF WHETHER THE OTHER
AUXILIARY FACILITY IS DESIGNATED AS AN ENTERPRISE, OR ON BEHALF
OF THE INSTITUTION WITH WHICH THE AUXILIARY FACILITY IS ASSOCIATED.
(d) Itemization of bond fees. EVERY
FEE, THE PURPOSE OF WHICH INCLUDES MAKING PAYMENTS ON BONDS OR
OTHER OBLIGATIONS, SHALL BE SEPARATELY ITEMIZED ON THE STUDENT
BILLING STATEMENT.
(e) Fees for administrative costs. (I) NO
EXISTING FEE, NEW FEE, OR INCREASE IN AN EXISTING FEE RELATED
TO ADMINISTRATIVE COSTS FOR A SPECIFIC ACADEMIC COURSE SHALL BE
SUBJECT TO A VOTE OF THE STUDENT BODY.
(II) ON AND AFTER JULY 1, 1997, NO NEW
FEE, THE PURPOSE OF WHICH IS TO COVER ADMINISTRATIVE COSTS UNRELATED
TO A SPECIFIC ACADEMIC COURSE, OR INCREASE IN SUCH AN EXISTING
FEE IN EXCESS OF THE RATE OF INFLATION, SHALL BE COLLECTED UNLESS
APPROVED BY A MAJORITY OF THE VOTES CAST BY THE STUDENT BODY AT
A REGULARLY SCHEDULED ELECTION AND UNLESS THE FEE OR INCREASE
CONTAINS AN EXPIRATION DATE.
(III) EVERY FEE THE PURPOSE OF WHICH IS
TO COVER ANY ADMINISTRATIVE COSTS, WHETHER OR NOT RELATED TO A
SPECIFIC ACADEMIC COURSE, SHALL BE SEPARATELY ITEMIZED ON THE
STUDENT BILLING STATEMENT; EXCEPT THAT ANY ACADEMIC COURSE FEE
THAT IS SPECIFICALLY LISTED WITH THE COURSE DESCRIPTION IN AN
INSTITUTION'S COURSE CATALOGUE NEED NOT BE ITEMIZED ON THE STUDENT
BILLING STATEMENT.
(f) Fees for nonpermanent student purposes.
(I) (A) ALL FEES IN EXISTENCE PRIOR TO JULY 1,
1997, THE ORIGINAL PURPOSE OF WHICH WAS FOR STUDENT PURPOSES OTHER
THAN PERMANENT STUDENT PURPOSES AND THAT ARE NOT SCHEDULED TO
EXPIRE PRIOR TO JULY 1, 2000, SHALL BE SUBJECT TO APPROVAL BY
A MAJORITY OF THE VOTES CAST BY THE STUDENT BODY AT THE NEXT REGULARLY
SCHEDULED ELECTION HELD AFTER JULY 1, 2000.
(B) ON AND AFTER JULY 1, 1997, NO NEW
FEE, THE PURPOSE OF WHICH IS FOR STUDENT PURPOSES OTHER THAN PERMANENT
STUDENT PURPOSES, OR INCREASE IN SUCH AN EXISTING FEE IN EXCESS
OF THE RATE OF INFLATION, SHALL BE COLLECTED UNLESS APPROVED BY
A MAJORITY OF THE VOTES CAST BY THE STUDENT BODY AT A REGULARLY
SCHEDULED ELECTION AND UNLESS THE FEE OR INCREASE CONTAINS AN
EXPIRATION DATE.
(II) EVERY FEE THE PURPOSE OF WHICH IS
FOR ANY STUDENT PURPOSES, WHETHER OR NOT PERMANENT, SHALL BE SEPARATELY
ITEMIZED ON THE STUDENT BILLING STATEMENT.
(g) Refund of optional fees. ANY OPTIONAL
FEES OR CHARGES COLLECTED AFTER JULY 1, 1997, THAT ARE AUTOMATICALLY
ASSESSED UNLESS THE STUDENT CHOOSES NOT TO PAY THE FEE, EXCEPT
FOR HEALTH CARE FEES, SHALL BE REFUNDED BY THE INSTITUTION OR
ORGANIZATION THAT RECEIVES THE FEE, UPON REQUEST, TO ANY STUDENT
WHO PAID THE FEE. THE REFUND SHALL BE AVAILABLE DURING THE ENTIRE
SEMESTER IN WHICH THE STUDENT PAID THE FEE.
(h) Resubmittal of defeated fees. NO
NEW FEE OR INCREASE OR EXTENSION OF AN EXISTING FEE THAT IS DEFEATED
BY A VOTE OF THE STUDENT BODY MAY BE RESUBMITTED FOR A VOTE BY
THE STUDENT BODY UNTIL THE NEXT REGULARLY SCHEDULED ELECTION FOLLOWING
THE VOTE OF THE STUDENT BODY THAT DEFEATED THE FEE, INCREASE,
OR EXTENSION.
(6) (a) Except as otherwise provided
in paragraph (b) of this subsection (6), following adoption by
the commission of the fee policies required pursuant to this section,
the administration of each institution of higher education including
the Auraria higher education center,
and the student government in office at the institution at the
time of adoption of the fee policies shall establish a fee policy
for such institution, subject to the modification and approval
of the governing board of the institution, that is in accordance
with the fee policies adopted by the commission.
(7) For purposes of this section:
(a) "AUXILIARY FACILITY" HAS
THE SAME MEANING AS DEFINED IN SECTION 235101.5 (2)
(a).
(b) "Fees" means any mandatory
campuswide fee assessed against students by any institution
of higher education including the
Auraria higher education center,
the revenues from which are used for academic or nonacademic purposes,
including but not limited to the following:
(a) (I) Support
for student programs, including but not limited to cultural or
social events, offcampus housing assistance, student clubs,
student organizations, and student media;
(b) (II) Construction,
maintenance, operation, or lease of areas that are used as student
centers, recreational facilities, parking lots, or child care
centers or for payment of bonds issued for principal or interest
payments on longterm debt for student facilities;
(c) (III) Establishment
and operation of campus health clinics or contract health services;
(d) (IV) Support
for intercollegiate or intramural club athletic activities or
for payment of bonds allocated for the principal or interest payments
on the longterm debt of any facility used for intercollegiate
athletics;
(e) (V) Payment
of direct and indirect operating expenses of student government;
(f) (VI) Providing
or purchasing equipment or programmatic activities relating to
computer equipment, laboratory equipment, or other technology;
(g) (VII) Providing
administrative services, including registration fees;
(h) (VIII) Payment
for costs incurred in specific courses including, but not limited
to, laboratory, music, art, materials, and telecourse fees;
(i) (IX) Payment
of nonspecific costs related to the instructional program or college;
and
(j) (X) Payment
for additional insurance costs necessary due to the nature of
a particular course.
(c) "INFLATION" MEANS THE PERCENTAGE
CHANGE IN THE CONSUMER PRICE INDEX FOR THE DENVERBOULDER
CONSOLIDATED METROPOLITAN STATISTICAL AREA FOR ALL URBAN CONSUMERS,
ALL GOODS, AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR,
BUREAU OF LABOR STATISTICS, OR ITS SUCCESSOR INDEX.
(d) "INSTITUTION OF HIGHER EDUCATION"
MEANS ANY STATESUPPORTED INSTITUTION OF HIGHER EDUCATION
IN COLORADO, INCLUDING JUNIOR COLLEGES, AREA VOCATIONAL SCHOOLS,
AND THE AURARIA HIGHER EDUCATION CENTER.
(e) "PERMANENT STUDENT PURPOSES"
MEANS STUDENT CENTERS, RECREATIONAL FACILITIES, PARKING LOTS,
INTERCOLLEGIATE ATHLETICS, CHILD CARE CENTERS, CAMPUS HEALTH CLINICS,
CONTRACT HEALTH SERVICES, STUDENT GOVERNMENT, AND SIMILAR FACILITIES
AND SERVICES, AND INCLUDES ANY GENERAL FEE, THE REVENUE FROM WHICH
IS TO BE APPROPRIATED BY STUDENT GOVERNMENT FOR A SPECIFIC PURPOSE.
(f) "USER FEE" MEANS A FEE PAID
BY A STUDENT TO EXERCISE A PRIVILEGE OR RECEIVE A SERVICE PROVIDED
BY AN AUXILIARY FACILITY. "USER FEE" DOES NOT INCLUDE:
(I) ANY GENERAL FEE CHARGED TO ALL STUDENTS;
(II) ANY FEE PAID FOR CONTINUING EDUCATION
FACILITIES OR ACTIVITIES; OR
(III) ANY FEE PAID TO PURCHASE A TICKET
TO AN ATHLETIC EVENT OCCURRING AT THE INSTITUTION.
SECTION 2. 235102
(2), Colorado Revised Statutes, 1995 Repl. Vol., is amended to
read:
235102. Funding for auxiliary
facilities loans bonds.
(2) The governing body of any institution of higher
education by resolution may issue revenue bonds on behalf of any
auxiliary facility or group of auxiliary facilities managed by
such governing body for the purpose of obtaining funds for constructing,
otherwise acquiring, equipping, or operating such auxiliary facility
or group of auxiliary facilities. Any bonds issued on behalf of
any auxiliary facility or group of auxiliary facilities, other
than housing facilities, dining facilities, recreational facilities,
health facilities, parking facilities, research facilities which
are funded from a revolving fund, or designated enterprise auxiliary
facilities listed in section 235101.5 (4), may be
issued only after approval by both houses of the general assembly
either by bill or by joint resolution and after approval by the
governor in accordance with section 39 of article V of the state
constitution. Bonds issued pursuant to this subsection (2) shall
be payable only from revenues generated by the auxiliary facility
or group of auxiliary facilities on behalf of which such bonds
are issued; except that, SUBJECT TO SECTION 231123
(5) (a) (III) AND (5) (b) (II), revenues generated by a designated
enterprise auxiliary facility that is associated with the university
of Colorado may be pledged for the repayment of bonds issued by
another designated enterprise auxiliary facility which is not
part of the same enterprise. Such bonds shall be issued in accordance
with the provisions of section 235103 (2). The termination,
rescission, or expiration of the enterprise designation of any
auxiliary facility or group of auxiliary facilities pursuant to
section 235101.5 (3) shall not adversely affect the
validity of or security for any revenue bonds issued on behalf
of such auxiliary facility or group of auxiliary facilities.
SECTION 3. 235103
(1) and (3), Colorado Revised Statutes, 1995 Repl. Vol., are amended
to read:
235103. Pledge of income.
(1) The governing board of any one or more state educational
institutions, including, but not limited to, the colleges under
the control and operation of the trustees of the state colleges
in Colorado, which enters into such a contract for the advancement
of moneys is authorized, in connection with or as a part of such
contract, to pledge the net income derived or to be derived from
such land or facilities so constructed, acquired, and equipped
as security for the repayment of the moneys advanced therefor,
together with interest thereon, and for the establishment and
maintenance of reserves in connection therewith; and, for the
same purpose, any such governing board is also authorized, SUBJECT
TO THE LIMITATIONS SPECIFIED IN SECTION 231123 (5),
to pledge the net income derived or to be derived from other auxiliary
facilities which are not individually designated as enterprises
and which are not acquired and not to be acquired with moneys
appropriated to the institution by the state of Colorado, and
to pledge the net income, fees, and revenues derived from such
sources, if unpledged, or, if pledged, the net income, fees, and
revenues currently in excess of the amount required to meet principal,
interest, and reserve requirements in connection with outstanding
obligations to which such net income, fees, and revenues have
theretofore been pledged. If the contract for the advancement
of moneys is entered into by the university of Colorado on behalf
of a designated enterprise auxiliary facility that is associated
with the university of Colorado, the board of regents is authorized
to pledge only the net income, including fees and revenues derived
or to be derived from the designated enterprise auxiliary facility
and any other designated enterprise auxiliary facilities.
(3) If the pledged net income, fees, and
revenues exceed the amount required to meet principal, interest,
and reserve requirements in connection with revenue bonds of the
institution to which such income has been pledged AND EXCEED THE
AMOUNT NECESSARY FOR THE MAINTENANCE AND OPERATION OF THE AUXILIARY
FACILITY PLUS ANY AMOUNT SET ASIDE IN A RESERVE FUND FOR REPAIR
AND REPLACEMENT OF THE FACILITY, the governing board may retain
such surplus and utilize the same in such manner as in its judgment
is for the best interests of the educational institution. Such
surplus shall be used by the governing board for the purposes
of rehabilitating, altering, adding to, or equipping any existing
auxiliary facilities acquired pursuant to the provisions of this
article and for the acquisition of sites for constructing, acquiring,
and equipping additional auxiliary facilities pursuant to such
provisions or for prior redemption of outstanding bonds. USE OF
SUCH SURPLUS SHALL BE REVIEWED IN ADVANCE BY REPRESENTATIVES OF
THE STUDENT GOVERNMENT AT THE INSTITUTION WITH WHICH THE AUXILIARY
FACILITY IS ASSOCIATED.
SECTION 4. 235101.5,
Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE
ADDITION OF A NEW SUBSECTION to read:
235101.5. Enterprise status
of auxiliary facilities. (1.5) IN
PLEDGING REVENUES FOR THE REPAYMENT OF REVENUE BONDS ISSUED ON
BEHALF OF ANY AUXILIARY FACILITY OR GROUP OF AUXILIARY FACILITIES
THAT IS DESIGNATED AS AN ENTERPRISE, THE INSTITUTION OF HIGHER
EDUCATION AND THE AUXILIARY FACILITY OR GROUP OF AUXILIARY FACILITIES
MAY PLEDGE INTERNAL REVENUES ONLY IF THE AUXILIARY FACILITY OR
GROUP OF AUXILIARY FACILITIES:
(a) IS ACCOUNTED FOR SEPARATELY IN INSTITUTIONAL
FINANCIAL RECORDS;
(b) IS SELFSUPPORTING FROM REVENUES
RECEIVED AS GIFTS FROM NONGOVERNMENTAL SOURCES OR IN EXCHANGE
FOR GOODS AND SERVICES; AND
(c) ENGAGES IN THE TYPE OF ACTIVITIES
THAT ARE COMMONLY CARRIED ON FOR PROFIT OUTSIDE THE PUBLIC SECTOR.
SECTION 5. 235101.5
(2), Colorado Revised Statutes, 1995 Repl. Vol., is amended BY
THE ADDITION OF A NEW PARAGRAPH to read:
235101.5. Enterprise status of auxiliary facilities. (2) As used in this article:
(c) "INTERNAL REVENUES" MEANS
REVENUES RECEIVED IN EXCHANGE FOR THE PROVISION OF GOODS OR SERVICES
TO THE INSTITUTION OF HIGHER EDUCATION WITH WHICH THE AUXILIARY
FACILITY OR GROUP OF AUXILIARY FACILITIES IS ASSOCIATED; EXCEPT
THAT REVENUES RECEIVED FROM ANOTHER AUXILIARY FACILITY OR GROUP
OF AUXILIARY FACILITIES THAT HAS BEEN DESIGNATED AS AN ENTERPRISE
ARE NOT "INTERNAL REVENUES".
SECTION 6. 235101.5
(4) (a) (III), (4) (a) (V), (4) (a) (VI), (4) (e) (IV), (4) (e)
(V), (4) (f) (II), and (4) (f) (III), Colorado Revised Statutes,
1995 Repl. Vol., are amended, and the said 235101.5
(4) (e) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH,
to read:
235101.5. Enterprise status
of auxiliary facilities. (4) The
expiration of the following designations of auxiliary facilities
as enterprises, which are scheduled for expiration pursuant to
subsection (3) of this section, are postponed until June 30, 1999:
(a) Auraria higher education center:
(III) Reprographics; AND
(V) Facilities
remodeling; and
(VI) Information
services;
(e) Colorado community college and occupational
education system:
(IV) Sales
and services of educational activities; and
(V) Tec operations; AND
(VI) LOWRY ENTERPRISE;
(f) Colorado state university system:
(II) Continuing education; AND
(III) General
operations; and
SECTION 7. Effective
date applicability. This act shall take effect July
1, 1997, and shall apply to fees collected on or after said date.
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