BY SENATORS Bishop, Ament, Dennis, Rizzuto, Wham, and Weddig;
also REPRESENTATIVES George, Taylor, and Udall.
CONCERNING THE MANAGEMENT OF STATE LANDS, AND, IN
CONNECTION THEREWITH, MAKING STATUTORY CHANGES TO IMPLEMENT THE
AMENDMENTS TO SECTIONS 3, 9, AND 10 OF ARTICLE IX OF THE STATE
CONSTITUTION, ADOPTED BY THE PEOPLE AT THE NOVEMBER 1996 GENERAL
ELECTION, AND MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Title
36, Colorado Revised Statutes, 1990 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW SECTION to read:
361100.3. Definition. AS
USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "MINERAL RESOURCES" MEANS
THOSE COMMODITIES SUBJECT TO REGULATION UNDER ARTICLES 32, 32.5,
33, AND 60 OF TITLE 34, C.R.S., INCLUDING BUT NOT LIMITED TO OIL,
GAS, COAL, SAND, GRAVEL, AND OTHER MINERALS.
SECTION 2. 361101.5,
Colorado Revised Statutes, 1990 Repl. Vol., is amended to read:
361101.5. Appointment of
members duties. (1) The
state board of land commissioners shall be composed of three
FIVE members appointed by the governor, with the consent of the
senate, who shall have the direction,
control, and disposition of the public lands of the state. One
of such members shall, at the time of his appointment, be designated
as president of the board; one of such members shall, at the time
of his appointment, be designated as register of the board; and
the third member of said board shall, at the time of his appointment,
be designated as the engineer of the board and shall always be
professionally a civil engineer who, for at least five years,
has been actively engaged in the practice of his profession. Successors
to the present members of the board shall each be appointed for
a term of six years. ONE OF WHOM
SHALL BE ELECTED BY THE BOARD AS ITS PRESIDENT. THE BOARD SHALL
MEET AT LEAST ONCE EVERY MONTH.
(2) THE GOVERNOR SHALL ENDEAVOR TO APPOINT
MEMBERS OF THE BOARD WHO RESIDE IN DIFFERENT GEOGRAPHIC REGIONS
OF THE STATE. Not more than two
THREE members of the board may be of ANY one major political party.
and the third member shall be a member
of the other major political party.
THE BOARD SHALL BE COMPOSED OF:
(a) ONE PERSON WITH SUBSTANTIAL EXPERIENCE
IN PRODUCTION AGRICULTURE;
(b) ONE PERSON WITH SUBSTANTIAL EXPERIENCE
IN PUBLIC PRIMARY OR SECONDARY EDUCATION;
(c) ONE PERSON WITH SUBSTANTIAL EXPERIENCE
IN LOCAL GOVERNMENT AND LAND USE PLANNING;
(d) ONE PERSON WITH SUBSTANTIAL EXPERIENCE
IN NATURAL RESOURCE CONSERVATION; AND
(e) ONE CITIZEN AT LARGE.
(3) (a) THE TERM OF EACH MEMBER SHALL
BE FOR FOUR YEARS. NO MEMBER SHALL SERVE MORE THAN TWO CONSECUTIVE
TERMS. MEMBERS OF THE BOARD SHALL BE SUBJECT TO REMOVAL, AND VACANCIES
ON THE BOARD SHALL BE FILLED, AS PROVIDED IN SECTION 6 OF ARTICLE
IV OF THE STATE CONSTITUTION.
(b) THE TERMS OF OFFICE OF THE MEMBERS
OF THE BOARD APPOINTED PRIOR TO THE EFFECTIVE DATE OF SUBSECTION
(3) OF SECTION 9 OF ARTICLE IX OF THE STATE CONSTITUTION SHALL
EXPIRE UPON THE CONFIRMATION OF THE APPOINTMENT OF THE FIRST THREE
MEMBERS OF THE FIRST BOARD APPOINTED PURSUANT TO SUBSECTION (3)
OF SECTION 9 OF ARTICLE IX OF THE STATE CONSTITUTION. THE PROVISIONS
OF PARAGRAPH (a) OF THIS SUBSECTION (3) NOTWITHSTANDING, THE TERMS
OF THE FIRST BOARD MEMBERS APPOINTED PURSUANT TO THIS SUBSECTION
(3) SHALL BE AS FOLLOWS:
(I) TWO MEMBERS SHALL BE APPOINTED FOR
TERMS THAT EXPIRE JUNE 30, 1999;
(II) THREE MEMBERS SHALL BE APPOINTED
FOR TERMS THAT EXPIRE JUNE 30, 2001.
(c) PARAGRAPH (b) OF THIS SUBSECTION (3)
AND THIS PARAGRAPH (c) ARE REPEALED, EFFECTIVE JUNE 30, 2002.
(4) THE MEMBERS OF THE STATE BOARD OF
LAND COMMISSIONERS SHALL NOT, BY VIRTUE OF THEIR APPOINTMENT,
BE EMPLOYEES OF THE STATE. THE BOARD MEMBERS SHALL BE REIMBURSED
FOR THEIR REASONABLE AND NECESSARY EXPENSES AND RECEIVE PER DIEM
OF FIFTY DOLLARS PER DAY FOR EACH DAY THE MEMBER ATTENDS A BOARD
MEETING, SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY FROM
THE INCOME FROM THE TRUST LANDS.
(5) THE INDIVIDUAL MEMBERS OF THE STATE
BOARD OF LAND COMMISSIONERS SHALL HAVE NO PERSONAL LIABILITY FOR
ANY ACTION OR FAILURE TO ACT AS LONG AS SUCH ACTION OR FAILURE
TO ACT DOES NOT INVOLVE WILLFUL OR INTENTIONAL MALFEASANCE OR
GROSS NEGLIGENCE.
(6) (a) THE PEOPLE OF THE STATE OF
COLORADO HAVE RECOGNIZED IN SECTION 10 OF ARTICLE IX OF THE STATE
CONSTITUTION THAT THE STATE SCHOOL LANDS ARE AN ENDOWMENT OF LAND
ASSETS HELD IN A PERPETUAL, INTERGENERATIONAL PUBLIC TRUST FOR
THE SUPPORT OF PUBLIC SCHOOLS, WHICH SHOULD NOT BE SIGNIFICANTLY
DIMINISHED; THAT THE DISPOSITION AND USE OF SUCH LANDS SHOULD
THEREFORE BENEFIT PUBLIC SCHOOLS INCLUDING LOCAL SCHOOL DISTRICTS;
AND THAT THE ECONOMIC PRODUCTIVITY OF ALL LANDS HELD IN PUBLIC
TRUST IS DEPENDENT ON SOUND STEWARDSHIP, INCLUDING PROTECTING
AND ENHANCING THE BEAUTY, NATURAL VALUES, OPEN SPACE, AND WILDLIFE
HABITAT THEREOF, FOR THIS AND FUTURE GENERATIONS. IN RECOGNITION
OF THESE PRINCIPLES, THE STATE BOARD OF LAND COMMISSIONERS SHALL
BE GOVERNED BY THE STANDARDS SET FORTH IN SECTION 10 OF ARTICLE
IX OF THE STATE CONSTITUTION IN THE DISCHARGE OF ITS FIDUCIARY
OBLIGATIONS, IN ADDITION TO OTHER LAWS GENERALLY APPLICABLE TO
TRUSTEES.
(b) THE STATE BOARD OF LAND COMMISSIONERS
SHALL SERVE AS THE TRUSTEE FOR THE LANDS GRANTED TO THE STATE
IN PUBLIC TRUST BY THE FEDERAL GOVERNMENT, LANDS ACQUIRED IN LIEU
THEREOF, AND ADDITIONAL LANDS HELD BY THE BOARD IN PUBLIC TRUST.
THE BOARD SHALL HAVE THE DUTY TO MANAGE, CONTROL, ENCUMBER, AND
DISPOSE OF SUCH LANDS IN ACCORDANCE WITH THE PURPOSES FOR WHICH
SAID GRANTS OF LAND WERE MADE AND SECTION 10 OF ARTICLE IX OF
THE STATE CONSTITUTION, AND SUBJECT TO SUCH TERMS AND CONDITIONS
CONSISTENT THEREWITH AS MAY BE PRESCRIBED BY LAW.
(c) IT SHALL BE THE DUTY OF THE STATE
BOARD OF LAND COMMISSIONERS TO PROVIDE FOR THE PRUDENT MANAGEMENT,
LOCATION, PROTECTION, SALE, EXCHANGE, OR OTHER DISPOSITION OF
ALL LANDS HERETOFORE, OR WHICH MAY HEREAFTER BE, HELD BY THE BOARD
AS TRUSTEE PURSUANT TO SUBSECTION (6) OF SECTION 9 OF ARTICLE
IX OF THE STATE CONSTITUTION, IN ORDER TO PRODUCE A REASONABLE
AND CONSISTENT INCOME OVER TIME. THE STATE BOARD OF LAND COMMISSIONERS
SHALL PROTECT AND ENHANCE THE LONGTERM PRODUCTIVITY AND
SOUND STEWARDSHIP OF THE TRUST LANDS HELD BY THE BOARD.
(d) THE STATE BOARD OF LAND COMMISSIONERS
SHALL MANAGE THE DEVELOPMENT AND UTILIZATION OF NATURAL RESOURCES
ON STATE LANDS IN A MANNER WHICH WILL CONSERVE THE LONGTERM
VALUE OF SUCH RESOURCES, AS WELL AS EXISTING AND FUTURE USES,
AND IN ACCORDANCE WITH STATE AND LOCAL LAWS AND REGULATIONS.
SECTION 3. 361102
(1) and (2), Colorado Revised Statutes, 1990 Repl. Vol., are amended
to read:
361102. Employees
director bonds report. (1) (a) The
state board of land commissioners is
authorized to employ SHALL HIRE,
pursuant to section 13 of article XII of the state constitution
AND WITH THE CONSENT OF THE GOVERNOR, A DIRECTOR, AND, THROUGH
THE DIRECTOR, SHALL EMPLOY an office force. THE DIRECTOR SHALL,
SUBJECT TO THE GENERAL POLICIES OF THE STATE BOARD OF LAND COMMISSIONERS,
HAVE ADMINISTRATIVE DIRECTION OVER THE ACTIVITIES OF THE STATE
BOARD OF LAND COMMISSIONERS. THE STATE BOARD OF LAND COMMISSIONERS
MAY CONTRACT FOR OFFICE SPACE, ACQUIRE EQUIPMENT AND SUPPLIES,
AND ENTER INTO CONTRACTS AS NECESSARY TO ACCOMPLISH ITS DUTIES.
(b) It is the duty of the register
DIRECTOR to keep the records of the state board of land commissioners;
to make out and countersign all patents and leases issued by the
board to purchasers and lessees of state lands, and keep a suitable
record of the same; to file and preserve bonds of lessees and
those given by purchasers to secure deferred payments; to make
and deliver to purchasers a suitable certificate of purchase;
to have the custody of the seal of the state board of land commissioners;
to keep the minutes of the board; to receive all moneys from
the deputy register collected by
such officer on account of the state
board of land commissioners, and to pay them over to the state
treasurer, as prescribed by law; and
in the absence of the deputy register to receipt for and receive
all moneys payable to the state board of land commissioners;
and to perform such other duties concerning the land affairs of
the state as the said board may direct.
(2) It is
also the duty of the register in all contested cases, at the direction
of the board, when hearings are necessary and witnesses may be
required to be examined, to set a date for hearing such cases.
The register shall duly advise the contestants and their accredited
attorneys of the date set for such hearings, and on the date appointed
the register is empowered to administer oaths and to hear and
receive evidence in the manner and procedure established by the
United States in the district land offices, or in accordance with
the rules that are adopted by the board governing such cases.
All evidence given and provided in such cases before the register
shall be fully transcribed and arranged at the cost of the parties
to the contest and shall form a part of the records of the office
of the state board of land commissioners. The register shall,
as soon as convenient after such hearings, present a full transcript
of the proceedings to the state board of land commissioners, which
shall render a decision in accordance therewith.
SECTION 4. 361103,
Colorado Revised Statutes, 1990 Repl. Vol., is repealed as follows:
361103. Deputy register
duties bond. It
is the duty of the deputy register to receipt and account for
all moneys payable to the state board of land commissioners, and
the deputy register shall pay the same over to the register daily.
The deputy register shall give a good and sufficient surety bond,
the cost of which shall be paid by the state, to be approved by
the state board of land commissioners, for the faithful performance
of the duties pertaining to that position, in the amount of thirty
thousand dollars. The deputy register shall perform such other
duties as may be prescribed by the state board of land commissioners.
SECTION 5. 361104
(1), Colorado Revised Statutes, 1990 Repl. Vol., is amended to
read:
361104. Deed execution
copy of record. (1) The
governor is authorized, and, in case of his absence or inability,
the lieutenant governor is authorized, to execute a good and sufficient
deed or patent of conveyance transferring any lands which may
be ordered sold or which shall be sold and disposed of by the
state board of land commissioners under the statutes of this state.
Such deed or patent shall be attested by the secretary of state,
countersigned by the register
DIRECTOR OF THE STATE BOARD OF LAND COMMISSIONERS, and have the
great seal of the state and the seal of the state board of land
commissioners thereto attached, but need not be acknowledged.
A certified copy of the record of any such deed or patent shall
be receivable in evidence in all courts of record in this state,
the same as the original.
SECTION 6. 361106,
Colorado Revised Statutes, 1990 Repl. Vol., is repealed as follows:
361106. Appraisers' reports.
Appraisers shall make stated written
reports of their work to the state board of land commissioners
and such special reports as may be required from time to time.
Such reports shall be made upon suitable uniform blanks to be
provided by the board for such purpose wherein shall be set forth
the legal description, general character and adaptability, and
estimated value of each of the several pieces, parcels, or tracts
of land embraced in any such report, together with such other
useful information as may be required by the board.
SECTION 7. Article
1 of title 36, Colorado Revised Statutes, 1990 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
361107.5. Longterm
stewardship trust nomination. (1) IN
ORDER TO FULFILL THE MANDATE OF SECTION 10 (1) (b) (I) OF ARTICLE
IX OF THE STATE CONSTITUTION, THE STATE BOARD OF LAND COMMISSIONERS
SHALL, THROUGH A STATEWIDE PUBLIC NOMINATION PROCESS, ESTABLISH
A LONGTERM STEWARDSHIP TRUST OF UP TO THREE HUNDRED THOUSAND
ACRES OF LAND THAT THE STATE BOARD OF LAND COMMISSIONERS DETERMINES
TO BE VALUABLE PRIMARILY TO PRESERVE LONGTERM BENEFITS AND
RETURNS TO THE STATE AND TO BE HELD AND MANAGED TO MAXIMIZE OPTIONS
FOR CONTINUED STEWARDSHIP, PUBLIC USE, OR FUTURE DISPOSITION.
IN HOLDING SUCH LANDS IN TRUST, THE STATE BOARD OF LAND COMMISSIONERS
SHALL PERMIT ONLY THOSE USES THAT WILL PROTECT AND ENHANCE THE
BEAUTY, NATURAL VALUES, OPEN SPACE, AND WILDLIFE HABITAT OF THOSE
LANDS; EXCEPT THAT ANY SUCH RESTRICTIONS ON USE NEED NOT NECESSARILY
PRECLUDE EXISTING USES OR MANAGEMENT PRACTICES INCLUDING BUT NOT
LIMITED TO MINERAL RESOURCES, AGRICULTURAL, AND GRAZING USES.
(2) (a) THE STATE BOARD OF LAND COMMISSIONERS
SHALL PROVIDE WRITTEN NOTIFICATION OF ANY LANDS UNDER CONSIDERATION
TO BE SELECTED FOR THE LONGTERM STEWARDSHIP TRUST TO ANY
PRESENT LESSEES WITH INTEREST IN SUCH LANDS AND THE BOARD OF COUNTY
COMMISSIONERS, IF SUCH LANDS ARE LOCATED WITHIN THE UNINCORPORATED
PORTION OF A COUNTY, THE MUNICIPAL GOVERNING BODY, IF SUCH LANDS
ARE LOCATED WITHIN AN INCORPORATED MUNICIPALITY, OR BOTH THE BOARD
OF COUNTY COMMISSIONERS AND THE MUNICIPAL GOVERNING BODY, IF SUCH
LANDS ARE LOCATED WITHIN THREE MILES OF ANY INCORPORATED MUNICIPALITY.
(b) IN SUCH NOTIFICATION, THE STATE BOARD
OF LAND COMMISSIONERS SHALL REQUEST THE LOCAL GOVERNING BODY OR
BODIES TO COMMENT ON WHETHER EXISTING USES AND MANAGEMENT PRACTICES
ARE IN COMPLIANCE WITH VALID LOCAL LAND USE REGULATIONS AND LAND
USE PLANS AS REQUIRED IN SECTION 10 (1) (c) OF ARTICLE IX OF THE
STATE CONSTITUTION. THE STATE BOARD OF LAND COMMISSIONERS SHALL
FURTHER REQUEST IN SUCH NOTIFICATION THAT, WITHIN FORTYFIVE
DAYS AFTER RECEIPT OF THE NOTIFICATION, THE LOCAL GOVERNING BODY
OR BODIES PROVIDE COMMENT TO THE STATE BOARD OF LAND COMMISSIONERS
ON WHETHER THE SELECTION IS IN ACCORDANCE WITH THE PROVISIONS
OF ARTICLE IX OF THE STATE CONSTITUTION.
(c) IN THE NOTIFICATION, THE STATE BOARD
OF LAND COMMISSIONERS SHALL ALSO REQUEST THAT THE LOCAL GOVERNING
BODY OR BODIES MAY ALSO INCLUDE IN ITS ASSESSMENT AND RESPONSE
ANY OTHER FACTORS THE LOCAL GOVERNING BODY OR BODIES DETERMINE
ARE RELEVANT FOR THE CONSIDERATION OF LANDS FOR THE LONGTERM
STEWARDSHIP TRUST, INCLUDING THE CRITERIA SET FORTH IN SECTION
361105.7 AND IN SECTIONS 9 AND 10 OF ARTICLE IX OF
THE STATE CONSTITUTION.
(d) IF THE STATE BOARD OF LAND COMMISSIONERS'
STAFF RECOMMENDATION IS IN CONFLICT WITH THE ASSESSMENT OF THE
GOVERNING BODY OR BODIES, THE STATE BOARD OF LAND COMMISSIONERS
SHALL SUBMIT A WRITTEN RESPONSE, BY CERTIFIED MAIL, TO THE APPROPRIATE
GOVERNING BODY OR BODIES AT LEAST FOURTEEN DAYS BEFORE MAKING
A FINAL DECISION ON A SELECTION OF LANDS ON WHICH THE LOCAL GOVERNING
BODY OR BODIES HAVE PROVIDED WRITTEN COMMENT.
(3) THE STATE BOARD OF LAND COMMISSIONERS
SHALL DEVELOP AND IMPLEMENT A STATEWIDE PUBLIC NOMINATING PROCESS
FOR LANDS TO BE INCLUDED IN THE LONGTERM STEWARDSHIP TRUST
ESTABLISHED PURSUANT TO SUBSECTIONS (1) AND (2) OF THIS SECTION.
USING THIS PROCESS, THE STATE BOARD OF LAND COMMISSIONERS SHALL
DESIGNATE AT LEAST TWO HUNDRED THOUSAND ACRES OF LAND TO BE PART
OF THE LONGTERM STEWARDSHIP TRUST ON OR BEFORE JANUARY 1,
1999, AND SHALL DESIGNATE AT LEAST AN ADDITIONAL NINETYFIVE
THOUSAND ACRES ON OR BEFORE JANUARY 1, 2001.
(4) IN SELECTING AND LOCATING LANDS FOR
INCLUSION IN THE LONGTERM STEWARDSHIP TRUST, THE STATE BOARD
OF LAND COMMISSIONERS SHALL MAKE ITS DETERMINATION BASED ON CRITERIA
AND REQUIREMENTS SET FORTH IN SECTION 10 OF ARTICLE IX OF THE
STATE CONSTITUTION, INCLUDING THE PROVISION SPECIFYING THAT THE
USE OF LAND IN THE LONGTERM STEWARDSHIP TRUST SHALL COMPLY
WITH VALID LOCAL LAND USE REGULATIONS AND LAND USE PLANS.
(5) THE STATE BOARD OF LAND COMMISSIONERS
MAY REMOVE SPECIFIC PARCELS OF LAND FROM THE LONGTERM STEWARDSHIP
TRUST ONLY UPON THE AFFIRMATIVE VOTE OF FOUR MEMBERS OF THE STATE
BOARD OF LAND COMMISSIONERS AND UPON THE DESIGNATION OR EXCHANGE
OF AN EQUAL OR GREATER AMOUNT OF ADDITIONAL LAND INTO SAID TRUST.
(6) PRIOR TO THE INCLUSION OF ANY LAND
IN THE LONGTERM STEWARDSHIP TRUST, THE STATE BOARD OF LAND
COMMISSIONERS SHALL CONSULT EXISTING PUBLISHED INFORMATION CONCERNING
THE AGRICULTURAL AND MINERAL RESOURCES POTENTIAL OF SAID LAND,
INCLUDING MASTER PLANS DEVELOPED UNDER SECTION 341304,
C.R.S. IF INFORMATION AS TO AGRICULTURAL AND MINERAL RESOURCE
POTENTIAL IS INADEQUATE, THE BOARD SHALL OBTAIN AN INVENTORY OF
THE MINERAL RESOURCES POTENTIAL OF SAID LAND FIRST FROM THE COLORADO
GEOLOGICAL SURVEY, OR, IF THE COLORADO GEOLOGICAL SURVEY IS UNABLE
TO COMPLETE SUCH INVENTORY, FROM AN ENTITY OF EQUIVALENT CREDIBILITY.
IF SUCH INVENTORY IS NOT COMPLETED WITHIN ONE YEAR AFTER THE REQUEST
BY THE STATE BOARD OF LAND COMMISSIONERS OR IS NOT COMPLETED PRIOR
TO THE DEADLINE SET FORTH IN SECTION 10 OF ARTICLE IX OF THE STATE
CONSTITUTION, THE INCLUSION OF SUCH LAND IN THE LONGTERM
STEWARDSHIP TRUST MAY PROCEED.
SECTION 8. 361111,
Colorado Revised Statutes, 1990 Repl. Vol., is repealed as follows:
361111. Land appraisers.
The state board of land commissioners
shall appoint, pursuant to section 13 of article XII of the state
constitution, such appraisers of state lands as are necessary.
The appraisers shall be under the direction of the state board
of land commissioners. There shall be appropriated a sufficient
sum per annum for the purpose of defraying the expenses of the
appraisers when visiting the different portions of the state in
the discharge of their duties.
SECTION 9. 361112
(2), Colorado Revised Statutes, 1990 Repl. Vol., as amended, is
amended to read:
361112. Fees disposition
of fees. (2) All moneys collected
by the state board of land commissioners for fees collected as
specified in subsection (1) of this section shall be deposited
by the register
DIRECTOR of the state board of land commissioners with the state
treasurer for credit as provided in section 361148.
SECTION 10. Article
1 of title 36, Colorado Revised Statutes, 1990 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
361112.5. Fiscal impact
study. PRIOR TO THE LEASE, SALE, OR EXCHANGE
OF ANY LANDS FOR COMMERCIAL, RESIDENTIAL, OR INDUSTRIAL DEVELOPMENT,
THE STATE BOARD OF LAND COMMISSIONERS SHALL DETERMINE THAT THE
INCOME FROM THE PROPOSED LEASE, SALE, OR EXCHANGE CAN REASONABLY
BE ANTICIPATED TO EXCEED THE FISCAL IMPACT OF SUCH DEVELOPMENT
ON LOCAL SCHOOL DISTRICTS AND STATE FUNDING OF EDUCATION FROM
INCREASED SCHOOL ENROLLMENT ASSOCIATED WITH SUCH DEVELOPMENT.
WHEN DETERMINING THE FISCAL IMPACT OF THE PROPOSED LEASE, SALE,
OR EXCHANGE OF ANY LAND THAT IS A PART OF ANY MINING OPERATION,
THE STATE BOARD OF LAND COMMISSIONERS SHALL CONSIDER THE FISCAL
AND OTHER BENEFITS TO THE LOCAL SCHOOL DISTRICTS FROM THE DEVELOPMENT
OF THE ENTIRE OPERATION.
SECTION 11. 361113
(1), Colorado Revised Statutes, 1990 Repl. Vol., is amended, and
the said 361113 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:
361113. Leases rental
mineral resources lands. (1) The
state board of land commissioners may lease any portion of the
land of the state at a rental to be determined by it, except as
provided in sections 361118 and 361147.
The lessee shall pay the annual rental to the state board of land
commissioners, who shall receipt for the same in the lease. Upon
receiving such annual rental, the board shall transmit the same
to the state treasurer, as provided by law, and take his receipt
therefor. If geothermal resources or stone,
coal, oil, gas, or other minerals not mentioned in this section
MINERAL RESOURCES are found upon the state land, such land may
be leased for the purpose of obtaining
REMOVING therefrom the geothermal
resource or stone, coal, oil, gas, or other minerals
SUCH RESOURCES, for such length of time and conditioned upon the
payment to the board of such royalty upon the product as the state
board of land commissioners may determine.
(3) (a) (I) AS USED IN THIS SUBSECTION
(3), "LOGICAL MINING AREA" MEANS AN AREA OF LAND IN
WHICH METALLIC AND INDUSTRIAL MINERALS, CONSTRUCTION MATERIALS,
OR COAL RESOURCES CAN BE DEVELOPED IN AN EFFICIENT, ECONOMICAL,
AND ORDERLY MANNER AS AN INTEGRATED OPERATION WITH DUE REGARD
TO CONSERVATION OF SUCH RESOURCES. A LOGICAL MINING AREA MAY CONSIST
OF STATE LANDS INCLUDING ONE OR MORE STATE SURFACE OR MINERAL
LEASES, OR BOTH SUCH TYPES OF LEASES, AND MAY INCLUDE LANDS OWNED
BY OTHER PERSONS OR ENTITIES.
(II) AS USED IN THIS SUBSECTION (3), AOIL
AND GAS UNIT@
MEANS A FEDERAL EXPLORATORY UNIT PURSUANT TO UNIT PLAN REGULATIONS
UNDER 43 C.F.R. 3160, UNIT OPERATIONS UNDER SECTION 3460118,
C.R.S., OR DRILLING AND SPACING UNITS AND POOLING OF INTERESTS
UNDER SECTION 3460116, C.R.S. AN OIL AND GAS UNIT
MAY CONSIST OF STATE LANDS INCLUDING ONE OR MORE STATE SURFACE
OR MINERAL LEASES, OR BOTH SUCH TYPES OF LEASES, AND MAY INCLUDE
LANDS OWNED BY OTHER PERSONS OR ENTITIES.
(b) WITH RESPECT TO ALL SURFACE AND MINERAL
LANDS, OR BOTH, INCLUDED IN WHOLE OR IN PART IN A LOGICAL MINING
AREA FOR THOSE OPERATIONS PERMITTED UNDER ARTICLE 32, 32.5, OR
33 OF TITLE 34, C.R.S., AS OF JULY 1, 1997, OR, IN AN OIL AND
GAS UNIT ESTABLISHED UNDER APPLICABLE FEDERAL OR STATE LAW AS
OF JULY 1, 1997, NOTHING IN THIS ARTICLE SHALL PRECLUDE THE STATE
BOARD OF LAND COMMISSIONERS FROM ISSUING A NEW LEASE, RENEWING
AN EXISTING LEASE, OR ISSUING A LEASE EXTENSION CONSISTENT WITH
ARTICLE IX OF THE STATE CONSTITUTION TO FACILITATE THE COMPLETE
AND ORDERLY DEVELOPMENT AND RECLAMATION OF SUCH MINING OPERATIONS
OR OF SUCH OIL AND GAS OPERATIONS.
(c) (I) WHEN THE STATE BOARD OF LAND
COMMISSIONERS CONSIDERS WHETHER A LEASE FOR SUCH LAND INCLUDED
IN A LOGICAL MINING AREA OR IN AN OIL AND GAS UNIT ESTABLISHED
UNDER APPLICABLE FEDERAL OR STATE LAW AS OF JULY 1, 1997, SHOULD
BE ISSUED, RENEWED, OR EXTENDED TO ACCOMPLISH THE ORDERLY DEVELOPMENT
AND RECLAMATION OF A LOGICAL MINING AREA OR TO CONDUCT OIL AND
GAS OPERATIONS, THE STATE BOARD OF LAND COMMISSIONERS SHALL SPECIFICALLY
CONSIDER IN MAKING ITS FINDINGS:
(A) WHETHER THE BENEFIT TO THE TRUST,
INCLUDING THE CURRENT OR PROPOSED INCOME PRODUCED FROM THE MINING
OR OIL AND GAS OPERATION, IS OUTWEIGHED BY CURRENT OR PROPOSED
USES OTHER THAN THE MINING OR OIL AND GAS OPERATION; AND
(B) WHETHER THE MINING OR OIL AND GAS
OPERATION IS INCOMPATIBLE WITH CURRENT OR PROPOSED USES.
(II) NOTHING IN THIS SECTION SHALL AFFECT
THE OBLIGATION OF ANY LESSEE FROM COMPLYING WITH ANY FEDERAL,
STATE, OR LOCAL LAW, RULE, CODE, OR REGULATION.
SECTION 12. 361114,
Colorado Revised Statutes, 1990 Repl. Vol., is amended to read:
361114. Adjustment of rentals.
The state board of land commissioners
has the direction, control, and disposition of the public lands
of the state as provided for in section 9 of article IX of the
state constitution, and When, in
its opinion conditions justify, THE STATE BOARD OF LAND COMMISSIONERS
has the power to adjust rentals under any existing, expired, or
defaulted lease on state lands in a manner to secure
the maximum possible revenue as provided for in section 10 of
article IX of the state constitution,
COMPLY WITH THE REQUIREMENTS OF SECTIONS 9 AND 10 OF ARTICLE IX
OF THE STATE CONSTITUTION and may accept payments on delinquent
rentals in accordance with such adjustments.
SECTION 13. 361117,
Colorado Revised Statutes, 1990 Repl. Vol., is amended to read:
361117. Leases, rentals
payable in advance. All leases of state
or school land shall be conditioned upon the payment of rent in
advance, and the violation of this condition shall work a forfeiture
of the lease, at the option of the state board of land commissioners,
after thirty days' notice to the lessees. Notice shall be sent
to the lastknown post office address of the lessee, as given
by himself to the register
THE LESSEE TO THE DIRECTOR of the state board of land commissioners.
SECTION 14. 361118,
Colorado Revised Statutes, 1990 Repl. Vol., is amended BY THE
ADDITION OF A NEW SUBSECTION to read:
361118. Terms of leasing
agricultural lands renewals sale of leased land.
(1.5) IN ENTERING INTO LEASE AGREEMENTS FOR AGRICULTURAL
USE OF ANY LAND OF THE STATE, THE STATE BOARD OF LAND COMMISSIONERS
SHALL INCLUDE IN SUCH LEASES TERMS, INCENTIVES, AND LEASE RATES
THAT WILL PROMOTE SOUND STEWARDSHIP AND LAND MANAGEMENT PRACTICES,
LONGTERM AGRICULTURAL PRODUCTIVITY, AND COMMUNITY STABILITY.
SECTION 15. 361120,
Colorado Revised Statutes, 1990 Repl. Vol., is amended to read:
361120. Leases lands
in city limits. Lands within city boundaries
may be leased for a term not exceeding fifty years. All
such leased lands shall be reappraised and classified at least
every five years, and the lessee of all such lands shall pay any
increased rental or forfeit the land so held. When any lease expires
by limitation the holder thereof may renew the same in the following
manner: At any time within the ninety days next preceding the
expiration of the lease, the lessee, or his assigns, shall notify
the register of his desire to renew the lease. If the lessee and
the state board of land commissioners agree as to the valuation
of the land, a new lease may be issued, bearing even date with
the expiration of the old one, and upon like conditions. The former
valuation shall not be decreased without the consent of the state
board of land commissioners. Nothing in this section shall prohibit
the state board of land commissioners from leasing any of the
state lands to such party who secures to the state the greatest
annual revenue. The state board of land commissioners may, in
its discretion, offer the land for sale at the end of any period
of five years, upon the application of the lessee, during the
term of the lease, upon the same terms and in the same manner
as though the lease had not been executed.
SECTION 16. 361120.5
(1), Colorado Revised Statutes, 1990 Repl. Vol., is amended to
read:
361120.5. Land subject
to development leases. (1) The
general assembly hereby finds and declares that some of the public
lands under the direction, control, and disposition of the state
board of land commissioners are within the path of impending development
and therefore are of unique economic value to the state for the
funding of public schools. The general assembly recognizes that
the state board of land commissioners needs flexibility to manage
such lands so as to realize
the maximum amount of return from
such lands COMPLY WITH THE REQUIREMENTS
OF SECTIONS 9 AND 10 OF ARTICLE IX OF THE STATE CONSTITUTION,
to prevent undue speculation by others on public lands under the
control of the state board of land commissioners, and to protect
the public's interest in such lands.
SECTION 17. 361121
(2), Colorado Revised Statutes, 1990 Repl. Vol., is amended to
read:
361121. Trespass
penalty bond. (2) In
each case, where a bond has been furnished to the state board
of land commissioners, the bondsmen
SURETY of the lessee shall be equally liable with himself
THE LESSEE, and, in addition to the foregoing penalty, the state
shall be allowed to collect as rental for the use of such lands
a sum equal to the appraised value thereof for rental purposes,
as fixed by the state board of land commissioners. and
which value shall not be less than five cents per acre per annum.
All suits under the provisions of this article shall be instituted
under the direction of the attorney general, in the name of the
people of the state of Colorado.
SECTION 18. 361122,
Colorado Revised Statutes, 1990 Repl. Vol., is amended to read:
361122. Platting and sale
in lots and blocks. The state board of
land commissioners may cause any portion of the state or school
lands to be laid out in lots and blocks or other tracts by a recorded
plat to be sold from time to time
at public auction in such quantities and at such times as shall
enable the state to realize the best prices for such lands.
AT PUBLIC AUCTION OR EXCHANGED.
SECTION 19. 361123,
Colorado Revised Statutes, 1990 Repl. Vol., is repealed as follows:
361123. Purchase of necessary
land by U. S. Any
state lands needed by the United States for irrigation works,
other than the rightofway for roads, bridges, canals,
ditches, tunnels, pipelines, and telephone and transmission lines,
shall be sold to the United States at a price not less than three
dollars and fifty cents per acre, and without advertising or offering
the same at public auction, and the state board of land commissioners
shall direct the governor, secretary of state, and register to
execute and sign, as provided in this article, on behalf of the
state, a proper deed or other instrument of writing for such lands.
SECTION 20. 361124
(1) and (2), Colorado Revised Statutes, 1990 Repl. Vol., are amended,
and the said 361124 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:
361124. Sale of state lands.
(1) The state board of land commissioners may at any
time direct the sale of any state lands, except as provided in
this article, in such parcels as they
THE BOARD shall deem PROPER. for the
best interest of the state and the promotion of the settlement
thereof. No lands belonging to the state, within the areas to
be irrigated from works constructed or controlled by the United
States or its duly authorized agents, shall on or after March
31, 1919, be sold except in conformity with the classification
of farm units by the United States. After the withdrawal of lands
by the United States for any irrigation project, no application
for the purchase of state lands within the limits of such withdrawal
shall be accepted, except upon the conditions prescribed in this
section. All sales under this article,
except those to the United States, shall be advertised in four
consecutive issues of some weekly paper of the county in which
such land is situated, if there is such paper, and, if not, then
in some paper published in an adjoining county and in such other
papers as the board may direct.
(2) The advertisement shall state the
time, place, and terms of sale and the minimum price fixed by
the board for each parcel, lot, block, or tract below which no
bid shall be received. In all cases
the land shall be offered in parcels, lots, blocks, or tracts
consisting of not more than one section of land. Sales of state
land shall be made only to citizens of the United States or to
those who have declared their intention to become such, or to
corporations organized under the statutes of the state or under
the statutes of any other state in the United States, or under
United States statutes, or to partnerships composed of persons
who are either citizens of the United States or have declared
their intention to become such; and
All patents and certificates of purchase issued before March 31,
1919, to such persons, entities, or
partnerships are validated. If any
land is sold on which authorized improvements have been made by
lessees, the improvements shall be appraised under the direction
of the state board OF LAND COMMISSIONERS. When lands on which
such improvements have been made are sold, the purchasers, if
other than the owner of the improvements, shall pay the appraised
value of the improvements to the owner thereof, taking a receipt
therefor, and he
SUCH PURCHASER shall deposit such receipt with the state board
of land commissioners before he
SUCH PURCHASER is entitled to a patent or certificate of purchase.
All such receipts shall be filed and preserved in the office of
the state board of land commissioners.
(4) AFTER ANY LANDS ARE DESIGNATED AS
BEING INCLUDED AS PART OF THE LONGTERM STEWARDSHIP TRUST
ESTABLISHED IN SECTION 361107.5, THE STATE BOARD OF
LAND COMMISSIONERS SHALL NOT PROCEED WITH THE SALE OR EXCHANGE
OF ANY LANDS SO DESIGNATED UNLESS SUCH LANDS ARE FIRST REMOVED
FROM THE TRUST PURSUANT TO SECTION 361107.5.
SECTION 21. Article
1 of title 36, Colorado Revised Statutes, 1990 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
361124.5. Nonsimultaneous
exchanges of state trust lands fund.
(1) THE STATE BOARD OF LAND COMMISSIONERS SHALL HAVE
THE AUTHORITY TO UNDERTAKE NONSIMULTANEOUS EXCHANGES OF LAND.
FOR THE PURPOSES OF SECTION 2241101 (2), C.R.S., PROCEEDS
OF LAND SOLD OR OTHERWISE DISPOSED AS PART OF A NONSIMULTANEOUS
TRANSFER PURSUANT TO THIS SECTION ARE NOT PART OF THE DESIGNATED
TRUST FUND UNTIL THE NONSIMULTANEOUS TRANSFER IS COMPLETED PURSUANT
TO SUBSECTION (4) OF THIS SECTION.
(2) ALL REVENUES DERIVED FROM THE SALE
OR OTHER DISPOSITION OF STATE TRUST LAND THAT IS DESIGNATED BY
THE STATE BOARD OF LAND COMMISSIONERS AS BEING PART OF A NONSIMULTANEOUS
EXCHANGE SHALL BE TRANSMITTED BY THE DIRECTOR OF THE STATE BOARD
OF LAND COMMISSIONERS TO THE STATE TREASURER, WHO SHALL CREDIT
THE SAME TO A SEPARATE ACCOUNT IN THE NONSIMULTANEOUS STATE TRUST
LAND EXCHANGE CASH FUND, WHICH FUND IS HEREBY CREATED. ALL INTEREST
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE FUND
SHALL BE CREDITED TO THE APPROPRIATE ACCOUNT IN THE FUND. MONEYS
HELD IN THE FUND SHALL NOT BE USED FOR THE OPERATING EXPENSES
OF THE BOARD OR FOR EXPENSES INCIDENT TO THE DISPOSITION OR ACQUISITION
OF LANDS. MONEYS IN THE FUND ARE HEREBY CONTINUOUSLY APPROPRIATED
TO THE STATE BOARD OF LAND COMMISSIONERS FOR THE PURPOSES OF THIS
SECTION.
(3) LAND THAT IS DESIGNATED BY THE STATE
BOARD OF LAND COMMISSIONERS TO BE PURCHASED AT THE COMPLETION
OR PARTIAL COMPLETION OF A DESIGNATED NONSIMULTANEOUS EXCHANGE
SHALL BE PAID FOR BY MONEYS IN THE APPROPRIATE ACCOUNT IN THE
FUND.
(4) UPON A DETERMINATION BY THE STATE
BOARD OF LAND COMMISSIONERS THAT A NONSIMULTANEOUS EXCHANGE IS
COMPLETED, BUT IN ANY EVENT NO LATER THAN TWO YEARS AFTER THE
SALE OR OTHER DISPOSITION OF LAND DESIGNATED AS PART OF A NONSIMULTANEOUS
EXCHANGE, ANY MONEYS REMAINING IN A DESIGNATED ACCOUNT IN THE
FUND SHALL BE CREDITED BY THE STATE TREASURER TO THE TRUST FUND
MAINTAINED BY THE STATE TREASURER FOR THE PROCEEDS OF THE TRUST
LANDS DISPOSED OF OR SOLD.
SECTION 22. 361125,
Colorado Revised Statutes, 1990 Repl. Vol., is amended to read:
361125. Reservations of
rights on sale. (1) All sales
of state lands shall be held at the state capitol unless otherwise
directed by the state board of land commissioners. The state board
of land commissioners may, in its
discretion, reserve, in the advertisement of sale of any state
or school lands, rightsofway for irrigation and drainage
ditches, canals, reservoirs, and other structures and for any
roads or highways, and it shall reserve
to the state all rights to all minerals, ores, and metals of any
kind and character, and all coal, asphaltum, oil, gas, or other
like substances in or under said
SUCH land, and all geothermal resources and the right of ingress
and egress for the purpose of mining, together with enough of
the surface of the same as may be necessary for the proper and
convenient working of such minerals and substances.
(2) All patents and certificates of purchase
on state or school lands issued before March 31, 1919, and in
which a reservation of rights to minerals, ores, and metals of
any kind or character whatsoever, or coal, asphaltum, oil, gas,
and other like substances, or geothermal resources has been made
are validated. The holders of such certificates of purchase or
the owners of said lands so patented shall by contract, deed,
or other agreement acknowledge or reconvey to the state the minerals
and substances so reserved, and the state board of land commissioners
is authorized to accept on behalf of the state such deeds and
conveyances and to make such agreements as may be necessary to
carry out the provisions of this article.
(2) (3) When
the conditions prescribed by statute have been complied with,
the state board of land commissioners shall make and deliver to
the purchaser a certificate of purchase, containing the name of
the purchaser, a description of the land purchased, the sum paid,
the amount remaining due, and the date on which each of the deferred
payments falls due, and the amount thereof. Such certificate shall
be signed by the president and countersigned by the register of
the board and a record of the same kept by him in a suitable book.
When a purchaser of any state land has complied with all the conditions
of the sale and paid all purchase money with the lawful interest
thereon, he shall receive a patent for the land purchased. The
patent shall be signed by the governor, attested by the secretary
of state, and countersigned by the register and have the great
seal of the state and the seal of the state board of land commissioners
thereto attached. When so signed, the patent shall convey title;
but All patents and certificates
of purchase issued before March 31, 1919, describing the lands
with reference to legal subdivisions shown by the United States
official survey, or by lots, blocks, or tracts shown on a recorded
plat, or by metes and bounds descriptions, are validated.
SECTION 23. 361127,
Colorado Revised Statutes, 1990 Repl. Vol., is amended to read:
361127. Forfeiture
new sale. If any purchaser of state land,
after receiving a certificate of purchase, as
provided in section 361125,
fails to make any one of the payments stipulated therein, and
the same remains unpaid for thirty days after the time when it
should have been paid, as specified in the certificate, the state
board of land commissioners, after issuing notice of forfeiture
and allowing thirty days additional to pay the indebtedness as
provided in section 361126, may sell the land again.
In the case of a sale, all previous payments made on account of
such land shall be forfeited to the state. The land shall revert
to the state and the title thereof shall be in the state as if
no sale had ever been made.
SECTION 24. 361128,
Colorado Revised Statutes, 1990 Repl. Vol., is amended to read:
361128. Place of payment
venue. All moneys due and payable
to the state board of land commissioners shall be paid at the
office of the state board of land commissioners in the state
capitol in the city and county of
Denver, Colorado, and all actions for the recovery of same, or
for the cancellation of certificates of purchase, or for the cancellation
of leases, or for the recovery of the possession of the land,
actions of forcible entry and detainer, or ejectment shall be
brought in any court of competent jurisdiction in the city and
county of Denver in the state of Colorado.
SECTION 25. 361130,
Colorado Revised Statutes, 1990 Repl. Vol., is repealed as follows:
361130. Lost certificate
of purchase. When
a certificate of purchase is lost or wrongfully withheld by any
person from the owner thereof, the state board of land commissioners
may receive evidence of such loss or wrongful detention and, upon
satisfactory proof of the fact, may cause a certificate of purchase
or patent, as the case may be, to be issued to such person as
appears to it to be the proprietor of the land described in the
original certificate of purchase.
SECTION 26. 361131,
Colorado Revised Statutes, 1990 Repl. Vol., is amended to read:
361131. State land board
hearings rules. The state board
of land commissioners may hear and determine the claims of all
persons who claim to be entitled in
whole or in part to any lands owned by this state and the decisions
of the board shall be held to be final, until set aside by a court
of competent jurisdiction. CLAIM
A LEGAL INTEREST IN THE LAND OR TRUST ADMINISTERED BY THE STATE
BOARD OF LAND COMMISSIONERS AND WHO ARE AGGRIEVED BY AN ACTION
OF THE BOARD. THE STATE BOARD OF LAND COMMISSIONERS MAY APPOINT
ONE OR MORE OF ITS MEMBERS, THE DIRECTOR, A HEARING OFFICER, OR
OTHER APPOINTEE TO RENDER AN INITIAL DECISION ON ANY MATTER BEFORE
THE BOARD. SUCH DECISION MAY BE APPEALED TO THE BOARD. ANY HEARING
OR APPEAL SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS
OF ARTICLE 4 OF TITLE 24, C.R.S.
(2) The board also
has power to establish such rules and regulations
MAY PROMULGATE SUCH RULES as in its opinion may be proper to prevent
fraudulent applications, ACCOMPLISH
ANY OF ITS DUTIES AND POWERS.
SECTION 27. 361132,
Colorado Revised Statutes, 1990 Repl. Vol., is amended to read:
361132. Lands sold subject
to taxation. All lands sold under the
provisions of this article or any interest therein shall be subject
to taxation, and the register
DIRECTOR of the state board of land commissioners shall furnish
to the county assessor of each county on May 1 of each year a
list of the equities owned or acquired in all lands so sold, to
whom sold, the price per acre, and the amount paid. Each county
shall pay the expense incurred in compiling such list.
SECTION 28. 361133,
Colorado Revised Statutes, 1990 Repl. Vol., is amended to read:
361133. Rebate of taxes
on reverted land. In case any lands sold
under the provisions of this article are reverted to the state
for any cause whatsoever, the register
DIRECTOR of the state board of land commissioners shall at once
notify the county treasurer of the county in which the land is
situated, and upon receipt of such notice it is the duty of the
county treasurer to at once rebate all taxes that have been charged
against the lands so reverted.
SECTION 29. 361136,
Colorado Revised Statutes, 1990 Repl. Vol., is amended to read:
361136. Rightsofway
granted reversion. The state board
of land commissioners may grant rightsofway across
or upon any portion of state land for any ditch, reservoir, railroad,
communication system, electric power line, pipeline, or other
installation necessary for the operation of said services or utilities
and may grant rightsofway on any tracts of state land
to any PERSON, public agency or instrumentality of the United
States, or to this state, or to any of the institutions, agencies,
counties, municipalities, districts, or other political subdivisions
of this state for the purpose of building schoolhouses or public
roads or highways or for any public
LAWFUL use or purpose. Any rightofway so granted shall
be on such terms as the board shall determine and shall be subject
to the filing fee specified in section 361112 (1)
(q). Said board may execute and sign, as provided by this article,
on behalf of this state, an instrument in writing for such rightofway
or grant. This section shall not be construed to grant authority
to said board to convey title to any such land by a grant of rightofway.
Whenever rightsofway granted for any purposes mentioned
in this section cease to be used for such purposes, the rightsofway
shall terminate, and all rights shall revert to this state or
its successors in interest.
SECTION 30. 361137
(1) and (2), Colorado Revised Statutes, 1990 Repl. Vol., are repealed
as follows:
361137. Sale of lands to
procure irrigation. (1) For
the purpose of furnishing irrigation for state lands, the state
board of land commissioners is authorized, when, in its judgment,
the interest of the state may be subserved thereby, to sell at
public sale, at such place as the board may fix, at not less than
the appraised value thereof, which in no case shall be less than
the minimum price of three dollars and fifty cents per acre, any
tract of arid land belonging to the state. Not more than onehalf
section of land shall be sold, and in alternate quarter sections,
to any responsible person, on condition that the person construct
an irrigation ditch in such locality, and of sufficient capacity
to furnish water for the entire tract, and so located that the
tract may be irrigated therefrom.
(2) Before
any of the state lands shall be offered for sale, the party desiring
to purchase the lands and construct a ditch shall enter into a
contract with the board guaranteeing to bid at least the minimum
price per acre, and to complete such ditch within given time,
fixed by the board in the contract. The contract shall further
provide that the party constructing such ditch shall furnish water
for the remaining onehalf section of the state lands at
such reasonable rates as the board and the parties holding such
ditch or canal may agree upon. Such contract shall be drawn by
the attorney general, and signed by the president and register
of the board, and by the party desiring to construct such ditch.
SECTION 31. 361138,
Colorado Revised Statutes, 1990 Repl. Vol., is amended to read:
361138. Mineral section
personnel duties. (1) (a)
The state board of land commissioners is authorized
to establish, under the jurisdiction of the register
DIRECTOR of the state board of land commissioners, a mineral section
and appoint a superintendent of the
same who shall have been a resident of the state for more than
ten years last past, who shall be a mining man of known ability
for at least ten years MINERALS DIRECTOR
WITH EXPERIENCE IN MINERAL RESOURCES PRODUCTION, MANAGEMENT, DEVELOPMENT,
OR RECLAMATION. and who shall be thoroughly
familiar with mining and the underground workings of mines.
It is the duty of the superintendent
MINERALS DIRECTOR OR SUCH DIRECTOR'S DESIGNEE OR CONTRACTOR to
inspect in person
all mines and other
works operated under leases from the state for the production
of precious metals, coal, iron, oil,
or other mineral products MINERAL
RESOURCES upon which rentals are due to the state upon a basis
of a royalty upon the production therefrom, as often from time
to time as he
THE MINERALS DIRECTOR shall deem it necessary for the purpose
of estimating and checking royalties therefrom, and keep such
maps OR OTHER INFORMATION of the workings of all mines
SUCH OPERATIONS as will give the land
department MINERALS SECTION full
information concerning the same.
(b) IN THE EVENT THE MINERALS DIRECTOR
UTILIZES A CONTRACTOR TO CONDUCT SUCH INVESTIGATION, THE COMPENSATION
TO SUCH CONTRACTOR SHALL NOT BE BASED ON THE NUMBER OR AMOUNT
OF AUDIT FINDINGS REFERRED TO THE DIRECTOR FOR ACTION.
(2) Lessees of all mineral RESOURCES lands
including coal lands,
shall be required to furnish the mineral
superintendent of this section MINERALS
DIRECTOR with copies or blueprints of all maps of underground
surveys of leased land, made or authorized by such lessee, including
engineer's field notes, certified to by the engineer who made
the survey. He
THE MINERALS DIRECTOR OR SUCH DIRECTOR'S DESIGNEE OR CONTRACTOR
shall supervise all mining
REVIEW ACTIVITIES RELATED TO MINERAL RESOURCES LEASES. and
require the same to be done in accordance with the best methods
of mining. He
THE MINERALS DIRECTOR shall also check the royalties reported
as due under such lease for the preceding month and compare the
same with the surveys and other inspections made by him
THE MINERALS DIRECTOR and shall report on
or before the twentieth day of such month
the result of such examination and checking to the DIRECTOR OF
THE state board of land commissioners. Every mine AND OIL AND
GAS OPERATION and other works upon the public
domain of the state LANDS MANAGED
BY THE STATE BOARD OF LAND COMMISSIONERS held under lease therefrom
by any person, association, partnership, or corporation shall
be at all times subject to the inspection of the superintendent
MINERALS DIRECTOR OR SUCH DIRECTOR'S DESIGNEE OR CONTRACTOR. He
THE MINERALS DIRECTOR OR THE DIRECTOR'S DESIGNEE OR CONTRACTOR
shall inspect and examine all lands held under lease from the
state, providing for the payment of royalties from the production
therefrom, and report to the DIRECTOR OF THE state board of land
commissioners the condition of said lands and the amount of work
and development done thereon by such lessees and make such recommendations
relative thereto as he
THE MINERALS DIRECTOR may deem advisable. A
further sum of one thousand dollars annually shall be allowed
the superintendent for expenses and employment of an assistant
when needed for surveys, to be paid only upon voucher approved
by the board and countersigned by the register. Before entering
upon his duties as superintendent, the appointee of the state
board of land commissioners shall give bond to the state in the
penal sum of ten thousand dollars, conditioned upon the faithful
discharge of his duties THE MINERALS
DIRECTOR OR SUCH DIRECTOR'S DESIGNEE OR CONTRACTOR SHALL UPON
TEN DAYS NOTICE HAVE ACCESS DURING NORMAL BUSINESS HOURS TO RECORDS
AND BOOKS NECESSARY TO DETERMINE THE ROYALTY DUE FROM THE PRODUCTION
AND DISPOSITION OF ALL SUBSTANCES PRODUCED FROM STATE TRUST LANDS,
WHICH RECORD OR BOOK IS IN THE POSSESSION OR UNDER THE CONTROL
OF THE LESSEE OR THE LESSEE'S ASSIGN. IF AFTER REASONABLE EFFORT
THE MINERALS DIRECTOR OR SUCH DIRECTOR'S DESIGNEE OR CONTRACTOR
IS UNABLE TO OBTAIN SUFFICIENT INFORMATION FROM THE LESSEE OR
ASSIGN TO DETERMINE THE ROYALTY DUE, THE DIRECTOR OR DESIGNEE
OR CONTRACTOR MAY PETITION THE STATE BOARD OF LAND COMMISSIONERS
FOR AN ORDER, WHICH UPON NOTICE AND HEARING, SHALL GRANT ACCESS
TO INFORMATION, RECORDS, AND BOOKS PERTAINING TO ROYALTIES THAT
ARE IN THE POSSESSION OR UNDER THE CONTROL OF ANY ENTITY THAT
PURCHASES, DISTRIBUTES, PROCESSES, OR TRANSPORTS THE SUBSTANCE
PRODUCED FROM THE STATE TRUST LAND. EXCEPT AS IS NECESSARY TO
DETERMINE AND REPORT TO THE BOARD ROYALTIES DUE TO THE BOARD,
ALL INFORMATION ACQUIRED BY THE DIRECTOR OR DIRECTOR'S DESIGNEE
OR CONTRACTOR UNDER THIS SUBSECTION (2) SHALL BE PROTECTED AS
CONFIDENTIAL INFORMATION AND SHALL NOT BE A MATTER OF PUBLIC RECORD
IN THE ABSENCE OF A WRITTEN RELEASE FROM THE ENTITY FROM WHICH
THE INFORMATION WAS OBTAINED OR UNTIL OTHERWISE ORDERED BY A COURT.
SECTION 32. 361139,
Colorado Revised Statutes, 1990 Repl. Vol., is repealed as follows:
361139. Royalties on coal
ton defined. (1) Any
person, association, copartnership, or corporation leasing and
operating coal lands under the provisions of this article shall
pay to the deputy register of the state board of land commissioners
a minimum price of not less than fifteen cents for every ton of
coal mined from said lands; except that the lands of the Fort
Lewis school, in La Plata county, may be leased at a royalty of
not less than ten cents per ton, to be paid monthly, on or before
the twentyfifth day of each month, for the coal mined during
the preceding calendar month and except that any person, association,
copartnership, or corporation mining coal for the purpose of and
to be used in the production of chemicals and synthetic fuels
and for the development of power at such plant of operation shall
pay to the deputy register of the state board of land commissioners
a minimum price of not less than five cents for every ton of coal
mined from said lands, if not less than two hundred fifty thousand
tons per annum are mined by such person, association, copartnership,
or corporation. Any amount less than two hundred fifty thousand
tons shall be subject to the fifteencent royalty. Every
lessee of any such coal lands shall pay royalty based upon the
maximum extraction possible by means of modern mining methods
and with consideration of the local conditions of the coal seam
or seams being operated. All coal produced from lands leased for
the operation of plants to produce chemicals and synthetic fuels
and for the development of power shall be used in such plants
exclusively and shall not be sold on the open market.
(2) Should the person, association,
copartnership, or corporation leasing coal lands fail to mine
during any one year the minimum amount that may be provided for
in the terms of the lease, then the amount as paid shall be applied
as an advance payment of royalty upon coal actually mined in any
subsequent year in excess of the minimum provided for in said
lease.
(3) The term "ton" as
used in this section means twentyseven cubic feet of coal,
measured in solid, and shall be ascertained by the measurements
of the space from which the coal is mined, deducting therefrom
all space occupied by slate or other impurities. Such measurements
shall be made by the mineral section, according to the provisions
of this article. When possible and when the state board of land
commissioners shall so order, the coal tonnage may be determined
by the coal miners' payroll check number or railroad shipment,
and such miners' check number and coal tonnage, determined by
weight at the mine tipple, shall be clearly enumerated in the
required monthly sworn royalty statements.
SECTION 33. 361141,
Colorado Revised Statutes, 1990 Repl. Vol., is amended to read:
361141. Exchange of lands
with government. The state board of land
commissioners is authorized to exchange any lands, the income
from which is devoted to the public schools of the state, the
state universities, the state agricultural college, penitentiary,
internal improvements, or saline or any other lands which may
be under the control of the state board of land commissioners
and which may have been granted to the state by the congress of
the United States, for such unappropriated federal lands in the
state as the state board of land commissioners may select. The
register
DIRECTOR of said board is empowered to sign all papers necessary
to such transfer, under the direction of the board.
SECTION 34. 361145,
Colorado Revised Statutes, 1990 Repl. Vol., as amended, is amended
to read:
361145. Land commissioners'
receipts appropriation. (1) All
moneys collected by the state board of land commissioners shall
be deposited with the state treasurer. Moneys received by the
state board of land commissioners for fees and services shall
be credited by the state treasurer to the land and water management
fund created in section 361148. All other moneys deposited
by the state board of land commissioners shall be credited by
the state treasurer to the proper funds as provided by law.
(2) (a) (I) Effective
July 1, 1995, no more than one hundred and six percent of the
"base amount" shall be allocated to
The state land board TRUST administration fund IS HEREBY CREATED
IN THE STATE TREASURY for the purposes specified in paragraph
(b) of this subsection (2). which
fund is hereby created. For fiscal years beginning after July
1, 1995, no more than one hundred and six percent of the immediately
preceding year's base amount shall be allocated to the fund.
(II) For purposes of this paragraph
(a), "base amount" means the amount which was appropriated
to the state land board administration fund and the land and water
management fund during the 199495 fiscal year.
(b) The general assembly shall annually
appropriate moneys from the state land board TRUST administration
fund sufficient to pay for the salaries of commissioners
and employees of the state board
of land commissioners AND EXPENSES AND PER DIEM ALLOWANCES OF
COMMISSIONERS and all other expenses incurred in administering
the provisions of articles 1 to 8 of this title and sections 9
and 10 of article IX of the Colorado constitution. Each land grant
administered by the state board of land commissioners shall be
charged with the expense of its administration.
(c) For the
fiscal year 198889 and each fiscal year thereafter, any
amount of moneys up to three hundred thousand dollars in the state
land board trust administration fund shall be held as an emergency
reserve fund. Any moneys in
excess of three hundred thousand dollars
remaining in the state land board trust administration fund at
the end of the state fiscal year shall be allocated to the trust
funds under the control of the state board of land commissioners
in an amount equal to the proportion of such moneys that would
have been paid into such trust funds but for their allocation
to the state land board trust administration fund.
(d) This subsection
(2) is repealed, effective June 30, 2000.
(3) THE GENERAL ASSEMBLY SHALL ALLOCATE
MONEYS TO THE STATE LAND BOARD TRUST ADMINISTRATION FUND FROM
THE INCOME GENERATED BY THE STATE TRUST LANDS. THE ALLOCATIONS
TO THE FUND AND THE APPROPRIATIONS TO THE STATE BOARD OF LAND
COMMISSIONERS SHALL BE SUFFICIENT TO ENABLE THE STATE BOARD OF
LAND COMMISSIONERS TO PERFORM ITS DUTIES.
SECTION 35. 361146,
Colorado Revised Statutes, 1990 Repl. Vol., is repealed as follows:
361146. Acquisition of
rightofway. (1) At
the direction of the governor, the state board of land commissioners
is authorized to acquire a rightofway for the purpose
of obtaining access to public lands located in section 16, township
6 south, range 69 west of the sixth principal meridian, Jefferson
county, Colorado, by donation, purchase, or by the exercise of
the power of eminent domain through condemnation proceedings in
accordance with law.
(2) There is appropriated out
of the land commissioners' expense fund as set forth in section
361145 the sum of fifteen thousand dollars, or so
much thereof as is necessary, to be used by said board for the
acquisition of such rightofway and for all necessary
and actual expenses in connection therewith. This appropriation
shall be made available on or after March 28, 1963, and shall
remain available until the acquisition of the rightofway
authorized by this section.
SECTION 36. 361148
(1), Colorado Revised Statutes, 1990 Repl. Vol., is amended to
read:
361148. Land and water
management fund. (1) There
is hereby created the state board of land commissioners land and
water management fund. Such fund is to be generated from fees
collected under the provisions of section 361112.
The fund is to be under the control of and to be administered
by the state board of land commissioners. The fund is to be used
only for the management and the improvement of stateowned
lands and waters under the control of the state board of land
commissioners. Each such improvement or management program is
to be for the purpose of securing
the optimum possible revenue from such land or water as provided
in section 10 of article IX of the state constitution
COMPLYING WITH THE PROVISIONS OF SECTIONS 9 AND 10 OF ARTICLE
IX OF THE STATE CONSTITUTION; except that, for each such improvement
made to stateowned lands utilized for agricultural purposes,
the lessee shall contribute no less than twenty percent of the
cost of such improvement, by written agreement with the state
board of land commissioners.
SECTION 37. Article
1 of title 36, Colorado Revised Statutes, 1990 Repl. Vol., as
amended, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS
to read:
361150. Conservation easements.
THE STATE BOARD OF LAND COMMISSIONERS MAY SELL OR LEASE CONSERVATION
EASEMENTS, LICENSES, OR OTHER SIMILAR INTERESTS IN LAND IN ACCORDANCE
WITH THE PROVISIONS OF SECTIONS 9 AND 10 OF ARTICLE IX OF THE
STATE CONSTITUTION.
361151. Public schools
access to state lands. THE STATE
BOARD OF LAND COMMISSIONERS SHALL ALLOW ACCESS TO STATE TRUST
LANDS BY PUBLIC SCHOOLS WITHOUT CHARGE FOR OUTDOOR EDUCATIONAL
PURPOSES SO LONG AS SUCH ACCESS DOES NOT CONFLICT WITH USES PREVIOUSLY
APPROVED BY THE BOARD ON SUCH LANDS.
361152. Public school districts
lease, purchase, or other use of state lands.
THE STATE BOARD OF LAND COMMISSIONERS SHALL PROVIDE OPPORTUNITIES
FOR PUBLIC SCHOOL DISTRICTS WITHIN WHICH SCHOOL TRUST LANDS ARE
LOCATED TO LEASE, PURCHASE, OR OTHERWISE USE SUCH LANDS OR PORTIONS
THEREOF AS ARE NECESSARY FOR SCHOOL BUILDING SITES, AT AN AMOUNT
TO BE DETERMINED BY THE BOARD, WHICH SHALL NOT EXCEED THE APPRAISED
FAIR MARKET VALUE, WHICH AMOUNT MAY BE PAID OVER TIME.
SECTION 38. 2241101,
Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
2241101. Composition of
fund. (3) NOTWITHSTANDING THE
PROVISIONS OF SUBSECTION (2) OF THIS SECTION, THE PROCEEDS FROM
THE SALE OR OTHER DISPOSITION OF STATE LAND PURSUANT TO A NONSIMULTANEOUS
EXCHANGE PURSUANT TO SECTION 361124.5, C.R.S., SHALL
NOT BE DEEMED A PART OF THE DESIGNATED TRUST FUND EXCEPT AS PROVIDED
IN SECTION 361124.5 (4), C.R.S.
SECTION 39. The
introductory portion to 2241104 (1), Colorado Revised
Statutes, 1995 Repl. Vol., is amended, and the said 2241104
(1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to
read:
2241104. Lawful investments.
(1) The state treasurer in his
THE TREASURER'S discretion may invest and reinvest moneys accrued
or accruing to the public school fund in any of the following
forms of investment:
(c.3) BONDS ISSUED BY SCHOOL DISTRICTS;
SECTION 40. 2241104.5
(1), Colorado Revised Statutes, 1995 Repl. Vol., is amended BY
THE ADDITION OF A NEW PARAGRAPH to read:
2241104.5. Other financial
transactions. (1) The state
treasurer may engage in financial transactions whereby:
(b.5) LOANS ARE MADE TO SCHOOL DISTRICTS
UNDER THE PROVISIONS OF SECTION 3 OF ARTICLE IX OF THE STATE CONSTITUTION;
SECTION 41. 2241109,
Colorado Revised Statutes, 1995 Repl. Vol., is RECREATED AND REENACTED,
WITH AMENDMENTS, to read:
2241109. Bond guarantee
loans. (1) THE GENERAL ASSEMBLY
HEREBY FINDS THAT SCHOOL DISTRICTS OF THIS STATE ARE EXPERIENCING
GREAT NEED FOR IMPROVED SCHOOL FACILITIES; THAT, ALTHOUGH THE
ISSUANCE OF SCHOOL BONDS CAN PAVE THE WAY FOR IMPROVED FACILITIES,
SUCH BONDS MUST BE MARKETABLE AND THEIR INTEREST RATE MUST BE
COMPETITIVE IN ORDER TO BENEFIT THE DISTRICT; THAT, IF THE RISK
ASSUMED BY SCHOOL BOND PURCHASERS WAS DIMINISHED, INTEREST RATES
WOULD GENERALLY BE REDUCED; THAT THE USE OF PERMANENT SCHOOL FUNDS
TO GUARANTEE PAYMENTS OF PRINCIPAL AND INTEREST, WITH APPROPRIATE
SAFEGUARDS FOR THE PUBLIC SCHOOL FUND, IS CONSISTENT WITH THE
PURPOSE FOR WHICH THE FUND WAS CREATED; AND THAT SECTION 3 OF
ARTICLE IX OF THE STATE CONSTITUTION SPECIFICALLY AUTHORIZES THE
USE OF THE PUBLIC SCHOOL FUND OF THE STATE FOR THE PURPOSES OF
THIS SECTION.
(2) THE STATE TREASURER IS AUTHORIZED
TO CONTRACT WITH SCHOOL DISTRICTS IN THIS STATE FOR THE GUARANTEE
OF PAYMENTS OF PRINCIPAL AND INTEREST ON THE DISTRICT'S BONDS
AS SUCH PAYMENTS BECOME DUE. THE STATE TREASURER SHALL NOT ENTER
INTO SUCH CONTRACT IF THE GUARANTEE WOULD RESULT IN THE TOTAL
AMOUNT OF OUTSTANDING GUARANTEED BONDS EXCEEDING AN AMOUNT EQUAL
TO THREE TIMES THE MARKET VALUE OF THE PUBLIC SCHOOL FUND. EACH
YEAR THE STATE TREASURER SHALL ANALYZE THE STATUS OF GUARANTEED
BONDS AS COMPARED TO THE BOOK VALUE AND MARKET VALUE OF THE PUBLIC
SCHOOL FUND AND SHALL CERTIFY WHETHER THE AMOUNT OF BONDS GUARANTEED
IS WITHIN THE LIMIT PRESCRIBED BY THIS SUBSECTION (2).
(3) THE BOARD OF EDUCATION OF A SCHOOL
DISTRICT DESIRING TO ENTER INTO A GUARANTEE CONTRACT AUTHORIZED
BY THIS SECTION SHALL INCLUDE, IN THE RESOLUTION SUBMITTING THE
QUESTION OF ISSUING BONDS TO THE REGISTERED ELECTORS OF THE SCHOOL
DISTRICT, A STATEMENT THAT THE SCHOOL DISTRICT INTENDS TO CONTRACT
WITH THE STATE TREASURER FOR THE GUARANTEE OF PRINCIPAL AND INTEREST
PAYMENTS TO HOLDERS OF SUCH BONDS. THE RESOLUTION SHALL SET FORTH,
AND ANY RESULTING GUARANTEE CONTRACT SHALL PROVIDE, THAT THE DISTRICT
SHALL REPAY ANY LOAN OF PUBLIC SCHOOL FUNDS WITH INTEREST AS PROVIDED
IN SUBSECTION (4) OF THIS SECTION BY THE END OF THE CALENDAR YEAR
NEXT FOLLOWING THE CLOSE OF THE FISCAL YEAR IN WHICH THE LOAN
WAS MADE, OUT OF ANY AVAILABLE FUNDS OF THE SCHOOL DISTRICT OR
OUT OF THE PROCEEDS OF A LEVY ON THE TAXABLE PROPERTY OF THE SCHOOL
DISTRICT AT A RATE SUFFICIENT TO PRODUCE THE AMOUNT REQUIRED TO
REPAY THE LOAN. NO GUARANTEE CONTRACT SHALL BE EXECUTED PURSUANT
TO THIS SECTION UNLESS THE REGISTERED ELECTORS OF THE SCHOOL DISTRICT
HAVE APPROVED SUCH PROVISIONS FOR THE CONTRACT BY THEIR VOTE APPROVING
THE ISSUANCE OF BONDS.
(4) ANY GUARANTEE CONTRACT AUTHORIZED
BY THIS SECTION SHALL INCLUDE A PROVISION REQUIRING THE PAYMENT
OF INTEREST ON LOANS MADE PURSUANT TO THE CONTRACT AT THE PREVAILING
RATE OF INTEREST BEING EARNED BY INVESTMENTS OF THE PUBLIC SCHOOL
FUND ON THE DATE THE LOAN IS MADE.
(5) A BOARD OF EDUCATION SEEKING THE GUARANTEE
OF ELIGIBLE BONDS SHALL NOTIFY THE COMMISSIONER OF EDUCATION AND
THE STATE TREASURER INDICATING THE NAME OF THE SCHOOL DISTRICT
AND THE PRINCIPAL AMOUNT OF THE BONDS TO BE ISSUED, THE NAME AND
ADDRESS OF THE SCHOOL DISTRICT'S PAYING AGENT FOR THE BONDS, THE
MATURITY SCHEDULE, THE ESTIMATED INTEREST RATE, AND THE DATE OF
THE BONDS.
(6) AFTER RECEIPT OF THE REQUEST FOR THE
GUARANTEE OF BONDS, THE COMMISSIONER OF EDUCATION SHALL REVIEW
THE APPLICANT SCHOOL DISTRICT REGARDING THE STATUS OF THE SCHOOL
DISTRICT'S ACCREDITATION, THE SCHOOL DISTRICT'S FINANCIAL STATUS
BASED ON ITS AUDITED FINANCIAL STATEMENTS FOR THE PREVIOUS THREE
YEARS, AND THE TOTAL AMOUNT OF THE SCHOOL DISTRICT'S BONDED INDEBTEDNESS
IN RELATION TO THE LIMITATION ON INDEBTEDNESS PROVIDED BY LAW.
IF, AFTER THE INVESTIGATION, THE COMMISSIONER OF EDUCATION IS
SATISFIED THAT THE SCHOOL DISTRICT'S BONDS SHOULD BE GUARANTEED
UNDER THIS SECTION, THE COMMISSIONER OF EDUCATION SHALL ENDORSE
THE REQUEST FOR THE BOND GUARANTEE TO THE STATE TREASURER.
(7) WHENEVER THE PAYING AGENT HAS NOT
RECEIVED PAYMENT OF PRINCIPAL OF OR INTEREST ON BONDS OR OTHER
OBLIGATIONS TO WHICH THIS SECTION APPLIES FIFTEEN BUSINESS DAYS
IMMEDIATELY PRIOR TO THE DATE ON WHICH SUCH PAYMENT IS DUE, THE
PAYING AGENT SHALL SO NOTIFY THE STATE TREASURER AND THE SCHOOL
DISTRICT BY TELEPHONE, FACSIMILE, OR OTHER SIMILAR COMMUNICATION,
FOLLOWED BY WRITTEN VERIFICATION, OF SUCH PAYMENT STATUS. THE
STATE TREASURER SHALL IMMEDIATELY CONTACT THE SCHOOL DISTRICT
AND DETERMINE WHETHER THE SCHOOL DISTRICT WILL MAKE THE PAYMENT
BY THE DATE ON WHICH IT IS DUE.
(8) IF THE SCHOOL DISTRICT INDICATES THAT
IT WILL NOT MAKE THE PAYMENT BY THE DATE ON WHICH IT IS DUE, THE
STATE TREASURER SHALL FORWARD THE AMOUNT IN IMMEDIATELY AVAILABLE
FUNDS NECESSARY TO MAKE THE PAYMENT OF THE PRINCIPAL OF OR INTEREST
ON THE BONDS OR OTHER OBLIGATIONS OF THE SCHOOL DISTRICT TO THE
PAYING AGENT ON THE BUSINESS DAY IMMEDIATELY PRIOR TO THE DATE
ON WHICH PAYMENT IS DUE. SUCH PAYMENT SHALL CONSTITUTE A LOAN
TO THE SCHOOL DISTRICT FROM THE PUBLIC SCHOOL FUND IN ACCORDANCE
WITH THE TERMS OF THE GUARANTEE CONTRACT.
(9) IN ORDER TO ASSURE SUFFICIENT LIQUIDITY
TO MEET OBLIGATIONS UNDER THE PROVISIONS OF THIS SECTION, THE
STATE TREASURER SHALL INVEST MONEYS IN THE PUBLIC SCHOOL FUND
IN AN AMOUNT EQUAL TO AT LEAST TEN PERCENT OF THE PRINCIPAL AMOUNT
OF BONDS GUARANTEED UNDER THIS SECTION IN INTERESTBEARING
OBLIGATIONS OF THE UNITED STATES AS PROVIDED IN SECTION 2241104
(1) (d) WITH MATURITY DATES OF THREE YEARS OR LESS.
(10) THE AMOUNTS FORWARDED TO THE PAYING
AGENT BY THE STATE TREASURER SHALL BE APPLIED TO THE PAYING AGENT
SOLELY TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON SUCH
BONDS OR OTHER OBLIGATIONS OF THE SCHOOL DISTRICT.
(11) ANY SCHOOL DISTRICT TO WHICH THIS
SECTION APPLIES SHALL FILE WITH THE STATE TREASURER A COPY OF
THE RESOLUTION THAT AUTHORIZES THE ISSUANCE OF BONDS OR OTHER
OBLIGATIONS, A COPY OF THE OFFICIAL STATEMENT OR OTHER OFFERING
DOCUMENT FOR SUCH BONDS OR OTHER OBLIGATIONS, THE AGREEMENT, IF
ANY, WITH THE PAYING AGENT FOR SUCH BONDS OR OTHER OBLIGATIONS,
AND THE NAME, ADDRESS, AND TELEPHONE NUMBER OF SUCH PAYING AGENT.
(12) AS PROVIDED IN SECTION 11 OF ARTICLE
II OF THE STATE CONSTITUTION, THE STATE HEREBY COVENANTS WITH
THE PURCHASERS AND OWNERS OF BONDS AND OTHER OBLIGATIONS ISSUED
BY SCHOOL DISTRICTS THAT THE STATE WILL NOT REPEAL, REVOKE, OR
RESCIND THE PROVISIONS OF THIS SECTION OR MODIFY OR AMEND THE
SAME SO AS TO LIMIT OR IMPAIR THE RIGHTS AND REMEDIES GRANTED
BY THIS SECTION; BUT NOTHING IN THIS SUBSECTION (11) SHALL BE
DEEMED OR CONSTRUED TO REQUIRE THE STATE TO CONTINUE THE PAYMENT
OF STATE ASSISTANCE TO ANY SCHOOL DISTRICT OR TO LIMIT OR PROHIBIT
THE STATE FROM REPEALING, AMENDING, OR MODIFYING ANY LAW RELATING
TO THE AMOUNT OF STATE ASSISTANCE TO SCHOOL DISTRICTS OR THE MANNER
OF PAYMENT OR THE TIMING THEREOF. NOTHING IN THIS SECTION SHALL
BE DEEMED OR CONSTRUED TO CREATE A DEBT OF THE STATE WITH RESPECT
TO SUCH BONDS OR OTHER OBLIGATIONS WITHIN THE MEANING OF ANY STATE
CONSTITUTIONAL PROVISION OR TO CREATE ANY LIABILITY EXCEPT TO
THE EXTENT PROVIDED IN THIS SECTION.
(13) WHENEVER THE STATE TREASURER IS REQUIRED
BY THIS SECTION TO MAKE A PAYMENT OF PRINCIPAL OF OR INTEREST
ON BONDS OR OTHER OBLIGATIONS ON BEHALF OF A SCHOOL DISTRICT,
THE DEPARTMENT OF EDUCATION SHALL INITIATE AN AUDIT OF THE SCHOOL
DISTRICT TO DETERMINE THE REASONS FOR THE NONPAYMENT AND TO ASSIST
THE SCHOOL DISTRICT, IF NECESSARY, IN DEVELOPING AND IMPLEMENTING
MEASURES TO ASSURE THAT FUTURE PAYMENTS WILL BE MADE WHEN DUE.
(14) WHENEVER THE STATE TREASURER MAKES
A PAYMENT OF PRINCIPAL AND INTEREST ON BONDS OR OTHER OBLIGATIONS
OF A SCHOOL DISTRICT BECAUSE OF THE FAILURE TO COLLECT PROPERTY
TAXES LEVIED IN ACCORDANCE WITH LAW FOR THE SCHOOL DISTRICT'S
BOND REDEMPTION FUND, THE DISTRICT MAY TRANSFER ANY SUCH DELINQUENT
PROPERTY TAXES LATER COLLECTED OUT OF THE SCHOOL DISTRICT'S BOND
REDEMPTION FUND AND INTO ITS GENERAL FUND.
(15) IN THE EVENT THAT ANY PUBLIC SCHOOL
FUND MONEYS ARE LOST BY REASON OF THE FAILURE OF ANY SCHOOL DISTRICT
TO REPAY A LOAN MADE PURSUANT TO THIS SECTION, THE GENERAL ASSEMBLY
SHALL RESTORE SUCH PUBLIC SCHOOL FUND MONEYS, TOGETHER WITH SUCH
INTEREST AS WOULD HAVE ACCRUED THERETO, BY AN APPROPRIATION IN
THE AMOUNT OF SUCH LOSS FROM THE GENERAL FUND OF THE STATE.
(16) IF TWO OR MORE REPAYMENTS FROM THE
PUBLIC SCHOOL FUND ARE MADE ON THE GUARANTEED BONDS OF A SCHOOL
DISTRICT AND THE COMMISSIONER OF EDUCATION DETERMINES THAT THE
SCHOOL DISTRICT IS ACTING IN BAD FAITH UNDER THE GUARANTEE, THE
COMMISSIONER OF EDUCATION MAY REQUEST THE ATTORNEY GENERAL TO
INSTITUTE APPROPRIATE LEGAL ACTION TO COMPEL THE SCHOOL DISTRICT
GOVERNING BOARD TO COMPLY WITH THE DUTIES REQUIRED BY LAW IN REGARD
TO THE BONDS.
SECTION 42.
249102 (1) (c), Colorado Revised Statutes, 1988 Repl.
Vol., is repealed as follows:
249102. Salaries of appointed
state officials. (1) The following
state officials shall receive annual salaries and allowances,
payable monthly, as follows:
(c) State
board of land commissioners, each member, thirtynine thousand
six hundred fifty dollars;
SECTION 43. Appropriation.
(1) In addition to any other appropriation, there is
hereby appropriated, out of any moneys in the state land board
trust administration fund created in section 361145,
Colorado Revised Statutes, not otherwise appropriated, to the
department of natural resources, for allocation to the state land
board, for the fiscal year beginning July 1, 1997, the sum of
forty thousand six hundred eightyfour dollars ($40,684),
or so much thereof as may be necessary, for the implementation
of this act.
(2) 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 twentytwo
thousand seven hundred seventysix dollars ($22,776), and
0.3 FTE, or so much thereof as may be necessary, for the provision
of legal services related to the implementation of this act. Said
sum shall be from cash funds exempt received from the department
of natural resources out of the appropriation made in subsection
(1) of this section.
SECTION 44. Severability.
If any provision of this act or the application thereof to any
person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of the act that can
be given effect without the invalid provision or application,
and to this end the provisions of this act are declared to be
severable.
SECTION 45. 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