Second Regular Session
Sixty-first General Assembly
LLS NO. 980496.01 JGG
HOUSE BILL 981155
STATE OF COLORADO
BY REPRESENTATIVES Smith, G. Berry, Dyer, George, and McElhany;
also SENATOR Bishop.
EDUCATION
APPROPRIATIONS
A BILL FOR AN ACT
CONCERNING CAPITAL CONSTRUCTION PROJECTS TO BE UNDERTAKEN
BY BOARDS OF COOPERATIVE SERVICES.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
For any board of cooperative services that includes an institution of higher education, requires the Colorado commission on higher education to approve the plans for any capital development project undertaken by the board for which capital construction fund moneys are sought through the capital development committee. For fiscal year 199899, requires any board of cooperative services that consists of one state college and one school district and that undertakes a capital development project to provide facilities for the operation of a cooperative service program to obtain the approval of trustees of the state colleges in Colorado, rather than the Colorado commission on higher education. For subsequent fiscal years, requires said boards of cooperative services to obtain approval from the Colorado commission on higher education if capital construction fund moneys are sought through the capital development committee.
Amends the 1996 capital construction appropriation
to eliminate the prohibition on future appropriations of state
funds to the Grand Valley board of cooperative educational services
for the construction of the unified technical education center.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 225111 (2), Colorado Revised Statutes, is amended to read:
225111. Buildings and facilities. (2) (a) The boards of education of the school districts participating in a cooperative service agreement may jointly, separately, or, after approval of each participating board of education, as a board of cooperative services construct, purchase, or lease sites, buildings, and equipment for the purpose of providing the facilities necessary for the operation of a cooperative service program at any appropriate location, whether within or without a school district providing the money for the facilities. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (2), IF THE BOARD OF COOPERATIVE SERVICES UNDERTAKING SUCH CAPITAL DEVELOPMENT PROJECT FOR WHICH CAPITAL CONSTRUCTION FUND MONEYS ARE SOUGHT THROUGH THE CAPITAL DEVELOPMENT COMMITTEE INCLUDES THE GOVERNING BOARD OR GOVERNING AGENCY OF AN INSTITUTION OF HIGHER EDUCATION, THE PLANS FOR SUCH CAPITAL DEVELOPMENT PROJECT SHALL BE SUBJECT TO APPROVAL BY THE COLORADO COMMISSION ON HIGHER EDUCATION PURSUANT TO SECTION 231106 (5). School district moneys in any fund from which moneys may be legally expended for such facilities may be used for carrying out the provisions of this section. The provisions of sections 2232127 and 2245103 (1) shall apply to any installment purchase agreement or any lease or rental agreement entered into by a board of cooperative services or by the boards of education of the school districts participating in a cooperative service agreement. No board of education of a school district participating in a cooperative service agreement shall make any levy for its bond redemption fund, or use any moneys in its bond redemption fund, except in accordance with the provisions of section 2245103 (1) (b).
(b) FOR FISCAL YEAR 199899, ANY BOARD OF COOPERATIVE SERVICES THAT CONSISTS OF THE GOVERNING BOARD OR GOVERNING AGENCY OF ONE STATE COLLEGE AND THE BOARD OF EDUCATION OF ONE SCHOOL DISTRICT SHALL OBTAIN THE APPROVAL OF THE TRUSTEES OF THE STATE COLLEGES IN COLORADO, RATHER THAN THE COLORADO COMMISSION ON HIGHER EDUCATION, PRIOR TO THE CONSTRUCTION, PURCHASE, OR LEASE OF SITES, BUILDINGS, OR EQUIPMENT TO PROVIDE FACILITIES NECESSARY FOR THE OPERATION OF A COOPERATIVE SERVICE PROGRAM PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2). FOR FISCAL YEAR 19992000 AND FISCAL YEARS THEREAFTER, SAID BOARD OF COOPERATIVE SERVICES SHALL OBTAIN THE APPROVAL OF THE COLORADO COMMISSION ON HIGHER EDUCATION, AS PROVIDED IN SECTION 231106 (5), C.R.S., FOR THE CONSTRUCTION, PURCHASE, OR LEASE OF SITES, BUILDINGS, OR EQUIPMENT TO PROVIDE FACILITIES NECESSARY FOR THE OPERATION OF A COOPERATIVE SERVICE PROGRAM FOR WHICH CAPITAL CONSTRUCTION FUND MONEYS ARE SOUGHT THROUGH THE CAPITAL CONSTRUCTION COMMITTEE PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2).
SECTION 2. 231106 (1), Colorado Revised Statutes, is amended to read:
231106. Duties and powers of the commission with respect to capital construction and longrange planning. (1) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 225111 (2) (b), it is declared to be the policy of the general assembly not to authorize or to acquire sites or initiate any program or activity requiring capital construction for statesupported institutions of higher education unless approved by the commission.
SECTION 3. Section 1 (8) (d) of chapter 260, Session Laws of Colorado 1995, as amended by section 6 of chapter 325, Session Laws of Colorado 1996, is amended to read:
Section 1. Appropriation for the 199495
fiscal year. (8) (d) In addition to any other
appropriation made for the current fiscal year, there is hereby
appropriated to the Grand Valley Board of Cooperative Educational
Services the sum of two million three hundred fifty thousand dollars
($2,350,000), or so much thereof as may be necessary, from the
capital construction fund created in section 2475302,
Colorado Revised Statutes, for the construction of phase II of
the Unified Technical Education Center of Mesa State College;
except that the Grand Valley Board of Cooperative Educational
Services must give sufficient proof that one million two hundred
thousand dollars ($1,200,000) has been raised from local sources,
including gifts, grants, or donations, before state funds can
be encumbered. Effective upon passage
of this act, no further appropriation of state funds shall be
requested or authorize for this project.
SECTION 4. 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.