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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0664.01 DHG HOUSE BILL 98­1326

STATE OF COLORADO

BY REPRESENTATIVE Grampsas;

also SENATOR Chlouber. REENGROSSED

LOCAL GOVERNMENT

A BILL FOR AN ACT

CONCERNING THE PROVISION OF ADDITIONAL REVENUE TO MUNICIPAL GOVERNMENTS TO MEET EXPENSES NECESSITATED BY THE ADVENT OF LIMITED GAMING.

Bill Summary

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

Allocates an additional $1 million per year for 2 years to the existing municipal limited gaming impact fund for expenses incurred in response to the limited gaming permitted in Central City, Black Hawk, and Cripple Creek under the constitutional amendment adopted in 1990. Removes an existing provision that prohibits the 3 limited­gaming towns from sharing in distributions from the fund. Makes conforming amendments.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  12­47.1­1501 (1), (2), (3), and (4), Colorado Revised Statutes, are amended to read:

12­47.1­1501.  Municipal limited gaming impact fund. (1)  There is hereby created in the office of the state treasurer the municipal limited gaming impact fund, referred to in this part 15 as the "fund", for the purpose of compensating the municipalities located in the counties of Gilpin and Teller other than the City of Central, the City of Black Hawk, and the City of Cripple Creek, for various expenses incurred in response to the limited gaming permitted in the counties of Gilpin and Teller.

(2)  Out of the fifty percent share of limited gaming proceeds AVAILABLE to be transferred to the general fund OR TO SUCH OTHER FUND AS THE GENERAL ASSEMBLY SHALL PROVIDE pursuant to section 9 (5) (b) (II) of article XVIII of the state constitution prior to July 1, 2002, THE STATE TREASURER SHALL TRANSFER TO THE FUND:

(a)  Two percent shall be transferred annually; to the fund by the state treasurer; PLUS

(b)  AN ADDITIONAL THREE MILLION DOLLARS ANNUALLY DURING FISCAL YEARS 1998­99 AND 1999­2000.

(3)  Within thirty days of a transfer to the fund PURSUANT TO PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION, the state treasurer shall make distributions to the governing bodies of the cities of Woodland Park and Victor in accordance with PARAGRAPH (a) OF subsection (4) of this section for planning, construction, and maintenance of public facilities, for the provision of public services, and for the mitigation of such other impacts resulting from limited gaming as the governing body of each city may determine.

(4) (a)  Of the moneys transferred to the fund pursuant to PARAGRAPH (a) OF subsection (2) of this section, seventy­five percent shall be distributed to the governing body of the City of Woodland Park, and twenty­five percent shall be distributed to the governing body of the City of Victor for the purposes set forth in this section.

(b)  (I)  OF THE MONEYS TRANSFERRED TO THE FUND PURSUANT TO PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION, ONE MILLION DOLLARS ANNUALLY SHALL BE DISTRIBUTED TO THE GOVERNING BODY OF THE CITY OF CENTRAL,ONE MILLION DOLLARS ANNUALLY SHALL BE DISTRIBUTED TO THE GOVERNING BODY OF THE CITY OF BLACK HAWK, AND ONE MILLION DOLLARS ANNUALLY SHALL BE DISTRIBUTED TO THE GOVERNING BODY OF THE CITY OF CRIPPLE CREEK FOR THE PURPOSES SET FORTH IN THIS SECTION.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2000.

SECTION 2.  12­47.1­701 (4) (b) (I) and (4) (c), Colorado Revised Statutes, are amended to read:

12­47.1­701.  Limited gaming fund ­ repeal. (4) (b) (I)  Of the fifty percent SHARE OF LIMITED GAMING PROCEEDS AVAILABLE TO BE transferred to the general fund OR TO SUCH OTHER FUND AS THE GENERAL ASSEMBLY SHALL PROVIDE, pursuant to section 9 (5) (b) (II) of article XVIII of the state constitution, prior to July 1, 2002, two percent, PLUS AN ADDITIONAL THREE MILLION DOLLARS ANNUALLY DURING FISCAL YEARS 1998­99 AND 1999­2000, shall be transferred to the municipal limited gaming impact fund created in section 12­47.1­1501 and the amount transferred to the general fund pursuant to this subsection (4) shall be further reduced to forty­eight and eight­tenths percent ACCORDINGLY.

(c)  Out of the forty­eight and eight­tenths percent PORTION that would otherwise be transferred to the general fund pursuant to this subsection (4), an amount to be determined as provided in paragraph (c) of subsection (1) of this section shall be transferred to the state highway fund and the amount transferred to the general fund pursuant to this subsection (4) shall be reduced accordingly.

SECTION 3.  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.