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Second Regular Session

Sixty-first General Assembly

LLS NO. R98­0169.01 GWF

STATE OF COLORADO




BY REPRESENTATIVES Dyer and Taylor;

also SENATOR B. Alexander. REENGROSSED

BUSINESS AFFAIRS & LABOR

HOUSE CONCURRENT RESOLUTION 98­1009

SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AN AMENDMENT TO SECTION 3 OF ARTICLE XXVII OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE USE OF A SPECIFIED AMOUNT OF NET LOTTERY PROCEEDS CURRENTLY ALLOCATED TO THE STATE GENERAL FUND FOR COLORADO TOURISM PLANNING, PROMOTION, AND DEVELOPMENT.

Resolution Summary

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

Amends the provision that requires remaining net lottery proceeds to be transferred to the state general fund after distributions have been made to the conservation trust fund, the division of parks and outdoor recreation, and the great outdoors Colorado trust fund. Requires up to a specified amount, adjusted for inflation, to be allocated to the Colorado tourism promotion fund, or a successor fund, to be used for the planning, promotion, and development of Colorado as a quality tourist and travel destination.

Be It Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate concurring herein:

SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:

Section 3 (1) (b) (III) of article XXVII of the constitution of the state of Colorado is amended to read:

Section 3.  Moneys allocated to Trust Fund and for tourism promotion. (1)  Beginning with the proceeds from the fourth quarter of the State's Fiscal Year 1992­1993, all proceeds from all programs, including Lotto and every other state­supervised lottery game operated under the authority of Article XVIII, Section 2 of the Colorado Constitution, whether by the Colorado Lottery Commission or otherwise (such programs defined hereafter in this Article as "Lottery Programs"), net of prizes and expenses of the state lottery division and after a sufficient amount of money has been reserved, as of the end of any fiscal quarter, to ensure the operation of the lottery for the ensuing fiscal quarter (such netted proceeds defined hereafter in this Article as "Net Proceeds") are set aside, allocated, allotted, and continuously appropriated as follows, and the Treasurer shall distribute such proceeds no less frequently than quarterly, as follows:

(b)  For each quarter including and after the first quarter of the State's Fiscal Year 1998­1999:

(III)  All remaining Net Proceeds in trust to the Board of the Trust Fund, provided, however, that in any state fiscal year in which the portion of the Net Proceeds which would otherwise be given in trust to the State Board of the Trust Fund exceeds the amount of $35 million, to be adjusted each year for changes from the 1992 Consumer Price Index­Denver, the Net Proceeds in excess of such amount or adjusted amount shall be allocated to the General Fund of the State of Colorado AS PROVIDED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH (b).

(IV)  THE NET PROCEEDS IN EXCESS OF THE AMOUNT OR ADJUSTED AMOUNT DISTRIBUTED IN TRUST TO THE BOARD OF THE TRUST FUND PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH (b), IF ANY, SHALL BE ALLOCATED AS FOLLOWS:

(A)  FOR EACH QUARTER THROUGH THE FOURTH QUARTER OF THE STATE'S FISCAL YEAR 1998­1999, TO THE GENERAL FUND OF THE STATE OF COLORADO;

(B)  FOR EACH QUARTER INCLUDING AND AFTER THE FIRST QUARTER OF THE STATE'S FISCAL YEAR 1999­2000, TO THE COLORADO TOURISM PROMOTION FUND, OR A SUCCESSOR FUND, TO BE USED AS PROVIDED BY LAW FOR THE PLANNING, PROMOTION, AND DEVELOPMENT OF COLORADO AS A QUALITY TOURIST AND TRAVEL DESTINATION, PROVIDED, HOWEVER, THAT IN ANY STATE FISCAL YEAR IN WHICH THE PORTION OF THE NET PROCEEDS WHICH WOULD OTHERWISE BE ALLOCATED TO THE COLORADO TOURISM PROMOTION FUND PURSUANT TO THIS SUB­SUBPARAGRAPH (B) EXCEEDS THE AMOUNT OF NINE MILLION DOLLARS, TO BE ADJUSTED EACH YEAR FOR CHANGES FROM THE 1998 CONSUMER PRICE INDEX­DENVER, THE NET PROCEEDS IN EXCESS OF SUCH AMOUNT OR ADJUSTED AMOUNT SHALL BE ALLOCATED TO THE GENERAL FUND OF THE STATE OF COLORADO.

SECTION 2.  Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO SECTION 3 OF ARTICLE XXVII OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE USE OF A SPECIFIED AMOUNT OF NET LOTTERY PROCEEDS CURRENTLY ALLOCATED TO THE STATE GENERAL FUND FOR COLORADO TOURISM PLANNING, PROMOTION, AND DEVELOPMENT."

SECTION 3.  The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.


Created: 4/24/98 Updated: 4/24/98