TEXT OF CONSTITUTIONAL AMENDMENT
State Board of the GREAT OUTDOORS COLORADO TRUST FUND
ARTICLE XXVII
Great Outdoors Colorado Program
Section 1. Great Outdoors Colorado Program. (1) The people of
the State of Colorado intend that the net proceeds of every state-supervised
lottery game operated under the authority of Article XVIII, Section
2 shall be guaranteed and permanently dedicated to the preservation,
protection, enhancement and management of the state's wildlife,
park, river, trail and open space heritage, except as specifically
provided in this article. Accordingly, there shall be established
the Great Outdoors Colorado Program to preserve, protect, enhance
and manage the state's wildlife, park, river, trail and open space
heritage. The Great Outdoors Colorado Program shall include:
(a) Wildlife program grants which:
(I) Develop wildlife watching opportunities;
(II) Implement educational programs about wildlife and wildlife
environment;
(III) Provide appropriate programs for maintaining Colorado's
diverse wildlife heritage;
(IV) Protect crucial wildlife habitats through the acquisition
of lands, leases or easements and restore critical areas;
(b) Outdoor recreation program grants which:
(I) Establish and improve state parks and recreation areas throughout
the State of Colorado;
(II) Develop appropriate public information and environmental
education resources on Colorado's natural resources at state parks,
recreation areas, and other locations throughout the state;
(III) Acquire, construct and maintain trails and river greenways;
(IV) Provide water for recreational purposes through the acquisition
of water rights or through agreements with holders of water rights,
all in accord with applicable state water law;
(c) A program to identify, acquire and manage unique open space and
natural areas of statewide significance through grants to the
Colorado Divisions of Parks and Outdoor Recreation and Wildlife, or municipalities, counties, or other political subdivisions
of the State, or non-profit land conservation organizations, and
which will encourage cooperative investments by other public or
private entities for these purposes; and
(d) A program for grants to match local investments to acquire,
develop and manage open space, parks, and environmental education
facilities, and which will encourage cooperative investments by
other public or private entities for these purposes.
Section 2. Trust Fund created. A fund to be known as the Great Outdoors Colorado Trust Fund,
referred to in this article as the "Trust Fund," is hereby created
and established in the Treasury of the State of Colorado.
Section 3. Moneys allocated to Trust Fund.
(1) Beginning with the proceeds from the fourth quarter of the
State's Fiscal Year 1992-1993, all proceeds from all programs,
including Lotto and every other state-supervised 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:
(a) For each quarter through the fourth quarter of the State's
Fiscal Year 1997-1998:
(I) to the Conservation Trust Fund and the Division of Parks and
Outdoor Recreation in the amounts allocable thereto under statute
as amended through January 1, 1992;
(II) to the State's Capital Construction Fund for payment of debt
service due from and including September 1, 1993, to and including
November 30, 1998, on the obligations described in Subsection
(1)(c) of this Section 3, but only to the extent such debt service
is due during such period according to the terms of the documents
originating such obligations, and only if such debt service has
not been prepaid or other moneys have not been dedicated or set
aside for such debt service payments as of January 1, 1992, or
thereafter; provided, however, that such obligations may be refunded
and debt service from and including September 1, 1993, or the
date of such refunding, if later, on any such refunding obligation
shall be payable from Net Proceeds, even if payable after November
30, 1998, to the extent the debt service on such refunding obligation
does not exceed the total amount of debt service payable on the
applicable refunded obligation from and including September 1,
1993, or from the date of such refunding, if later, to and including
November 30, 1998, according to the terms of the documents originating
the applicable refunded obligation; and
(III) The State Treasurer shall deposit all remaining Net Proceeds,
if any, in trust for the Board of the Trust Fund.
(b) For each quarter including and after the first quarter of
the State's Fiscal Year 1998-1999:
(I) Forty percent to the Conservation Trust Fund for distribution
to municipalities and counties and other eligible entities for
parks, recreation and open space purposes;
(II) Ten percent to the Division of Parks and Outdoor Recreation
for the acquisition, development and improvement of new and existing
state parks, recreation areas and recreational trails; and
(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 Index-Denver, the Net Proceeds in excess
of such amount or adjusted amount shall be allocated to the General
Fund of the State of Colorado.
(c) (I) The people intend that debt service on the following obligations
shall continue to be payable from Lottery Program Net Proceeds
to the extent allowed in Section 3(1)(a) above:
(A) State of Colorado Certificates of Deposit (1979); Wheat Ridge,
Colorado Project, in the original principal amount of $6,895,000
(Issue A); Pueblo, Colorado Project, in the original principal
amount of $5,320,000 (Issue B); Grand Junction, Colorado Project
in the original principal amount of $4,735,000 (Issue C);
(B) original principal amount of $36,495,000 Colorado Health Facilities
Authority Certificates of Deposit (1986) (Youth Services, Developmental
Disabilities Projects);
(C) original principal amount of $36,000,000 Colorado Convention
Center Contract with the City and County of Denver (1987);
(D) original principal amount of $63,025,000 State of Colorado
Certificates of Deposit (1988) Master Lease Purchase Agreement
(Correctional Facilities Project);
(E) original principal amount of $66,894,861.85 State of Colorado
Certificates of Deposit (1989) Master Lease Purchase Agreement
(Various Projects); and
(F) original principal amount of $28,635,000 State of Colorado
Certificates of Deposit (1990) Master Lease Purchase Agreement
(Additional Projects).
(II) Except to the extent allowed in Section 3(1)(a) above for
refunding obligations, debt service on obligations originated
on or after January 1, 1992, shall not be payable from Net Proceeds.
(d) Notwithstanding the provisions of Section 3(1)(a) above, the
Board of the Trust Fund in its sole discretion may authorize payment
of Net Proceeds for additional amounts of interest above the amounts
authorized by Section 3(1)(a) for the refunding of any of the
obligations listed above in Section 3(1)(c).
(e) Nothing in this Section 3 shall prohibit the General Assembly
from appropriating additional amounts from sources other than
Net Proceeds or the Trust Fund for payment of the obligations
listed above in Section 3(1)(c)(I) if Net Proceeds set aside,
allocated, allotted, and continuously appropriated for such purpose
by this Article are less than amounts needed for debt service
on such obligations. Debt service payable prior to September 1,
1993, according to the terms of the documents originating such
obligations shall not be paid from Net Proceeds allocated pursuant
to this Article.
(2) From July 1, 1993, the following sums of money and property,
in addition to Net Proceeds as set forth in Section 3(1) above,
are set aside, allocated, allotted, and continuously appropriated
in trust to the Board of the Trust Fund:
(a) All interest derived from moneys held in the Trust Fund;
(b) Any property donated specifically to the State of Colorado
for the specific purpose of benefitting the Trust Fund, including
contributions, grants, gifts, bequests, donations, and federal,
state, or local grants; and
(c) Such other moneys as may be allocated to the Trust Fund by
the General Assembly.
Section 4. Fund to remain inviolate. All moneys deposited in the Trust Fund shall remain in trust
for the purposes set forth in this article, and no part thereof
shall be used or appropriated for any other purpose, nor made
subject to any other tax, charge, fee or restriction.
Section 5. Trust Fund expenditures.
(1) (a) Expenditures from the Trust Fund shall be made in furtherance
of the Great Outdoors Colorado Program, and shall commence in
State Fiscal Year 1993-94. The Board of the Trust Fund shall have
the duty to assure that expenditures are made for the purposes
set forth in this section and in section 6, and that the amounts expended for each of the following purposes over
a period of years be substantially equal:
(I) Investments in the wildlife resources of Colorado through
the Colorado Division of Wildlife, including the protection and
restoration of crucial wildlife habitats, appropriate programs
for maintaining Colorado's diverse wildlife heritage, wildlife
watching, and educational programs about wildlife and wildlife
environment, consistent with the purposes set forth in Section
1(1)(a) of this article;
(II) Investments in the outdoor recreation resources of Colorado
through the Colorado Division of Parks and Outdoor Recreation,
including the State Parks System, trails, public information and
environmental education resources, and water for recreational
facilities, consistent with the purposes set forth in Section
1(1)(b) of this article;
(III) Competitive grants to the Colorado Divisions of Parks and
Outdoor Recreation and Wildlife, and to counties, municipalities
or other political subdivisions of the state, or non-profit land
conservation organizations, to identify, acquire and manage open
space and natural areas of statewide significance, consistent
with the purposes set forth in Section 1(1)(c) of this article;
and
(IV) Competitive matching grants to local governments or other
entities which are eligible for distributions from the conservation
trust fund, to acquire, develop or manage open lands and parks,
consistent with the purposes set forth in Section 1(1)(d) of this
article;
(b) Provided, however, that the State Board of the Great Outdoors
Colorado Trust Fund shall have the discretion (a) to direct that
any portion of available revenues be reinvested in the Trust Fund
and not expended in any particular year, (b) to make other expenditures
which it considers necessary and proper to the accomplishment
of the purposes of this amendment.
(2) All funds provided to state agencies from the Trust Fund shall
be deemed to be custodial in nature, and the expenditure of those
funds shall not be subject to legislative appropriation or restriction.
Section 6. The State Board of the Great Outdoors Colorado Trust Fund.
(1) There shall be established a State Board of the Great Outdoors
Colorado Trust Fund. The Board shall consist of two members of
the public from each congressional district, a representative
designated by the State Board of Parks and Outdoor Recreation,
a representative designated by the Colorado Wildlife Commission,
and the Executive Director of the Department of Natural Resources.
The public members of the Board shall be appointed by the Governor,
subject to the consent of the Senate, for terms of four years--
provided, however, that when the first such members are appointed,
one of the public members from each congressional district shall
be appointed for a two-year term, to assure staggered terms of
office thereafter. At least two members shall reside west of the
Continental Divide. At least one member shall represent agricultural
interests. The public members of the board shall be entitled to
a reasonable per diem compensation to be determined by the Board
plus their actual expenses for each meeting of the Board or a
committee of the Board. The Board's composition shall reflect,
to the extent practical, Colorado's gender, ethnic and racial
diversity, and no two of the representatives of any one congressional
district shall be members of the same political party. Members
of the Board shall be subject to removal as provided in Article
IV, Section 6 of this constitution.
(2) The Board shall be responsible for, and shall have the power
to undertake the following actions:
(a) To direct the Treasurer to disburse expendable income from
the Trust Fund as the Board may determine by resolution, and otherwise
to administer the Trust Fund, provided, however, that the Board
shall not have the power to acquire any interest in real property
other than (I) temporarily to hold real property donated to it
and (II) to acquire leased office space;
(b) To promulgate rules and regulations as are necessary or expedient
for the conduct of its affairs and its meetings and of meetings
of any committees and generally for the administration of this
article, provided, however, that such rules and regulations shall
give the public an opportunity to comment on the general policies
of the Board and upon specific grant proposals before the Board;
(c) To cause to be published and distributed an annual report,
including a financial report, to the citizens, the Governor and
the General Assembly of Colorado, which will set out the Board's
progress in administering the funds appropriated to it, and the
Board's objectives and its budget for the forthcoming year, and
to consult with the General Assembly from time to time concerning
its objectives and its budget;
(d) To administer the distribution of grants pursuant to Sections
1(1)(c), 1(1)(d), 5(1)(a)(III), and 5(1)(a)(IV) of this article,
with the expense of administering said grants to be defrayed from
the funds made available to the program elements of said sections;
(e) Commencing July 1, 1993, to determine what portions, if any,
of moneys allocated to the Trust Fund should be invested in an
interest-bearing Trust Fund account by the Treasurer of the State
of Colorado, to remain in the Trust Fund and available for expenditure
in future years;
(f) To employ such staff and to contract for such office space
and acquire such equipment and supplies and enter into such other
contracts as it may consider necessary from time to time to accomplish
its purposes, and to pay the cost thereof from the funds appropriated
to the Board under this article, provided, however, that to the
extent it is reasonably feasible to do so the Board shall (I)
contract with the Colorado Department of Natural Resources or
other state agency for necessary administrative support and (II)
endeavor to keep the level of administrative expense as low as
may be practicable in comparison with its expenditures for the
purposes set forth in Section 1 of this article, and the Board
may contract with the State Personnel Board or any successor thereof
for personnel services.
(3) The Board shall be a political subdivision of the state, and
shall have all the duties, privileges, immunities, rights, liabilities
and disabilities of a political subdivision of the state, provided,
however, that its organization, powers, revenues and expenses
shall not be affected by any order or resolution of the general
assembly, except as provided in this constitution. It shall not
be an agency of state government, nor shall it be subject to administrative
direction by any department, commission, board, bureau or agency
of the state, except to the extent provided in this constitution.
The Board shall be subject to annual audit by the state auditor,
whose report shall be a public document. The Board shall adopt
rules permitting public access to its meetings and records which
are no less restrictive than state laws applicable to state agencies,
as such laws may be amended from time to time. The Board members,
officers and directors of the Board shall have no personal liability
for any actions or refusal to act by the Board as long as such
action or refusal to act did not involve willful or intentional
malfeasance or gross negligence.
Section 7. No effect on Colorado water law. Nothing in this article shall affect in any way whatsoever any
of the provisions under Article XVI of the State Constitution
of Colorado, including those provisions related to water, nor
any of the statutory provisions related to the appropriation of
water in Colorado.
Section 8. No substitution allowed. The people intend that the allocation of lottery funds required
by this article of the constitution be in addition to and not
a substitute for funds otherwise appropriated from the General
Assembly to the Colorado Department of Natural Resources and its
divisions.
Section 9. Eminent domain. No moneys received by any state agency pursuant to this article
shall be used to acquire real property by condemnation through
the power of eminent domain.
Section 10. Payment in lieu of taxes. Any acquisitions of real property made by a state agency pursuant
to this article shall be subject to payments in lieu of taxes
to counties in which said acquisitions are made. Such payments
shall be made from moneys made available by the Trust Fund, and
shall not exceed the rate of taxation for comparable property
classifications.
Section 11. Effective date. This article shall become effective upon proclamation by the
governor, and shall be self-implementing. This article shall apply
to each distribution of net proceeds from the programs operated
under the authority of Article XVIII, Section 2 of the Colorado
Constitution, whether by the Colorado Lottery Commission or otherwise,
made after July 1, 1993 and shall supersede any provision to the
contrary in Article XVIII, Section 2 or any other provision of
law.
Adopted by the People of the State of Colorado on November 3,
1992.