CO Code § 33-60-103 (2021)
2021 Colorado Code|Title 33 - Parks and Wildlife|Article 60 - Great Outdoors Colorado Program - Implementation|§ 33-60-103. Distribution of Net Lottery Proceeds - Fourth Quarter of Fiscal Year 1992-93 Through Fourth Quarter of Fiscal Year 1997-98 - Insufficiency - Loan - Repayment From Net Lottery Proceeds

  Beginning with the proceeds from the fourth quarter of fiscal year 1992-93 through the fourth quarter of fiscal year 1997-98, the state treasurer shall make monthly distributions of net lottery proceeds as follows:   and (a.5) Repealed.      No later than September 1, 1993, the state treasurer shall pay the sum of six million dollars out of net lottery proceeds to the city and county of Denver as the final payment under the Colorado convention center contract between the state and the city and county of Denver in the original amount of $36,000,000. (b) (I) No later than September 1, 1993, the state treasurer shall pay the sum of six million dollars out of net lottery proceeds to the city and county of Denver as the final payment under the Colorado convention center contract between the state and the city and county of Denver in the original amount of $36,000,000.    In the event the trust fund board submits a resolution approved by a majority of the members of such board to the state treasurer authorizing that the payment specified in subparagraph (I) of this paragraph (b) be made before September 1, 1993, the state treasurer shall make the payment on that date. Copies of any such resolution shall be submitted to the general assembly and the city and county of Denver.       To the debt service repayment account in the capital construction fund created pursuant to the provisions of section 24-75-302 (3), in an amount sufficient to defray all payments of principal and interest due on or before the date of the distribution for the payment of the following outstanding financial obligations of the state:   1992 master financed purchase of an asset agreement in the original principal amount of $108,310,000, less the principal amount of $5,700,000 or the appraised value, whichever is greater, for the Kipling facility building, which shall not be included. The 1992 master financed purchase of an asset agreement represents the refunding of the following certificates of participation:   1979 certificates of participation for the following projects: Wheat Ridge, Colorado project (issue A) in the original amount of $6,895,000; Pueblo, Colorado project (issue B) in the original amount of $5,320,000; and Grand Junction, Colorado project (issue C) in the original amount of $4,735,000;    1986 master financed purchase of an asset agreement in the original amount of $36,495,000;    1988 master financed purchase of an asset agreement in the original amount of $63,025,000;    1989 master financed purchase of an asset agreement in the original amount of $66,894,861.85; except that such refunding represents only that portion of the certificates which mature on and after November 1, 1999;       1990 master financed purchase of an asset agreement in the original amount of $28,635,000; and    1989 master financed purchase of an asset agreement in the original amount of $66,894,861.85, but only to the extent of payment for debt service from and including September 1, 1993, to and including November 30, 1998.            Pursuant to article XXVII of the state constitution, payments on the obligations set forth in subsection (1) of this section shall be made from the lottery fund created in section 44-40-111 pursuant to the following schedule of principal and interest payments:    All principal and interest payment amounts set forth in paragraph (a) of this subsection (2) are subject to bank charges, arbitrage calculation, insurance premiums, and other miscellaneous charges which were not calculable at the time principal and interest payment amounts were determined and are determined and payable in the year in which any given payment is due. Such charges are a part of each payment due pursuant to the certificates of participation enumerated in this section.       Subject to the provisions of subsection (4) of this section, remaining net lottery proceeds, if any, shall be deposited no less frequently than quarterly in trust for the trust fund board. Deposits in trust for the trust fund board, or a portion thereof, may be deferred only to the extent that payments on certificates of participation pursuant to paragraph (c) of subsection (1) of this section are due on or before the date of distribution or balances due on loans authorized pursuant to subsection (4) of this section are outstanding on the date of distribution.    Pursuant to amendment XXVII of the state constitution, the sum of all distributions of net lottery proceeds made to the capital construction fund from the fourth quarter of fiscal year 1992-93 through the fourth quarter of fiscal year 1997-98 shall include payment in full of all debt service due from and including September 1, 1993, to and including November 30, 1998, on all obligations set forth in section 3 (1)(c) of article XXVII of the state constitution. In the event net lottery proceeds are insufficient to defray payments of principal and interest on the obligations according to the schedule set forth in subsection (2) of this section, the state treasurer shall transfer sufficient funds in an amount not to exceed the amount of such insufficiency to the debt service repayment account in the capital construction fund created by section 24-75-302 (3), C.R.S., for the purpose of defraying such payments. Such transfer shall be in the form of a loan from moneys in the general fund not immediately required to be disbursed and shall bear interest at the earnings rate calculated monthly by the state treasurer. In the event any such loan is required to be made, succeeding distributions of net lottery proceeds shall be made in accordance with subsections (1) and (2) of this section. Thereafter, net lottery proceeds in an amount not to exceed the outstanding amount of the loan plus interest accrued shall be transferred to the debt service repayment account in the capital construction fund created by section 24-75-302 (3), C.R.S., for the purpose of repaying the general fund for such loan. No distribution shall be made pursuant to subsection (3) of this section until the principal and interest on such loan is repaid in full.     History. Source: L. 93: Entire article added, p. 2020, § 1, effective June 9. L. 94: (1)(a) amended and (1)(a.5) added, p. 502, § 2, effective March 31. L. 2018: (1)(a) and (1)(a.5) repealed and IP(2)(a) amended,(HB 18-1027), ch. 31, p. 365, § 16, effective October 1. L. 2021: IP(1)(c), IP(1)(c)(I), (1)(c)(I)(B), (1)(c)(I)(C), (1)(c)(I)(D), (1)(c)(II), and (1)(c)(III) amended,(HB 21-1316), ch. 325, p. 2056, § 72, effective July 1.    ANNOTATION   Payments made under subsection (1)(c) on the 1992 refunding of certain state obligations may be paid from net proceeds of the state lottery without violating article XXVII of the state constitution. In re Great Outdoors Colo. Trust Fund, 913 P.2d 533 (Colo. 1996).   Savings resulting from the 1992 refunding of certain state obligations do not accrue to the great outdoors Colorado trust fund but instead to the capital construction fund. In re Great Outdoors Colo. Trust Fund, 913 P.2d 533 (Colo. 1996).   The general assembly's action in delaying the final payment on the Colorado convention center contract so that it would fall within the window prescribed by article XXVII of the state constitution did not violate the constitution. In re Great Outdoors Colo. Trust Fund, 913 P.2d 533 (Colo. 1996).