2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE PROPERTY (§§ 24-82-101 — 24-82.5-101) › Article 82 - STATE PROPERTY (§§ 24-82-101 — 24-82-1303) › Part 7 - MASTER LEASING (§§ 24-82-701 — 24-82-709) › Section 24-82-705 - Terms and conditions of financed purchase of an asset or certificate of participation agreements

Any additional financed purchase of an asset or certificate of participation agreement entered into by the director pursuant to this part 7 may contain such terms, provisions, and conditions as the director may deem appropriate. Such provisions may allow the state to receive fee title to the real and personal property which is the subject of such additional financed purchase of an asset or certificate of participation agreement on or prior to the expiration of the entire term of the agreement, including all optional renewal terms. Any additional financed purchase of an asset or certificate of participation agreement entered into pursuant to this part 7 may further provide for the issuance, distribution, and sale of instruments evidencing rights to receive rentals and other payments made and to be made under such additional financed purchase of an asset or certificate of participation agreement, but only if and after a court of competent jurisdiction renders a final decision as to the constitutionality of the issuance of certificates of participation or other instruments evidencing the commitment of a district to make payments in subsequent fiscal years of money due under an installment purchase agreement for the purchase of real or personal property which requires payments during more than one fiscal year, or any agreement for the lease or rental of real or personal property which requires payments during more than one fiscal year and under which such district is entitled to receive title to the property at the end of the term for nominal or no additional consideration. Such instruments shall not be notes, bonds, or any other evidence of indebtedness of the state of Colorado within the meaning of any provision of the Colorado constitution or the laws of the state of Colorado concerning or limiting the creation of indebtedness by the state of Colorado. Interest paid under any additional financed purchase of an asset or certificate of participation agreement entered into pursuant to this part 7, including interest represented by such instruments, shall be exempt from Colorado income tax. Any such additional financed purchase of an asset or certificate of participation agreements shall provide an option for the state to purchase the property that is the subject of the agreement prior to the termination of such additional financed purchase of an asset or certificate of participation agreement. In no event shall any individual representing a firm that was the successful bidder for a proposed financial services contract, which contract related to a master financing program, prior to June 20, 1987, be allowed to become the underwriter or financial advisor for any master financed purchase of an asset or certificate of participation agreement entered into by the director prior to June 30, 1988, pursuant to this part 7.
Amended by 2021 Ch. 325, § 52, eff. 7/1/2021.
L. 87: Entire part added, p. 1117, § 1, effective June 20. L. 93: Entire section amended, p. 2033, § 3, effective June 9.