2023 Colorado Revised Statutes › Title 22 - EDUCATION (§§ 22-1-101 — 22-108-109) › FINANCIAL POLICIES AND PROCEDURES (§§ 22-40-101 — 22-45-113) › Article 43.7 - Capital Construction Assistance (§§ 22-43.7-101 — 22-43.7-203) › Part 1 - SCHOOL DISTRICT CAPITAL CONSTRUCTIONASSISTANCE PROGRAM (§§ 22-43.7-101 — 22-43.7-116) › Section 22-43.7-102 - Legislative findings and declarations

(1)
The general assembly hereby finds and declares that:
(a)
Colorado school districts, boards of cooperative services, and charter schools have differing financial abilities to meet students' fundamental educational needs, including the need for new public schools and renovations or for controlled maintenance at existing public schools so that unsafe, deteriorating, or overcrowded facilities do not impair students' abilities to learn.
(b)
The establishment of a program to provide financial assistance to school districts, boards of cooperative services, and charter schools throughout the state that have difficulty financing new capital construction projects and renovating and maintaining existing facilities will help such districts, boards of cooperative services, and charter schools to meet students' fundamental educational needs.
(2)
The general assembly further finds and declares that:
(a)
Rental income, royalties, interest, and other income other than land sale proceeds derived from state school lands may be used to support the public schools of the state.
(b)
It is necessary and appropriate for the state to build excellent schools today by assisting school districts, boards of cooperative services, and charter schools in completing needed public school facility capital construction projects more quickly by:
(I)
Entering into financed purchase of an asset or certificate of participation agreements for the purpose of financing such projects; and
(II)
Subject to the annual appropriation of such money by the general assembly, using a portion of the rental income and royalties derived from state school lands and, unless and until the state treasurer, pursuant to section
22-43.7-104(2)(b)(I)(B)
, provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make lease payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section
22-43.7-110(2)
will prevent the interest component of the payments from qualifying for exemption from federal income taxation and at any time after the state treasurer, pursuant to section
22-43.7-104(2)(b)(I)(C)
, has rescinded any such determination, interest, and other income, other than land sale proceeds, derived from state school lands, as well as certain other available state money and matching money provided by school districts, boards of cooperative services, and charter schools, to make payments payable under the terms of the financed purchase of an asset or certificate of participation agreements.
(c)
It is also necessary and appropriate for the state to use a portion of such rental income and royalties and, unless and until the state treasurer, pursuant to section
22-43.7-104(2)(b)(I)(B)
, provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section
22-43.7-110(2)
will prevent the interest component of the payments from qualifying for exemption from federal income taxation and at any time after the state treasurer, pursuant to section
22-43.7-104(2)(b)(I)(C)
, has rescinded any such determination, interest and other income, as well as certain other available state money to continue to provide financial assistance to school districts, boards of cooperative services, and charter schools in the form of cash funding for school renovation and controlled maintenance projects.
(d)
In accordance with the decision of the Colorado court of appeals in the case denominated
Colorado Criminal Justice Reform Coalition v. Ortiz
, Case No. 04 CA 0879 (April 7, 2005), the financed purchase of an asset or certificate of participation agreements to be entered into by the state pursuant to this article 43.7 do not constitute a multiple-fiscal year direct or indirect district debt or other financial obligation whatsoever for purposes of section 20 (4)(a) of article X of the state constitution.
(e)
The provision of financial assistance for public school facility capital construction pursuant to this article meets the requirements of section 3 of article IX of the state constitution and shall be applied first to satisfy the legal obligations of the state under the settlement reached in the case denominated
Giardino v. Colorado State Board of Education, et al.
, Case No. 98 CV 246, in the district court for the city and county of Denver.
Amended by 2021 Ch. 325,§14, eff. 7/1/2021.
L. 2008: Entire article R&RE, p. 1040, § 1, effective May 22. L. 2009: (2)(b)(II) and (2)(c) amended, (SB 09-257), ch. 2363, p. 2363, § 1, effective June 4. L. 2021: (2)(b), (2)(c), and (2)(d) amended, (HB 21-1316), ch. 2001, p. 2001, § 14, effective July 1.