First Regular Session

Seventieth General Assembly

STATE OF COLORADO

INTRODUCED
SENATE BILL 15-081

LLS NO. 15-0090.01 Jason Gelender x4330

SENATE SPONSORSHIP
Crowder,

HOUSE SPONSORSHIP
(None),

Senate Committees

House Committees

Finance

A BILL FOR AN ACT

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102

CONCERNING

THE

USE

OF

NET

LOTTERY

PROCEEDS

FOR

RECREATIONAL BICYCLE TRAILS.

Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://www.leg.state.co.us/billsummaries.)
The bill expresses the intent of the general assembly that the
division of parks and wildlife (division) and local governments spend
some of the net lottery proceeds that they receive to construct and expand
recreational bicycle trails along state highways, county roads, and
municipal streets and clarifies that the following classes of
constitutionally allocated net lottery proceeds are eligible for expenditure
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

for that purpose:

!
The 40% of net lottery proceeds that are allocated to the
conservation trust fund for distribution to municipalities,
counties, and other eligible parties for parks, recreation,
and open space purposes;
!
The portion of the 40% of net lottery proceeds that is
allocated to the great outdoors Colorado trust fund and
further suballocated to the division for investments in the
outdoor recreation resources of Colorado; and
!
The 10% of net lottery proceeds that are allocated to the
division for the acquisition, development, and improvement
of new and existing state parks, recreation areas, and
recreational trails.

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Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, add 33-60-104.3 as
follows:
33-60-104.3. Use of net lottery proceeds for bicycle trails along

roadways - definition - legislative declaration. (1) THE

ASSEMBLY HEREBY FINDS AND DECLARES THAT:

GENERAL

(a) MANY COLORADANS ENJOY BICYCLING AS A RECREATIONAL

ACTIVITY, THAT BICYCLISTS USE BICYCLE TRAILS ALONG AND ON EXISTING

ROADWAYS FOR RECREATIONAL PURPOSES AND TO ACCESS ADDITIONAL

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RECREATIONAL OPPORTUNITIES, AND THAT SUBSTANTIAL PORTIONS OF NET

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LOTTERY PROCEEDS ARE CONSTITUTIONALLY DEDICATED FOR OUTDOOR

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RECREATIONAL PURPOSES AND MAY BE EXPENDED TO CONSTRUCT AND

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EXPAND RECREATIONAL BICYCLE TRAILS ALONG AND ON EXISTING

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ROADWAYS; AND

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(b) IT

IS THE INTENT OF THE GENERAL ASSEMBLY TO CLARIFY

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WHICH ALLOCATIONS OF NET LOTTERY PROCEEDS MAY BE EXPENDED TO

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CONSTRUCT AND EXPAND RECREATIONAL BICYCLE TRAILS AND TO

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ENCOURAGE BOTH THE DIVISION AND LOCAL GOVERNMENTS TO SPEND A

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SB15-081

PORTION OF THE NET LOTTERY PROCEEDS THEY RECEIVE TO CONSTRUCT

AND EXPAND SUCH TRAILS.

(2) AS USED IN THIS SECTION, "RECREATIONAL BICYCLE TRAIL"

MEANS A ROAD, STREET, PATH, OR TRAIL THAT IS SPECIFICALLY

DESIGNATED FOR BICYCLE TRAVEL AND IS LOCATED ALONG OR ON A STATE

HIGHWAY, COUNTY ROAD, OR CITY STREET. THE TERM INCLUDES:

(a) A SHARED USE PATH THAT IS PHYSICALLY SEPARATED FROM

MOTORIZED

NONMOTORIZED USERS OTHER THAN BICYCLISTS; AND

VEHICLE

TRAFFIC

AND

AVAILABLE

FOR

USE

BY

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(b) A BICYCLE LANE THAT IS PART OF A ROADWAY THAT IS OPEN TO

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MOTOR VEHICLE TRAVEL BUT IS DESIGNATED BY STRIPING, SIGNING, AND

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PAVEMENT MARKINGS FOR THE PREFERENTIAL OR EXCLUSIVE USE OF

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BICYCLISTS.

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(3) NET LOTTERY PROCEEDS FROM THE FOLLOWING ALLOCATIONS

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OF NET LOTTERY PROCEEDS MAY BE EXPENDED TO CONSTRUCT AND

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EXPAND RECREATIONAL BICYCLE TRAILS:

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(a) NET LOTTERY PROCEEDS ALLOCATED TO THE CONSERVATION

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TRUST FUND FOR DISTRIBUTION TO MUNICIPALITIES, COUNTIES, AND OTHER

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ELIGIBLE ENTITIES FOR PARKS, RECREATION, AND OPEN SPACE PURPOSES

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AS SPECIFIED IN SECTION 33-60-104 (1) (a);

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(b) NET

LOTTERY PROCEEDS ALLOCATED TO THE DIVISION AS

SPECIFIED IN SECTION 33-60-104 (1) (b); AND

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(c) THE PORTION OF NET LOTTERY PROCEEDS ALLOCATED IN TRUST

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TO THE TRUST FUND BOARD, AS SPECIFIED IN SECTION 33-60-104 (1) (c),

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THAT IS SUBALLOCATED FOR INVESTMENTS IN THE OUTDOOR RECREATION

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RESOURCES OF

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ARTICLE XXVII OF THE STATE CONSTITUTION.

COLORADO

AS SPECIFIED IN SECTION

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SECTION 2. In Colorado Revised Statutes, 24-35-210, amend

(4.1) (c) as follows:

24-35-210. Lottery fund. (4.1) (c) The lottery money available

for appropriation to the division of parks and wildlife pursuant to

paragraph (b) of this subsection (4.1) shall be appropriated and expended

for the acquisition and development of new state parks, new state

recreation areas, or new recreational trails, for the expansion of existing

state parks, state recreation areas, or recreational trails, or for capital

improvements of both new and existing state parks, state recreation areas,

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or recreational trails. Except as provided in section 33-60-105, C.R.S., in

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addition to appropriation for the division's capital construction budget,

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said lottery money may be appropriated for the division's operating

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budget for expenditures attributable to the maintenance and operation of

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state parks, state recreation areas, or recreational trails, or any portions

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thereof, that have been acquired or developed with lottery money. FOR

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PURPOSES OF THIS PARAGRAPH

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BUT IS NOT LIMITED TO, RECREATIONAL BICYCLE TRAILS, AS DEFINED IN

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SECTION 33-60-104.3 (2), C.R.S.

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(c), "RECREATIONAL TRAILS" INCLUDES,

SECTION 3. In Colorado Revised Statutes, 29-21-101, amend

(4) as follows:

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29-21-101. Conservation trust funds - definitions. (4) All

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moneys received from the state by each eligible entity pursuant to this

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section shall be deposited in its conservation trust fund and shall be

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expended only for the acquisition, development, and maintenance of new

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conservation sites or for capital improvements or maintenance for

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recreational purposes on any public site. FOR

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SUBSECTION (4), THE CONSTRUCTION OR EXPANSION OF A RECREATIONAL

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PURPOSES OF THIS

SB15-081

BICYCLE TRAIL, AS DEFINED IN SECTION

33-60-104.3 (2), C.R.S.,

CAPITAL IMPROVEMENT FOR A RECREATIONAL PURPOSE. An eligible entity

shall not deposit any other moneys in its conservation trust fund. All

interest earned on the investment of moneys in a local conservation trust

fund shall be credited to the fund and shall be expended only for purposes

authorized by this article.

IS A

SECTION 4. Effective date. This act takes effect July 1, 2015.

SECTION 5. Safety clause. The general assembly hereby finds,

determines, and declares that this act is necessary for the immediate

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preservation of the public peace, health, and safety.

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