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SENATE BILL 26-088
BY SENATOR(S) Kirkmeyer and Carson, Baisley, Bright, Catlin, Frizell,
Liston, Pelton B., Pelton R., Rich, Simpson, Wallace, Zamora Wilson;
also REPRESENTATIVE(S) Winter T. and Martinez, Bacon, Barron,
Boesenecker, Brown, Caldwell, Clifford, Duran, Hamrick, Lieder, Lindsay,
Nguyen, Rutinel, Story, Taggart, Valdez, Weinberg, Woog.
CONCERNING THE GROUNDS SURROUNDING THE STATE CAPITOL BUILDING,
AND, IN CONNECTION THEREWITH, PROVIDING FOR THE MAINTENANCE
AND REPAIR OF MEMORIALS AND MONUMENTS ON THE CAPITOL
GROUNDS AND IN LINCOLN VETERANS' MEMORIAL PARK.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-80-1401, amend
(1), (4), and (5); repeal (2) and (3); and add (5.5) as follows:
24-80-1401. Colorado veterans' monument preservation trust
fund - state historical society - park name change - report.
(1) There is hereby created in the state treasury the Colorado
veterans' monument preservation trust fund, referred to in this section as the
"trust fund", the principal of which shall consist CONSISTS of funds MONEY
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
made available from private GIFTS, GRANTS, AND donations received by the
department of personnel STATE HISTORICAL SOCIETY, MONEY CREDITED TO
THE TRUST FUND AS SPECIFIED IN SUBSECTION (4)(e) OF THIS SECTION, and
any funds appropriated thereto MONEY TRANSFERRED TO THE TRUST FUND
by the general assembly. All moneys MONEY deposited in the trust fund and
all interest earned in the trust fund shall remain REMAINS in the trust for the
purposes as set forth in this part 14 SECTION, and no portion thereof shall OF
THE TRUST FUND MAY be expended or appropriated for any other purpose.
THE PRINCIPAL OF THE TRUST FUND AND ANY UNAPPROPRIATED INTEREST
EARNED ON THE PRINCIPAL OF THE TRUST FUND AT THE CLOSE OF ANY FISCAL
YEAR REMAIN IN THE TRUST FUND AND MAY NOT BE TRANSFERRED TO OR
REVERT TO THE GENERAL FUND.
(2) There is hereby created a preservation trust committee for the
purpose of overseeing and making allocations out of the trust fund. The
preservation trust committee shall be comprised of four members. One
member shall be a representative or designee of the Colorado board of
veterans affairs, created in section 28-5-702, one member shall be a member
or designee of the state capitol building advisory committee, created in
section 24-82-108, one member shall be a veteran appointed jointly by the
speaker of the house of representatives and the president of the senate, and
one member shall be a representative of the department of personnel that
oversees real estate services, who shall be an ex officio nonvoting member.
(3) (a) The initial term for the member representing the Colorado
board of veterans affairs and for the member representing the state capitol
building advisory committee shall be three years. Thereafter, those
members' terms shall be two-year terms. Except as provided in paragraph
(b) of this subsection (3), the member appointed by the speaker of the house
of representatives and the president of the senate shall serve a two-year
term. Any vacancy on the committee shall be filled in the same manner
provided for original appointments for the remainder of an unexpired term.
(b) The term of the member appointed by the speaker of the house
of representatives and the president of the senate and who is serving on
March 22, 2007, shall be extended to and expire on or shall terminate on the
convening date of the first regular session of the sixty-seventh general
assembly. As soon as practicable after such convening date, the speaker and
the president shall jointly appoint or reappoint one member in the same
manner as provided in paragraph (a) of this subsection (3). Thereafter, the
PAGE 2-SENATE BILL 26-088
term of the member appointed or reappointed by the speaker and the
president shall expire on the convening date of the first regular session of
each general assembly, and all subsequent appointments and reappointments
by the speaker and the president shall be made as soon as practicable after
such convening date. Members appointed or reappointed by the speaker and
the president shall serve at the pleasure of the appointing authority and shall
continue in office until the member's successor is appointed.
(4) (a) T HE PURPOSES OF THE TRUST FUND ARE TO MAINTAIN ,
ENHANCE, AND REPAIR MONUMENTS AND MEMORIALS IN LINCOLN
VETERANS' MEMORIAL PARK AND ON THE GROUNDS SURROUNDING THE
STATE CAPITOL BUILDING.
(b) The preservation trust committee shall have STATE HISTORICAL
SOCIETY CREATED IN PART 2 OF THIS ARTICLE 80 HAS discretion in
determining the amount of funds MONEY to allocate from the trust fund to
meet the purposes of this part 14. Except that AS OTHERWISE PROVIDED IN
SUBSECTIONS (4)(c) TO (4)(f) OF THIS SECTION , only the interest derived
from the principal in the trust fund may be expended by the preservation
trust committee. All gifts, grants, and donations received by the department
of personnel pursuant to subsection (5) of this section shall be credited to
the trust fund and retained as principal in the trust fund STATE HISTORICAL
SOCIETY. All interest earned on the investment of money in the TRUST fund
shall be IS continuously appropriated to the department of personnel for
allocation to the preservation trust committee STATE HISTORICAL SOCIETY.
The preservation trust committee STATE HISTORICAL SOCIETY shall
determine annually how much of the interest generated from the principal
in the trust fund will be spent and shall determine and approve what types
of maintenance and repair work will be performed for the purposes of
maintaining, enhancing, and repairing the Colorado veterans' monument and
any fallen heroes memorials in Lincoln veterans' memorial park in Denver,
Colorado, and for maintaining Lincoln veterans' memorial park. The
principal of the trust fund and any unappropriated interest earned on the
principal of the trust fund at the close of any fiscal year shall remain in the
trust fund and shall not be transferred to or revert to the general fund SET
FORTH IN SUBSECTION (4)(a) OF THIS SECTION.
(c) SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY , THE
STATE HISTORICAL SOCIETY MAY EXPEND PRINCIPAL FROM THE TRUST FUND
FOR THE PURPOSES SET FORTH IN SUBSECTION (4)(a) OF THIS SECTION IN
PAGE 3-SENATE BILL 26-088
STATE FISCAL YEAR 2027-2028 AND ONCE EVERY TWENTY STATE FISCAL
YEARS THEREAFTER.
(d) THE STATE HISTORICAL SOCIETY MAY EXPEND PRINCIPAL FROM
THE TRUST FUND FOR UNEXPECTED MAINTENANCE THAT IS NOT COVERED BY
INSURANCE, AS LONG AS THE MAINTENANCE IS NECESSARY AND SUFFICIENT
PRINCIPAL EXISTS IN THE TRUST FUND.
(e) MONEY GIFTED, GRANTED, DONATED, OR OTHERWISE CREDITED
TO THE TRUST FUND IN CONNECTION WITH THE PLACEMENT OF AN APPROVED
OBJECT OF ART OR MEMORIAL ON THE GROUNDS SURROUNDING THE STATE
CAPITOL BUILDING, AS DESCRIBED IN SECTION 24-82-108 (3)(h)(IV), IS
CONTINUOUSLY APPROPRIATED TO THE STATE HISTORICAL SOCIETY FOR THE
LIFETIME MAINTENANCE OF THE OBJECT OF ART OR MEMORIAL.
(f) DONATIONS MADE IN CONNECTION WITH A PERMIT TO USE THE
LINCOLN VETERANS' MEMORIAL PARK ARE CONTINUOUSLY APPROPRIATED
TO THE STATE HISTORICAL SOCIETY FOR MAINTAINING AND RESTORING
MONUMENTS AND MEMORIALS IN LINCOLN VETERANS' MEMORIAL PARK.
(5) The department of personnel STATE HISTORICAL SOCIETY is
authorized to receive gifts, grants, and donations from private or public
sources for the trust fund. Such THE gifts, grants, and donations together
with any other money appropriated or transferred by the general assembly,
shall MUST be transmitted to the state treasurer, who shall credit the same
to the trust fund. Money in the trust fund shall be used for maintaining and
enhancing the Colorado veterans' monument and Lincoln veterans'
memorial park, but shall not be used to supplant existing appropriations for
maintenance of the monument or Lincoln veterans' memorial park. EXCEPT
AS OTHERWISE SPECIFIED IN SUBSECTION (4) OF THIS SECTION , ALL GIFTS,
GRANTS, AND DONATIONS RECEIVED BY THE STATE HISTORICAL SOCIETY
PURSUANT TO THIS SUBSECTION (5) MUST BE RETAINED AS PRINCIPAL IN THE
TRUST FUND . For purposes of section 20 of article X of the state
constitution, any donations received for the trust fund shall not be ARE NOT
included in state fiscal year spending.
(5.5) ON OR BEFORE DECEMBER 31, 2026, AND ON OR BEFORE EACH
DECEMBER 31 THEREAFTER, THE STATE HISTORICAL SOCIETY SHALL SUBMIT
A REPORT TO THE STATE CAPITOL BUILDING ADVISORY COMMITTEE CREATED
IN SECTION 24-82-108. THE REPORT MUST INCLUDE INFORMATION ON:
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(a) THE STATE HISTORICAL SOCIETY'S PLANS TO MAINTAIN, ENHANCE,
AND REPAIR MONUMENTS AND MEMORIALS IN LINCOLN VETERANS '
MEMORIAL PARK AND ON THE GROUNDS SURROUNDING THE STATE CAPITOL
BUILDING; AND
(b) THE ACTUAL AND PLANNED USE OF MONEY IN THE TRUST FUND.
SECTION 2. In Colorado Revised Statutes, 24-82-108, add
(3)(h)(IV) as follows:
24-82-108. State capitol building advisory committee - creation
- duties - legislative declaration - repeal.
(3) Duties of the advisory committee. The advisory committee has
the duties specified in subsections (3)(a) to (3)(i) of this section.
(h) Proposals for a gift or loan of art and memorials.
(IV) BEFORE RECOMMENDING A PROPOSAL FOR THE PLACEMENT OF
AN OBJECT OF ART OR MEMORIAL ON THE SURROUNDING GROUNDS OF THE
CAPITOL TO THE CAPITAL DEVELOPMENT COMMITTEE AND THE GOVERNOR
FOR APPROVAL, THE ADVISORY COMMITTEE SHALL ENSURE THAT THE
PROPOSAL INCLUDES FUNDING SUFFICIENT TO PROVIDE LIFETIME
MAINTENANCE OF THE PROPOSED OBJECT OF ART OR MEMORIAL. ONLY A
PROPOSAL THAT DEDICATES AT LEAST FIVE PERCENT OF ITS TOTAL BUDGET
TO MAINTENANCE INCLUDES FUNDING SUFFICIENT TO PROVIDE LIFETIME
MAINTENANCE OF THE PROPOSED OBJECT OF ART OR MEMORIAL. AFTER THE
CAPITAL DEVELOPMENT COMMITTEE AND THE GOVERNOR APPROVE A
PROPOSAL FOR THE PLACEMENT OF AN OBJECT OF ART OR MEMORIAL ON THE
SURROUNDING GROUNDS OF THE CAPITOL IN ACCORDANCE WITH SUBSECTION
(3)(h)(I)(B) OF THIS SECTION, THE MONEY IDENTIFIED IN THE PROPOSAL FOR
THE LIFETIME MAINTENANCE OF THE PROPOSED OBJECT OF ART OR
MEMORIAL MUST BE GIFTED, GRANTED, DONATED, OR OTHERWISE CREDITED
TO THE COLORADO VETERANS ' MONUMENT PRESERVATION TRUST FUND
CREATED IN SECTION 24-80-1401.
SECTION 3. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
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the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
James Rashad Coleman, Sr. Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
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