| The
language in
this proposal is language to be added to the Colorado Constitution.
Words that appear in all capital letters indicate new material to be added, words in strike-type indicate material to be deleted. |
Be it Enacted by the People of the State of Colorado:
Article XVIII of the constitution of the state of Colorado is amended by the ADDITION OF A NEW SECTION, to wit:
SECTION 11. LIMITED GAMING - Trinidad. (1) Declarations.
(a) THE PEOPLE OF THE STATE OF COLORADO ACKNOWLEDGE
THAT, AT THE NOVEMBER, 1992, GENERAL ELECTION, THE ELECTORATE
OF THE CITY OF TRINIDAD AND ITS COUNTY VOTED IN FAVOR OF A PROPOSAL
TO ALLOW A FUTURE LOCAL VOTE TO PERMIT LIMITED GAMING IN THE CITY
OF TRINIDAD.
(b) IT IS FURTHER ACKNOWLEDGED THAT THE VOTERS STATEWIDE
DECISIVELY FAVORED A PROPOSAL AT THAT SAME ELECTION TO REQUIRE
LOCAL VOTER APPROVAL AS A CONDITION FOR ANY FUTURE EXPANSION OF
LIMITED GAMING.
(c) IT IS FURTHER ACKNOWLEDGED THAT, DUE TO THE PERSISTENCE
OF DEPRESSED ECONOMIC CONDITIONS IN TRINIDAD, THE CITIZENS OF
TRINIDAD SHOULD BE ALLOWED TO DIVERSIFY THEIR LOCAL ECONOMY
THROUGH
THE DEVELOPMENT OF NEW INDUSTRIES AS THEY DEEM APPROPRIATE, WHICH
INDUSTRIES MAY INCLUDE LIMITED GAMING AS CONDUCTED ELSEWHERE IN
THE STATE.
(d) IT IS FURTHER ACKNOWLEDGED THAT THE CITY OF TRINIDAD
POSSESSES A UNIQUE COLLECTION OF HISTORIC BUILDINGS LOCATED WITHIN
THE CORAZON DE TRINIDAD NATIONAL HISTORIC DISTRICT WHICH ARE IN
DANGER OF IMMINENT LOSS TO POSTERITY UNLESS SUFFICIENT ECONOMIC
RESOURCES ARE SOON AVAILABLE TO RESTORE AND PRESERVE THEM.
(2) Authorization - Limited gaming - Trinidad.
ANY PROVISIONS OF SECTION 2 OF THIS ARTICLE XVIII OR ANY OTHER
PROVISIONS OF THIS CONSTITUTION TO THE CONTRARY NOTWITHSTANDING,
EFFECTIVE TWO HUNDRED AND TEN DAYS AFTER THE ELECTION AT WHICH
THIS SECTION IS APPROVED BY THE VOTERS LIMITED GAMING SHALL BE
AUTHORIZED, SUBJECT TO LOCAL VOTER APPROVAL AS PROVIDED IN SECTION
9 OF THIS ARTICLE, WITHIN THE CITY OF TRINIDAD. SUCH LIMITED
GAMING SHALL BE CONDUCTED IN ACCORDANCE WITH SECTION 9 OF THIS
ARTICLE EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION. THE PROVISIONS
OF SAID SECTION 9 ARE INCORPORATED HEREIN BY REFERENCE.
(3) THE ADMINISTRATION AND REGULATION OF THIS SECTION,
EXCEPT FOR THE PROVISIONS OF SUBSECTION (4) (a) AND SUBSECTION
(4) (b) OF THIS SECTION 11, SHALL BE UNDER THE LIMITED GAMING
CONTROL COMMISSION CREATED PURSUANT TO SECTION 9 OF THIS ARTICLE.
(4) (a) LIMITED GAMING UNDER THIS SECTION SHALL BE
CONFINED TO THE COMMERCIAL AREAS WITHIN BOUNDARIES COTERMINOUS
WITH THE BOUNDARIES OF THE CORAZON DE TRINIDAD NATIONAL HISTORIC
DISTRICT WHEN SAID DISTRICT WAS LISTED IN THE NATIONAL REGISTER
OF HISTORIC PLACES ON FEBRUARY 28, 1973. THE LOCATIONS WITHIN
SAID BOUNDARIES WHERE LIMITED GAMING MAY BE CONDUCTED SHALL BE
FURTHER RESTRICTED AS SET FORTH IN PARAGRAPH (b) OF THIS SUBSECTION
(4).
(b) LIMITED GAMING SHALL BE FURTHER RESTRICTED TO
COMMERCIAL BUILDINGS WHICH HAVE EXISTED SINCE PRIOR TO WORLD WAR
I AND TO RECONSTRUCTIONS OF COMMERCIAL BUILDINGS WHICH HAD EXISTED
PRIOR TO WORLD WAR I. ANY SUCH BUILDING SHALL CONFORM TO THE
REQUIREMENTS
OF APPLICABLE CITY ORDINANCES AND ZONING REGULATIONS OF THE CITY
OF TRINIDAD. EACH BUILDING SHALL REFLECT ITS ORIGINAL ARCHITECTURE
AS DETERMINED BY THE GOVERNING BODY OF THE CITY OF TRINIDAD OR
AS DETERMINED BY ANY MUNICIPAL AGENCY AS THE GOVERNING BODY MAY
AUTHORIZE.
(5) Local Vote - Trinidad. LIMITED GAMING
UNDER THIS SECTION SHALL BE SUBJECT TO A LOCAL VOTE HELD IN
ACCORDANCE
WITH SECTION (9) (6) OF THIS ARTICLE, AND THAT THE FIRST ELECTION
FOR THE CITY OF TRINIDAD HELD PURSUANT TO SAID SECTION (9) (6)
SHALL OCCUR WITHIN ONE HUNDRED AND FIFTY DAYS AFTER THE ELECTION
AT WHICH THIS SECTION IS APPROVED BY THE VOTERS.
(6) (a) THE GENERAL ASSEMBLY SHALL ENACT, AMEND,
OR REPEAL LAWS AS ARE NECESSARY TO IMPLEMENT THIS SECTION WITHIN
THIRTY DAYS AFTER LOCAL VOTER APPROVAL BY THE ELECTION HELD IN
THE CITY OF TRINIDAD PURSUANT TO SUBSECTION (5) OF THIS SECTION.
(b)
IF ANY PROVISION OF THIS SECTION 11 IS HELD INVALID,
THE REMAINDER OF SAID SECTION SHALL REMAIN UNIMPAIRED. THIS SECTION
11 IS SELF-EXECUTING.
Section 9 (5) (b) of article XVIII of the state constitution
is amended to read:
Section 9. Limited gaming permitted. (5) (b)
(I)From moneys in the limited gaming
fund, the state treasurer is hereby authorized to pay all ongoing
expenses of the commission and any other state agency, related
to the administration of this section 9 AND OF SECTION 11 OF THIS
ARTICLE. Such payment shall be made upon proper presentation
of a voucher prepared by the commission in accordance with statutes
governing payments of liabilities incurred on behalf of the state.
Such payment shall not be conditioned on any appropriation by
the general assembly.
(II) At the end of each state fiscal year, the state
treasurer shall distribute the balance remaining in the limited
gaming fund, except for an amount equal to all expenses of the
administration of this section 9 AND OF SECTION 11 OF THIS ARTICLE
for the preceding two-month period, according to the following
guidelines: fifty percent shall be transferred to the state general
fund or such other fund as the general assembly shall provide;
twenty-eight percent shall be transferred to the state historical
fund, which fund is hereby created in the state treasury; twelve
percent shall be distributed to the governing bodies of THE COUNTIES
OF Gilpin,county and
Teller,county
AND LAS ANIMAS in proporation to the revenues generate in each
county; the remaining ten percent shall be distributed to the
governing bodies of the cities of: the City of Central, the City
of Black Hawk,and
the City of Cripple Creek, AND THE CITY OF TRINIDAD in proporation
to the gaming revenues generated in each respective city.
(III) Of the moneys in the state historical fund,
from which the state treasurer shall also make annual distributions,
twenty percent shall be used for the preservation and restoration
of the cities of: the City of Central, the City of Black Hawk,
andthe
City of Cripple Creek, AND THE CITY OF TRINIDAD, and such moneys
shall be distributed, to the governing bodies of the respective
cities, according to the proportion of the gaming revenues generated
in each respective city. The remaining eighty percent in the
state historical fund shall be used for the historic preservation
and restoration of historical sites and municipalities throughout
the state in a manner to be determined by the general assembly.
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