Section 23-5-101.7 - Enterprise status of institutions of higher education(1) As used in this section, unless the context otherwise requires, "institution of higher education" or "institution" means the Colorado state university - Pueblo, Adams state university, Colorado Mesa university, Metropolitan state university of Denver, Fort Lewis college, Western Colorado university, the university of northern Colorado, Colorado school of mines, the university of Colorado, Colorado state university, and all community colleges governed by the state board for community colleges and occupational education.(2) An institution of higher education, or a group of institutions of higher education that is managed by a single governing board, may be designated as an enterprise for the purposes of section 20 of article X of the state constitution so long as the governing board of the institution or group of institutions retains authority to issue revenue bonds on behalf of the institution or group of institutions and the institution or group of institutions receives less than ten percent of its total annual revenues in grants from all Colorado state and local governments combined. So long as it is designated as an enterprise pursuant to the provisions of this section, an institution or group of institutions shall not be subject to any of the provisions of section 20 of article X of the state constitution.(3) In pledging revenues for the repayment of revenue bonds issued on behalf of an institution of higher education or group of institutions of higher education that is designated as an enterprise, the institution or group of institutions may pledge internal revenues only if the institution or group of institutions:(a) Is accounted for separately in institutional financial records; and(b) Engages in the type of activities that are commonly carried on for profit outside the public sector.(4)(a) The governing board of an institution of higher education may, by resolution, designate an institution of higher education or group of institutions of higher education managed by the governing board as an enterprise so long as the institution or group of institutions meets the requirements for an enterprise stated in subsection (2) of this section. Except as provided in paragraph (b) of this subsection (4), any such enterprise designation shall not terminate, expire, or be rescinded as long as the institution or group of institutions meets the requirements for an enterprise.(b) All resolutions adopted pursuant to paragraph (a) of this subsection (4) shall be submitted by the adopting governing board to the office of the state auditor in the form and manner prescribed by the legislative audit committee. The designations shall be reviewed by the office of the state auditor to determine whether the designations are within the authority of the adopting governing board pursuant to the provisions of this section. The legislative audit committee shall also review the designations to determine whether the designations conform with the provisions of this section. The official certificate of the state auditor as to the fact of submission or the date of submission of a designation as shown by the records of the office of the state auditor, as well as to the fact of nonsubmission as shown by the nonexistence of such records, shall be received and held in all civil cases as competent evidence of the facts contained therein. A designation adopted by a governing board of an institution or group of institutions of higher education without being submitted within twenty days after adoption to the office of the state auditor for review by the office and by the legislative audit committee shall be void.(6) Notwithstanding section 24-77-108, an institution of higher education, or a group of institutions of higher education that is managed by a single governing board, that was designated as an enterprise as of January 1, 2021, and that subsequently disqualifies as an enterprise does not require voter approval in order to qualify and be redesignated as an enterprise.Amended by 2022 Ch. 414, § 3, eff. 6/7/2022.Amended by 2019 Ch. 400, § 12, eff. 7/1/2019.L. 2004: Entire section added, p. 719, § 8, effective July 1; (5) repealed, p. 1936, § 5, effective July 1. L. 2011: (1) amended, (SB 11-265), ch. 1366, p. 1366, § 19, effective August 10. L. 2012: (1) amended, (HB 12-1080), ch. 758, p. 758, § 14, effective May 19; (1) amended, (SB 12-148), ch. 426, p. 426, § 10, effective July 1; (1) amended, (HB 12-1331), ch. 1270, p. 1270, § 12, effective August 1. L. 2019: (1) amended, (HB 19-1178), ch. 3545, p. 3545, § 12, effective July 1.Amendments to subsection (1) by House Bill 12-1080, Senate Bill 12-148, and House Bill 12-1331 were harmonized.
For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 215, Session Laws of Colorado 2004. For the legislative declaration contained in the 2004 act repealing subsection (5), see section 1 of chapter 391, Session Laws of Colorado 2004. For the legislative declaration in the 2011 act amending subsection (1), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (1), see section 1 of chapter 125, Session Laws of Colorado 2012.