(1) There is hereby created the state board of land commissioners investment and development fund, referred to in this section as the "fund". The fund shall consist of moneys credited to the fund pursuant to section 36-1-116 (1)(b)(II). Any balance in the fund at the close of a fiscal year and any interest earned on moneys in the fund shall remain in the fund and shall not revert to the permanent school fund. The fund is to be under the control of and to be administered by the state board of land commissioners. Moneys in the fund shall be continuously appropriated to the state board for the purposes set forth in this section.
(2) (a) Moneys in the fund shall be used at the discretion of the state board of land commissioners to hire staff, contract for services, make purchases, make annual payments on any lease-purchase agreements the state board instructed the state treasurer to enter into as allowed in section 36-1-118.5, and take such other actions as the state board deems appropriate to provide for the development of additional value-added benefit for the state's trust lands, including both portfolio enhancement and additional income. Such actions may include, but are not limited to, the rezoning, platting, master planning, or other development activities that increase the value of or rate of return from the state's trust lands. The state board of land commissioners may also use up to one million dollars per fiscal year of the moneys in the fund for asset maintenance, including, but not limited to, upkeep and replacement of buildings, agricultural sprinklers, fences, windmills, and water wells.
(b) The state board of land commissioners shall notify the state treasurer in writing of the amount that needs to be transferred from the investment and development fund to the state board of land commissioners lease-purchase fund created in section 36-1-118.5 (7), and no later than thirty days after receipt of such notification, the state treasurer shall transfer such sum to the state board of land commissioners lease-purchase fund created in section 36-1-118.5 (7).
The controller shall authorize disbursements from the fund as directed by the stateboard of land commissioners on receipt of a voucher from the state board stating that the disbursement is to accomplish a purpose set forth in this section.
On or before November 1, 2011, and on or before each November 1 thereafter, thestate board of land commissioners shall deliver information on the portfolio enhancement and additional income generated as a result of this section, including information detailing the use of the fund for asset maintenance, as specified in section 36-1-102 (8). Each report shall include estimates of the increase in portfolio enhancement and income for the then-current fiscal year and the five succeeding state fiscal years.
and (6) Repealed.
Source: L. 2005: Entire section added, p. 537, § 2, effective May 24. L. 2009: (5) and (6) repealed, (SB 09-022), ch. 246, p. 1111, § 4, effective May 14. L. 2011: (4) amended, (SB 11-029), ch. 51, p. 133, § 2, effective August 10. L. 2013: (2) amended, (HB 13-1274), ch. 376, p. 2215, § 5, effective June 5. L. 2015: (2)(a) and (4) amended, (HB 15-1245), ch. 97, p. 277, § 2, effective April 13.
Cross references: For the legislative declaration in HB 15-1245, see section 1 of chapter 97, Session Laws of Colorado 2015.