Section 42-4-307.5 - Clean screen authority - enterprise - revenue bonds(1) If the commission determines pursuant to section 42-4-306(23)(b) to implement an expanded clean screen program in the enhanced emissions program area, there shall be created a clean screen authority consisting of the executive director of the department of public health and environment and executive director of the department of revenue or their designees and any necessary support staff. The authority shall constitute an enterprise for the purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total annual revenues in grants, as defined in section 24-77-102(7), C.R.S., from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to the provisions of this section, the authority shall not be a district for purposes of section 20 of article X of the state constitution.(2)(a) The authority may, by resolution that meets the requirements of subsection (3) of this section, authorize and issue revenue bonds in an amount not to exceed five million dollars in the aggregate for expenses of the authority. Such bonds may be issued only after approval by both houses of the general assembly acting either by bill or joint resolution and after approval by the governor in accordance with section 39 of article V of the state constitution. Such bonds shall be payable only from moneys allocated to the authority for expenses of the division and the commission pursuant to sections 42-4-306 and 42-4-307.(b) All bonds issued by the authority shall provide that:(I) No holder of any such bond may compel the state or any subdivision thereof to exercise its appropriation or taxing power; and(II) The bond does not constitute a debt of the state and is payable only from the net revenues allocated to the authority for expenses as designated in such bond.(3)(a) Any resolution authorizing the issuance of bonds under the terms of this section shall state: (I) The date of issuance of the bonds;(II) A maturity date or dates during a period not to exceed thirty years from the date of issuance of the bonds;(III) The interest rate or rates on, and the denomination or denominations of, the bonds; and(IV) The medium of payment of the bonds and the place where the bonds will be paid.(b) Any resolution authorizing the issuance of bonds under the terms of this section may: (I) State that the bonds are to be issued in one or more series;(II) State a rank or priority of the bonds; and(III) Provide for redemption of the bonds prior to maturity, with or without premium.(4) Any bonds issued pursuant to the terms of this section may be sold at public or private sale. If bonds are to be sold at a public sale, the authority shall advertise the sale in such manner as the authority deems appropriate. All bonds issued pursuant to the terms of this section shall be sold at a price not less than the par value thereof, together with all accrued interest to the date of delivery.(5) Notwithstanding any provisions of law to the contrary, all bonds issued pursuant to this section are negotiable.(6)(a) A resolution pertaining to issuance of bonds under this section may contain covenants as to: (I) The purpose to which the proceeds of sale of the bonds may be applied and to the use and disposition thereof;(II) Such matters as are customary in the issuance of revenue bonds including, without limitation, the issuance and lien position of other or additional bonds; and(III) Books of account and the inspection and audit thereof.(b) Any resolution made pursuant to the terms of this section shall be deemed a contract with the holders of the bonds, and the duties of the authority under such resolution shall be enforceable by any appropriate action in a court of competent jurisdiction.(7) Bonds issued under this section and bearing the signatures of the authority in office on the date of the signing shall be deemed valid and binding obligations regardless of whether, prior to delivery and payment, any or all of the persons whose signatures appear thereon have ceased to be members of the authority.(8)(a) Except as otherwise provided in the resolution authorizing the bonds, all bonds of the same issue under this section shall have a prior and paramount lien on the net revenues pledged therefor. The authority may provide for preferential security for any bonds, both principal and interest, to be issued under this section to the extent deemed feasible and desirable by such authority over any bonds that may be issued thereafter.(b) Bonds of the same issue or series issued under this section shall be equally and ratably secured, without priority by reason of number, date, sale, execution, or delivery, by a lien on the net revenue pledged in accordance with the terms of the resolution authorizing the bonds.(9) The clean screen authority shall be a government-owned business that provides financial services to all entities providing inspection services, the department, and the department of public health and environment with regard to the revenues subject to section 42-3-304(19).(10) The clean screen authority may accept grants from any source and shall deposit such moneys in the clean screen fund created in section 42-3-304(19).(11) The clean screen authority may contract with the department and expend moneys from the clean screen fund for computer programming costs associated with implementation of House Bill 01-1402, enacted at the first regular session of the sixty-third general assembly. The department is authorized to expend moneys pursuant to such contract, subject to annual appropriation by the general assembly, effective the fiscal year commencing July 1, 2000.L. 2001: Entire section added, p. 1016, § 5, effective June 5. L. 2005: (9) and (10) amended, p. 1174, § 13, effective August 8. L. 2006: (12) added, p. 1026, § 4, effective July 1.Subsection (12)(b) provided for the repeal of subsection (12), effective July 1, 2008. (See L. 2006, p. 1026.)
For the legislative declaration contained in the 2001 act enacting this section, see section 1 of chapter 278, Session Laws of Colorado 2001. For the legislative declaration contained in the 2006 act enacting subsection (12), see section 1 of chapter 225, Session Laws of Colorado 2006.