§ 24-48.5-301. Creative Industries Division – Creative Industries Cash Fund – Creation – Definition – Repeal

1. There is hereby created within the Colorado office of economic development the creative industries division, which shall be referred to in this part 3 as the “division”. The director of the division shall be the person who is appointed director of the council on creative industries by the director of the Colorado office of economic development. The division shall be comprised of the council on creative industries and the art in public places program, and the director of the division shall oversee such council and program.
2. 1. There is hereby created in the state treasury the creative industries cash fund, referred to in this section as the “fund”. The fund consists of:
      1. Repealed.
      2. Money transferred to the fund in accordance with section 44-30-701 (2)(a)(V);

         (II.5) Repealed.

      3. Moneys credited to the fund by the state treasurer for purposes of the art in public places program pursuant to section 24-48.5-312 (8);
      4. Money appropriated to the fund by the general assembly, including, but not limited to, money appropriated for the purpose of providing need-based funding for infrastructure development within creative districts as authorized by section 24-48.5-314 (5)(b);
      5. Any gifts, grants, or donations from private or public sources that the division is hereby authorized to seek and accept;
      6. 1. Seven million five hundred thousand dollars appropriated by the general assembly from the general fund to the fund, pursuant to Senate Bill 20B-001, enacted in 2020, first extraordinary session, and three million five hundred thousand dollars appropriated by the general assembly from the general fund to the fund, pursuant to this House Bill 21-1285, enacted in 2021, for the arts relief program established pursuant to section 24-48.5-316;
         2. This subsection (2)(a)(VI) is repealed, effective December 31, 2022.
      7. 1. Up to twelve million dollars transferred to the fund pursuant to section 24-32-129 (3)(b)(I).
         2. This subsection (2)(a)(VII) is repealed, effective December 31, 2022.
      8. 1. One million five hundred thousand dollars appropriated by the general assembly from the general fund to the fund, for allocation in accordance with section 24-48.5-318.
         2. This subsection (2)(a)(VIII) is repealed, effective December 31, 2022.
   2. The money in the fund shall be annually appropriated to the division for the operation of the division, and for the following:
      1. For purposes of the council on creative industries, including the administration of the council;
      2. Repealed.
      3. For the purchase of works of art pursuant to the art in public places program, taking into consideration the artist’s preliminary site visit, the design fee, the total costs of construction and installation of the work of art, jury expenses, and program administration in compliance with the provisions of section 24-48.5-312 (6);
      4. For need-based funding for infrastructure development in creative districts as authorized by section 24-48.5-314 (5)(b), to the extent that the general assembly appropriates money to the fund for that purpose;
      5. 1. With regard to the amount appropriated to the fund pursuant to subsection (2)(a)(VI) of this section and the amount transferred to the fund pursuant to subsection (2)(a)(VII) of this section, for the arts relief program established pursuant to section 24-48.5-316.
         2. This subsection (2)(b)(V) is repealed, effective December 31, 2022.
      6. 1. With regard to the amount appropriated to the fund pursuant to subsection (2)(a)(VIII) of this section, for allocation pursuant to section 24-48.5-318.
         2. This subsection (2)(b)(VI) is repealed, effective December 31, 2022.
   3. All moneys not expended or encumbered, and all interest earned on the investment or deposit of moneys in the fund, shall remain in the fund and shall not revert to the general fund or any other fund at the end of any fiscal year. Any moneys not expended or encumbered from any appropriation at the end of any fiscal year shall remain available for expenditure in the next fiscal year without further appropriation.
3. As used in this part 3, “infrastructure development” includes, but is not limited to:
   1. Installation and maintenance of temporary and permanent art in public spaces;
   2. Professional services related to the development of a creative district, including strategic plan development and architectural, engineering, and design services;
   3. Support of networking, resource, and professional development and branding and marketing skill development training; and
   4. Community engagement and coalition-building strategies.

Source: L. 2010: Entire part added with relocations, (SB 10-158), ch. 231, p. 996, § 1, effective July 1. L. 2011: (2)(a)(II) amended, (HB 11-159), ch. 54, p. 144, § 6, effective March 25. L. 2012: (1) and (2)(a)(II) amended, (2)(a)(II.5) added, and (2)(b)(II) repealed, (HB 12-1286), ch. 186, p. 711, § 5, effective July 1. L. 2013: IP(2)(a), (2)(a)(IV), and (2)(b)(III) amended and (2)(b)(IV) and (3) added, (HB 13-1208), ch. 132, p. 437, § 1, effective April 19. L. 2014: (2)(a)(II) amended, (HB 14-1363), ch. 302, p. 1268, § 26, effective May 31. L. 2017: (2)(a)(III) amended, (SB 17-294), ch. 264, p. 1402, § 73, effective May 25. L. 2018: (2)(a)(II) amended, (SB 18-034), ch. 14, p. 247, § 37, effective October 1. L. 2020, 1st Ex. Sess.: (2)(a)(IV), (2)(a)(V), IP(2)(b), (2)(b)(III), and (2)(b)(IV) amended and (2)(a)(VI) and (2)(b)(V) added, (SB 20B-001), ch. 2, p. 13, § 4, effective December 7. L. 2021: (2)(a)(V), (2)(a)(VI)(A), (2)(b)(IV), and (2)(b)(V)(A) amended and (2)(a)(VII), (2)(a)(VIII), and (2)(b)(VI) added, (HB 21-1285), ch. 228, p. 1210, § 2, effective June 14.

Editor’s note: Subsection (2)(a)(I)(B) provided for the repeal of subsection (2)(a)(I), effective July 1, 2011. (See L . 2010, p. 996.) Subsection (2)(a)(II.5)(C) provided for the repeal of subsection (2)(a)(II.5), effective July 1, 2013. (See L . 2012, p. 711.)

Cross references: (1) For the legislative declaration in the 2012 act amending subsections (1) and (2)(a)(II), adding subsection (2)(a)(II.5), and repealing subsection (2)(b)(II), see section 1 of chapter 186, Session Laws of Colorado 2012.

(2) For the legislative declaration in SB 20B-001, see section 1 of chapter 2, Session Laws of Colorado 2020, First Extraordinary Session.