# C.R.S. § 23-5-101.7: 23-5-101.7. Enterprise status of institutions of higher education

> Colorado · Statutes · Repealed

URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-101.7

## Section

- **Citation:** C.R.S. § 23-5-101.7
- **Heading:** 23-5-101.7. Enterprise status of institutions of higher education
- **Jurisdiction:** Colorado
- **Kind:** Statutes
- **Status:** Repealed
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** CO Code / Title 23 / Article 5 / Section 23-5-101.7

## Text

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.

(5) Repealed.
ecords, 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.

(5) Repealed.

(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.

## Nearby sections

- [C.R.S. § 23-5-101 23-5-101. Colorado educational institutions - annual reports](https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-101.md)
- [C.R.S. § 23-5-101.5 23-5-101.5. Enterprise status of auxiliary facilities - definitions](https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-101.5.md)
- [C.R.S. § 23-5-101.7 23-5-101.7. Enterprise status of institutions of higher education](https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-101.7.md)
- [C.R.S. § 23-5-101.8 23-5-101.8. Enterprise status of institutions of higher education - loans - bonds](https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-101.8.md)
- [C.R.S. § 23-5-101.9 23-5-101.9. Repeal](https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-101.9.md)
- [C.R.S. § 23-5-102 23-5-102. Funding for auxiliary facilities - institutions of higher education - loans - bo](https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-102.md)
- [C.R.S. § 23-5-103 23-5-103. Pledge of income](https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-103.md)
- [C.R.S. § 23-5-104 23-5-104. No property lien](https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-104.md)
- [C.R.S. § 23-5-105 23-5-105. Tax exemption](https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-105.md)
- [C.R.S. § 23-5-105.5 23-5-105.5. State board for community colleges and occupational education - authority to cre](https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-105.5.md)
- [C.R.S. § 23-5-106 23-5-106. Authority of governing boards - general - health-care insurance - contracts of i](https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-106.md)
- [C.R.S. § 23-5-106.5 23-5-106.5. Authority of governing boards - student applications - criminal and disciplinary](https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-106.5.md)
- [C.R.S. § 23-5-107 23-5-107. Authority of governing boards - parking](https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-107.md)
- [C.R.S. § 23-5-108 23-5-108. Governing boards authorized to cede jurisdiction for enforcement of traffic laws](https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-108.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_T23_A5_S23-5-101.7. Check the current official text before relying on it. Not legal advice.
