Click here for Fiscal Note

This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

Second Regular Session

Sixty-first General Assembly

LLS NO. R98­0767.01 BJA

STATE OF COLORADO



BY REPRESENTATIVES Pankey, Allen, Arrington, June, Kaufman, Romero, and Swenson;

also SENATOR Mutzebaugh.

ENGROSSED

TRANSPORTATION & ENERGY

HOUSE CONCURRENT RESOLUTION 98-1005

SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AN AMENDMENT TO ARTICLE XI OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE PLEDGING OF CERTAIN STATE­OWNED REAL PROPERTY FOR THE FINANCING OF TRANSPORTATION SYSTEM PROJECTS THROUGH PUBLIC­PRIVATE PARTNERSHIPS.

Resolution Summary

(Note: This summary applies to this resolution as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Amends article XI of the constitution of the state of Colorado to allow the state to pledge or authorize the pledging of transportation system projects and the rights­of­way involved in those projects for the purpose of financing the construction, operation, and maintenance of those projects through public­private partnerships.


Be It Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate concurring herein:

SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:

Article XI of the constitution of the state of Colorado is amended BY THE ADDITION OF A NEW SECTION to read:

Section 1.5.  Pledging transportation system projects or the rights­of­way involved in transportation system projects.  (a)  NOTWITHSTANDING SECTIONS 1 AND 2 OF THIS ARTICLE, THE STATE MAY PLEDGE OR AUTHORIZE THE PLEDGING OF TRANSPORTATION SYSTEM PROJECTS, AS DEFINED BY LAW, OR THE RIGHTS­OF­WAY INVOLVED IN THOSE TRANSPORTATION SYSTEM PROJECTS FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF SUCH PROJECTS THROUGH PUBLIC­PRIVATE PARTNERSHIPS UNTIL SUCH TIME AS THE INDEBTEDNESS SECURED BY SUCH PLEDGE HAS BEEN PAID IN FULL. AFTER THE INDEBTEDNESS SECURED BY A PLEDGE OF A TRANSPORTATION SYSTEM PROJECT OR RIGHT­OF­WAY INVOLVED IN THE TRANSPORTATION SYSTEM PROJECT HAS BEEN PAID IN FULL, THE PROJECT OR THE RIGHT­OF­WAY SUBJECT TO THE PLEDGE SHALL REVERT TO STATE OWNERSHIP. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE STATE FROM LEASING A TRANSPORTATION SYSTEM PROJECT OR THE RIGHT­OF­WAY INVOLVED IN THE TRANSPORTATION SYSTEM PROJECT.

(b)  TRANSPORTATION SYSTEM PROJECTS INCLUDE HIGHWAYS AND ALTERNATIVE FORMS OF TRANSPORTATION.

SECTION 2.  Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO ARTICLE XI OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE PLEDGING OF CERTAIN STATE­OWNED REAL PROPERTY FOR THE FINANCING OF TRANSPORTATION SYSTEM PROJECTS THROUGH PUBLIC­PRIVATE PARTNERSHIPS."

SECTION 3.  The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.