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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.
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.
(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
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.