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Second Regular Session
Sixty-first General Assembly
LLS NO. 980837.01D PLC
SENATE BILL 98195
STATE OF COLORADO
BY SENATORS Ament and Dennis;
also REPRESENTATIVES S. Johnson and Kaufman.
AGR., NATURAL RESOURCES &
A BILL FOR AN ACT
CONCERNING THE STANDING OF POLITICAL SUBDIVISIONS
WITH RESPECT TO FEDERAL LAW AND ACTIONS OR APPLICATION OF COLORADO
CONSTITUTIONAL PROVISIONS TO EXISTING CONTRACTS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Declares that the citizens of Colorado have invested public revenue in property, contracts, and other assets that are owned by political subdivisions of the state and should continue to receive the same level of protection under the U.S. Constitution against federal actions as similar assets owned by nonpublic entities.
Establishes that political subdivisions of the state
have standing to assert or defend property or contract rights
in proceedings concerning the application of constitutional provisions
to federal law or actions of the federal government or its agencies,
and concerning the application of state constitutional provisions
to existing contracts.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 29, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:
Protection Of Property Rights And Contract Rights
291.5101. Legislative declaration. THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT THE CITIZENS OF COLORADO HAVE INVESTED SUBSTANTIAL AMOUNTS OF PUBLIC REVENUE IN PROPERTY, CONTRACTS, AND OTHER ASSETS THAT ARE OWNED BY POLITICAL SUBDIVISIONS OF THE STATE. THESE INVESTMENTS MAY BE JEOPARDIZED BY THE FEDERAL GOVERNMENT'S OR ITS AGENCIES' ACTIONS THAT PRECLUDE OR LIMIT THE USE OF THESE ASSETS FOR THE BENEFIT OF THEIR OWNERS. THESE ASSETS SHOULD CONTINUE TO RECEIVE THE SAME LEVEL OF PROTECTION UNDER THE UNITED STATES CONSTITUTION AGAINST SUCH FEDERAL ACTIONS AS DO SIMILAR ASSETS HELD BY NONPUBLIC ENTITIES. OTHERWISE, THE CITIZENS WITHIN A PARTICULAR POLITICAL SUBDIVISION MAY BE FORCED TO BEAR THE COSTS OF FEDERAL ACTIONS INTENDED TO BENEFIT THE NATION AS A WHOLE. SIMILARLY, THE GENERAL ASSEMBLY FINDS THAT IT IS IMPORTANT TO MAINTAIN THE ABILITY OF POLITICAL SUBDIVISIONS TO RELY ON EXISTING CONTRACTS BY CONFIRMING THAT POLITICAL SUBDIVISIONS MAY ASSERT AND RELY ON THE CONSTITUTIONAL PROTECTIONS AGAINST THE IMPAIRMENT OF EXISTING CONTRACTS.
291.5102. Political subdivisions standing to protect property and contract rights. (1) IN ADDITION TO ANY OTHER RIGHTS POLITICAL SUBDIVISIONS OTHERWISE HAVE UNDER LAW, POLITICAL SUBDIVISIONS OF THE STATE HAVE A LEGALLY PROTECTABLE INTEREST IN, AND STANDING TO ASSERT OR DEFEND TO THE SAME EXTENT AS PRIVATE CITIZENS, THEIR PROPERTY AND CONTRACT RIGHTS IN PROCEEDINGS CONCERNING THE APPLICATION OF:
(a) CONSTITUTIONAL PROVISIONS TO FEDERAL LAW OR ACTIONS OF THE FEDERAL GOVERNMENT OR ITS AGENCIES; OR
(b) STATE CONSTITUTIONAL PROVISIONS TO EXISTING CONTRACTS.
SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.