Colorado Code § 24-82-1001

Legislative declaration - exclusion of proceeds of leveraged leasing agreements from fiscal year spending - voter approval not required
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(1) The general
assembly hereby finds and declares that:
(a) Section 20 of article X of the state constitution limits state fiscal year spending.
(b) Section 20 (2)(e) of article X defines "fiscal year spending" to include all revenues
and expenditures except those for refunds and those from certain sources, such as property sales.
(c) Monetary consideration paid to the state by a private person in connection with a
leveraged leasing agreement constitutes revenues to the state from a property sale because the
consideration is paid in exchange for a property interest in a qualified state asset and constitutes
revenues from a property sale, and such revenues are therefore excluded from state fiscal year
spending.
(2) The general assembly further finds and declares that:
(a) Section 20 of article X of the state constitution requires voter approval in advance for
creation of any multiple-fiscal year financial obligation whatsoever without adequate present
cash reserves pledged irrevocably and held for payments in all future fiscal years.
(b) The sublease of a qualified state capital asset from a private person to the state under
a leveraged leasing agreement is a multiple-fiscal year financial obligation of the state under
section 20 of article X of the state constitution, but the state may enter into a leveraged leasing
agreement without voter approval in advance because a leveraged leasing agreement requires the
state to deposit into a specified account adequate cash reserves pledged irrevocably for sublease
payments in all future fiscal years.

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