(1)The general assembly hereby finds
and declares that:
(a)The rapid growth of the economy of this state has prompted new and
ever-increasing uses of public highways, roads, and other transportation
infrastructure, and the existing transportation infrastructure of this state cannot
accommodate such greatly increased uses;
(b)One of the major concerns of the citizens of this state is the ability of the
state and local governments to address the long-term transportation infrastructure
needs of this state that are critical to the continued growth of the state's economy
and the maintenance of citizens' quality of life;
(c)In an attempt to address this concern, the state has significantly
increased the amount of state revenues available in recent years to fund critical,
priority
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(1) The general assembly hereby finds
and declares that:
(a) The rapid growth of the economy of this state has prompted new and
ever-increasing uses of public highways, roads, and other transportation
infrastructure, and the existing transportation infrastructure of this state cannot
accommodate such greatly increased uses;
(b) One of the major concerns of the citizens of this state is the ability of the
state and local governments to address the long-term transportation infrastructure
needs of this state that are critical to the continued growth of the state's economy
and the maintenance of citizens' quality of life;
(c) In an attempt to address this concern, the state has significantly
increased the amount of state revenues available in recent years to fund critical,
priority transportation infrastructure needs, but current transportation funding
mechanisms do not provide adequate revenues to keep pace with the increasing
demands on transportation infrastructure statewide;
(d) By utilizing revenue anticipation notes for the financing of transportation
projects that may be financed, in whole or in part, with federal transportation funds,
a significant amount of up-front revenues can be generated for such federal aid
transportation projects which will enable the state to design and construct such
transportation projects without using revenues available for other important
transportation projects;
(e) Utilizing revenue anticipation notes to finance federal aid transportation
projects also results in significant cost savings to the state, since such
transportation projects can be completed at present-day costs and at an
accelerated pace, but the state needs to be able to act quickly to issue revenue
anticipation notes in order to realize these cost savings; and
(f) It is reasonable and necessary to utilize revenue anticipation notes for the
financing of federal aid transportation projects.
(2) The general assembly further finds and declares that:
(a) The current and long-standing process of funding the transportation
infrastructure needs of the state, which involves the continuous appropriation of
certain state revenues to the department of transportation by the general assembly
and the annual allocation of state and federal funds to specific projects and
purposes by the transportation commission, is intended to ensure that such funding
decisions are based on annual determinations of revenue availability and
transportation infrastructure needs statewide;
(b) Making the payment of revenue anticipation notes issued in accordance
with this part 7 subject to annual allocation by the transportation commission is
equivalent to making such payments subject to annual legislative appropriation,
since the annual allocation process requires the transportation commission to make
the same annual budgeting decisions that the general assembly makes through the
appropriation process;
(c) Revenue anticipation notes issued in accordance with the provisions of
this part 7 that evidence the right to receive payments in subsequent fiscal years
contingent upon funds for such payments being allocated on an annual basis in the
sole discretion of the transportation commission do not constitute a debt by loan in
any form under section 3 of article XI of the state constitution based upon the
Colorado supreme court's decision in Submission of Interrogatories on House Bill 99-1325 , Case No. 99SA108 (April 23, 1999), since the notes are not a legally
enforceable obligation against the state in future years and the annual allocation of
such funds for the payment of such notes is in the sole discretion of the
transportation commission; and
(d) In accordance with the Colorado supreme court decision in Submission of
Interrogatories on House Bill 99-1325 , Case No. 99SA108 (April 23, 1999), the
proceeds of any transportation revenue anticipation notes issued in accordance
with this part 7 are not included in state fiscal year spending for purposes of
section 20 of article X of the state constitution and article 77 of title 24, C.R.S.