§ 24-82-1001. Legislative Declaration – Exclusion of Proceeds of Leveraged Leasing Agreements From Fiscal Year Spending – Voter Approval Not Required

1. The general assembly hereby finds and declares that:
   1. Section 20 of article X of the state constitution limits state fiscal year spending.
   2. 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.
   3. 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:
   1. 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.
   2. 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.

Source: L. 2003: Entire part added, p. 1717, § 1, effective May 14.