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Current as of January 01, 2022 | Updated by FindLaw Staff
(1) The general assembly hereby finds and declares that:
(a) In performing its duties under sections 2 and 15 of article IX, section 20 of article X, and section 6 of article XI of the state constitution, the general assembly must balance the interests of achieving a thorough and uniform public school system, controlling public debt, preserving a limited degree of local control, and reasonably restraining most the growth of government;
(b) In balancing these constitutional interests through the exercise of its legislative authority, the general assembly has enacted limitations on the ability of school districts to incur indebtedness;
(c) A statutory restriction has been imposed on the amount of bonded indebtedness that school districts can incur with voter approval for capital improvements;
(d) From time to time, changes to such limitations imposed on school districts are necessary in order to keep these constitutional interests properly balanced in light of changing circumstances;
(e) Section 20(1) of article X of the state constitution prohibits the weakening of “other limits on district revenue, spending, and debt” without future voter approval;
(f) No change in school district debt occurs by virtue of statutory changes that increase a limit when the debt would not actually increase without school district voter approval and any actual weakening occurs only when school district voter approval is obtained under an increased limit; and
(g) By requiring voters to give approval at the school district level for any weakening of a school district limit on debt, the voter approval requirement of section 20(1) of article X is satisfied in a manner achieving a reasonable result through legislative harmonization of constitutional provisions.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 22. Education § 22-41.5-101. Legislative declaration - last updated January 01, 2022 | https://codes.findlaw.com/co/title-22-education/co-rev-st-sect-22-41-5-101/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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