SA 18-1—SJ 35

Government Administration and Elections Committee

RESOLUTION PROPOSING AN AMENDMENT TO THE STATE CONSTITUTION TO PROTECT REAL PROPERTY HELD OR CONTROLLED BY THE STATE

SUMMARY: This resolution proposes a constitutional amendment that prohibits the legislature from enacting legislation requiring a state agency to sell, transfer, or otherwise dispose of the state's real property (land or buildings) or interest in real property, to non-state entities, unless the following conditions are met:

1. a legislative committee must hold a public hearing on the sale, transfer, or disposition of the property;

2. the legislation that the legislature acts on must be limited in scope to the sale, transfer, or disposition of the property under consideration; and

3. for property under the custody or control of the Department of Agriculture or the Department of Energy and Environmental Protection, the legislation must additionally pass by a roll call vote of at least two-thirds of the total membership of each chamber.

The ballot designation to be used when the proposed amendment is presented at the general election is:

"Shall the Constitution of the State be amended to require (1) a public hearing and the enactment of legislation limited in subject matter to the transfer, sale or disposition of state-owned or state-controlled real property or interests in real property in order for the General Assembly to require a state agency to sell, transfer or dispose of any real property or interest in real property that is under the custody or control of the agency, and (2) if such property is under the custody or control of the Department of Agriculture or the Department of Energy and Environmental Protection, that such enactment of legislation be passed by a two-thirds vote of the total membership of each house of the General Assembly?"

EFFECTIVE DATE: If a majority of electors voting on the amendment in the November 6, 2018 general election approve it, the amendment will become part of the state constitution.