NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

LFC Files

State Highway and Transportation Department (SHTD)

SUMMARY

Synopsis of Bill

The memorial requests SHTD to study the potential for commercial feasibility of bungee jumping from the Rio Grande Gorge bridge.

Significant Issues

Use of the Rio Grande Gorge bridge for bungee jumping would require a contractual waiver of liability for governmental entities and personnel.

FISCAL IMPLICATIONS

Implementation of the memorial would require road fund revenue to either contract for a study or use of SHTD personnel to conduct the study.

Utilization of the bridge for commercial bungee jumping would require the services of traffic-flow controllers, police and emergency rescue equipment. The cost of these services would either be borne by the state or localities or have to be reimbursed by a private commercial entity. The commercial entity would also need to reimburse the state or localities for the lost time when the above services would not be available to serve the greater public during bungee jumps.

Additionally, SHTD has previously indicated that the use of state-owned property to benefit a private business without reasonable compensation to the state may be a violation of the anti-donation clause of the state constitution.

TECHNICAL ISSUES

Section 67-12-8 states that:

The state highway department or any lessee of highway department property shall not grant any lease, sublease, franchise or concession to any private person, corporation, association, partnership or firm for the purpose of operating any commercial tourist information center or similar tourist facility on lands owned or controlled by the state, without prior approval of the legislative finance committee.

OTHER SUBSTANTIVE ISSUES

The SHTD has indicated that in order for the department to evaluate the safety and feasibility of locating a bungee jumping business off the Rio Grande Gorge bridge, the following items would be required:

1. a traffic impact study;

2. a bridge analysis;

3. an environmental impact study;

4. an analysis of the state's exposure and costs; and

5. grants from the appropriate property owners for the use of air space, river and ground beneath the bridge.

The SHTD has voiced concerns for the integrity of the bridge if the structure is to be modified in any manner to accommodate a platform for bungee jumps.

RAE/gm