-2011
       
       
       
       
       
       
       
       
       
       
       SENATE JOINT RESOLUTION 11-009
       
       
       BY SENATOR(S) Lambert, Hodge, Steadman;
       also REPRESENTATIVE(S) Gerou, Becker, Ferrandino, Hamner,
       Labuda, Peniston, Schafer S., Stephens, Todd.
       
       
          CONCERNING THE DECLARATION OF A STATE FISCAL
       EMERGENCY PURSUANT TO SECTION 21 (7) OF ARTICLE X OF
       THE STATE CONSTITUTION. 
       
       
          WHEREAS, The members of the Sixty-seventh General Assembly
       and the Governor declared Colorado to be in a state fiscal emergency for
       fiscal years 2009-10 and 2010-11; and
       
          WHEREAS, While there are indications that the recession has
       subsided, the economy is only beginning a slow recovery from the
       deepest recession that the nation and Colorado have experienced since the
       Great Depression; and
       
          WHEREAS, In addition, the Colorado economy remains in a
       weakened state with restrained consumer spending, high unemployment,
       and continued instability in the financial and real estate sectors that
       continue to dampen economic recovery; and
       
          WHEREAS, Colorado suffered significant losses in revenues from
       decreased sales taxes and corporate income taxes while at the same time
       providing basic services to an increased number of Coloradans; and
       
          WHEREAS, According to the Colorado Legislative Council Staff's
       "Economic and Revenue Forecast", dated December 20, 2010, the
       significant loss of general fund revenues resulted in general fund revenue
       close to $1.3 billion, or 16.6 percent, less in fiscal year 2009-10 than two
       years earlier in the pre-recession fiscal year 2007-08; and
       
          WHEREAS, In fiscal year 2011-12, general fund revenue is expected
       to remain $650 million, or 8.4 percent, lower than in fiscal year 2007-08;
       and
       
          WHEREAS, The significant reduction in expected general fund
       revenue for fiscal years 2009-10, 2010-11, and 2011-12 has resulted in a
       state budget crisis; and
       
          WHEREAS, The state has had to address a budget shortfall of close
       to $1.2 billion for fiscal year 2008-09 and $1.7 billion for fiscal year
       2009-10 and is addressing a budget shortfall for fiscal year 2010-11
       totaling more than $1 billion, of which approximately $200 million has
       yet to be addressed; and
       
          WHEREAS, The state is expected to have $1.1 billion less available
       for spending in the general fund in fiscal year 2011-12 than is currently
       budgeted to be spent in fiscal year 2010-11; and
       
          WHEREAS, General fund revenues are not expected to return to fiscal
       year 2007-08 levels until some time after fiscal year 2012-13; and
       
          WHEREAS, Section 21 of article X of the state constitution provides
       for the imposition of additional state cigarette and tobacco taxes and
       allows the resulting tax revenues to be used to expand health care for
       children and low-income populations, tobacco education programs, and
       the prevention and treatment of cancer and heart and lung disease; and
       
          WHEREAS, Section 21 of article X of the state constitution expressly
       recognizes that there might come a time when the state would experience
       a fiscal emergency and sets forth the allocation of the tobacco tax
       revenues; and
       
          WHEREAS, Section 21 (7) of article X of the state constitution allows
       the General Assembly to declare a state fiscal emergency for a single
       fiscal year by a joint resolution approved by a two-thirds majority vote of
       the members of both houses of the General Assembly and by the
       Governor; and
       
          WHEREAS, The adoption of a joint resolution declaring a state fiscal
       emergency allows the General Assembly to use revenue generated under
       section 21 of article X of the state constitution for any health-related
       purpose and to serve populations enrolled in the children's basic health
       plan and the Colorado medical assistance program at their respective
       levels of enrollment on January 1, 2005; now, therefore,
       
          Be It Resolved by the Senate of the Sixty-eighth General Assembly of
       the State of Colorado, the House of Representatives concurring herein:
       
          (1)  That we, the members of the Sixty-eighth General Assembly, do
       hereby declare Colorado to be in a state fiscal emergency for fiscal year
       2011-12; and
       
          (2)  That, upon the signature of the Governor and pursuant to the
       provisions of section 21 (7) of article X of the state constitution, the
       General Assembly intends to use revenue generated under section 21 of
       article X of the state constitution for any health-related purpose and to
       serve populations enrolled in the children's basic health plan and the
       Colorado medical assistance program at their respective levels of
       enrollment on January 1, 2005.
       
                    Be It Further Resolved, That copies of this Joint Resolution be sent to
       Walker Stapleton, Colorado State Treasurer, and David J. McDermott,
       Colorado State Controller.
       
       
       
       
       
       ____________________________  ____________________________
       Brandon C. Shaffer                     Frank McNulty
       PRESIDENT OF                    SPEAKER OF THE HOUSE
       THE SENATE                        OF REPRESENTATIVES
       
       
       
       
       
       
       ____________________________  ____________________________
       Cindi Markwell                        Marilyn Eddins
       SECRETARY OF                CHIEF CLERK OF THE HOUSE
       THE SENATE                        OF REPRESENTATIVES
       
       
       
       
                   APPROVED________________________________________
       
       
       
       
       
                                     _________________________________________
                                     John W. Hickenlooper
                                     GOVERNOR OF THE STATE OF COLORADO