Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0412.01 Bob Lackner x4350 HOUSE BILL 12-1039 HOUSE SPONSORSHIP Hullinghorst, Ferrandino, Ryden, Kerr A. SENATE SPONSORSHIP (None), House Committees Senate Committees Finance A BILL FOR AN ACT Concerning the adoption of pay-as-you-go requirements for certain bills with specified impacts on the state budget. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) For each regular or special session of the general assembly, prior to the passage of the long appropriation bill, the bill prohibits the appropriations committee in either house from favorably passing out a bill that requires a tax expenditure or that results in either a decrease in revenue to the state or an increase in general fund spending unless the bill either specifically identifies equivalent decreases in such expenditures or offsets to the general fund or specifically identifies sufficient increases in revenue for the next state fiscal year and for any other fiscal year that new tax expenditures or changes in tax expenditures would be implemented. The bill defines "tax expenditure" to mean a deduction from taxable income, tax credit, tax exemption, the lowering of a tax rate, the elimination of a tax, or the elimination or reduction of a fee. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 24-75-114 as follows: 24-75-114. Pay-as-you-go requirements - restrictions on bill passage by appropriations committees - specified bills with impact on state budget - regular or special legislative sessions - declaration - definitions. (1) The general assembly hereby finds, determines, and declares that: (a) The general assembly must be ever mindful that the people of the state regularly face significant financial burdens, particularly in challenging economic times. With this in mind, and with a firm hold on its constitutional responsibilities, the general assembly must ensure that the people's money is spent wisely. (b) In order to live up to its constitutional responsibilities, the general assembly intends to adopt "pay-as-you-go" rules. These rules will guarantee that, whenever a new tax expenditure is made, a source of funding for that tax expenditure will be identified. As the people of the state balance their own checkbooks in this manner, so too should the state follow these same principles in balancing its own books. (c) The people of the state demand and deserve full transparency from their government. Ultimately, it is the people's money that is at stake. The people of the state need and deserve the opportunity to provide input on state tax expenditures based upon their own needs and priorities. (2) For each regular or special session of the general assembly, prior to the passage of the annual general appropriation act, no bill that requires a tax expenditure or that results in either a decrease in revenue to the state or an increase in general fund spending may be favorably passed by the appropriations committee of either house to the full chamber of such house for consideration on second reading unless the bill either specifically identifies equivalent decreases in such expenditures or offsets to the general fund or specifically identifies equivalent increases in revenue for the next state fiscal year and for any other fiscal year that new tax expenditures or changes in tax expenditures would be implemented so that the bill does not impact the state budget. For purposes of this section, "tax expenditure" means, without limitation, a deduction from taxable income, tax credit, tax exemption, the lowering of a tax rate, the elimination of a tax, or the elimination or reduction of a fee. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.