First Regular Session

Sixty-first General Assembly

LLS NO. R97@0040.01 SLE

STATE OF COLORADO

BY SENATOR Tebedo

TRANSPORTATION

FINANCE

SENATE CONCURRENT RESOLUTION 97-3

SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AN AMENDMENT TO SECTION 20 OF ARTICLE X OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE EXCLUSION OF FUNDS USED FOR THE CONSTRUCTION, MAINTENANCE, AND SUPERVISION OF SURFACE TRANSPORTATION SYSTEMS FROM SPENDING LIMITATIONS, AND, IN CONNECTION THEREWITH, SPECIFYING THAT ANY TRANSFER OF STATE MONEYS TO FUNDS THAT ARE USED FOR THE CONSTRUCTION, MAINTENANCE, AND SUPERVISION OF SURFACE TRANSPORTATION SYSTEMS IN COLORADO DOES NOT WEAKEN ANY STATE REVENUE OR SPENDING TO EXCLUDE FUNDS THAT ARE USED FOR THE CONSTRUCTION, MAINTENANCE, AND SUPERVISION OF SURFACE TRANSPORTATION SYSTEMS IN COLORADO, AND REQUIRING A ONE­TIME REDUCTION IN A DISTRICT'S BASE TO EXCLUDE SUCH FUNDS FROM A DISTRICT'S FISCAL YEAR SPENDING.

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Resolution Summary

(Note: This summary applies to this resolution as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

For purposes of the constitutional prohibition against weakening any other revenue, spending, or debt limitation without voter approval, specifies that any transfer of state moneys to the highway users tax fund or any other fund used for the construction, maintenance, and supervision of surface transportation systems in Colorado does not weaken any state revenue or spending limit.

For purposes of the constitutional limit on the fiscal year spending of state and local governments, amends the definition of "fiscal year spending" to exclude district expenditures and reserve increases from funds that are used for the construction, maintenance, and supervision of surface transportation systems in Colorado. For the fiscal year commencing on and after January 1, 1999, but prior to January 1, 2000, requires a district's base to be reduced by the amount of a district's fiscal year spending during the previous fiscal year involving funds used for highway purposes.

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Be It Resolved by the Senate of the Sixty­first General Assembly of the State of Colorado, the House of Representatives concurring herein:

SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:

Section 20 (1), (2) (e), and (7) (d) of article X of the constitution of the state of Colorado are amended to read:

Section 20.  The Taxpayer's Bill of Rights. (1)  General provisions.  This section takes effect December 31, 1992, or as stated. Its preferred interpretation shall reasonably restrain most the growth of government. All provisions are self­executing and severable and supersede conflicting state constitutional, state statutory, charter, or other state or local provisions. Other limits on district revenue, spending, and debt may be weakened only by future voter approval; HOWEVER, ANY TRANSFER OF STATE MONEYS TO THE HIGHWAY USERS TAX FUND CREATED IN SECTION 43­4­201, COLORADO REVISED STATUTES, OR TO ANY OTHER STATE FUND USED FOR THE CONSTRUCTION, MAINTENANCE, AND SUPERVISION OF SURFACE TRANSPORTATION SYSTEMS IN THIS STATE SHALL NOT CONSTITUTE A WEAKENING OF ANY STATE REVENUE OR SPENDING LIMIT. Individual or class action enforcement suits may be filed and shall have the highest civil priority of resolution. Successful plaintiffs are allowed costs and reasonable attorney fees, but a district is not unless a suit against it be ruled frivolous. Revenue collected, kept, or spent illegally since four full fiscal years before a suit is filed shall be refunded with 10% annual simple interest from the initial conduct. Subject to judicial review, districts may use any reasonable method for refunds under this section, including temporary tax credits or rate reductions. Refunds need not be proportional when prior payments are impractical to identify or return. When annual district revenue is less than annual payments on general obligation bonds, pensions, and final court judgments, (4) (a) and (7) shall be suspended to provide for the deficiency.

(2)  Term definitions.  Within this section: (e)  "Fiscal year spending" means all district expenditures and reserve increases except, as to both, those for refunds made in the current or next fiscal year or those from gifts, federal funds, collections for another government, pension contributions by employees and pension fund earnings, reserve transfers or expenditures, damage awards, or property sales, OR FUNDS USED FOR THE CONSTRUCTION, MAINTENANCE, AND SUPERVISION OF SURFACE TRANSPORTATION SYSTEMS IN THIS STATE.

(7) (d)  If revenue from sources not excluded from fiscal year spending exceeds these limits in dollars for that fiscal year, the excess shall be refunded in the next fiscal year unless voters approve a revenue change as an offset. Initial district bases are current fiscal year spending and 1991 property tax collected in 1992. Qualification or disqualification as an enterprise shall change district bases and future year limits. Future creation of district bonded debt shall increase, and retiring or refinancing district bonded debt shall lower, fiscal year spending and property tax revenue by the annual debt service so funded. Debt service changes, reductions, (1) and (3) (c) refunds, and voter­approved revenue changes are dollar amounts that are exceptions to, and not part of, any district base. IN ADDITION TO ANY OTHER CHANGES REQUIRED BY THIS PARAGRAPH (d), FOR THE FISCAL YEAR COMMENCING ON AND AFTER JANUARY 1, 1999, BUT PRIOR TO JANUARY 1, 2000, A DISTRICT'S BASE SHALL BE DECREASED BY THE AMOUNT OF A DISTRICT'S FISCAL YEAR SPENDING DURING THE PREVIOUS FISCAL YEAR INVOLVING FUNDS USED FOR THE CONSTRUCTION, MAINTENANCE, AND SUPERVISION OF SURFACE TRANSPORTATION SYSTEMS IN THIS STATE. Voter­approved revenue changes do not require a tax rate change.

SECTION 2.  Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO SECTION 20 OF ARTICLE X OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE EXCLUSION OF FUNDS USED FOR THE CONSTRUCTION, MAINTENANCE, AND SUPERVISION OF SURFACE TRANSPORTATION SYSTEMS FROM SPENDING LIMITATIONS, AND, IN CONNECTION THEREWITH, SPECIFYING THAT ANY TRANSFER OF STATE MONEYS TO FUNDS THAT ARE USED FOR THE CONSTRUCTION, MAINTENANCE, AND SUPERVISION OF SURFACE TRANSPORTATION SYSTEMS IN COLORADO DOES NOT WEAKEN ANY STATE REVENUE OR SPENDING LIMITATION, MODIFYING THE DEFINITION OF "FISCAL YEAR SPENDING" TO EXCLUDE FUNDS THAT ARE USED FOR THE CONSTRUCTION, MAINTENANCE, AND SUPERVISION OF SURFACE TRANSPORTATION SYSTEMS IN COLORADO, AND REQUIRING A ONE­TIME REDUCTION IN A DISTRICT'S BASE TO EXCLUDE SUCH FUNDS FROM A DISTRICT'S FISCAL YEAR SPENDING."

SECTION 3.  The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.