Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

This is supplied as an informational item only.

This is NOT an official publication of the Colorado Legislature.

First Regular Session

Sixty-first General Assembly

LLS NO. R97@0808.01 DLC

STATE OF COLORADO

ENGROSSED

BY SENATOR Wattenberg;

also REPRESENTATIVE Adkins.

SENATE JOINT RESOLUTION 97-32

AUTHORIZING THE COMMITTEE ON LEGAL SERVICES TO RETAIN COUNSEL WITH REGARD TO THE CIVIL ACTIONS CHALLENGING THE CONSTITUTIONALITY OF SECTION 39­3­136, COLORADO REVISED STATUTES, AS AMENDED, WHICH RELATES TO THE TAXATION OF POSSESSORY INTERESTS.

WHEREAS, The trial courts' decisions in the cases denominated Allen S. Black, et al. v. Colorado State Board of Equalization, Civil Action No. 96 CV 6388, Terry L. Phillips, et al. v. The Colorado State Board of Equalization, et al., Case No. 96 CV 6246, and Diane Settle, et al. v. The Colorado State Board of Equalization, et al., Case No. 96 CV 6149, presently pending in the Denver District Court, may adversely affect the General Assembly's legislative prerogatives under the doctrine of separation of powers; and

WHEREAS, It is within the authority of the General Assembly to enact statutes that govern the application of property taxes to interests in property and, specifically, through the enactment of such statutes, to clarify the application of an exemption to specific fact situations and to recognize changing circumstances; and

WHEREAS, This legislative prerogative is necessary to the General Assembly's policy­making functions, because the representative branch of state government must be able to balance and resolve vital economic and tax fairness issues in light of contemporary circumstances; and

WHEREAS, Another important legislative prerogative to be protected is the General Assembly's ability to bring forth legislation to address important public policy issues; and

WHEREAS, The pending civil actions challenging the constitutionality of section 39­3­136, Colorado Revised Statutes, were filed by the counties of Boulder, Clear Creek, Eagle, Grand, Jefferson, Montezuma, Pitkin, Routt, and Summit, which are refusing to carry out the duly enacted law; and

WHEREAS, This refusal by the counties, when viewed in light of the Colorado Supreme Court's determination that counties are not independent governmental entities but are political subdivisions of the state, existing only for the convenient administration of the state government and created to carry out the will of the state, Romer v. Bd. of Com'rs, Weld County, Colo., 897 P.2d 779 (Colo. 1995), Board of County Comm'rs v. Love, 172 Colo. 121, 470 P.2d 861 (1970), does not accord with the exercise of important legislative prerogatives of the General Assembly; and

WHEREAS, The interest in preserving these and other legislative prerogatives is an interest of the General Assembly as an institution and not of the individual members thereof; and

WHEREAS, The Committee on Legal Services, acting pursuant to section 2­3­1001, Colorado Revised Statutes, may retain counsel to represent the General Assembly as amicus curiae in an appellate proceeding arising out of the said Denver District Court cases for the purpose of informing an appellate court of the General Assembly's interest in preserving said legislative prerogatives; and

WHEREAS, The Sixty­first General Assembly of the State of Colorado believes that one of its most solemn duties is to preserve and protect its legislative prerogatives; now, therefore,

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

(1) That it may be in the best interest of the General Assembly and the State of Colorado that the General Assembly seek to preserve and protect its legislative prerogatives through participation in an appellate proceeding arising out of the said Denver District Court cases as an amicus curiae seeking to uphold the constitutionality of section 39­3­136, Colorado Revised Statutes.

(2) That the Committee on Legal Services, in furtherance of its authority under section 2­3­1001, Colorado Revised Statutes, is hereby authorized and directed to retain legal counsel to consider the representation of the General Assembly's interests as provided in this joint resolution.

(3)  That the Committee on Legal Services may retain such legal counsel when the Committee deems such action appropriate and shall be notified of the commencement of any appellate proceeding arising out of the said Denver District Court cases upon receipt by the Office of Legislative Legal Services of notification from the Attorney General's office that an appeal from a decision in said Denver District Court cases has been filed with either the Colorado Court of Appeals or the Colorado Supreme Court.

(4)  That, after conferring with legal counsel, the Committee on Legal Services may direct legal counsel to represent the General Assembly as an amicus curiae in such manner as best accomplishes the objectives of such legal representation.

(5)  That a copy of this Resolution be transmitted to the Attorney General's office.