First Regular Session
Sixty-second General Assembly
LLS NO. 99-0319.01 Gregg Fraser HOUSE BILL 99-1006
STATE OF COLORADO
BY REPRESENTATIVE Nunez
FINANCE
A BILL FOR AN ACT
101 CONCERNING A REDUCTION IN THE ANNUAL ALLOWABLE INCREASE IN
102 TOTAL STATE GENERAL FUND APPROPRIATIONS, AND, IN
103 CONNECTION THEREWITH, REDUCING THE ALLOWABLE INCREASE
104 FROM THE LESSER OF FIVE PERCENT OF COLORADO PERSONAL
105 INCOME OR SIX PERCENT OVER GENERAL FUND APPROPRIATIONS
106 FOR THE PREVIOUS FISCAL YEAR TO THE LESSER OF FIVE PERCENT OF
107 COLORADO PERSONAL INCOME OR FIVE PERCENT OVER GENERAL
108 FUND APPROPRIATIONS FOR THE PREVIOUS FISCAL YEAR.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Commencing with the 2000-01 state fiscal year, reduces the
amount that total state general fund appropriations can annually increase
from the lesser of 5% of Colorado personal income or 6% over general
fund appropriations for the previous fiscal year to the lesser of 5% of
Colorado personal income or 5% over general fund appropriations for the
previous fiscal year.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 24-75-201.1 (1) (a) (II), the introductory portion to
3 24-75-201.1 (1) (a) (III), 24-75-201.1 (1) (a) (IV), and the introductory
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 portion to 24-75-201.1 (1) (a) (V), Colorado Revised Statutes, are
2 amended, and the said 24-75-201.1 (1) (a) is further amended BY THE
3 ADDITION OF A NEW SUBPARAGRAPH, to read:
4 24-75-201.1. Restriction on state appropriations.
5 (1) (a) (II) Except as otherwise provided for in subparagraphs (III) and
6 (IV) of this paragraph (a), for the fiscal year 1991-92 and each fiscal year
7 thereafter THROUGH THE FISCAL YEAR 1999-2000, the total state general
8 fund appropriations shall be limited to such moneys as are necessary for
9 reappraisals of any class or classes of taxable property for property tax
10 purposes as required by section 39-1-105.5, C.R.S., plus the lesser of:
11 (A) An amount equal to five percent of Colorado personal
12 income; or
13 (B) Six percent over the total state general fund appropriations for
14 the previous fiscal year.
15 (II.5) EXCEPT AS OTHERWISE PROVIDED FOR IN SUBPARAGRAPHS
16 (III) AND (IV) OF THIS PARAGRAPH (a), FOR THE FISCAL YEAR 2000-01 AND
17 EACH FISCAL YEAR THEREAFTER, THE TOTAL STATE GENERAL FUND
18 APPROPRIATIONS SHALL BE LIMITED TO SUCH MONEYS AS ARE NECESSARY
19 FOR REAPPRAISALS OF ANY CLASS OR CLASSES OF TAXABLE PROPERTY FOR
20 PROPERTY TAX PURPOSES AS REQUIRED BY SECTION 39-1-105.5, C.R.S.,
21 PLUS THE LESSER OF:
22 (A) AN AMOUNT EQUAL TO FIVE PERCENT OF COLORADO PERSONAL
23 INCOME; OR
24 (B) FIVE PERCENT OVER THE TOTAL STATE GENERAL FUND
25 APPROPRIATIONS FOR THE PREVIOUS FISCAL YEAR.
26 (III) The limitation on the level of state general fund
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1 appropriations set forth in subparagraph SUBPARAGRAPHS (II) AND (II.5)
2 of this paragraph (a) shall not apply to:
3 (IV) (A) The limitation on the level of state general fund
4 appropriations as set forth in subparagraph (II) OR (II.5) of this paragraph
5 (a) may be exceeded for a given fiscal year upon the declaration of a state
6 fiscal emergency by the general assembly. A state fiscal emergency may
7 be declared by the passage of a joint resolution which THAT is approved
8 by a two-thirds majority vote of the members of both houses of the
9 general assembly and which THAT is approved by the governor in
10 accordance with section 39 of article V of the state constitution.
11 (B) Any funds appropriated in a given fiscal year which THAT
12 exceed the limitation on state general fund appropriations established by
13 subparagraph (II) OR (II.5) of this paragraph (a) because of the declaration
14 of a state fiscal emergency by the general assembly pursuant to
15 sub-subparagraph (A) of this subparagraph (IV) shall not be included in
16 the calculation of the maximum level of state general fund appropriations
17 pursuant to sub-subparagraph (B) of subparagraph (II) OR (II.5) of this
18 paragraph (a) for subsequent fiscal years.
19 (V) No state cash fund appropriation which THAT either supplants
20 any state general fund appropriation or, if not made, would necessitate a
21 state general fund appropriation shall be made in order to circumvent the
22 limitation on the level of state general fund appropriations set forth in
23 subparagraph (II) OR (II.5) of this paragraph (a). The provisions of this
24 subparagraph (V) shall not apply to any state cash fund appropriation:
25 SECTION 2. Safety clause. The general assembly hereby finds,
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1 determines, and declares that this act is necessary for the immediate
2 preservation of the public peace, health, and safety.