First Regular Session
Sixty-second General Assembly
LLS NO. 99-0891.01 Jane Ard-Smith SENATE BILL 99-237
STATE OF COLORADO
BY SENATORS Pascoe, Hernandez, Linkhart, Matsunaka, and Rupert;
also REPRESENTATIVE Leyba.
STATE, VETERANS, & MILITARY AFFAIRS
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING THE REPEAL OF THE STATUTORY LIMITATION ON STATE
102 GENERAL FUND APPROPRIATIONS WITHOUT AFFECTING THE
103 LIMITATION ON STATE FISCAL YEAR SPENDING ESTABLISHED IN THE
104 CONSTITUTION.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Repeals the statutory limitation on state general fund
appropriations, commonly known as the "Arveschoug-Bird amendment",
after state fiscal year 1999-2000.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Legislative declaration. (1) The general assembly
3 hereby finds and declares that the maximum annual percentage increase
4 in state fiscal year appropriations established by section 20 (7) (a) of
5 article X of the state constitution (the "Taxpayer's Bill of Rights" or
6 "TABOR") is an effective limitation on the general assembly's ability to
7 increase spending at the state level. When the voters adopted TABOR,
8 the general assembly had already established a statutory limitation on
9 state general fund appropriations, commonly known as the
[ ] 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 "Arveschoug-Bird amendment", that limited the general assembly's
2 authority to appropriate general funds in an amount equal to no more than
3 five percent of Colorado personal income or six percent of the state
4 general fund appropriations for the previous fiscal year, whichever is less.
5 (2) The general assembly further finds and declares that TABOR,
6 working in concert with the Arveschoug-Bird amendment, has had the
7 effect of restricting the general assembly's use of funds that fall below the
8 TABOR spending limit but that exceed the Arveschoug-Bird
9 appropriation limit. Currently, those funds can only be appropriated for
10 capital construction projects.
11 (3) While the restrictions of the Arveschoug-Bird amendment
12 hamper the general assembly's ability to fund programs and projects, the
13 repeal of the statutory limitation on state general fund appropriations will
14 not affect the constitutional limitation on state fiscal year spending
15 established in TABOR.
16 (4) Therefore, the general assembly finds that the
17 Arveschoug-Bird amendment limiting the purposes for which state funds
18 may be used should be repealed.
19 SECTION 2. 24-75-201.1 (1) (a) (II), Colorado Revised Statutes,
20 is amended to read:
21 24-75-201.1. Restriction on state appropriations.
22 (1) (a) (II) Except as otherwise provided for in subparagraphs (III) and
23 (IV) of this paragraph (a), for the fiscal year 1991-92 and each fiscal year
24 thereafter ENDING WITH THE FISCAL YEAR 1999-2000, the total state
25 general fund appropriations shall be limited to such moneys as are
26 necessary for reappraisals of any class or classes of taxable property for
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1 property tax purposes as required by section 39-1-105.5, C.R.S., plus the
2 lesser of:
3 (A) An amount equal to five percent of Colorado personal
4 income; or
5 (B) Six percent over the total state general fund appropriations for
6 the previous fiscal year.
7 SECTION 3. Refer to people under referendum. This act shall
8 be submitted to a vote of the registered electors of the state of Colorado
9 at the next election for which it may be submitted, for their approval or
10 rejection, under the provisions of the referendum as provided for in
11 section 1 of article V and section 20 of article X of the state constitution,
12 and in article 40 of title 1, Colorado Revised Statutes. Each elector
13 voting at said election and desirous of voting for or against said act shall
14 cast a vote as provided by law either "Yes" or "No" on the proposition:
15 "SHALL THE STATUTORY LIMITATION ON STATE GENERAL FUND
16 APPROPRIATIONS BE REPEALED AFTER THE 1999-2000 STATE FISCAL YEAR
17 WITHOUT AFFECTING THE LIMITATION ON STATE FISCAL YEAR SPENDING
18 ESTABLISHED IN THE CONSTITUTION?" The votes cast for the adoption or
19 rejection of said act shall be canvassed and the result determined in the
20 manner provided by law for the canvassing of votes for representatives
21 of Congress.