Click here for Fiscal Note

Second Regular Session

Sixty-first General Assembly

LLS NO. R98­0016.01 SLE

STATE OF COLORADO




BY REPRESENTATIVE Hagedorn

FINANCE

HOUSE CONCURRENT RESOLUTION 98-1006

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 EMERGENCIES, AND, IN CONNECTION THEREWITH, AMENDING THE DEFINITION OF "EMERGENCY", AUTHORIZING THE ESTABLISHMENT OF A LOWER EMERGENCY RESERVE REQUIREMENT FOR DISTRICTS DURING ECONOMIC DOWNTURNS, SPECIFYING PROCEDURES FOR THE EXPENDITURE OF MONEYS FROM A DISTRICT'S EMERGENCY RESERVE, REQUIRING EXCESS REVENUES TO BE RETAINED AS EMERGENCY RESERVES, AND ALLOWING VOTERS TO AUTHORIZE THE USE OF SUCH EXCESS REVENUES FOR PURPOSES OTHER THAN EMERGENCIES.



Resolution Summary

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

For purposes of the constitutional limitation on revenue and spending, amends the definition of "emergency". Authorizes the general assembly or the governing body of a local government to reduce the percentage of fiscal year spending that districts are required to reserve for emergencies during periods of economic downturns, as reflected by objective measures.

Specifies that moneys in the state emergency reserve may be expended only upon the declaration of an emergency by joint resolution adopted by a 2/3rds vote of both houses of the general assembly and approved by the governor. States that moneys in the emergency reserve of a local government may be expended only upon the declaration of an emergency by ordinance or resolution adopted by a 2/3rds vote of the governing body of the local government.

Requires revenues in excess of a district's spending limit to be retained as emergency reserves to be used only for declared emergencies. Allows voters to authorize the expenditure of such excess revenues for purposes other than emergencies or to authorize the refund of such excess revenues.


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

SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to 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 (2) (c), (5), 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. (2)  Term definitions.  Within this section:   (c)  "Emergency" excludes economic conditions, revenue shortfalls, or district salary or fringe benefit increases MEANS A SUDDEN, URGENT, USUALLY UNFORESEEN OCCURRENCE OR OCCASION THAT REQUIRES IMMEDIATE ACTION AND THAT ARISES IMMEDIATELY SUBSEQUENT TO A TWELVE­MONTH PERIOD DURING WHICH OBJECTIVE MEASURES, SUCH AS REDUCED GROWTH IN TOTAL WAGES, RETAIL SALES, OR EMPLOYMENT, REFLECT DOWNTURNS IN THE STATE'S ECONOMY.

(5)  Emergency reserves. (a) (I)  To use for declared emergencies only, EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH (a), each district shall reserve for 1993 1% or more, for 1994 2% or more, and for all later years 3% or more of its fiscal year spending excluding bonded debt service. Unused reserves apply to the next year's reserve.

(II)  FOR ANY FISCAL YEAR COMMENCING IMMEDIATELY SUBSEQUENT TO A TWELVE­MONTH PERIOD DURING WHICH OBJECTIVE MEASURES, SUCH AS REDUCED GROWTH IN TOTAL WAGES, RETAIL SALES, OR EMPLOYMENT, REFLECT DOWNTURNS IN THE STATE=S ECONOMY, THE GENERAL ASSEMBLY MAY REDUCE, BY LAW, THE PERCENTAGE OF FISCAL YEAR SPENDING THAT WOULD OTHERWISE BE REQUIRED FOR THE STATE'S EMERGENCY RESERVES UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH (a). NOTHING IN THIS SUBPARAGRAPH (II) SHALL BE CONSTRUED TO ALLOW FOR ANY GIVEN YEAR SAID PERCENTAGE TO BE SET AT ZERO OR FOR THE EMERGENCY RESERVES REQUIREMENT TO BE WAIVED OR ABOLISHED.

(III)  FOR ANY FISCAL YEAR COMMENCING IMMEDIATELY SUBSEQUENT TO A TWELVE­MONTH PERIOD DURING WHICH OBJECTIVE MEASURES, SUCH AS REDUCED GROWTH IN TOTAL WAGES, RETAIL SALES, OR EMPLOYMENT, REFLECT DOWNTURNS IN THE STATE=S ECONOMY, THE GOVERNING BODY OF A LOCAL GOVERNMENT MAY REDUCE, BY ADOPTION OF AN ORDINANCE OR RESOLUTION, AS APPROPRIATE, THE PERCENTAGE OF FISCAL YEAR SPENDING THAT WOULD OTHERWISE BE REQUIRED FOR THE LOCAL GOVERNMENT'S EMERGENCY RESERVES UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH (a). NOTHING IN THIS SUBPARAGRAPH (III) SHALL BE CONSTRUED TO ALLOW FOR ANY GIVEN YEAR SAID PERCENTAGE TO BE SET AT ZERO OR FOR THE EMERGENCY RESERVES REQUIREMENT TO BE WAIVED OR ABOLISHED.

(b) (I)  THE STATE EMERGENCY RESERVES MAY BE EXPENDED ONLY UPON THE DECLARATION OF AN EMERGENCY BY THE PASSAGE OF A JOINT RESOLUTION WHICH IS APPROVED BY A TWO­THIRDS MAJORITY OF THE MEMBERS OF BOTH HOUSES OF THE GENERAL ASSEMBLY AND WHICH IS APPROVED BY THE GOVERNOR IN ACCORDANCE WITH SECTION 39 OF ARTICLE V OF THIS CONSTITUTION.

(II)  THE EMERGENCY RESERVES OF ANY LOCAL GOVERNMENT MAY BE EXPENDED ONLY UPON THE DECLARATION OF AN EMERGENCY BY THE PASSAGE OF AN ORDINANCE OR RESOLUTION, AS APPROPRIATE, WHICH IS APPROVED BY A TWO­THIRDS MAJORITY OF THE GOVERNING BODY OF THE LOCAL GOVERNMENT.

(7)  Spending limits. (d) (I)  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 RETAINED BY THE DISTRICT AS EMERGENCY RESERVES TO BE USED FOR DECLARED EMERGENCIES ONLY IN ACCORDANCE WITH PARAGRAPH (b) OF SUBSECTION (5) OF THIS SECTION unless voters approve a revenue change as an offset THE USE OF SUCH RETAINED EXCESS REVENUES AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (d). EXCESS REVENUES RETAINED AS EMERGENCY RESERVES PURSUANT TO THIS SUBPARAGRAPH (I) SHALL BE IN ADDITION TO ANY EMERGENCY RESERVES REQUIRED UNDER SUBSECTION (5) OF THIS SECTION. 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. Voter­approved revenue changes do not require a tax rate change.

(II) (A)  FOR REVENUES THAT EXCEED A DISTRICT'S LIMIT SPECIFIED IN THIS SUBSECTION (7) FOR ANY GIVEN FISCAL YEAR, VOTERS MAY APPROVE THE EXPENDITURE OF SUCH EXCESS REVENUES FOR ANY PURPOSE OTHER THAN AN EMERGENCY OR MAY APPROVE THE REFUND OF SUCH EXCESS REVENUES IN THE NEXT FISCAL YEAR. ANY BALLOT ISSUE SUBMITTED TO THE VOTERS PURSUANT TO THIS SUBPARAGRAPH (II) SHALL NOT AUTHORIZE THE EXPENDITURE OR REFUND OF EXCESS REVENUES IN AN AMOUNT EXCEEDING THE AMOUNT OF EXCESS REVENUES FOR THE MOST RECENTLY CONCLUDED FISCAL YEAR. IF VOTERS DO NOT APPROVE THE EXPENDITURE OF SUCH EXCESS REVENUES FOR ANY GIVEN FISCAL YEAR PURSUANT TO THIS SUBPARAGRAPH (II) AT THE NEXT ELECTION AT WHICH THE ISSUE MAY BE SUBMITTED IMMEDIATELY SUBSEQUENT TO THE END OF THAT FISCAL YEAR, THE EXCESS REVENUES FOR THAT FISCAL YEAR SHALL BE RETAINED AS EMERGENCY RESERVES AS PROVIDED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (d). THE EXPENDITURE OF EXCESS REVENUES FOR ANY PURPOSE, OTHER THAN A REFUND, APPROVED BY THE VOTERS PURSUANT TO THIS SUBPARAGRAPH (II) SHALL CONSTITUTE A VOTER­APPROVED REVENUE CHANGE FOR PURPOSES OF THIS SECTION.

(B)  FOR PURPOSES OF THIS SUBPARAGRAPH (II), A BALLOT ISSUE MAY BE INITIATED BY THE PEOPLE IN ACCORDANCE WITH THE LAW PRESCRIBING PROCEDURES THEREFOR OR MAY BE REFERRED TO THE PEOPLE BY THE GENERAL ASSEMBLY IN ACCORDANCE WITH THE LAW PRESCRIBING PROCEDURES THEREFOR.

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 EMERGENCIES, AND, IN CONNECTION THEREWITH, AMENDING THE DEFINITION OF "EMERGENCY", AUTHORIZING THE ESTABLISHMENT OF A LOWER EMERGENCY RESERVE REQUIREMENT FOR DISTRICTS DURING ECONOMIC DOWNTURNS, SPECIFYING PROCEDURES FOR THE EXPENDITURE OF MONEYS FROM A DISTRICT'S EMERGENCY RESERVE, REQUIRING EXCESS REVENUES TO BE RETAINED AS EMERGENCY RESERVES, AND ALLOWING VOTERS TO AUTHORIZE THE USE OF SUCH EXCESS REVENUES FOR PURPOSES OTHER THAN EMERGENCIES."

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.


Created: 3/11/98 Updated: 3/11/98