Colorado LegiSource

An informational and educational resource for the Colorado General Assembly by the Office of Legislative Legal Services.

Author: olls

  • Shall State Taxes Be Increased? November Ballot Features Temporary Tax Increase Initiative for Public Education

    by Holly Mandis

    This November, a single citizen-sponsored initiative will appear on the ballot:  Proposition 103, the Temporary Tax Increase for Public Education.  State Senator Rollie Heath, who initially proposed the idea, turned in 142,000 signatures, and, on August 24, 2011, Secretary of State Scott Gessler certified Proposition 103 for the November ballot.

    Proposition 103 creates a five-year “timeout” from education funding cuts.  It seeks to increase school funding by raising the sales and use tax rate from the current 2.9% to 3.0% and the state income tax rate from 4.63% to 5.0%.  These increases would be in effect from 2012 to 2017 and are anticipated to raise an additional $3 billion for schools over those five years.  The proposal allows the additional revenue to be used only for public schools and the state’s higher education system and prevents the General Assembly from using the new revenue to supplant existing funding.  The measure also establishes the amounts appropriated in fiscal year 2011-12 for public elementary and secondary schools and higher education as a floor.  The General Assembly would decide how to allocate the additional funding.

    For fiscal year 2011-12, the General Assembly appropriated $3.7 billion for preschool through high school education and $624 million for higher education.  Combined, this spending on public education represents about 50% of the total general fund moneys appropriated.  Direct state funding for public education has declined in the past few years; for fiscal year 2011-12, the General Assembly made cuts of $228 million. Some of the reductions have been offset by local community tax contributions and by increases in tuition rates and fees, in addition to private donations.

    Supporters of the measure say that a long-term economic recovery in the state will rely on a highly educated workforce and that businesses value a good public education system for the benefits it provides to business and its employees.  Supporters also point out that, since 2006, tuition costs for higher education for in-state students have increased by 43%, and the proposed tax increase is needed to offset those increased costs.  Proposition 103 restores tax rates to 1999 levels, and proponents argue that this very small temporary tax increase will allow policymakers additional time to implement a long-term solution for education funding.

    Opponents of the measure say that raising taxes during this economic downturn will slow Colorado’s economic recovery.  Charging people and businesses more in taxes may result in lower consumer spending and business investment, and raising sales taxes disproportionately burdens lower- and middle-income consumers.  Opponents also contend that Proposition 103 lacks accountability to taxpayers, as the text of the proposal does not provide a plan for specifically how the additional funds will improve public education.  Education is a local issue, and schools are accountable to their communities.  Schools and communities can seek local options and private resources.  Higher education is an individual choice and subsequently should not be further subsidized by the state.  Finally, opponents say that Proposition 103 is an irresponsible approach to increasing education funding – if the economy fails to recover during the five-year period of the tax increase, larger cuts to other programs may be necessary to meet the minimum education funding levels set in the measure.

    If recent history is any guide, Proposition 103 will face an uphill battle at the ballot box.  Other initiatives that would have raised revenue in Colorado for a variety of causes have recently been voted down, including Amendments 51, 52, 58, and 59 in 2008.  Tax increase supporters, however, are counting on a shift in the public’s priorities in 2011.  In 2010, Oregon voters upheld legislatively approved individual and corporate tax increases at the polls, while Arizona voters approved a temporary sales tax increase that the legislature placed on the ballot.  However, there are signs that the pro-tax side is also struggling.  In Georgia, a referendum set for the state ballot in 2012 to increase taxes for transportation funding is trailing in the polls, despite support of the measure by the business community.  For more information on Proposition 103, see the Legislative Council 2011 Blue Book analysis.  The supporters’ website can be found at http://voteyeson103.com/, and the opponents’ website can be found at http://www.savecoloradojobs.org/index.html.

  • What is the OLLS’ role in the ballot initiative process?

    When a citizen proposes a ballot initiative, he or she must first submit it to the Legislative Council Staff (LCS). At that point, staff from both the OLLS and LCS review the measure and write a memo asking technical questions and substantive questions about the meaning of the initiative. The staff and the proponent then participate in a review-and-comment hearing, which is open to the public, at which they discuss the memo and allow the proponent to explain his or her initiative on the record. After the hearing, the proponent can submit the initiative to the Secretary of State’s office, or the proponent may make changes to the initiative and resubmit it to the LCS for another review and hearing.

    Although we review the proposed initiatives and may raise issues for the proponents to consider, the OLLS has no statutory authority to draft initiative measures for the proponents nor to edit, approve, or reject any initiated proposals.

    Sometimes legislators participate in the initiative process as proponents or as consultants to proponents. Because of the conflict of interest issues involved in having drafters prepare initiative language for legislators, the Committee on Legal Services has adopted a policy that a member of the General Assembly should not ask the OLLS staff to provide drafting assistance for an initiated measure. The OLLS does draft bills and concurrent resolutions that are introduced into the legislative process and that the General Assembly may ultimately refer to the voters.

  • [Re]Consider This!

    Reconsideration of a Previous Vote on
    A Legislative Action: Some Recent Examples
    or
    Motion to Reconsider: What, When,
    Who, How, and Why
    or
    [Re]Consider This!

     

    By Jennifer Gilroy and Sharon Eubanks

    One of the most frequently invoked, but most misunderstood rules, is the rule on reconsideration.  Found in the rules of both the House (HR 35) and the Senate (SR 18), the rules addressing reconsideration of questions decided on the floor and in committees of reference are used as often to provide relief from miscalculated procedural moves as they are to reflect a change of mind or misstated vote.  For example, during the 2011 session the Senate Majority Leader relied on Senate Rule 18 to turn back the hands of time and correct a procedural misstep that occurred late in the session (not in the final three days) when several Senate budget “orbit” bills returning from the House were read across the Senate desk and immediately called up for consideration of House amendments, without having first been placed on the Senate calendar or in members’ files.  (more…)

  • What happens if I make the same bill request as another legislator?

    When the OLLS determines that your bill request appears to be identical or substantially similar to a request made by another legislator, the Office will contact you and let you know that it appears a similar bill request has already been submitted. The drafter can tell you whether the first request was made by someone in the same house or the opposite house of the legislature or by someone in the same party. Because of confidentiality concerns, however, the drafter cannot tell you the name of the legislator who made the first request, unless that request has already been introduced as a bill. The drafter will then ask your permission to tell the legislator who submitted the first request that you are requesting an identical or substantially similar bill.

    At this point, you may choose to withdraw your bill request. Or, you may tell the drafter that you want to proceed with your bill request, and you do not authorize the drafter to tell the first legislator that you are requesting the same or a similar bill. In this case, the drafter will proceed to draft your bill without divulging any further information. However, if you give the drafter permission to talk with the first legislator, he or she will contact that person. With that person’s permission, the drafter will tell you who the first legislator is, and you and the other legislator may discuss how you wish to proceed.

    At this point, you may decide to join efforts as prime sponsors in each house or as prime co-sponsors in the same house. Or you may decide that one of you should be the prime sponsor and the other a cosponsor. You may also decide to go forward with drafting and introducing both bills and let the legislative process determine the outcome. In no event, however, are you required to withdraw your bill request just because another legislator has already submitted the same or a similar request.

  • Verifiable Oddities in Colorado’s History

    The Day Colorado Had 3 Governors

    by Ashley Zimmerman

    In the summer and fall of 1903, Colorado entered what would become two of her most turbulent years in history.  Union and non-union miners were engaged in violent showdowns with each other, and politicians with very different ideas of how to manage the escalating violence were up against each other in the polls. (more…)

  • Can I choose a specific drafter to draft my bill?

    You may request a specific drafter to draft your bill, and we will make every effort to fulfill your request. However, the team leader for each subject matter team has discretion in assigning bills to the drafters on his or her team. Usually, the team leader bases bill assignments on subject matter expertise and workload. But, if you would like to work with a particular drafter, please let us know. If the drafter’s expertise is appropriate to the bill request, the team leader will certainly take the request into account and generally assign the bill to the requested drafter if possible.

  • So You Want A New Special License Plate

    By Jery Payne

    You’re ready to brave the groans from your peers. You’re ready to brave the dark looks from the state patrol’s liaison. You are ready to create a new special license plate. You’re ready because, darn it, this is such a good cause!

    (more…)

  • What are the OLLS subject matter teams?

    There are three OLLS subject matter teams:
    • Business, Health Care, Natural Resources and Environment Team, a.k.a. the Bus Team
    • Fiscal Policy, Infrastructure, Elections, Education Finance, and State and Local Government Team, a.k.a. the Gov Team
    • Civil and Criminal Law, Education, and Human Services Team, a.k.a. the Law Team

    This specialization allows OLLS staff to gain expertise in particular areas of law and allows those persons with the most knowledge and experience in an area of law to address any needs members have concerning that area of law. When you submit a bill or research request, it is automatically routed to the subject matter team with the expertise necessary to draft your bill or answer your question.

    OLLS also has an Administration Team, which includes the front office staff and the Director and Deputy Director, and a Publications Team, which focuses most of its energies on the process for publishing the statutes.

  • Status of the Reapportionment Commission, September 1, 2011

    by Troy Bratton

    As you’ve probably heard by now, the process of redistricting for the Colorado General Assembly is in full swing.  Please check back to LegiSource occasionally for updates on the Reapportionment Commission’s progress through the end of the year.  Here’s what’s happened thus far: (more…)

  • Debut of “Ask OLLS” Column

    Now you have the opportunity to ask OLLS all those little questions that you’ve been curious about regarding legislative and drafting matters!  Check out our weekly column, “Ask OLLS”, which is designed to answer questions about OLLS and the legislative process and any other questions you may have related to the statutes or the General Assembly.  Questions may cover a wide range of topics, from bill drafting to publication of the statutes to separation of powers.  We invite legislators to submit questions that we will answer on this page.  If you have a question to ask our office, just click the “Feedback” tab at the top of the page.