Showing posts with label A59. Show all posts
Showing posts with label A59. Show all posts

Tuesday, October 6, 2009

2008 State Ballot Issues – 11 Months On

In 2008 the voters of Colorado only approved 4 state ballot issues (all constitutional changes): Amendments 50 and 54 and Referenda M and N. The approved referenda were housekeeping referenda to deal with obsolete provisions in our overburdened state constitution. Below are some follow-up comments on a few of the 2008 state ballot issues from the perspective of October 2009.

Amendment 50 – approved by voters (59% yes to 41% no)
Limited Gambling in Central City, Black Hawk and Cripple Creek

Seventy-eight percent of the tax revenue increase from this amendment goes toward community colleges. David Skaggs was the Executive Director of CO Department of Higher Ed and lobbied hard for passage of Amendment 50. On Sept 11, 2009 David Skaggs resigned from his position citing an irreconcilable difference with the governor.


Amendment 54 – approved by voters (51% yes to 49% no)
Campaign Contributions from Certain Government Contractors

In June Denver Judge Catherine Lemon temporarily halted implementation of Amendment 54. The Colorado Attorney General appealed the ruling to the State Supreme Court. The case has been fast-tracked and arguments will begin in the fall.

Colorado Independent article on Amendment 54
http://coloradoindependent.com/36511/colorado-supreme-court-fast-tracks-clean-government-amendment-case


Amendment 59 – rejected by voters (45% yes to 55% no)
Education Funding and TABOR Rebates

There are several big constitutional constraints on our state budget. Amendment 59 would have gotten rid of the Amendment 23 and TABOR rebate handcuffs, but voters rejected it. Meanwhile, the state budget situation is even bleaker today than a year ago. To help solve the budget problems, legislators used a loophole in the School Finance Act (SB 256) to delay until January 2010 some of the Amendment 23 funding. In January we will know if the delayed funding is actually available.

A column by Kevin Holst about Amendment 23
http://www.examiner.com/x-9202-Denver-Republican-Examiner~y2009m5d6-Amendment-23-and-the-new-fiscal-crisis-factor


Referendum O – rejected by voters (48% yes to 52% no)
Citizen-Initiated State Laws

Ref O proposed constitutional changes to the initiative process. It was rejected by voters, but since then a new law, HB 1326 (Integrity of Citizen-Initiated Petitions), makes many statutory changes to the initiative process including changing the way that state issues are presented on the ballot. Changes to the constitution will be called amendments and changes to the statutes will be called propositions.

Text of HB 1326
http://www.leg.state.co.us/CLICS/CLICS2009A/csl.nsf/fsbillcont3/5A4C8A345E184B5487257537001A32E4?Open&file=1326_enr.pdf

Monday, September 22, 2008

Amendment 59 -- Education Funding and TABOR Rebates

This initiative would 1) set aside money up to a certain threshold in a savings account within the State Education Fund for preschool through 12th grade (P-12) education and limit when the savings account money can be spent, 2) allow certain transfers from the general fund to the State Education Fund after required transfers to the Highway Users Tax Fund are made, 3) eliminate the inflationary increase in P-12 education spending currently required by the Amendment 23 provision, and 4) eliminate TABOR rebates (when the state collects more money than is allowed) putting the money in the State Education Fund. The first two provisions listed above would take effect in the 2009-10 fiscal year, but the other provisions would only take effect in the 2011-12 fiscal year.

Required CONSTITUTIONAL change -- CHANGES Section 17 of Article IX and ADDS a subsection to Section 20 of Article X

Recommendation: yes
Amendment 23 and the TABOR rebates have handcuffed the general assembly in its ability to budget for our state. This amendment would get rid of both of those handcuffs. It also allows the state to set aside money for education in an economic downturn. Because P-12 education is the biggest chunk of the state budget and we are taking away Amendment 23’s provisions of guaranteed funding, it is reasonable for the TABOR rebates to go into the State Education Fund. Although taxpayers might be unhappy about not getting future rebates, revenue collection (e.g. taxes) is still constrained by TABOR. Meanwhile, the hope is that the P-12 education system in our state will improve.


Website for Yes side (Savings Account for Education Initiative)
http://www.coloradosafe.org/

Website for No side (Strike a Better Balance)
http://www.strikeabetterbalance.com/


Amendment 59 (Approved ballot title below)

Education Funding and TABOR Rebates

SHALL THERE BE AN AMENDMENT TO THE COLORADO CONSTITUTION CONCERNING THE MANNER IN WHICH THE STATE FUNDS PUBLIC EDUCATION FROM PRESCHOOL THROUGH THE TWELFTH GRADE, AND, IN CONNECTION THEREWITH, FOR THE 2010-11 STATE FISCAL YEAR AND EACH STATE FISCAL YEAR THEREAFTER, REQUIRING THAT ANY REVENUE THAT THE STATE WOULD OTHERWISE BE REQUIRED TO REFUND PURSUANT TO THE CONSTITUTIONAL LIMIT ON STATE FISCAL YEAR SPENDING BE TRANSFERRED INSTEAD TO THE STATE EDUCATION FUND; ELIMINATING THE REQUIREMENT THAT, FOR THE 2011-12 STATE FISCAL YEAR AND EACH STATE FISCAL YEAR THEREAFTER, THE STATEWIDE BASE PER PUPIL FUNDING FOR PUBLIC EDUCATION FROM PRESCHOOL THROUGH THE TWELFTH GRADE AND THE TOTAL STATE FUNDING FOR ALL CATEGORICAL PROGRAMS INCREASE ANNUALLY BY AT LEAST THE RATE OF INFLATION; CREATING A SAVINGS ACCOUNT IN THE STATE EDUCATION FUND; REQUIRING THAT A PORTION OF THE STATE INCOME TAX REVENUE THAT IS DEPOSITED IN THE STATE EDUCATION FUND BE CREDITED TO THE SAVINGS ACCOUNT IN CERTAIN CIRCUMSTANCES; REQUIRING EITHER A TWO-THIRDS MAJORITY VOTE OF EACH HOUSE OF THE GENERAL ASSEMBLY OR, IN ANY STATE FISCAL YEAR IN WHICH COLORADO PERSONAL INCOME GROWS LESS THAN SIX PERCENT BETWEEN THE TWO PREVIOUS CALENDAR YEARS, A SIMPLE MAJORITY VOTE OF THE GENERAL ASSEMBLY TO USE THE MONEYS IN THE SAVINGS ACCOUNT; ESTABLISHING THE PURPOSES FOR WHICH MONEYS IN THE SAVINGS ACCOUNT MAY BE SPENT; ESTABLISHING A MAXIMUM AMOUNT THAT MAY BE IN THE SAVINGS ACCOUNT IN ANY STATE FISCAL YEAR; AND ALLOWING THE GENERAL ASSEMBLY TO TRANSFER MONEYS FROM THE GENERAL FUND TO THE STATE EDUCATION FUND, SO LONG AS CERTAIN OBLIGATIONS FOR TRANSPORTATION FUNDING ARE MET?

Yes ________________ No ________________


To see the full text of the proposed measure, click here, then click on “2008 State Ballot Information Booklet” at the top of the page.