HomeMy WebLinkAboutR93-033 general assembly to honor intent of amendment 1 - Tabor1
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Commissioner moved adoption
of the followi Resolu ion:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 93 -__,�2�
REQUESTING COLORADO GENERAL ASSEMBLY
TO HONOR INTENT OF
SECTION 9 OF AMENDMENT 1
REGARDING
DEFINITION OF
STATE MANDATES
WHEREAS, the voters of the State Of Colorado approved
Amendment 1, also known as the Taxpayer's Bill of Rights (TABOR)
and the "Bruce Amendment" in November of 1993; and
WHEREAS, Amendment 1 limits both state and local government
taxation and spending, causing similar challenges to state and
local government elected officials; and
WHEREAS, county commissioners and other officials have worked
diligently and in good faith as partners rather than adversaries
with members of Colorado General Assembly and others to implement
the will of the voters; and
WHEREAS, Amendment 1 includes Article X, Section 20,
subsection 9 (commonly referred to as "Section 911) entitled "State
Mandates" that provides that "local districts," which includes
counties, may reduce or end subsidies for programs delegated by the
General Assembly for administration under certain circumstances;
and
WHEREAS, the Colorado Senate and House of Representatives have
considered several proposed bills to interpret provisions of
Amendment 1 including SB 93 -74 for the stated purpose of submitting
interrogatories to the Colorado Supreme Court; and
WHEREAS, SB 93 -74 includes language narrowly defining the
state mandates section of Amendment 1, therefore limiting programs
that are delegated to local government for purposes of
administration, the result being few programs eligible for
"turnback" to the state if the county commissioners so determine
that such action is in the best interests of its citizens; and
WHEREAS, county officials objected to the language added to
the original SB 93 -74 on the House floor without any significant
debate, objected to the conference committee report on SB 93 -74,
and continue to object to the conference committee amendment on the
basis that the language included in SB 93 -074 is far too
restrictive and in conflict with the spirit and intent of Amendment
1; and
WHEREAS, the Colorado Supreme Court has decided it will not
address the General Assembly's interrogatories on state mandates as
requested in Senate Joint Resolution (SJR) 93 -11;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT members of the House and Senate reconsider and fully
debate the merits and implications of the state mandate sections of
SB 93 -74; and
THAT, the House and Senate reject attempts to define state
mandates in statute, thereby allowing Section 9 to be interpreted,
as needed, as local circumstances and situations arise.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, this day of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By: >�-
Georg A- a es, chairman
J Johnnette Phillips, Co issioner
Commissioner seconded adoption of the
foregoing reso ution. The roll aving been called, the vote was as
follows:
Commissioner George A. Gates
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr.
This Resolution passed by 3 — Q vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
mandates.sta
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