HomeMy WebLinkAboutR93-033 general assembly to honor intent of amendment 1 - Tabor1 t l X 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 —3—