SENATE BILL 25-180
BY SENATOR(S) Kirkmeyer and Amabile, Bridges, Ball, Cutter,
Gonzales J., Jodeh, Kipp, Michaelson Jenet, Pelton B., Snyder, Winter F.,
Coleman;
also REPRESENTATIVE(S) Taggart and Sirota, Bird, Bacon, Boesenecker,
Clifford, Espenoza, Garcia, Lindsay, Phillips, Ricks, Titone, Zokaie.
C
ONCERNING THE METHOD OF CALCULATING STATE POPULATION GROWTH
FOR PURPOSES OF CALCULATING STATE FISCAL YEAR SPENDING
PURSUANT TO SECTION
20 OF ARTICLE X OF THE STATE
CONSTITUTION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-77-103, amend
(2)(b)(I), (2)(b)(II), (2)(b)(II.5)(B), and (2)(b)(II.5)(C); and add (2)(a)(IV)
and (2)(b)(I.5) as follows:
24-77-103. Limitation on state fiscal year spending - legislative
declaration - report. (2) (a) (IV) T
HE GENERAL ASSEMBLY FURTHER FINDS
AND DECLARES THAT
:
(A) F
OR THE PURPOSE OF DETERMINING THE MAXIMUM PERCENTAGE
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. CHANGE IN STATE FISCAL YEAR SPENDING FOR ANY GIVEN FISCAL YEAR ,
SECTION 20 (7)(a) OF ARTICLE X OF THE STATE CONSTITUTION REQUIRES THE
STATE TO ANNUALLY DETERMINE THE CHANGE IN STATE POPULATION FROM
ONE CALENDAR YEAR TO THE NEXT WITH THE USE OF ANNUAL FEDERAL
CENSUS BUREAU STATE POPULATION ESTIMATES
;
(B) T
HE APPROACH FOR DETERMINING THE CHANGE IN STATE
POPULATION FOR STATE FISCAL YEARS COMMENCING BEFORE
JULY 1, 2024,
RESULTED IN BOTH DOUBLE -COUNTING AND UNDER -COUNTING OF
POPULATION AS A RESULT OF REVISED FEDERAL CENSUS BUREAU STATE
POPULATION ESTIMATES
;
(C) D
OUBLE-COUNTING POPULATION FOR PURPOSES OF DETERMINING
THE CHANGE IN STATE POPULATION RESULTS IN AN INCREASED LIMIT ON
STATE FISCAL YEAR SPENDING AND UNDER
-COUNTING POPULATION FOR
PURPOSES OF DETERMINING THE CHANGE IN STATE POPULATION RESULTS IN
A REDUCED LIMIT ON STATE FISCAL YEAR SPENDING
;
(D) F
ROM STATE FISCAL YEAR 2015-16 THROUGH STATE FISCAL
YEAR
2024-25, EXCLUDING THE FISCAL YEAR IMPACTED BY THE DECENNIAL
CENSUS
, AS A RESULT OF REVISED FEDERAL CENSUS BUREAU ESTIMATES OF
STATE POPULATION
, THERE WERE THREE FISCAL YEARS WITH SIGNIFICANT
DOUBLE
-COUNTING, TWO FISCAL YEARS WITH SIGNIFICANT
UNDER
-COUNTING, AND FOUR FISCAL YEARS WITH NEITHER SIGNIFICANT
DOUBLE
-COUNTING NOR UNDER-COUNTING;
(E) S
ECTION 20 (7)(a) OF ARTICLE X OF THE STATE CONSTITUTION
DOES NOT SPECIFY HOW THE STATE SHALL ANNUALLY DETERMINE THE
CHANGE IN STATE POPULATION BY ANNUAL FEDERAL CENSUS ESTIMATES
;
(F) I
N BOTH HOUSE BILL 02-1310 AND SENATE BILL 02-179,
ENACTED IN 2002, THE GENERAL ASSEMBLY MODIFIED HOW THE CHANGE IN
STATE POPULATION IS CALCULATED FOR PURPOSES OF SECTION
20 (7)(a) OF
ARTICLE
X OF THE STATE CONSTITUTION, AND THESE BILLS ARE PRESUMED
TO BE CONSTITUTIONAL
; AND
(G) THEREFORE, IT IS WITHIN THE GENERAL ASSEMBLY'S PLENARY
POWER AND CONSISTENT WITH SECTION
20 (7)(a) OF ARTICLE X OF THE
STATE CONSTITUTION FOR THE GENERAL ASSEMBLY TO ENACT LEGISLATION
THAT MODIFIES HOW POPULATION GROWTH IS CALCULATED FOR PURPOSES
PAGE 2-SENATE BILL 25-180 OF SECTION 20 (7)(a) OF ARTICLE X OF THE STATE CONSTITUTION TO
MITIGATE BOTH POPULATION DOUBLE
-COUNTING AND POPULATION
UNDER
-COUNTING.
(b) (I) Except as otherwise provided in subparagraphs (II) and (II.5)
of this paragraph (b) SUBSECTIONS (2)(b)(II) AND (2)(b)(II.5) OF THIS
SECTION
, FOR STATE FISCAL YEARS COMMENCING BEFORE JULY 1, 2024, the
percentage change in state population for any given calendar year shall beIS the percentage change between the estimate of state population due to be
issued by the United States bureau of census in December of such calendar
year with a reference date of July 1 of the same calendar year and the
estimate of state population due to be issued by the United States bureau of
census in December of the same calendar year with a reference date of July
1 of the immediately preceding calendar year.
(I.5) F
OR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1,
2024,
THE PERCENTAGE CHANGE IN STATE POPULATION FOR ANY GIVEN
CALENDAR YEAR IS THE PERCENTAGE CHANGE BETWEEN THE ESTIMATE OF
STATE POPULATION ISSUED BY THE
UNITED STATES BUREAU OF CENSUS IN
DECEMBER OF THE CALENDAR YEAR WITH A REFERENCE DATE OF JULY 1 OF
THE SAME CALENDAR YEAR AND THE ESTIMATE OF STATE POPULATION
ISSUED BY THE
UNITED STATES BUREAU OF CENSUS IN DECEMBER OF THE
IMMEDIATELY PRECEDING CALENDAR YEAR WITH A REFERENCE DATE OF
JULY 1 OF THE IMMEDIATELY PRECEDING CALENDAR YEAR .
(II) Except as otherwise provided in subparagraph (II.5) of thisparagraph (b) SUBSECTION (2)(b)(II.5) OF THIS SECTION, for any calendar
year for which an estimate of state population is not issued due to the
federal census of the United States bureau of census, the percentage change
in state population for such calendar year shall be
IS the percentage change
between the state population as reported in the federal census conducted by
the United States bureau of census due in December of such calendar year
and the estimate of state population due to be
issued by the United States
bureau of census in December of the same year IMMEDIATELY PRECEDING
CALENDAR YEAR
with a reference date of July 1 of the immediately
preceding calendar year.
(II.5) (B) The difference between the percentage change in state
population determined in accordance with subparagraph (II) of thisparagraph (b) SUBSECTION (2)(b)(II) OF THIS SECTION and the reduced
PAGE 3-SENATE BILL 25-180 percentage change in state population used to calculate the limitation on
state fiscal year spending pursuant to sub-subparagraph (A) of this
subparagraph (II.5) shall be SUBSECTION (2)(b)(II.5)(A) OF THIS SECTION IS
carried forward as an adjustment of the percentage change in state population determined pursuant to subparagraph (I) of this paragraph (b)
SUBSECTION (2)(b)(I) OR (2)(b)(I.5) OF THIS SECTION for a maximum period
of nine fiscal years. If the amount of state fiscal year spending for the
immediately subsequent fiscal year exceeds the limitation on state fiscal
year spending for that fiscal year, the unused adjustment shall be
IS added
first to the percentage change in state population determined pursuant to
subparagraph (I) of this paragraph (b)
SUBSECTION (2)(b)(I) OR (2)(b)(I.5)
OF THIS SECTION that is included in the percentage of the allowable increase
in state fiscal year spending used in calculating the limitation on state fiscal
year spending for that fiscal year to the greatest extent possible without
causing the limitation on state fiscal year spending to exceed the actual
amount of state fiscal year spending for that fiscal year.
(C) Any remaining portion of the unused adjustment shall continue
to be added, to the greatest extent possible, to the percentage change in state
population determined pursuant to subparagraph (I) of this paragraph (b)
SUBSECTION (2)(b)(I) OR (2)(b)(I.5) OF THIS SECTION that is included in the
percentage of allowable increase in state fiscal year spending used in
calculating the limitation on state fiscal year spending for subsequent fiscal
years without causing the limitation on state fiscal year spending for a given
fiscal year to exceed the actual amount of state fiscal year spending for that
fiscal year.
SECTION 2. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 4-SENATE BILL 25-180 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
James Rashad Coleman, Sr. Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-SENATE BILL 25-180