Colorado 2025 Regular Session

Colorado Senate Bill SB180 Compare Versions

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1+First Regular Session
2+Seventy-fifth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 25-0866.01 Pierce Lively x2059
18 SENATE BILL 25-180
2-BY SENATOR(S) Kirkmeyer and Amabile, Bridges, Ball, Cutter,
3-Gonzales J., Jodeh, Kipp, Michaelson Jenet, Pelton B., Snyder, Winter F.,
4-Coleman;
5-also REPRESENTATIVE(S) Taggart and Sirota, Bird, Bacon, Boesenecker,
6-Clifford, Espenoza, Garcia, Lindsay, Phillips, Ricks, Titone, Zokaie.
9+Senate Committees House Committees
10+Appropriations Appropriations
11+A BILL FOR AN ACT
712 C
8-ONCERNING THE METHOD OF CALCULATING STATE POPULATION GROWTH
9-FOR PURPOSES OF CALCULATING STATE FISCAL YEAR SPENDING
10-PURSUANT TO SECTION
11-20 OF ARTICLE X OF THE STATE
12-CONSTITUTION
13-.
14-
15-Be it enacted by the General Assembly of the State of Colorado:
16-SECTION 1. In Colorado Revised Statutes, 24-77-103, amend
17-(2)(b)(I), (2)(b)(II), (2)(b)(II.5)(B), and (2)(b)(II.5)(C); and add (2)(a)(IV)
18-and (2)(b)(I.5) as follows:
19-24-77-103. Limitation on state fiscal year spending - legislative
13+ONCERNING THE METHOD OF CALCULATING STATE POPULATION101
14+GROWTH FOR PURPOSES OF CALCULATING STATE FISCAL YEAR102
15+SPENDING PURSUANT TO SECTION 20 OF ARTICLE X OF THE103
16+STATE CONSTITUTION.104
17+Bill Summary
18+(Note: This summary applies to this bill as introduced and does
19+not reflect any amendments that may be subsequently adopted. If this bill
20+passes third reading in the house of introduction, a bill summary that
21+applies to the reengrossed version of this bill will be available at
22+http://leg.colorado.gov/
23+.)
24+Joint Budget Committee. Section 20 of article X of the state
25+constitution (TABOR) requires the maximum annual percentage change
26+in state fiscal year spending to equal inflation plus the percentage change
27+HOUSE
28+3rd Reading Unamended
29+March 14, 2025
30+HOUSE
31+2nd Reading Unamended
32+March 13, 2025
33+SENATE
34+3rd Reading Unamended
35+March 4, 2025
36+SENATE
37+2nd Reading Unamended
38+March 3, 2025
39+SENATE SPONSORSHIP
40+Kirkmeyer and Amabile, Bridges, Ball, Coleman, Cutter, Gonzales J., Jodeh, Kipp,
41+Michaelson Jenet, Pelton B., Snyder, Winter F.
42+HOUSE SPONSORSHIP
43+Taggart and Sirota, Bird, Bacon, Boesenecker, Clifford, Espenoza, Garcia, Lindsay,
44+Phillips, Ricks, Titone, Zokaie
45+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
46+Capital letters or bold & italic numbers indicate new material to be added to existing law.
47+Dashes through the words or numbers indicate deletions from existing law. in state population in the prior calendar year adjusted for revenue changes
48+approved by voters. Although TABOR does not specify how the state
49+shall determine the percentage change in state population (population
50+growth), the TABOR implementing statutes do. For years in which there
51+is not a decennial census, the TABOR implementing statutes require the
52+state to calculate population growth by determining the percentage change
53+between:
54+! The federal census bureau's estimate of state population
55+(census estimate) for the previous calendar year, as of
56+December in the current calendar year; and
57+! The census estimate for the current calendar year, as of
58+December in the current calendar year.
59+The current method for calculating population growth can lead to
60+either double-counting or under-counting population changes in census
61+estimates. If the federal census bureau revises a census estimate upward
62+for a given year:
63+! The calculated population growth between the given year
64+and the immediately preceding year will be understated,
65+since the population growth between those years is based
66+on an inaccurately low census estimate for the given year;
67+and
68+! The understated population growth between the given year
69+and the immediately preceding year is not corrected or
70+carried forward when calculating population growth for
71+subsequent years, as those calculations are based on the
72+revised census estimate for the given year.
73+Put differently, if the federal census bureau revises a census estimate
74+upward for a given year, population growth will be understated and the
75+fiscal year spending limit will be lower. The opposite is true if the federal
76+census bureau revises a census estimate downward. In either case, under
77+the current method for calculating population growth, population growth
78+would be measured inaccurately.
79+The bill adjusts the method of calculating population growth.
80+Under the bill, population growth is calculated by determining the
81+percentage change between:
82+! The census estimate, as of December in the previous
83+calendar year, for the previous calendar year; and
84+! The census estimate, as of December in the current
85+calendar year, for the current calendar year.
86+This approach prevents double-counting or under-counting population
87+changes as a result of revised census estimates and results in a more
88+accurate measurement of population growth.
89+The bill also makes conforming amendments.
90+180-2- Be it enacted by the General Assembly of the State of Colorado:1
91+SECTION 1. In Colorado Revised Statutes, 24-77-103, amend2
92+(2)(b)(I), (2)(b)(II), (2)(b)(II.5)(B), and (2)(b)(II.5)(C); and add3
93+(2)(a)(IV) and (2)(b)(I.5) as follows:4
94+24-77-103. Limitation on state fiscal year spending - legislative5
2095 declaration - report. (2) (a) (IV) T
21-HE GENERAL ASSEMBLY FURTHER FINDS
22-AND DECLARES THAT
23-:
96+HE GENERAL ASSEMBLY FURTHER6
97+FINDS AND DECLARES THAT:7
2498 (A) F
25-OR THE PURPOSE OF DETERMINING THE MAXIMUM PERCENTAGE
26-NOTE: This bill has been prepared for the signatures of the appropriate legislative
27-officers and the Governor. To determine whether the Governor has signed the bill
28-or taken other action on it, please consult the legislative status sheet, the legislative
29-history, or the Session Laws.
30-________
31-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32-through words or numbers indicate deletions from existing law and such material is not part of
33-the act. CHANGE IN STATE FISCAL YEAR SPENDING FOR ANY GIVEN FISCAL YEAR ,
34-SECTION 20 (7)(a) OF ARTICLE X OF THE STATE CONSTITUTION REQUIRES THE
35-STATE TO ANNUALLY DETERMINE THE CHANGE IN STATE POPULATION FROM
36-ONE CALENDAR YEAR TO THE NEXT WITH THE USE OF ANNUAL FEDERAL
37-CENSUS BUREAU STATE POPULATION ESTIMATES
38-;
99+OR THE PURPOSE OF DETERMINING THE MAXIMUM8
100+PERCENTAGE CHANGE IN STATE FISCAL YEAR SPENDING FOR ANY GIVEN9
101+FISCAL YEAR, SECTION 20 (7)(a) OF ARTICLE X OF THE STATE10
102+CONSTITUTION REQUIRES THE STATE TO ANNUALLY DETERMINE THE11
103+CHANGE IN STATE POPULATION FROM ONE CALENDAR YEAR TO THE NEXT12
104+WITH THE USE OF ANNUAL FEDERAL CENSUS BUREAU STATE POPULATION13
105+ESTIMATES;14
39106 (B) T
40-HE APPROACH FOR DETERMINING THE CHANGE IN STATE
41-POPULATION FOR STATE FISCAL YEARS COMMENCING BEFORE
42-JULY 1, 2024,
43-RESULTED IN BOTH DOUBLE -COUNTING AND UNDER -COUNTING OF
44-POPULATION AS A RESULT OF REVISED FEDERAL CENSUS BUREAU STATE
45-POPULATION ESTIMATES
46-;
107+HE APPROACH FOR DETERMINING THE C HANGE IN STATE15
108+POPULATION FOR STATE FISCAL YEARS COMMENCING BEFORE JULY 1,16
109+2024,
110+ RESULTED IN BOTH DOUBLE-COUNTING AND UNDER-COUNTING OF17
111+POPULATION AS A RESULT OF REVISED FEDERAL CENSUS BUREAU STATE18
112+POPULATION ESTIMATES;19
47113 (C) D
48-OUBLE-COUNTING POPULATION FOR PURPOSES OF DETERMINING
49-THE CHANGE IN STATE POPULATION RESULTS IN AN INCREASED LIMIT ON
50-STATE FISCAL YEAR SPENDING AND UNDER
51--COUNTING POPULATION FOR
52-PURPOSES OF DETERMINING THE CHANGE IN STATE POPULATION RESULTS IN
53-A REDUCED LIMIT ON STATE FISCAL YEAR SPENDING
54-;
114+OUBLE-COUNTING POPULATION FOR PURPOSES OF20
115+DETERMINING THE CHANGE IN STATE POPULATION RESULTS IN AN21
116+INCREASED LIMIT ON STATE FISCAL YEAR SPENDING AND UNDER -COUNTING22
117+POPULATION FOR PURPOSES OF DETERMINING THE CHANGE IN STATE23
118+POPULATION RESULTS IN A REDUCED LIMIT ON STATE FISCAL YEAR24
119+SPENDING;25
55120 (D) F
56-ROM STATE FISCAL YEAR 2015-16 THROUGH STATE FISCAL
57-YEAR
58-2024-25, EXCLUDING THE FISCAL YEAR IMPACTED BY THE DECENNIAL
59-CENSUS
60-, AS A RESULT OF REVISED FEDERAL CENSUS BUREAU ESTIMATES OF
61-STATE POPULATION
62-, THERE WERE THREE FISCAL YEARS WITH SIGNIFICANT
63-DOUBLE
64--COUNTING, TWO FISCAL YEARS WITH SIGNIFICANT
65-UNDER
66--COUNTING, AND FOUR FISCAL YEARS WITH NEITHER SIGNIFICANT
67-DOUBLE
68--COUNTING NOR UNDER-COUNTING;
121+ROM STATE FISCAL YEAR 2015-16 THROUGH STATE FISCAL26
122+YEAR 2024-25, EXCLUDING THE FISCAL YEAR IMPACTED BY THE27
123+180
124+-3- DECENNIAL CENSUS, AS A RESULT OF REVISED FEDERAL CENSUS BUREAU1
125+ESTIMATES OF STATE POPULATION , THERE WERE THREE FISCAL YEARS2
126+WITH SIGNIFICANT DOUBLE -COUNTING, TWO FISCAL YEARS WITH3
127+SIGNIFICANT UNDER-COUNTING, AND FOUR FISCAL YEARS WITH NEITHER4
128+SIGNIFICANT DOUBLE-COUNTING NOR UNDER-COUNTING;5
69129 (E) S
70-ECTION 20 (7)(a) OF ARTICLE X OF THE STATE CONSTITUTION
71-DOES NOT SPECIFY HOW THE STATE SHALL ANNUALLY DETERMINE THE
72-CHANGE IN STATE POPULATION BY ANNUAL FEDERAL CENSUS ESTIMATES
73-;
130+ECTION 20 (7)(a) OF ARTICLE X OF THE STATE CONSTITUTION6
131+DOES NOT SPECIFY HOW THE STATE SHALL ANNUALLY DETERMINE THE7
132+CHANGE IN STATE POPULATION BY ANNUAL FEDERAL CENSUS ESTIMATES ;8
74133 (F) I
75-N BOTH HOUSE BILL 02-1310 AND SENATE BILL 02-179,
76-ENACTED IN 2002, THE GENERAL ASSEMBLY MODIFIED HOW THE CHANGE IN
77-STATE POPULATION IS CALCULATED FOR PURPOSES OF SECTION
78- 20 (7)(a) OF
79-ARTICLE
80-X OF THE STATE CONSTITUTION, AND THESE BILLS ARE PRESUMED
81-TO BE CONSTITUTIONAL
82-; AND
83-(G) THEREFORE, IT IS WITHIN THE GENERAL ASSEMBLY'S PLENARY
84-POWER AND CONSISTENT WITH SECTION
85- 20 (7)(a) OF ARTICLE X OF THE
86-STATE CONSTITUTION FOR THE GENERAL ASSEMBLY TO ENACT LEGISLATION
87-THAT MODIFIES HOW POPULATION GROWTH IS CALCULATED FOR PURPOSES
88-PAGE 2-SENATE BILL 25-180 OF SECTION 20 (7)(a) OF ARTICLE X OF THE STATE CONSTITUTION TO
89-MITIGATE BOTH POPULATION DOUBLE
90--COUNTING AND POPULATION
91-UNDER
92--COUNTING.
93-(b) (I) Except as otherwise provided in subparagraphs (II) and (II.5)
94-of this paragraph (b) SUBSECTIONS (2)(b)(II) AND (2)(b)(II.5) OF THIS
95-SECTION
96-, FOR STATE FISCAL YEARS COMMENCING BEFORE JULY 1, 2024, the
97-percentage change in state population for any given calendar year shall beIS the percentage change between the estimate of state population due to be
98-issued by the United States bureau of census in December of such calendar
99-year with a reference date of July 1 of the same calendar year and the
100-estimate of state population due to be issued by the United States bureau of
101-census in December of the same calendar year with a reference date of July
102-1 of the immediately preceding calendar year.
134+N BOTH HOUSE BILL 02-1310 AND SENATE BILL 02-179,9
135+ENACTED IN 2002, THE GENERAL ASSEMBLY MODIFIED HOW THE CHANGE10
136+IN STATE POPULATION IS CALCULATED FOR PURPOSES OF SECTION 20 (7)(a)11
137+OF ARTICLE X OF THE STATE CONSTITUTION , AND THESE BILLS ARE12
138+PRESUMED TO BE CONSTITUTIONAL ; AND13
139+(G) T
140+HEREFORE, IT IS WITHIN THE GENERAL ASSEMBLY'S PLENARY14
141+POWER AND CONSISTENT WITH SECTION 20 (7)(a) OF ARTICLE X OF THE15
142+STATE CONSTITUTION FOR THE GENERAL ASSEMBLY TO ENACT16
143+LEGISLATION THAT MODIFIES HOW POPULATION GROWTH IS CALCULATED17
144+FOR PURPOSES OF SECTION 20 (7)(a) OF ARTICLE X OF THE STATE18
145+CONSTITUTION TO MITIGATE BOTH POPULATION DOUBLE -COUNTING AND19
146+POPULATION UNDER-COUNTING.20
147+(b) (I) Except as otherwise provided in subparagraphs (II) and
148+21
149+(II.5) of this paragraph (b) SUBSECTIONS (2)(b)(II) AND (2)(b)(II.5) OF22
150+THIS SECTION, FOR STATE FISCAL YEARS COMMENCING BEFORE JULY 1,23
151+2024, the percentage change in state population for any given calendar24
152+year shall be IS the percentage change between the estimate of state25
153+population due to be issued by the United States bureau of census in26
154+December of such calendar year with a reference date of July 1 of the27
155+180
156+-4- same calendar year and the estimate of state population due to be issued1
157+by the United States bureau of census in December of the same calendar2
158+year with a reference date of July 1 of the immediately preceding calendar3
159+year.4
103160 (I.5) F
104-OR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1,
105-2024,
106- THE PERCENTAGE CHANGE IN STATE POPULATION FOR ANY GIVEN
107-CALENDAR YEAR IS THE PERCENTAGE CHANGE BETWEEN THE ESTIMATE OF
108-STATE POPULATION ISSUED BY THE
109-UNITED STATES BUREAU OF CENSUS IN
110-DECEMBER OF THE CALENDAR YEAR WITH A REFERENCE DATE OF JULY 1 OF
111-THE SAME CALENDAR YEAR AND THE ESTIMATE OF STATE POPULATION
112-ISSUED BY THE
113-UNITED STATES BUREAU OF CENSUS IN DECEMBER OF THE
114-IMMEDIATELY PRECEDING CALENDAR YEAR WITH A REFERENCE DATE OF
115-JULY 1 OF THE IMMEDIATELY PRECEDING CALENDAR YEAR .
116-(II) Except as otherwise provided in subparagraph (II.5) of thisparagraph (b) SUBSECTION (2)(b)(II.5) OF THIS SECTION, for any calendar
117-year for which an estimate of state population is not issued due to the
118-federal census of the United States bureau of census, the percentage change
119-in state population for such calendar year shall be
120- IS the percentage change
121-between the state population as reported in the federal census conducted by
122-the United States bureau of census due in December of such calendar year
123-and the estimate of state population due to be
124- issued by the United States
125-bureau of census in December of the same year IMMEDIATELY PRECEDING
126-CALENDAR YEAR
127- with a reference date of July 1 of the immediately
128-preceding calendar year.
129-(II.5) (B) The difference between the percentage change in state
130-population determined in accordance with subparagraph (II) of thisparagraph (b) SUBSECTION (2)(b)(II) OF THIS SECTION and the reduced
131-PAGE 3-SENATE BILL 25-180 percentage change in state population used to calculate the limitation on
132-state fiscal year spending pursuant to sub-subparagraph (A) of this
133-subparagraph (II.5) shall be SUBSECTION (2)(b)(II.5)(A) OF THIS SECTION IS
134-carried forward as an adjustment of the percentage change in state population determined pursuant to subparagraph (I) of this paragraph (b)
135-SUBSECTION (2)(b)(I) OR (2)(b)(I.5) OF THIS SECTION for a maximum period
136-of nine fiscal years. If the amount of state fiscal year spending for the
137-immediately subsequent fiscal year exceeds the limitation on state fiscal
138-year spending for that fiscal year, the unused adjustment shall be
139- IS added
140-first to the percentage change in state population determined pursuant to
141-subparagraph (I) of this paragraph (b)
142- SUBSECTION (2)(b)(I) OR (2)(b)(I.5)
143-OF THIS SECTION that is included in the percentage of the allowable increase
144-in state fiscal year spending used in calculating the limitation on state fiscal
145-year spending for that fiscal year to the greatest extent possible without
146-causing the limitation on state fiscal year spending to exceed the actual
147-amount of state fiscal year spending for that fiscal year.
148-(C) Any remaining portion of the unused adjustment shall continue
149-to be added, to the greatest extent possible, to the percentage change in state
150-population determined pursuant to subparagraph (I) of this paragraph (b)
151-SUBSECTION (2)(b)(I) OR (2)(b)(I.5) OF THIS SECTION that is included in the
152-percentage of allowable increase in state fiscal year spending used in
153-calculating the limitation on state fiscal year spending for subsequent fiscal
154-years without causing the limitation on state fiscal year spending for a given
155-fiscal year to exceed the actual amount of state fiscal year spending for that
156-fiscal year.
157-SECTION 2. Safety clause. The general assembly finds,
158-determines, and declares that this act is necessary for the immediate
159-preservation of the public peace, health, or safety or for appropriations for
160-PAGE 4-SENATE BILL 25-180 the support and maintenance of the departments of the state and state
161-institutions.
162-____________________________ ____________________________
163-James Rashad Coleman, Sr. Julie McCluskie
164-PRESIDENT OF SPEAKER OF THE HOUSE
165-THE SENATE OF REPRESENTATIVES
166-____________________________ ____________________________
167-Esther van Mourik Vanessa Reilly
168-SECRETARY OF CHIEF CLERK OF THE HOUSE
169-THE SENATE OF REPRESENTATIVES
170- APPROVED________________________________________
171- (Date and Time)
172- _________________________________________
173- Jared S. Polis
174- GOVERNOR OF THE STATE OF COLORADO
175-PAGE 5-SENATE BILL 25-180
161+OR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY5
162+1,
163+ 2024, THE PERCENTAGE CHANGE IN STATE POPULATION FOR ANY GIVEN6
164+CALENDAR YEAR IS THE PERCENTAGE CHANGE BETWEEN THE ESTIMATE OF7
165+STATE POPULATION ISSUED BY THE UNITED STATES BUREAU OF CENSUS IN8
166+D
167+ECEMBER OF THE CALENDAR YEAR WITH A REFERENCE DATE OF JULY 19
168+OF THE SAME CALENDAR YEAR AND THE ESTIMATE OF STATE POPULATION10
169+ISSUED BY THE UNITED STATES BUREAU OF CENSUS IN DECEMBER OF THE11
170+IMMEDIATELY PRECEDING CALENDAR YEAR WITH A REFERENCE DATE OF12
171+J
172+ULY 1 OF THE IMMEDIATELY PRECEDING CALENDAR YEAR .13
173+(II) Except as otherwise provided in subparagraph (II.5) of this
174+14
175+paragraph (b) SUBSECTION (2)(b)(II.5) OF THIS SECTION, for any calendar15
176+year for which an estimate of state population is not issued due to the16
177+federal census of the United States bureau of census, the percentage17
178+change in state population for such calendar year shall be IS the18
179+percentage change between the state population as reported in the federal19
180+census conducted by the United States bureau of census due in December20
181+of such calendar year and the estimate of state population due to be issued21
182+by the United States bureau of census in December of the same year22
183+IMMEDIATELY PRECEDING CALENDAR YEAR with a reference date of July23
184+1 of the immediately preceding calendar year.24
185+(II.5) (B) The difference between the percentage change in state25
186+population determined in accordance with subparagraph (II) of this26
187+paragraph (b) SUBSECTION (2)(b)(II) OF THIS SECTION and the reduced27
188+180
189+-5- percentage change in state population used to calculate the limitation on1
190+state fiscal year spending pursuant to sub-subparagraph (A) of this2
191+subparagraph (II.5) shall be SUBSECTION (2)(b)(II.5)(A) OF THIS SECTION3
192+IS carried forward as an adjustment of the percentage change in state4
193+population determined pursuant to subparagraph (I) of this paragraph (b)5
194+SUBSECTION (2)(b)(I) OR (2)(b)(I.5) OF THIS SECTION for a maximum6
195+period of nine fiscal years. If the amount of state fiscal year spending for7
196+the immediately subsequent fiscal year exceeds the limitation on state8
197+fiscal year spending for that fiscal year, the unused adjustment shall be IS9
198+added first to the percentage change in state population determined10
199+pursuant to subparagraph (I) of this paragraph (b) SUBSECTION (2)(b)(I)11
200+OR (2)(b)(I.5) OF THIS SECTION that is included in the percentage of the12
201+allowable increase in state fiscal year spending used in calculating the13
202+limitation on state fiscal year spending for that fiscal year to the greatest14
203+extent possible without causing the limitation on state fiscal year15
204+spending to exceed the actual amount of state fiscal year spending for that16
205+fiscal year.17
206+(C) Any remaining portion of the unused adjustment shall18
207+continue to be added, to the greatest extent possible, to the percentage19
208+change in state population determined pursuant to subparagraph (I) of this20
209+paragraph (b) SUBSECTION (2)(b)(I) OR (2)(b)(I.5) OF THIS SECTION that21
210+is included in the percentage of allowable increase in state fiscal year22
211+spending used in calculating the limitation on state fiscal year spending23
212+for subsequent fiscal years without causing the limitation on state fiscal24
213+year spending for a given fiscal year to exceed the actual amount of state25
214+fiscal year spending for that fiscal year.26
215+SECTION 2. Safety clause. The general assembly finds,27
216+180
217+-6- determines, and declares that this act is necessary for the immediate1
218+preservation of the public peace, health, or safety or for appropriations for2
219+the support and maintenance of the departments of the state and state3
220+institutions.4
221+180
222+-7-