Havens v. Board of County Commissioners

924 P.2d 517, 1996 Colo. LEXIS 459, 1996 WL 534906
CourtSupreme Court of Colorado
DecidedSeptember 23, 1996
Docket95SC572
StatusPublished
Cited by32 cases

This text of 924 P.2d 517 (Havens v. Board of County Commissioners) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Havens v. Board of County Commissioners, 924 P.2d 517, 1996 Colo. LEXIS 459, 1996 WL 534906 (Colo. 1996).

Opinion

Justice HOBBS

delivered the Opinion of the Court.

We granted certiorari before judgment, under C.A.R. 50, to review a judgment of the District Court for Archuleta County in favor of the Board of County Commissioners of Archuleta County (Board). 1 The district court held that article X, section 20, of the Colorado Constitution (Amendment 1) did not prohibit the County’s electorate from approving a referred measure authorizing re *519 tention and expenditure of excess revenue collections which exceed Amendment 1 limits. Absent voter approval, Amendment 1 would have required refund of these revenues. Petitioner, F.T. Havens (Havens), contended that the referred measure violated Amendment 1, section (7)(d), for failure to require a revenue reduction in future years to offset the retained revenues, and he sought an injunction requiring refund of the excess revenues. The Board moved for summary judgment. Havens responded with a Motion for Judgment on the Pleadings. There were no material facts in contention, and the district court ruled in favor of the Board. We affirm the judgment.

I.

On November 8, 1994, the voters of Ar-chuleta County approved Referred Measure 1BA (Referred Measure), by a vote of 1152 to 759. The Referred Measure stated:

PROVIDED THAT NO LOCAL TAX RATE OR MILL LEVY SHALL BE INCREASED WITHOUT FURTHER VOTER APPROVAL, SHALL ARCHULETA COUNTY, COLORADO BE AUTHORIZED TO COLLECT, RETAIN AND EXPEND ALL EXCESS REVENUES AND OTHER FUNDS COLLECTED DURING 1994 AND EXPIRING AFTER 1997 (4 YEARS) WITHOUT FURTHER VOTER APPROVAL EXCEPT FOR STATE GRANTS WHICH COULD BE COLLECTED, RETAINED OR EXPENDED STARTING IN 1994 AND EACH SUBSEQUENT YEAR THEREAFTER, NOTWITHSTANDING THE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION. 2

Havens contends that the Referred Measure violates section (7)(d) of Amendment 1, which provides that:

If revenue from sources not excluded from fiscal year spending exceeds these limits in dollars for that fiscal year, the excess shall be refunded in the next fiscal year unless voters approve a revenue change as an offset. Initial district bases are current fiscal year spending and 1991 property tax collected in 1992. Qualification or disqualification as an enterprise shall change district bases and future year limits. Future creation of district bonded debt shall increase, and retiring or refinancing district bonded debt shall lower, fiscal year spending and property tax revenue by the annual debt service so funded. Debt service changes, reductions, (1) and (3)(c) refunds, and voter-approved revenue changes are dollar amounts that are exceptions to, and not part of, any district base. Voter-approved revenue changes do not require a tax rate change.

(Emphasis added). Havens argues that the Referred Measure must be nullified, and the excess revenues refunded, in that the voter-approved measure did not require Archuleta County to make offsetting revenue reductions in future years equal to the excess revenues authorized to be retained and expended. The Board responds that the Referred Measure is fully effective, in that its electorate has authority to approve retention and expenditure of the excess revenues without regard to a compensating revenue reduction. 3 We agree with the Board.

A.

Adopted by Colorado’s electorate on November 3, 1992, Amendment 1 places limits on the ability of state and local government to tax and spend. Bolt v. Arapahoe County Sch. Dist. No. Six, 898 P.2d 525, 527 (Colo. 1995) (Bolt). Its provisions require voter approval for certain state and local government tax increases and restrict property, income, and other taxes. Submission Of In *520 terrogatories On Senate Bill 93-74, 852 P.2d 1, 4 (Colo.1993) (Senate Bill 93-74). By adopting Amendment 1, the voters of this state intended to exercise “greater direct control over government growth by, among other things,' setting various spending and revenue limits and requiring voter approval of measures that would increase debt, spending, or taxes.” Zaner v. City of Brighton, 917 P.2d 280, 284 (Colo.1996) (Zaner).

We have observed that Amendment 1 operates to impose “a limitation on the power of the people’s elected representatives.” Bickel v. City of Boulder, 885 P.2d 215, 226 (Colo.1994) (Bickel). While Amendment 1 “circumscribes the revenue, spending, and debt powers of state and local governments,” creating a series of procedural requirements, “it does not create any fundamental rights.” City of Wheat Ridge v. Cerveny, 913 P.2d 1110, 1115 (Colo.1996). Independent of Amendment 1, the people have reserved the right to enact or reject proposed measures at the polls. Bickel, 885 P.2d at 226. Amendment l’s election provisions, by including a reference to referred measures, indicate the intent of this constitutional provision to allow voters to consider matters referred to them by state or local government. See Amendment 1, § (3)(b). In addition, the General Assembly has defined the term “referred measure” to include any ballot question or ballot issue submitted to its eligible electors by any local governmental entity. § 1-1-104(34.5), IB C.R.S. (1996 Supp.). Such referred measures encompass “[a]pproval of revenue changes pursuant to section 20(7) of article X of the state constitution.” § l-41-103(4)(d), IB C.R.S. (1996 Supp.). Interpretations of Amendment 1 which would limit the right of the electorate to vote on tax, spending, debt, or other proposals are not favored. § 1—41-101, IB C.R.S. (1996 Supp.). 4

Voter approval to allow variation from otherwise applicable limits is a key feature of Amendment 1. Amendment 1 “requires voter approval for tax increases and limits spending increases unless approved by the electorate.” City of Aurora v. Acosta, 892 P.2d 264, 268 (Colo.1995) (Acosta). In the absence of voter approval, collection, retention, or expenditure of revenues in excess of the applicable limits must be refunded with interest. Id.

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Bluebook (online)
924 P.2d 517, 1996 Colo. LEXIS 459, 1996 WL 534906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/havens-v-board-of-county-commissioners-colo-1996.