§ 22-55-101 — Legislative declaration

(1) The general assembly hereby finds
and declares that:

(a) Section 17 of article IX of the state constitution, which was approved by
the registered electors of this state at the 2000 general election, requires the
general assembly to increase funding for preschool through twelfth grade public
education and for categorical programs;

(b) Specifically, section 17 of article IX of the state constitution requires:

(I) A specified percentage of state income tax revenues collected on income
earned on or after December 28, 2000, to be diverted to a newly created state
education fund from which moneys may be appropriated only for specified
education-related purposes;

(II) The general assembly to annually increase the statewide base per pupil
funding for public education from preschool through the twelfth grade and total
state funding for all categorical programs by at least the rate of inflation plus one
percentage point for state fiscal years 2001-02 through 2010-11, and by at least the
rate of inflation for state fiscal year 2011-2012 and each succeeding state fiscal
year; and

(III) The general assembly to annually increase the general fund
appropriation for total program education funding under the Public School Finance
Act of 1994, article 54 of this title, or any successor act, for each state fiscal year
from 2001-02 through 2010-11 by at least five percent over the amount of the prior
year's general fund appropriation for total program education funding, unless
Colorado personal income grows less than four and one-half percent between the
two calendar years preceding the state fiscal year in which an appropriation is
made.

(2) The general assembly further finds and declares that:

(a) It is the duty and intent of the general assembly to comply with the
requirements of section 17 of article IX of the state constitution;

(b) It is within the legislative prerogative of the general assembly to enact
legislation to implement section 17 of article IX of the state constitution that will
ensure compliance with the requirements of said section 17 of article IX and
facilitate its operation;

(c) In enacting legislation to implement section 17 of article IX of the state
constitution:

(I) The general assembly has attempted to interpret the provisions of section
17 of article IX of the state constitution in a manner that gives its words their
natural and obvious significance;

(II) The general assembly has attempted to ascertain the intent of the
proponents who initiated section 17 of article IX of the state constitution and the
voters who adopted it and to apply other generally accepted rules of constitutional
construction where the meaning of said section 17 of article IX is uncertain.

(3) The general assembly further finds and declares that:

(a) Because the amount of funding provided for the prior state fiscal year
plays a significant role in the calculation of the minimum amount of the increase in
state appropriations for education required for each state fiscal year by section 17
of article IX of the state constitution, the amount of money that the state will be
required to spend for education funding for each state fiscal year will increase
dramatically over time due to a compounding effect;

(b) Since section 17 of article IX of the state constitution does not create any
new tax, increase the rate of any existing tax, or otherwise increase the amount of
revenues that will be collected by the state, some of the increases in state
education funding that said section 17 of article IX requires will affect the amount
of money available to fund other state programs and services;

(c) In enacting legislation to implement section 17 of article IX of the state
constitution, it is the duty, intent, and legislative prerogative of the general
assembly to mitigate any adverse impact that the state education funding
requirements of said section 17 of article IX may have on the financial condition of
the state and other state programs and services by ensuring that moneys are
credited to the state education fund, invested while in the fund, and expended from
the fund in a manner that will ensure that the fund remains viable and that fund
moneys will always be available to meet a significant portion of the long-term state
education funding requirements of said section 17 of article IX.

(d) This article reflects the considered judgment of the general assembly
regarding the meaning and implementation of the provisions of section 17 of article
IX of the state constitution.

Legislative History

Source: L. 2001: Entire article added, p. 673, � 1, effective May 30; entire article added, p. 571, � 1, effective May 30; entire article added, p. 990, � 1, effective June 5.