(1) The general assembly hereby finds and declares that:
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;
Specifically, section 17 of article IX of the state constitution requires:
A specified percentage of state income tax revenues collected on income earned on orafter 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;
The general assembly to annually increase the statewide base per pupil funding forpublic 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 20112012 and each succeeding state fiscal year; and
The general assembly to annually increase the general fund appropriation for totalprogram 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:
It is the duty and intent of the general assembly to comply with the requirements ofsection 17 of article IX of the state constitution;
It is within the legislative prerogative of the general assembly to enact legislation toimplement 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;
In enacting legislation to implement section 17 of article IX of the state constitution:
The general assembly has attempted to interpret the provisions of section 17 of articleIX of the state constitution in a manner that gives its words their natural and obvious significance;
The general assembly has attempted to ascertain the intent of the proponents whoinitiated 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:
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;
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;
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.
This article reflects the considered judgment of the general assembly regarding themeaning and implementation of the provisions of section 17 of article IX of the state constitution.
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.
Editor's note: Senate Bill 01-082 was harmonized with Senate Bill 01-204 and House Bill 01-1262.