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San Miguel County commissioners discuss Colorado House challenge to TABOR amendment
Summary
At a special April 28 meeting the San Miguel County Board of Commissioners discussed a Colorado House joint resolution asking courts to review the constitutionality of the Taxpayer's Bill of Rights (TABOR). Commissioners expressed mixed views, noted constituent concerns, and agreed to monitor developments; no formal county action was taken.
SAN MIGUEL COUNTY, Colo. — At a special meeting April 28, the San Miguel County Board of Commissioners discussed a Colorado House joint resolution seeking court review of the constitutionality of the Taxpayer's Bill of Rights, commonly called TABOR.
Commissioner Brown introduced the item and said the House "has proposed a joint resolution challenging the constitutionality of the TABOR Amendment," describing it as a request that the legislature's counsel file a legal challenge so courts can decide whether TABOR prevents the General Assembly from performing its constitutional duties. "I really just wanted to hear if anybody else, staff or commissioners, felt that this was important enough, that we wanted to write a letter about it," Brown said.
The discussion centered on legal and political implications for local governments. Commissioners and staff noted that previous challenges focused on standing and that the legislature faces a substantial burden to show TABOR is unconstitutional after three decades in effect. One participant said local governments had repeatedly adapted to TABOR constraints and that a successful challenge for the legislature could prompt follow-up court actions by counties and other local taxing districts.
Commissioners also raised constituent concerns. Several speakers said some residents strongly support TABOR as a voter check on tax increases; others warned that eliminating or weakening TABOR could shift policymaking power toward more-populous Front Range areas and leave Western Slope communities with less influence over revenue decisions. County staff noted that CCAT (County Commissioners of Colorado/Colorado Counties, Inc. was referenced in the discussion) could be engaged to coordinate any formal county response.
No formal motion, letter or vote was taken on the county record. Commissioners agreed to monitor the proposed joint resolution and to share any new information with one another. The board moved on to attorney matters and the meeting proceeded into executive session on a separate item.
Why this matters: TABOR governs when and how Colorado governments may raise or keep revenues. A court ruling that changed its operation could affect local budgeting processes, voter approval requirements and the ability of counties and special districts to finance services.
