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Colorado Supreme Court rejects Gov. Hickenlooper’s request to review TABOR, Gallagher amendments

Posted at 11:33 AM, Dec 03, 2018
and last updated 2018-12-04 09:14:54-05
John Hickenlooper
File photo of Gov. John Hickenlooper (AP Photo/David Zalubowski)

DENVER – The Colorado Supreme Court announced Monday that it has declined a request from Gov. John Hickenlooper to clarify how two state constitutional amendments affect taxes.

Hickenlooper asked the questions three questions about how the Taxpayer’s Bill of Rights (TABOR) and the Gallagher amendments affect funding for government organizations, like libraries and fire departments in some communities.

The Gallagher requires that residence owners pay 45 percent of all property taxes and that commercial property owners pay the rest. TABOR requires that tax increases be approved by voters affected by them.

Had the justices decided to take up Hickenlooper’s questions, called interrogatories,  it might have affected property taxes.

When he asked the question, Hickenlooper said he thought the issues between the amendment threated the government’s ability to provide essential services. At the time, he hoped the court would find a “workable solution.”

The Colorado constitution allows the governor to ask constitutional questions, but the court can turn down the request.

(The Associated Press contributed to this story)