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1996 Colorado Attorney General Reports and Opinions 1 (1996)

handle is hein.sag/sagco0049 and id is 1 raw text is: GALE A. NORTON STATE OF COLORADO STATE SERVICES BUILDING Attorney General 1525 Sherman Street - 5th Floor DEPARTMENT OF LAW Denver, Colorado 80203 STEPHEN K. ERKENBRACK Phone (303) 866-4500 Chief Deputy Attorney General OFFICE OF THE ATroRNEY GENERAL FAX (303) 866-5691 TiMoTHY M. TYmKOvIcH Solicitor General FORMAL OPINION No. 96-1 of February 27, 1996 GALE A. NORTON ) Attorney General This opinion responds to a request from Senate President Tom Norton on issues related to Senate Bill 96-60 and Senate Bill 96- 193. Both bills make various amendments to the Urban and Rural Enterprise Zone Act (the Enterprise Zone Act), article 30 of Title 39, C.R.S. Senator Norton's questions relate to the Taxpayer Bill of Rights (TABOR), article X, § 20(4)(a), Colo. Const., which provides that there must be voter approval in ad- vance for a tax policy change directly causing a net tax revenue gain to any district. The issue here is whether the identified bills effect such a tax policy change requiring voter approval. To resolve this issue, we must address two crucial questions: 1. Do any of the provisions of Senate Bill 96-60 or Senate Bill 96-193.constitute a tax policy change for purposes of TABOR? A. Yes. Some of the provisions of the bills result in tax policy changes in the Enterprise Zone Act for the purposes of TABOR. 2. Because provisions of the bills at issue constitute tax policy changes, do the changes directly cause a net tax revenue gain to any district? A. That question cannot be answered in this opinion. There would have to be a good faith analysis of the fiscal impact of any tax policy change to determine factually and economically whether it causes a net tax revenue gain. In order to assist in the performance of the good faith analysis of the fiscal impacts of tax policy changes made by the bills at issue, we must answer one further question:

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