October 03, 2017 01:45 PM UTC

BREAKING: GOP Kills Pot Tax Funding Fix, Special Session Fails

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• by: Colorado Pols

UPDATE: Colorado House Democrats aren’t happy with this outcome:

“We presented a constitutionally sound measure to fix a mistake that will impact Coloradans across the state,” said Majority Leader KC Becker, House sponsor of HB17B-1001. “Unfortunately, after we assembled for the special session, the other party chose to waste this opportunity to get this right. It’s very disappointing that they chose partisan politics over Coloradans who have repeatedly asked for these services.”

HB17B-1001 would have corrected what all parties agree was a drafting error in SB17-267, a bipartisan bill passed during the 2017 regular session that averted more than half a billion dollars in cuts to hospitals across the state. Among the earlier bill’s many provisions was a change to the collection of revenues on retail marijuana. The drafting mistake unintentionally prevented some special districts – the Regional Transportation District and the Scientific and Cultural Facilities District in the Denver metro area, as well as rural transportation districts across the state, a housing district in Summit County and a hospital district in Montezuma County – from collecting revenues on retail marijuana sales.

“We’re talking impacts to real Coloradans,” Speaker Duran said. “The Summit County worker who’ll have a harder time finding an affordable apartment. The Lakewood retiree who needs the bus to get to the grocery store and the doctor. The voters have asked for these services and it’s unfortunate that this unintended omission will continue to have impacts for Coloradans.”

Senate Minority Leader Lucia Guzman:

“The Colorado General Assembly was not at its best over these past two days, and that is profoundly disappointing. This error is costing counties like Pitkin, Eagle, and San Miguel thousands in transportation dollars, and could result in services like rides for the disabled being cut, or perhaps bus fares being increased,” said Senator Guzman.

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This is what happens when the @cologop chooses to ignore common sense solutions to score political points. Sad outcome. #copolitics #coleg https://t.co/Ha4M04o0rS

— DSCF (@DSCF_CO) October 3, 2017

That’s the word from the Colorado Capitol moments ago: the special session of the Colorado General Assembly called by Gov. John Hickenlooper to fix a drafting error in legislation that has cut off special tax districts around the state from marijuana tax revenues will end in failure after the GOP-controlled Senate Transportation Committee killed the House’s bill:

Senate Transportation Committee rejects House bill on pot tax fix, effectively ending the special session #copolitics

— Blair Miller (@blairmiller) October 3, 2017

This outcome wasn’t a surprise, of course, having been signaled clearly last week by GOP Senate President Kevin Grantham when he called for the governor to rescind his order for the special session. There will be much more to say about the failure of Senate Republicans to cooperate with fixing what everyone agrees was an unintentional mistake that is costing special tax districts from Denver RTD to the Montezuma Hospital District millions in lost revenues. And when the legislature reconvenes in January, GOP good faith is by no means assured–apparently now being divided into camps that agree the legislature can address the problem, versus those who claim that any such error no matter how silly in tax policy legislation is constitutionally required to go to the voters. If the latter camp prevails, the special districts are looking at much greater losses in the coming year, and no guarantees even then.

Which amounts to a completely ridiculous outcome. Anyone who thinks this makes the 1992 Taxpayer’s Bill of Rights (TABOR) or the law’s dogmatic defenders look good has got rocks in their heads.

For the “business community” and others who have supported Republicans and paid lip service to the benefits of split control of the legislature–but also supported fiscal policies like the hospital provider fee, the FASTER vehicle registration fees, and fixing the error in SB17-267–this outcome is a slap in the face. Or at least it should be, if the constructive and moderate image these interests want to project has any meaning at all. Once again, we have Republican leadership over the narrow Senate majority killing what basically everyone else in the state wanted to see happen. If Republican Senate leadership had wanted this bill to make it to the floor, it would have, and it would have passed with bipartisan support just like it passed the House.

Could Democrats have managed the politics of this special session better? Of course–but in the context of obstruction and bad faith from one-third of the elected government of the state, you can’t blame Hickenlooper or Democrats for what happened. This was not even one side of the aisle, but one faction of that one side, who was more interested in pleasing ideologues than doing the right thing. It will be an election issue in 2018.

Stand by for updates.