Ritter tax plan clears legal hurdle

Rate freeze would bring in funds for K-12 education

Staff And Wire Reports

Published March 30, 2007 at midnight

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Gov. Bill Ritter's controversial proposal to raise money for education by blocking a projected drop in property tax rates won a legal battle Thursday.

An opinion issued by the Office of Legislative Legal Services supports Ritter's contention that the legislature has the right to authorize the tax rate freeze.

The "opinion reflects precisely what I said from the start of this conversation: The legislature has the full authority to stabilize the local share of K-12 funding in this fashion," Ritter said in a statement.

Ritter's plan would bring in $84 million more a year in taxes in all but three of the state's 178 school districts. The money would fund full-day kindergarten and preschool and shore up the state education fund.

"If we don't, the state education fund will be broke in 2011," Ritter said.

Lawmakers killed the plan this month when it was attached to the annual school finance bill. Republicans called it a tax hike, and many Democrats were uncomfortable voting for it as well.

Senate President Joan Fitz- Gerald, D-Coal Creek Canyon, said at the time that the vote wasn't a rebuff to the governor. Democrats didn't want to vote for the proposal until they knew it didn't violate the part of the state constitution that requires voters to approve all tax increases, she said.

Tax rates are set to decrease next year under the 1994 school finance law. But Ritter wants to freeze the property tax rate at current levels. Under that plan, tax bills would go up if property is assessed at a higher value.

Rep. Jack Pommer, D-Boulder, the bill's House sponsor, said he's unsure he has the votes to win approval of Ritter's proposal.

In other legislative action Thursday:

• A bill to allow victims of domestic violence, sexual assault and stalking to keep their addresses secret was approved by the House State Veterans and Military Affairs Committee.

House Bill 1350 would establish a program to keep victims' -real addresses confidential from public records. The bill now goes to the House Appropriations Committee.

Under the plan, mail would be sent to the Secretary of State to be forwarded to recipients.

• The House approved and sent to the Senate a measure that would bar home buyers from waiving the warranties that force home builders to fix defects.

Lawmakers said nearly all major home builders in Colorado use contracts that force home buyers to waive rights that are protected under the Construction Defect Action Reform Act.

Lawmakers said House Bill 1338 corrects the problem by prohibiting home builders from systematically getting homeowners to waive their rights.

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