As you have probably heard by now, Governor Hickenlooper has called the General Assembly back for a special session starting tomorrow, October 2nd. Special sessions are called when a specific piece of urgent business cannot wait until the next regular session.
In this case, we’ve been called back to fix a drafting error that has had a major impact on Colorado’s special districts. Here’s what happened. In Senate Bill 17-267, we added 5% to the special marijuana sales tax and exempted marijuana sales from the standard 2.9% sales tax. This increased our total tax revenue from marijuana sales and changed the way the TABOR cap is calculated. The drafting error was that the exemption inadvertently blocked our special districts from collecting the standard marijuana sales tax. As a result, the Regional Transportation District (RTD) is losing $500,000 per month, the Scientific and Cultural Facilities District (SCFD) is losing about $50,000 per month, and numerous other special districts are being hurt.
Let me be clear. This was a mistake – a big one. All 65 representatives and all 35 senators missed it. The governor’s office missed it. Dozens of nonpartisan staff and scores of lobbyists missed it. We all share responsibility for this mistake, and now we all share responsibility for fixing it.
But here’s the thing. Not everyone is on board with fixing it. There’s even a rumor that the Senate president is going to gavel in on Monday morning and then immediately adjourn. That means there won’t even be a committee hearing to discuss the fix. Doing so would be the height of irresponsibility.
It’s common to hear people talk about government dysfunction these days, but it’s not the innocent mistake that makes government dysfunctional – it’s the failure to act when a problem comes to light.
I think it’s safe to say that all 100 legislators were elected to solve problems, not to point fingers. So I’ll be showing up to the capitol tomorrow morning ready to get to work. Let’s hope all 99 of my colleagues make the same choice.