(The Center Square) – The legislative process Colorado Democrats used to create a one-time tax credit with Taxpayer’s Bill of Rights funds is being challenged in court by Republicans.
Rep. Scott Bottoms, R-Colorado Springs, filed the complaint against Democratic Gov. Jared Polis and House Speaker Julie McCluskie, D-Dillon, in Denver District Court for violating the state constitution. Bottoms alleges his rights were violated when McCluskie refused to allow a full reading of House Bill 23B-1002.
The 12-page complaint alleges Article V, section 22 of the Colorado Constitution was violated because the bill wasn’t “read at length twice in each house of the General Assembly.” Bottoms also argues McCluskie’s actions deprived him of his right for the legislation to be read.
“We weren’t breaking rules, we weren’t doing anything wrong, but she doesn’t like what we say and so she harasses, specifically me,” Bottoms said this week in an interview with Free State Colorado. “She called me in her office and yelled and screamed at me. I mean this is unhinged, crazy behavior.”
The law, passed during last November’s special session, increased the federal income tax credit for low-income families for 2023. Colorado’s earned income tax credit is available to taxpayers who claim the federal earned income tax credit and to taxpayers who would otherwise be able to claim the federal credit but who are ineligible because they don’t have a valid social security number. The bill expands the state credit from 25% to 50% of the federal amount.
“The bill classifies this expansion to the [credit] as a TABOR refund mechanism for the fiscal year 2022-23 TABOR surplus, refunded in fiscal year 2023-24, after the property tax exemption refund mechanisms,” the bill’s fiscal note stated.
The fiscal note also stated the law allows $182.5 million from the 2022-2023 surplus to be used for the expansion of the tax credit.
“The bill will reduce TABOR refunds made by other refund methods, which, under current law, would be from refunds made via the six-tier sales tax mechanism,” the fiscal note said.
After the vote was taken on the bill, Bottoms said legislative counsel told him he should have had an opportunity to read the legislation.
“Legal Services came and talked to me and apologized and said you did have the right to read that at length,” Bottoms told Free State Colorado. “[They said] we’re sorry that this happened, but everything was moving fast and I said, no, it wasn’t moving fast. I stood there for an hour with my hand up. That’s nobody’s definition of moving fast.”
Bottoms said McCluskie must be held legally accountable for her actions.
“She breaks rules,” Bottoms said in the interview. “She’s a bully. She manipulates people. She attacks her own party. She attacks [Republicans] ad nauseam. We’re just tired of it and we’re not going to let this one stand. And this bill is such a bad bill. We had to address this because it was shoved through unconstitutionally.”
A spokesperson for House Democrats did not immediately respond to a request for comment.
