HJR 25-1023 Colorado House · 2025 Regular Session

Require General Assembly TABOR Constitutionality Lawsuit

This resolution authorizes Colorado's General Assembly to file a lawsuit challenging whether the Taxpayer's Bill of Rights (TABOR), specifically Section 20 of Article X in the state constitution, violates the guarantee of a "republican form of government" under the state constitution and U.S. Constitution. It directs the Committee on Legal Services to hire legal counsel (excluding those involved in prior TABOR litigation) to sue in state district court, seeking a court determination on TABOR's constitutionality regarding legislative authority over taxes and spending. The suit focuses solely on whether TABOR undermines the General Assembly's role as a representative legislative body.

Bill status in committee 1 of 4 stages cleared

Introduction

Mar 2025

Committee Review

Floor Vote

Governor

Introduced Mar 31, 2025 Last action Apr 10, 2025

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What changed between versions

Introduced (03/31/2025) → PA1 (04/09/2025) · 3 edits

MINOR

This bill authorizes the General Assembly to file a lawsuit challenging the constitutionality of Colorado's Taxpayer's Bill of Rights (TABOR). The amendment adds specific restrictions on which law firms and attorneys can represent the state in this litigation, excluding those involved in prior federal court cases challenging TABOR.

Scope change

The bill's scope remains focused on authorizing legal action against TABOR, but the amendment narrows the pool of eligible legal counsel by adding exclusion criteria based on prior involvement in related federal litigation.

ELIGIBILITY

Added restrictions prohibiting law firms or attorneys who previously represented plaintiffs in federal litigation challenging TABOR (specifically Kerr v. Hickenlooper and Kerr v. Polis cases) from representing the General Assembly in this lawsuit.

Added prohibition against employing paralegals or legal support staff who worked for excluded law firms or attorneys during the prior federal litigation.

TECHNICAL

Changed the document header from 'INTRODUCED' to 'PREAMENDED' and updated bill number formatting.

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Full legislative history

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Key actions

Committee

Apr 7, 2025

Lower · Passed

House Committee on Finance Refer Amended to House Committee of the Whole

lower

Mar 31, 2025

Introduced

Introduced In House - Assigned to Finance

lower

4 primary · 39 co-sponsors