Lawmakers await mill levy freeze appeal decision

GRAND JUNCTION — Grand Junction’s two state Republican lawmakers have put a three-week deadline on deciding what to do if a recent district court decision to overturn a mill levy freeze survives an appeal by Gov. Bill Ritter to the Colorado Supreme Court.

The appeal has not been scheduled, and Democratic Rep. Bernie Buescher of Grand Junction believes it’s too soon to make a plan for a change that may never come.

Local Republicans Rep. Steve King and Sen. Josh Penry want a special session or executive direction by July 1 on what to do with $117.8 million made available in this year’s budget through the mill levy freeze. The first of July is the day that money is spent on mostly preschool, full-day kindergarten and children’s health insurance programs.

That money should be set aside now or the state may have to reign it in later if the Supreme Court decides to uphold the district court ruling, said state Rep. Steve King, R-Grand Junction. The Legislature could also look at siphoning money off new programs if extra money is needed, King said.

Putting the money in the government equivalent of an escrow account would be Penry’s favored option.

“The prudent course would be to make sure that the money is available and not out the door,” he said last week.

Calling a special session of the Legislature before the Supreme Court appeal is even scheduled would be premature, Buescher said. He speculated the timeline for the court case could be known in the next two weeks.

Buescher said he’s not ruling out finding a solution for dealing with the freeze being deemed unconstitutional May 30, but believes “if the Supreme Court should rule against the governor, the Legislature would have plenty of time to deal with the mill levy freeze.”

King said he hasn’t heard of a backup plan from Ritter if the appeal doesn’t work. He said he hopes a tax or fee increase isn’t one of Ritter’s options.

“If he doesn’t have a solution by July 1, he’s going to be talking about how to get more money, and I hope he doesn’t come to us,” King said Monday at a Mesa County Republican Women’s luncheon.

Senate Bill 199, the 2007 legislation that contained the mill levy freeze, won’t dry up over this decision, Buescher said. The freeze was supposed to allow the state to save more money for the fund by increasing local contributions to school district funding.

“It would be inaccurate to say that something has to be done (now) because there is money in the state education fund that is the beneficiary of the legislation,” Buescher said.

There’s more than $100 million in the state education fund, Buescher said.

“It’s the long-term solvency of the fund that is the issue in Senate Bill 199.”

Reach Emily Anderson at eanderson@gjfreepress.com.