During the first extraordinary session of the seventy-fourth general
assembly, which occurred in November 2023, the general assembly enacted House Bill 23B-1002 (HB 1002), which increased the amount of the state earned income tax credit for 2023 from 25% to 50% of the amount of the federal earned income tax credit as a means of refunding excess state revenues for the 2022-23 state fiscal year that TABOR requires to be refunded in the 2023-24 state fiscal year.
On December 28, 2023, a member of the house of representatives
(house) filed a lawsuit alleging that the house failed to follow the constitutional requirement that the house read a bill at length unless such reading is waived by the unanimous consent of all house members present when enacting HB 1002 and that HB 1002 therefore must be declared null and void.
To remove any doubt arising from the lawsuit regarding the
constitutionality of the law enacted by HB 1002, the bill repeals and reenacts that law.
