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HB26-1419 • 2026

Over-Refund of Excess State Revenues

Section 20 of article X of the state constitution (TABOR) imposes a limitation on the amount of state fiscal year spending. If state fiscal year spending exceeds that limitation, the state is required

Budget Elections Taxes
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Rep. K. Brown, Rep. E. Sirota, Sen. J. Amabile, Sen. J. Bridges, Rep. J. Bacon, Rep. A. Boesenecker, Rep. M. Carter, Rep. M. Lindsay, Rep. J. McCluskie, Rep. K. Nguyen, Rep. L. Smith, Rep. R. Stewart, Rep. S. Woodrow, Rep. Y. Zokaie, Sen. J. Coleman, Sen. L. Cutter, Sen. N. Hinrichsen, Sen. C. Kipp, Sen. K. Wallace
Last action
2026-06-03
Official status
Governor Signed
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Over-Refund of Excess State Revenues

Section 20 of article X of the state constitution (TABOR) imposes a limitation on the amount of state fiscal year spending.

What This Bill Does

  • Section 20 of article X of the state constitution (TABOR) imposes a limitation on the amount of state fiscal year spending.
  • If state fiscal year spending exceeds that limitation, the state is required to refund the amount of state fiscal year spending in excess of that limitation (TABOR refund).
  • Under current law, if the state issues a TABOR refund for a state fiscal year, and the amount of that TABOR refund is greater than the amount of state fiscal year spending in excess of the limitation of state fiscal year spending for the state fiscal year (over-refund), the state reduces the amount of the next available TABOR refund by the amount of the over-refund.
  • Changes in federal tax policy in 2025 reduced the amount of state tax revenue for the 2025 tax year.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

H.001

Committee of the Whole

Lost

Plain English: AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE HB1419_H.001 DATE 4/28/2026 Representative DeGraaf moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following Richardson amendment, (L.008) to HB26-1419, to show that said amendment passed and that HB26-1419, as amended, passed.

  • AMENDMENT TO REPORT OF THE COMMITTEE OF THE WHOLE HB1419_H.001 DATE 4/28/2026 Representative DeGraaf moved to amend the Report of the Committee of the Whole to reverse the action taken by the Committee in not adopting the following Richardson amendment, (L.008) to HB26-1419, to show that said amendment passed and that HB26-1419, as amended, passed.
  • Amend printed bill, page 5, strike lines 10 through 14 and substitute: "SECTION 3.
  • Refer to people under referendum.
  • At the election held on November 3, 2026, the secretary of state shall submit this act by its ballot title to the registered electors of the state for their approval or rejection.
J.001

HOU Appropriations

Passed [*]

Plain English: HB1419_J.001 HOUSE COMMITTEE OF REFERENCE AMENDMENT Committee on Appropriations.

  • HB1419_J.001 HOUSE COMMITTEE OF REFERENCE AMENDMENT Committee on Appropriations.
  • HB26-1419 be amended as follows: 1 Amend printed bill, page 5, after line 9 insert: 2 "SECTION 3.
  • Appropriation.
  • For the 2026-27 state fiscal year, 3 $18,021 is appropriated to the legislative department for use by the office 4 of the state auditor.
L.010

SEN Appropriations

Passed [*]

Plain English: HB1419_L.010 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Appropriations.

  • HB1419_L.010 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Appropriations.
  • HB26-1419 be amended as follows: 1 Amend reengrossed bill, page 3, after line 4 insert: 2 "(e) Although not predicted by current revenue forecasts, if the 3 18-month impact of H.R.
  • 1 on state fiscal year 2025-26 revenue results 4 in state fiscal year spending for that year to exceed the constitutional 5 limitation on state fiscal year spending, then, while the actual impacts of 6 H.R.
  • 1 on state revenues may differ from what was certified for state 7 fiscal years 2024-25 and 2025-26, correcting the accounting of state fiscal 8 year 2024-25 state fiscal year spending to reflect the revenue reductions 9 caused by H.R.
L.002

Second Reading

Lost [**]

Plain English: HB1419_L.002 Amendment No.

  • HB1419_L.002 Amendment No.
  • ___________ HB26-1419 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Richardson 1 Amend printed bill, page 2, strike lines 2 through 15.
  • 2 Strike page 3.
  • 3 Page 4, strike lines 1 through 9.
L.003

Second Reading

Lost [**]

Plain English: HB1419_L.003 Amendment No.

  • HB1419_L.003 Amendment No.
  • ___________ HB26-1419 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Richardson 1 Amend printed bill, page 2, line 4, strike "had" and substitute "reduced 2 state income tax revenue for state tax year 2025 and state fiscal years 3 2024-25 and 2025-26;".
  • 4 Page 2, strike line 5.
  • 5 Page 2, strike lines 7 through 10 and substitute "end of state fiscal year 6 2024-25, and because generally accepted accounting principles do not 7 allow revenue changes to be accrued to a fiscal year when the relevant 8 law was not in effect during that fiscal year, the impact of H.R.
L.007

Second Reading

Passed [**]

Plain English: HB1419_L.007 Amendment No.

  • HB1419_L.007 Amendment No.
  • ___________ HB26-1419 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Sirota 1 Amend printed bill, page 4, after line 12 insert: 2 "(4.5) IF IN SEPTEMBER 2026 THE CONTROLLER CERTIFIES 3 PURSUANT TO SECTION 24-77-106.5 (1) THAT STATE FISCAL YEAR 2025-26 4 STATE REVENUES DID NOT EXCEED THE LIMITATION ON STATE FISCAL YEAR 5 SPENDING IMPOSED BY SECTION 20 (7)(a) OF ARTICLE X OF THE STATE 6 CONSTITUTION FOR STATE FISCAL YEAR 2025-26:".
  • 7 Page 4, line 13, strike "(4.5)" and strike "DECEMBER 1, 2026," and 8 substitute "NOVEMBER 16, 2026,".
  • ** *** ** *** ** LLS: Pierce Lively x2059
L.008

Second Reading

Lost [**]

Plain English: HB1419_L.008 Amendment No.

  • HB1419_L.008 Amendment No.
  • ___________ HB26-1419 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Richardson 1 Amend printed bill, page 5, strike lines 10 through 14 and substitute: 2 "SECTION 3.
  • Refer to people under referendum.
  • At the 3 election held on November 3, 2026, the secretary of state shall submit this 4 act by its ballot title to the registered electors of the state for their 5 approval or rejection.
L.011

Second Reading

Lost [**]

Plain English: HB1419_L.011 Amendment No.

  • HB1419_L.011 Amendment No.
  • ___________ HB26-1419 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Simpson 1 Amend reengrossed bill, page 5, strike lines 21 through 25 and substitute: 2 "SECTION 4.
  • Refer to people under referendum.
  • At the 3 election held on November 3, 2026, the secretary of state shall submit this 4 act by its ballot title to the registered electors of the state for their 5 approval or rejection.
L.012

Second Reading

Lost [**]

Plain English: HB1419_L.012 Amendment No.

  • HB1419_L.012 Amendment No.
  • ___________ HB26-1419 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Simpson 1 Amend reengrossed bill, page 5, after line 15 insert: 2 "(c) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE 3 AMOUNT DETERMINED PURSUANT TO SUBSECTION (4.5)(b) OF THIS 4 SECTION SHALL BE TREATED AS UNREFUNDED STATE REVENUES AND 5 ADDED TO AND REFUNDED WITH ANY STATE REVENUES IN EXCESS OF THE 6 LIMITATION ON STATE FISCAL YEAR SPENDING FOR STATE FISCAL YEARS 7 2028-29 AND 2029-30, AS DESCRIBED IN SECTION 24-77-103.8.".
  • ** *** ** *** ** LLS: Pierce Lively x2059
L.013

Second Reading

Lost [**]

Plain English: HB1419_L.013 Amendment No.

  • HB1419_L.013 Amendment No.
  • ___________ HB26-1419 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Simpson 1 Amend reengrossed bill, page 4, line 12, after "(4.5)" insert "and (4.7)".
  • 2 Page 5, after line 15 insert: 3 "(4.7) (a) ON OR BEFORE JULY 1, 2026, THE ATTORNEY GENERAL 4 SHALL DETERMINE WHETHER THIS HB26-1419, ENACTED IN 2026, 5 VIOLATES THE STATE CONSTITUTION.
  • 6 (b) SUBSECTION (4.5) OF THIS SECTION WILL TAKE EFFECT IF THE 7 ATTORNEY GENERAL DETERMINES THAT THIS HB26-1419, ENACTED IN 8 2026, DOES NOT VIOLATE THE STATE CONSTITUTION.

Bill History

  1. 2026-06-03 Governor

    Governor Signed

  2. 2026-06-02 Governor

    Sent to the Governor

  3. 2026-06-02 Senate

    Signed by the President of the Senate

  4. 2026-06-02 House

    Signed by the Speaker of the House

  5. 2026-05-12 House

    House Considered Senate Amendments - Result was to Concur - Repass

  6. 2026-05-11 Senate

    Senate Third Reading Passed - No Amendments

  7. 2026-05-08 Senate

    Senate Second Reading Special Order - Passed - No Amendments

  8. 2026-05-08 Senate

    Senate Second Reading Special Order - Passed with Amendments - No Amendments

  9. 2026-05-08 Senate

    Senate Second Reading Special Order - Passed with Amendments - Committee

  10. 2026-05-06 Senate

    Senate Second Reading Special Order - Laid Over Daily - No Amendments

  11. 2026-05-06 Senate

    Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

  12. 2026-05-01 Senate

    Introduced In Senate - Assigned to Appropriations

  13. 2026-04-30 House

    House Third Reading Passed - No Amendments

  14. 2026-04-29 House

    House Third Reading Laid Over Daily - No Amendments

  15. 2026-04-28 House

    House Second Reading Special Order - Passed with Amendments - Committee, Floor

  16. 2026-04-24 House

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

  17. 2026-04-21 House

    Introduced In House - Assigned to Appropriations

Official Summary Text

Section 20 of article X of the state constitution (TABOR) imposes a limitation on the amount of state fiscal year spending. If state fiscal year spending exceeds that limitation, the state is required to refund the amount of state fiscal year spending in excess of that limitation (TABOR refund). Under current law, if the state issues a TABOR refund for a state fiscal year, and the amount of that TABOR refund is greater than the amount of state fiscal year spending in excess of the limitation of state fiscal year spending for the state fiscal year (over-refund), the state reduces the amount of the next available TABOR refund by the amount of the over-refund.
Changes in federal tax policy in 2025 reduced the amount of state tax revenue for the 2025 tax year. Due to when this change in federal tax policy was signed into law, it was not reflected in the amount of state fiscal year 2024-25 spending, even though the change impacted the 2025 tax year. Accordingly, if the state controller certifies in September 2026 that state revenues for state fiscal year 2025-26 did not exceed the limitation on the amount of state fiscal year spending for that state fiscal year, the act directs the office of the state controller, in consultation with the office of state planning and budgeting and the department of revenue, to determine the amount of the over-refund for state fiscal year 2024-25, taking into account the impact on state revenues from the federal tax policy change. No more than one-half of this over-refund can offset future TABOR refunds for any single state fiscal year beginning with the 2026-27 state fiscal year.
$18,021 is appropriated from the general fund to the legislative department for use by the office of the state auditor to implement the act.
(Note: This summary applies to this bill as enacted.)