Over-Refund of Excess State Revenues
Summary
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.)
Bill status
signed
all 5 stages cleared
Introduction
Apr 2026
Committee Review
May 2026
House Passage
Jun 2026
Senate Passage
Jun 2026
Signed into Law
Jun 2026
Introduced Apr 21, 2026
Signed Jun 3, 2026
Maddy AI version diff · 5 comparisons
What changed between versions
Rerevised
→
Final Act
·
5 edits
·
Jun 1, 2026
MODERATE
This bill was updated to add new sponsors and correct the bill title and summary to accurately reflect the specific financial impact of federal tax law changes (H.R. 1) on Colorado's 2024-25 budget. The core policy remains the same: it directs the State Controller to adjust the calculation of the TABOR refund for 2024-25 to account for revenue lost due to federal tax cuts, ensuring the state complies with constitutional spending limits.
Scope change
The bill's scope was clarified by updating the title and summary to explicitly mention the federal tax policy change (H.R. 1) as the cause for the revenue shortfall, whereas the previous version had a more general description of the issue.
ELIGIBILITY
Added Representative Carter, Nguyen, and McCluskie to the list of House sponsors.
TECHNICAL
Added a note indicating the bill is prepared for signatures by legislative officers and the Governor.
Replaced the previous Bill Summary with a detailed explanation of why the accounting correction is necessary and how it shifts certified revenue between fiscal years without changing the total refund to taxpayers.
SCOPE
Changed the bill title and summary to specifically link the over-refund calculation to the revenue reductions caused by H.R. 1 of the 119th Congress.
DEFINITION
Updated the legislative declaration to explain that federal tax changes impacted 2025 income tax revenue, which was only accrued to the 2025-26 fiscal year, creating an accounting discrepancy for 2024-25.
Floor votes · Senate May 12, 2026 · House Apr 30, 2026
How they voted
42–21
Passed · 1 other
Total votes 64
May 12, 2026
D
Democratic42
97% Yea
R
Republican22
95% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
18
Key actions
8
Committee
2
Amendments
1
Jun 3, 2026
Signed into law
Governor Signed
executive
Jun 2, 2026
Upper · Passed
Signed by the President of the Senate
upper
Jun 2, 2026
Lower · Passed
Signed by the Speaker of the House
lower
May 12, 2026
Introduced
House Considered Senate Amendments - Result was to Concur - Repass
lower
May 12, 2026
Senate · Passed
Senate Vote: pass (42-21-1)
senate
May 11, 2026
Upper · Passed
Senate Third Reading Passed - No Amendments
upper
May 6, 2026
Upper · Passed
Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
upper
May 1, 2026
Introduced
Introduced In Senate - Assigned to Appropriations
upper
Apr 30, 2026
Lower · Passed
House Third Reading Passed - No Amendments
lower
Apr 24, 2026
Lower · Passed
House Committee on Appropriations Refer Amended to House Committee of the Whole
lower
Apr 21, 2026
Introduced
Introduced In House - Assigned to Appropriations
lower
4 primary · 15 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Emily Sirota
DDemocratic
P
Jeff Bridges
DDemocratic
P
Judy Amabile
DDemocratic
P
Kyle Brown
DDemocratic
Co
Andy Boesenecker
DDemocratic
Co
Cathy Kipp
DDemocratic
Co
James Coleman
DDemocratic
Co
Jennifer Bacon
DDemocratic
Co
Julie McCluskie
DDemocratic
Co
Katie Wallace
DDemocratic
Co
Kenny Nguyen
DDemocratic
Co
Lesley Smith
DDemocratic
Co
Lisa Cutter
DDemocratic
Co
Mandy Lindsay
DDemocratic
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