Amendments for HB19-1033
House Journal, February 4
53 HB19-1033 be amended as follows, and as so amended, be referred to
54 the Committee of the Whole with favorable
55 recommendation:
56
1 Amend printed bill, page 3, after line 11 insert:
2
3 "SECTION 3. In Colorado Revised Statutes, add article 30 to
4 title 29 as follows:
30 5 ARTICLE
6 Regulation of Cigarettes, Tobacco Products, and
7 Nicotine Products
8 29-30-101. Regulation of cigarettes, tobacco products, and
9 nicotine products. THE CITY COUNCIL OF A STATUTORY OR HOME RULE
10 CITY OR THE TOWN COUNCIL OF A STATUTORY TOWN MAY ADOPT AN
11 ORDINANCE TO REGULATE THE POSSESSION OR PURCHASING OF
12 CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE PRODUCTS, AS DEFINED
13 IN SECTION 18-13-121 (5), BY A MINOR OR TO REGULATE THE SALE OF
14 CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE PRODUCTS TO MINORS.".
15
16 Renumber succeeding sections accordingly.
17
18 Page 4, line 22, after the period add "FOR ANY CITY, TOWN, OR COUNTY
19 THAT WAS PREVIOUSLY DISQUALIFIED FROM THE APPORTIONMENT SET
20 FORTH IN THIS SUBSECTION (1)(a)(II)(A) BY REASON OF IMPOSING A FEE,
21 LICENSE, OR TAX RELATED TO THE SALE OF CIGARETTES, THE CITY, TOWN,
22 OR COUNTY IS ELIGIBLE FOR ANY ALLOCATION OF MONEY THAT IS BASED
23 ON AN APPORTIONMENT MADE ON OR AFTER THE EFFECTIVE DATE OF THIS
24 SUBSECTION (1)(a)(II)(A), AS AMENDED, BUT NOT FOR AN ALLOCATION OF
25 MONEY THAT IS BASED ON AN APPORTIONMENT MADE BEFORE THE
26 EFFECTIVE DATE OF THIS SUBSECTION (1)(a)(II)(A), AS AMENDED.".
27
28 Page 5, line 1, strike "CITY, TOWN," and substitute "STATUTORY OR HOME
29 RULE MUNICIPALITY,".
30
31 Page 6, line 19, strike "AND ENFORCEMENT" and substitute
32 "ENFORCEMENT, AND ADMINISTRATION".
33
34 Page 7, line 15, strike "AND ENFORCES" and substitute "ENFORCES, AND
35 ADMINISTERS".
36
37 Page 7, after line 25 insert:
38
39 "(4) (a) EACH MUNICIPALITY IN THE STATE IS AUTHORIZED TO
40 LEVY, COLLECT, ENFORCE, AND ADMINISTER A MUNICIPAL SPECIAL SALES
41 TAX UPON ALL SALES OF CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE
42 PRODUCTS.
43 (b) A SPECIAL SALES TAX SHALL NOT BE LEVIED PURSUANT TO
44 SUBSECTION (4)(a) OF THIS SECTION UNTIL THE PROPOSAL HAS BEEN
45 REFERRED TO AND APPROVED BY THE ELIGIBLE ELECTORS OF THE
46 MUNICIPALITY IN ACCORDANCE WITH ARTICLE 10 OF TITLE 31. ANY
47 PROPOSAL FOR THE LEVY OF A SPECIAL SALES TAX IN ACCORDANCE WITH
48 SUBSECTION (4)(a) OF THIS SECTION MUST BE SUBMITTED TO THE ELIGIBLE
49 ELECTORS OF THE MUNICIPALITY ON THE DATE OF THE STATE GENERAL
50 ELECTION, ON THE FIRST TUESDAY IN NOVEMBER OF AN ODD-NUMBERED
51 YEAR, OR ON THE DATE OF A MUNICIPAL BIENNIAL ELECTION. ANY
52 ELECTION ON THE PROPOSAL MUST BE CONDUCTED BY THE CLERK OF THE
53 MUNICIPALITY IN ACCORDANCE WITH THE "COLORADO MUNICIPAL
54 ELECTION CODE OF 1965", ARTICLE 10 OF TITLE 31.
55 (5) IF A COUNTY OR MUNICIPALITY OBTAINED APPROVAL FROM THE
56 ELIGIBLE ELECTORS OF THE COUNTY OR MUNICIPALITY PRIOR TO THE
1 EFFECTIVE DATE OF THIS SUBSECTION (5), TO LEVY, COLLECT, ENFORCE,
2 AND ADMINISTER A SPECIAL SALES TAX ON THE SALE OF CIGARETTES,
3 TOBACCO PRODUCTS, OR NICOTINE PRODUCTS, THE SPECIAL SALES TAX IS
4 VALID AND THE COUNTY OR MUNICIPALITY IS AUTHORIZED TO CONTINUE
5 TO LEVY, COLLECT, ENFORCE, AND ADMINISTER THE SPECIAL SALES TAX;
6 EXCEPT THAT, IN THE CASE OF A COUNTY, THE COUNTY IS AUTHORIZED TO
7 CONTINUE TO LEVY, COLLECT, ENFORCE, AND ADMINISTER THE SPECIAL
8 SALES TAX SO LONG AS THE COUNTY COMPLIES WITH SUBSECTION (2) OF
9 THIS SECTION. IF A COUNTY LEVIES, COLLECTS, ENFORCES, AND
10 ADMINISTERS A SPECIAL SALES TAX IN A MUNICIPALITY THAT HAS
11 ALREADY OBTAINED VOTER APPROVAL TO LEVY A MUNICIPAL SPECIAL
12 SALES TAX ON THE SALE OF CIGARETTES, TOBACCO PRODUCTS, OR
13 NICOTINE PRODUCTS, THE COUNTY SPECIAL SALES TAX IS INVALID WITHIN
14 THE CORPORATE LIMITS OF THE MUNICIPALITY UNLESS THE COUNTY
15 ENTERS INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE
16 MUNICIPALITY PURSUANT TO SUBSECTION (3) OF THIS SECTION THAT
17 AUTHORIZES THE COUNTY TO CONTINUE TO LEVY, COLLECT, ENFORCE, AND
18 ADMINISTER THE SPECIAL SALES TAX ON CIGARETTES, TOBACCO
19 PRODUCTS, OR NICOTINE PRODUCTS WITHIN THE CORPORATE LIMITS OF THE
20 MUNICIPALITY.".
21
22 Renumber succeeding subsections accordingly.
23
24 Page 8, line 12, strike "(4)(b)." and substitute "(6)(b).".
25
26 Page 9, after line 2 insert:
27
109 28 "SECTION 7. In Colorado Revised Statutes, amend 39-28.5-
29 as follows:
30
31 39-28.5-109. Taxation by cities and towns. No provision of This
32 article shall be construed to ARTICLE 28.5 DOES NOT prevent the A
33 STATUTORY OR HOME RULE MUNICIPALITY, COUNTY, OR CITY AND COUNTY
34 FROM imposing, levying, and collecting of any SPECIAL SALES tax upon
35 sales of CIGARETTES, tobacco products, OR NICOTINE PRODUCTS, AS THAT
36 TERM IS DEFINED IN SECTION 18-13-121 (5), or upon the occupation or
37 privilege of selling such CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE
38 products. by any city or town in this state, nor shall the provisions of This
39 article be interpreted to ARTICLE 28.5 DOES NOT affect any existing
40 authority of local municipalities GOVERNMENTS to impose a SPECIAL
41 SALES tax on CIGARETTES, tobacco products, OR NICOTINE PRODUCTS, IN
42 ACCORDANCE WITH SECTION 39-28-112, to be used for local and
43 municipal GOVERNMENTAL purposes.
44
45 SECTION 8. Effective date. This act takes effect July 1, 2019.".
46
47 Renumber succeeding section accordingly.
48
49 Strike "AND ENFORCE" and substitute "ENFORCE, AND ADMINISTER" on
50 Page 5, lines 12, 15, and 19; Page 6, lines 7 and 8, and 11; and Page 7,
51 lines 1 and 23.
52
53
Senate Journal, February 22
HB19-1033 by Representative(s) Tipper and Kennedy; also Senator(s) Fields and Priola--Concerning a
local government's authority to regulate products containing nicotine.
Amendment No. 1(L.005), by Senator Bridges.
Amend reengrossed bill, page 5, strike lines 1 through 7 and substitute
"to the state treasurer. In order to qualify for distributions of state income
tax moneys MONEY, units of local government are prohibited from
imposing fees, licenses, or taxes on any person as a condition for
engaging in the business of selling cigarettes. or from attempting in any
manner to impose a tax on cigarettes. For purposes of this paragraph (a)
SUBSECTION (1)(a)(II), the "gross state cigarette tax" means the total tax
before the discount provided for in section 39-28-104 (1) FOR ANY CITY,
TOWN, OR".
Page 5, line 10, strike "FEE, LICENSE, OR TAX" and substitute "FEE OR
LICENSE".
As amended, ordered revised and placed on the calendar for third reading and final
passage.