Amendments for SB17-303
Senate Journal, May 3
After consideration on the merits, the Committee recommends that SB17-303 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 5, strike lines 11 and 12 and substitute:
"SECTION 2. In Colorado Revised Statutes, 24-75-219, amend
as added by Senate Bill 17-262 (2)(c.3); repeal (1)(c), (2)(a), and
(2)(d); repeal as added by Senate Bill 17-262 (2)(c.7)(I); and add
(2)(c.2); as follows:
24-75-219. Transfers - transportation - capital construction
- definitions. (1) As used in this section, unless the context otherwise
requires:
(c) "Funds" means the highway users tax fund and the capital
construction fund.
(2) (a) On June 30, 2016, the state treasurer shall transfer:
(I) One hundred ninety-nine million two hundred thousand
dollars from the general fund to the highway users tax fund; and
(II) Forty-nine million eight hundred thousand dollars from the
general fund to the capital construction fund.
(c.2) ON JUNE 30, 2019, THE STATE TREASURER SHALL TRANSFER
SIXTY MILLION DOLLARS FROM THE GENERAL FUND TO THE CAPITAL
CONSTRUCTION FUND."
(c.3) On June 30 2019, OF EACH YEAR FROM 2019 THROUGH 2038,
the state treasurer shall transfer: TRANSFER ONE HUNDRED SIXTY MILLION
DOLLARS FROM THE GENERAL FUND TO THE HIGHWAY USERS TAX FUND.
(I) One hundred sixty million dollars from the general fund to the
highway users tax fund; and
(II) Sixty million dollars from the general fund to the capital
construction fund.
(c.7) On June 30, 2020, the state treasurer shall transfer:
(I) One hundred sixty million dollars from the general fund to the
highway users tax fund; and
(d) For each state fiscal year beginning on or after July 1, 2020,
the general assembly may appropriate or transfer, in its sole discretion,
moneys from the general fund to the highway users tax fund, the capital
construction fund, or both funds.".
Page 6, line 11, strike "TEN" and substitute "FIVE".
Page 6, line 13, strike "FIVE" and substitute "TEN".
Page 6, after line 24 insert:
"SECTION 5. In Colorado Revised Statutes, 42-3-107, amend
(2), (7), (8)(a), (8)(b)(I), (8)(b)(III), (10)(a), (10)(b)(I), (10)(b)(III),
(10)(b)(IV), (13), and (15)(e); and add (2.5), (7.5), (8)(a.5), (10)(a.5),
and (15)(e.5) as follows:
42-3-107. Taxable value of classes of property - rate of tax -
when and where payable - department duties - apportionment of tax
collections - definitions - rules - repeal. (2) BEFORE JULY 1, 2018, the
annual specific ownership tax payable on every item of Class A personal
property shall be IS computed in accordance with the following schedule:
Year of service Rate of tax
First year 2.10% of taxable value
Second year 1.50% of taxable value
Third year 1.20% of taxable value
Fourth year .90% of taxable value
Fifth, sixth, seventh, eighth,
and ninth years .45% of taxable value or $10,
whichever is greater
Tenth and each later year $ 3
(2.5) (a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2.5)(b)
OF THIS SECTION, ON AND AFTER JULY 1, 2018, THE ANNUAL SPECIFIC
OWNERSHIP TAX PAYABLE ON EVERY ITEM OF CLASS A PERSONAL
PROPERTY IS COMPUTED IN ACCORDANCE WITH THE FOLLOWING
SCHEDULE:
YEAR OF SERVICE RATE OF TAX
FIRST YEAR 2.10% OF TAXABLE VALUE
SECOND YEAR 1.50% OF TAXABLE VALUE
THIRD YEAR 1.20% OF TAXABLE VALUE
FOURTH YEAR .90% OF TAXABLE VALUE
FIFTH THROUGH NINTH YEARS .45% OF TAXABLE VALUE OR
$10, WHICHEVER IS GREATER
TENTH THROUGH
FOURTEENTH YEARS .35% OF TAXABLE VALUE
FIFTEENTH THROUGH
NINETEENTH YEARS .25% OF TAXABLE VALUE
TWENTIETH THROUGH
TWENTY-FOURTH YEARS .20% OF TAXABLE VALUE
TWENTY-FIFTH YEAR AND
EACH LATER YEAR $ 3
(b) NOTWITHSTANDING THE SPECIFIC OWNERSHIP TAX SCHEDULE
SPECIFIED IN SUBSECTION (2.5)(a) OF THIS SECTION, ON AND AFTER JULY
1, 2018, THE ANNUAL SPECIFIC OWNERSHIP TAX PAYABLE ON AN ITEM OF
CLASS A PERSONAL PROPERTY IS THREE DOLLARS IF THE ITEM WAS
REGISTERED AS BEING IN ITS TENTH YEAR OR A LATER YEAR OF SERVICE
AS OF THE EFFECTIVE DATE OF THIS SUBSECTION (2.5)(b) AND HAS NOT, ON
OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (2.5)(b), BEEN NEWLY
REGISTERED IN THE STATE AFTER PREVIOUSLY BEING REGISTERED IN
ANOTHER STATE OR A FOREIGN COUNTRY OR BEEN SOLD OR
TRANSFERRED.
(7) WITH RESPECT TO SPECIFIC OWNERSHIP TAXES COLLECTED
BEFORE JULY 1, 2018, the department shall transmit all specific
ownership taxes collected on items of Class A and Class F personal
property to the state treasurer and shall advise the treasurer on the last
day of each month of the amounts apportioned to each county from the
preceding month's collections. The state treasurer shall pay such THE
amounts to the respective treasurers of each county.
(7.5) WITH RESPECT TO SPECIFIC OWNERSHIP TAXES COLLECTED
ON OR AFTER JULY 1, 2018, THE DEPARTMENT SHALL TRANSMIT ALL
SPECIFIC OWNERSHIP TAXES COLLECTED ON ITEMS OF CLASS A, CLASS B,
CLASS C, CLASS D, AND CLASS F PERSONAL PROPERTY TO THE STATE
TREASURER AND SHALL ADVISE THE STATE TREASURER ON THE LAST DAY
OF EACH MONTH OF BOTH THE AMOUNTS ACTUALLY APPORTIONED TO
EACH COUNTY FROM THE PRECEDING MONTH'S COLLECTIONS PURSUANT
TO SUBSECTIONS (2.5), (8)(a.5), (10)(a.5), AND (15)(e.5) OF THIS SECTION
AND THE AMOUNTS THAT WOULD HAVE BEEN APPORTIONED TO EACH
COUNTY FROM THE PRECEDING MONTH'S COLLECTIONS UNDER
SUBSECTIONS (2), (8)(a), (10)(a), AND (15)(e) OF THIS SECTION IF THE
SPECIFIC OWNERSHIP TAX SCHEDULES SET FORTH IN THOSE SUBSECTIONS
HAD CONTINUED TO APPLY ON AND AFTER JULY 1, 2018. THE STATE
TREASURER SHALL PAY THE AMOUNTS THAT WOULD HAVE BEEN
APPORTIONED TO EACH COUNTY UNDER SUBSECTIONS (2), (8)(a), (10)(a),
AND (15)(e) OF THIS SECTION IF THE SPECIFIC OWNERSHIP TAX SCHEDULES
SET FORTH IN THOSE SUBSECTIONS HAD CONTINUED TO APPLY ON AND
AFTER JULY 1, 2018, TO EACH COUNTY AND SHALL CREDIT ALL
REMAINING SPECIFIC OWNERSHIP TAXES TO THE HIGHWAY USERS TAX
FUND CREATED IN SECTION 43-4-201 (1)(a) FOR ALLOCATION AS SPECIFIED
IN SECTION 43-4-205 (6.8).
(8) (a) Except as OTHERWISE provided in paragraph (b) of this
subsection (8) SUBSECTION (8)(b) OF THIS SECTION, BEFORE JULY 1, 2018,
the annual specific ownership tax payable on every item of Class B
personal property is:
Year of service Rate of tax
First year 2.10% of taxable value
Second year 1.50% of taxable value
Third year 1.20% of taxable value
Fourth year .90% of taxable value
Fifth, sixth, seventh, eighth,
and ninth years .45% of taxable value or $10,
whichever is greater
Tenth and each later year $ 3
(a.5) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS
(8)(a.5)(II) AND (8)(b) OF THIS SECTION, ON AND AFTER JULY 1, 2018, THE
ANNUAL SPECIFIC OWNERSHIP TAX PAYABLE ON EVERY ITEM OF CLASS B
PERSONAL PROPERTY IS:
YEAR OF SERVICE RATE OF TAX
FIRST YEAR 2.10% OF TAXABLE VALUE
SECOND YEAR 1.50% OF TAXABLE VALUE
THIRD YEAR 1.20% OF TAXABLE VALUE
FOURTH YEAR .90% OF TAXABLE VALUE
FIFTH THROUGH NINTH YEARS .45% OF TAXABLE VALUE OR
$10, WHICHEVER IS GREATER
TENTH THROUGH
FOURTEENTH YEARS .35% OF TAXABLE VALUE
FIFTEENTH THROUGH
NINETEENTH YEARS .25% OF TAXABLE VALUE
TWENTIETH THROUGH
TWENTY-FOURTH YEARS .20% OF TAXABLE VALUE
TWENTY-FIFTH YEAR AND
EACH LATER YEAR $ 3
(II) NOTWITHSTANDING THE SPECIFIC OWNERSHIP TAX SCHEDULE
SPECIFIED IN SUBSECTION (8)(a.5)(I) OF THIS SECTION, ON AND AFTER
JULY 1, 2018, THE ANNUAL SPECIFIC OWNERSHIP TAX PAYABLE ON AN
ITEM OF CLASS B PERSONAL PROPERTY IS THREE DOLLARS IF THE ITEM
WAS REGISTERED AS BEING IN ITS TENTH YEAR OR A LATER YEAR OF
SERVICE AS OF THE EFFECTIVE DATE OF THIS SUBSECTION (8)(a.5)(II) AND
HAS NOT, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
(8)(a.5)(II), BEEN NEWLY REGISTERED IN THE STATE AFTER PREVIOUSLY
BEING REGISTERED IN ANOTHER STATE OR A FOREIGN COUNTRY OR BEEN
SOLD OR TRANSFERRED.
(b) (I) In lieu of paying the specific ownership tax required in
paragraph (a) of this subsection (8) BY SUBSECTION (8)(a) OR (8)(a.5) OF
THIS SECTION, an owner who qualifies may pay ownership tax under this
paragraph (b) SUBSECTION (8)(b). The specific ownership tax payable on
Class B personal property under sixteen thousand pounds empty weight
is one dollar for each full year while the owner is a member of the United
States armed forces and has orders to serve outside the United States. If
the owner serves less than a full year outside the United States, the tax is
the amount established by paragraph (a) of this subsection (8)
SUBSECTION (8)(a) OR (8)(a.5) OF THIS SECTION, prorated according to the
number of months the owner was in the United States.
(III) If a person has already paid taxes at the rate required in
paragraph (a) of this subsection (8) BY SUBSECTION (8)(a) OR (8)(a.5) OF
THIS SECTION but is eligible to pay taxes under this paragraph (b)
SUBSECTION (8)(b), the department shall credit the person the difference
between the rate in paragraph (a) of this subsection (8) SUBSECTION (8)(a)
OR (8)(a.5) OF THIS SECTION and the prorated rate imposed in this
paragraph (b) SUBSECTION (8)(b) towards the person's specific ownership
taxes for succeeding years.
(10) (a) Except as OTHERWISE provided in paragraph (b) of this
subsection (10) SUBSECTION (10)(b) OF THIS SECTION, BEFORE JULY 1,
2018, the annual specific ownership tax payable on every item of Class
C personal property is:
Year of service Rate of tax
First year 2.10% of taxable value
Second year 1.50% of taxable value
Third year 1.20% of taxable value
Fourth year .90% of taxable value
Fifth, sixth, seventh, eighth,
and ninth years .45% of taxable value
Tenth and each later year $ 3
(a.5) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS
(10)(a.5)(II) AND (10)(b) OF THIS SECTION, ON AND AFTER JULY 1, 2018,
THE ANNUAL SPECIFIC OWNERSHIP TAX PAYABLE ON EVERY ITEM OF
CLASS C PERSONAL PROPERTY IS:
YEAR OF SERVICE RATE OF TAX
FIRST YEAR 2.10% OF TAXABLE VALUE
SECOND YEAR 1.50% OF TAXABLE VALUE
THIRD YEAR 1.20% OF TAXABLE VALUE
FOURTH YEAR .90% OF TAXABLE VALUE
FIFTH THROUGH NINTH YEARS .45% OF TAXABLE VALUE
TENTH THROUGH
FOURTEENTH YEARS .35% OF TAXABLE VALUE
FIFTEENTH THROUGH
NINETEENTH YEARS .25% OF TAXABLE VALUE
TWENTIETH THROUGH
TWENTY-FOURTH YEARS .20% OF TAXABLE VALUE
TWENTY-FIFTH YEAR AND
EACH LATER YEAR $ 3
(II) NOTWITHSTANDING THE SPECIFIC OWNERSHIP TAX SCHEDULE
SPECIFIED IN SUBSECTION (10)(a.5)(I) OF THIS SECTION, ON AND AFTER
JULY 1, 2018, THE ANNUAL SPECIFIC OWNERSHIP TAX PAYABLE ON AN
ITEM OF CLASS C PERSONAL PROPERTY IS THREE DOLLARS IF THE ITEM
WAS REGISTERED AS BEING IN ITS TENTH YEAR OR A LATER YEAR OF
SERVICE AS OF THE EFFECTIVE DATE OF THIS SUBSECTION (10)(a.5)(II)
AND HAS NOT, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
(10)(a.5)(II), BEEN NEWLY REGISTERED IN THE STATE AFTER PREVIOUSLY
BEING REGISTERED IN ANOTHER STATE OR A FOREIGN COUNTRY OR BEEN
SOLD OR TRANSFERRED.
(b) (I) In lieu of paying the specific ownership tax required in
paragraph (a) of this subsection (10) BY SUBSECTION (10)(a) OF THIS
SECTION, an owner who qualifies may pay ownership tax under this
paragraph (b) SUBSECTION (10)(b). The specific ownership tax payable
on Class C personal property is one dollar for each full year while the
owner is a member of the United States armed forces and has orders to
serve outside the United States. If the owner serves less than a full year
outside the United States, the tax is the amount established by paragraph
(a) of this subsection (10) SUBSECTION (10)(a) OR (10)(a.5) OF THIS
SECTION, prorated according to the number of months the owner was in
the United States.
(III) If a person has already paid taxes at the rate required in
paragraph (a) of this subsection (10) SUBSECTION (10)(a) OR (10)(a.5) OF
THIS SECTION, but is eligible to pay taxes under this paragraph (b)
SUBSECTION (10)(b), the department shall credit the person the difference
between the rate in paragraph (a) of this subsection (10) SUBSECTION
(10)(a) OR (10)(a.5) OF THIS SECTION and the prorated rate imposed in this
paragraph (b) SUBSECTION (10)(b) towards the person's specific
ownership taxes for succeeding years.
(IV) This paragraph (b) SUBSECTION (10)(b) only applies to a
motor vehicle that is less than ten TWENTY-FIVE model-years old.
(13) (a) BEFORE JULY 1, 2018, the annual specific ownership tax
payable on every item of Class D personal property shall be computed in
accordance with the following schedule:
Year of service Rate of tax
First year 2.10% of taxable value
Second year 1.50% of taxable value
Third year 1.20% of taxable value
Fourth year .90% of taxable value
Fifth, sixth, seventh, eighth,
and ninth years .45% of taxable value
Tenth and each later year .45% of taxable value or $ 3,
whichever is greater
(b) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION
(13)(b)(II) OF THIS SECTION, ON AND AFTER JULY 1, 2018, THE ANNUAL
SPECIFIC OWNERSHIP TAX PAYABLE ON EVERY ITEM OF CLASS D
PERSONAL PROPERTY SHALL BE COMPUTED IN ACCORDANCE WITH THE
FOLLOWING SCHEDULE:
YEAR OF SERVICE RATE OF TAX
FIRST YEAR 2.10% OF TAXABLE VALUE
SECOND YEAR 1.50% OF TAXABLE VALUE
THIRD YEAR 1.20% OF TAXABLE VALUE
FOURTH YEAR .90% OF TAXABLE VALUE
FIFTH THROUGH NINTH YEARS .45% OF TAXABLE VALUE
TENTH THROUGH
FOURTEENTH YEARS .35% OF TAXABLE VALUE
FIFTEENTH THROUGH
NINETEENTH YEARS .25% OF TAXABLE VALUE
TWENTIETH THROUGH
TWENTY-FOURTH YEARS .20% OF TAXABLE VALUE
TWENTY-FIFTH YEAR AND
EACH LATER YEAR $ 3
(II) NOTWITHSTANDING THE SPECIFIC OWNERSHIP TAX SCHEDULE
SPECIFIED IN SUBSECTION (13)(b)(I) OF THIS SECTION, ON AND AFTER JULY
1, 2018, THE ANNUAL SPECIFIC OWNERSHIP TAX PAYABLE ON AN ITEM OF
CLASS D PERSONAL PROPERTY IS THREE DOLLARS IF THE ITEM WAS
REGISTERED AS BEING IN ITS TENTH YEAR OR A LATER YEAR OF SERVICE
AS OF THE EFFECTIVE DATE OF THIS SUBSECTION (13)(b)(II) AND HAS NOT,
ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (13)(b)(II), BEEN
NEWLY REGISTERED IN THE STATE AFTER PREVIOUSLY BEING REGISTERED
IN ANOTHER STATE OR A FOREIGN COUNTRY OR BEEN SOLD OR
TRANSFERRED.
(15) (e) BEFORE JULY 1, 2018, the annual specific ownership tax
payable on each item of Class F personal property shall be IS computed
in accordance with the following schedule:
Year of service Rate of tax
First year 2.10% of taxable value
Second year 1.50% of taxable value
Third year 1.25% of taxable value
Fourth year 1.00% of taxable value
Fifth year .75% of taxable value
Sixth and each later year .50% of taxable value,
but not less than $5
(e.5) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION
(15)(e.5)(II) OF THIS SECTION, ON AND AFTER JULY 1, 2018, THE ANNUAL
SPECIFIC OWNERSHIP TAX PAYABLE ON EVERY ITEM OF CLASS F PERSONAL
PROPERTY IS:
YEAR OF SERVICE RATE OF TAX
FIRST YEAR 2.10% OF TAXABLE VALUE
SECOND YEAR 1.50% OF TAXABLE VALUE
THIRD YEAR 1.25% OF TAXABLE VALUE
FOURTH YEAR 1.00% OF TAXABLE VALUE
FIFTH YEAR .75% OF TAXABLE VALUE
SIXTH THROUGH NINTH
YEARS .50% OF TAXABLE VALUE
BUT NOT LESS THAN $5
TENTH THROUGH
FOURTEENTH YEARS .35 % OF TAXABLE
VALUE
FIFTEENTH THROUGH
NINETEENTH YEARS .25% OF TAXABLE VALUE
TWENTIETH THROUGH
TWENTY-FOURTH YEARS .20% OF TAXABLE VALUE
TWENTY-FIFTH YEAR AND
EACH LATER YEAR $ 3
(II) NOTWITHSTANDING THE SPECIFIC OWNERSHIP TAX SCHEDULE
SPECIFIED IN SUBSECTION (15)(e.5)(I) OF THIS SECTION, ON AND AFTER
JULY 1, 2018, THE ANNUAL SPECIFIC OWNERSHIP TAX PAYABLE ON AN
ITEM OF CLASS F PERSONAL PROPERTY IS THREE DOLLARS IF THE ITEM
WAS REGISTERED AS BEING IN ITS TENTH YEAR OR A LATER YEAR OF
SERVICE AS OF THE EFFECTIVE DATE OF THIS SUBSECTION (15)(e.5)(II)
AND HAS NOT, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
(15)(e.5)(II), BEEN NEWLY REGISTERED IN THE STATE AFTER PREVIOUSLY
BEING REGISTERED IN ANOTHER STATE OR A FOREIGN COUNTRY OR BEEN
SOLD OR TRANSFERRED.".
Renumber succeeding sections accordingly.
Page 7, after line 13 insert:
"SECTION 7. In Colorado Revised Statutes, 43-4-205, amend
(6.5)(a); and add (6.8) as follows:
43-4-205. Allocation of fund. (6.5) (a) The revenues REVENUE
accrued to and transferred to the highway users tax fund pursuant to
section 39-26-123 (4)(a) or 24-75-219, C.R.S., or appropriated to the
highway users tax fund pursuant to House Bill 02-1389, enacted during
the second regular session of the sixty-third general assembly, shall be
paid to the state highway fund for allocation to the department of
transportation and shall be expended as provided in section 43-4-206 (2);
(6.8) (a) SUBJECT TO THE LIMITATION SET FORTH IN SUBSECTION
(6.8)(b) OF THIS SECTION, SPECIFIC OWNERSHIP TAX REVENUE CREDITED
TO THE HIGHWAY USERS TAX FUND PURSUANT TO SECTION 42-3-107 (7.5)
IS ALLOCATED AS FOLLOWS:
(I) SUBJECT TO ANNUAL ALLOCATION BY THE TRANSPORTATION
COMMISSION PURSUANT TO SECTION 43-1-113 AND IN ACCORDANCE WITH
SECTION 43-4-705 (13)(b)(II), FOR ANY FISCAL YEAR FOR WHICH ONE OR
MORE PAYMENTS ARE DUE ON TRANSPORTATION REVENUE ANTICIPATION
NOTES ISSUED PURSUANT TO SECTION 43-4-705 (13)(b), THE FIRST
SEVENTY-FIVE MILLION DOLLARS OF THE SPECIFIC OWNERSHIP TAX
REVENUE IS INITIALLY PAID TO THE STATE HIGHWAY FUND AND USED, TO
THE EXTENT NECESSARY, FOR THE SOLE PURPOSE OF ENSURING THAT THE
PAYMENTS DUE ARE MADE IN FULL. ANY OF THE SPECIFIC OWNERSHIP TAX
REVENUE NOT USED TO MAKE THE PAYMENTS MUST BE CREDITED BACK TO
THE HIGHWAY USERS TAX FUND AND ALLOCATED TO THE STATE HIGHWAY
FUND, COUNTIES, AND MUNICIPALITIES FOR EXPENDITURE IN ACCORDANCE
WITH THE FORMULA SPECIFIED IN SUBSECTION (6)(b) OF THIS SECTION.
(II) ANY SPECIFIC OWNERSHIP TAX REVENUE THAT IS NOT PAID TO
THE STATE HIGHWAY FUND FOR THE PURPOSE OF MAKING
TRANSPORTATION REVENUE ANTICIPATION NOTE PAYMENTS PURSUANT TO
SUBSECTION (6.8)(a)(I) OF THIS SECTION IS ALLOCATED TO THE STATE
HIGHWAY FUND, COUNTIES, AND MUNICIPALITIES FOR EXPENDITURE IN
ACCORDANCE WITH THE FORMULA SPECIFIED IN SUBSECTION (6)(b) OF
THIS SECTION.
(b) SPECIFIC OWNERSHIP TAX REVENUE THAT IS ALLOCATED
PURSUANT TO SUBSECTION (6.8)(a) OF THIS SECTION SHALL NOT BE USED
TO FUND ANY TOLL HIGHWAY PROJECT.".
Renumber succeeding sections accordingly.
Page 7, line 23, after "REVENUE" insert "TRANSFERRED TO THE HIGHWAY
USERS TAX FUND PURSUANT TO SECTION 24-75-219 AND PAID TO THE
STATE HIGHWAY FUND PURSUANT TO SECTION 43-4-205 (6.5)(a) OR".
Page 8, line 5, after "REVENUE" insert "TRANSFERRED TO THE HIGHWAY
USERS TAX FUND PURSUANT TO SECTION 24-75-219 AND PAID TO THE
STATE HIGHWAY FUND PURSUANT TO SECTION 43-4-205 (6.5)(a) OR".
Page 8, after line 24 insert:
"SECTION 9. In Colorado Revised Statutes, 43-4-207, amend
(1), (2) introductory portion, and (2)(b) introductory portion as follows:
43-4-207. County allocation. (1) After paying the costs of the
Colorado state patrol and such ANY other costs of the department,
exclusive of highway construction, highway improvements, or highway
maintenance, as THAT are appropriated by the general assembly,
twenty-six percent of the balance of the highway users tax fund THE
REVENUE REQUIRED BY SECTION 43-4-205 TO BE ALLOCATED FROM THE
HIGHWAY USERS TAX FUND TO COUNTIES shall be paid to the county
treasurers of the respective counties, subject to annual appropriation by
the general assembly, and shall be allocated and expended as provided in
this section. The moneys thus MONEY received PURSUANT TO SECTION
43-4-205 (6.8) SHALL BE ALLOCATED TO COUNTIES AS PROVIDED BY LAW
AND SHALL BE EXPENDED FOR ANY TRANSPORTATION-RELATED PURPOSE
AND ALL OTHER MONEY RECEIVED shall be allocated to the counties as
provided by law and shall be expended by the counties only on the
construction, engineering, reconstruction, maintenance, repair,
equipment, improvement, and administration of the county highway
systems and any other public highways, including any state highways,
together with acquisition of rights-of-way and access rights for the same,
for the planning, designing, engineering, acquisition, installation,
construction, repair, reconstruction, maintenance, operation, or
administration of transit-related projects, including, but not limited to,
designated bicycle or pedestrian lanes of highway and infrastructure
needed to integrate different transportation modes within a multimodal
transportation system, and for no other purpose; except that a county may
expend no more than fifteen percent of the total amount expended under
this subsection (1) for transit-related operational purposes and except that
moneys MONEY received pursuant to section 43-4-205 (6.3) shall be
expended by the counties only for road safety projects, as defined in
section 43-4-803 (21). The amount to be expended for administrative
purposes shall not exceed five percent of each county's share of the funds
available.
(2) For the fiscal year commencing July 1, 1989, and each fiscal
year thereafter, for the purpose of allocating moneys MONEY in the
highway users tax fund to the various counties throughout the state, the
following method is hereby adopted:
(b) All moneys MONEY credited to the fund in excess of eighty-six
million seven hundred thousand dollars shall be AND ALL MONEY
CREDITED TO THE FUND PURSUANT TO SECTION 43-4-205 (6.8) THAT IS
REQUIRED BY SUBSECTION (1) OF THIS SECTION TO BE PAID TO THE
TREASURERS OF THE RESPECTIVE COUNTIES IS allocated to the counties in
the following manner:
SECTION 10. In Colorado Revised Statutes, 43-4-208, amend
(1), (2) introductory portion, (2)(a), and (6)(a) as follows:
43-4-208. Municipal allocation. (1) After paying the costs of
the Colorado state patrol and such ANY other costs of the department,
exclusive of highway construction, highway improvements, or highway
maintenance, as THAT are appropriated by the general assembly, and
making allocation as provided by sections 43-4-206 and 43-4-207, the
remaining nine percent of the highway users tax fund THE REVENUE
REQUIRED BY SECTION 43-4-205 TO BE ALLOCATED FROM THE HIGHWAY
USERS TAX FUND TO MUNICIPALITIES shall be paid to the cities and
incorporated towns within the limits of the respective counties, subject
to annual appropriation by the general assembly, and shall be allocated
and expended as provided in this section. Each city treasurer shall
account for the moneys thus MONEY received as provided in this part 2.
Moneys MONEY RECEIVED PURSUANT TO SECTION 43-4-205 (6.8) AND SO
ALLOCATED SHALL BE EXPENDED FOR ANY TRANSPORTATION-RELATED
PURPOSE AND ALL OTHER MONEY RECEIVED AND so allocated shall be
expended by the cities and incorporated towns for the construction,
engineering, reconstruction, maintenance, repair, equipment,
improvement, and administration of the system of streets of such city or
incorporated town or of any public highways located within such city or
incorporated town, including any state highways, together with the
acquisition of rights-of-way and access rights for the same, and for the
planning, designing, engineering, acquisition, installation, construction,
repair, reconstruction, maintenance, operation, or administration of
transit-related projects, including, but not limited to, designated bicycle
or pedestrian lanes of highway and infrastructure needed to integrate
different transportation modes within a multimodal transportation system,
and for no other purpose; except that a city or an incorporated town may
expend no more than fifteen percent of the total amount expended under
this subsection (1) for transit-related operational purposes and except that
moneys MONEY paid to the cities and incorporated towns pursuant to
section 43-4-205 (6.3) shall be expended by the cities and incorporated
towns only for road safety projects, as defined in section 43-4-803 (21).
The amount to be expended for administrative purposes shall not exceed
five percent of each city's share of the funds available.
(2) For the purpose of allocating moneys MONEY in the highway
users tax fund to the various cities and incorporated towns throughout the
state, the following method is adopted:
(a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (6) OF THIS
SECTION, eighty percent shall be allocated to the cities and incorporated
towns in proportion to the adjusted urban motor vehicle registration in
each city and incorporated town. The term "urban motor vehicle
registration" includes all passenger, truck, truck-tractor, and motorcycle
registrations. The number of registrations used in computing the
percentage shall be those certified to the state treasurer by the department
of revenue as constituting the urban motor vehicle registration for the last
preceding year. The adjusted registration shall be computed by applying
a factor to the actual number of such registrations to reflect the increased
standards and costs of construction resulting from the concentration of
vehicles in cities and incorporated places. For this purpose the following
table of actual registration numbers and factors shall be employed:
Actual registrations Factor
1 -- 500 1.0
501 -- 1,250 1.1
1,251 -- 2,500 1.2
2,501 -- 5,000 1.3
5,001 -- 12,500 1.4
12,501 -- 25,000 1.5
25,001 -- 50,000 1.6
50,001 -- 85,000 1.7
85,001 -- 130,000 1.8
130,001 -- 185,000 1.9
185,001 and over 2.0
(6) (a) In addition to the provisions of subsection (2)(a) of this
section, on or after July 1, 1979, eighty percent of all additional funds
MONEY becoming available to cities and incorporated towns from the
highway users tax fund pursuant to sections 24-75-215 C.R.S., and
43-4-205 (6)(b)(III) AND, ON AND AFTER JANUARY 1, 2018, EIGHTY
PERCENT OF THE MONEY CREDITED TO THE HIGHWAY USERS TAX FUND AS
REQUIRED BY SECTION 43-4-205 (6.8) THAT IS REQUIRED BY SUBSECTION
(1) OF THIS SECTION TO BE PAID TO THE CITIES AND INCORPORATED TOWNS
WITHIN THE LIMITS OF THE RESPECTIVE COUNTIES shall be allocated to the
cities and incorporated towns in proportion to the adjusted urban motor
vehicle registration in each city and incorporated town. The term "urban
motor vehicle registration", as used in this section, includes all passenger,
truck, truck-tractor, and motorcycle registrations. The number of
registrations used in computing the percentage shall be those certified to
the state treasurer by the department of revenue as constituting the urban
motor vehicle registration for the last preceding year. The adjusted
registration shall be computed by applying a factor to the actual number
of such registrations to reflect the increased standards and costs of
construction resulting from the concentration of vehicles in cities and
incorporated places. For this purpose the following table of actual
registration numbers and factors shall be employed:
Actual registrations Factor
1 -- 500 1.0
501 -- 1,250 1.1
1,251 -- 2,500 1.2
2,501 -- 5,000 1.3
5,001 -- 12,500 1.4
12,501 -- 25,000 1.5
25,001 -- 50,000 1.6
50,001 -- 85,000 1.7
85,001 -- 125,000 1.8
125,001 -- 165,000 1.9
165,001 -- 205,000 2.0
205,001 -- 245,000 2.1
245,001 -- 285,000 2.2
285,001 -- 325,000 2.3
325,001 -- 365,000 2.4
365,001 -- 405,000 2.5
405,001 -- 445,000 2.6
445,001 -- 485,000 2.7
485,001 -- 525,000 2.8
525,001 -- 565,000 2.9
565,001 -- 605,000 3.0".
Renumber succeeding sections accordingly.
Page 9, line 12, strike "THREE AND ONE-HALF" and substitute "FOUR".
Page 9, line 13 and 14, strike "FIVE AND ONE-HALF BILLION" and
substitute "SIX BILLION THREE HUNDRED MILLION".
Page 10, strike lines 1 and 2 and substitute "BE SUFFICIENT, TOGETHER
WITH SPECIFIC OWNERSHIP TAX REVENUE MADE AVAILABLE FOR NOTE
PAYMENTS PURSUANT TO SECTION 43-4-205 (6.8) AND AMOUNTS
ALLOCATED FROM THE STATE HIGHWAY FUND FOR PAYMENT OF".
Page 10, line 3, strike "39-26-123 (3.2)," and substitute "39-26-123 (3.2)
AND 43-4-206 (2)(a),".
Page 10, line 5, strike "(III) THE" and substitute "(III) (A) EXCEPT AS
OTHERWISE PROVIDED IN SUBSECTION (13)(b)(III)(B) OF THIS SECTION,
THE".
Page 10, strike lines 8 and 9.
Page 10, line 10, strike "COST OF $5,500,000,000," and substitute "ISSUE:
"SHALL STATE TAXES BE INCREASED _____ DOLLARS BY MODIFICATION
OF THE RATES OF SPECIFIC OWNERSHIP TAX IMPOSED ON PERSONAL
PROPERTY, INCLUDING MOTOR VEHICLES, COMMERCIAL TRAILERS, AND
SPECIAL MOBILE MACHINERY THAT IS AT LEAST TEN YEARS BUT LESS
THAN TWENTY-FIVE YEARS OLD, SHALL STATE OF COLORADO DEBT BE
INCREASED UP TO $4,000,000,000, WITH A MAXIMUM REPAYMENT COST
OF $6,300,000,000,".
Page 10, line 15, strike "NOTE".
Page 10, strike lines 16 and 17 and substitute "THE STATE BE ALLOWED
TO COLLECT, RETAIN, AND SPEND ALL TAX REVENUE GENERATED BY THE
SPECIFIC OWNERSHIP TAX RATE MODIFICATIONS, NOTE PROCEEDS, AND
INVESTMENT EARNINGS AS VOTER-APPROVED REVENUE CHANGES
NOTWITHSTANDING ANY LIMITATIONS PROVIDED BY LAW?"
(B) IN ORDER TO PROVIDE THE VOTERS OF THE STATE WITH THE
MOST CURRENT ESTIMATE OF THE FISCAL IMPACT OF THE STATE TAX
INCREASE DESCRIBED IN THE BALLOT ISSUE SUBMITTED FOR THEIR
CONSIDERATION PURSUANT TO SUBSECTION (13)(b)(III)(A) OF THIS
SECTION AND TO AVOID ANY VOTER CONFUSION THAT COULD RESULT
FROM A DIFFERENCE BETWEEN THE AMOUNT OF THE TAX INCREASE
SPECIFIED IN THE BALLOT ISSUE AND THE UPDATED ESTIMATE OF THE
FISCAL IMPACT OF THE STATE TAX INCREASE PROVIDED IN THE BALLOT
INFORMATION BOOKLET PREPARED PURSUANT TO SECTION 1-40-124.5 BY
THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL AS REQUIRED
BY SECTION 1-40-124.5 (1.5), THE SECRETARY OF STATE, BEFORE
FINALIZING THE BALLOT FOR THE 2017 STATEWIDE ELECTION, SHALL
UPDATE THE AMOUNT OF THE TAX INCREASE SPECIFIED IN THE BALLOT
ISSUE TO MATCH THE UPDATED ESTIMATE PROVIDED IN THE BALLOT
INFORMATION BOOKLET. THE DIRECTOR OF RESEARCH OF THE
LEGISLATIVE COUNCIL SHALL PROVIDE THE UPDATED ESTIMATE TO THE
SECRETARY OF STATE AS SOON AS IT IS APPROVED FOR INCLUSION IN THE
BALLOT INFORMATION BOOKLET.".
Page 12, line 13, strike "MANAGED" and substitute "ADDITIONAL".
Page 12, line 20, strike "TOLLED EXPRESS LANES".
Page 12, strike line 21.
Page 12, line 22, strike "END AT" and substitute "ADDITION OF LANES
FROM".
Page 17, line 8, strike "OR194.5." and substitute "OR 194.5.".
Page 21, line 11, strike "TOLLED EXPRESS".
Page 25, line 3, strike "6" and substitute "8".
Page 25, after line 3 insert:
"(3) Sections 5, 9, and 10 of this act and section 43-4-205 (6.8),
as enacted in section 7 of this act, take effect only if, at the November
2017 statewide election, a majority of voters approve the ballot issue
submitted pursuant to section 43-4-705 (13)(b), Colorado Revised
Statutes, as enacted in section 11 of this act, and, in such case, sections
5, 9, and 10 of this act and section 43-4-205 (6.8), as enacted in section
7 of this act, take effect on the date of the official declaration of the vote
thereon by the governor.".
Page 1, strike line 101 and substitute "CONCERNING AN INCREASE IN
TRANSPORTATION FUNDING WITHOUT INCREASING THE STATE SALES
AND USE TAX RATE WITH SUCH FUNDING BEING USED PRIMARILY TO
REPAY TRANSPORTATION REVENUE ANTICIPATION NOTES ISSUED TO
ACCELERATE THE CONSTRUCTION OF CRITICAL STATE HIGHWAY AND
BRIDGE IMPROVEMENTS ACROSS THE STATE AND WITH FUNDS NOT
NEEDED FOR BOND PAYMENTS BEING PAID TO THE STATE HIGHWAY
FUND FOR HIGHWAY PURPOSES OR HIGHWAY-RELATED CAPITAL
IMPROVEMENTS.".
Senate Journal, May 5
After consideration on the merits, the Committee recommends that SB17-303 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 24, after line 27 insert:
"SECTION 13. Appropriation. For the 2017-18 state fiscal
year, $5,000 is appropriated to the department of revenue. This
appropriation is from the general fund. To implement this act, the divison
may use this appropriation for tax administration IT system (GenTax)
support.".
Renumber succeeding sections accordingly.
Amend the Senate Finance Committee Report, dated May 2, 2017, page
16, strike line 14 and substitute "IMPROVEMENTS, AND, IN CONNECTION
THEREWITH, MAKING AN APPROPRIATION.".".
Appro-
priations
Senate Journal, May 9
SB17-303 by Senator(s) Neville T. and Cooke, Gardner, Holbert, Marble, Priola, Scott, Smallwood,
Tate; also Representative(s) Neville P. and Wist, Buck, Carver, Everett, Humphrey,
Leonard, McKean, Navarro, Nordberg, Ransom, Saine, Van Winkle, Wilson--Concerning
the funding of the state highway system.
Senator Zenzinger moved to amend the Report of the Committee of the Whole to show
that the following Zenzinger floor amendment, (L.017) to SB17-303, did pass.
Amend the Finance Committee Report, dated May 2, 2017, page 2, strike
lines 8 through 37.
Strike pages 3 through 9.
Page 10, strike lines 1 through 7.
Page 10, strike lines 14 through 36.
Strike pages 11 through 14.
Page 15, strike lines 1 through 20.
Page 15, strike lines 28 through 32.
Page 16, strike lines 1 through 5.
Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
YES 17 NO 18 EXCUSED 0 ABSENT 0
Aguilar Y Garcia Y Kerr Y Scott N
Baumgardner N Gardner N Lambert N Smallwood N
Cooke N Guzman Y Lundberg N Sonnenberg N
Coram N Hill N Marble N Tate N
Court Y Holbert N Martinez Humenik N Todd Y
Crowder N Jahn Y Merrifield Y Williams A. Y
Donovan Y Jones Y Moreno Y Zenzinger Y
Fenberg Y Kagan Y Neville T. N President N
Fields Y Kefalas Y Priola N