Amendments for SB24-230
Senate Journal, May 2
After consideration on the merits, the Committee recommends that SB24-230 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 10, line 17, strike "OR".
Page 10, line 18, strike "COUNTIES." and substitute "COUNTIES, OR NONPROFIT
ORGANIZATION THAT PROVIDES PUBLIC TRANSIT.".
Page 46, strike lines 18 and 19.
Page 48, strike lines 9 and 10.
Page 48, after line 16 insert:
"SECTION 13. In Colorado Revised Statutes, add 24-77-109 as
follows:
24-77-109. Definition of fee - scope - definitions - repeal. (1) IF A
CONSTITUTIONAL AMENDMENT IS ADOPTED AT THE 2024 STATEWIDE GENERAL
ELECTION THAT AMENDS SECTION 20 OF ARTICLE X OF THE COLORADO
CONSTITUTION TO DEFINE THE TERM "FEE", THE FOLLOWING PROVISIONS APPLY:
(a) THE CONSTITUTIONAL AMENDMENT DESCRIBED IN SUBSECTION (1)
OF THIS SECTION APPLIES TO FEES INCREASED ONLY BY:
(I) LEGISLATION ENACTED BY THE GENERAL ASSEMBLY ON OR AFTER
THE EFFECTIVE DATE OF THE CONSTITUTIONAL AMENDMENT;
(II) RULES OF THE APPLICABLE RULE-MAKING AUTHORITY ON OR AFTER
THE EFFECTIVE DATE OF THE CONSTITUTIONAL AMENDMENT; AND
(III) FORMAL APPROVAL OR ENACTMENT BY A GOVERNING BOARD WITH
LEGAL AUTHORITY TO ASSESS AND RAISE FEES ON OR AFTER THE EFFECTIVE
DATE OF THE CONSTITUTIONAL AMENDMENT.
(b) IF A FEE EXISTS IN STATE LAW OR RULES BEFORE THE EFFECTIVE
DATE OF THE CONSTITUTIONAL AMENDMENT AND IS SUBJECT TO A TIMEFRAME,
SCHEDULE, ADJUSTMENT, OR MATHEMATICAL FORMULA WITH PREDETERMINED
OBJECTIVE COMPONENTS FOR INCREASING THE FEE, ANY INCREASE TO THE FEE
AMOUNT DOES NOT CONSTITUTE AN INCREASE FOR THE PURPOSE OF THE
CONSTITUTIONAL AMENDMENT DESCRIBED IN SUBSECTION (1) OF THIS SECTION.
(c) THE CONSTITUTIONAL AMENDMENT DESCRIBED IN SUBSECTION (1)
OF THIS SECTION DOES NOT APPLY TO FEES ESTABLISHED BEFORE THE EFFECTIVE
DATE OF THE CONSTITUTIONAL AMENDMENT. A FEE IS ESTABLISHED BEFORE THE
EFFECTIVE DATE OF THE CONSTITUTIONAL AMENDMENT IF, REGARDLESS OF
WHEN THE FEE BEGINS TO BE CHARGED OR OTHERWISE ASSESSED, THE FEE IS
CREATED BY LEGISLATION OR RULES ENACTED OR ADOPTED BEFORE THE
EFFECTIVE DATE OF THE CONSTITUTIONAL AMENDMENT OR THE FEE IS CREATED
BY A CITIZEN-INITIATED MEASURE THAT TAKES EFFECT BEFORE THE EFFECTIVE
DATE OF THE CONSTITUTIONAL AMENDMENT.
(d) AS USED IN THE CONSTITUTIONAL AMENDMENT DESCRIBED IN THIS
SUBSECTION (1) AND AS USED IN THIS SUBSECTION (1):
(I) "COSTS INCURRED BY THE GOVERNMENT IN PROVIDING SAID SPECIFIC
BENEFIT" MEANS ALL DIRECT AND INDIRECT COSTS A GOVERNMENTAL ENTITY
INCURS TO PROVIDE A SPECIFIC BENEFIT, INCLUDING ADMINISTRATIVE EXPENSES,
SALARIES AND WAGES, COSTS OF MATERIALS, RENTALS OF REAL AND PERSONAL
PROPERTY, OVERHEAD, PAYMENTS TO CONTRACTORS, AND ANY OTHER COSTS
INCURRED TO PROVIDE THE SPECIFIC BENEFIT.
(II) (A) "FAIR SHARE" MEANS THE TOTAL ANTICIPATED COSTS INCURRED
BY THE GOVERNMENT IN PROVIDING A SPECIFIC BENEFIT DURING THE STATE
FISCAL YEAR DIVIDED BY THE ANTICIPATED NUMBER OF PAYERS OF THE FEE
DURING THE STATE FISCAL YEAR.
(B) "FAIR SHARE" DOES NOT MEAN A MATHEMATICAL CERTAINTY OR
APPROXIMATION OF THE PAYER'S TOTAL BENEFIT IN COMPARISON TO THE TOTAL
PAYERS THAT REMIT THE FEE.
(III) "SPECIFIC BENEFIT" MEANS A SERVICE, ITEM, OR OTHER TYPE OF
DIRECT OR INDIRECT BENEFIT CONFERRED ON THE PAYER OF THE FEE, WHICH
MAY INCLUDE BENEFITS REALIZED THROUGH INVESTMENTS IN PUBLIC
PRIORITIES, NEEDS, INTERESTS, PROGRAMS, INFRASTRUCTURE, AND SERVICES,
REGARDLESS OF WHETHER THE SPECIFIC BENEFIT IS DIRECTLY USED BY THE
PAYER, WHETHER THE PAYER CHOOSES TO AVAIL THEMSELF OF THE SPECIFIC
BENEFIT, AND WHETHER THE SPECIFIC BENEFITS ARE MADE AVAILABLE TO
PERSONS THAT DO NOT PAY THE FEE.
(IV) "VOLUNTARILY INCURRED" MEANS A PAYER IS NOT FORMALLY
COMPELLED, REQUIRED, OR MANDATED TO PAY A FEE AND HAS THE ABILITY TO
REFUSE, TAKE ACTION, OR OPT TO TAKE NO ACTION TO AVOID INCURRING THE
FEE. A PAYER'S ACTUAL ABILITY TO REFUSE SERVICES OR OPT NOT TO PURCHASE
PROPERTY THAT IS CONNECTED WITH A FEE IS EVIDENCE THAT A FEE IS
VOLUNTARILY INCURRED.
(2) AS USED IN THIS SECTION, "FEE" MEANS ANY FEE CHARGED FOR
REMEDIATION SERVICES THAT POSITIVELY IMPACT THE ENVIRONMENT, SUCH AS
THE PRODUCTION FEE FOR CLEAN TRANSIT IMPOSED PURSUANT TO SECTION
43-4-1204, THE PRODUCTION FEE FOR WILDLIFE AND LAND REMEDIATION
IMPOSED PURSUANT TO SECTION 33-61-103, AND THE CONGESTION IMPACT FEE
IMPOSED PURSUANT TO SECTION 43-4-806 (7.6).
(3) IF A CONSTITUTIONAL AMENDMENT THAT AMENDS SECTION 20 OF
ARTICLE X OF THE COLORADO CONSTITUTION TO DEFINE THE TERM "FEE" IS NOT
ADOPTED AT THE 2024 STATEWIDE GENERAL ELECTION, THIS SECTION IS
REPEALED, EFFECTIVE JUNE 30, 2025.
SECTION 14. In Colorado Revised Statutes, add 24-77-109 as
follows:
24-77-109. Definition of fee - scope - definitions - repeal. (1) IF A
CONSTITUTIONAL AMENDMENT IS ADOPTED AT THE 2024 STATEWIDE GENERAL
ELECTION THAT AMENDS SECTION 20 OF ARTICLE X OF THE COLORADO
CONSTITUTION TO DEFINE THE TERM "FEE", THE FOLLOWING PROVISIONS APPLY:
(a) THE CONSTITUTIONAL AMENDMENT DESCRIBED IN SUBSECTION (1)
OF THIS SECTION APPLIES TO FEES INCREASED ONLY BY:
(I) LEGISLATION ENACTED BY THE GENERAL ASSEMBLY ON OR AFTER
THE EFFECTIVE DATE OF THE CONSTITUTIONAL AMENDMENT;
(II) RULES OF THE APPLICABLE RULE-MAKING AUTHORITY ON OR AFTER
THE EFFECTIVE DATE OF THE CONSTITUTIONAL AMENDMENT; AND
(III) FORMAL APPROVAL OR ENACTMENT BY A GOVERNING BOARD WITH
LEGAL AUTHORITY TO ASSESS AND RAISE FEES ON OR AFTER THE EFFECTIVE
DATE OF THE CONSTITUTIONAL AMENDMENT.
(b) IF A FEE EXISTS IN STATE LAW OR RULES BEFORE THE EFFECTIVE
DATE OF THE CONSTITUTIONAL AMENDMENT AND IS SUBJECT TO A TIMEFRAME,
SCHEDULE, ADJUSTMENT, OR MATHEMATICAL FORMULA WITH PREDETERMINED
OBJECTIVE COMPONENTS FOR INCREASING THE FEE, ANY INCREASE TO THE FEE
AMOUNT DOES NOT CONSTITUTE AN INCREASE FOR THE PURPOSE OF THE
CONSTITUTIONAL AMENDMENT DESCRIBED IN SUBSECTION (1) OF THIS SECTION.
(c) THE CONSTITUTIONAL AMENDMENT DESCRIBED IN SUBSECTION (1)
OF THIS SECTION DOES NOT APPLY TO FEES ESTABLISHED BEFORE THE EFFECTIVE
DATE OF THE CONSTITUTIONAL AMENDMENT. A FEE IS ESTABLISHED BEFORE THE
EFFECTIVE DATE OF THE CONSTITUTIONAL AMENDMENT IF, REGARDLESS OF
WHEN THE FEE BEGINS TO BE CHARGED OR OTHERWISE ASSESSED, THE FEE IS
CREATED BY LEGISLATION OR RULES ENACTED OR ADOPTED BEFORE THE
EFFECTIVE DATE OF THE CONSTITUTIONAL AMENDMENT OR THE FEE IS CREATED
BY A CITIZEN-INITIATED MEASURE THAT TAKES EFFECT BEFORE THE EFFECTIVE
DATE OF THE CONSTITUTIONAL AMENDMENT.
(d) AS USED IN THE CONSTITUTIONAL AMENDMENT DESCRIBED IN THIS
SUBSECTION (1) AND AS USED IN THIS SUBSECTION (1):
(I) "COSTS INCURRED BY THE GOVERNMENT IN PROVIDING SAID SPECIFIC
BENEFIT" MEANS ALL DIRECT AND INDIRECT COSTS A GOVERNMENTAL ENTITY
INCURS TO PROVIDE A SPECIFIC BENEFIT, INCLUDING ADMINISTRATIVE EXPENSES,
SALARIES AND WAGES, COSTS OF MATERIALS, RENTALS OF REAL AND PERSONAL
PROPERTY, OVERHEAD, PAYMENTS TO CONTRACTORS, AND ANY OTHER COSTS
INCURRED TO PROVIDE THE SPECIFIC BENEFIT.
(II) (A) "FAIR SHARE" MEANS THE TOTAL ANTICIPATED COSTS INCURRED
BY THE GOVERNMENT IN PROVIDING A SPECIFIC BENEFIT DURING THE STATE
FISCAL YEAR DIVIDED BY THE ANTICIPATED NUMBER OF PAYERS OF THE FEE
DURING THE STATE FISCAL YEAR.
(B) "FAIR SHARE" DOES NOT MEAN A MATHEMATICAL CERTAINTY OR
APPROXIMATION OF THE PAYER'S TOTAL BENEFIT IN COMPARISON TO THE TOTAL
PAYERS THAT REMIT THE FEE.
(III) "SPECIFIC BENEFIT" MEANS A SERVICE, ITEM, OR OTHER TYPE OF
DIRECT OR INDIRECT BENEFIT CONFERRED ON THE PAYER OF THE FEE, WHICH
MAY INCLUDE BENEFITS REALIZED THROUGH INVESTMENTS IN PUBLIC
PRIORITIES, NEEDS, INTERESTS, PROGRAMS, INFRASTRUCTURE, AND SERVICES,
REGARDLESS OF WHETHER THE SPECIFIC BENEFIT IS DIRECTLY USED BY THE
PAYER, WHETHER THE PAYER CHOOSES TO AVAIL THEMSELF OF THE SPECIFIC
BENEFIT, AND WHETHER THE SPECIFIC BENEFITS ARE MADE AVAILABLE TO
PERSONS THAT DO NOT PAY THE FEE.
(IV) "VOLUNTARILY INCURRED" MEANS A PAYER IS NOT FORMALLY
COMPELLED, REQUIRED, OR MANDATED TO PAY A FEE AND HAS THE ABILITY TO
REFUSE, TAKE ACTION, OR OPT TO TAKE NO ACTION TO AVOID INCURRING THE
FEE. A PAYER'S ACTUAL ABILITY TO REFUSE SERVICES OR OPT NOT TO PURCHASE
PROPERTY THAT IS CONNECTED WITH A FEE IS EVIDENCE THAT A FEE IS
VOLUNTARILY INCURRED.
(2) AS USED IN THIS SECTION, "FEE" MEANS ANY FEE CHARGED FOR
REMEDIATION SERVICES THAT POSITIVELY IMPACT THE ENVIRONMENT, SUCH AS
THE PRODUCTION FEE FOR CLEAN TRANSIT IMPOSED PURSUANT TO SECTION
43-4-1204 AND THE PRODUCTION FEE FOR WILDLIFE AND LAND REMEDIATION
IMPOSED PURSUANT TO SECTION 33-61-103.
(3) IF A CONSTITUTIONAL AMENDMENT THAT AMENDS SECTION 20 OF
ARTICLE X OF THE COLORADO CONSTITUTION TO DEFINE THE TERM "FEE" IS NOT
ADOPTED AT THE 2024 STATEWIDE GENERAL ELECTION, THIS SECTION IS
REPEALED, EFFECTIVE JUNE 30, 2025.".
Renumber succeeding sections accordingly.
Page 48, line 20, strike "Section 11 of this act takes effect" and substitute
"Sections 11 and 13 of this act take effect".
Page 48, line 21, strike "section 11 of this act takes effect" and substitute
"sections 11 and 13 of this act take effect".
Page 48, line 23, strike "Section 12 of this act takes effect" and substitute
"Sections 12 and 14 of this act take effect".
Page 48, line 24, strike "section 12 of this act takes effect" and substitute
"sections 12 and 14 of this act take effect".
Strike "APPROVAL," and substitute "APPROVAL REQUIRED BY THE
CONSTITUTIONAL AMENDMENT DESCRIBED IN THIS SUBSECTION (1)," on: Page
45, line 20; and Page 47, line 11.
After "BE" insert "ASSESSED AND" on: Page 45, line 24; and Page 47, line 15.
Strike "INFRASTRUCTURE" and substitute "ROADS, HIGHWAYS, BRIDGES, AND
ANY OTHER SURFACE TRANSPORTATION INFRASTRUCTURE ON WHICH MOTOR
VEHICLES OPERATE, INCLUDING INFRASTRUCTURE ON WHICH MOTOR VEHICLES
OPERATE" on: Page 46, line 10; and Page 48, line 1.
After "RIDERS;" insert "OR" on: Page 46, line 14; and Page 48, line 5.
Strike "EXPENSE PURPOSES; OR" and substitute "EXPENSES." on: Page 46, line
17; and Page 48, line 8.
Senate Journal, May 3
SB24-230 by Senator(s) Fenberg and Cutter, Buckner, Coleman, Exum, Hinrichsen, Jaquez Lewis,
Marchman, Michaelson Jenet, Priola, Winter F.; also Representative(s) McCluskie and
Velasco, Amabile, Bacon, Boesenecker, Brown, Clifford, deGruy Kennedy, Daugherty,
English, Froelich, Garcia, Hernandez, Herod, Jodeh, Joseph, Kipp, Lindsay, Lindstedt,
Marvin, McCormick, McLachlan, Ortiz, Ricks, Rutinel, Story, Titone, Valdez, Vigil,
Weissman, Willford, Woodrow--Concerning support for statewide remediation services
that positively impact the environment.
Amendment No. 1, Finance Committee Amendment.
(Printed in Senate Journal, May 2, page(s) 1289-1292 and placed in members' bill files.)
Amendment No. 2(L.004), by Senator Fenberg.
Amend printed bill, page 21, line 11, strike "EACH PLANNED SERVICE CHANGE"
and substitute "PLANNED SERVICE CHANGES".
Amend the Finance Committee Report, dated May 2, 2024, strike "SUBSECTION
(1) OF THIS SECTION" and substitute "THIS SUBSECTION (1)" on: Page 1, lines 14
and 15; Page 2, lines 6 and 7 and 8; and Page 3, lines 21 and 22, 36, and 37 and
38.
Amendment No. 3(L.009), by Senator Will.
Amend printed bill, page 29, strike line 7 and substitute "REINTRODUCTION,
EXCEPT FOR THE REINTRODUCTION OF GRIZZLY BEARS AND GRAY WOLVES THAT
NEGATIVELY IMPACT LIVESTOCK;".
Page 37, strike line 21 and substitute "REINTRODUCTION, EXCEPT FOR THE
REINTRODUCTION OF GRIZZLY BEARS AND GRAY WOLVES THAT NEGATIVELY
IMPACT LIVESTOCK;".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.