Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. R04-1114.02 Jason Gelender SCR04-021 SENATE SPONSORSHIP Grossman, and Groff HOUSE SPONSORSHIP (None), Senate Committees House Committees Business Affairs & Labor Appropriations SENATE CONCURRENT RESOLUTION 04-021 Submitting to the registered electors of the state of Colorado an amendment to article X of the constitution of the state of Colorado, concerning the imposition of an additional excise tax on alcohol beverages for the purpose of creating a permanent funding source for the Tony Grampsas youth services program, and, in connection therewith, excluding the net revenues of the excise tax and interest or income earned on the deposit and investment of said net revenues from fiscal year spending for purposes of section 20 of article X of the state constitution. Resolution Summary (Note: This summary applies to this resolution as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) On and after April 1, 2005, imposes an additional excise tax on alcohol beverages. Specifies varying rates for the additional excise tax as it applies to: malt liquors, fermented malt beverages, and hard cider; vinous liquors other than hard cider; and spiritous liquors. Requires net revenues of the additional excise tax to be credited to a newly created Tony Grampsas youth services program fund. Requires that interest or income earned on fund moneys and moneys remaining in the fund at the end of any fiscal year remain in the fund. For each state fiscal year that commences on or after July 1, 2005, requires the general assembly to appropriate from the fund an amount equal to the amount forecast to be credited to the fund during the fiscal year to fund the Tony Grampsas youth services program. Specifies that neither net revenues of the additional excise tax nor interest or income earned on the deposit and investment of moneys in the Tony Grampsas youth services program fund shall be included in fiscal year spending for purposes of section 20 of article X of the state constitution (TABOR). Be It Resolved by the Senate of the Sixty-fourth General Assembly of the State of Colorado, the House of Representatives concurring herein: SECTION 1. At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit: Article X of the constitution of the state of Colorado is amended BY THE ADDITION OF A NEW SECTION to read: Section 21. Additional liquor taxes - funding of Tony Grampsas youth services program. (1) On and after April 1, 2005, in addition to any other excise taxes imposed on alcohol beverages pursuant to law, an excise tax shall be imposed at the rate of two and four-tenths cents per gallon, or the same per unit volume tax applied to metric measure, on all malt liquors, fermented malt beverages, and hard cider, two and two-tenths cents per liter on all vinous liquors except hard cider, and eighteen cents per liter on all spiritous liquors. The excise tax shall be collected in the same manner as other excise taxes imposed on alcohol beverages, but the revenues generated by the excise tax shall be credited and used as specified in subsection (2) of this section. (2) Notwithstanding the provisions of paragraph (b) of section 2 of article XXIV of this constitution, all net revenues of the excise tax imposed by subsection (1) of this section shall be credited to the Tony Grampsas youth services program fund, which is hereby created in the state treasury. All interest or income earned on the deposit and investment of moneys in the fund shall be credited to the fund. Moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited to the state general fund or any other fund. For each state fiscal year that commences on or after July 1, 2005, the general assembly shall appropriate from the fund an amount equal to the amount forecast to be credited to the fund during the fiscal year to the department of public health and environment, prevention services division or any successor agency for the Tony Grampsas youth services program or any substantially similar successor program. (3) For purposes of section 20 of this article, neither net revenues of the excise tax imposed by subsection (1) of this section nor interest or income earned on the deposit and investment of moneys in the Tony Grampsas youth services program fund shall be included in fiscal year spending. SECTION 2. Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "Shall state taxes be increased _____ dollars annually through an amendment to article X of the constitution of the state of Colorado that imposes an additional excise tax on alcohol beverages for the purpose of creating a permanent funding source for the Tony Grampsas youth services program, and, in connection therewith, shall the net revenues of the excise tax and interest or income earned on the deposit and investment of said net revenues be excluded from fiscal year spending for purposes of section 20 of article X of the state constitution?" SECTION 3. The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.