NOTE: This bill has been prepared for the signature of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. HOUSE BILL 09-1050 BY REPRESENTATIVE(S) Soper, Apuan, Green, Kerr A., Labuda, Ryden, Todd; also SENATOR(S) Tochtrop, Bacon, Carroll M., Foster, Gibbs, Groff, Heath, Hodge, Keller, Morse, Penry, Sandoval, Schwartz, Shaffer B., Spence, Tapia. Concerning the voluntary contribution designation benefiting the Colorado Easter Seals fund that appears on the state individual income tax return forms, and, in connection therewith, extending the period for the contribution designation and changing the name of the fund. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 39-22-3102, Colorado Revised Statutes, is amended to read: 39-22-3102. Voluntary contribution designation - procedure. For income tax years commencing on or after January 1, 2006 January 1, 2009, but prior to January 1, 2009 January 1, 2012, the Colorado state individual income tax return form shall contain a line whereby each individual taxpayer may designate the amount of the contribution, if any, the individual wishes to make to the Colorado Easter Seals Colorado disability fund created in section 39-22-3103. SECTION 2. 39-22-3103, Colorado Revised Statutes, is amended to read: 39-22-3103. Contributions credited to the Easter Seals Colorado disability fund - creation - appropriation. (1) The department of revenue shall determine annually the total amount designated pursuant to section 39-22-3102 and shall report that amount to the state treasurer and to the general assembly. The state treasurer shall credit that amount to the Colorado Easter Seals Colorado disability fund, which fund is hereby created in the state treasury. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. (2) The general assembly shall appropriate annually from the Colorado Easter Seals Colorado disability fund to the department of revenue its costs of administering moneys designated as contributions to the fund. All moneys remaining in the fund at the end of a fiscal year, after subtracting the appropriation to the department, shall be transferred to Easter Seals Colorado, a Colorado nonprofit organization. Easter Seals Colorado shall administer the moneys in furtherance of the work of Easter Seals statewide. SECTION 3. 39-22-3104, Colorado Revised Statutes, is amended to read: 39-22-3104. Repeal of part. This part 31 is repealed, effective January 1, 2010 January 1, 2013, unless the voluntary contribution to the Colorado Easter Seals Colorado disability fund established by section 39-22-3103 is continued or reestablished by the general assembly acting by bill prior to said date. SECTION 4. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, (August 4, 2009, if adjournment sine die is on May 6, 2009); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. ________________________________________________________ Terrance D. Carroll Peter C. Groff SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Karen Goldman CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ _________________________________________ Bill Ritter, Jr. GOVERNOR OF THE STATE OF COLORADO