Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. R10-0950.01 Ed DeCecco HCR10-1003 HOUSE SPONSORSHIP Curry, SENATE SPONSORSHIP Penry, House Committees Senate Committees Finance Appropriations HOUSE CONCURRENT RESOLUTION 10-1003 Submitting to the registered electors of the state of Colorado an amendment to article X of the constitution of the state of Colorado, concerning a state rainy day fund, and, in connection therewith, creating the state rainy day fund; beginning July 1, 2011, requiring twenty-five million dollars of severance tax revenues to be credited to the fund for each fiscal year in which total severance tax revenues are greater than fifty million dollars; and allowing the moneys in the fund to be used only during economic downturns and with a three-fifths majority vote of both houses of the general assembly. Resolution Summary (Note: This summary applies to this resolution as introduced and does not reflect any amendments that may be subsequently adopted. If this resolution passes third reading in the house of introduction, a resolution summary that applies to the reengrossed version of this resolution will be available at http://www.leg.state.co.us/billsummaries.) The resolution creates the state rainy day fund. Beginning July 1, 2011, if the total severance tax revenues collected in a state fiscal year are greater than $50 million, $25 million of such revenues will be credited to the fund. The fund will also include any other moneys required by law to be credited thereto. Moneys in the fund may be used for any purpose during economic downturns with a three-fifths majority vote of both houses of the general assembly. Be It Resolved by the House of Representatives of the Sixty-seventh General Assembly of the State of Colorado, the Senate 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 22. State rainy day fund - severance tax receipts - use. (1) The state rainy day fund is hereby created in the state treasury. Beginning on July 1, 2011, if the total gross receipts realized from the severance taxes imposed on minerals and mineral fuels during a state fiscal year are greater than fifty million dollars, twenty-five million dollars of such receipts shall be credited to the fund. The fund shall also include any other moneys required by law to be credited thereto. Interest and income earned on the deposit and investment of moneys in the fund shall be credited to the fund. All moneys, including any interest and income, shall remain in the fund unless appropriated or transferred from the fund pursuant to subsection (2) of this section. (2) During economic downturns, the general assembly may appropriate or transfer moneys from the state rainy day fund for any purpose by the enactment of a bill approved by a three-fifths majority vote of all the members elected to each house of the general assembly. 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 there be an amendment to article X of the constitution of the state of Colorado, concerning a state rainy day fund, and, in connection therewith, creating the state rainy day fund; beginning July 1, 2011, requiring twenty-five million dollars of severance tax revenues to be credited to the fund for each fiscal year in which total severance tax revenues are greater than fifty million dollars; and allowing the moneys in the fund to be used only during economic downturns and with a three-fifths majority vote of both houses of the general assembly?" 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.