NOTE: The governor signed this measure on 5/29/2015.
      
      
      HOUSE BILL 15-1372
      
      
      BY REPRESENTATIVE(S) Tyler and Becker J., Becker K., Fields,
      Hullinghorst;
      also SENATOR(S) Heath and Balmer.
      
      
      Concerning an increase in the cap placed on the annual fee each
           public utility pays to defray the administrative expenses of
           the agencies within the department of regulatory agencies
           that address public utility matters, and, in connection
           therewith, making an appropriation.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, amend 40-2-113 as
      follows:
      
           40-2-113.  Collection of fees - limitation. On or before June 15 of
      each year, the department of revenue shall notify each public utility subject
      to the provisions of this article of the amount of its fee for the ensuing
      fiscal year beginning July 1, computed by multiplying its gross intrastate
      utility operating revenues for the preceding calendar year, as set forth in its
      return filed for such that purpose, by the percentage determined in
      accordance with section 40-2-112; but no public utility shall be required
      the department of revenue shall not require a public utility that
      is a telephone corporation to pay a fee in excess of one-fifth of
      one percent of its gross intrastate utility operating revenues for
      the preceding calendar year and shall not require any other
      public utility to pay a fee in excess of one-fifth one-quarter of one
      percent of its gross intrastate utility operating revenues for the preceding
      calendar year. Such Each public utility shall pay the fee shall be paid
      assessed against it to the department of revenue in equal quarterly
      installments on or before July 15, October 15, January 15, and April 15 in
      each fiscal year. If a public utility does not make a payment is not
      made on or before said dates, there by one of the quarterly deadlines,
      the department of revenue shall be added as charge the public
      utility a penalty of ten percent of the installment due, together with
      interest at the rate of one percent per month on the amount of the unpaid
      installment until such time as the full amount of the installment, penalty,
      and interest has been paid. Upon failure, refusal, or neglect of any public
      utility to pay such the fee, or any penalty or interest, the attorney general
      shall bring suit in the name of the state to collect the same amount due.
      
           SECTION 2.  In Colorado Revised Statutes, amend 40-2-114 as
      follows:
      
           40-2-114.  Disposition of fees collected. All (1)  Three percent
      of the fees collected under section 40-2-113 by the department of revenue
      shall be remitted to the state treasurer and credited by him as follows: Three
      percent the state treasurer to the general fund. and For the
      remaining ninety-seven percent of the fees collected, the state
      treasurer shall credit:
      
           (a)  Fees paid by public utilities that are telephone
      corporations to the telecommunications utility fund, which fund
      is hereby created; and
      
           (b)  Fees paid by other public utilities to the public utilities
      commission fixed utility fund, which fund is hereby created. and
      
           (2)  Moneys in the funds created in subsection (1) of this
      section shall be expended only to defray the full amount determined by
      the general assembly for the administrative expenses of the commission for
      the supervision and regulation of the public utilities paying such the fees
      and for the financing of the office of consumer counsel created in article
      6.5 of this title. The state treasurer shall retain any unexpended
      balance remaining in said either fund at the end of any fiscal year shall be
      retained by the state treasurer to defray such the administrative expenses
      of the commission during subsequent fiscal years, and the executive
      director of the department of revenue shall take any such unexpended
      balance into account when computing the percentage upon which fees for
      the ensuing fiscal year shall will be based.
      
           SECTION 3.  Appropriation. For the 2014-15 state fiscal year,
      $22,260 is appropriated to the department of revenue for use by the
      information technology division. This appropriation is from the general
      fund. To implement this act, the division may use this appropriation for
      CITA annual maintenance and support.
      
           SECTION 4.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO