SENATE
                       3rd Reading Unamended
                   April 24, 2015      SENATE
                Amended 2nd Reading
                      April 23, 2015First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 15-0903.01 Ed DeCecco x4216     SENATE BILL 15-222
                   SENATE SPONSORSHIP
 Scheffel,  Crowder, Hodge, Holbert
 
                    HOUSE SPONSORSHIP
 Williams,  Lawrence, Mitsch Bush, Pabon
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Finance
 
 
 
 Appropriations
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning an increase in the annual limit on the total state
            sales and use tax refunds for tangible personal
            property used in rural broadband service.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Under current law, a broadband provider is allowed to claim a
       refund for all of the state sales and use tax the provider pays for tangible
       personal property that is installed in a target area for the provision of
       broadband service. A target area is the unincorporated part of a county or
       a municipality with a population of less than 30,000 people. The total for
       all refunds allowed for a calendar year is $1 million.
            Beginning with the 2015 calendar year, the bill increases the yearly
       refund limit to $10 million.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 39-26-129, amend
       (5) as follows:
            39-26-129.  Refund for property used in rural broadband
       service - legislative declaration - definitions. (5) (a)   The total amount
       of the refunds made under this section may not exceed one million dollars
       the amount specified in paragraph (b) of this subsection (5) for a
       calendar year. The department of revenue shall not pay a refund for a
       calendar year until after the application deadline set forth in subsection
       (4) of this section has passed. If the total amount of approved refunds
       exceeds one million dollars the maximum allowable amount for the
       calendar year, the department shall prorate the refunds made to all
       taxpayers.
            (b)  The total amount of the refunds permitted under this
       section may not exceed:
            (I)  One million dollars for the calendar year commencing
       January 1, 2014;
            (II)  Two million five hundred thousand dollars for the
       calendar year commencing January 1, 2015;
            (III)  Four million dollars for the calendar year
       commencing January 1, 2016; and
            (IV)  Five million dollars for the calendar year
       commencing January 1, 2017, and each calendar year thereafter.
            SECTION 2.  Act subject to petition - effective date -
       applicability. (1)  This act takes effect at 12:01 a.m. on the day following
       the expiration of the ninety-day period after final adjournment of the
       general assembly (August 5, 2015, if adjournment sine die is on May 6,
       2015); except that, if a referendum petition is filed pursuant to section 1
       (3) of article V of the state constitution against this act or an item, section,
       or part of this act within such period, then the act, item, section, or part
       will not take effect unless approved by the people at the general election
       to be held in November 2016 and, in such case, will take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  This act applies to refunds for tangible personal property that
       is purchased and installed in a target area for the provision of broadband
       service on or after January 1, 2015.