Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0629.02 Ed DeCecco x4216 HOUSE BILL 16-1138 HOUSE SPONSORSHIP Brown, Saine, Priola, Humphrey, Neville P., Van Winkle, Wilson, Nordberg, Landgraf, Becker J., Coram, Buck, Thurlow, Ransom, Carver, Joshi, Willett, Wist, Conti, Lawrence, Navarro, Roupe, Windholz SENATE SPONSORSHIP (None), House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning transfers from the general fund to cash funds for state infrastructure. 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, once a trigger based on economic growth occurs, the state treasurer is required to transfer a percentage of the total general fund revenues to the capital construction fund and the highway users tax fund (HUTF), which is further allocated to the state highway fund. The required transfers will be made for each state fiscal year in a 5-year period, but the amount of the transfers for a state fiscal year may be reduced or eliminated if the state has to refund excess state revenues under the taxpayer's bill of rights. In general, if the refund is greater than 1.5% but less than 3% of the total general fund revenues, then the required transfers are halved, and if it is greater than 3%, then the required transfers are eliminated altogether. For each state fiscal year that the required transfers are reduced or eliminated, section 1 of the bill adds on another year of transfers to the capital construction fund and the highway users tax fund. Therefore, there will be 5 fiscal years with the full statutory transfers to the funds, regardless of the number of fiscal years that it takes to do so. Section 2 specifies that the moneys in the state highway fund allocated from any of the statutorily required transfers to the HUTF may be used for general highway operations and maintenance. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 24-75-219, amend (2) (c) introductory portion and (2) (d); and add (2) (c.5) as follows: 24-75-219. Transfers - transportation - capital construction - definitions. (2) (c) Except as otherwise set forth in paragraph (e) of this subsection (2), for each state fiscal year from 2014-15 through the state fiscal year 2016-17 or a later fiscal year specified in paragraph (c.5) of this subsection (2), the state treasurer shall transfer from the general fund to the: (c.5) For each state fiscal year that the transfers to the funds are reduced by operation of subsection (4) of this section, the state treasurer is required to make transfers to the funds for an additional state fiscal year under paragraph (c) of this subsection (2). (d) For each state fiscal year after the last state fiscal year in which a transfer is required to be made pursuant to paragraph (c) of this subsection (2), the general assembly may appropriate or transfer, in its sole discretion, moneys from the general fund to the highway users tax fund, the capital construction fund, or both funds. SECTION 2. In Colorado Revised Statutes, 43-4-206, amend (2) (a) (I); and add (2) (a) (III) as follows: 43-4-206. State allocation - repeal. (2) (a) Notwithstanding the provisions of subsection (1) of this section, the revenues accrued to and transferred to the highway users tax fund pursuant to section 39-26-123 (4) (a) or 24-75-219, C.R.S., or appropriated to the highway users tax fund pursuant to House Bill 02-1389, enacted at the second regular session of the sixty-third general assembly, and credited to the state highway fund pursuant to section 43-4-205 (6.5) shall be expended by the department of transportation for the implementation of the strategic transportation project investment program in the following manner: (I) No more than ninety percent of such revenues shall be expended for highway purposes or highway-related capital improvements, including, but not limited to: (A) High occupancy vehicle lanes, park-and-ride facilities, and transportation management systems; and at least ten percent of such revenues shall be expended for transit purposes or for transit-related capital improvements. (B) The construction, reconstruction, repair, improvement, and maintenance of the state highway system and other public highways, including the acquisition of rights-of-way and access rights for the system and other highways. (III) At least ten percent of such revenues shall be expended for transit-related capital improvements. SECTION 3. Act subject to petition - effective date. 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 10, 2016, if adjournment sine die is on May 11, 2016); 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.