HOUSE BILL 971052
BY REPRESENTATIVE Swenson;
also SENATOR Schroeder.
CONCERNING PROVISION OF DELINQUENT TAX INFORMATION
TO LENDING INSTITUTIONS, AND, IN CONNECTION THEREWITH, ESTABLISHING
THE TAX DELINQUENCY NOTIFICATION FUND, AND MAKING AN APPROPRIATION
IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State
SECTION 1. 3825.5101
(1), Colorado Revised Statutes, 1982 Repl. Vol., as amended, is
amended to read:
As used in this article, unless the context otherwise requires:
(1) "Authorized person" means:
(a) A person who has obtained a written
authorization signed and notarized by a taxpayer to receive a
certificate of taxes due for the taxpayer, to receive copies of
tax returns and filings by the taxpayer with a public entity,
to receive a summary statement of tax payments made to any public
entity by the taxpayer, or all of the above, to the degree set
forth in the authorization. The authorization may be a signed
original or a copy thereof and may be a separate document or part
of a more general document; OR
(b) A LENDING INSTITUTION THAT HAS OBTAINED
WRITTEN AUTHORIZATION FROM A BORROWER TO RECEIVE NOTIFICATION
FROM THE DEPARTMENT OF REVENUE WHEN THE BORROWER IS DELINQUENT
IN THE PAYMENT OF SALES AND USE TAXES, SPECIAL FUEL TAXES, WITHHOLDING
TAXES, GAS TAXES, OR AVIATION FUEL TAXES. THE AUTHORIZATION MAY
BE A SIGNED AND DATED ORIGINAL OR A COPY THEREOF AND MAY BE A
SEPARATE DOCUMENT OR PART OF A MORE GENERAL DOCUMENT.
SECTION 2. Article
25.5 of title 38, Colorado Revised Statutes, 1982 Repl. Vol.,
as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
requirements tax delinquency notification fund creation
immunity. (1) THE
DEPARTMENT OF REVENUE SHALL PROVIDE INFORMATION TO ANY LENDING
INSTITUTION THAT IS AN AUTHORIZED PERSON REGARDING THE DELINQUENT
PAYMENT OF SALES AND USE TAX, WITHHOLDING TAX, SPECIAL FUELS TAX,
GAS TAX, OR AVIATION FUEL TAX BY A BORROWER OF FUNDS FROM SUCH
INSTITUTION PROVIDED SUCH DELINQUENCY IS IN DISTRAINT WARRANT
STAGE. THE DEPARTMENT SHALL HONOR ANY REQUEST MADE BY A LENDING
INSTITUTION THAT IS AN AUTHORIZED PERSON TO THE EXTENT SET FORTH
IN THE WRITTEN AUTHORIZATION. SUCH PROVISION OF INFORMATION SHALL
BE MADE IN ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT,
WHICH SHALL INCLUDE THE FOLLOWING:
(a) THE PROCEDURES PURSUANT TO WHICH LENDING
INSTITUTIONS MAY REQUEST NOTIFICATION UNDER THIS SECTION, WHEN
SUCH NOTIFICATION WILL BE PROVIDED BY THE DEPARTMENT, AND THE
MANNER IN WHICH SUCH INFORMATION SHALL BE PROVIDED;
(b) THE AMOUNT OF THE FILING FEE NEEDED
TO COVER PROGRAMMING AND OTHER ADMINISTRATIVE COSTS, WHICH MAY
BE ADJUSTED PERIODICALLY BY THE DEPARTMENT AND NOT NECESSARILY
AT THE BEGINNING OF THE YEAR;
(c) THE LEVEL, TYPE, OR DEGREE OF DELINQUENCY
SUBJECT TO THE DISCLOSURE PROVIDED BY THIS SECTION;
(d) ANY OTHER INFORMATION NEEDED FOR THE
IMPLEMENTATION OF THIS SECTION.
(2) THE LEVEL, TYPE, OR DEGREE OF DELINQUENCY
SUBJECT TO THE DISCLOSURE PROVIDED BY THIS SECTION SHALL BE SET
BY THE DEPARTMENT OF REVENUE.
(3) THE DEPARTMENT SHALL TRANSMIT ANY
FILING FEES COLLECTED PURSUANT TO THIS SECTION TO THE STATE TREASURER,
WHO SHALL DEPOSIT SUCH FEES IN THE STATE TREASURY IN THE TAX DELINQUENCY
NOTIFICATION FUND, WHICH FUND IS HEREBY CREATED. MONEYS SO DEPOSITED
AND ALL INTEREST EARNED ON SUCH MONEYS SHALL BE RETAINED IN THE
SECTION 3. 3825.5105,
Colorado Revised Statutes, 1982 Repl. Vol., as amended, is amended
3825.5105. Department of
revenue fees. EXCEPT AS PROVIDED IN SECTION
3825.5103.5, fees collected by the department of revenue
pursuant to this article shall be deposited in the state treasury
in the tax lien certification fund which is hereby created. Moneys
so deposited and all interest earned on such moneys shall be used
by the department of revenue for the purposes of this article
in accordance with the annual appropriation by the general assembly
and shall not be deposited in or transferred to the general fund.
SECTION 4. Loan authorized.
For the purpose of implementing this act prior to sufficient moneys
becoming available in the tax delinquency notification fund created
in section 3825.5103.5 (2), Colorado Revised Statutes,
the department of revenue is authorized to borrow twenty thousand
two hundred twentyfive dollars ($20,225) from the general
fund during the fiscal year beginning July 1, 1997, and said moneys
shall be transferred and credited to the tax delinquency notification
fund. As moneys become available to the tax delinquency notification
fund, any moneys borrowed from the general fund shall be repaid
from the tax delinquency notification fund.
SECTION 5. Appropriation.
In addition to any other appropriation, there is hereby appropriated,
out of any moneys in the tax delinquency notification fund not
otherwise appropriated, to the department of revenue, for the
fiscal year beginning July 1, 1997, the sum of twenty thousand
two hundred twentyfive dollars ($20,225), or so much thereof
as may be necessary, for the implementation of this act.
SECTION 6. Effective date.
This act shall take effect July 1, 1997.
SECTION 7. 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.
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
GOVERNOR OF THE STATE OF COLORADO