SENATE BILL 97001
BY SENATORS Powers, Ament, Arnold, Bishop, Blickensderfer, Chlouber, Coffman, Congrove, Lacy, Matsunaka, Mutzebaugh, Norton, Perlmutter, Reeves, Schroeder, Tebedo, Wattenberg, Weddig, and Wham;
also REPRESENTATIVES Tucker, Schwarz, C. Berry,
G. Berry, Dean, Epps, Gotlieb, Grossman, Kaufman, Morrison,
Paschall, Schauer, Smith, Sullivant, Swenson, Taylor, Udall, and
S. Williams.
CONCERNING THE ALLOCATION OF SALES AND USE TAX REVENUES
ATTRIBUTABLE TO SALES OR USE TAX OF VEHICLES AND RELATED ITEMS
TO THE HIGHWAY USERS TAX FUND, AND MAKING AN APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3926123, Colorado Revised Statutes, 1994 Repl.
Vol., is amended to read:
3926123. Receipts
disposition. (1) Eightyfive
percent of all receipts collected under the provisions of this
article shall be credited to the old age pension fund. BEFORE
JULY 1, 1997, AND FOR THE FISCAL YEAR COMMENCING JULY 1, 2002,
AND EACH YEAR THEREAFTER, the remaining fifteen percent shall
be credited to the general fund, and the general assembly shall
make appropriations therefrom for the expenses of the administration
of this article.
(2) (a) (I) (A) EIGHTYFIVE
PERCENT OF ALL RECEIPTS COLLECTED UNDER THE PROVISIONS OF THIS
ARTICLE SHALL BE CREDITED TO THE OLD AGE PENSION FUND. FOR THE
FISCAL YEAR COMMENCING JULY 1, 1997, AND FOR FOUR SUCCEEDING FISCAL
YEARS THEREAFTER, THE REMAINING FIFTEEN PERCENT SHALL BE ALLOCATED
BETWEEN AND CREDITED TO THE GENERAL FUND AND THE HIGHWAY USERS
TAX FUND, AS A PORTION OF THE SALES AND USE TAXES ATTRIBUTABLE
TO SALES OR USE OF VEHICLES AND RELATED ITEMS, AS FOLLOWS: TEN
PERCENT OF NET REVENUE FROM SALES AND USE TAX TO THE HIGHWAY USERS
TAX FUND AND FIVE PERCENT THEREOF TO THE GENERAL FUND.
(B) FOR PURPOSES OF THIS SUBPARAGRAPH
(I), "NET REVENUE" MEANS THE GROSS AMOUNT OF SALES AND
USE TAX RECEIPTS COLLECTED UNDER THE PROVISIONS OF THIS ARTICLE,
LESS THREE AND ONETHIRD PERCENT OF SUCH AMOUNT RETAINED
BY VENDORS FOR THE COLLECTION AND REMITTANCE OF SUCH TAX PURSUANT
TO SECTION 3926105 (1) (a).
(II) IN ANY FISCAL YEAR, IF THE REVENUE
ESTIMATE PREPARED IN ACCORDANCE WITH SECTION 2475201.3
(2), C.R.S., INDICATES THAT, AFTER MAKING REQUIRED EXPENDITURES,
MAKING THE ALLOCATION TO THE HIGHWAY USERS TAX FUND IN ACCORDANCE
WITH SUBSUBPARAGRAPH (A) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH
(a), AND MAINTAINING THE STATUTORILY REQUIRED RESERVE, THERE WILL
NOT BE SUFFICIENT GENERAL FUND REVENUE TO FUND GENERAL FUND EXPENDITURES
UP TO THE STATUTORY APPROPRIATION LIMIT, THE GOVERNOR SHALL DIRECT
THE STATE TREASURER TO REDUCE THE AMOUNT OF SALES AND USE TAXES
CREDITED TO THE HIGHWAY USERS TAX FUND AS NECESSARY TO PROVIDE
THE ADDITIONAL GENERAL FUND REVENUE TO FULLY FUND THE GENERAL
FUND EXPENDITURES UP TO THE STATUTORY APPROPRIATION LIMIT.
(III) IN ANY FISCAL YEAR, IF THE REVENUE
ESTIMATE PREPARED IN ACCORDANCE WITH SECTION 2475201.3
(2), C.R.S., INDICATES THAT, AFTER MAKING REQUIRED EXPENDITURES,
MAKING THE ALLOCATION TO THE HIGHWAY USERS TAX FUND IN ACCORDANCE
WITH SUBSUBPARAGRAPH (A) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH
(a), AND MAINTAINING SUFFICIENT GENERAL FUND REVENUES TO FUND
GENERAL FUND EXPENDITURES UP TO THE STATUTORY APPROPRIATION LIMIT
AND THE STATUTORILY REQUIRED RESERVE, THERE WILL NOT BE EXCESS
REVENUES, INCLUDING THE TOTAL OF ALL REVENUES REQUIRED TO BE TRANSFERRED
TO THE CAPITAL CONSTRUCTION FUND, AVAILABLE FOR APPROPRIATION
DURING THE NEXT FISCAL YEAR FOR CAPITAL CONSTRUCTION PROJECTS,
INCLUDING CORRECTIONAL FACILITIES, IN AN AMOUNT EQUAL TO ONE HUNDRED
FORTY MILLION DOLLARS, THE GOVERNOR SHALL DIRECT THE STATE TREASURER
TO REDUCE THE AMOUNT OF SALES AND USE TAXES CREDITED TO THE HIGHWAY
USERS TAX FUND BY AN AMOUNT EQUAL TO ONEHALF OF THE DIFFERENCE
BETWEEN ONE HUNDRED FORTY MILLION DOLLARS AND THE AMOUNT OF EXCESS
REVENUES AVAILABLE FOR APPROPRIATION DURING THE NEXT FISCAL YEAR
FOR CAPITAL CONSTRUCTION PROJECTS AFTER MAKING REQUIRED EXPENDITURES
AND MAINTAINING SUFFICIENT GENERAL FUND REVENUES TO FUND GENERAL
FUND EXPENDITURES UP TO THE STATUTORY APPROPRIATION LIMIT AND
THE STATUTORILY REQUIRED RESERVE.
(b) AS USED IN PARAGRAPH (a) OF THIS SUBSECTION
(2):
(I) "REQUIRED EXPENDITURES"
MEANS THE TOTAL OF ALL MONEYS CONTINUOUSLY APPROPRIATED BY A PERMANENT
STATUTE OR CONSTITUTIONAL PROVISION.
(II) (A) "SALES AND USE TAXES
ATTRIBUTABLE TO SALES OR USE OF VEHICLES AND RELATED ITEMS"
MEANS THE REVENUE RAISED FROM THE STATE SALES AND USE TAXES IMPOSED
PURSUANT TO THIS ARTICLE ON THE SALES OR USE OF NEW OR USED MOTOR
VEHICLES, INCLUDING MOTOR HOMES, MOTOR VEHICLE BATTERIES, TIRES,
PARTS, OR ACCESSORIES, UTILITY TRAILERS, CAMPER COACHES, OR CAMPER
TRAILERS.
(B) WITH RESPECT TO SALES TAX, "RELATED
ITEMS" INCLUDES ONLY ITEMS SOLD BY PERSONS WHOSE PRIMARY
BUSINESS ACTIVITY IS THE SALE OR SERVICE OF MOTOR VEHICLES OR
RELATED ITEMS.
(c) IF THE GENERAL ASSEMBLY IMPLEMENTS
A TAX POLICY CHANGE RESULTING IN A SIGNIFICANT REDUCTION OF GENERAL
FUND REVENUES, THE GENERAL ASSEMBLY SHALL:
(I) EXAMINE THE CONDITIONS IMPOSED ON
THE REVENUES CREDITED TO THE HIGHWAY USERS TAX FUND IN SUBPARAGRAPHS
(II) AND (III) OF PARAGRAPH (a) OF THIS SUBSECTION (2) AND SHALL
DETERMINE WHETHER SUCH CONDITIONS SHOULD BE MODIFIED IN LIGHT
OF ANY SUCH CHANGE; AND
(II) EXAMINE THE AMOUNT OF SALES AND USE
TAXES CREDITED TO THE HIGHWAY USERS TAX FUND PURSUANT TO PARAGRAPH
(a) OF THIS SUBSECTION (2) AND SHALL DETERMINE WHETHER SUCH AMOUNT
SHOULD BE MODIFIED IN LIGHT OF ANY SUCH CHANGE.
(d) FOR THE FISCAL YEAR COMMENCING JULY
1, 1997, AND FOR FOUR SUCCEEDING FISCAL YEARS THEREAFTER, THE
STATE TREASURER SHALL CREDIT AN AMOUNT OF SALES AND USE TAXES
ATTRIBUTABLE TO SALES OR USE OF VEHICLES AND RELATED ITEMS TO
THE HIGHWAY USERS TAX FUND AS PROVIDED IN PARAGRAPH (a) OF THIS
SUBSECTION (2).
(e) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE
JULY 1, 2002.
SECTION 2. 434205,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
434205. Allocation of fund.
(6.5) (a) THE REVENUES CREDITED
TO THE HIGHWAY USERS TAX FUND PURSUANT TO SECTION 3926123
(2), C.R.S., SHALL BE PAID TO THE STATE HIGHWAY FUND FOR ALLOCATION
TO THE DEPARTMENT OF TRANSPORTATION AND SHALL BE EXPENDED AS PROVIDED
IN SECTION 434206 (2).
(b) THIS SUBSECTION (6.5) IS REPEALED,
EFFECTIVE JULY 1, 2002.
SECTION 3. The
introductory portions to 434206 (1) and (1) (b), Colorado
Revised Statutes, 1993 Repl. Vol., are amended, and the said 434206
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
434206. State allocation.
(1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)
OF THIS SECTION, after the payments to the highway crossing protection
fund required by law have been made and after paying the costs
of the Colorado state patrol and such other costs of the department,
exclusive of highway construction, highway improvements, or highway
maintenance, as are appropriated by the general assembly, sixtyfive
percent of the balance of the highway users tax fund shall be
paid to the state highway fund and shall be expended for the following
purposes:
(b) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION
(2) OF THIS SECTION, all moneys in the state highway fund not
required for the creation, maintenance, and application of such
highway anticipation or sinking fund and all moneys in the state
highway supplementary fund shall be available to pay for:
(2) (a) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, THE REVENUES CREDITED TO THE HIGHWAY USERS TAX FUND PURSUANT TO SECTION 3926123 (2), C.R.S., AND CREDITED TO THE STATE HIGHWAY FUND PURSUANT TO SECTION 434205 (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) AT LEAST EIGHTY PERCENT OF SUCH REVENUES
SHALL BE EXPENDED ON BASE CORRIDORS; AND
(II) NOT MORE THAN TWENTY PERCENT OF SUCH
REVENUES SHALL BE EXPENDED ON MAJOR INVESTMENT STUDY CORRIDORS;
EXCEPT THAT AT LEAST FIFTY PERCENT OF THE REVENUES EXPENDED PURSUANT
TO THIS SUBPARAGRAPH (II) SHALL BE USED FOR HIGHWAY PURPOSES OR
HIGHWAYRELATED CAPITAL IMPROVEMENTS, INCLUDING BUT NOT LIMITED
TO, HIGH OCCUPANCY VEHICLE LANES, PARKANDRIDE FACILITIES,
AND TRANSPORTATION MANAGEMENT SYSTEMS.
(b) BEGINNING IN 1998, THE DEPARTMENT
OF TRANSPORTATION SHALL REPORT ANNUALLY TO THE TRANSPORTATION
COMMITTEE OF THE SENATE AND THE TRANSPORTATION AND ENERGY COMMITTEE
OF THE HOUSE OF REPRESENTATIVES CONCERNING THE REVENUES EXPENDED
BY THE DEPARTMENT PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION
(2). THE REPORT SHALL BE PRESENTED AT THE JOINT MEETING REQUIRED
UNDER SECTION 431113 (9) (a) AND SHALL DESCRIBE FOR
EACH FISCAL YEAR, IF APPLICABLE:
(I) THE PROJECTS ON WHICH THE REVENUES
CREDITED TO THE STATE HIGHWAY FUND PURSUANT TO PARAGRAPH (a) OF
THIS SUBSECTION (2) ARE TO BE EXPENDED, INCLUDING THE ESTIMATED
COST OF EACH PROJECT, THE AGGREGATE AMOUNT OF REVENUE ACTUALLY
SPENT ON EACH PROJECT, AND THE AMOUNT OF REVENUE ALLOCATED FOR
EACH PROJECT IN SUCH FISCAL YEAR. THE DEPARTMENT OF TRANSPORTATION
SHALL SUBMIT A PRIORITIZED LIST OF SUCH PROJECTS AS PART OF THE
REPORT.
(II) THE STATUS OF SUCH PROJECTS THAT
THE DEPARTMENT HAS UNDERTAKEN IN ANY PREVIOUS FISCAL YEAR;
(III) THE PROJECTED AMOUNT OF REVENUE
THAT THE DEPARTMENT EXPECTS TO RECEIVE UNDER THIS SUBSECTION (2)
DURING SUCH FISCAL YEAR;
(IV) THE AMOUNT OF REVENUE THAT THE DEPARTMENT
HAS ALREADY RECEIVED UNDER THIS SUBSECTION (2) DURING SUCH FISCAL
YEAR; AND
(V) HOW THE REVENUES EXPENDED UNDER THIS
SUBSECTION (2) DURING SUCH FISCAL YEAR RELATE TO THE TOTAL FUNDING
OF THE STRATEGIC TRANSPORTATION PROJECT INVESTMENT PROGRAM.
(c) BEGINNING WITH THE 199798 FISCAL
YEAR, THE DEPARTMENT OF TRANSPORTATION SHALL REPORT ANNUALLY TO
THE JOINT BUDGET COMMITTEE AT THE DEPARTMENT'S HEARING TO REVIEW
THE DEPARTMENT'S BUDGET REQUEST. THE REPORT SHALL CONTAIN FOR
EACH FISCAL YEAR, IF APPLICABLE, THE REPORTING REQUIREMENTS SPECIFIED
IN SUBPARAGRAPHS (I) TO (V) OF PARAGRAPH (b) OF THIS SUBSECTION
(2).
(d) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE
JULY 1, 2002.
SECTION 4. Appropriation. In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the highway users tax fund not otherwise
appropriated, to the department of transportation, for construction,
maintenance, and operations, for the fiscal year beginning July
1, 1997, the sum of one hundred fortyeight million, three
hundred thousand dollars ($148,300,000), or so much thereof as
may be necessary, for the implementation of this act.
SECTION 5. Effective
date. This act shall take effect July 1, 1997.
SECTION 6. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO