BY SENATORS Lacy, Linkhart, Pascoe, Perlmutter, Phillips, and Rupert;
also REPRESENTATIVES Faatz, Anderson, Saliman, Udall,
Veiga, and S. Williams.
CONCERNING THE AUTHORITY OF THE BOARD OF DIRECTORS
OF THE REGIONAL TRANSPORTATION DISTRICT TO INCREASE THE RATE OF
SALES TAX LEVIED BY SAID DISTRICT UPON APPROVAL OF THE ELIGIBLE
ELECTORS OF SAID DISTRICT, AND MAKING AN APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 329103
(6.2), Colorado Revised Statutes, as amended, is amended to read:
329103. Definitions.
As used in this article, unless the context otherwise requires:
(6.2) "Eligible elector" means
a registered elector as defined in section 11104 (35),
C.R.S., WHO RESIDES WITHIN THE GEOGRAPHIC BOUNDARIES OF THE DISTRICT.
SECTION 2. 329119
(2), Colorado Revised Statutes, as amended, is amended BY THE
ADDITION OF A NEW PARAGRAPH to read:
329119. Additional powers
of district. (2) (b.5) (I) TO
PROVIDE REVENUE TO DEFRAY THE COST OF CONSTRUCTION AND OPERATION
OF A MASS TRANSPORTATION SYSTEM AND ACQUISITION OF CAPITAL EQUIPMENT
OR INTERESTS IN REAL PROPERTY NECESSARY FOR SUCH SYSTEM, THE BOARD,
FOR AND ON BEHALF OF THE DISTRICT AFTER APPROVAL BY ELIGIBLE ELECTORS
AT AN ELECTION HELD PURSUANT TO SECTION 329119.3,
SHALL HAVE THE POWER TO INCREASE THE SALES TAX RATE LEVIED PURSUANT
TO PARAGRAPH (a) OF THIS SUBSECTION (2) BY FOURTENTHS OF
ONE PERCENT UPON EVERY TRANSACTION OR OTHER INCIDENT WITH RESPECT
TO WHICH A SALES TAX IS LEVIED BY THE STATE, PURSUANT TO THE PROVISIONS
OF ARTICLE 26 OF TITLE 39, C.R.S.; EXCEPT THAT SUCH INCREASED
SALES TAX RATE SHALL ALSO BE LEVIED UPON PURCHASES OF MACHINERY
AND MACHINE TOOLS PURSUANT TO SECTION 292105 (1) (d),
C.R.S.
(II) THIS PARAGRAPH (b.5) IS REPEALED,
EFFECTIVE AS OF THE EARLIEST OCCURRENCE OF THE FOLLOWING:
(A) IF THE BOARD HAS NOT SUBMITTED THE
QUESTION SET FORTH IN SECTION 329119.3 (2) (b) TO
THE REGISTERED ELECTORS OF THE DISTRICT ON OR BEFORE DECEMBER
31, 1998; OR
(B) AT SUCH TIME AS A MAJORITY OF THE
REGISTERED ELECTORS OF THE DISTRICT VOTE NEGATIVELY ON THE QUESTION
SET FORTH IN SECTION 329119.3 (2) (b).
SECTION 3. Article
9 of title 32, Colorado Revised Statutes, as amended, is amended
BY THE ADDITION OF A NEW SECTION to read:
329119.3. Elections for
sales tax rate increase. (1)
ON OR BEFORE DECEMBER 31, 1998, THE BOARD IS AUTHORIZED TO SUBMIT
TO THE ELIGIBLE ELECTORS OF THE DISTRICT AT ONE GENERAL ELECTION,
OR ELECTION HELD ON THE FIRST TUESDAY IN NOVEMBER OF AN ODDNUMBERED
YEAR, THE QUESTION OF WHETHER THE DISTRICT SHALL BE AUTHORIZED
TO INCREASE THE SALES TAX RATE AS SPECIFIED IN SECTION 329119
(2) (b.5). THE QUESTION SHALL BE SUBMITTED PURSUANT TO SUBSECTION
(2) OF THIS SECTION.
(2) (a) ON OR BEFORE DECEMBER 31,
1998, THE DISTRICT SHALL SUBMIT THE QUESTION SET FORTH IN PARAGRAPH
(b) OF THIS SUBSECTION (2) TO THE ELIGIBLE ELECTORS OF THE DISTRICT:
(I) AFTER BEING PRESENTED WITH A PETITION
REQUESTING THE SUBMITTAL OF THE QUESTION OF A SALES TAX RATE INCREASE,
SIGNED BY ELIGIBLE ELECTORS OF THE DISTRICT, IN AN AMOUNT EQUAL
TO AT LEAST FIVE PERCENT OF THE TOTAL NUMBER OF VOTES CAST WITHIN
THE GEOGRAPHIC BOUNDARIES OF THE DISTRICT FOR ALL CANDIDATES FOR
THE OFFICE OF SECRETARY OF STATE AT THE PREVIOUS GENERAL ELECTION
AND AFTER VERIFICATION OF THE SIGNATURES ON THE PETITION BY THE
SECRETARY OF STATE IN ACCORDANCE WITH THIS SECTION; OR
(II) AFTER THE ADOPTION OF A RESOLUTION
BY THE BOARD.
(b) (I) EXCEPT AS OTHERWISE PROVIDED
IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (b), AT THE ELECTION, THE
QUESTION APPEARING ON THE BALLOT SHALL BE AS FOLLOWS:
"SHALL REGIONAL TRANSPORTATION DISTRICT TAXES
BE INCREASED (FIRST, OR IF PHASED IN, FINAL, FULL FISCAL
YEAR DOLLAR INCREASE) ANNUALLY, AND BY WHATEVER ADDITIONAL
AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY INCREASING THE SALES
TAX RATE BY FOURTENTHS OF ONE PERCENT, FROM THE CURRENT
SIXTENTHS OF ONE PERCENT TO ONE PERCENT, COMMENCING JANUARY
1, (YEAR), AND SHALL THE REGIONAL TRANSPORTATION DISTRICT
DEBT BE INCREASED (PRINCIPAL AMOUNT), WITH A REPAYMENT
COST OF (MAXIMUM TOTAL DISTRICT COST), WITH ALL PROCEEDS
OF SAID BONDS AND ALL REVENUES GENERATED BY SAID TAX INCREASE
THAT REMAIN AFTER REPAYMENT OF BOND OBLIGATIONS TO BE USED AND
SPENT FOR THE CONSTRUCTION AND OPERATION OF A FIXED GUIDEWAY MASS
TRANSIT SYSTEM, THE CONSTRUCTION OF ADDITIONAL PARKNRIDE
LOTS, THE EXPANSION AND IMPROVEMENT OF EXISTING PARKNRIDE
LOTS, AND INCREASED BUS SERVICE, INCLUDING THE USE OF SMALLER
BUSES AND VANS AND ALTERNATIVE FUEL VEHICLES AS APPROPRIATE, AS
SPECIFIED IN THE "GUIDE THE RIDE" PLAN ADOPTED BY THE
BOARD OF DIRECTORS OF THE DISTRICT ON OR BEFORE JULY 1, 1997,
AND WITH SUCH REVENUES RAISED BY THE SALES TAX RATE INCREASE BEING
EXEMPT FROM THE REVENUE AND SPENDING RESTRICTIONS CONTAINED IN
SECTION 20 OF ARTICLE X OF THE COLORADO CONSTITUTION?"
(II) THE BALLOT QUESTION SPECIFIED IN
SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) MAY BE MODIFIED BY THE
PROPONENTS OF AN INITIATIVE PETITION OR THE BOARD, AS APPLICABLE,
ONLY TO THE EXTENT NECESSARY TO CONFORM TO THE REQUIREMENTS OF
ANY FINAL DECISION OF A DISTRICT OR APPELLATE COURT REGARDING
THE LEGAL REQUIREMENTS FOR BALLOT QUESTIONS AND TITLES.
(3) THE PROVISIONS OF ARTICLE 40 OF TITLE
1, C.R.S., REGARDING THE FOLLOWING SUBJECT MATTER LISTED IN THIS
SUBSECTION (3) SHALL APPLY TO PETITIONS THAT MAY BE SUBMITTED
PURSUANT TO SUBSECTION (2) OF THIS SECTION: FORM REQUIREMENTS
AND APPROVAL; CIRCULATION OF PETITIONS; ELECTOR INFORMATION AND
SIGNATURES ON PETITIONS; AFFIDAVITS AND REQUIREMENTS OF CIRCULATORS
OF PETITIONS; AND VERIFICATION OF SIGNATURES, INCLUDING BUT NOT
LIMITED TO CURE OF AN INSUFFICIENCY OF SIGNATURES AND PROTESTS
REGARDING SUFFICIENCY STATEMENTS AND PROCEDURES FOR HEARINGS OR
FURTHER APPEALS REGARDING SUCH PROTESTS. THE PROVISIONS OF ARTICLE
40 OF TITLE 1, C.R.S., REGARDING REVIEW AND COMMENT, THE SETTING
OF A BALLOT TITLE, INCLUDING BUT NOT LIMITED TO THE DUTIES OF
THE TITLE BOARD, REHEARINGS AND APPEALS, AND THE NUMBER OF SIGNATURES
REQUIRED SHALL NOT APPLY TO PETITIONS THAT MAY BE SUBMITTED PURSUANT
TO SUBSECTION (2) OF THIS SECTION.
(4) (a) ANY PETITION SHALL BE FILED
WITH THE SECRETARY OF STATE AT LEAST NINETY DAYS BEFORE THE GENERAL
ELECTION OR THE ELECTION HELD ON THE FIRST TUESDAY IN NOVEMBER
IN AN ODDNUMBERED YEAR, WHICHEVER IS APPLICABLE, AT WHICH
IT SHALL BE VOTED UPON. NOTICE OF ANY QUESTION TO BE SUBMITTED
TO THE ELIGIBLE ELECTORS OF THE DISTRICT AFTER VERIFICATION OF
THE SIGNATURES ON ANY PETITION FILED WITH THE SECRETARY OF STATE
SHALL BE FILED BY THE BOARD IN THE OFFICE OF THE SECRETARY OF
STATE PRIOR TO FIFTYFIVE DAYS BEFORE SUCH ELECTION.
(b) NOTICE OF ANY QUESTION TO BE SUBMITTED
TO THE ELIGIBLE ELECTORS OF THE DISTRICT UPON THE ADOPTION OF
A RESOLUTION BY THE BOARD OF THE DISTRICT PURSUANT TO SUBSECTION
(2) OF THIS SECTION SHALL BE FILED IN THE OFFICE OF THE SECRETARY
OF STATE PRIOR TO FIFTYFIVE DAYS BEFORE SUCH ELECTION.
(c) EXCEPT AS PROVIDED IN SECTION 145117 (1) (a) (II) AND (1) (b), C.R.S., NO AGENCY, DEPARTMENT, BOARD, DIVISION, BUREAU, COMMISSION, OR COUNCIL OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF SHALL EXPEND ANY PUBLIC MONEYS FROM ANY SOURCE, OR MAKE ANY CONTRIBUTIONS, TO URGE ELECTORS TO VOTE IN FAVOR OF OR AGAINST ANY BALLOT QUESTION AUTHORIZED BY THIS SECTION.
(5) UPON APPROVAL BY THE ELIGIBLE ELECTORS
OF THE INCREASE IN THE RATE OF SALES TAX LEVIED BY THE DISTRICT
PURSUANT TO THIS SECTION, THE DISTRICT SHALL REIMBURSE THE DEPARTMENT
OF REVENUE FOR THE COSTS INCURRED IN MAILING NOTICES OF SUCH SALES
TAX RATE INCREASE TO ALL VENDORS IN THE DISTRICT THAT COLLECT
AND REMIT SUCH TAX.
(6) IF, AT ANY ELECTION SPECIFIED IN SUBSECTION
(2) OF THIS SECTION, A MAJORITY OF ELIGIBLE ELECTORS OF THE DISTRICT
VOTING ON THE QUESTION VOTE AFFIRMATIVELY ON THE QUESTION OF INCREASING
THE RATE OF THE SALES TAX LEVIED BY THE DISTRICT, THE BOARD SHALL
LEVY THE SALES TAX AT THE RATE APPROVED BY THE ELIGIBLE ELECTORS
COMMENCING ON JANUARY 1 OF THE YEAR IMMEDIATELY SUBSEQUENT TO
THE ELECTION. IF A MAJORITY OF THE ELIGIBLE ELECTORS OF THE DISTRICT
VOTING ON THE QUESTION DO NOT VOTE AFFIRMATIVELY ON THE QUESTION,
THE RATE OF THE SALES TAX LEVIED BY THE DISTRICT SHALL NOT CHANGE.
(7) (a) IF, AT ANY ELECTION SPECIFIED
IN SUBSECTION (2) OF THIS SECTION, A MAJORITY OF THE ELIGIBLE
ELECTORS OF THE DISTRICT VOTING ON THE QUESTION VOTE AFFIRMATIVELY
ON THE QUESTION OF INCREASING THE RATE OF SALES TAX AS SPECIFIED
IN SUBSECTION (2) OF THIS SECTION, THEN SUCH SALES TAX SHALL BE
LEVIED AND COLLECTED AS PROVIDED FOR IN SECTION 329119
(2) (c).
(b) THE RATE OF SALES TAX LEVIED BY THE
DISTRICT SHALL BE REDUCED BY TWOTENTHS OF ONE PERCENT FOR
A TOTAL SALES TAX OF EIGHTTENTHS OF ONE PERCENT AT SUCH
TIME AS THE CONSTRUCTION OF THE IMPROVEMENTS SPECIFIED IN THE
"GUIDE THE RIDE" PLAN ADOPTED BY THE BOARD OF DIRECTORS
OF THE DISTRICT ON OR BEFORE JULY 1, 1997, ARE COMPLETED AND ALL
BONDS TO BE REPAID BY SUCH INCREASED TAX RATE ARE REPAID.
(8) NOTHING IN THIS SECTION SHALL BE CONSTRUED
TO ALLOW AN INITIATIVE PETITION OR BOARD REFERRED MEASURE AS AUTHORIZED
IN THIS SECTION TO PROPOSE A QUESTION TO THE ELIGIBLE ELECTORS
OF THE DISTRICT TO APPROVE A CHANGE IN THE AGGREGATE DISTRICT
SALES TAX RATE TO EXCEED ONE PERCENT.
(9) THIS SECTION IS REPEALED, EFFECTIVE
AS OF THE EARLIEST OCCURRENCE OF THE FOLLOWING:
(a) IF THE BOARD HAS NOT SUBMITTED THE
QUESTION SET FORTH IN PARAGRAPH (b) OF SUBSECTION (2) OF THIS
SECTION TO THE REGISTERED ELECTORS OF THE DISTRICT ON OR BEFORE
DECEMBER 31, 1998; OR
(b) AT SUCH TIME AS A MAJORITY OF THE
REGISTERED ELECTORS OF THE DISTRICT VOTE NEGATIVELY ON THE QUESTION
SET FORTH IN PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION.
(10) IN THE EVENT THAT ANY TAX INCREASE
FOR THE CONSTRUCTION OF THE ELEMENTS OF THE "GUIDE THE RIDE"
PLAN ADOPTED BY THE BOARD ON OR BEFORE JULY 1, 1997, IS APPROVED
BY A MAJORITY OF THE ELIGIBLE ELECTORS OF THE DISTRICT, THE AFFIRMATIVE
VOTE OF A TWOTHIRDS MAJORITY OF THE BOARD SHALL NOT BE REQUIRED
PURSUANT TO SECTION 329107.7 (1) FOR THE CONSTRUCTION
OF THE FIXED GUIDEWAY CORRIDORS AUTHORIZED BY THIS SECTION.
SECTION 4. Appropriation. In
addition to any other appropriation, there is hereby appropriated,
to the department of revenue, for the fiscal year beginning July
1, 1997, the sum of twentythree thousand nine hundred four
dollars ($23,904), or so much thereof as may be necessary, for
the implementation of this act. Such sum shall be from moneys
received from the regional transportation district pursuant to
section 329119.3 (5), Colorado Revised Statutes. Such
funds shall be expended only if the board of directors of the
regional transportation district increases the rate of the sales
tax of the district pursuant to the provisions of this act.
SECTION 5. 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