BY REPRESENTATIVE Adkins;
also SENATORS Mutzebaugh, Bishop, Hernandez, Hopper,
Linkhart, Martinez, Norton, Pascoe, Perlmutter, Phillips, Reeves,
Rupert, Wattenberg, and Weddig.
CONCERNING SCIENTIFIC AND CULTURAL FACILITIES DISTRICTS,
AND, IN CONNECTION THEREWITH, AUTHORIZING THE INCLUSION OF ALL
OF DOUGLAS COUNTY IN THE DENVER METROPOLITAN SCIENTIFIC AND CULTURAL
FACILITIES DISTRICT AND AUTHORIZING THE CREATION OF SCIENTIFIC
AND CULTURAL FACILITIES DISTRICTS THAT ARE NOT COTERMINOUS WITH
COUNTY BOUNDARIES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
13 of title 32, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
3213104.5. Additional district
area Douglas county. (1) IN
ADDITION TO THE AREAS DESCRIBED IN SECTION 3213104,
THE AREA OF DOUGLAS COUNTY THAT IS NOT INCLUDED IN THE DENVER
METROPOLITAN SCIENTIFIC AND CULTURAL FACILITIES DISTRICT MAY BE
INCLUDED IN THE DISTRICT IF THE FOLLOWING REQUIREMENTS ARE MET:
(a) A PROPOSAL TO INCLUDE THE AREA IS
INITIATED BY ANY OF THE FOLLOWING METHODS:
(I) A PETITION REQUESTING AN ELECTION
FOR THE PURPOSE OF INCLUDING THE AREA IN THE DISTRICT IS SIGNED
BY AT LEAST FIVE PERCENT OF THE ELIGIBLE ELECTORS OF THE UNINCORPORATED
PORTION OF SUCH AREA AND OF EACH PORTION OF SUCH AREA THAT IS
WITHIN A MUNICIPALITY; OR
(II) THE GOVERNING BODIES OF ALL MUNICIPALITIES
THAT INCLUDE PORTIONS OF THE AREA PROPOSED TO BE INCLUDED IN THE
DISTRICT AND THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY
ADOPT RESOLUTIONS REQUESTING AN ELECTION FOR THE PURPOSE OF INCLUDING
THE AREA IN THE DISTRICT. THE BOARD OF COUNTY COMMISSIONERS OF
DOUGLAS COUNTY SHALL ADOPT SUCH A RESOLUTION ONLY AFTER ALL MUNICIPALITIES
THAT INCLUDE PORTIONS OF THE AREAS PROPOSED TO BE INCLUDED HAVE
ADOPTED SUCH RESOLUTIONS.
(b) AN ELECTION IS HELD AND CONDUCTED
IN ACCORDANCE WITH ARTICLES 1 TO 13 OF TITLE 1, C.R.S., AND THE
FOLLOWING REQUIREMENTS:
(I) THE ELECTION IS HELD AT THE GENERAL
ELECTION IN 1998, 2000, OR 2002, AS DETERMINED BY INTERGOVERNMENTAL
AGREEMENT OF THE GOVERNING BODIES OF ALL MUNICIPALITIES THAT INCLUDE
PORTIONS OF THE AREA PROPOSED TO BE INCLUDED IN THE DISTRICT AND
THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY;
(II) THE BALLOT PROVIDES FOR THE ELIGIBLE
ELECTORS IN THE AREA PROPOSED TO BE INCLUDED IN THE DISTRICT TO
VOTE FOR OR AGAINST THE INCLUSION OF THE PROPOSED AREA IN THE
DISTRICT;
(III) THE BALLOT IS IN A SINGLE FORM DETERMINED
BY INTERGOVERNMENTAL AGREEMENT OF THE GOVERNING BODIES OF ALL
MUNICIPALITIES THAT INCLUDE PORTIONS OF THE AREA PROPOSED TO BE
INCLUDED IN THE DISTRICT AND THE BOARD OF COUNTY COMMISSIONERS
OF DOUGLAS COUNTY;
(IV) THE BALLOT CONTAINS A DESCRIPTION
OF THE AREA PROPOSED TO BE INCLUDED WITHIN THE DISTRICT;
(V) THE BALLOT CONTAINS THE CURRENT RATES
OF SALES TAX LEVIED BY THE DISTRICT; AND
(VI) THE BALLOT CONTAINS THE FOLLOWING
QUESTION: "SHALL THE AREA DESCRIBED IN THE BALLOT BE INCLUDED
IN THE DENVER METROPOLITAN CULTURAL AND SCIENTIFIC FACILITIES
DISTRICT?".
(2) THE GOVERNING BODIES OF ALL MUNICIPALITIES
THAT INCLUDE PORTIONS OF THE AREA PROPOSED TO BE INCLUDED IN THE
DISTRICT AND THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY
SHALL, PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT, ADOPT RESOLUTIONS
CALLING THE ELECTION AUTHORIZED BY THIS SECTION. THE RESOLUTIONS
SHALL STATE:
(a) THE OBJECT AND PURPOSE OF THE ELECTION;
(b) A DESCRIPTION OF THE AREA PROPOSED
TO BE INCLUDED IN THE DISTRICT;
(c) THE DATE OF THE ELECTION; AND
(d) THE NAME OF THE DESIGNATED ELECTION
OFFICIAL RESPONSIBLE FOR CONDUCTING THE ELECTION PURSUANT TO ARTICLES
1 TO 13 OF TITLE 1, C.R.S.
SECTION 2. 3213108,
Colorado Revised Statutes, is amended to read:
3213108. Petition or resolution
for formation and levy of tax petition or resolution for
extension of tax verification of signatures election.
(1) (a) A SCIENTIFIC AND CULTURAL FACILITIES
DISTRICT MAY INCLUDE A PORTION OF ONE COUNTY, AN ENTIRE COUNTY,
OR AREAS CONTAINED WITHIN MULTIPLE COUNTIES OF THE STATE; EXCEPT
THAT NO COUNTY SHALL INCLUDE MORE THAN ONE SCIENTIFIC AND CULTURAL
FACILITIES DISTRICT COMPOSED OF AREAS LOCATED SOLELY WITHIN THAT
COUNTY.
(a) (b) Except
for those counties included or partially included in the district
created in section 3213104,
The formation of a scientific and cultural facilities district
in all other counties of the state
OTHER THAN THE DISTRICT CREATED IN SECTION 3213104
shall be initiated by a petition signed by registered electors
of the county in which a
EACH UNINCORPORATED AREA OF A COUNTY AND OF EACH AREA WITHIN A
MUNICIPALITY THAT IS TO BE INCLUDED IN THE PROPOSED scientific
and cultural facilities district is
proposed in number not less than
five percent of the votes cast in the
county EACH AREA for all candidates
for the office of governor at the last preceding general election,
or by
resolution adopted by the board, OR BY RESOLUTION OF EACH BOARD
ADOPTED PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT ENTERED INTO
BY THE BOARDS of county commissioners of the county OR COUNTIES
in which a scientific and cultural facilities district is proposed.
(b) (c) Such
petition or resolution shall state that the proposed scientific
and cultural facilities district would levy and collect for a
period of time not to exceed ten years a uniform sales tax throughout
the geographical area of the district at a rate not to exceed
thirty onehundredths of one percent upon every transaction
or other incident with respect to which a sales tax is levied
by the county IN WHICH THE TRANSACTION OR OTHER INCIDENT OCCURS,
pursuant to the provisions of article 2 of title 29, C.R.S.
(c) (d) Such
petition or resolution shall be filed with the board OR BOARDS
of county commissioners of the county OR COUNTIES in which the
proposed scientific and cultural facilities district would be
formed AT LEAST THREE MONTHS BEFORE THE GENERAL ELECTION OR THE
ELECTION HELD ON THE FIRST TUESDAY OF NOVEMBER IN AN ODDNUMBERED
YEAR, WHICHEVER IS APPLICABLE, AT WHICH IT MAY BE VOTED UPON.
(2) (a) The petition or resolution
for the formation of a scientific and cultural facilities district
shall state:
(I) The name proposed for the scientific
and cultural facilities district; and that
the boundary of said district shall follow the boundary of the
county in which said district is proposed.
(II) A DESCRIPTION OF THE GEOGRAPHICAL
AREA TO BE INCLUDED IN THE SCIENTIFIC AND CULTURAL FACILITIES
DISTRICT SUFFICIENT TO ENABLE A PROPERTY OWNER TO DETERMINE WHETHER
HIS OR HER PROPERTY LIES WITHIN THE DISTRICT.
(b) The petition or resolution for the
formation of a scientific and cultural facilities district may
state any formula or criteria concerning the distribution of sales
tax collections pursuant to section 3213110 (3); including
criteria which
THAT scientific and cultural facilities must meet in order to
receive moneys from the district which are in addition to the
criteria specified in section 3213110 (3) (a) and
(3) (b). If the petition or resolution does include such formula
or criteria and the registered electors of
the county voting on the question
vote affirmatively on the question of creation of the district
and the levy of the tax specified in paragraph (b)
(c) of subsection (1) of this section, then such formula or criteria
contained in such petition or resolution shall be binding upon
the board.
(c) The petition or resolution for the
formation of a scientific and cultural facilities district shall
state the month, day, and year on which the authority of the scientific
and cultural facilities district to levy and collect the sales
tax shall expire.
(2.5) (a) For purposes of complying
with the provisions of section 20 (4) of article X of the state
constitution, the question of whether the board of a district
created pursuant to this section shall be authorized to continue
the levy and collection of the sales tax throughout the district
upon every transaction or other incident with respect to which
a sales tax is levied by the county IN WHICH THE TRANSACTION OR
OTHER INCIDENT OCCURS, pursuant to the provisions of article 2
of title 29, C.R.S., for a period of time not to exceed ten years
from the date upon which the authority of the board to levy and
collect the sales taxes is scheduled to expire shall be initiated
by a petition signed by the registered electors of the district
in a number not less than five percent of the votes cast in the
county
EACH INCORPORATED AND UNINCORPORATED AREA INCLUDED WITHIN THE
DISTRICT for all candidates for the office of governor at the
last preceding general election or initiated by a resolution adopted
by the board of the scientific and cultural facilities district.
(b) Such petition or resolution shall
state the name of the scientific and cultural facilities district
and that the district would continue to levy and collect a uniform
sales tax throughout the geographical area of the district at
a rate not to exceed thirty onehundredths of one percent
upon every transaction or other incident with respect to which
a sales tax is levied by the county IN WHICH THE TRANSACTION OR
OTHER INCIDENT OCCURS, pursuant to the provisions of article 2
of title 29, C.R.S., for a period of time not to exceed ten years
from the date upon which the authority of the district to levy
and collect the sales tax is scheduled to expire.
(c) Such petition or resolution shall
be filed with the board OR BOARDS of county commissioners of the
county OR COUNTIES in which the scientific and cultural facilities
district is located AT LEAST THREE MONTHS BEFORE THE GENERAL ELECTION
OR THE ELECTION HELD ON THE FIRST TUESDAY OF NOVEMBER IN AN ODDNUMBERED
YEAR, WHICHEVER IS APPLICABLE, AT WHICH IT MAY BE VOTED UPON.
(3) (Deleted by amendment, L. 94, p. 476,
6, effective March 31, 1994.)
(3.5) Upon the filing of any petition
pursuant to this section, the
EACH AFFECTED board of county commissioners shall transmit the
petition to the
ITS county clerk and recorder for verification of signatures.
EACH COUNTY CLERK AND RECORDER SHALL VERIFY THE SIGNATURES OF
REGISTERED ELECTORS FROM AREAS WITHIN SUCH COUNTY WITHIN THIRTY
DAYS OF RECEIVING THE PETITION. If
the ANY county clerk and recorder
WHO declares that the petition appears not to have a sufficient
number of signatures the
county clerk and recorder
FROM AREAS WITHIN A COUNTY shall grant a fifteenday extension
to the petitioners to cure the insufficiency by filing an addendum
to the original petition for the purpose of offering the number
of signatures as will cure the insufficiency. No addendum offered
as a cure shall be considered unless the addendum conforms to
the same requirements imposed upon the original petition and unless
filed with the county clerk and recorder within the fifteenday
period after the insufficiency is declared. Any protest regarding
the verification or sufficiency of signatures on the petition
shall be made pursuant to section 140118, C.R.S.,
and any hearing or further appeals regarding such protest shall
be held in accordance with section 140119, C.R.S.
(4) (a) If a petition or resolution
for the formation of a scientific and cultural facilities district
and the levy and collection of the sales tax satisfies the requirements
specified in this section, the
EACH AFFECTED board of county commissioners shall submit, IN IDENTICAL
FORM DETERMINED BY INTERGOVERNMENTAL AGREEMENT, the question of
the organization of the scientific and cultural facilities district
at the next general election or election held on the first Tuesday
in November of an oddnumbered year, whichever is held first
after the filing of the petition or resolution. Any question
submitted shall comply with the requirements of section 20 of
article X of the state constitution, as applicable.
(b) If a petition or resolution for the
extension of the authority to levy and collect a sales tax by
the scientific and cultural facilities district satisfies the
requirements specified in this section, the question of whether
the scientific and cultural facilities district shall be authorized
to continue the levy and collection of sales tax throughout the
district shall be submitted at the next general election or election
held on the first Tuesday in November of an oddnumbered
year, whichever is held first after the filing of the petition
or resolution. Any question submitted shall comply with the requirements
of section 20 of article X of the state constitution, as applicable.
(5) (a) If at any such election a
majority of the registered electors of the county
PROPOSED DISTRICT voting on the question vote affirmatively on
the question of the creation of the district and the levy of the
tax specified in paragraph (b)
(c) of subsection (1) of this section, then the district shall
come into existence, and such tax may be levied and collected
as provided in this article. If a majority of the registered
electors of said area vote "No" on the question, the
district shall not come into existence.
(b) If at any election a majority of the registered electors within the geographical boundaries of the district voting on the question vote affirmatively on the question authorizing the district to continue the levy and collection of the sales tax specified in subsection (1) of this section until the date specified in the question, then such sales tax shall continue to be levied, collected, and distributed as provided for in this article until said date.
SECTION 3. 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 Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO