BY SENATORS Schroeder, Bishop, Chlouber, Dennis, Johnson, Matsunaka, and Rizzuto;
also REPRESENTATIVES Dyer, Alexander, G. Berry,
Chavez, Entz, George, Hagedorn, Spradley, Sullivant, Taylor, Tucker,
and Young.
CONCERNING THE ESTABLISHMENT OF THE "RURAL TECHNOLOGY
ENTERPRISE ZONE ACT" TO INCREASE PRIVATE INVESTMENT IN TECHNOLOGY
INFRASTRUCTURE THAT IMPROVES INTERNET ACCESS IN RURAL AREAS OF
THE STATE.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Title
39, Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW ARTICLE to read:
3932101. Short title. THIS
ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "RURAL TECHNOLOGY
ENTERPRISE ZONE ACT".
3932102. Legislative declaration.
(1) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES
THAT:
(a) THE ABILITY OF THE PEOPLE IN ALL PARTS
OF THIS STATE TO ACCESS THE INTERNET, ALSO KNOWN AS THE INFORMATION
SUPERHIGHWAY, IS AN IMPORTANT COMPONENT IN THE ABILITY OF THE
STATE TO REMAIN COMPETITIVE IN THE FIELDS OF BUSINESS AND EDUCATION
AS WELL AS THE ABILITY OF GOVERNMENT TO PROVIDE SERVICES TO THESE
PEOPLE BOTH NOW AND IN THE FUTURE; AND
(b) A DISPARITY CURRENTLY EXISTS IN THE
STATE BETWEEN THE ABILITY OF PEOPLE LIVING IN URBAN AREAS AND
PEOPLE LIVING IN RURAL AREAS TO ACCESS THE INTERNET BECAUSE OF
A LACK OF ADEQUATE TECHNOLOGY, INFRASTRUCTURE, AND ADVANCE TELECOMMUNICATIONS
SERVICE IN RURAL AREAS.
(2) THE GENERAL ASSEMBLY FURTHER FINDS
AND DECLARES THAT IT IS THE POLICY OF THE STATE, IN ORDER TO PROVIDE
INCENTIVES FOR PRIVATE BUSINESSES TO INVEST IN THE INFRASTRUCTURE
NEEDED TO IMPROVE THE ABILITY OF THE PEOPLE LIVING IN RURAL AREAS
TO ACCESS THE INTERNET, TO ESTABLISH A PROGRAM TO PROVIDE A TAX
INCENTIVE TO ENTERPRISES THAT PROVIDE SUCH INFRASTRUCTURE IN DESIGNATED
AREAS TO BE KNOWN AS RURAL TECHNOLOGY ENTERPRISE ZONES.
3932103. Needs assessment
and inventory public hearing. (1) IN
ORDER TO DETERMINE THE EXTENT TO WHICH THE INTERNET CAN BE ACCESSED
IN RURAL AREAS OF THE STATE, THE PUBLIC UTILITIES COMMISSION SHALL
CONDUCT A TECHNOLOGY INFRASTRUCTURE NEEDS ASSESSMENT AND INVENTORY
IN SUCH AREAS TO DETERMINE THE STATUS OF INTERNET ACCESS IN RURAL
AREAS. SUCH NEEDS ASSESSMENT AND INVENTORY SHALL SPECIFICALLY
EXAMINE THE FOLLOWING:
(a) THE NEED AND ABILITY TO PROVIDE OR
IMPROVE INTERNET ACCESS IN RURAL AREAS IN THE STATE;
(b) THE EXISTENCE AND IDENTIFICATION OF
ANY BARRIERS THAT PREVENT OR REDUCE INTERNET ACCESS IN RURAL AREAS;
AND
(c) THE TYPES OF TECHNOLOGY INFRASTRUCTURE,
INCLUDING ADVANCED AND EMERGING TECHNOLOGIES, THAT WOULD IMPROVE
INTERNET ACCESS IN RURAL AREAS.
(2) AFTER CONDUCTING THE NEEDS AND ASSESSMENT
INVENTORY PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE PUBLIC
UTILITIES COMMISSION SHALL CONDUCT A PUBLIC HEARING ON THE DESIGNATION
OF RURAL TECHNOLOGY ENTERPRISE ZONES PURSUANT TO SECTION 3932104.
THE COMMISSION SHALL PROVIDE PUBLIC NOTICE OF SUCH HEARING TO
RESIDENTS LIVING WITHIN ANY PROPOSED RURAL TECHNOLOGY ENTERPRISE
ZONE AND TO ANY OTHER INTERESTED PARTIES THE COMMISSION MAY IDENTIFY.
THE COMMISSION SHALL CONSIDER ANY TESTIMONY OR OTHER EVIDENCE
PRESENTED AT SUCH HEARING IN DESIGNATING ANY RURAL TECHNOLOGY
ENTERPRISE ZONE PURSUANT TO SECTION 3932104.
3932104. Zones established.
(1) BASED UPON THE NEEDS AND ASSESSMENT INVENTORY
AND THE EVIDENCE RECEIVED DURING THE PUBLIC HEARING CONDUCTED
PURSUANT TO SECTION 3932103, THE PUBLIC UTILITIES
COMMISSION MAY DESIGNATE RURAL AREAS IN THE STATE AS RURAL TECHNOLOGY
ENTERPRISE ZONES. IN DESIGNATING SUCH ZONES, THE COMMISSION SHALL
SPECIFY BY RULE, BASED UPON THE NEEDS AND ASSESSMENT INVENTORY
AND THE EVIDENCE RECEIVED AT THE PUBLIC HEARING, THE SPECIFIC
TECHNOLOGY INFRASTRUCTURE NEEDS OF EACH RURAL TECHNOLOGY ENTERPRISE
ZONE AND THE TYPES OF INVESTMENTS THAT WILL MEET THOSE NEEDS.
FOR EACH RURAL TECHNOLOGY ENTERPRISE ZONE DESIGNATED PURSUANT
TO THIS SECTION, THE COMMISSION SHALL FURTHER SPECIFY THE FOLLOWING:
(a) THE BOUNDARIES OF THE RURAL TECHNOLOGY
ENTERPRISE ZONE;
(b) THE POTENTIAL FOR INCREASING INTERNET
ACCESS WITHIN THE RURAL TECHNOLOGY ENTERPRISE ZONE;
(c) THE SPECIFIC TECHNOLOGY INFRASTRUCTURE
REQUIRED TO PROVIDE ADEQUATE INTERNET ACCESS WITHIN THE ZONE AND
ANY UNIQUE NEEDS OR CHARACTERISTICS OF THE ZONE;
(d) THE SPECIFIC INVESTMENTS IN TECHNOLOGY
INFRASTRUCTURE THAT WILL QUALIFY FOR INCOME TAX CREDITS IN THE
ZONE PURSUANT TO SECTION 3932105; AND
(e) ANY OTHER INFORMATION THE COMMISSION
DEEMS PERTINENT.
3932105. Credit against
tax investment in technology infrastructure.
(1) THERE SHALL BE ALLOWED TO ANY PERSON AS A CREDIT
AGAINST THE TAX IMPOSED BY ARTICLE 22 OF THIS TITLE, FOR INCOME
TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 1999, BUT PRIOR TO
JANUARY 1, 2005, AN AMOUNT EQUAL TO TEN PERCENT OF THE AMOUNT
OF THE TOTAL INVESTMENT MADE DURING SUCH YEARS IN TECHNOLOGY INFRASTRUCTURE
REQUIRED TO PROVIDE INTERNET ACCESS IN RURAL TECHNOLOGY ENTERPRISE
ZONES. SUCH CREDIT MAY BE CLAIMED ONLY FOR SPECIFIC CAPITAL INVESTMENTS
IN TECHNOLOGY INFRASTRUCTURE THAT WILL QUALIFY FOR INCOME TAX
CREDITS IN SUCH ZONE AS SPECIFIED BY THE PUBLIC UTILITIES COMMISSION
PURSUANT TO SECTION 3932104 (1) (d). THE CREDIT CLAIMED
BY A PERSON PURSUANT TO THIS SECTION SHALL NOT EXCEED ONE HUNDRED
THOUSAND DOLLARS IN ANY ONE TAX YEAR.
(2) IF THE CREDIT ALLOWED UNDER THIS SECTION
EXCEEDS THE INCOME TAXES OTHERWISE DUE ON THE CLAIMANT'S INCOME,
THE AMOUNT OF THE CREDIT NOT USED AS AN OFFSET AGAINST INCOME
TAXES MAY BE CARRIED FORWARD AS A TAX CREDIT AGAINST SUBSEQUENT
YEARS' INCOME TAX LIABILITY FOR A PERIOD NOT TO EXCEED TEN YEARS
AND SHALL BE APPLIED FIRST TO THE EARLIEST YEARS POSSIBLE.
3932106. Report to the
general assembly. (1) THE
PUBLIC UTILITIES COMMISSION SHALL SUBMIT A REPORT TO THE HOUSE
AND SENATE BUSINESS AFFAIRS AND LABOR COMMITTEES OF THE GENERAL
ASSEMBLY ON OR BEFORE SEPTEMBER 1, 2003, OUTLINING THE PROGRESS,
IF ANY, IN IMPROVING INTERNET ACCESS WITHIN RURAL TECHNOLOGY ENTERPRISE
ZONES. SUCH REPORT SHALL INCLUDE, BUT IS NOT LIMITED TO, THE
FOLLOWING INFORMATION:
(a) AN ANALYSIS OF THE CHANGES MADE IN
TECHNOLOGY INFRASTRUCTURE IN THE RURAL TECHNOLOGY ENTERPRISE ZONES
TO IMPROVE INTERNET ACCESS AND THE EFFECTS OF THOSE CHANGES; AND
(b) ANY AVAILABLE STATISTICS, INCLUDING
STATISTICS THAT MAY BE PUBLISHED PURSUANT TO SECTION 3921113,
C.R.S., CONCERNING THE AMOUNT OF INVESTMENTS MADE IN RURAL TECHNOLOGY
ENTERPRISE ZONES.
3932107. Rules and regulations. THE
PUBLIC UTILITIES COMMISSION SHALL PROMULGATE RULES NECESSARY FOR
THE ADMINISTRATION OF SECTIONS 3932103, 3932104,
AND 3932106. THE DEPARTMENT OF REVENUE SHALL PROMULGATE
RULES NECESSARY FOR THE ADMINISTRATION OF SECTION 3932105.
RULES PROMULGATED PURSUANT TO THIS SECTION SHALL BE PROMULGATED
IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S.
SECTION 2. No appropriation. The
general assembly has determined that this act can be implemented
within existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.
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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO