BY SENATORS Ament and Lamborn;
also REPRESENTATIVES C. Berry, Agler, Arrington,
Gotlieb, Grampsas, Lawrence, McPherson, Owen, Spradley, and T.
Williams.
CONCERNING THE SPECIFICATION OF CERTAIN BUSINESS
PROPERTY INSTALLED THROUGH REAL PROPERTY AS PERSONAL PROPERTY
FOR PROPERTY TAX PURPOSES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 391102
(11), Colorado Revised Statutes, is amended to read:
391102. Definitions. As
used in articles 1 to 13 of this title, unless the context otherwise
requires:
(11) "Personal property" means
everything which
THAT is the subject of ownership and which
THAT is not included within the term "real property".
"Personal property" includes machinery, equipment,
and other articles related to a commercial or industrial operation
which
THAT are either affixed or not affixed to the real property for
proper utilization of such articles. EXCEPT AS OTHERWISE SPECIFIED
IN ARTICLES 1 TO 13 OF THIS TITLE, ANY PIPELINE, TELECOMMUNICATIONS
LINE, UTILITY LINE, CABLE TELEVISION LINE, OR OTHER SIMILAR BUSINESS
ASSET OR ARTICLE INSTALLED THROUGH AN EASEMENT, RIGHTOFWAY,
OR LEASEHOLD FOR THE PURPOSE OF COMMERCIAL OR INDUSTRIAL OPERATION
AND NOT FOR THE ENHANCEMENT OF REAL PROPERTY SHALL BE DEEMED TO
BE PERSONAL PROPERTY, INCLUDING, WITHOUT LIMITATION, OIL AND GAS
DISTRIBUTION AND TRANSMISSION PIPELINES, GATHERING SYSTEM PIPELINES,
FLOW LINES, PROCESS LINES, AND RELATED WATER PIPELINE COLLECTION,
TRANSPORTATION, AND DISTRIBUTION SYSTEMS. STRUCTURES AND OTHER
BUILDINGS INSTALLED ON AN EASEMENT, RIGHTOFWAY, OR
LEASEHOLD THAT ARE NOT SPECIFICALLY REFERENCED IN THIS SUBSECTION
(11) SHALL BE DEEMED TO BE IMPROVEMENTS PURSUANT TO SUBSECTION
(7) OF THIS SECTION.
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 provisions of this
act.
SECTION 3. Effective
date applicability. This act shall
take effect upon passage, and shall apply to property tax obligations
for property tax years commencing on or after January 1, 1998.
SECTION 4. 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