Colorado 2022 Regular Session

Colorado Senate Bill SB046 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-third General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 22-0643.01 Megan Waples x4348
8	8	SENATE BILL 22-046
9	9	Senate Committees House Committees
10	10	State, Veterans, & Military Affairs
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING THE ABILITY OF VOTERS IN THE TOWN OF PARKER IN101
14	14	D
15	15	OUGLAS COUNTY TO DETERMINE WHETHER TO BE INCLUDED IN102
16	16	THE BOUNDARIES OF THE REGIONAL TRANSPORTATION103
17	17	DISTRICT.104
18	18	Bill Summary
19	19	(Note: This summary applies to this bill as introduced and does
20	20	not reflect any amendments that may be subsequently adopted. If this bill
21	21	passes third reading in the house of introduction, a bill summary that
22	22	applies to the reengrossed version of this bill will be available at
23	23	http://leg.colorado.gov
24	24	.)
25	25	The bill allows eligible electors in the town of Parker to elect to
26	26	have all of the area within the boundaries of the town included in or
27	27	excluded from the boundaries of the regional transportation district
28	28	SENATE SPONSORSHIP
29	29	Smallwood,
30	30	HOUSE SPONSORSHIP
31	31	(None),
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
34	34	Dashes through the words indicate deletions from existing statute. (district). The bill requires that for the election to go forward, 2 separate
35	35	ballot questions must be presented to the electors, one regarding the
36	36	town's inclusion in and one regarding the town's exclusion from the
37	37	district.
38	38	The ballot questions may be initiated by petitions signed by at least
39	39	5% of the voters, or the governing body of the town of Parker may adopt
40	40	resolutions to hold elections on the ballot questions. The ballot must
41	41	include one question allowing the voters to vote for or against the
42	42	inclusion of the proposed area in the district, and one question allowing
43	43	voters to vote for or against the exclusion of the proposed area from the
44	44	district.
45	45	If one question is approved by a majority of the eligible electors
46	46	and the other question is not approved by a majority of eligible electors,
47	47	the question that was approved takes effect. If both questions are
48	48	approved by a majority of the eligible electors, only the question that
49	49	received the greater number of votes in favor of the question takes effect.
50	50	If neither question is approved by a majority of eligible electors, neither
51	51	question takes effect and the boundaries of the district remain as they
52	52	were before the election.
53	53	If the voters elect to be excluded from the district, the exclusion
54	54	takes effect on the earlier of December 31, 2050, or the date on which any
55	55	district securities that were secured by the specific pledge of proceeds of
56	56	sales taxes prior to January 1, 2022, are repaid. The district may continue
57	57	to collect sales and use tax revenues within the boundaries of the district
58	58	after the voters elect to be excluded and prior to the effective date of the
59	59	exclusion, so long as the district provides a reasonably proportionate level
60	60	of service to the town of Parker during that time.
61	61	Be it enacted by the General Assembly of the State of Colorado:1
62	62	SECTION 1. In Colorado Revised Statutes, add 32-9-106.2 as2
63	63	follows:3
64	64	32-9-106.2. District area - town of Parker in Douglas county4
65	65	- definition. (1) I
66	66	N CONSIDERATION OF THE FACT THAT VARIOUS5
67	67	NONCONTIGUOUS PARCELS OF THE TOWN OF PARKER ARE INCLUDED IN THE6
68	68	DISTRICT, THE VOTERS OF THE TOWN OF PARKER MAY ELECT TO7
69	69	CONSOLIDATE THE STATUS OF THE TOWN OF PARKER AS COMPLETELY8
70	70	INCLUDED IN OR COMPLETELY EXCLUDED FROM THE BOUNDARIES OF THE9
71	71	DISTRICT AT AN ELECTION HELD PURSUANT TO SUBSECTION (2) OF THIS10
72	72	SB22-046-2- SECTION.1
73	73	(2) P
74	74	URSUANT TO SUBSECTION (1) OF THIS SECTION, THE AREA2
75	75	INCLUDED WITHIN THE BOUNDARIES OF THE TOWN OF PARKER MAY BE3
76	76	INCLUDED IN OR EXCLUDED FROM THE DISTRICT IF THE FOLLOWING4
77	77	REQUIREMENTS ARE MET:5
78	78	(a) T
79	79	WO PROPOSALS, ONE TO INCLUDE THE AREA AND ONE TO6
80	80	EXCLUDE THE AREA, ARE INITIATED BY EITHER OF THE FOLLOWING7
81	81	METHODS:8
82	82	(I) T
83	83	WO PETITIONS, ONE REQUESTING AN ELECTION FOR THE9
84	84	PURPOSE OF INCLUDING THE AREA IN THE DISTRICT AND ONE REQUESTING10
85	85	AN ELECTION FOR THE PURPOSE OF EXCLUDING THE AREA FROM THE11
86	86	DISTRICT, ARE EACH SIGNED BY AT LEAST FIVE PERCENT OF THE12
87	87	REGISTERED ELECTORS WITHIN THE TOWN OF PARKER AND SUBMITTED TO13
88	88	THE GOVERNING BODY OF THE TOWN OF PARKER; OR14
89	89	(II) T
90	90	HE GOVERNING BODY OF THE TOWN OF PARKER ADOPTS TWO15
91	91	RESOLUTIONS, ONE TO HOLD AN ELECTION FOR THE PURPOSE OF INCLUDING16
92	92	THE AREA IN THE DISTRICT AND ONE TO HOLD AN ELECTION FOR THE17
93	93	PURPOSE OF EXCLUDING THE AREA FROM THE DISTRICT .18
94	94	(b) A
95	95	N ELECTION IS HELD AND CONDUCTED IN ACCORDANCE WITH19
96	96	ARTICLES 1 TO 13 OF TITLE 1 OR ARTICLE 10 OF TITLE 31, AS APPLICABLE,20
97	97	AND THE FOLLOWING REQUIREMENTS :21
98	98	(I) T
99	99	HE ELECTION IS HELD EITHER AT THE GENERAL ELECTION HELD22
100	100	IN NOVEMBER 2022 OR ANY REGULAR LOCAL DISTRICT ELECTION FOR THE23
101	101	TOWN OF PARKER HELD THEREAFTER, AS DETERMINED BY THE GOVERNING24
102	102	BODY OF THE TOWN OF PARKER. THE TOWN OF PARKER SHALL PAY THE25
103	103	COSTS OF SUCH ELECTIONS.26
104	104	(II) O
105	105	NE BALLOT QUESTION ALLOWS ALL OF THE REGISTERED27
106	106	SB22-046
107	107	-3- ELECTORS IN THE TOWN OF PARKER TO VOTE FOR OR AGAINST THE1
108	108	INCLUSION OF THE PROPOSED AREA IN THE DISTRICT AND ONE BALLOT2
109	109	QUESTION ALLOWS ALL OF THE REGISTERED ELECTORS IN THE TOWN OF3
110	110	P
111	111	ARKER TO VOTE FOR OR AGAINST THE EXCLUSION OF THE AREA FROM THE4
112	112	DISTRICT.5
113	113	(III) E
114	114	ACH BALLOT QUESTION SPECIFIES THAT THE AREA PROPOSED6
115	115	TO BE INCLUDED IN OR EXCLUDED FROM THE DISTRICT , AS APPLICABLE, IS7
116	116	ALL OF THE AREA WITHIN THE BOUNDARIES OF THE TOWN OF PARKER.8
117	117	(IV) E
118	118	ACH BALLOT QUESTION CONTAINS THE CURRENT RATES OF9
119	119	SALES AND USE TAX LEVIED BY THE DISTRICT.10
120	120	(V) T
121	121	HE BALLOT CONTAINS BOTH OF THE FOLLOWING QUESTIONS :11
122	122	(A) "S
123	123	HALL THE AREA DESCRIBED IN THE BALLOT BE INCLUDED IN12
124	124	THE REGIONAL TRANSPORTATION DISTRICT AND SUBJECT TO TAXATION BY13
125	125	THE DISTRICT?"; AND14
126	126	(B) "S
127	127	HALL THE AREA DESCRIBED IN THE BALLOT BE EXCLUDED15
128	128	FROM THE REGIONAL TRANSPORTATION DISTRICT AND NOT SUBJECT TO16
129	129	TAXATION BY THE DISTRICT?".17
130	130	(3) (a) I
131	131	F EITHER THE BALLOT QUESTION TO INCLUDE ALL OF THE18
132	132	AREA WITHIN THE BOUNDARIES OF THE TOWN OF PARKER IN THE DISTRICT19
133	133	OR THE BALLOT QUESTION TO EXCLUDE ALL OF THE AREA WITHIN THE20
134	134	BOUNDARIES OF THE TOWN OF PARKER FROM THE DISTRICT IS APPROVED21
135	135	BY A MAJORITY OF THE REGISTERED ELECTORS WHO VOTED IN THE22
136	136	ELECTION AND THE OTHER BALLOT QUESTION IS NOT APPROVED BY A23
137	137	MAJORITY OF THE REGISTERED ELECTORS WHO VOTED IN THE ELECTION ,24
138	138	THE BALLOT QUESTION THAT WAS APPROVED BY A MAJORITY OF THE25
139	139	REGISTERED ELECTORS WHO VOTED IN THE ELECTION TAKES EFFECT .26
140	140	(b) I
141	141	F BOTH THE BALLOT QUESTION TO INCLUDE ALL OF THE AREA27
142	142	SB22-046
143	143	-4- WITHIN THE BOUNDARIES OF THE TOWN OF PARKER IN THE DISTRICT AND1
144	144	THE BALLOT QUESTION TO EXCLUDE ALL OF THE AREA WITHIN THE2
145	145	BOUNDARIES OF THE TOWN OF PARKER FROM THE DISTRICT ARE APPROVED3
146	146	BY A MAJORITY OF THE REGISTERED ELECTORS WHO VOTED IN THE4
147	147	ELECTION, ONLY THE BALLOT QUESTION THAT RECEIVES THE LARGER5
148	148	NUMBER OF VOTES IN FAVOR OF THE QUESTION TAKES EFFECT .6
149	149	(c) I
150	150	F NEITHER THE BALLOT QUESTION TO INCLUDE ALL OF THE7
151	151	AREA WITHIN THE BOUNDARIES OF THE TOWN OF PARKER IN THE DISTRICT8
152	152	NOR THE BALLOT QUESTION TO EXCLUDE ALL OF THE AREA WITHIN THE9
153	153	BOUNDARIES OF THE TOWN OF PARKER FROM THE DISTRICT IS APPROVED10
154	154	BY A MAJORITY OF REGISTERED ELECTORS WHO VOTED IN THE ELECTION ,11
155	155	NEITHER BALLOT QUESTION TAKES EFFECT AND THE BOUNDARIES OF THE12
156	156	DISTRICT SHALL CONTINUE TO INCLUDE THE PARTS OF THE TOWN OF13
157	157	P
158	158	ARKER THAT WERE INCLUDED IN THE DISTRICT BEFORE SUCH ELECTION .14
159	159	(4) I
160	160	F THE BALLOT QUESTION TO EXCLUDE ALL OF THE AREA15
161	161	WITHIN THE BOUNDARIES OF THE TOWN OF PARKER TAKES EFFECT16
162	162	PURSUANT TO SUBSECTION (3)(a) OR (3)(b) OF THIS SECTION:17
163	163	(a) T
164	164	HE EFFECTIVE DATE OF THE EXCLUSION IS THE EARLIER OF :18
165	165	(I) D
166	166	ECEMBER 31, 2050; OR19
167	167	(II) T
168	168	HE DATE ON WHICH ALL DISTRICT SECURITIES THAT WERE20
169	169	SECURED BY THE SPECIFIC PLEDGE OF PROCEEDS OF SALES TAXES21
170	170	PURSUANT TO SECTION 32-9-131 ON OR BEFORE JANUARY 1, 2022, ARE22
171	171	REPAID.23
172	172	(b) T
173	173	HE DISTRICT MAY CONTINUE TO RECEIVE THE PROCEEDS OF24
174	174	SALES AND USE TAXES FROM THE AREA OF THE TOWN OF PARKER THAT IS25
175	175	INCLUDED IN THE BOUNDARIES OF THE DISTRICT AFTER THE BALLOT26
176	176	QUESTION TO EXCLUDE THE AREA IS ADOPTED , BUT BEFORE THE EFFECTIVE27
177	177	SB22-046
178	178	-5- DATE OF THE EXCLUSION, SO LONG AS THE DISTRICT PROVIDES THE TOWN1
179	179	OF PARKER WITH A LEVEL OF SERVICE THAT IS REASONABLY2
180	180	PROPORTIONAL TO THE AMOUNT OF SALES TAXES THAT ARE RECEIVED BY3
181	181	THE DISTRICT FROM THE AREA OF THE TOWN OF PARKER THAT IS INCLUDED4
182	182	IN THE BOUNDARIES OF THE DISTRICT. FOR PURPOSES OF THIS SECTION,5
183	183	SERVICE IS "REASONABLY PROPORTIONAL " IF THE DISTRICT'S ACTUAL6
184	184	COSTS OF PROVIDING SERVICE TO THE TOWN OF PARKER EQUALS OR7
185	185	EXCEEDS FIFTY PERCENT OF THE AMOUNT OF SALES AND USE TAXES THAT8
186	186	ARE RECEIVED BY THE DISTRICT FROM THE AREA OF THE TOWN OF PARKER9
187	187	THAT IS INCLUDED IN THE BOUNDARIES OF THE DISTRICT IN ANY GIVEN10
188	188	DISTRICT FISCAL YEAR.11
189	189	SECTION 2. In Colorado Revised Statutes, 32-9-106.1, amend12
190	190	(1)(a) introductory portion, (1)(a)(II), and (2)(e)(III) as follows:13
191	191	32-9-106.1. District area. (1) (a) Subject to the requirements of14
192	192	paragraph (b) of subsection (2) SUBSECTION (2)(b) of this section, the area15
193	193	comprising the district shall consist CONSISTS of the following:16
194	194	(II) Any additional area annexed to or included in the district after17
195	195	July 1, 2007, as provided in sections 32-9-106.2, 32-9-106.6, 32-9-106.7,18
196	196	and 32-9-106.8.19
197	197	(2) (e) (III) An annexation or inclusion of additional area into the20
198	198	district as provided in sections 32-9-106.2, 32-9-106.6, 32-9-106.7, and21
199	199	32-9-106.8 shall not become effective until the board updates the map and22
200	200	written document specified in paragraph (a) of this subsection (2)23
201	201	SUBSECTION (2)(a) OF THIS SECTION as required in subparagraph (II) of24
202	202	this paragraph (e) SUBSECTION (2)(e)(II) OF THIS SECTION.25
203	203	SECTION 3. Act subject to petition - effective date. This act26
204	204	takes effect at 12:01 a.m. on the day following the expiration of the27
205	205	SB22-046
206	206	-6- ninety-day period after final adjournment of the general assembly; except1
207	207	that, if a referendum petition is filed pursuant to section 1 (3) of article V2
208	208	of the state constitution against this act or an item, section, or part of this3
209	209	act within such period, then the act, item, section, or part will not take4
210	210	effect unless approved by the people at the general election to be held in5
211	211	November 2022 and, in such case, will take effect on the date of the6
212	212	official declaration of the vote thereon by the governor.7
213	213	SB22-046
214	214	-7-