Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0643.01 Megan Waples x4348
SENATE BILL 22-046
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
C
ONCERNING THE ABILITY OF VOTERS IN THE TOWN OF PARKER IN101
D
OUGLAS COUNTY TO DETERMINE WHETHER TO BE INCLUDED IN102
THE BOUNDARIES OF THE REGIONAL TRANSPORTATION103
DISTRICT.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill allows eligible electors in the town of Parker to elect to
have all of the area within the boundaries of the town included in or
excluded from the boundaries of the regional transportation district
SENATE SPONSORSHIP
Smallwood,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. (district). The bill requires that for the election to go forward, 2 separate
ballot questions must be presented to the electors, one regarding the
town's inclusion in and one regarding the town's exclusion from the
district.
The ballot questions may be initiated by petitions signed by at least
5% of the voters, or the governing body of the town of Parker may adopt
resolutions to hold elections on the ballot questions. The ballot must
include one question allowing the voters to vote for or against the
inclusion of the proposed area in the district, and one question allowing
voters to vote for or against the exclusion of the proposed area from the
district.
If one question is approved by a majority of the eligible electors
and the other question is not approved by a majority of eligible electors,
the question that was approved takes effect. If both questions are
approved by a majority of the eligible electors, only the question that
received the greater number of votes in favor of the question takes effect.
If neither question is approved by a majority of eligible electors, neither
question takes effect and the boundaries of the district remain as they
were before the election.
If the voters elect to be excluded from the district, the exclusion
takes effect on the earlier of December 31, 2050, or the date on which any
district securities that were secured by the specific pledge of proceeds of
sales taxes prior to January 1, 2022, are repaid. The district may continue
to collect sales and use tax revenues within the boundaries of the district
after the voters elect to be excluded and prior to the effective date of the
exclusion, so long as the district provides a reasonably proportionate level
of service to the town of Parker during that time.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 32-9-106.2 as2
follows:3
32-9-106.2. District area - town of Parker in Douglas county4
- definition. (1) I
N CONSIDERATION OF THE FACT THAT VARIOUS5
NONCONTIGUOUS PARCELS OF THE TOWN OF PARKER ARE INCLUDED IN THE6
DISTRICT, THE VOTERS OF THE TOWN OF PARKER MAY ELECT TO7
CONSOLIDATE THE STATUS OF THE TOWN OF PARKER AS COMPLETELY8
INCLUDED IN OR COMPLETELY EXCLUDED FROM THE BOUNDARIES OF THE9
DISTRICT AT AN ELECTION HELD PURSUANT TO SUBSECTION (2) OF THIS10
SB22-046-2- SECTION.1
(2) P
URSUANT TO SUBSECTION (1) OF THIS SECTION, THE AREA2
INCLUDED WITHIN THE BOUNDARIES OF THE TOWN OF PARKER MAY BE3
INCLUDED IN OR EXCLUDED FROM THE DISTRICT IF THE FOLLOWING4
REQUIREMENTS ARE MET:5
(a) T
WO PROPOSALS, ONE TO INCLUDE THE AREA AND ONE TO6
EXCLUDE THE AREA, ARE INITIATED BY EITHER OF THE FOLLOWING7
METHODS:8
(I) T
WO PETITIONS, ONE REQUESTING AN ELECTION FOR THE9
PURPOSE OF INCLUDING THE AREA IN THE DISTRICT AND ONE REQUESTING10
AN ELECTION FOR THE PURPOSE OF EXCLUDING THE AREA FROM THE11
DISTRICT, ARE EACH SIGNED BY AT LEAST FIVE PERCENT OF THE12
REGISTERED ELECTORS WITHIN THE TOWN OF PARKER AND SUBMITTED TO13
THE GOVERNING BODY OF THE TOWN OF PARKER; OR14
(II) T
HE GOVERNING BODY OF THE TOWN OF PARKER ADOPTS TWO15
RESOLUTIONS, ONE TO HOLD AN ELECTION FOR THE PURPOSE OF INCLUDING16
THE AREA IN THE DISTRICT AND ONE TO HOLD AN ELECTION FOR THE17
PURPOSE OF EXCLUDING THE AREA FROM THE DISTRICT .18
(b) A
N ELECTION IS HELD AND CONDUCTED IN ACCORDANCE WITH19
ARTICLES 1 TO 13 OF TITLE 1 OR ARTICLE 10 OF TITLE 31, AS APPLICABLE,20
AND THE FOLLOWING REQUIREMENTS :21
(I) T
HE ELECTION IS HELD EITHER AT THE GENERAL ELECTION HELD22
IN NOVEMBER 2022 OR ANY REGULAR LOCAL DISTRICT ELECTION FOR THE23
TOWN OF PARKER HELD THEREAFTER, AS DETERMINED BY THE GOVERNING24
BODY OF THE TOWN OF PARKER. THE TOWN OF PARKER SHALL PAY THE25
COSTS OF SUCH ELECTIONS.26
(II) O
NE BALLOT QUESTION ALLOWS ALL OF THE REGISTERED27
SB22-046
-3- ELECTORS IN THE TOWN OF PARKER TO VOTE FOR OR AGAINST THE1
INCLUSION OF THE PROPOSED AREA IN THE DISTRICT AND ONE BALLOT2
QUESTION ALLOWS ALL OF THE REGISTERED ELECTORS IN THE TOWN OF3
P
ARKER TO VOTE FOR OR AGAINST THE EXCLUSION OF THE AREA FROM THE4
DISTRICT.5
(III) E
ACH BALLOT QUESTION SPECIFIES THAT THE AREA PROPOSED6
TO BE INCLUDED IN OR EXCLUDED FROM THE DISTRICT , AS APPLICABLE, IS7
ALL OF THE AREA WITHIN THE BOUNDARIES OF THE TOWN OF PARKER.8
(IV) E
ACH BALLOT QUESTION CONTAINS THE CURRENT RATES OF9
SALES AND USE TAX LEVIED BY THE DISTRICT.10
(V) T
HE BALLOT CONTAINS BOTH OF THE FOLLOWING QUESTIONS :11
(A) "S
HALL THE AREA DESCRIBED IN THE BALLOT BE INCLUDED IN12
THE REGIONAL TRANSPORTATION DISTRICT AND SUBJECT TO TAXATION BY13
THE DISTRICT?"; AND14
(B) "S
HALL THE AREA DESCRIBED IN THE BALLOT BE EXCLUDED15
FROM THE REGIONAL TRANSPORTATION DISTRICT AND NOT SUBJECT TO16
TAXATION BY THE DISTRICT?".17
(3) (a) I
F EITHER THE BALLOT QUESTION TO INCLUDE ALL OF THE18
AREA WITHIN THE BOUNDARIES OF THE TOWN OF PARKER IN THE DISTRICT19
OR THE BALLOT QUESTION TO EXCLUDE ALL OF THE AREA WITHIN THE20
BOUNDARIES OF THE TOWN OF PARKER FROM THE DISTRICT IS APPROVED21
BY A MAJORITY OF THE REGISTERED ELECTORS WHO VOTED IN THE22
ELECTION AND THE OTHER BALLOT QUESTION IS NOT APPROVED BY A23
MAJORITY OF THE REGISTERED ELECTORS WHO VOTED IN THE ELECTION ,24
THE BALLOT QUESTION THAT WAS APPROVED BY A MAJORITY OF THE25
REGISTERED ELECTORS WHO VOTED IN THE ELECTION TAKES EFFECT .26
(b) I
F BOTH THE BALLOT QUESTION TO INCLUDE ALL OF THE AREA27
SB22-046
-4- WITHIN THE BOUNDARIES OF THE TOWN OF PARKER IN THE DISTRICT AND1
THE BALLOT QUESTION TO EXCLUDE ALL OF THE AREA WITHIN THE2
BOUNDARIES OF THE TOWN OF PARKER FROM THE DISTRICT ARE APPROVED3
BY A MAJORITY OF THE REGISTERED ELECTORS WHO VOTED IN THE4
ELECTION, ONLY THE BALLOT QUESTION THAT RECEIVES THE LARGER5
NUMBER OF VOTES IN FAVOR OF THE QUESTION TAKES EFFECT .6
(c) I
F NEITHER THE BALLOT QUESTION TO INCLUDE ALL OF THE7
AREA WITHIN THE BOUNDARIES OF THE TOWN OF PARKER IN THE DISTRICT8
NOR THE BALLOT QUESTION TO EXCLUDE ALL OF THE AREA WITHIN THE9
BOUNDARIES OF THE TOWN OF PARKER FROM THE DISTRICT IS APPROVED10
BY A MAJORITY OF REGISTERED ELECTORS WHO VOTED IN THE ELECTION ,11
NEITHER BALLOT QUESTION TAKES EFFECT AND THE BOUNDARIES OF THE12
DISTRICT SHALL CONTINUE TO INCLUDE THE PARTS OF THE TOWN OF13
P
ARKER THAT WERE INCLUDED IN THE DISTRICT BEFORE SUCH ELECTION .14
(4) I
F THE BALLOT QUESTION TO EXCLUDE ALL OF THE AREA15
WITHIN THE BOUNDARIES OF THE TOWN OF PARKER TAKES EFFECT16
PURSUANT TO SUBSECTION (3)(a) OR (3)(b) OF THIS SECTION:17
(a) T
HE EFFECTIVE DATE OF THE EXCLUSION IS THE EARLIER OF :18
(I) D
ECEMBER 31, 2050; OR19
(II) T
HE DATE ON WHICH ALL DISTRICT SECURITIES THAT WERE20
SECURED BY THE SPECIFIC PLEDGE OF PROCEEDS OF SALES TAXES21
PURSUANT TO SECTION 32-9-131 ON OR BEFORE JANUARY 1, 2022, ARE22
REPAID.23
(b) T
HE DISTRICT MAY CONTINUE TO RECEIVE THE PROCEEDS OF24
SALES AND USE TAXES FROM THE AREA OF THE TOWN OF PARKER THAT IS25
INCLUDED IN THE BOUNDARIES OF THE DISTRICT AFTER THE BALLOT26
QUESTION TO EXCLUDE THE AREA IS ADOPTED , BUT BEFORE THE EFFECTIVE27
SB22-046
-5- DATE OF THE EXCLUSION, SO LONG AS THE DISTRICT PROVIDES THE TOWN1
OF PARKER WITH A LEVEL OF SERVICE THAT IS REASONABLY2
PROPORTIONAL TO THE AMOUNT OF SALES TAXES THAT ARE RECEIVED BY3
THE DISTRICT FROM THE AREA OF THE TOWN OF PARKER THAT IS INCLUDED4
IN THE BOUNDARIES OF THE DISTRICT. FOR PURPOSES OF THIS SECTION,5
SERVICE IS "REASONABLY PROPORTIONAL " IF THE DISTRICT'S ACTUAL6
COSTS OF PROVIDING SERVICE TO THE TOWN OF PARKER EQUALS OR7
EXCEEDS FIFTY PERCENT OF THE AMOUNT OF SALES AND USE TAXES THAT8
ARE RECEIVED BY THE DISTRICT FROM THE AREA OF THE TOWN OF PARKER9
THAT IS INCLUDED IN THE BOUNDARIES OF THE DISTRICT IN ANY GIVEN10
DISTRICT FISCAL YEAR.11
SECTION 2. In Colorado Revised Statutes, 32-9-106.1, amend12
(1)(a) introductory portion, (1)(a)(II), and (2)(e)(III) as follows:13
32-9-106.1. District area. (1) (a) Subject to the requirements of14
paragraph (b) of subsection (2) SUBSECTION (2)(b) of this section, the area15
comprising the district shall consist CONSISTS of the following:16
(II) Any additional area annexed to or included in the district after17
July 1, 2007, as provided in sections 32-9-106.2, 32-9-106.6, 32-9-106.7,18
and 32-9-106.8.19
(2) (e) (III) An annexation or inclusion of additional area into the20
district as provided in sections 32-9-106.2, 32-9-106.6, 32-9-106.7, and21
32-9-106.8 shall not become effective until the board updates the map and22
written document specified in paragraph (a) of this subsection (2)23
SUBSECTION (2)(a) OF THIS SECTION as required in subparagraph (II) of24
this paragraph (e) SUBSECTION (2)(e)(II) OF THIS SECTION.25
SECTION 3. Act subject to petition - effective date. This act26
takes effect at 12:01 a.m. on the day following the expiration of the27
SB22-046
-6- ninety-day period after final adjournment of the general assembly; except1
that, if a referendum petition is filed pursuant to section 1 (3) of article V2
of the state constitution against this act or an item, section, or part of this3
act within such period, then the act, item, section, or part will not take4
effect unless approved by the people at the general election to be held in5
November 2022 and, in such case, will take effect on the date of the6
official declaration of the vote thereon by the governor.7
SB22-046
-7-