Colorado 2025 Regular Session

Colorado Senate Bill SB173 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0786.02 Pierce Lively x2059
8	8		SENATE BILL 25-173
9	9		Senate Committees House Committees
10	10		Finance
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING THE CLASSIFICATION OF CERTAIN STATE REVENUE FOR101
15	15		PURPOSES OF CALCULATING ST ATE FISCAL YEAR SPENDING102
16	16		PURSUANT TO SECTION 20 OF ARTICLE X OF THE STATE103
17	17		CONSTITUTION, AND, IN CONNECTION THEREWITH , CLARIFYING104
18	18		THE STATUTORY DEFINITIONS OF DAMAGE AWARDS AND105
19	19		PROPERTY SALE FOR PURPOSES OF CALCULATING STATE FISCAL106
20	20		YEAR SPENDING.107
21	21		Bill Summary
22	22		(Note: This summary applies to this bill as introduced and does
23	23		not reflect any amendments that may be subsequently adopted. If this bill
24	24		passes third reading in the house of introduction, a bill summary that
25	25		applies to the reengrossed version of this bill will be available at
26	26		http://leg.colorado.gov
27	27		.)
28	28		SENATE
29		-	3rd Reading Unamended
30		-	March 19, 2025
31		-	SENATE
32	29		Amended 2nd Reading
33	30		March 18, 2025
34	31		SENATE SPONSORSHIP
35		-	Weissman, Ball, Coleman, Cutter, Exum, Gonzales J., Hinrichsen, Jodeh, Kipp, Kolker,
36		-	Marchman, Michaelson Jenet, Sullivan, Winter F.
	32	+	Weissman,
37	33		HOUSE SPONSORSHIP
38	34		Garcia and Zokaie,
39	35		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
40	36		Capital letters or bold & italic numbers indicate new material to be added to existing law.
41	37		Dashes through the words or numbers indicate deletions from existing law. Section 20 of article X of the state constitution (TABOR) defines
42	38		"fiscal year spending" as not including either "damage awards" or
43	39		"property sales". Although TABOR does not define either "damage
44	40		award" or "property sale", the TABOR implementing statutes do. The bill
45	41		clarifies both of these definitions for state fiscal years commencing on or
46	42		after July 1, 2024.
47	43		The bill clarifies that "damage award", as used for the purpose of
48	44		determining whether specific money received by the state is subject to the
49	45		TABOR limitation on state fiscal year spending, includes certain civil
50	46		penalties imposed by the state.
51	47		The bill also clarifies that "property sale", as used for the purpose
52	48		of determining whether specific money received by the state is subject to
53	49		the TABOR limitation on state fiscal year spending, includes certain
54	50		specified sales by the state.
55	51		Be it enacted by the General Assembly of the State of Colorado:1
56	52		SECTION 1. Legislative declaration. (1) The general assembly2
57	53		finds and declares that:3
58	54		(a) Section 20 (2)(e) of article X of the state constitution exempts4
59	55		"damage awards" and "property sales" from "fiscal year spending", as5
60	56		defined in section 20 (2)(e) of article X of the state constitution;6
61	57		(b) Under the existing statutory definition of "damage award",7
62	58		some money that the state collects as fines or penalties for violations of8
63	59		certain legal requirements is treated as state fiscal year spending when9
64	60		determining whether the state has exceeded the state's fiscal year10
65	61		spending limit despite the constitutional exemption for such collections; 11
66	62		(c) It is inconsistent with section 20 of article X of the state12
67	63		constitution to treat money that the state collects as fines or penalties for13
68	64		violations of certain legal requirements as state revenue in light of the14
69	65		specific exemption for "damage awards";15
70	66		(d) Under the existing statutory definition of "property sales",16
71	67		some money that the state collects from sales of tangible or intangible17
72	68		173-2- assets is treated as state fiscal year spending when determining whether1
73	69		the state has exceeded the state's fiscal year spending limit despite the2
74	70		constitutional exemption for such collections;3
75	71		(e) It is inconsistent with section 20 of article X of the state4
76	72		constitution to treat money that the state collects from sales of tangible or5
77	73		intangible assets as state fiscal year spending in light of the specific6
78	74		exemption for "property sales"; and7
79	75		(f) Nothing in this act operates to exclude any money that has8
80	76		been included as "damage awards" or "property sales" under the9
81	77		preexisting definitions of those terms from the clarified definitions of10
82	78		those terms in this act - that money continues to be included in these11
83	79		clarified definitions.12
84	80		SECTION 2. In Colorado Revised Statutes, 24-77-102, amend13
85	81		(2) and (11) as follows:14
86	82		24-77-102. Definitions. As used in this article 77, unless the15
87	83		context otherwise requires:16
88	84		(2) "Damage award" means any pecuniary compensation received17
89	85		by the state as a result of:18
90	86		(a) Any judgment or allowance in favor of the state;
91	87		AND19
92	88		(b) F
93	89		OR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1,20
94	90		2024:21
95	91		(I) A
96	92		CIVIL MONETARY PENALTY ASSESSED BY THE DEPARTMENT22
97	93		OF HEALTH CARE POLICY AND FINANCING PURSUANT TO SECTION23
98	94		25.5-6-205;24
99	95		(II) A
100	96		CIVIL MONETARY PENALTY IMPOSED BY THE DIVISION OF25
101	97		ADMINISTRATION OF THE DEPARTMENT OF PUBLIC HEALTH AND26
102	98		ENVIRONMENT PURSUANT TO SECTION 25-8-608;27
103	99		173
104	100		-3- (III) A MONETARY PENALTY IMPOSED BY THE ENERGY AND1
105	101		CARBON MANAGEMENT COMMISSION PURSUANT TO SECTION 34-60-1212
106	102		(1);3
107	103		(IV) A
108	104		MONETARY FINE OR PENALTY COLLECTED BY THE DIVISION4
109	105		OF ADMINISTRATION OF THE DEPARTMENT OF PUBLIC HEALTH AND5
110	106		ENVIRONMENT PURSUANT TO SECTION 25-7-115, 25-7-122, OR 25-7-1236
111	107		AND DEPOSITED IN THE COMMUNITY IMPACT CASH FUND CREATED IN7
112	108		SECTION 25-7-129; AND8
113	109		(V) A
114	110		MONETARY PENALTY COLLECTED BY THE DIVISION OF LABOR9
115	111		STANDARDS AND STATISTICS OF THE DEPARTMENT OF LABOR AND10
116	112		PURSUANT TO SECTION 8-1-114.11
117	113		(11) "Property sale" means:12
118	114		(a) Any transfer of the ownership of an estate in tangible assets or13
119	115		intangible rights, excluding leasehold interests, in which or to which the14
120	116		state has rights protected by law from the state to any party for15
121	117		consideration; or
122	118		16
123	119		(b) Any contract resulting in the payment of pecuniary17
124	120		compensation to the state for permitting another to exploit, use, or market18
125	121		nonrenewable natural resources which are located on real property owned19
126	122		by the state and which are subject to depletion with use;
127	123		OR20
128	124		(c) F
129	125		OR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1,21
130	126		2024,
131	127		A TRANSFER OF RIGHTS IN TANGIBLE OR INTANGIBLE PROPERTY ,22
132	128		EXCLUDING LEASEHOLD INTERESTS , IN WHICH OR TO WHICH THE STATE23
133	129		HAS RIGHTS PROTECTED BY LAW FROM THE STATE TO ANY PARTY FOR24
134	130		CONSIDERATION. SUCH A TRANSFER OF RIGHTS INCLUDES:25
135	131		(I) M
136	132		ERCHANDISE SALES
137	133		AT THE HISTORY COLORADO CENTER;26
138	134		(II) M
139	135		ERCHANDISE SALES
140	136		AT STATE HISTORICAL SOCIETY27
141	137		173
142	138		-4- MUSEUMS OTHER THAN THE HISTORY COLORADO CENTER;1
143	139		(III) S
144	140		ALES OF SUPPLIES RELATED TO AGRICULTURAL INSPECTIONS ;2
145	141		(IV) S
146	142		ALES OF SUPPLIES RELATED TO WILDFIRE EQUIPMENT REPAIR; 3
147	143		(V) S
148	144		ALES OF SUPPLIES RELATED TO PESTICIDE INSPECTIONS ;4
149	145		(VI) S
150	146		ALES RELATED TO THE CORRECTIONAL EDUCATION PROGRAM5
151	147		ESTABLISHED IN SECTION 17-32-105;6
152	148		(VII) S
153	149		ALES RELATED TO THE BUSINESS ENTERPRISE PROGRAM7
154	150		CREATED IN PART 2 OF ARTICLE 84 OF TITLE 8;8
155	151		(VIII) N
156	152		ON-CONCESSION SALES AT THE COLORADO STATE FAIR;9
157	153		AND10
158	154		(IX) T
159	155		HE SALE OF WINE FOR PROMOTIONAL PURPOSES BY THE11
160	156		C
161	157		OLORADO WINE INDUSTRY DEVELOPMENT BOARD , CREATED IN ARTICLE12
162	158		29.5
163	159		OF TITLE 35.13
164	160		SECTION 3. Safety clause. The general assembly finds,14
165	161		determines, and declares that this act is necessary for the immediate15
166	162		preservation of the public peace, health, or safety or for appropriations for16
167	163		the support and maintenance of the departments of the state and state17
168	164		institutions.18
169	165		173
170	166		-5-