First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0918.01 Jed Franklin x5484 SENATE BILL 25-272 Senate Committees House Committees Transportation & Energy A BILL FOR AN ACT C ONCERNING A SALES AND USE TAX EXEMPTION FOR CONSTRUCTION101 MATERIALS USED IN CREATING HOUSING FOR A REGIONAL102 TRANSPORTATION AUTHORITY 'S STAFF.103 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 establishes a sales tax exemption for contractors and subcontractors that purchase construction and building materials for use in the building, erection, alteration, or repair of structures owned and used by a regional transportation authority (authority) to house authority employees or contractors. The bill also establishes a use tax exemption SENATE SPONSORSHIP Winter F. and Catlin, 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 law. Dashes through the words or numbers indicate deletions from existing law. for the storage, use, or consumption by a contractor or subcontractor of construction and building materials for use in the building, erection, alteration, or repair of such structures. The bill authorizes an authority or an authority's board to build, erect, alter, or repair such structures for the purpose of housing employees or contractors of a regional transportation authority. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 39-26-708, amend2 (1) introductory portion, (1)(a), (2) introductory portion, and (2)(a) as3 follows:4 39-26-708. Construction and building materials - legislative5 declaration - definition. (1) There shall be exempt from taxation under6 the provisions of part 1 of this article ARTICLE 26 all sales of construction7 and building materials to contractors and subcontractors for use in the8 building, erection, alteration, or repair of structures, highways, roads,9 streets, and other public works owned and used by:10 (a) (I) The United States government, the state of Colorado, its11 departments and institutions, and the ITS political subdivisions thereof in12 their governmental capacities only;13 (II) A S USED IN THIS SUBSECTION (1)(a), "GOVERNMENTAL14 CAPACITIES" INCLUDES THE BUILDING, ERECTION, ALTERATION, OR REPAIR15 OF STRUCTURES TO HOUSE EMPLOYEES OR CONTRACTORS OF A REGIONAL16 TRANSPORTATION AUTHORITY , AS ALLOWED BY SECTIONS 43-4-604 (3)(j)17 AND 43-4-605 (1)(l);18 (2) There shall be exempt from taxation under the provisions of 19 part 2 of this article ARTICLE 26 the storage, use, or consumption by a20 contractor or subcontractor of construction and building materials for use21 in the building, erection, alteration, or repair of structures, highways,22 SB25-272-2- roads, streets, and other public works owned and used by:1 (a) (I) The United States government, the state of Colorado, its2 departments and institutions, and the ITS political subdivisions thereof in3 their governmental capacities only;4 (II) A S USED IN THIS SUBSECTION (2)(a), "GOVERNMENTAL5 CAPACITIES" INCLUDES THE BUILDING, ERECTION, ALTERATION, OR REPAIR6 OF STRUCTURES TO HOUSE EMPLOYEES OR CONTRACTORS OF A REGIONAL7 TRANSPORTATION AUTHORITY , AS ALLOWED BY SECTIONS 43-4-604 (3)(j)8 AND 43-4-605 (1)(l);9 SECTION 2. In Colorado Revised Statutes, 43-4-604, amend10 (3)(h) and (3)(i); and add (3)(j) as follows:11 43-4-604. Board of directors. (3) The board, in addition to all12 other powers conferred by this part 6, has the following powers:13 (h) To appoint advisory committees and define the duties thereof;14 and 15 (i) As applicable, to amend the contract that created the authority16 to the extent that any amendment procedures specified in the contract17 pursuant to section 43-4-603 (2)(f) authorize the board, rather than the18 members of the combination that are parties to the contract, to amend the19 contract or to amend or replace the resolution authorizing the20 transportation planning organization to exercise the powers of an21 authority adopted as authorized by section 43-4-622; AND22 (j) T O BUILD, ERECT, ALTER, OR REPAIR STRUCTURES FOR THE23 PURPOSE OF HOUSING EMPLOYEES OR CONTRACTORS OF AN AUTHORITY .24 SECTION 3. In Colorado Revised Statutes, 43-4-605, add (1)(l)25 as follows:26 43-4-605. Powers of the authority - inclusion or exclusion of27 SB25-272 -3- property - determination of regional transportation system alignment1 - fund created - repeal. (1) In addition to any other powers granted to2 an authority pursuant to this part 6, an authority has the following powers:3 (l) T O BUILD, ERECT, ALTER, OR REPAIR STRUCTURES FOR THE4 PURPOSE OF HOUSING EMPLOYEES OR CONTRACTORS OF AN AUTHORITY .5 SECTION 4. Safety clause. The general assembly finds,6 determines, and declares that this act is necessary for the immediate7 preservation of the public peace, health, or safety or for appropriations for8 the support and maintenance of the departments of the state and state9 institutions.10 SB25-272 -4-