C.R.S. Section 32-9-119.4
Election for a sales tax rate increase

  • petition requirement

(1)

For purposes of complying with the provisions of section 20 (4) of article X of the state constitution and upon receipt of a notice from the secretary of state stating that a valid petition has been filed and verified and the adoption by the board of an appropriate resolution, the board may submit to the registered electors within the geographical boundaries of the district at any general election or election held in November of an odd-numbered year, the ballot question set forth in subsection (3) of this section.

(2)

A valid petition:

(a)

Shall request that the board submit the ballot question set forth in subsection (3) of this section to the registered electors within the geographical boundaries of the district;

(b)

Shall be signed by a number of such registered electors equal to at least five percent of the total number of votes cast within the geographical boundaries of the district for all candidates for the office of secretary of state at the previous general election; and

(c)

Shall have the required signatures verified by the secretary of state in accordance with subsection (4) of this section.

(3)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in paragraph (b) of this subsection (3), the ballot question to be submitted by the board pursuant to subsection (1) of this section shall be as follows:
“Shall regional transportation district taxes be increased (first full fiscal year dollar increase) annually and by whatever additional amounts are raised annually thereafter by increasing the rate of sales tax levied by the district by four-tenths of one percent, from the current six-tenths of one percent to one percent commencing January 1 (first calendar year that commences after the election at which the ballot question is submitted), and, in connection therewith, shall regional transportation district debt be increased (principal amount), with a repayment cost of (maximum total district cost) with all proceeds of debt and taxes to be used and spent for the construction and operation of a fixed guideway mass transit system, the construction of additional park-n-ride lots, the expansion and improvement of existing park-n-ride lots, and increased bus service, including the use of smaller buses and vans and alternative fuel vehicles as appropriate, as specified in the transit expansion plan adopted by the board of directors of the district on or before (specified date) and shall debt be evidenced by bonds, notes, or other multiple-fiscal year obligations including refunding bonds that may be issued as a lower or higher rate of interest and including debt that may have a redemption prior to maturity with or without payment of a premium, payable from all revenues generated by said tax increase, federal funds, investment income, public and private contributions, and other revenues as the board may determine, and with such revenues raised by the sales tax rate increase and the proceeds of debt obligations and any investment income on such revenues and proceeds being exempt from the revenue and spending restrictions contained in section 20 of article X of the Colorado constitution until such time as all debt is repaid when the rate of tax will be decreased to that amount necessary for the continued operation of the system but not less than six-tenths of one percent?”

(b)

The ballot question set forth in paragraph (a) of this subsection (3) may be modified by the proponents of a petition or by the district to the extent necessary to conform to the legal requirements for ballot questions and titles.

(c)

If at any election a majority of the registered electors within the geographical boundaries of the district voting on the ballot question vote affirmatively on the ballot question specified in paragraph (a) of this subsection (3), then the rate of sales tax levied by the district shall be increased by four-tenths of one percent to a rate of one percent.

(4)

The provisions of article 40 of title 1, C.R.S., regarding the following subject matter shall apply to petitions that may be submitted pursuant to this section: Form requirements and approval; circulation of petitions; elector information and signatures on petitions; affidavits and requirements of circulators of petitions; and verification of signatures, including, but not limited to, cure of an insufficiency of signatures and protests regarding sufficiency statements and procedures for hearings or further appeals regarding such protests. The provisions of article 40 of title 1, C.R.S., regarding review and comment, the setting of a ballot title, including, but not limited to, the duties of the title board, rehearings and appeals, and the number of signatures required shall not apply to petitions that may be submitted pursuant to this section.

(5)

Any petition shall be filed with the secretary of state at least ninety days before the election at which the ballot question specified in the petition is to be submitted to the registered electors within the geographical boundaries of the district. Notice of any question to be submitted to the registered electors within the geographical boundaries of the district after verification of the signatures on any petition filed with the secretary of state and at which election such question shall be submitted shall be filed by the board in the office of the secretary of state prior to fifty-five days before the election.

(6)

Prior to the general election at which any question is to be submitted to the registered electors pursuant to subsection (1) of this section, the board shall hold at least two public hearings in each of the counties included, in whole or in part, within the district.

(7)

Intentionally left blank —Ed.

(a)

No public moneys from the state or any city, town, city and county, or county shall be expended by the public entity or by any private entity or private person to advertise, promote, or purchase commercial promotion or advertisement to urge electors to vote in favor of or against any question submitted at an election pursuant to the provisions of this section.

(b)

No question submitted to eligible electors of the district pursuant to this section shall obligate any funds of the department of transportation, nor shall the approval of a question by the eligible electors be construed as creating any commitment or obligation of funds of the department.

(8)

If at any election a majority of the registered electors within the geographical boundaries of the district voting on the question vote in the affirmative on a ballot question to increase the rate of sales tax levied by the district and then, in a corresponding or subsequent election, a majority of the registered electors within the geographical boundaries of the district voting on the question vote in the affirmative to lower the rate of sales tax levied by the district, the district shall decrease the rate of the sales tax to six-tenths of one percent or to an amount necessary to repay all indebtedness of the district obligated under the approved sales tax increase, including any costs incurred with regard to necessary debt repayment brought on by a corresponding or subsequent sales tax reduction, and following such repayment to six-tenths of one percent.

Source: Section 32-9-119.4 — Election for a sales tax rate increase - petition requirement, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-32.­pdf (accessed Oct. 20, 2023).

32‑9‑101
Short title
32‑9‑102
Legislative declaration
32‑9‑103
Definitions
32‑9‑104
Liberal construction
32‑9‑105
Creation of district
32‑9‑106.1
District area
32‑9‑106.6
Additional district areas as a result of annexation
32‑9‑106.7
Additional district area - petition or election - required filings - definitions
32‑9‑106.8
Additional district areas - annexation of unincorporated territory that is entirely surrounded by the district
32‑9‑106.9
District area - town of Castle Rock in Douglas county
32‑9‑107
Mass transportation system
32‑9‑107.5
Regional fixed guideway mass transit system - authorization
32‑9‑107.7
Regional fixed guideway mass transit systems - construction - authorization
32‑9‑109.5
Board of directors - membership - powers
32‑9‑111
Election of directors - dates - terms
32‑9‑112
Vacancies - appointments - recall
32‑9‑113
Fidelity bonds
32‑9‑114
Board’s administrative powers
32‑9‑115
Records of board - audits
32‑9‑116
Meetings of board
32‑9‑117
Compensation of directors
32‑9‑118
Conflicts in interest prohibited
32‑9‑119
Additional powers of district
32‑9‑119.1
Transportation expansion plan - utility relocation - legislative declaration - definitions
32‑9‑119.3
Elections for sales tax rate increase
32‑9‑119.4
Election for a sales tax rate increase - petition requirement
32‑9‑119.5
Competition to provide vehicular service within the regional transportation district - definition
32‑9‑119.7
Cost efficiency of transit services - reporting - plans
32‑9‑119.8
Provision of retail and commercial goods and services at district transfer facilities - residential and other uses at district transfer facilities permitted - definitions
32‑9‑119.9
Limited authority to charge fees for parking - reserved parking spaces - penalties - definitions
32‑9‑120
Levy of taxes - limitations
32‑9‑121
Levies to cover deficiencies
32‑9‑122
Levying and collecting taxes - lien
32‑9‑123
Delinquent taxes
32‑9‑123.5
Prohibition on borrowing by district
32‑9‑124
Forms of borrowing
32‑9‑125
Issuance of notes
32‑9‑126
Issuance of warrants
32‑9‑127
Maturities of notes and warrants
32‑9‑128
Incurrence of special obligations
32‑9‑128.5
Private activity and exempt facility bonds
32‑9‑129
Issuance of temporary bonds
32‑9‑130
Issuance of interim notes
32‑9‑131
Pledge of proceeds of sales taxes and revenues
32‑9‑132
Ranking among different issues
32‑9‑133
Ranking in same issue
32‑9‑134
Payment recital in securities
32‑9‑135
Incontestable recital in securities
32‑9‑136
Limitation upon payment
32‑9‑137
Security details
32‑9‑138
Negotiability
32‑9‑139
Single bonds
32‑9‑140
Sale of securities
32‑9‑141
Application of proceeds
32‑9‑142
Use of unexpended proceeds
32‑9‑143
Covenants in security proceedings
32‑9‑144
Remedies of security holders
32‑9‑145
Limitations upon liabilities
32‑9‑146
Interest after maturity
32‑9‑147
Refunding bonds
32‑9‑148
Issuance of interim notes
32‑9‑149
Elections
32‑9‑150
Election resolution
32‑9‑151
Conduct and costs of elections
32‑9‑156
District - tax exempted
32‑9‑158
Merger, consolidation, or assumption of district
32‑9‑159
Freedom from judicial process
32‑9‑160
Misdemeanors
32‑9‑161
Eminent domain
32‑9‑162
Money management
32‑9‑163
Investment management
32‑9‑164
Custodians
Green check means up to date. Up to date

Current through Fall 2024

§ 32-9-119.4’s source at colorado​.gov