C.R.S. Section 39-28-401
Submission of ballot issue

  • increased tax on cigarettes and tobacco products
  • new tax on nicotine products
  • definition

(1)

As used in this section, “ballot issue” means the question referred to voters in subsection (2) of this section.

(2)

At the election held on November 3, 2020, the secretary of state shall submit to the registered electors of the state for their approval or rejection the following ballot issue: “Shall state taxes be increased by $294,000,000 annually by imposing a tax on nicotine liquids used in e-cigarettes and other vaping products that is equal to the total state tax on tobacco products when fully phased in, incrementally increasing the tobacco products tax by up to 22% of the manufacturer’s list price, incrementally increasing the cigarette tax by up to 9 cents per cigarette, expanding the existing cigarette and tobacco taxes to apply to sales to consumers from outside of the state, establishing a minimum tax for moist snuff tobacco products, creating an inventory tax that applies for future cigarette tax increases, and initially using the tax revenue primarily for public school funding to help offset revenue that has been lost as a result of the economic impacts related to COVID-19 and then for programs that reduce the use of tobacco and nicotine products, enhance the voluntary Colorado preschool program and make it widely available for free, and maintain the funding for programs that currently receive revenue from tobacco taxes, with the state keeping and spending all of the new tax revenue as a voter-approved revenue change?”

(3)

For purposes of section 1-5-407, the ballot issue is a proposition. Section 1-40-106 (3)(d) does not apply to the ballot issue.

(4)

Repealed.

Source: Section 39-28-401 — Submission of ballot issue - increased tax on cigarettes and tobacco products - new tax on nicotine products - definition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-39.­pdf (accessed Oct. 20, 2023).

39‑28‑101
Definitions
39‑28‑102
Licensing of wholesalers - rules - fines
39‑28‑102.5
Licensing of wholesale subcontractors - rules - fines
39‑28‑103
Tax levied - repeal
39‑28‑103.3
Inventory tax - definition
39‑28‑103.5
Tax levied - state constitution
39‑28‑104
Evidence of payment of tax - credits - redemptions
39‑28‑104.5
Federal requirements - placement of labels - penalty
39‑28‑105
Use of metering machines
39‑28‑106
Nonresident wholesalers
39‑28‑107
Unstamped packages - tax collected - fines - subject to confiscation - tobacco tax enforcement cash fund - creation
39‑28‑108
Penalty
39‑28‑109
Records - examination - returns
39‑28‑110
Distribution of tax collected
39‑28‑110.5
Revenue and spending limitations
39‑28‑111
Exempt sales
39‑28‑112
Taxation of cigarettes, tobacco products, or nicotine products by municipalities, counties, and city and counties - definitions
39‑28‑114
Prohibited acts - penalties
39‑28‑115
List of licensed wholesalers - published on website
39‑28‑116
Minimum price for cigarettes
39‑28‑201
Legislative declaration
39‑28‑202
Definitions
39‑28‑203
Requirements
39‑28‑301
Legislative declaration
39‑28‑302
Definitions
39‑28‑303
Certifications - directory - tax stamps
39‑28‑304
Agent for service of process
39‑28‑305
Reporting of information - escrow installments
39‑28‑306
Penalties and other remedies
39‑28‑307
Miscellaneous provisions
39‑28‑401
Submission of ballot issue - increased tax on cigarettes and tobacco products - new tax on nicotine products - definition
39‑28‑501
Definitions
39‑28‑502
Ballot issue - proposition EE - later voter approval
39‑28‑503
Proposition EE refund cash fund
39‑28‑504
Approval of ballot issue - rejection of ballot issue - refunds
39‑28‑505
Rejection of ballot issue - rate reduction
39‑28‑506
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 39-28-401’s source at colorado​.gov