C.R.S. Section 39-28-504
Approval of ballot issue

  • rejection of ballot issue
  • refunds

(1)

The general assembly hereby finds and declares that:

(a)

If a majority of the voters voting on the ballot issue vote “No/Against”, the state will be required by section 20 (3)(c) of article X of the state constitution to make refunds; and

(b)

The amount of the refund would be twenty-three million six hundred fifty thousand dollars, which is the amount by which the proposition EE tax revenue in state fiscal year 2021-22 exceeded the ballot information booklet estimate of revenue from the proposition EE tax increase for that same fiscal year plus interest.

(2)

The department shall determine a reasonable method to distribute the revenue in the proposition EE refund cash fund created in section 39-28-503 in accordance with section 20 (3)(c) of article X of the state constitution. This method must include the distribution of money from the proposition EE refund cash fund to taxpayers who paid the proposition EE taxes.

(3)

Intentionally left blank —Ed.

(a)

If a majority of the electors voting on the ballot issue vote “No/Against”, then on or before June 30, 2024, the state treasurer shall refund the money in the proposition EE refund cash fund in the manner determined by the department pursuant to subsection (2) of this section.

(b)

If a majority of the electors voting on the ballot issue vote “Yes/For”, then, as soon as possible thereafter, the state treasurer shall transfer the balance in the proposition EE refund cash fund to the preschool programs cash fund created in section 26.5-4-209 and the general fund, in the same proportion as the state treasurer transferred money from the preschool programs cash fund and the general fund to the proposition EE refund cash fund.

Source: Section 39-28-504 — Approval of ballot issue - rejection of ballot issue - refunds, 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

§ 39-28-504’s source at colorado​.gov