Definitions.

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As used in this part 2, unless the context otherwise requires:

  1. "Colorado credit reserve" means the Colorado credit reserve program described insection 24-46-104 (1)(n).

  2. "Contract" means a contract entered into by the state treasurer in accordance withsection 24-36-205 (1).

  3. "Department" means the department of the treasury.

  4. "Eligible borrower" means a business that, as determined by the oversight board:

  1. Has its principal place of business in the state;

  2. Has at least five but fewer than one hundred employees;

  3. Can demonstrate that it had at least two consecutive years of positive cash flow priorto February 29, 2020; and

  4. Can demonstrate that it had a debt-service coverage ratio as of February 29, 2020, ofat least one-to-one or a higher level as determined by the oversight board.

  1. "Loan program" means a small business recovery loan program established in accordance with section 24-36-205.

  2. "Loan program manager" means an entity the state treasurer contracts with to establish and administer the loan program in accordance with section 24-36-205 (2).

  3. "Office of economic development" means the Colorado office of economic development created in section 24-48.5-101.

  4. "Oversight board" means the small business recovery loan program oversight boardcreated in section 24-36-204.

  5. "Premium tax liability" means the liability imposed by section 10-3-209 or 10-6-128,or, in the case of a repeal or reduction by the state of the liability imposed by section 10-3-209 or 10-6-128, any other tax liability imposed upon an insurance company by the state.

  6. "Qualified taxpayer" means an insurance company authorized to do business in Colorado that has premium tax liability owing to the state and that purchases a tax credit under this part 2. "Qualified taxpayer" also includes an insurance company that receives or assumes a tax credit transferred in accordance with section 24-36-206 (7)(e) or 24-36-207 (6), or that receives or assumes a tax credit as an affiliate of a qualified taxpayer or transferee. For purposes of this subsection (10), "affiliate" has the same meaning as set forth in section 10-3-801 (1).

  7. "Small business recovery fund" or "fund" means the small business recovery fundestablished in section 24-36-208.

  8. "Small business recovery tax credit" or "tax credit" means the tax credit created insection 24-36-206.

  9. "Tax credit sale proceeds" or "sale proceeds" means the money or other liquid assetacceptable to the state treasurer that a qualified taxpayer pays to the department that is deposited in the small business recovery fund.

Source: L. 2020: Entire part added, (HB 20-1413), ch. 121, p. 506, § 1, effective June 23. L. 2020, 1st Ex. Sess.: (10) amended, (HB 20B-1006), ch. 5, p. 32, § 2, effective December 7.


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