Transfers - transportation - capital construction - definitions - repeal.

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(1) As used in this section, unless the context otherwise requires:

  1. "Capital construction fund" means the capital construction fund created in section 2475-302.

  2. Repealed.

  3. "Funds" means the highway users tax fund and the capital construction fund.

  4. "Highway users tax fund" means the highway users tax fund created in section 43-4201, C.R.S.

  5. and (f) Repealed.

  1. "Multimodal transportation options fund" means the multimodal transportation options fund created in section 43-4-1103 (1).

  2. "State highway fund" means the state highway fund created in section 43-1-219.

(2) (a) On June 30, 2016, the state treasurer shall transfer:

  1. One hundred ninety-nine million two hundred thousand dollars from the general fundto the highway users tax fund; and

  2. Forty-nine million eight hundred thousand dollars from the general fund to the capital construction fund.

(b) On June 30, 2017, the state treasurer shall transfer:

  1. Seventy-nine million dollars from the general fund to the highway users tax fund; and

  2. Fifty-two million seven hundred thousand dollars from the general fund to the capital construction fund.

  1. On June 30, 2018, the state treasurer shall transfer seventy-nine million dollars fromthe general fund to the highway users tax fund.

(c.3) On June 30, 2019, the state treasurer shall transfer:

  1. Repealed.

  2. Sixty million dollars from the general fund to the capital construction fund.

(c.7) On June 30, 2020, the state treasurer shall transfer:

  1. Repealed.

  2. Sixty million dollars from the general fund to the capital construction fund.

  1. For each state fiscal year beginning on or after July 1, 2020, the general assemblymay appropriate or transfer, in its sole discretion, moneys from the general fund to the highway users tax fund, the capital construction fund, or both funds.

  2. Repealed.

(3) and (4) Repealed.

(5) (a) On July 1, 2018, the state treasurer shall transfer a total amount of four hundred ninety-five million dollars from the general fund for the purposes of funding state and local transportation needs as follows:

  1. Three hundred forty-six million five hundred thousand dollars to the state highwayfund;

  2. Seventy-four million two hundred fifty thousand dollars to the highway users taxfund for allocation to counties and municipalities as specified in section 43-4-205 (6.4); and

  3. Seventy-four million two hundred fifty thousand dollars to the multimodal transportation options fund.

(b) On July 1, 2019, the state treasurer shall transfer a total amount of one hundred fifty million dollars from the general fund for the purposes of funding state and local transportation needs as follows:

  1. One hundred five million dollars to the state highway fund;

  2. Twenty-two million five hundred thousand dollars to the highway users tax fund forallocation to counties and municipalities as specified in section 43-4-205 (6.4); and

  3. Twenty-two million five hundred thousand dollars to the multimodal transportationoptions fund.

(b.5) On July 1, 2019, the state treasurer shall transfer one hundred million dollars from the general fund to the highway users tax fund.

(c) The state treasurer shall transfer fifty million dollars from the general fund to the state highway fund on June 30, 2020. Except as otherwise provided in subsection (5)(d) of this section and section 43-4-714 (2)(a), on June 30, 2023, and on each succeeding June 30 through June 30, 2040, the state treasurer shall transfer money from the general fund to the state highway fund as follows:

(I) and (II) Repealed.

(III) (A) If a ballot issue that authorizes the state to issue transportation revenue anticipation notes is submitted to the registered electors of the state for their approval or rejection at the November 2021 statewide election pursuant to section 43-4-705 (13)(b) and a majority of the electors voting on the ballot issue vote "No/Against", fifty million dollars;

  1. (Deleted by amendment, L. 2019.)

  2. This subsection (5)(c)(III) is repealed, effective January 1, 2022, if a ballot issue thatauthorizes the state to issue transportation revenue anticipation notes is submitted to the registered electors of the state for their approval or rejection at the November 2021 statewide election pursuant to section 43-4-705 (13)(b) and a majority of the electors voting on the ballot issue vote "Yes/For";

  3. This subsection (5)(c)(III)(D) and subsection (5)(c)(III)(C) of this section are repealed, effective January 1, 2022, if a ballot issue that authorizes the state to issue transportation revenue anticipation notes is submitted to the registered electors of the state for their approval or rejection at the November 2021 statewide election pursuant to section 43-4-705 (13)(b) and a majority of the electors voting on the ballot issue vote "No/Against"; or

(IV) (A) If a ballot issue that authorizes the state to issue transportation revenue anticipation notes is submitted to the registered electors of the state for their approval or rejection at the November 2021 statewide election pursuant to section 43-4-705 (13)(b) and a majority of the electors voting on the ballot issue vote "Yes/For", seventy-nine million five hundred thousand dollars;

  1. (Deleted by amendment, L. 2019.)

  2. This subsection (5)(c)(IV) is repealed, effective January 1, 2022, if a ballot issue thatauthorizes the state to issue transportation revenue anticipation notes is submitted to the registered electors of the state for their approval or rejection at the November 2021 statewide election pursuant to section 43-4-705 (13)(b) and a majority of the electors voting on the ballot issue vote "No/Against";

  3. This subsection (5)(c)(IV)(D) and subsection (5)(c)(IV)(C) of this section are repealed, effective January 1, 2022, if a ballot issue that authorizes the state to issue transportation revenue anticipation notes is submitted to the registered electors of the state for their approval or rejection at the November 2021 statewide election pursuant to section 43-4-705 (13)(b) and a majority of the electors voting on the ballot issue vote "Yes/For"; or

(d) (I) If the transportation commission allocates money from the transportation revenue anticipation notes reserve account of the state highway fund pursuant to section 43-4-714 (2) during any state fiscal year, the amount of any transfer required by subsection (5)(c)(IV)(A) of this section is reduced by an amount equal to the amount of the allocation from the account. (II) This subsection (5)(d) is repealed:

  1. (Deleted by amendment, L. 2019.)

  2. Effective January 1, 2022, if a ballot issue that authorizes the state to issue transportation revenue anticipation notes is submitted to the registered electors of the state for their approval or rejection at the November 2021 statewide election pursuant to section 43-4-705 (13)(b) and a majority of the electors voting on the ballot issue vote "No/Against".

(III) This subsection (5)(d)(III) and subsection (5)(d)(II) of this section are repealed, effective January 1, 2022, if a ballot issue that authorizes the state to issue transportation revenue anticipation notes is submitted to the registered electors of the state for their approval or rejection at the November 2021 statewide election pursuant to section 43-4-705 (13)(b) and a majority of the electors voting on the ballot issue vote "Yes/For".

Source: L. 2009: Entire section added, (SB 09-228), ch. 410, p. 2261, § 13, effective July 1. L. 2012: (1)(e) and (1)(f) added and (2)(e) amended, (SB 12-168), ch. 206, p. 818, § 2, effective May 24. L. 2016: (1)(b), (1)(e), (1)(f), (2)(e), and (3)(a) repealed and (2)(a), (2)(b), IP(2)(c), (2)(d), IP(3)(b), and IP(4)(a) amended, (HB 16-1416), ch. 88, p. 246, § 1, effective April 14. L. 2017: (2)(b)(I) and (2)(c) amended, (2)(c.3) and (2)(c.7) added, and (3) and (4) repealed, (SB 17-262), ch. 165, p. 608, § 1, effective April 28; (2)(c.3)(I) and (2)(c.7)(I) repealed, (SB 17-267), ch. 267, p. 1441, § 10, effective May 30. L. 2018: (1)(g), (1)(h), and (5) added, (SB 18-001), ch. 353, p. 2093, § 2, effective May 31. L. 2019: IP(5)(c), (5)(c)(III), (5)(c)(IV), (5)(d)(II), and (5)(d)(III) amended, (SB 19-263), ch. 334, p. 3082, § 1, effective May 29; (5)(b.5) added, (SB 19-262), ch. 431, p. 3740, § 1, effective June 3. L. 2020: IP(5)(c), (5)(c)(III)(A), (5)(c)(III)(C), (5)(c)(III)(D), (5)(c)(IV)(A), (5)(c)(IV)(C), (5)(c)(IV)(D),

(5)(d)(II)(B), and (5)(d)(III) amended, (HB 20-1376), ch. 207, p. 1013, § 1, effective June 30.

Editor's note: Subsections (5)(c)(I)(B) and (5)(c)(II)(B) provided for the repeal of subsections (5)(c)(I) and (5)(c)(II), respectively, effective January 1, 2019. (See L. 2018, p. 2093.)

Cross references: (1) For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017.

(2) For the legislative declaration in SB 18-001, see section 1 of chapter 353, Session Laws of Colorado 2018.


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