S.B. 98-7 Income tax - extension of enterprise zone credit for contributions to housing programs for homeless. Continues the credit against state income taxes for monetary or in-kind contributions to promote employment for the homeless in enterprise zones by repealing the provision to repeal the credit on July 1, 1998.
APPROVED by Governor April 10, 1998
EFFECTIVE April 10, 1998
S.B. 98-49 Internet access services - 3-year moratorium on taxes, fees, and regulations. Until April 30, 2001, prohibits the state and local governments from imposing, assessing, or collecting any tax, regulation, fee, or charge upon:
Also imposes a 3-year moratorium on the requirement that a provider of internet access services collect sales or use taxes.
Exempts from the moratorium taxes on internet access actually collected and enforced by a home rule city on or before April 15, 1998.
APPROVED by Governor May 18, 1998
EFFECTIVE May 18, 1998
S.B. 98-74 Sales and use tax exemption - bulk sale of coins and precious metal bullion. Reinstates the sales and use tax exemption for bulk sales of coins and precious metal bullion. Defines "bulk sale" as a single sale of precious metal bullion or coins totaling $100 or more
This act shall apply to sales of coins and precious metal bullion made on or after January 1, 1999.
VETOED by Governor June 1, 1998
S.B. 98-85 Income tax - rural technology enterprise zone act - tax credit for investment in rural technology infrastructure. Requires the public utilities commission to conduct a technology infrastructure needs assessment and inventory in rural areas of the state to assess the ability to access the internet in such areas. Provides that the commission shall conduct a public hearing on the establishment of rural technology enterprise zones.
Allows the public utilities commission to designate rural areas of the state as rural technology enterprise zones based upon the results of the needs assessment and inventory and the evidence received at the public hearing. Requires the commission to specify certain information concerning each zone, including the boundaries of each zone, and the types of technology investments in each zone that will qualify for a tax credit.
Commencing with the 1999 income tax year through the 2004 income tax year, provides an income tax credit equal to 10% of the total investments in technology infrastructure made by a taxpayer within a rural technology enterprise zone that improve access to the internet within the zone. Specifies a $100,000 maximum annual amount claimed under such credit. Allows any unused portion of the credit to be carried forward for up to 10 years.
Requires the public utilities commission to report to the general assembly by September 1, 2003, on the investments made to improve internet access in rural technology enterprise zones.
APPROVED by Governor May 18, 1998
EFFECTIVE May 18, 1998
S.B. 98-93 Property tax - valuation of real property - alternate protest and appeal procedure. Commencing with the 1999 property tax year, authorizes the governing bodies of Boulder, El Paso, and Jefferson counties and the city and county of Denver, upon the request of the assessor from such county, to elect to use an alternate protest and appeal procedure for taxpayers to appeal the valuation of taxable real property for property tax purposes.
Extends the deadline by which the assessor must deny an objection and protest in a county that elects to use the alternate protest and appeal procedure from the last working day in June to the last working day in August. Extends the time period during which the county board of equalization in such county must commence hearings on appeals from July 1 to a date established by the county board of equalization that is not later than September 1. Extends the period of time during which the county board of equalization must receive petitions from all persons whose objections or protests have been refused or denied by the assessor from July 15 to September 15. Extends the deadline to conclude such hearings and render decisions on appeals from August 5 to November 1.
APPROVED by Governor April 21, 1998
EFFECTIVE July 1, 1998
S.B. 98-100 Property tax - classification of property installed through real property. For property tax years commencing on or after January 1, 1998, specifies that:
APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998
S.B. 98-132 Property tax - nongaming real property located in limited gaming districts - valuation. For property tax years beginning on or after January 1, 1999, requires the assessing officer for any county that includes a limited gaming district to:
Specifies what constitutes real property used for limited gaming.
APPROVED by Governor March 23, 1998
EFFECTIVE March 23, 1998
S.B. 98-154 Income tax - credit for child care contributions. For income tax years commencing on or after January 1, 1999, replaces the income tax credit for monetary and in-kind contributions to promote child care in an enterprise zone with a credit for such contributions made to promote child care anywhere in the state. Specifies that 25% of such contributions may be claimed as a credit, but prohibits the amount of the credit claimed from exceeding $100,000. Requires contributions to be used directly for the acquisition or improvement of child care facilities, equipment, or services. Prohibits claiming the credit for any contribution made to a child care facility in which the taxpayer or a person related to the taxpayer has a financial interest. Allows unused credits to be carried forward for up to five years. Repeals the credit on January 1, 2005.
Allows monetary and in-kind contributions to promote child care in an enterprise zone that are made pursuant to an agreement entered into prior to January 1, 1999, to be claimed under the terms of the income tax credit allowed for such contributions prior to said date.
APPROVED by Governor June 2, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
S.B. 98-158 Income tax - tax credits for child care expenses and certain children. For income tax years beginning on or after January 1, 1998, allows the following credits against state income tax in lieu of the existing tax credit for child care:
Allows a resident individual to claim such credits only in an income tax year in which there are state revenues in excess of the constitutional limitation on state fiscal year spending that are required to be refunded in an amount greater than or equal to the total amount of such credits to be allowed. Allows a resident individual to claim the existing credit for child care expenses in any other income tax year.
Precludes any resident individual whose federal adjusted gross income exceeds $60,000 from claiming the new child care expenses and child tax credits. Prohibits a resident individual who is receiving child care assistance from the state department of human services from claiming any state child care expenses credit or child tax credit except to the extent of the individual's unreimbursed out-of-pocket expenses that result in a federal credit for child care expenses. States that the amount of any state child care expenses tax credit or child tax credit exceeding an individual's state income tax liability shall not be carried forward but shall be refunded to the individual. In the case of a resident for part of a tax year, requires the amount of any child care expenses credit or child tax credit allowed to be apportioned in accordance with the statute pertaining to apportionment of tax in the case of a part-year resident.
APPROVED by Governor June 2, 1998
EFFECTIVE June 2, 1998
H.B. 98-1005 Property tax - exemption of personal property from school district tax. For property tax years commencing on and after January 1, 1999, exempts a taxpayer's first $25,000 in personal property from the collection of property tax by school districts for school finance moneys and categorical program support funds. Specifies that the exemption applies to the first $25,000 in personal property owned by the taxpayer in each county; except that, if the taxpayer is a public utility, the exemption applies to the first $25,000 in personal property owned by the public utility in the state. Clarifies that, in determining the number of mills to be levied for the 1999-2000 budget year, each school district shall include the assessed valuation of the exempt personal property. Allows the state's share of the school district's total program to increase to offset the reduction in property tax revenues caused by the exemption.
VETOED by Governor April 22, 1998
H.B. 98-1030 Property tax - valuation - intangible property - exemption for FCC licenses. For purposes of statewide valuation for assessment of wireless carriers, specifically exempts the value of licenses granted by the federal communications commission to such carriers.
APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998
H.B. 98-1065 Sales tax - telephone and telegraph services - repeal. Repeals the state sales tax on intrastate telephone and telegraph services. Preserves the existing authority of local governmental entities to impose a sales tax on such services.
VETOED by Governor April 13, 1998
H.B. 98-1112 Assistance for elderly and disabled - property tax - rent - heat and fuel. For grants claimed for years commencing on or after January 1, 1999, by single persons with income less than $5,000 and married couples with income less that $8,700, increases the amount of the property tax or rent assistance grant from $500 to $600. Reduces the amount of the phaseout percentage from 20% to 10% as income rises above these amounts. For grants claimed for years commencing on or after January 1, 1999, increases the amount of the heat or fuel expense assistance grant from $160 to $192 and reduces the amount of the phaseout percentage from 6.4% to 3.2% as income rises above these amounts. Directs the finance committees of the senate and the house of representatives to review these grant amounts and reduction percentages every 2 years commencing in 2000, considering the federal poverty index and other information, and to determine whether they should be modified.
APPROVED by Governor April 30, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1120 Income tax - voluntary contributions - United States olympic committee - reestablishment. Reestablishes the state individual income tax checkoff program for the United States olympic committee for the income tax year commencing January 1, 1998, and continues the program for 2 additional income tax years. Subjects the olympic tax checkoff program to automatic elimination if the total amount collected for the program during the first 2 income tax years does not meet or exceed 10% of the total amount contributed to all voluntary tax checkoffs during the 2-year period.
APPROVED by Governor March 23, 1998
EFFECTIVE March 23, 1998
H.B. 98-1165 Income tax - tax credits for gleaned agricultural crops and in-kind donations to provide food to needy persons. For income tax years commencing on and after January 1, 1998, allows taxpayers an income tax credit for:
Specifies that the amount of the credits shall be 25% of the wholesale market price of the quantity of gleaned agricultural crop donated and 25% of the total value of the in-kind contribution. Disallows unused amounts of said credits to be carried forward. Requires the receiving nonprofit organization to verify the type and quantity of donated food, the name of the taxpayer donor, and the name and address of the nonprofit organization. Prohibits a taxpayer who has been allowed a credit for crop or livestock donations from claiming a credit for gleaned agricultural crops or an in-kind contribution for the same donated crop. Prohibits a taxpayer who has been allowed a credit for gleaned agricultural crops from claiming a credit for an in-kind contribution for the same donated crop.
VETOED by Governor April 22, 1998
H.B. 98-1169 Income tax - tax credit for alternative fuels vehicles and refueling facilities - alternative fuels vehicles rebate program - appropriation. Modifies the definition of "alternative fuel" in the Colorado clean vehicle fleet program to include ethanol or any fuel mixture containing at least eighty-five percent ethanol.
Modifies the formula for calculating the amount of the income tax credit allowed for purchasing a motor vehicle that uses an alternative fuel or for converting a vehicle's fuel system to a fuel system that uses an alternative fuel. Allows a taxpayer who replaces the power source in a vehicle that uses a traditional fuel with a power source that uses an alternative fuel to claim the credit. Conforms the definition of "alternative fuel" used for purposes of the credit to the definition used for the clean fuel fleet program. Allows the credit only for vehicles that are used for business purposes. Doubles the amount of the credit for any motor vehicle purchase or power source replacement that permanently displaces a motor vehicle or power source that is 10 years old or older. Prohibits the credit from being claimed if a purchase, conversion, or power source replacement is required by the clean fuel fleet program. Extends the period of time that any unused credit can be carried forward from 3 to 5 tax years. Eliminates the existing July 1, 1998, repeal date for the credit, and provides that the credit, as modified, shall apply to tax years commencing on or after July 1, 1998, but prior to July 1, 2006.
For tax years commencing on or after January 1, 1998, but prior to January 1, 2006, provides an income tax credit for a portion of the cost incurred in constructing, reconstructing, or acquiring an alternative fuel refueling facility that is directly attributable to the storage, compressing, charging, or dispensing of alternative fuels for motor vehicles. Increases the amount of the credit allowed for facilities that are generally accessible to persons in addition to the person claiming the credit. Increases the amount of the credit allowed for facilities that dispense renewable alternative fuels derived from a renewable energy source. Provides that any unused credit may be carried forward for 5 tax years.
For costs incurred on or after July 1, 1998, but prior to July 1, 2006, establishes a program to provide cash rebates to state and local governmental entities and to tax-exempt entities for each motor vehicle owned by such entity that uses or is converted to use an alternative fuel or has its power source replaced with a power source that uses an alternative fuel. Specifies the formula for calculating the maximum amount of the rebate. Allows a rebate only to the extent that a vehicle is used for the business or official activities of the entity. Doubles the amount of the rebate for any motor vehicle purchase or power source replacement that permanently displaces a motor vehicle or power source that is 10 years old or older. Prohibits the rebate from being granted if a purchase, conversion, or power source replacement is required by the clean fuel fleet program. Authorizes the executive director of the department of revenue to grant the rebates and promulgate rules for granting rebates. Establishes the alternative fuels rebate fund from which rebates are made.
Transfers $500,000 from the AIR account to the alternative fuels rebate fund on July 1, 1998. Appropriates $654,595 from the alternative fuels rebate fund to the department of revenue for initial implementation costs and for making rebates to qualified entities.
APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998
H.B. 98-1214 Sales tax - exemption - farm equipment. On and after July 1,1998, exempts from sales and use tax all sales and purchases of farm equipment and all rentals or leases of farm equipment having a fair market value of at least $1,000.
Defines "farm equipment" as tractors, implements of husbandry, irrigation systems, and other tangible personal property used primarily and directly in any farming operation and having a per unit or per system purchase price of $1,000 or more, and baling wire and binders twine, regardless of its purchase price. Excludes the following from the definition of "farm equipment":
Defines "farming operation" as the production of raw agricultural products, including raw dairy products, for profit, including a business providing farming work for hire.
Allows local governments to impose sales tax on sales and purchases of farm equipment.
VETOED by Governor April 22, 1998
H.B. 98-1228 Income tax - temporary state income tax rate reduction to refund excess state revenues. Requires the executive director of the department of revenue to temporarily reduce the state income tax rate as necessary to refund all state revenues in excess of the constitutional limitation on state fiscal year spending that are required to be refunded for the most recently closed fiscal year and that are not refunded by another method established by law. Requires the executive director to calculate the income tax rate needed to refund such excess state revenues no later than October 1 of the calendar year in which a fiscal year for which there are excess state revenues required to be refunded ends. If one or more ballot question seeking authorization for the state to retain some or all of such excess state revenues are submitted to the voters, requires the executive director to wait until the results of the election are known before adjusting the income tax rate. States that the executive director shall utilize the most recent general fund estimates prepared by the staff of the legislative council of the general assembly in calculating any adjusted income tax rate.
Specifies that the executive director shall notify the executive committee of the legislative council of any income tax rate calculated and the basis for such calculation. States that the executive committee shall review and approve or disapprove such calculated income tax rate, but provides for the automatic approval of such adjusted income tax rate or rates by the executive committee under certain circumstances. If the executive committee disapproves of an income tax rate calculated by the executive director, requires the executive committee to specify the adjusted income tax rate to be used by the executive director. Requires the executive director to make any income tax rate adjustment by rule.
Based upon the financial statement prepared to ascertain compliance with section 20 of article X of the state constitution, requires the state controller to certify the amount of state revenues in excess of the constitutional limitation on state fiscal year spending for a given fiscal year by September 1 of the calendar year in which such fiscal year ends. Requires the state auditor to conduct an audit of the certified amount of excess state revenues by a specified date.
VETOED by Governor June 1, 1998
H.B. 98-1250 Income tax - withholding statements - electronic filing. Changes the due date for annual statements by employers concerning state income taxes withheld for employees from March 15 to the due date for similar federal income tax statements. Authorizes the executive director of the department of revenue to require a magnetic media taxpayer to file withholding tax statements by magnetic media or in other machine-readable form.
Applies to filings and remittances made on or after January 1, 1999.
APPROVED by Governor April 17, 1998
EFFECTIVE April 17, 1998
H.B. 98-1266 Income tax - exclusion of interest from taxable income - repeal. For income tax years commencing on or after January 1, 1998:
Repeals the exclusion of interest income from federal taxable income, effective July 1, 2003.
VETOED by Governor June 1, 1998
H.B. 98-1269 Sales tax - exemption - donations of manufactured goods. Exempts from sales and use tax donations of manufactured goods donated by the manufacturer of such goods to governmental entities and other entities that are exempt from federal income tax pursuant to section 501 (c) (3) of the internal revenue code. States that the sales and use tax exemption only applies to a donation if the aggregate value of all goods included in the donation exceeds $1,000.
APPROVED by Governor April 22, 1998
EFFECTIVE April 22, 1998
H.B. 98-1271 Estate taxes. Amends the definitions of "federal additional estate tax return" and "qualified heir" for the purposes of the Colorado estate tax laws in order to allow the state to continue to receive its share of the state death tax credit allowable under the federal internal revenue code.
Applies to estates of decedents who die on or after January 1, 1998.
APPROVED by Governor April 17, 1998
EFFECTIVE July 1, 1998
H.B. 98-1317 Property tax - mobile homes moved during tax year - apportionment of value. For property tax years commencing on or after January 1, 1999, eliminates the requirement that assessors list and apportion the value of a mobile home when the mobile home is moved into or out of one county from another county in the state after the assessment date. Provides that a mobile home moved into a county from another county in the state after the assessment date shall be valued as of the next assessment date. Specifies that the value of a mobile home brought into a county from outside the state after the assessment date shall be listed and apportioned based upon the number of months remaining in the year.
When a mobile home is moved from one county to another county in the state, specifies that all property taxes for the current property tax year shall become due and payable without proration. When a mobile home is to be removed from the state, specifies that all property taxes for the current property tax year shall become due and payable but that the taxes shall be prorated.
APPROVED by Governor April 21, 1998
EFFECTIVE August 5, 1998
NOTE:. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1333 Gasoline and special fuel tax - administration - appropriation. Requires any supplier, importer, exporter, carrier, or blender of gasoline and special fuel to obtain a license from the department of revenue. Establishes grounds for which the department may refuse to issue a license or may revoke or suspend a license. Authorizes the department to reinstate a license, terminate a suspension, or issue a new license to a person whose license had been revoked under certain circumstances.
Requires an applicant for an exporter license to verify to the department that the applicant has the appropriate license that is valid in each state into which the gasoline will be exported. Requires any exporter who diverts gasoline for use or sale within the state to report such diversion to the department within one working day after the diversion. Requires any distributor or supplier who distributes for sale or use in this state gasoline that has been claimed as an export to report diversion of such gasoline within one working day after the diversion.
Establishes fines for any person who does not make a timely report of a diversion within this state of a shipment of gasoline or special fuel that is claimed as an export and for any unlicensed person who imports gasoline into the state. Allows the executive director of the department to waive such fines for good cause. Authorizes the department and its agents to detain a shipment of gasoline or special fuel until applicable fines and excise taxes are collected.
Establishes monthly reporting requirements for licensees. Provides that failure to comply with said reporting requirements is grounds for revoking a licensee's license. Allows the executive director of the department of revenue to require by rule that reports be filed electronically. Allows the department to contract with a private entity for the provision of a computer-based program to monitor and track the data that licensees are required to report to the department. Requires such computer-based program to be funded solely with moneys from the highway users tax fund.
Requires that, for any special fuel that will be sold on a tax-exempt basis, indelible dye meeting federal regulations be added to special fuel before or upon withdrawal at a terminal rack or refinery. Authorizes the executive director of the department of revenue to issue an exemption certificate to a governmental entity that uses special fuel to allow the entity to purchase undyed special fuel without paying excise tax.
Appropriates $622,857 from the highway users tax fund and 1.5 FTE to the department of revenue for the implementation of this act.
APPROVED by Governor May 27, 1998
EFFECTIVE July 1, 1998
H.B. 98-1398 Property tax - deferral - interest rate reduction. Commencing May 1, 1999, reduces the annual rate of interest on deferred property taxes from 8% to 7%.
APPROVED by Governor May 18, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
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