(1) to (5) Repealed.
(6) Repealed. (See Editor's note at the end of this section.)
(7) (a) The provisions of article 40 of title 1, C.R.S., regarding the following
subject matter shall apply to petitions that may be submitted pursuant to this
section: Form requirements and approval; circulation of petitions; elector
information and signatures on petitions; affidavits and requirements of circulators
of petitions; and verification of signatures, including but not limited to cure of an
insufficiency of signatures and protests regarding sufficiency statements and
procedures for hearings or further appeals regarding such protests. The provisions
of article 40 of title 1, C.R.S., regarding review and comment, the setting of a ballot
title, including but not limited to the duties of the title board, rehearings, and
appeals, and the number of signatures required shall not apply to petitions that
may be submitted pursuant to this section.
(b) Any petition shall be filed with the secretary of state at least three
months before the general election or the election held on the first Tuesday of
November in an odd-numbered year, whichever is applicable, at which it may be
voted upon. Notice of any question to be submitted to the registered electors within
the geographical boundaries of the district after verification of the signatures on
any petition filed with the secretary of state and at which election such question
shall be submitted shall be filed by the board in the office of the secretary of state
prior to fifty-five days before such election.
(c) Notice of any question to be submitted to the registered electors within
the geographical boundaries of the district upon the adoption of a resolution by the
board of the district pursuant to this section and at which election such question
shall be submitted shall be filed in the office of the secretary of state prior to fifty-five days before such election.
(8) The provisions of this section shall not be applicable if the authority of
the district to levy and collect any sales and use taxes approved by the registered
electors or to continue to levy and collect any sales and use taxes approved by the
registered electors has expired pursuant to the provisions of this article.
(9) Repealed.
(10) (a) For purposes of complying with the provisions of section 20 (4) of
article X of the state constitution and upon proper submittal of a valid initiative
petition to or upon the adoption of a resolution by the board, the district may submit
to the registered electors within the geographical boundaries of the district, at a
general election or an election held on the first Tuesday in November of an odd-numbered year, the question of whether the district shall be authorized to continue
the levy and collection of the aggregate one-tenth of one percent sales and use tax
as specified in paragraph (a) of subsection (5) of this section, as it existed on April
29, 2016, for a period not to exceed twelve years from the date upon which the
authority of the district to levy and collect the sales and use taxes is scheduled to
expire, as follows:
(I) A uniform sales and use tax throughout said geographical area at a rate of
sixty-four one-thousandths of one percent for total annual revenues collected by
the district up to and including thirty-eight million dollars and at a rate of fifty-seven one-thousandths of one percent after total annual revenues collected by the
district exceed thirty-eight million dollars, upon every transaction or other incident
with respect to which a sales and use tax is levied by the state, pursuant to the
provisions of article 26 of title 39, C.R.S.; except that such sales and use tax shall
not be levied on the sale or use of aviation fuel, to be distributed to the Denver
museum of nature and science, the Denver zoological gardens, the Denver art
museum, the Denver botanical gardens, and the Denver center for the performing
arts pursuant to the provisions of section 32-13-107 (3)(a);
(II) A uniform sales and use tax throughout said geographical area at a rate
of twenty-two one-thousandths of one percent for total annual revenues collected
by the district up to and including thirty-eight million dollars and at a rate of
twenty-six one-thousandths of one percent after total annual revenues collected by
the district exceed thirty-eight million dollars, upon every transaction or other
incident with respect to which a sales and use tax is levied by the state, pursuant to
the provisions of article 26 of title 39, C.R.S.; except that such sales and use tax
shall not be levied on the sale or use of aviation fuel, to be distributed to scientific
and cultural facilities pursuant to the provisions of section 32-13-107 (3)(b); and
(III) A uniform sales and use tax throughout said geographical area at a rate
of fourteen one-thousandths of one percent for total annual revenues collected by
the district up to and including thirty-eight million dollars and at a rate of seventeen
one-thousandths of one percent after total annual revenues collected by the
district exceed thirty-eight million dollars, upon every transaction or other incident
with respect to which a sales and use tax is levied by the state, pursuant to the
provisions of article 26 of title 39, C.R.S.; except that such sales and use tax shall
not be levied on the sale or use of aviation fuel, to be distributed to scientific and
cultural facilities pursuant to the provisions of section 32-13-107 (3)(c).
(b) A resolution or the summary for a petition pursuant to paragraph (a) of
this subsection (10) shall include, but shall not be limited to, the following
statements:
(I) That the district would continue to levy and collect the aggregate one-tenth of one percent sales and use tax as specified in paragraph (a) of subsection
(5) of this section for a period not to exceed twelve years from the date upon which
the authority of the district to levy and collect the sales and use taxes is scheduled
to expire; and
(II) The month, day, and year on which the authority of the district to levy and
collect the sales and use taxes shall expire.
(c) The district may submit the question set forth in paragraph (a) of this
subsection (10) to the registered electors of the district:
(I) After being presented with a petition requesting the submittal of the
question that is signed by registered electors within the geographical boundaries of
the district in an amount equal to at least five percent of the total number of votes
cast within the geographical boundaries of the district for all candidates for the
office of secretary of state at the previous general election and after verification of
the signatures on the petition by the secretary in accordance with subsection (7) of
this section; or
(II) After the adoption of a resolution by the board.
(d) (I) Except as otherwise provided in subparagraph (III) of this paragraph
(d), at the election, the question appearing on the ballot shall be as follows:
SHALL THERE BE AN EXTENSION UNTIL JUNE 30, 2030, OF THE
AGGREGATE 0.1 PERCENT SALES AND USE TAXES CURRENTLY LEVIED AND
COLLECTED BY THE DENVER METROPOLITAN SCIENTIFIC AND CULTURAL
FACILITIES DISTRICT THAT ARE SCHEDULED TO EXPIRE ON JUNE 30, 2018, FOR
ASSISTING SCIENTIFIC AND CULTURAL FACILITIES WITHIN THE DISTRICT,
WHILE AUTHORIZING THE DISTRICT TO CONTINUE TO COLLECT, RETAIN, AND
SPEND ALL REVENUE GENERATED BY SUCH TAX IN EXCESS OF THE LIMITATION
PROVIDED IN ARTICLE X OF SECTION 20 OF THE COLORADO CONSTITUTION AND
WHILE MODIFYING THE RATES OF THE THREE INDIVIDUAL SALES AND USE
TAXES COLLECTED BY THE DISTRICT AS FOLLOWS: FOR TOTAL ANNUAL
REVENUES COLLECTED BY THE DISTRICT UP TO THIRTY-EIGHT MILLION
DOLLARS, DECREASING THE .0655 PERCENT SALES AND USE TAX TO .064
PERCENT; INCREASING THE .021 PERCENT SALES AND USE TAX TO .022
PERCENT; AND INCREASING THE .0135 PERCENT SALES AND USE TAX TO .014
PERCENT; AND, FOR TOTAL ANNUAL REVENUES COLLECTED BY THE DISTRICT
THAT EXCEED THIRTY-EIGHT MILLION DOLLARS, DECREASING THE .064
PERCENT SALES AND USE TAX TO .057 PERCENT; INCREASING THE .022
PERCENT SALES AND USE TAX TO .026 PERCENT; AND INCREASING THE .014
PERCENT SALES AND USE TAX TO .017 PERCENT?
(II) Except as otherwise provided in subparagraph (III) of this paragraph (d),
the ballot title shall be a statement of the language included in the question set
forth in subparagraph (I) of this paragraph (d); except that the words SHALL
THERE BE shall not be included in the statement, and the statement shall end with
a period instead of a question mark.
(III) The ballot question specified in subparagraph (I) of this paragraph (d)
and the ballot title specified in subparagraph (II) of this paragraph (d) may be
modified by the proponents of an initiative petition or the board, as applicable, only
to the extent necessary to conform to the requirements of any final decision of a
district or appellate court regarding the legal requirements for ballot questions and
titles.
(IV) If at any election a majority of the registered electors within the
geographical boundaries of the district voting on the question vote affirmatively on
the question authorizing the district to continue the levy and collection of the sales
and use taxes specified in paragraph (a) of subsection (5) of this section, as
modified pursuant to subparagraphs (I), (II), and (III) of paragraph (a) of this
subsection (10), until June 30, 2030, then such sales and use taxes shall continue to
be levied, collected, and distributed as provided for in this article until said date.
(e) Repealed.
(f) All of the electors within the area of the boundaries of the counties of
Adams, Arapahoe, Boulder, and Jefferson, all of the electors within the boundaries
of the city and county of Broomfield and the city and county of Denver, and all of
the electors within Douglas county excluding the electors within the boundaries of
the town of Castle Rock or the town of Larkspur, are eligible electors for the
purpose of the election to be held pursuant to this subsection (10).
(11) (a) For purposes of complying with the provisions of section 20 (4) of
article X of the state constitution and upon proper submittal of a valid initiative
petition to or upon the adoption of a resolution by the board, the district may submit
to the registered electors within the geographical boundaries of the district, at a
general election or an election held on the first Tuesday in November of an odd-numbered year, the question of whether the district shall be authorized to continue
the levy and collection of the aggregate one-tenth of one percent sales and use tax
as specified in paragraph (a) of subsection (10) of this section for a period not to
exceed twelve years from the date upon which the authority of the district to levy
and collect the sales and use taxes is scheduled to expire.
(b) A resolution or the summary for a petition pursuant to paragraph (a) of
this subsection (11) shall include, but not be limited to, the following statements:
(I) That the district would continue to levy and collect the aggregate one-tenth of one percent sales and use tax as specified in paragraph (a) of subsection
(10) of this section for a period not to exceed twelve years from the date upon which
the authority of the district to levy and collect the sales and use taxes is scheduled
to expire; and
(II) The month, day, and year on which the authority of the district to levy and
collect the sales and use taxes expires.
(c) The district may submit the question set forth in paragraph (a) of this
subsection (11) to the registered electors of the district:
(I) After being presented with a petition requesting the submittal of the
question that is signed by registered electors within the geographical boundaries of
the district in an amount equal to at least five percent of the total number of votes
cast within the geographical boundaries of the district for all candidates for the
office of secretary of state at the previous general election and after verification of
the signatures on the petition by the secretary in accordance with subsection (7) of
this section; or
(II) After the adoption of a resolution by the board.
(d) (I) Except as otherwise provided in subparagraph (III) of this paragraph
(d), at the election, the question appearing on the ballot shall be as follows:
SHALL THERE BE AN EXTENSION UNTIL (MONTH, DAY, AND YEAR) OF
THE AGGREGATE 0.1 PERCENT SALES AND USE TAXES CURRENTLY LEVIED AND
COLLECTED BY THE DENVER METROPOLITAN SCIENTIFIC AND CULTURAL
FACILITIES DISTRICT THAT ARE SCHEDULED TO EXPIRE ON (MONTH, DAY, AND
YEAR) FOR ASSISTING SCIENTIFIC AND CULTURAL FACILITIES WITHIN THE
DISTRICT, WHILE AUTHORIZING THE DISTRICT TO CONTINUE TO COLLECT,
RETAIN, AND SPEND ALL REVENUE GENERATED BY SUCH TAX IN EXCESS OF
THE LIMITATION PROVIDED IN ARTICLE X OF SECTION 20 OF THE COLORADO
CONSTITUTION?
(II) Except as otherwise provided in subparagraph (III) of this paragraph (d),
the ballot title is a statement of the language included in the question set forth in
subparagraph (I) of this paragraph (d); except that the words SHALL THERE BE
are not included in the statement, and the statement ends with a period instead of a
question mark.
(III) The ballot question specified in subparagraph (I) of this paragraph (d)
and the ballot title specified in subparagraph (II) of this paragraph (d) may be
modified by the proponents of an initiative petition or the board, as applicable, only
to the extent necessary to conform to the requirements of any final decision of a
district or appellate court regarding the legal requirements for ballot questions and
titles.
(IV) If at any election a majority of the registered electors within the
geographical boundaries of the district voting on the question vote affirmatively on
the question authorizing the district to continue the levy and collection of the sales
and use taxes specified in paragraph (a) of subsection (10) of this section until the
date specified in the question, then such sales and use taxes shall continue to be
levied, collected, and distributed as provided for in this article until said date.
(e) The provisions of this subsection (11) are applicable only if prior voter
approval is obtained to levy and collect the sales and use taxes specified in
paragraph (a) of subsection (10) of this section.