§ 32-14-105 — Authorizing election

(1) The board created in section 32-14-106
may submit to the registered electors within the geographical boundaries of the
district, at a general election, at a special election not paid for with public funds, or
at a primary election for which the additional cost of the ballot question is prepaid
and is not paid with public funds, the question of whether, upon the granting of a
major league baseball franchise by major league baseball to be located in the
district, the district shall be authorized to levy and collect for a period not to exceed
twenty years a uniform sales tax throughout the district at a rate not to exceed
one-tenth of one percent upon every transaction or other incident with respect to
which a sales tax is levied by the state, pursuant to the provisions of article 26 of
title 39, C.R.S.; except that such sales tax shall be levied on purchases of
machinery or machine tools that are otherwise exempt pursuant to section 39-26-709 (1), C.R.S., to the extent that such purchases are subject to the sales tax levied
by the regional transportation district pursuant to section 29-2-105 (1)(d), C.R.S., to
be held and distributed pursuant to the provisions of section 32-14-115.

(2) The board may include, in the question submitted to the registered
electors pursuant to subsection (1) of this section, additional information which it
deems to be relevant including, but not limited to, a statement that a target amount
of fifty percent of the costs of constructing the stadium has been established for
the district to attempt to obtain funding through sources of funding other than the
sales tax if approved, such as private funding sources and revenues generated from
the operation of the stadium.

(3) The board shall decide at which general, primary, or special election the
question shall be submitted to the registered electors. The question may be
submitted to the registered electors at a special election only if major league
baseball decides to grant a major league baseball franchise to be located within the
district or to increase the number of major league baseball franchises prior to the
next general election and only upon the affirmative vote of two-thirds of the
directors of the board. Such special election shall be held on the first Tuesday after
the first Monday in February, May, September, or December. Notice of the question
to be submitted and the general, primary, or special election at which it is to be
submitted shall be filed in the office of the secretary of state prior to ninety days
before such general, primary, or special election.

(4) Prior to any general, primary, or special election at which the question is
to be submitted to the registered electors pursuant to subsection (1) of this section,
the board shall hold at least two public hearings in each of the counties included, in
whole or in part, within the district.

(5) No public moneys from the state, any city, town, city and county, or
county shall be expended by the public entity or by any private entity or private
person to advertise, promote, or purchase commercial promotion or advertisement
to urge electors to vote in favor of or against the question submitted at the election.

(6) If, in any general, primary, or special 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, upon the granting of a
major league baseball franchise by major league baseball to be located within the
district, to levy and collect for a period not to exceed twenty years the sales tax
specified in subsection (1) of this section, then such sales tax shall be levied and
collected as provided for in this article.

Legislative History

Source: L. 89: Entire article added, p. 1328, � 1, effective June 2. L. 90: (1), (3), (4), and (6) amended, p. 1517, � 2, effective April 16. L. 2004: (1) amended, p. 1042, � 9, effective July 1.