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HOUSE BILL 26-1216
BY REPRESENTATIVE(S) Luck and Carter, Bradley, Espenoza;
also SENATOR(S) Exum and Rich, Coleman.
CONCERNING THE CORRECTION OF TECHNICAL DEFECTS IN CERTAIN
STATUTES ADMINISTERED BY THE DEPARTMENT OF REVENUE.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-46-108, amend
(7)( d)(IV) and (7)( e) as follows:
24-46-108. Refundable income tax credits for certain businesses
located in the state -definitions - repeal.
(7) To claim a refund in connection with an approved refund
certificate, a taxpayer must:
( d) Submit all required records and information to the department
on or before the due date, including extensions, for filing the taxpayer's
state income tax return for the income tax year in which an income tax
credit in excess of the amount applied for pursuant to subsection (7)( c) of
this section will be refunded, including:
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(IV) Any additional documentation required by section 39-36-106
( 1 )(b) or otherwise required by law; AND
(e) Subject to the limitation in subsection (8) of this section, agree
to receive a refund of the eighty percent of the amount of the credit
remaining after applying the credit under subsection (7)( c) of this section
and forgo the remaining twenty percent of the amount claimed as a refund,
and REFUND.
SECTION 2. In Colorado Revised Statutes, 39-27-105, amend
(2)(a)(I) as follows:
39-27-105. Collection of tax on gasoline and special fuel -rules
- repeal.
(2) (a) (I) It is the duty of every distributor of gasoline or special
fuel other than liquefied petroleum gas to compute the amount of tax
payable on all gasoline or special fuel imported, removed from a terminal,
or otherwise acquired during the preceding calendar month at the rate of tax
per gallon imposed thereon in section 3 9-2 7-102 ( 1 ), and, in computing the
amount of tax, the allowance of two percent provided for in section
39-27-102 (l)(b)(I)(A) shall SECTION 39-27-102 (l)(b)(I) MUST be taken
into account.
SECTION 3. In Colorado Revised Statutes, 39-31-101, amend
(2)(d) and (2.1) as follows:
39-31-101. Real property tax -tax equivalent-assistance -heat
or fuel expenses assistance - eligibility - applicability - definitions -
repeal.
(2) A grant is the amount of the general property taxes actually paid
on the residence or the amount of taxes actually paid on a mobile home,
plus any tax-equivalent payments computed pursuant to subsection ( 4) of
this section, with respect to the rent of a trailer space during the year for
which the grant is claimed, the amount of the specific ownership tax
actually paid on a trailer coach, or the amount of the tax-equivalent
payments, computed pursuant to subsection ( 4) of this section, actually
made during the year for which such grant is claimed, but in no event may
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it exceed:
(d) (I) For a grant claimed for the 2023 calendar year, either eight
hundred seventy-two dollars reduced by ten percent of the claimant's
income over the phase-out amount or the property tax flat grant amount,
whichever amount is greater; OR
(II) For a grant claimed for years commencing on or after January
1, 2024, either the maximum grant amount allowed under this subsection
(2)( d) for the prior year, adjusted for inflation and reduced by ten percent
of the claimant's income over the phase-out amount, or the property tax flat
grant amount, whichever amount is greater.
(2.1) THE AMOUNT OF A HEAT OR FUEL EXPENSES GRANT IS:
(a) For a grant claimed for the 2023 calendar year, either two
hundred forty dollars reduced by ten percent of the claimant's income over
the phase-out amount or the heat or fuel expenses flat grant amount,
whichever amount is greater; OR
(b) For a grant claimed for years commencing on or after January 1,
2024, either the maximum grant amount allowed under this subsection (2.1)
for the prior year, adjusted for inflation and reduced by ten percent of the
claimant's income over the phase-out amount, or the heat or fuel expenses
flat grant amount, whichever amount is greater.
SECTION 4. In Colorado Revised Statutes, 43-4-217, amend (6)(a)
as follows:
43-4-217. Additional funding - road usage fees - rules -
legislative declaration -definitions.
(6) (a) A distributor is not required to pay the road usage fee
imposed by subsection (3) or ( 4) of this section or the bridge and tunnel
impact fee imposed as authorized by section 43-4-805 (5)(g.5), if the
distributor would otherwise be liable for the excise tax on the gasoline or
special fuel subject to the fee but is allowed to sell the gasoline or special
fuel without payment of the applicable excise tax pursuant to section
39-27-102 (l)(b)(II) or section 39-27-102.5 (2)(b).
PAGE 3-HOUSE BILL 26-1216
SECTION 5. In Colorado Revised Statutes, 43-4-806, repeal
(7.6)(a)(II)(A) and (7.6)(a)(II)(C) as follows:
43-4-806. High-performance transportation enterprise-creation
- enterprise status - board - funds - powers and duties - user fees -
limitations - reporting requirements - violations on the peak period
shoulder lanes -legislative declaration -definitions.
(7.6) (a) (II) As used in this subsection (7.6), unless the context
otherwise requires:
(A) "Battery eleett ic motot vehicle" has the same meaning as set
furth in section 43-4-1202 (1).
(C) "Plug-in hybrid electric motor vehicle" has the same meaning
as set furth in section 43-4-1202 (14).
SECTION 6. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 4-HOUSE BILL 26-1216
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
J~~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
..
v~= ~
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
w ~
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED CV\ l~ri5 fhnJ Sot\.. Z't'/2." M '3:oo'r"'
( ate an Time)
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