Colorado Code § 32-13-108

Petition or resolution for formation and levy of tax - petition or resolution for extension of tax - verification of signatures - election
Open in Lexace · Ask the AI about this section
(1) (a) A scientific and
cultural facilities district may include a portion of one county, an entire county, or areas
contained within multiple counties of the state; except that no county shall include more than one
scientific and cultural facilities district composed of areas located solely within that county.
(b) The formation of a scientific and cultural facilities district other than the district
created in section 32-13-104 shall be initiated by a petition signed by registered electors of each
unincorporated area of a county and of each area within a municipality that is to be included in
the proposed scientific and cultural facilities district in number not less than five percent of the
votes cast in each area for all candidates for the office of governor at the last preceding general
election, by resolution adopted by the board, or by resolution of each board adopted pursuant to
an intergovernmental agreement entered into by the boards of county commissioners of the
county or counties in which a scientific and cultural facilities district is proposed.
(c) [Editor's note: This version of subsection (1)(c) is effective until July 1, 2025.]
Such petition or resolution shall state that the proposed scientific and cultural facilities district
would levy and collect for a period of time not to exceed ten years a uniform sales tax
throughout the geographical area of the district at a rate not to exceed thirty one-hundredths of
one percent upon every transaction or other incident with respect to which a sales tax is levied by
the county in which the transaction or other incident occurs, pursuant to the provisions of article
2 of title 29, C.R.S.
(c) [Editor's note: This version of subsection (1)(c) is effective July 1, 2025.] Such
petition or resolution shall state that the proposed scientific and cultural facilities district would
levy and collect for a period of time not to exceed ten years a uniform sales tax throughout the
geographical area of the district at a rate not to exceed thirty one-hundredths of one percent upon
every transaction or other incident with respect to which a sales tax is levied by the county in
which the transaction or other incident occurs, pursuant to the provisions of part 1 of article 2 of
title 29.
(d) Such petition or resolution shall be filed with the board or boards of county
commissioners of the county or counties in which the proposed scientific and cultural facilities
district would be formed 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.
(2) (a) The petition or resolution for the formation of a scientific and cultural facilities
district shall state:
(I) The name proposed for the scientific and cultural facilities district; and
(II) A description of the geographical area to be included in the scientific and cultural
facilities district sufficient to enable a property owner to determine whether his or her property
lies within the district.
(b) The petition or resolution for the formation of a scientific and cultural facilities
district may state any formula or criteria concerning the distribution of sales tax collections
pursuant to section 32-13-110 (3); including criteria that scientific and cultural facilities must
meet in order to receive moneys from the district which are in addition to the criteria specified in
section 32-13-110 (3)(a) and (3)(b). If the petition or resolution does include such formula or
criteria and the registered electors voting on the question vote affirmatively on the question of
creation of the district and the levy of the tax specified in paragraph (c) of subsection (1) of this
section, then such formula or criteria contained in such petition or resolution shall be binding
upon the board.
(c) The petition or resolution for the formation of a scientific and cultural facilities
district shall state the month, day, and year on which the authority of the scientific and cultural
facilities district to levy and collect the sales tax shall expire.
(2.5) (a) [Editor's note: This version of subsection (2.5)(a) is effective until July 1,
2025.] For purposes of complying with the provisions of section 20 (4) of article X of the state
constitution, the question of whether the board of a district created pursuant to this section shall
be authorized to continue the levy and collection of the sales tax throughout the district upon
every transaction or other incident with respect to which a sales tax is levied by the county in
which the transaction or other incident occurs, pursuant to the provisions of article 2 of title 29,
C.R.S., for a period of time not to exceed ten years from the date upon which the authority of the
board to levy and collect the sales taxes is scheduled to expire shall be initiated by a petition
signed by the registered electors of the district in a number not less than five percent of the votes
cast in the each incorporated and unincorporated area included within the district for all
candidates for the office of governor at the last preceding general election or initiated by a
resolution adopted by the board of the scientific and cultural facilities district.
(2.5) (a) [Editor's note: This version of subsection (2.5)(a) is effective July 1, 2025.]
For purposes of complying with the provisions of section 20 (4) of article X of the state
constitution, the question of whether the board of a district created pursuant to this section shall
be authorized to continue the levy and collection of the sales tax throughout the district upon
every transaction or other incident with respect to which a sales tax is levied by the county in
which the transaction or other incident occurs, pursuant to the provisions of part 1 of article 2 of
title 29, for a period of time not to exceed ten years from the date upon which the authority of the
board to levy and collect the sales taxes is scheduled to expire shall be initiated by a petition
signed by the registered electors of the district in a number not less than five percent of the votes
cast in the each incorporated and unincorporated area included within the district for all
candidates for the office of governor at the last preceding general election or initiated by a
resolution adopted by the board of the scientific and cultural facilities district.
(b) [Editor's note: This version of subsection (2.5)(b) is effective until July 1, 2025.]
Such petition or resolution shall state the name of the scientific and cultural facilities district and
that the district would continue to levy and collect a uniform sales tax throughout the
geographical area of the district at a rate not to exceed thirty one-hundredths of one percent upon
every transaction or other incident with respect to which a sales tax is levied by the county in
which the transaction or other incident occurs, pursuant to the provisions of article 2 of title 29,
C.R.S., for a period of time not to exceed ten years from the date upon which the authority of the
district to levy and collect the sales tax is scheduled to expire.
(b) [Editor's note: This version of subsection (2.5)(b) is effective July 1, 2025.] Such
petition or resolution shall state the name of the scientific and cultural facilities district and that
the district would continue to levy and collect a uniform sales tax throughout the geographical
area of the district at a rate not to exceed thirty one-hundredths of one percent upon every
transaction or other incident with respect to which a sales tax is levied by the county in which
the transaction or other incident occurs, pursuant to the provisions of part 1 of article 2 of title
29, for a period of time not to exceed ten years from the date upon which the authority of the
district to levy and collect the sales tax is scheduled to expire.
(c) Such petition or resolution shall be filed with the board or boards of county
commissioners of the county or counties in which the scientific and cultural facilities district is
located 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.
(3) (Deleted by amendment, L. 94, p. 476, 6, effective March 31, 1994.)
(3.5) Upon the filing of any petition pursuant to this section, each affected board of
county commissioners shall transmit the petition to its county clerk and recorder for verification
of signatures. Each county clerk and recorder shall verify the signatures of registered electors
from areas within such county within thirty days of receiving the petition. Any county clerk and
recorder who declares that the petition appears not to have a sufficient number of signatures
from areas within a county shall grant a fifteen-day extension to the petitioners to cure the
insufficiency by filing an addendum to the original petition for the purpose of offering the
number of signatures as will cure the insufficiency. No addendum offered as a cure shall be
considered unless the addendum conforms to the same requirements imposed upon the original
petition and unless filed with the county clerk and recorder within the fifteen-day period after the
insufficiency is declared. Any protest regarding the verification or sufficiency of signatures on
the petition shall be made pursuant to section 1-40-118, C.R.S., and any hearing or further
appeals regarding such protest shall be held in accordance with section 1-40-119, C.R.S.
(4) (a) If a petition or resolution for the formation of a scientific and cultural facilities
district and the levy and collection of the sales tax satisfies the requirements specified in this
section, each affected board of county commissioners shall submit, in identical form determined
by intergovernmental agreement, the question of the organization of the scientific and cultural
facilities district at the next general election or election held on the first Tuesday in November of
an odd-numbered year, whichever is held first after the filing of the petition or resolution. Any
question submitted shall comply with the requirements of section 20 of article X of the state
constitution, as applicable.
(b) If a petition or resolution for the extension of the authority to levy and collect a sales
tax by the scientific and cultural facilities district satisfies the requirements specified in this
section, the question of whether the scientific and cultural facilities district shall be authorized to
continue the levy and collection of sales tax throughout the district shall be submitted at the next
general election or election held on the first Tuesday in November of an odd-numbered year,
whichever is held first after the filing of the petition or resolution. Any question submitted shall
comply with the requirements of section 20 of article X of the state constitution, as applicable.
(5) (a) If at any such election a majority of the registered electors of the proposed district
voting on the question vote affirmatively on the question of the creation of the district and the
levy of the tax specified in paragraph (c) of subsection (1) of this section, then the district shall
come into existence, and such tax may be levied and collected as provided in this article. If a
majority of the registered electors of said area vote "No" on the question, the district shall not
come into existence.
(b) 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 tax specified in subsection (1) of this
section until the date specified in the question, then such sales tax shall continue to be levied,
collected, and distributed as provided for in this article until said date.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.