Colorado Code § 39-28-401

Submission of ballot issue - increased tax on cigarettes and tobacco products - new tax on nicotine products - definition
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(1) As used in this section, "ballot issue"
means the question referred to voters in subsection (2) of this section.
(2) At the election held on November 3, 2020, the secretary of state shall submit to the
registered electors of the state for their approval or rejection the following ballot issue: "Shall
state taxes be increased by $294,000,000 annually by imposing a tax on nicotine liquids used in
e-cigarettes and other vaping products that is equal to the total state tax on tobacco products
when fully phased in, incrementally increasing the tobacco products tax by up to 22% of the
manufacturer's list price, incrementally increasing the cigarette tax by up to 9 cents per cigarette,
expanding the existing cigarette and tobacco taxes to apply to sales to consumers from outside of
the state, establishing a minimum tax for moist snuff tobacco products, creating an inventory tax
that applies for future cigarette tax increases, and initially using the tax revenue primarily for
public school funding to help offset revenue that has been lost as a result of the economic
impacts related to COVID-19 and then for programs that reduce the use of tobacco and nicotine
products, enhance the voluntary Colorado preschool program and make it widely available for
free, and maintain the funding for programs that currently receive revenue from tobacco taxes,
with the state keeping and spending all of the new tax revenue as a voter-approved revenue
change?"
(3) For purposes of section 1-5-407, the ballot issue is a proposition. Section 1-40-106
(3)(d) does not apply to the ballot issue.
(4) Repealed.

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