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Colorado Senate Concurrent Resolution 003 of 2013

Colorado Senate Concurrent Resolution 003 of 2013

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Published by Medicinal Colorado
SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AMENDMENTS TO THE COLORADO CONSTITUTION CONCERNING MARIJUANA,AND,IN CONNECTION THEREWITH, ALLOWING THE REGISTERED ELECTORS TO VOTE ON TWO 104 SEPARATE BUT RELATED QUESTIONS

Recreational Marijuana Sales & Excise Tax TABOR compliance bill
SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AMENDMENTS TO THE COLORADO CONSTITUTION CONCERNING MARIJUANA,AND,IN CONNECTION THEREWITH, ALLOWING THE REGISTERED ELECTORS TO VOTE ON TWO 104 SEPARATE BUT RELATED QUESTIONS

Recreational Marijuana Sales & Excise Tax TABOR compliance bill

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Published by: Medicinal Colorado on Sep 28, 2013
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02/10/2014

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First Regular SessionSixty-ninth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. R13-1020.01 Sharon Eubanks x4336
SCR13-003
Senate CommitteesHouse Committees
Business, Labor, & Technology
SENATE CONCURRENT RESOLUTION 13-003
 
S
UBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF
101
C
OLORADO AMENDMENTS TO THE
C
OLORADO CONSTITUTION
102
CONCERNING MARIJUANA
,
AND
,
IN CONNECTION THEREWITH
,
103
ALLOWING THE REGISTERED ELECTORS TO VOTE ON TWO
104
SEPARATE BUT RELATED QUESTIONS
:
 
1)
 
I
MPOSING A STATE
105
EXCISE TAX OF
15%
ON THE FIRST SALE OR TRANSFER OF
106
UNPROCESSED RETAIL MARIJUANA BY A RETAIL MARIJUANA
107
CULTIVATION FACILITY
,
IMPOSING AN ADDITIONAL STATE SALES
108
TAX OF
15%
ON THE SALE OF RETAIL MARIJUANA AND RETAIL
109
MARIJUANA PRODUCTS
,
ALLOWING THE GENERAL ASSEMBLY TO
110
DECREASE OR INCREASE THE RATE OF EITHER OR BOTH TAXES
111
WITHOUT FURTHER VOTER APPROVAL SO LONG AS THE RATE OF
112
SENATE SPONSORSHIP
Cadman and Morse,
Balmer, Baumgardner, Crowder, Giron, Grantham, Guzman, Harvey,Heath, Hodge, Johnston, Kefalas, Kerr, King, Lambert, Lundberg, Newell, Nicholson,Renfroe, Scheffel, Schwartz, Tochtrop, Todd
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.Dashes through the words indicate deletions from existing statute.
 
EITHER TAX DOES NOT EXCEED
15%,
AND ALLOWING THE
101
RESULTING TAX REVENUES TO BE COLLECTED AND SPENT
102
REGARDLESS OF ANY LIMITATIONS IMPOSED BY LAW
;
AND
2)
 
I
F
103
A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION FAIL
104
TO APPROVE THE IMPOSITION OF A STATE EXCISE TAX AND A
105
STATE SALES TAX ON RETAIL MARIJUANA AT THE ELECTION
106
HELD IN
N
OVEMBER OF
2013,
SUSPENDING THE PROVISIONS OF
107
SECTION
16
OF ARTICLE
XVIII
OF THE
C
OLORADO
108
CONSTITUTION RELATING TO THE REGULATION OF MARIJUANA
109
UNTIL A MAJORITY OF THE ELECTORS APPROVE THE IMPOSITION
110
OF NEW STATE TAXES OR INCREASES IN STATE TAX RATES
111
SUFFICIENT TO ANNUALLY FUND THE ESTIMATED COSTS OF
112
STATE REGULATION OF MARIJUANA
.
113
Resolution Summary
(Note: This summary applies to this resolution as introduced and does not reflect any amendments that may be subsequently adopted. If thisresolution passes third reading in the house of introduction, a resolution summary that applies to the reengrossed version of this resolution will beavailable at http://www.leg.state.co.us/billsummaries.)
The concurrent resolution submits two questions concerningmarijuana to the voters of the state at the statewide election to be held in November of 2013. If the voters approve the first question, the concurrentresolution will impose a state sales tax and a state excise tax on retailmarijuana, legalized by section 16 of article XVIII of the stateconstitution, as follows:
Excise tax.
Beginning January 1, 2014, the concurrent resolutionwill impose a tax on the first sale or transfer of unprocessed retailmarijuana by a retail marijuana cultivation facility to a retail marijuanastore, retail marijuana product manufacturing facility, or another retailmarijuana cultivation facility. The amount of the tax is 15% of theaverage market rate of unprocessed retail marijuana statewide on the datethat it is sold or transferred, as determined by the department of revenue,and the tax will be imposed when a retail marijuana cultivation facilitysells or transfers unprocessed retail marijuana to a retail marijuana store,a retail marijuana product manufacturing facility, or another retailmarijuana cultivation facility.On or after January 1, 2014, the general assembly is authorized toSCR13-003-2-
 
establish a tax rate that is lower than 15% of the average market rate bya bill enacted by the general assembly that becomes law. After establishing a tax rate that is lower than 15%, the general assembly mayincrease the rate by bill enacted by the general assembly and signed intolaw by the governor, so long as the rate does not exceed 15%. An increasein the rate does not require additional voter approval.
Sales tax.
Beginning January 1, 2014, the concurrent resolutionwill impose a tax of 15% on the sale of retail marijuana or retailmarijuana products to a consumer by a retail marijuana store. The tax to be imposed is in addition to the 2.9% state sales tax and any localgovernment sales tax that is imposed on the sale of all property andservices pursuant to current law.On or after January 1, 2014, the general assembly is authorized toestablish a rate that is lower than 15% by a bill enacted by the generalassembly that becomes law. After establishing a tax rate that is lower that15%, the general assembly may increase the rate by bill enacted by thegeneral assembly and signed into law by the governor, so long as the ratedoes not exceed 15%. An increase in the rate does not require additionalvoter approval.If the voters approve the first question, the state will be allowed tocollect and spend any revenues generated by the retail marijuana exciseand sales taxes as voter-approved revenue changes.If the voters do not approve the first question to impose a statesales tax and a state excise tax on retail marijuana and the voters approvethe second question, the concurrent resolution will suspend all provisionsof section 16 of article XVIII of the state constitution relating to theregulation of marijuana until such time as voters approve the impositionof new state taxes or increases in state tax rates sufficient to fund theestimated costs of state regulation of marijuana.
 Be It Resolved by the Senate of the Sixty-ninth General Assembly
1
of the State of Colorado, the House of Representatives concurring herein:
2
SECTION 1.
At the statewide election to be held on the first3Tuesday of November in 2013, there shall be submitted to the registered4electors of the state of Colorado, for their approval or rejection, the5following amendments to the constitution of the state of Colorado, to wit:6In the constitution of the state of Colorado, section 16 of article7XVIII,
amend
(9); and
add
(5) (d.1), (5) (d.2), and (5) (d.3) as follows:8SCR13-003-3-

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