Colorado Code
Part 1 - Sales Tax
§ 39-26-123. Receipts - Disposition - Transfers of General Fund Surplus - Sales Tax Holding Fund - Creation - Definitions

(3.5) Repealed.

(I) to (III) (Deleted by amendment, L. 2009, (SB 09-228), ch. 410, p. 2266, § 21, effective July 1, 2009.)
(IV) If the revenue estimate prepared by the staff of the legislative council in December of state fiscal year 2017-18 or in December of any succeeding state fiscal year indicates that the amount of total general fund revenues for the state fiscal year will be sufficient to maintain the four percent or higher reserve required by section 24-75-201.1 (1), C.R.S., on February 1 of the fiscal year the state treasurer shall transfer from the sales and use tax holding fund to the highway users tax fund an amount equal to the lesser of:
(A) Fifty percent of the amount estimated in the December revenue estimate to be accrued and transferred to the highway users tax fund pursuant to this section for the entire fiscal year; or
(B) The balance of the sales and use tax holding fund.
(V) If the revenue estimate prepared by the staff of the legislative council in March of state fiscal year 2017-18 or in March of any succeeding state fiscal year indicates that the amount of total general fund revenues for the state fiscal year will be sufficient to maintain the four percent or higher reserve required by section 24-75-201.1 (1), C.R.S., on April 15 of the fiscal year the state treasurer shall transfer from the sales and use tax holding fund to the highway users tax fund the lesser of:
(A) The amount needed to ensure that the cumulative amount transferred from the sales and use tax holding fund to the highway users tax fund through April 15 equals seventy-five percent of the amount estimated in the March revenue estimate to be accrued and transferred to the highway users tax fund pursuant to this section for the entire fiscal year; or
(B) The balance of the sales and use tax holding fund.
(VI) (A) Effective June 30 of state fiscal year 2006-07, and effective June 30 of each state fiscal year thereafter, the state controller shall accrue all moneys in the sales and use tax holding fund as of that date to the highway users tax fund.
(B) Notwithstanding the provisions of sub-subparagraph (A) of this subparagraph (VI), the state controller shall reduce the amount accrued to the highway users tax fund pursuant to said sub-subparagraph and accrue moneys in the sales and use tax holding fund to the general fund to the extent necessary to ensure that the amount of general fund revenues for the state fiscal year is sufficient to maintain the four percent reserve required by section 24-75-201.1 (1), C.R.S.
(C) The state treasurer shall transfer, out of the amounts accrued by the state controller pursuant to sub-subparagraphs (A) and (B) of this subparagraph (VI), on September 20, 2007, and on September 20 of each succeeding fiscal year, the amounts needed to ensure that the cumulative amounts required to be accrued and transferred from the sales and use tax holding fund to the highway users tax fund and, if applicable to the general fund, equal ninety percent of the aggregate amounts required to be accrued and transferred to the funds pursuant to this section for the entire preceding fiscal year. The state treasurer shall transfer the remainder of the amounts accrued pursuant to said sub-subparagraphs on the date on which the state controller distributes the comprehensive annual financial report of the state.

(4.5) Repealed.

Source: L. 37: p. 1098, § 1. CSA: C. 144, § 33. CRS 53: § 138-6-32. C.R.S. 1963: § 138-5-32. L. 64: p. 658, § 18. L. 79: Entire section R&RE, p. 1469 § 1, effective July 1. L. 81: (2)(c) amended, p. 1890, § 1, effective June 12. L. 83: (2)(c)(I)(D) amended, p. 1522, § 8, effective March 22; (2)(c)(I)(E) amended and (2)(c)(I)(E.5) added, p. 2098, § 10, effective October 13. L. 84: (2)(c)(I)(E.5) amended, p. 1142, § 4, effective June 7. L. 85: (2)(c)(I)(G) amended and (2)(c)(V) repealed, pp. 1268, 1271, §§ 6, 12, effective May 30. L. 86: (2)(c)(I)(G) amended, p. 1120, § 20, effective July 1. L. 87: Entire section R&RE, p. 1553, § 1, effective July 1. L. 97: Entire section amended, p. 1531, § 1, effective July 1. L. 98: (1), (2)(a)(I)(A), (2)(d), and (2)(e) amended, p. 905, § 3, effective May 26. L. 99: (1), (2)(a)(I)(A), (2)(a)(III), (2)(d), and (2)(e) amended, p. 561, § 1, effective May 7. L. 2000: (2)(a)(I)(A) amended and (2)(a)(I)(A.6) added, p. 901, § 2, effective May 24; (2)(a)(I)(A) amended and (2)(a)(I)(A.8) added, p. 1436, § 5, effective May 31; (2)(a)(I)(A.7) added, p. 552, § 7, effective July 1; (2)(a)(I)(A) amended, p. 1360, § 46, effective July 1, 2001; (2)(a)(I)(A.5) added, p. 1425, § 2, effective July 1, 2001. L. 2001: (2)(a)(I)(A.6) amended, p. 1463, § 2, effective June 6. L. 2001, 2nd Ex. Sess.: (2)(a)(I)(A) and (2)(a)(II) amended and (2)(a)(I)(A.9) added, p. 35, § 1, effective November 9. L. 2002: (2)(a)(I)(A) and (2)(a)(I)(A.9) amended and (2)(a)(I.5) added, p. 145, § 2, effective March 27; (2)(a)(I)(A.6) amended, p. 149, § 2, effective March 27; (2)(a)(I)(A) amended and (2)(a.5) added, p. 389, § 3, effective April 30; (2)(a.5)(III) amended, p. 682, § 4, effective May 28; (2)(a)(I)(A), (2)(a)(I)(B), and IP(2)(b) amended and (4) added, p. 914, § 2, effective May 31; (2)(a)(I)(B) and IP(2)(b) amended and (4) added, p. 902, § 3, effective May 31. L. 2003: (4) amended, p. 1538, § 1, effective May 1; (2)(a)(I)(B) amended, p. 2636, § 3, effective June 5; (3) amended, p. 1552, § 1, effective July 1. L. 2006: (2)(a)(I)(A) and (4)(a) amended and (5) added, p. 938, § 2, effective July 1; (3) amended, p. 2022, § 118, effective July 1; entire section R&RE, p. 1598, § 1, effective July 2. L. 2007: IP(3)(a) amended, p. 2049, § 97, effective June 1; IP(3)(a), (3)(a)(II), and (3)(a)(III) amended, p. 1386, § 1, effective July 1. L. 2008: (3)(a)(II) and (3)(a)(III) amended, p. 869, § 1, effective July 1; (3)(a)(II)(D) and (3)(a)(IV) amended and (3)(a)(II)(E) added, p. 872, § 2, effective August 5. L. 2009: IP(4)(a) amended and (4.5) added, (SB 09-278), ch. 212, p. 965, § 2, effective May 1; (2), IP(3)(a), (3)(a)(I), (3)(a)(II)(C), (3)(a)(II)(D), (3)(a)(II)(E), (3)(a)(III)(C), (3)(a)(IV)(A), (3)(b), IP(4)(a), (4)(a)(I), (4)(a)(II), (4)(a)(III), IP(4)(a)(IV), IP(4)(a)(V), (4)(a)(VI)(B), (4)(b)(I), (4)(b)(II), and (5) amended and (3.5) added, (SB 09- 228), ch. 410, p. 2266, § 21, effective July 1. L. 2010: (1)(a.5) added, (HB 10-1284), ch. 355, p. 1686, § 8, effective July 1; (6) added, (HB 10-1284), ch. 355, p. 1686, § 9, effective August 11. L. 2011: (1)(a.5), (6)(a), and (6)(b)(I) amended, (HB 11-1043), ch. 266, p. 1213, § 24, effective July 1; IP(3)(a), (3)(a)(II)(E), and (3)(a)(IV)(B) amended, (SB 11-210), ch. 187, p. 720, § 3, effective July 1, 2012. L. 2013: (3) R&RE, (SB 13-127), ch. 349, p. 2027, § 1, effective July 1. L. 2014: (6)(c) added by revision, (SB 14-215), ch. 352, pp. 1616, 1619, §§ 10, 14. L. 2015: IP(4)(a) amended and (4.5) repealed, (SB 15-264), ch. 259, p. 967, § 91, effective August 5. L. 2019: (1)(a) and (3) amended and (1)(a.7) added, (HB 19-1245), ch. 199, p. 2159, § 7, effective August 2. L. 2020: (3)(a) amended, (HB 20-1367), ch. 163, p. 761, § 1, effective June 29; IP(3)(b)(II) amended, (HB 20-1402), ch. 216, p. 1058, § 69, effective June 30. L. 2021: (3.5) repealed, (SB 21-260), ch. 250, p. 1402, § 15, effective June 17.

Cross references: (1) For the old age pension fund, see article XXIV of the state constitution and § 26-2-115.
(2) For the short title ("Affordable Housing Act of 2019") and the legislative declaration in HB 19-1245, see sections 1 and 2 of chapter 199, Session Laws of Colorado 2019.
(3) For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.