Colorado § 24-77-108 - Creation of a new fee-based enterprise.

§ 24-77-108. Creation of a new fee-based enterprise.

In order to provide transparency and oversight to government mandated fees the People of the State of Colorado find and declare that:

(1) A state enterprise qualified or created after January 1, 2021, as defined under Colo. Const. Art. X, section 20(2)(d), shall not receive more than $100,000,000 in revenue from fees and surcharges in its first five fiscal years unless approved at a statewide general election. If a state enterprise has collected one hundred million dollars ($100,000,000) in fees and surcharges within its first five fiscal years prior to receiving voter approval, the state enterprise shall stop collecting fees and surcharges. Ballot titles for enterprises shall begin, "SHALL AN ENTERPRISE BE CREATED TO COLLECT REVENUE TOTALING (full dollar collection for first five fiscal years) IN ITS FIRST FIVE YEARS...?"

(2) Revenue collected for enterprises created simultaneously or within the five preceding years serving primarily the same purpose shall be aggregated in calculating the applicability of this section.

(3) For the purposes of applying the requirements of subsections (1) and (2) of this section:

(a) Enterprises serve primarily the same purpose when they provide the same services in the same geographic area; and

(b) The first five fiscal years of a state enterprise for the purpose of calculating the one hundred million dollar amount set forth in subsection (1) are the first five state fiscal years since the creation or first qualification of the enterprise.

Source: Initiated 2020: Entire section added, Proposition 117, effective upon proclamation of the Governor, effective December 31, 2020. See L. 2021, p. 4224. L. 2022: (1) amended and (3) added, (HB 22-1400), ch. 414, p. 2923, § 4, effective June 7.

Editor's note: This section was added by Proposition 117, effective upon proclamation of the governor, December 31, 2020. The vote count for the measure at the general election held November 3, 2020, was as follows:

FOR: 1,573,114

AGAINST: 1,420,445

Cross references: For the legislative declaration in HB 22-1400, see section 1 of chapter 414, Session Laws of Colorado 2022.

ANNOTATION

Voter approval of SB 21-260 enterprises not required. This section requires voter approval of a newly created enterprise only if the enterprise and any other enterprises that serve primarily the same purpose and that were created either simultaneously or within the preceding five years have projected aggregate revenue exceeding $100 million from fees and surcharges in the first five fiscal years. Therefore, the creation without voter approval by SB 21-260 of multiple enterprises that did not serve primarily the same purpose and did not in any individual case exceed $100 million in fee and surcharge revenue in their first five years did not violate this section. Ams. for Prosperity v. Colo., 2025 COA 46, 571 P.3d 930.