SB 42

Section 20 of article X of the state constitution (TABOR) defines "fiscal year spending"" as excluding ""collections for another government"" and ""damage awards"". Although TABOR does not define either ""collections for another government"" or ""damage awards"", the TABOR implementing statutes define both terms. The bill clarifies both of these definitions for state fiscal years commencing on or after July 1, 2025. The bill clarifies that ""collections for another government"", as used for the purpose of determining whether specific money received by the state is subject to the TABOR limitation on state fiscal year spending, includes revenue from the excise tax on gasoline used as fuel for the propulsion of specified aircraft collected by the state and distributed to governmental or airport entities operating an FAA-designated public use airport. The bill also clarifies that ""damage award"", as used for the purpose of determining whether specific money received by the state is subject to the TABOR limitation on state fiscal year spending, includes certain civil fines and penalties imposed by the state. (Note: This summary applies to this bill as introduced.)"