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House Bill 1107_L.001

The Original Bill Amendment in Microsoft Word Format
 HB1107_L.001

SENATE

FLOOR AMENDMENT


Second Reading HB01-1107

Date _________


BY SENATOR Cairns

Amendment No. ___________


Amend reengrossed bill, page 2, after line 1, insert the following:

"SECTION 1. Legislative declaration. (1) The general 
assembly hereby finds and declares that, with the rapidly escalating cost 
of natural gas, individuals with limited incomes are having an 
increasingly difficult time finding adequate resources to heat their homes 
this winter.

(2) The general assembly further finds and declares that it is 
necessary to provide immediate financial assistance to such individuals 
through the low-income energy assistance program and such other 
additional sources of funding for low-income energy assistance that can 
be derived from the private sector to encourage and affirm private charity.

SECTION 2. Part 5 of article 22 of title 39, Colorado Revised 
Statutes, is amended BY THE ADDITION OF A NEW SECTION to 
read:

39-22-527. Credit for low-income energy assistance - repeal. 
(1) FOR ANY INCOME TAX YEAR COMMENCING ON OR AFTER JANUARY 1, 
2001, BUT PRIOR TO JANUARY 1, 2002, ANY TAXPAYER WHO MAKES A 
QUALIFYING CONTRIBUTION SHALL BE ALLOWED A CREDIT AGAINST THE 
INCOME TAX IMPOSED BY THIS ARTICLE IN AN AMOUNT EQUAL TO SUCH 
CONTRIBUTION.

(2) FOR PURPOSES OF THIS SECTION, A "QUALIFYING 
CONTRIBUTION" MEANS A MONETARY CONTRIBUTION TO:



(a) THE COLORADO LOW-INCOME ENERGY ASSISTANCE PROGRAM 
ADMINISTERED BY THE DEPARTMENT OF HUMAN SERVICES;

(b) A PRIVATE ENERGY ASSISTANCE CHARITY; OR

(c) A FAITH-BASED OR OTHER CHARITY THAT DISPERSES THE 
MONEYS TO PAY THE HOME HEATING EXPENSES OF LOW-INCOME 
INDIVIDUALS.

(3) THE CREDIT ALLOWED BY THIS SECTION SHALL NOT EXCEED 
ONE THOUSAND DOLLARS OR THE TAXPAYER'S ACTUAL INCOME TAX 
LIABILITY FOR THE TAX YEAR FOR WHICH THE CREDIT IS CLAIMED, 
WHICHEVER IS LESS.

(4) IF THE AMOUNT OF THE CREDIT ALLOWED PURSUANT TO THIS 
SECTION EXCEEDS THE AMOUNT OF INCOME TAXES OTHERWISE DUE ON 
THE TAXPAYER'S INCOME IN THE INCOME TAX YEAR FOR WHICH THE 
CREDIT IS BEING CLAIMED, THE AMOUNT OF THE CREDIT NOT USED AS AN 
OFFSET AGAINST INCOME TAXES IN SAID INCOME TAX YEAR MAY BE 
CARRIED FORWARD AND USED AS A CREDIT AGAINST SUBSEQUENT YEARS' 
INCOME TAX LIABILITY FOR A PERIOD NOT TO EXCEED FIVE YEARS AND 
SHALL BE APPLIED FIRST TO THE EARLIEST INCOME TAX YEARS POSSIBLE. 
ANY CREDIT REMAINING AFTER SAID PERIOD SHALL NOT BE REFUNDED OR 
CREDITED TO THE TAXPAYER.

(5) ANY CREDIT CLAIMED PURSUANT TO THIS SECTION SHALL BE 
ACCOMPANIED BY AN AFFIDAVIT OR SUCH OTHER RECEIPTS OR FORMS AS 
MAY REQUIRED BY THE EXECUTIVE DIRECTOR TO VERIFY THE AMOUNT 
AND USE OF THE QUALIFYING CONTRIBUTION.

(6) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2003.".

Renumber succeeding sections accordingly.

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