For 4 income tax years beginning in 2022, the act creates a refundable income tax credit for an early childhood educator who: Has an adjusted gross income that is less than or equal to $75,000 for an individual filing a single return or $150,000 for an individual filing a joint return; Holds an early childhood professional credential for at least part of the income tax year; and For at least 6 months of the income tax year, is either the licensee or employee of an "eligible program", as defined by the act. The amount of the credit is dependent on the eligible early childhood educator's credentialing level, with higher levels receiving a larger credit, and is annually adjusted for inflation. The department of human services, or a successor department, is required to annually provide the department of revenue with an electronic report of each individual who held an early childhood professional credential during the previous calendar year for which the credit is allowed. (Note: This summary applies to this bill as enacted.)
The act adjusts various requirements applicable to the "Colorado Loans for Increasing Main Street Business Economic Recovery Act" (program) that provides small business recovery loans to Colorado businesses, funded in part through the sale of insurance premium tax credits. The act: Extends the period through which the program can issue capital for the loan program through fiscal year 2023-24; Increases the amount of capital that can be issued in the last 3 fiscal years of the program without increasing the total amount that can be issued for the life of the program; Lowers the minimum amount of a loan to a small business from $30,000 to $10,000; Lengthens the maximum initial maturity of a loan to a small business from 5 years to 10 years; Changes the requirements for an eligible borrower to require one year of positive cash flow instead of 2, and at least one employee instead of at least 5 employees; Clarifies the benchmarks that apply to the program for making loans to businesses owned by socially and economically disadvantaged individuals; Extends the time for the program to issue tax credits through state fiscal year 2022-23; Extends the period through which the program can issue tax credits through fiscal year 2022-23 without changing the total amount of tax credits that can be issued over the life of the program; Allows tax credits issued in fiscal years 2021-22 and 2022-23 to be claimed on a schedule beginning in a taxable year that begins on or after January 1, 2023; and Removes a requirement that if additional state or federal money is appropriated or allocated to the program, the value of the tax credits authorized by the program must be reduced by the same amount.(Note: This summary applies to this bill as enacted.)
The act defines a "bingo strip card game" as a type of bingo that is played with a strip of up to 5 connected paper bingo cards, with each card containing a concealed grid of preprinted numbers ranging from one to 75. The winner is the first player to match the numbers drawn on one or more bingo balls to the prearranged pattern of numbers on a card. The maximum prize for an individual card may not exceed $1,000. The act also updates certain language concerning bingo and pull tab games and prohibits a licensee from possessing, using, selling, offering for sale, or putting into play any equipment unless it conforms to law and was purchased or leased by the licensee from a licensed bingo-raffle manufacturer or supplier or from a licensed agent of a bingo-raffle manufacturer or supplier. Current law states that the licensing authority may establish by rule the maximum number of bingo cards that a bingo player who plays using the aid of an electronic device is permitted to use with the aid of such a device per game; except that the maximum number must be at least 54. The act changes this limit to 100. Current law requires all money collected or received from the sale of admission, extra regular cards, special game cards, sale of supplies, and all other receipts from the games of bingo, raffles, and pull tab games to be deposited in a special checking or savings account, or both, of the licensee, which must contain only this money. The act updates this language to include money collected or received from the sale of bingo strip cards. For the 2022-23 state fiscal year, the act appropriates $47,471 from the department of state cash fund to the department of state (department) to be used as follows: $17,271 for use by the business and licensing division for personal services; $6,200 for use by the business and licensing division for operating expenses; and $24,000 for use by the information technology division for personal services.(Note: This summary applies to this bill as enacted.)
The act renews for July 2022, August 2022, and September 2022, after a 10-month hiatus, a temporary deduction from state net taxable sales for qualifying retailers in the alcoholic beverages drinking places industry, the catering industry, the food service contractors industry, the mobile food services industry, the restaurant and other eating places industry and for retailers operating a hotel-operated restaurant, bar, or catering service in the state. The temporary deduction from state taxable sales for qualifying retailers is equal to the lesser of state net taxable sales or $70,000 for each month for which a deduction is allowed. (Note: This summary applies to this bill as enacted.)
To provide additional funding for the community revitalization grant program, the act requires the state treasurer to transfer $20 million from the economic recovery and relief cash fund to the community revitalization fund on July 1, 2022. On and after the effective date of the act, for-profit entities and organizations are no longer eligible to receive grants through the program. (Note: This summary applies to this bill as enacted.)
The federal "Setting Every Community Up for Retirement Enhancement Act of 2019" expanded qualified distributions from a qualified state tuition program (529 account) to include expenses for fees, books, supplies, and equipment required for the participation of a designated beneficiary in certain apprenticeship programs. In light of these changes to federal law, the act amends Colorado law to clarify what qualifies as a qualified distribution from a 529 account for the purpose of determining state taxable income. The act allows expenses for fees, books, supplies, and equipment required for the participation of a designated beneficiary in certain apprenticeship programs to be treated as such a qualified distribution. (Note: This summary applies to this bill as enacted.)
The act requires the Colorado state forest service (forest service) to convene a working group (working group) that includes the division of fire prevention and control in the department of public safety (DFPC) and the United States forest service (USFS), and that may include other local, state, or federal partners and entities engaged in wildfire risk mitigation in the wildland-urban interface (WUI). The working group shall consider how best to conduct enhanced outreach campaigns during wildfire awareness month in 2023 and 2024, as well as other outreach efforts that inform and motivate residents in the WUI to engage in more wildfire risk mitigation. After considering feedback from the working group, the forest service shall implement an enhanced wildfire awareness month outreach campaign in conjunction with the DFPC and the USFS in 2023 and 2024, as well as other outreach efforts in the 2022-23 and 2023-24 state fiscal years. In implementing an enhanced wildfire awareness month outreach campaign and other outreach efforts, the forest service may, subject to available appropriations: Develop or contract for the development or placement of marketing and educational materials, including videos, direct mail, social media, print media, television and radio spots, and billboards; Conduct or contract for educational events targeted to residents in the WUI; Retain consultants, as necessary, to implement all or part of an outreach campaign, as well as other outreach efforts; Make enhancements to the forest service's web-based clearinghouse for technical assistance and funding resources and coordinate with working group partners and other entities to provide links to web-based educational resources and information; and Secure necessary staff to implement the outreach efforts. The act requires the state forester to report to the wildfire matters review committee during the 2023 and 2024 legislative interims concerning the outreach efforts implemented pursuant to the act, including the amount and use of money appropriated for outreach efforts and the impact of those efforts in increasing awareness of wildfire risk mitigation in the WUI. For the 2022-23 state fiscal year, the act appropriates $800,000 from the general fund to the healthy forest and vibrant communities fund for use by the Colorado state forest service in implementing the act. The act also authorizes the appropriation of money to the DFPC as necessary to implement the outreach plan. (Note: This summary applies to this bill as enacted.)
The act creates a state sales and use tax exemption commencing January 1, 2023, for all sales, storage, use, and consumption of incontinence products and diapers and period products. The act further provides that counties and municipalities may choose to adopt either or both exemptions by express inclusion in their sales and use tax ordinance or resolution. (Note: This summary applies to this bill as enacted.)
The food pantry assistance grant program is set to repeal on June 30, 2023. The act extends the food pantry assistance grant program through July 1, 2024. For the 2022-23 state fiscal year, the act appropriates $3 million from the general fund to be used for the purchase of Colorado agricultural products and agricultural products that hold cultural significance for indigenous first nations people, or for other cultures or subcultural groups, including the ways in which those agricultural products are produced. The act allows up to $100,000 annually of the appropriation to be used to hire a nonprofit entity to provide technical assistance to a grant recipient to train food pantries and assist in the location and purchase of Colorado agricultural products. (Note: This summary applies to this bill as enacted.)
The act allows fire departments, including fire protection districts and volunteer fire departments, to be compensated from certain state funding sources for wildland fire suppression activities conducted in the fire department's jurisdiction if the fire department relies primarily or solely on volunteer firefighters, the fire exceeds the department's capacity to extinguish or control, and the period of mutual aid has ended. The fire department must use money received to compensate volunteer firefighters in accordance with guidelines adopted by the division of fire prevention and control (division) in the annual wildfire preparedness plan. Boards of county commissioners are authorized to reimburse fire departments from county funds for wildland fire suppression activities conducted within the fire department's jurisdiction in the same circumstances. The act amends the existing local firefighter safety and disease prevention fund (fund) to require the division to give priority in awarding grants to governing bodies and volunteer fire departments that: Have lost tax revenues as a result of decreased assessment values due to a wildland fire within their jurisdiction in the previous 5 years; Rely solely or primarily on volunteer firefighters and serve communities affected by wildland fires; or Demonstrate the greatest need for additional funding to ensure the safety of volunteer and seasonal firefighters. In addition, money in the fund may be used to reimburse a multiple employer behavioral health trust (trust) for the direct costs of providing a behavioral health care to firefighters. In fiscal year 2022-23, the reimbursement to a trust is limited to $1 million. In subsequent years, the fire service training, certification, and firefighter safety advisory board makes recommendations on the amount that should be used for this purpose. The division is also authorized to directly purchase and distribute equipment and pay for training for governing bodies and volunteer fire departments without requiring a grant application. The general assembly is required to appropriate $1 million to the fund for fiscal year 2022-23, and to appropriate $5 million to the fund in each of fiscal years 2023-24 and 2024-25. On or before September 1, 2025, the staff of the joint budget committee is required to report on whether the amount of the annual appropriation should be adjusted based on current needs. The division is required to submit an annual report on expenditures from the fund to the wildfire matters review committee or a successor committee. An entity that employs firefighters, including volunteer firefighters, is required to participate in a trust to provide behavioral health-care services to its firefighters. The division is required to reimburse the trust for its direct costs, and if the available funding is insufficient, the requirement for employers to participate becomes optional. The trust is required to provide a program of basic services to firefighters for the prevention, diagnosis, and initial treatment of emotional, behavioral, or mental health disorders. The services are provided primarily on an outpatient basis, including telephonically or remotely. The trust is authorized to further define the services and benefits available and to adopt policies and procedures for the administration of the trust. The trust is required to report, together with the division, to the wildfire matters review committee on the extent to which the program is meeting the behavioral health-care needs of firefighters, the ongoing funding needs of the trust, and any other changes that are necessary to more effectively meet the behavioral health-care needs of firefighters. $1 million is appropriated from the general fund to the fund for use by the department. (Note: This summary applies to this bill as enacted.)
The act extends the advanced industry investment tax credit (credit) for an additional 4 years, increases the aggregate annual maximum amount of credits that may be allowed from $750,000 to $4 million, increases the credit from 30% to 35% of the amount of a qualified investment in rural or economically distressed areas, and increases the total amount of the credit for each qualified investment from $50,000 to $100,000. Current law requires that individuals who are co-owners of a business claim only their pro rata share of the credit. The act allows the credit to be allocated among partners, shareholders, members, or other constituent qualified investors in any manner agreed to by such partners, shareholders, members, or other constituent qualified investors. The act appropriates $90,000 to the office of the governor for use by economic development programs for advanced industries. (Note: This summary applies to this bill as enacted.)
The act allows an innovation school zone (innovation zone) to use an alternative governance structure by which the school district board of education (local school board) delegates management activities of schools within the innovation zone to another organization and the organization forms a partnership with the local school board. An innovation zone is required to submit information regarding the alternative governance structure in the innovation zone's innovation plan (plan) to the local school board. The act requires that the local school board and an innovation zone with alternative governance as a whole, or a school within the innovation zone with alternative governance, use a dispute resolution process to resolve disagreements regarding the administration of the plan. The act outlines the dispute resolution process. The act requires a local school board to review the level of performance of an innovation zone with alternative governance as a whole, and each school within the innovation zone with alternative governance, at the same time. The act clarifies that when a vote is required and concerns consent for a plan revision in an innovation zone with alternative governance as a whole, or a school within the innovation zone with alternative governance, the vote must occur within 30 days. Within the 30-day time frame or if approval is not secured, the initial plan must remain in effect. If a local school board votes to revoke the status of an innovation zone with alternative governance, or a school within the innovation zone with alternative governance, or to remove a school within the innovation zone with alternative governance from the innovation zone based on insufficient academic progress of the students enrolled in the innovation zone with alternative governance, an innovation zone with alternative governance may submit a written request to the state board of education and commissioner of education to review and comment on the local school board's determination. The act outlines the review and comment process. (Note: This summary applies to this bill as enacted.)
