The act creates the cash fund solvency fund from which the state controller may transfer money to another cash fund for which it is anticipated that there will be a cash deficit. Thereafter, the state controller is required to transfer the same amount of money from the cash fund back to the cash fund solvency fund in one or more installments, which may be over multiple fiscal years. The state controller is required to annually report to the joint budget committee and the office of state planning and budgeting about any transfers made.The act also requires the state treasurer to transfer to the marijuana cash fund $1,805,317 from the marijuana tax cash fund and $1,200,000 from the general fund.(Note: This summary applies to this bill as enacted.)
The act allows a medical marijuana cultivation facility licensee to receive and change marijuana's designation from retail to medical and a medical marijuana products manufacturer licensee to receive and change a marijuana product from retail to medical.The act clarifies that a transfer and change of designation of the marijuana from retail to medical does not create a right to a refund of a retail marijuana excise tax imposed or paid prior to the transfer and change of designation.The act requires the state licensing authority to submit a report to the general assembly analyzing the feasibility of allowing a retail marijuana cultivation facility licensee to receive and change marijuana's designation from medical to retail and a retail marijuana products manufacturer licensee to receive and change a marijuana product from medical to retail.(Note: This summary applies to this bill as enacted.)
The act establishes a mobile veterans-support unit grant program (grant program) to provide grant funding to a veteran-owned-and-focused organization to create a mobile veterans-support unit. A mobile veterans-support unit acts as a point of contact to veterans in rural areas or to veterans experiencing homelessness, regardless of the veteran's discharge status. The mobile veterans-support unit transports veterans who do not have access to public or private transportation. The act requires the mobile veterans-support unit to make every effort to ensure the vehicle is compliant with the federal "Americans with Disabilities Act of 1990".The division of local government (division), created as a division of the department of local affairs, shall establish and administer the grant program.For the 2021-22 state fiscal year, $229,070 is appropriated from the general fund and an additional 0.6 FTE is provided to the division to implement the act.(Note: This summary applies to this bill as enacted.)
Section 2 of the act requires CollegeInvest to provide the department of revenue (department) with a secure electronic report of CollegeInvest account holders who are also Colorado taxpayers who made distributions between January 1, 2017, and January 1, 2021. The department is required to examine a risk-based sample of such taxpayers to substantiate that the distribution was made for authorized purposes. The department is also required to regularly example a risk-based sample of distributions on or after January 1, 2021, and determine if the taxpayer paid the correct amount of income tax. The executive director of the department is required to provide a report of the examinations as part of the department's presentation to its legislative committee of reference.Section 3 of the act modifies how taxable income is determined for individuals for purposes of the state income tax. Specifically, it:Extends the limit on the federal deduction allowed under section 199A of the internal revenue code; Imposes a cap for taxpayers with adjusted gross incomes equal to or exceeding $400,000 on certain itemized deductions claimed under the internal revenue code; Requires individual taxpayers to add amounts of federal taxable income that are equal to the enhanced federal deductions for food and beverage in a restaurant for the 2022 income year (this is also required for corporate taxpayers in section 7 of the act); Repeals, for social security income earned by individuals who are 65 years of age or older that is included in federal taxable income only, the cap on the deduction for pension and annuity income received; and Adds an annually adjusted cap, per taxpayer per beneficiary, on the income tax deduction for contributions made to 529 plans, and requires CollegeInvest to provide the department with a secure electronic report containing specified information for the 529 plans account owners and third-party contributors necessary for the administration of the income tax deduction. Section 4 of the act increases the earned income tax credit to 20% for income tax years commencing on or after January 1, 2022, but before January 1, 2023, and income tax years commencing on or after January 1, 2026. Section 3 also increases the earned income tax credit to 25% for income tax years commencing on or after January 1, 2023, but before January 1, 2026. Finally, section 4 of the act applies the lowered minimum age for individuals without a qualifying child in the federal "American Rescue Plan Act of 2021" to the state credit for income tax years commencing on or after January 1, 2022.Section 5 of the act funds the child tax credit for income tax years commencing on or after January 1, 2022, and allows a child tax credit in the state regardless of the federal requirement that a qualifying child must have a social security number for the federal child tax credit. Section 5 of the act also specifies that if the changes to the federal child tax credit in the "American Rescue Plan Act of 2021" are no longer in effect, the percentages of the state child tax credit are increased.Section 6 of the act modifies the computation of the corporate income tax receipts factor to make it more congruent with combined reporting and also prevents corporations from using tax shelters in foreign jurisdictions for the purpose of tax avoidance.Section 7 of the act functions to prevent corporations from using tax shelters in foreign jurisdictions for the purpose of tax avoidance and additionally modifies how taxable income is determined for C corporations for purposes of the state income tax. Specifically, it requires corporate taxpayers to add amounts of federal taxable income that are equal to the enhanced federal deductions for food and beverage in a restaurant for the 2022 income year.Section 8 of the act limits the state subtraction for certain capital gains incurred by allowing the subtraction to a taxpayer who is required to file a Schedule F, profit or loss from farming, as an attachment to the taxpayer's federal income tax return for the tax year in which the net capital gains arise for the sale of real property, not tangible personal property, that is classified as agricultural land for property tax purposes.Section 9 of the act creates a temporary income tax credit for a business for a percentage of the conversion costs to convert the business to a worker-owned coop, an employee stock ownership plan, or an employee ownership trust.Sections 10 through 13 of the act address the avoidance of income tax by certain captive insurance companies.Section 14 of the act adds an appropriation to:The office of the governor for use by the office of economic development for the administration of the income tax credit for a business converting to a worker-owned coop, an employee stock ownership plan, or an employee ownership trust; and The department of revenue for administration and support.(Note: This summary applies to this bill as enacted.)
Effective July 1, 2022, the act creates the department of early childhood (new department) to:Provide early childhood opportunities; Coordinate the availability of early childhood programs and services throughout Colorado; Establish state and community partnerships for a mixed delivery of child care and early childhood programs through school- and community-based providers; Prioritize the interests and input of children, parents, providers, and the community in designing and delivering early childhood services and programs; Prioritize the equitable delivery of resources and supports for early childhood; and Unify the administration of early childhood programs and services. The act moves the early childhood leadership commission (commission) to the new department, effective July 1, 2022.The act creates a transition working group (working group), consisting of the co-chairs of the commission and representatives of certain state agencies and the governor's office, and directs the co-chairs of the commission to convene a transition advisory group (advisory group).The act directs the working group, working with a consultant and with the advice of the advisory group, to develop a transition plan (plan) for the coordination and administration of early childhood services and programs by the new department and the departments of education, human services, and public health and environment, including, to the extent necessary, the transition of existing programs and services to the new department. The act includes specific requirements for the plan.The governor's office must submit the plan to the joint budget committee as part of the governor's 2022 budget request, and the working group must submit the plan to the commission for approval. As soon as practicable after the plan is approved, the governor's office must submit the approved plan to the joint budget committee with any necessary budget request amendments. The working group must submit the approved plan to other committees of the general assembly by November 15, 2021, and must meet with the early childhood and school readiness legislative commission by December 1, 2021, to present the plan.The act also directs the working group, working with the consultant and with the advice of the advisory group, to develop recommendations for a new voluntary, universal preschool program (recommendations) to be funded partially by the recently increased sales tax on tobacco and operated by the new department beginning in the 2023-24 school year. The act specifies requirements that the new preschool program must meet. The working group must also convene and work with a subgroup that focuses on issues relating to serving children with disabilities through the new preschool program. The working group must submit the recommendations to the commission for approval and must then submit the recommendations to the joint budget committee and other committees of the general assembly by January 15, 2022.The act requires the governor's office to contract with one or more private entities to consult with the working group in developing and implementing the plan and in developing the recommendations and to analyze the current use of existing early childhood programs in the state.For the 2021-22 fiscal year, to implement the act, there is appropriated from the general fund:$587,500, with the assumption of an additional 3.6 FTE, to the office of the governor; $267,161, with the assumption of an additional 1.2 FTE, to the office of early childhood in the department of human services; and $96,867, with the assumption of an additional 0.9 FTE, to the department of education.(Note: This summary applies to this bill as enacted.)
On and after May 31, 2021, the act changes the name of Lincoln park and Liberty park in the capitol complex to "Lincoln veterans' memorial park".The act makes an appropriation.(Note: This summary applies to this bill as enacted.)
The act requires the state department of human services (department) to establish a veteran suicide prevention pilot program (pilot program) to reduce the suicide rate and suicidal ideation among veterans by providing no-cost, stigma-free, confidential, and effective behavioral health treatment for up to 700 veterans and their families in El Paso County. Subject to available money, the department may expand the pilot program to serve more than 700 veterans or to other areas of the state. The department may enter into an agreement with a nonprofit or educational organization to administer the pilot program. The department is required to include information about the pilot program in its annual report to the general assembly. The pilot program is repealed June 30, 2025.The act appropriates $1,660,000 from the general fund to the department of human service for the pilot program.(Note: This summary applies to this bill as enacted.)
To be deemed to maintain a home office or regional home office and pay the insurance premium tax at a rate of 1%, the act requires a company to have a minimum percentage of its total domestic workforce in the state. This percentage is 2% for 2022, 2.25% for 2023, and 2.5% for 2024 and thereafter. The act also narrows the tax exemption for annuities considerations. For the purpose of auditing a company's tax statement, the commissioner of insurance may appoint an independent examiner to conduct an examination on behalf of the commissioner.For purposes of imposing the property tax, the act specifies that the actual value of real property reflects the value of the fee simple estate and the actual value of personal property is determined based on the property's value in use, which will be defined by the property tax administrator. The act also increases the per schedule exemption for business personal property from $7,900 to $50,000, adjusted for inflation, and the state is required to reimburse local governments for lost property tax revenue caused by the increase. Assessors are required to provide an estimate of the exempt business personal property along with the certifications to local governments.The state sales and use tax is imposed on the sale and use of tangible personal property. The act codifies the department of revenue rule that the definition of "tangible personal property" includes "digital goods" and specifies that the state sales tax applies to amounts charged for mainframe computer access, photocopying, and packing and crating. Beginning January 1, 2022, a retailer whose total taxable sales were greater than $1 million for a filing period is not permitted to retain any portion of the sales and use tax collected as compensation for the retailer's tax-collection expenses.The act limits the allowable deductions, which are used to determine the taxable amount of oil and gas subject to the severance tax, to direct costs actually paid or accrued by the taxpayer for those purposes. Beginning with the 2022 taxable year, the act phases out the quarterly exemption and the tax credits for the severance tax on coal. The additional revenue that results from changes to the coal severance tax is credited to the just transition cash fund.(Note: This summary applies to this bill as enacted.)
The act directs the state board of education (state board) to review, during a recurring interval specified in the act, standards relating to the knowledge and skills that a student should acquire in school to ensure that the financial literacy standards for ninth through twelfth grade include an understanding of the costs associated with obtaining a postsecondary degree or credential and how to budget for and manage the payment for those costs, including managing student loan debt and accessing student aid through completion of the free application for federal student aid (FAFSA) and the Colorado application for state financial aid (CASFA); understanding credit cards and credit card debt; understanding homeownership and mortgages; and understanding retirement plans, including investments and retirement benefits.The act adds to the resources contained in the existing financial literacy resource bank created and maintained by the state board specific references relating to assessing the affordability of higher education and how to budget and pay for higher education, as well as how to manage student loan debt; understanding the purpose of and how to access and complete the FAFSA or CASFA; understanding credit cards and credit card debt; understanding the home buying process, including home loans and managing mortgage debt; and understanding retirement plans, including investments and retirement benefits.The act adds assessing the affordability of higher education and how to budget and pay for higher education, as well as how to manage student loan debt to the suggested financial literacy curriculum that a school district is encouraged to adopt. Further, the act requires school districts and charter schools, as part of the process of establishing the individual career and academic plan for a student in grades 9 through 12, to inform the student and the student's parents of the importance of completing the FAFSA and CASFA and to provide help in completing the forms, if requested.(Note: This summary applies to this bill as enacted.)
The act implements recommendations of the 2020 Colorado Fire Commission Annual Report.The act updates 3 mutual aid statutes affecting the responsibilities of requesting and assisting fire control. Under current statutory provisions, all resources from an agency assisting in fire prevention are under the control of the requesting agency and liability is placed with the requesting agency. Under the changes made by the act, the assisting agency, working under the direction of the incident commander, retains operational control of its resources and, therefore, retains liability for the actions of its crews. The act incorporates the term "emergency responder" to categorize the different agencies assisting in fire prevention.The regional and statewide mutual aid system (RSMAS) is a regional and statewide system that provides for the coordinated initial response of emergency responders to emergency incidents. The act establishes the RSMAS to be administered by the division of fire prevention and control (division) in the department of public safety.The director of the division is required to establish, implement, and maintain the RSMAS. Among the duties of the director in administering the RSMAS is implementing the Colorado coordinated regional mutual aid system (CCRMAS). The CCRMAS establishes geographic areas within the state to be known as division of fire prevention and control (DFPC) districts. Each DFPC district has a regional mutual aid coordinator, whose duties include ensuring that a competent mutual aid plan exists in each DFPC district and who serves as the point of contact within the DFPC district and coordinates mutual aid requests for fire and EMS resources. The act specifies the duties of each regional mutual aid coordinator and of the director of the division with respect to administration of the RSMAS and CCRMAS overall.Unless an emergency responder has opted out of the RSMAS and CCRMAS, all emergency responders are part of the RSMAS and CCRMAS. An emergency responder is relieved from any duty to make its equipment and personnel available to the RSMAS and CCRMAS under circumstances specified in the act. An emergency responder that opts out of the RSMAS and CCRMAS is only eligible for reimbursement to the extent authorized in the rules promulgated by the director of the division.The RSMAS and CCRMAS do not affect any other mutual aid agreement that may be entered into by one or more emergency responders.The act mandates consultation between the director of the office of emergency management (OEM) and the director of the division of fire prevention and control with respect to the CCRMAS. The act requires the director of the OEM to ensure that resources in the CCRMAS are included in the all-hazards resource mobilization system. The director of the OEM is also required to coordinate with the state coordination center to ensure sufficient and effective implementation and integration of the state resources mobilization plan and state and local emergency operations plans.At the end of any state fiscal year commencing with the 2022 state fiscal year, the act requires the state treasurer to transfer any money in the aviation resources line of the annual general appropriation act for that same state fiscal year that would otherwise revert to the general fund into the wildfire preparedness fund (WPF). Money transferred by the state treasurer into the WPF must be used for the purpose of traditional mitigation efforts. As long as money transferred into the WPF is being expended for one of the purposes specified in the act, the division may allocate the money to any such purpose as will maximize the impact of such funding as the division may determine in its sole discretion.Not less than once every 3 years commencing January 15, 2025, the division is required to report to the joint budget committee concerning its expenditures from the transfers made into the WPF under the act.The act appropriates $1,108,800 from the general fund to the department of public safety for the 2021-22 state fiscal year for its implementation.(Note: This summary applies to this bill as enacted.)
The act increases and clarifies domestic violence training requirements (training) for court personnel (personnel) who are regularly involved in cases related to domestic matters, including child and family investigators, parenting responsibility evaluators, and legal representatives of children.Training for all personnel must include both an initial training requirement as well as an ongoing annual continuing education requirement as follows:Six initial hours of training on domestic violence, including coercive control, and its traumatic effects on children, adults, and families; Six initial hours of training on child abuse and child sexual abuse and its traumatic effects; and Four subsequent hours of training every two years on domestic violence, child abuse, and child sexual abuse and the traumatic effects on children, adults, and families. For the 2021-22 state fiscal year, the act appropriates $86,680 to the judicial department from the general fund for general courts administration and $6,200 for capital outlay.(Note: This summary applies to this bill as enacted.)
Current law repeals the forest health advisory council, which was created within the Colorado state forest service, on September 1, 2021, subject to sunset review. The act repeals the forest health advisory council and creates the Colorado forest health council within the division of forestry within the department of natural resources and specifies the new council's membership and duties. The council is scheduled for sunset review in 2026.(Note: This summary applies to this bill as enacted.)
