For purposes of calculating a taxpayer's Colorado taxable income, current state law begins from a base of the taxpayer's federal taxable income and provides for various modifications to that base, including subtractions from federal taxable income (state income tax deductions) in amounts equal to the full amounts of both contributions made by a taxpayer to the qualified state tuition program established by collegeinvest and distributions of investment earnings taken from the plan. For income tax years commencing on or after January 1, 2018, section 2 of the bill modifies these state income tax deductions by making the percentages of the amounts of contributions or distributions allowed to be subtracted from a taxpayer's taxable income dependent upon the amount of the taxpayer's federal adjusted gross income as follows: 200% of the amounts of contributions or distributions for a taxpayer whose federal adjusted gross income is less than $100,000; 100% of the amounts of contributions or distributions for a taxpayer whose federal adjusted gross income is $100,000 or more but less than $200,000; 50% of the amounts of contributions or distributions for a taxpayer whose federal adjusted gross income is $200,000 or more but less than $500,000; and 25% of the amounts of contributions or distributions for a taxpayer whose federal adjusted gross income is $500,000 or more. For income tax years commencing on or after January 1, 2018, section 3 allows refundable state income tax credits for teaching or student teaching in rural schools as follows: A teacher who has graduated from an educator preparation program approved by the Colorado commission on higher education may claim a credit, in a specified amount that increases each year, for each of the first 5 years that the teacher teaches in one or more rural schools; and A student teacher who is a student in an educator preparation program approved by the Colorado commission on higher education and has worked as a student teacher in one or more rural schools for at least a specified number of days during an academic year may claim a one-time credit up to a specified maximum amount against tuition and fees paid for the educator preparation program. To ensure that the credits are allowed only to qualified rural teachers and student teachers who are eligible for the credits, the department of education must coordinate with and annually submit a list of such teachers and student teachers to the department of revenue. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates definitions of a student 'threat assessment' and a student 'suicide assessment'. The bill requires that when a student transfers to a new public school, including a charter or pilot school (public school), if the student's file contains a threat or suicide assessment and if the new public school, or a person acting on behalf of the student, requests copies of the student's records, the previous public school, or out-of-home placement if applicable, is required to transfer the student's threat or suicide assessment to his or her new public school with the other records requested. If a request for records is not made, the previous public school is not required to independently transfer the threat or suicide assessment. Current law allows for the transfer of threat or suicide assessments, but it does not require it.(Note: This summary applies to this bill as introduced.)
The bill allows a licensed private investigator to enter a common interest community for a reasonable period of time for the sole purpose of serving process after he or she presents a copy of his or her private investigator's license and a copy of the documents to be served. A licensed private investigator who is allowed access to a common interest community to serve process shall not use such access to perform any investigative activities. A common interest community that is not staffed shall adopt and implement a procedure for allowing legitimate service of process to residents. An HOA, a community association manager of a common interest community, or a landlord of a residential premises is immune from civil liability for any damages caused by a process server who enters the community or premises to serve process to a resident unless such damages are at least partially attributable to a negligent act or omission by the HOA, community association manager, or landlord. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 1 of the bill provides a nonstatutory legislative declaration. Section 2 adds 'preference point' to the documents listed under the definition of 'license'. Sections 3 and 18 add 'sponsorships' and 'donations' to the list of money transfers that the parks and wildlife commission (commission) is authorized to receive and expend. Section 3 also adds 'contributions'. Section 4 requires the commission, in using revenue generated from increased license fee amounts authorized by the bill for property purchases, to emphasize easement acquisition and ensure other avenues have been pursued before fee simple acquisition of property. Sections 6, 15, 16, and 19 raise the maximum fee amounts that the commission may assess by rule for certain licenses, permits, and passes. Sections 6, 15, 16, and 19 also authorize the commission to apply a consumer price index adjustment to a fee that has been set at the maximum fee amount allowed, which fee adjustment does not count toward the maximum fee amounts set. Section 7 allows the division of parks and wildlife (division) to grant up to 25% of the money derived from sales of the state migratory waterfowl stamp to nonprofit organizations implementing the North American waterfowl management plan, for the sole benefit of migratory waterfowl habitat conservation and related capital improvements. Section 8 removes references to the fee assessed for the youth small game hunting license since the maximum fee amount for the license is listed in another part of statute. Section 8 also authorizes the commission to establish by rule a special licensing program for young adult hunters and anglers and requires that, if the commission establishes such a licensing program by rule, the commission must define 'young adult' in a manner that does not include adults 26 years of age or older. Section 9 changes the name of the wildlife management public education advisory council to the wildlife council. Section 10 requires the division to prepare reports on the status of certain license fee increases that the commission is authorized to promulgate pursuant to the bill and nonconsumptive users' use of division-managed land, and to present the reports to the agriculture committees in the house of representatives and the senate. Section 11 increases the fine imposed against a person who violates a wildlife statute or rule that does not have a specific penalty listed for the violation from $50 to $100. Section 12 requires all fines collected for violations of wildlife provisions to be split equally between the general fund and the wildlife cash fund; except that, once the general fund has been credited $214,174 of the fines, all of the fines collected thereafter are credited to the wildlife cash fund. Similarly, section 27 requires all fines collected for violations of parks and recreation provisions to be split between the general fund and the wildlife cash fund; except that, once the general fund has been credited $6,250 of the fines, all of the fines collected thereafter are credited to the wildlife cash fund. Section 13 raises the penalty for a number of wildlife-license-related offenses to an amount equal to twice the cost of the most expensive license for the species. Section 13 also clarifies that engaging in conduct that requires a license without a license is a violation subject to an assessment of 5 license suspension points and a fine amount equal to twice the cost of the most expensive license issued for the activity that the person unlawfully engaged in without the requisite license; except that a violation based on fishing without a license is subject to a $125 fine and an assessment of 10 license suspension points. Section 13 also raises the age for youth who are exempted from having to obtain a fishing license from youth under 16 years of age to youth under 18 years of age. Section 14 increases the fine for unlawfully transporting, importing, exporting, or releasing native wildlife from $50 to $150. Section 25 requires a person to purchase an aquatic nuisance species sticker to operate or use a vessel on the waters of the state or possess a vessel at a vessel staging area. The fees collected on the sale of aquatic nuisance species stickers are credited to the division of parks and wildlife aquatic nuisance species fund to help fund inspections of vessels and associated conveyances for the presence of aquatic nuisance species, decontamination of vessels or conveyances with the presence of aquatic nuisance species, lake monitoring for the presence of aquatic nuisance species, and outreach efforts. Under current law, 'pass' or 'registration' is defined as a document issued by the division authorizing the use of land or water under the division's control. Section 17 adds 'sticker' to the definition to encompass the aquatic nuisance species sticker created in section 23. Section 20 establishes that a violation of the requirement to obtain an aquatic nuisance species sticker is a class 2 petty offense, punishable by a fine equal to twice the cost of a nonresident motorboat or sailboat aquatic nuisance species sticker. Section 21 repeals the division of wildlife aquatic nuisance species fund and renames the division of parks and outdoor recreation aquatic nuisance species fund as the division of parks and wildlife aquatic nuisance species fund, combining the 2 existing funds into one fund. Sections 5 and 28 make conforming amendments regarding the combining of the 2 funds into one renamed fund. Section 22 removes the $5 cap on the fee that the division may charge a person for replacement of a lost or destroyed pass or registration. The fee is set at 50% of the cost of the original pass or registration. Section 24 defines 'nonmotorboat' and 'stand-up paddleboard', and redefines 'sailboat' to exclude a sailboard for purposes of obtaining an aquatic nuisance species sticker. Section 26 changes the penalty for a violation of statutes and rules concerning parks and recreation for which a specific penalty is not listed from a class 2 petty offense to a misdemeanor and raises the fine from $50 to $100. Section 23 establishes that engaging in certain unlawful conduct involving a permit, pass, license, registration, or sticker issued by the division is a misdemeanor violation subject to a $200 fine.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently, a brewery licensed as a wholesaler may conduct tastings and sell its alcohol beverage products at its licensed premises, and a spirits distillery or winery may do so at its licensed premises and at one additional sales room. The bill permits these licensees to operate up to 2 additional sales rooms. The brewery sales room locations are limited to three consecutive days. Current law authorizes the state licensing authority to specify, by rule, the time by which a local licensing authority must submit a response to an application to operate a temporary sales room for not more than 3 days. The bill applies this standard to a brewery. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires the staff of the legislative council to prepare demographic notes on legislative bills in each regular session of the general assembly. The speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate are authorized to request 5 demographic notes each, or more at the discretion of the director of research of the legislative council. The bill requires the staff of the legislative council to meet with the member of leadership requesting the demographic note and with the sponsor of the legislative bill to discuss whether a demographic note can practically be completed for that legislative bill. If not, the member of leadership may request a demographic note, within the limits specified in the bill, on a different legislative bill that might be more conducive to a demographic note's analysis. A demographic note is defined as a note that uses available data to outline the potential disparate effects of a legislative measure on various populations within the state. Populations may be identified by race, gender, disability, age, geography, income, or any other relevant characteristic for which data are available. The bill requires the director of research to develop the procedures for requesting, completing, and updating the demographic notes and to memorialize the procedures in a letter to the executive committee of the legislative council. Finally, the bill requires each state department, agency, or institution to cooperate with and provide information for a demographic note of a legislative bill in the manner requested by the staff of the legislative council. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
For purposes of the 'Fair Campaign Practices Act', an independent expenditure committee is one or more persons that make an independent expenditure in excess of $1,000 or that collect in excess of $1,000 for the purpose of making an independent expenditure. An independent expenditure is an expenditure that is not controlled by or coordinated with any candidate or agent of such candidate. The bill prohibits a candidate or candidate committee from establishing, financing, or maintaining an independent expenditure committee to receive contributions or make expenditures for or against any candidate for the same office in the same district or, in the case of a statewide candidate, for or against any candidate for the same statewide office. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires applicants for initial licensure or certification, as well as current licensees and certificate holders, to submit to a fingerprint-based criminal history record check for: Podiatrists ( sections 1 and 2 ); Dentists and dental hygienists ( sections 3 and 4 ); Medical doctors, physician assistants, and anesthesiologist assistants ( sections 5 and 6 ); Nurses ( sections 7 and 8 ); Certified nurse aides ( sections 12 and 13 ); Optometrists ( sections 16 through 18 ); and Veterinarians ( sections 19 through 21 ). Sections 9 and 10 of the bill establish standards for certain professional nurses, practical nurses, and retired volunteer nurses who suffer from a physical or mental illness or condition that renders the nurse unable to practice. Section 11 of the bill eliminates the nurse alternative to discipline program. Sections 14 and 15 of the bill require an employer of a certified nurse aide (CNA) to report any violation of the CNA practice act that results in a CNA being terminated from employment, including resignation in lieu of termination, within 30 days after the termination or resignation. The state board of nursing is authorized to fine an employer that fails to report the termination or resignation. Section 22 amends the 'Medical Transparency Act of 2010' to include a person applying for nurse licensure under the 'Enhanced Nurse Licensure Compact' within the definition of 'applicant'. Section 23 of the bill repeals the current 'Nurse Licensure Compact' and adopts the 'Enhanced Nurse Licensure Compact'. Section 24 appropriates $576,126 from the Colorado bureau of investigation identification unit fund to the department of public safety to implement the bill.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill repeals the interagency farm-to-school coordination task force (task force) and ends the terms of current members of the Colorado food systems advisory council (council). The bill provides for the appointment of new members to the council. The council's duties are to: Collaborate and coordinate with producers, relevant state and federal agencies, and consumers regarding linking Colorado producers, particularly specialty crop producers, with food and nutrition assistance programs; Collaborate with relevant state and federal agencies and other entities regarding the study, development, and recommendation of policies and methods to best implement the farm-to-school program; Collaborate with producers, relevant government agencies, educational institutions, nongovernmental organizations, and consumers regarding support for the recommendations in the Colorado blueprint for food and agriculture, and ensure that the blueprint, or its successor, is updated as needed; Conduct research regarding national best practices regarding food and nutrition assistance, direct and intermediated market development, and farm-to-school programs as well as other priorities determined by the council; Collaborate with, serve as a resource to, and receive input from local and regional food policy councils in the state; Explore methods of collecting and assessing statewide data relating to council activities and report the relevant information and data regarding council activities as required by current law; and Collaborate with the department of agriculture in leveraging existing domestic marketing programs that benefit Colorado agriculture. The bill extends the repeal of the council from September 1, 2018, to September 1, 2022. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 2 of the bill prohibits a person from serving on the public utilities commission if he or she: Has, within the immediately preceding 4 years, served as an officer or director of a regulated utility; or Has or acquires any official relation to, or financial interest in, a regulated utility. 'Financial interest' does not include passive ownership of stocks through a mutual fund or similar vehicle. Section 3 encourages the director of the commission to assign employees to temporary training and development sessions with other state agencies, particularly those with which the commission has frequent interaction, to improve the employees' substantive expertise and familiarity with the operations of those agencies. Section 3 also requires the director to keep audio records of the commission's proceedings and make them publicly available online. In addition, section 3 expressly authorizes the executive director of the department of regulatory agencies (of which the commission is a part) to request that the state auditor conduct performance audits of the commission and its staff and operations. Section 5 directs the commission to adopt rules concerning conflicts of interest, incompatible activities, and ex parte communications to govern the conduct of commission members, staff, and administrative law judges. Sections 1 and 4 make conforming amendments. Section 6 appropriates $22,812 to the department of regulatory agencies for legal services.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Joint Budget Committee. Under current law, the retail marijuana sales tax rate is scheduled to decrease on July 1, 2017, from 10% to 8%. The bill eliminates the reduction and keeps the tax rate at 10%.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law allows a court to grant bail after a person is convicted, pending sentencing or appeal; except that no bail is allowed for persons convicted of certain specific crimes. To this list of crimes the bill adds a second or subsequent conviction for stalking that occurs within 7 years after the date of a prior offense for which the person was convicted; stalking when there was a protection order, injunction, or condition of bond, probation, or parole or any other court order in effect that protected the victim from the person; and any offense that includes an act of domestic violence if the defendant at the time of sentencing has been previously convicted of three or more prior offenses that included an act of domestic violence and that were separately brought and tried and arising out of separate criminal episodes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
