The 'State Administrative Procedure Act' (APA) currently defines a small business as a business with fewer than 500 employees. The bill redefines 'small business', for purposes of the APA, to mean a business entity, including its affiliates, that: Is independently owned and operated and employs fewer than 500 employees; or Has gross annual sales of less than $6 million. Prior to adopting rules, an agency is required to prepare a regulatory flexibility analysis in which the agency considers using regulatory methods that will accomplish the objectives of applicable statutes while minimizing the adverse impact on small businesses. For purposes of the regulatory flexibility analysis, the bill defines 'small business' as a business that is independently owned and operated and employs 100 or fewer employees. When preparing the regulatory flexibility analysis, the agency shall consider methods to reduce the impact on small businesses, such as: Establishing less stringent compliance or reporting requirements; Establishing less stringent schedules or deadlines for compliance or reporting; Consolidating or simplifying compliance or reporting requirements; Establishing different performance standards; and Exemptions for small businesses. The agency shall also: Determine the necessity for the proposed rules; Identify the fiscal impact of the rules; Identify and analyze the least costly alternatives to the rules and adopt the least costly alternatives unless the agency provides written justification for adopting a more costly regulatory approach; and Analyze whether small businesses should be exempted from the rules or whether less burdensome rules should be applied to small businesses and adopt exemptions or less burdensome rules, unless the agency provides written justification for a more burdensome regulatory approach. The agency shall file the regulatory flexibility analysis with the secretary of state for publication in the Colorado register at the same time that it files its notice of proposed rule-making and the draft of proposed rules. The existing provision in the APA on forming representative groups to give input on proposed rules is amended to require any state agency (agency) proposing rules that are likely to have an impact on small businesses to expand outreach to and actively solicit representatives of small businesses to participate in the representative group and in the rule-making hearing for the rules. The agency must make good faith efforts to expand outreach and notification to small businesses that lack a trade association or lobbyist to represent the types of small businesses impacted by the proposed rules. The executive director of the department of regulatory agencies, or his or her designee, shall develop a one-stop location on the department's website that provides a place for small businesses and the public to access the regulatory flexibility analyses that are prepared by state agencies. A small business that is adversely affected or aggrieved by the failure of the agency to comply with the regulatory flexibility analysis requirements may file a request with the executive director of the department of regulatory agencies to require the agency to prepare a cost-benefit analysis of the proposed rules and to direct the agency to adjust the rule-making schedule to allow for the preparation of the cost-benefit analysis. For the 2017-18 fiscal year, the bill appropriates the following money for the implementation of the bill: $323,886 to the department of revenue; $102,664 to the department of public health and environment; $86,926 to the department of regulatory agencies; $8,240 to the department of state.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates a strategic planning legislative steering committee (steering committee) to lead the statewide effort to establish a vision for education in the state (vision) and create a strategic statewide education plan (strategic plan) to achieve the vision. The bill creates an executive advisory board consisting of representatives from the departments of education and higher education, a co-chair of the early childhood leadership commission, and a representative from the governor's office. The chair and vice-chair of the steering committee will appoint a statewide advisory board consisting of representatives of the pertinent education stakeholder groups from around the state. The steering committee must contract with a nonprofit, nonadvocacy organization to act as facilitator for the steering committee and the advisory boards. The bill describes the duties of the steering committee to be completed, with assistance from the advisory boards and the facilitator, in 4 phases. The duties include: Reviewing and synthesizing input already collected by the departments of education and higher education concerning the state education system; Reviewing research to identify the critical elements of the existing state education system and benchmarking the elements as implemented in Colorado against the elements as implemented in high-performing states and countries; Creating a structure and process for soliciting and synthesizing input from around the state to create the vision and the strategic plan; and After creating the vision and the strategic plan, overseeing the ongoing implementation of the strategic plan, including measuring the state's progress toward achieving the vision, periodically reviewing the vision and strategic plan, and, if necessary, revising the vision and strategic plan. The steering committee must establish the timeline for creating the vision and the strategic plan and for beginning to implement the strategic plan. Beginning November 15, 2017, the steering committee must submit an annual report to the state board of education, the Colorado commission on higher education, the governor, and the education committees of the general assembly summarizing the work it completes each year and recommending legislative and regulatory changes, if necessary. The steering committee and the advisory boards are not subject to sunset review. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The starting point for determining state income tax liability is federal taxable income. This number is adjusted for additions and subtractions (deductions) that are used to determine Colorado taxable income, which amount is multiplied by the state's 4.63% income tax rate. Currently, a person who is 55-64 years old may deduct up to $20,000 of retirement benefits from federal taxable income, and a person who is 65 years old or older may deduct up to $24,000. These limits apply to retirement benefits from all sources, including those related to service in the military. The bill creates an additional deduction under which a person of any age may deduct a percentage of military retirement benefits from his or her state income tax. In 2018, the percentage is equal to 10%, and it increases by 10% each year thereafter until all military retirement benefits are exempt. All other retirement benefits and military retirement benefits in excess of the limit for the new deduction continue to be deductible under the existing deduction, subject to the existing limits on ages and amounts. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill allows a person who legally possesses a handgun under state and federal law to carry a concealed handgun in Colorado. A person who carries a concealed handgun under the authority created in the bill has the same carrying rights and is subject to the same limitations that apply to a person who holds a permit to carry a concealed handgun under current law, including the prohibition on the carrying of a concealed handgun on the grounds of a public elementary, middle, junior high, or high school. The bill reduces an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law requires each principal department to review all of its rules, in accordance with a schedule established by the department of regulatory agencies (DORA), to assess, among other things, the continuing need and cost-effectiveness of each rule. The bill repeals the DORA schedule-setting and instead requires each department to complete or have completed, by November 1, 2018, an initial comprehensive internal rule review. Commencing in 2021, the bill imposes a triennial schedule for such reviews to be conducted. The bill further specifies that the public and certain state agencies must be accorded no fewer than 14 business days to provide input regarding an agency's rules during its review, and that any input received must be attached to the report setting forth the results of the rule reviews included in each agency's departmental regulatory agenda. Additionally, the bill encourages each principal department to undertake an annual review of rules to ensure that the rules conform to any federal or state laws enacted, or any federal or state rules promulgated, within the previous year. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill establishes the Colorado secure savings plan (plan), which is a retirement savings plan for private-sector employees in the form of an automatic enrollment payroll deduction individual retirement account. Employers with a specified number of employees in the state are required to participate in the plan, but any employer may choose to participate in the plan. The Colorado secure savings plan board of trustees (board) is created and consists of the state controller, the director of the governor's office of state planning and budgeting, and 7 additional trustees with certain experience who are appointed by the governor and confirmed by the senate. The trustees on the board have a fiduciary duty to the plan's enrollees and beneficiaries and are required to: Establish investment options that offer employees returns on contributions without incurring debt or liabilities to the state; Establish the process for allocating investment earnings and losses to individual plan accounts on a pro rata basis; Make and enter into contracts and hire staff as necessary for the administration of the plan; Conduct a periodic review of the performance of any investment vendors; Cause money in the Colorado secure savings plan fund (fund) to be invested with the intent to achieve cost savings through efficiencies and economies of scale; Establish the process for an enrollee to contribute a portion of his or her wages to the plan for automatic deposit and establish the process by which the participating employer forwards those contributions to the plan; Establish the process for enrollment in the plan including the process by which an employee can opt not to participate in the plan; Accept gifts, grants, and donations from specified entities and pursue options for bank loans or a line of credit to cover the start-up costs of the plan; Procure, as needed, insurance against loss in connection with the property, assets, or activities of the plan; Allocate administrative fees to individual retirement accounts in the plan on a pro rata basis; Set minimum and maximum contribution levels; Facilitate education and outreach to employers and employees; Ensure that the plan complies with all applicable state and federal laws; Deposit all gifts, grants, donations, fees, and earnings from investment of moneys in the fund into the fund and pay the administrative costs and expenses for the creation, management, and operation of the plan from moneys in the fund; Determine any nominal and reasonable assistance that may be provided to businesses to offset the initial costs of enrolling employees in the plan and complying with audits and plan implementation; Prepare or cause to be prepared certain annual audits and annual reports regarding the plan; Develop a process to ensure that employers are in compliance with the requirements of the plan and develop a penalty structure for employers who fail, without reasonable cause, to enroll employees in the plan; Conduct or cause to be conducted a financial feasibility study to ensure that the plan will be self-sustaining; and Conduct an analysis of relevant consumer protections available under federal law and make recommendations to the general assembly regarding additional necessary consumer protections that should be included in legislation implementing the plan. The bill specifies the process by which the board is required to engage an investment manager to invest the assets of the plan and specifies the investment options that the board is required to create. The bill creates the fund as a trust outside of the state treasury, specifies that the fund will include the individual retirement accounts of enrollees in the plan, and allows the board to use a certain percentage of money in the fund for the administrative expenses of the plan. The money in the fund is not property of the state and cannot be commingled with state money. The board must design and disseminate employer and employee information packets regarding the plan and the options for employee participation in the plan to all employers that participate in the plan. If, based on the required financial feasibility study, the board determines that the plan will be self-sustaining and would promote greater retirement savings for private-sector employees, the board must recommend to the general assembly that the plan be implemented. The board may not implement the plan unless the general assembly, acting by bill, directs the board to implement the plan. The bill dictates the timing for the board to implement the plan, if directed to do so by the general assembly, and a time frame for employers to establish a system by which enrollees in the plan can remit payroll deduction contributions to the plan. Employers must automatically enroll employees in the plan unless an employee has opted out of participation in the plan. Enrollees may select an investment option and contribution level or use the default investment option and contribution amount established by the board. The bill specifies that the state and employers do not have any duty or liability to any party for the payments of any retirement savings benefits accrued by any individual through the plan. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently, a person who is not lawfully present in the United States may obtain a driver's license or identification card if certain requirements are met. One of the requirements is that the person present a taxpayer identification card. The bill allows a social security number to also meet this requirement. The bill also allows the license or identification card to be reissued or renewed in accordance with the process used for other licenses and identification cards. $216,000 is appropriated to the department of revenue from the licensing services cash fund to implement the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill establishes a private school tuition income tax credit for income tax years commencing on or after January 1, 2018, that allows any taxpayer to claim a credit when the taxpayer enrolls a dependent qualified child in a private school or the taxpayer provides a scholarship to a qualified child for enrollment in a private school and the private school issues the taxpayer a credit certificate for either enrolling a dependent qualified child in the private school or providing a scholarship to a qualified child for enrollment in the private school. The credit may be carried forward for 3 years but may not be refunded, and the department of revenue is granted rule-making authority. In addition, the credit may be transferred, subject to certain limitations. The amount of the credit is: For any qualified child attending a private school on a full-time basis as described in the state board of education rules, an amount equal to either the tuition paid or the scholarship provided to a qualified child, as applicable, or 50% of the previous year's state average per pupil revenues, whichever is less; and For any qualified child attending a private school on a half-time basis as described in the state board of education rules, an amount equal to either the tuition paid or the scholarship provided to a qualified child, as applicable, or 25% of the previous year's state average per pupil revenues, whichever is less. The bill also establishes an income tax credit for income tax years commencing on or after January 1, 2018, that allows any taxpayer who uses home-based education for a qualified child to claim an income tax credit in an amount equal to: $1,000 for a taxpayer who uses home-based education for a qualified child who was enrolled on a full-time basis as described in the state board of education rules in a public school in the state prior to being taught at home; and $500 for a taxpayer who uses home-based education for a qualified child who was enrolled on a half-time basis as described in the state board of education rules in a public school in the state prior to being taught at home. The credit may be carried forward for 3 years but may not be refunded. In addition, the credit may be transferred, subject to certain limitations. The bill decreases the general fund appropriation made in the annual general appropriation act for the 2017-18 state fiscal year to the department of education for the state share of districts' total program funding by $50,000,000. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate Health and Human Services Committee. The bill implements the recommendations of the sunset review and report on the certification of speech-language pathologists through the department of regulatory agencies by: Extending the automatic termination date of the 'Speech-language Pathology Practice Act' to September 1, 2022, pursuant to the sunset law ( sections 1 and 2 of the bill); and Removing references to the American Speech-Language-Hearing Association ( sections 3 and 4 of the bill).(Note: This summary applies to this bill as introduced.)
The bill creates a financial relief program, available from July 1, 2017, through December 31, 2018, or until the total amount of money appropriated for the program is distributed, to provide financial assistance to individuals and their families residing in the program area who spend more than 15% of their household income on individual health insurance premiums. The Colorado health benefit exchange (exchange) is to oversee the program, and counties in the program area may elect to administer the program in their counties. For any county that opts not to administer the program, the exchange is to administer the program in that county. Financial relief is available to individuals and families residing in the program area who are determined eligible based on the following: The individual or family enrolled in and paid premiums for a bronze, silver, or gold level individual health benefit plan purchased through the exchange; The individual or family has a household income of more than 400%, but not more than 500%, of the federal poverty line; The individual or family does not have access to a government-sponsored program, such as medicaid or medicare, or an affordable employer-sponsored plan; and The individual or family pays more than 15% of the household income on premiums for the plan. The exchange is to certify that an individual or family resides in the program area and has enrolled in one of the specified health benefit plans, the premium amount of the plan, the household income of the individual or family, and that the individual or family does not have access to a government-sponsored program or employer-sponsored plan. The amount of financial relief is calculated based on the cost of the premium for the lowest-cost bronze health benefit plan available to the individual or family through the exchange, minus an amount equal to 15% of the individual's or family's household income. The general assembly is to appropriate not more than $5.7 million from the general fund to the department of health care policy and financing, for allocation to the exchange to provide financial assistance to individuals who qualify under the program. A carrier offering individual health benefit plans on the exchange must permit an individual to purchase an individual health benefit plan on the exchange during a special enrollment period that begins June 1, 2017, and ends August 1, 2017, for plans effective through December 31, 2017. For the 2018 plan year, individuals are subject to the standard open enrollment period specified in law. The program repeals on September 1, 2019, unless congress enacts and the president signs legislation repealing the advance premium tax credit authorized under federal law, in which case the program repeals upon the date of the repeal of said tax credit. The bill appropriates $5.7 million to the department of health care policy and financing for allocation to the exchange to provide financial relief to qualified individuals. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill amends the definition of 'durable medical equipment supplier' to include a person or entity that bills or bids or plans to bill or bid in the current calendar year for services or products listed in the centers for medicare and medicaid services durable medical equipment, prosthetics, orthotics, and supplies in a current bidding program or pursuant to any successor bidding program.. The bill clarifies the requirements for a durable medical equipment supplier to do business in Colorado. For each of its physical locations providing services in Colorado, a durable medical equipment supplier must be licensed by the Colorado secretary of state and attest that each of its physical locations providing services in Colorado are within 100 miles of any Colorado-resident medicare beneficiary being served by the supplier in Colorado or any Colorado medicaid recipient who is being served by the provider in Colorado. The bill includes language relating to licensing durable medical equipment suppliers that prohibits a supplier from meeting the requirements through a durable medical equipment warehouse or repair facility, but does allow a supplier to domicile a fully accredited facility within a durable medical equipment warehouse or repair facility. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill repeals the income tax credits for innovative motor vehicles and innovative trucks for purchase and leases entered into on or after January 1, 2018. For the 2017-18 state fiscal year and each fiscal year thereafter through the 2020-21 state fiscal year, the bill requires the state controller to credit an amount of tax revenue estimated to be retained by the repeal of the income tax credits to the highway users tax fund. The bill requires the secretary of state to submit a ballot question, to be treated as a proposition, at the statewide election to be held in November 2017 asking the voters: To increase state tax revenue by a specified amount in each fiscal year through the 2020-21 state fiscal year by the repeal of the income tax credit for innovative motor vehicles and the income tax credit for innovative trucks; To credit the resulting estimated tax revenue to the highway users tax fund; and To allow an estimate of the resulting tax revenue to be collected and spent notwithstanding any limitations in section 20 of article X of the state constitution (TABOR).(Note: This summary applies to this bill as introduced.)
