The bill allows the Colorado economic development commission to allow certain businesses that make a strategic capital investment in the state, subject to a maximum amount, and subject to the requirements of the specified income tax credits, to treat any of the following income tax credits allowed to the business as either carryforwardable for a five-year period or as transferable: Colorado job growth incentive tax credit; Enterprise zone income tax credit for investment in certain property; Income tax credit for new enterprise zone business employees; and Enterprise zone income tax credit for expenditures for research and experimental activities.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Upon receipt of a complaint alleging that a campaign finance disclosure report alleging a failure to file other information required to be filed or disclosed pursuant to the campaign finance provisions of the state constitution or the 'Fair Campaign Practices Act' (FCPA), the bill requires the secretary of state to give notice to the particular committee by e-mail of the deficiencies alleged in the complaint. Service of the notice does not toll or otherwise affect the 3-day period during which the secretary of state is required to refer a complaint to an administrative law judge under the state constitution. Upon receipt of the notice from the secretary of state, the committee may request from the appropriate officer a postponement of a hearing on the complaint and, if such request is timely submitted, has 15 business days from the date of the notice to file an addendum to the relevant report that cures any such deficiencies in the disclosure specified in the notice. The bill also requires the committee to also provide the complainant notice of the entity's intent to cure and a copy of the addendum on the same day that the addendum is filed with the secretary of state. Where the committee files an addendum that cures all deficiencies alleged in the complaint before the expiration of the 15-day period specified in the bill, the bill prohibits the appropriate officer from assessing a penalty against the committee that otherwise would have been assessed for the deficiencies for the period from the first date of the alleged violation through the expiration of the cure period. Upon filing an addendum to the relevant report by the committee that cures all such deficiencies, the appropriate officer is required to set a hearing within 30 days of the notice to determine whether all issues raised by the complaint have been resolved. If the committee or party treasurer fails to cure any such discrepancy, any penalty imposed for such deficiency continues to accrue until further resolution of the matter. The bill's requirements only apply in the case of a good faith effort by a committee to make timely disclosure in accordance with governing legal requirements or where the disclosure report is in substantial compliance with such legal requirements. The committee has the burden of demonstrating good faith or substantial compliance by a preponderance of the evidence at the hearing. Where the committee fails to satisfy its burden of demonstrating either good faith or substantial compliance, the bill requires the administrative law judge to impose a penalty of $50 per day for each day the committee has failed to file other information required to be filed or disclosed pursuant to the state constitution or the FCPA. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill gives the executive committee of the legislative council the ability to consider, recommend, and establish policies regarding electronic participation by senators or representatives in committee meetings during the legislative interim. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Mobile homes are homes built prior to the passage of the 'National Manufactured Housing Construction and Safety Standards Act of 1974', and manufactured homes are homes built after its passage. Mobile or manufactured homes that are affixed to the ground, and are therefore no longer capable of being moved, have a certificate of permanent location and are valued, taxed, and subject to tax collection in the same manner as all other real property. Mobile or manufactured homes that are not affixed to the ground, and are therefore capable of being moved, have a certificate of title and are valued and taxed as real property but subject to the collection of taxes like personal property. Current law requires that when taxes are delinquent on personal property, the county treasurer must enforce the collection of delinquent taxes by commencing a court action or by distraining, seizing, and selling the property. This includes mobile or manufactured homes that are not affixed to the ground. The bill modifies the county treasurer's duties in connection with the collection of delinquent taxes on such mobile or manufactured homes that are not affixed to the ground. Specifically, the bill makes the process to enforce the collection of delinquent taxes on mobile or manufactured homes that are not affixed to the ground permissive, and therefore gives the county treasurer more flexibility to enter into partial payment agreements with the owners of such mobile or manufactured homes. The bill authorizes the county treasurer to declare tax liens on mobile or manufactured homes that are not affixed to the ground as county-held to address title deficiencies in conjunction with the collection of taxes. In addition, the bill authorizes the county treasurer to withhold tax liens on mobile or manufactured homes that are not affixed to the ground from being sold to investors. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate State, Veterans, and Military Affairs Committee. The bill implements the recommendations of the sunset review and report on the licensing of bingo and other games of chance through the secretary of state by: Extending the automatic termination date of the Colorado bingo-raffle advisory board to September 1, 2026, pursuant to the sunset law ( section 1 of the bill); Reducing the number of times that the board must meet each year from 6 to 2; Specifying that a person whose license has been revoked or surrendered in lieu of revocation must wait for 3 years to reapply for a license; Clarifying that a licensee may not change the location of a pull-tab device without the secretary's approval; Prohibiting a person who has been convicted of a felony or a misdemeanor involving gambling from being a games manager, caller, or caller assistant; Allowing a person who has not been convicted within the previous 10 years of a felony or a gambling-related offense to apply for a license; Authorizing a bingo-raffle licensee to presell tickets to a charitable gaming event; Increasing the number of bingo cards that a player may use from 36 to 54; Clarifying that licensees may donate bingo equipment to entities that offer free bingo and other licensees; and Making a variety of technical changes to the law. The bill also relocates the bingo-raffle law from the title governing professions and occupations to the secretary of state's article ( section 2 ).(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Joint Budget Committee. The bill authorizes the department of heath care policy and financing (department) to continue its implementation of the medicaid care delivery system, referred to as the accountable care collaborative (ACC). The bill defines the goals of the ACC and the department's implementation of the ACC, including, in part, establishing primary care medical homes for medicaid clients, providing regional coordination and accountability, and integrating physical and behavioral health care delivery. The medical services board is required to promulgate rules implementing the ACC. The bill requires the department to submit an annual report concerning the implementation of the ACC to the joint budget committee and to the health care committees of the house of representatives and of the senate that oversee the medicaid program. Among other information listed in the bill, the report must include information on the number of medicaid clients participating in the ACC, performance results, and fiscal impacts of the ACC. The bill authorizes the department of health care policy and financing (department) to implement performance-based payments for medicaid providers. Prior to implementing performance-based payments, the department shall report to the joint budget committee concerning the performance-based payments, including whether the payments require a budget request, the amount of the payments compared to total reimbursements for the affected service, and a description of the stakeholder process and the department's response to stakeholder feedback. After implementation of performance-based payments, the department shall report to the joint budget committee and the health care committees of the house of representatives and the senate that oversee the medicaid program concerning the design of the performance-based payments, the stakeholder engagement process with respect to the payments, and other information regarding the implementation of the performance-based payments described in the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill makes various changes to the laws governing access to the ballot. Section 1 prohibits a designated election official from certifying to the ballot the name of any candidate who the designated election official determines is unqualified to hold office. For a political party candidate seeking to petition onto a ballot, section 2 moves up the deadline by which the petition must be filed. Section 3 allows a petition for nominating a school district director to designate or appoint eligible electors who comprise a vacancy committee. Section 5 adds, to the laws applying to vacancies in nominations, a process by which a vacancy in a school district director nomination is filled by such vacancy committee and specifies how the coordinated election official must proceed given the timing of the original nominee's vacancy. Currently, each petition to nominate a candidate must have attached to it a notarized affidavit executed by the petition circulator. Section 4 directs the secretary of state to establish by rule a process that allows a circulator 5 days to cure a rejected affidavit. Section 5 reorganizes and amends the laws pertaining to withdrawals and vacancies in nominations and designations. Sections 6 through 12 make conforming amendments necessitated by the statutory reorganization effected in section 4.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill appropriates the following amounts from the Colorado water conservation board (CWCB) construction fund (fund) to the CWCB or the division of water resources for the following projects: $380,000 for continuation of the satellite monitoring system maintenance ( section 1 ); $500,000 for continuation of the Colorado floodplain map modernization program ( section 2 ); $200,000 for continuation of the Colorado decision support system operation and maintenance ( section 3 ); $175,000 for continuation of the weather modification program ( section 4 ); $154,000 for the support of the Colorado Mesonet, a spatially coherent network of weather stations reporting in near real-time via major data portals ( section 5 ); $800,000 for continuation of the water forecasting partnership project ( section 6 ); $1,000,000 for continuation of the alternative agricultural transfer methods grant program ( section 7 ); $500,000 for continuation of technical assistance for the federal irrigation improvement cost-sharing program ( section 8 ); $1,100,000 for implementation of the Colorado water loss control initiative ( section 9 ); $10,000,000 for continuation of the Rio Grande cooperative project ( section 12 ); $5,000,000 for continuation of the watershed restoration program ( section 13 ); and $10,000,000 for implementation of the Colorado water plan ( section 14 ). Section 10 appropriates $260,000 from the public and private utilities sector fund to the water quality control division in the Colorado department of public health and environment for updating regulations related to nonpotable water reuse and graywater usage. Section 11 authorizes the CWCB to make loans in the amount of up to $90,000,000 from the fund for the Windy Gap firming project. The bill directs the state treasurer to transfer the following amounts from the fund: Up to $500,000 to the flood and drought response fund ( section 15 ); $1,300,000 to the litigation fund ( section 16 ); $300,000 to the feasibility study small grant fund ( section 17 ); $1,500,000 to the fish and wildlife resources fund ( section 18 ); $260,000 to the public and private utilities sector fund ( section 19 ). Section 21 transfers the following amounts from the severance tax perpetual base fund to the fund: On July 1, 2017, $10,000,000 for the Rio Grande cooperative project; On July 1, 2017, $5,000,000 for the watershed restoration program; On July 1, 2017, and each July 1 thereafter, $10,000,000 for implementation of the state water plan; and On July 1, 2017, $10,000,000 to supplement the water supply reserve fund. Section 21 also transfers, on July 1, 2017, $30,000,000 from the severance tax perpetual base fund to the loan guarantee fund, which fund is created in section 20 for use by the CWCB for the purpose of guaranteeing the repayment of loans for water projects with multiple participants; except that, if, on or before June 30, 2017, the CWCB informs the state treasurer that an amount less than $30,000,000 should be transferred from the severance tax perpetual base fund to the loan guarantee fund, the state treasurer is required to transfer that lesser amount on July 1, 2017.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners based on a defect in construction work not ordered by the HOA itself, the board must: Notify all unit owners and the developer or builder against whom the lawsuit is being considered; Call a meeting at which the executive board and the developer or builder will have an opportunity to present relevant facts and arguments and the developer or builder may, but is not required to, make an offer to remedy the defect; and Obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits. The meeting of unit owners commences a 90-day voting period during which the HOA will accept votes for or against proceeding with the lawsuit. Statutes of limitation are tolled during this period. The HOA is required to keep copies of its mailing list and maintain records of the votes received. The voting period may end in less than 90 days if sufficient votes are received to approve the lawsuit before 90 days have elapsed. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill conforms Colorado statutory language relating to the creation of a disability trust to conform to the language established in the federal '21st Century Cures Act'. Specifically, it clarifies that the individual who is the beneficiary of a disability trust can also be the person who establishes such trust. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill replaces the existing southwest chief rail line economic development, rural tourism, and infrastructure repair and maintenance commission (old commission), the current statutory authorization for which expires on July 1, 2017, with an expanded southwest chief and front range passenger rail commission (new commission). The new commission must: Assume the old commission's powers and duties and its mission of preserving existing Amtrak southwest chief rail line service in the state, extending such service to Pueblo, and exploring the benefits of extending such service to Walsenburg; and Facilitate the future of front range passenger rail and specifically develop and present by December 1, 2017, to the local government committees of the house of representatives and the senate, draft legislation to facilitate the development of a front range passenger rail system that provides passenger rail service in and along the interstate 25 corridor.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the medication-assisted treatment (MAT) expansion pilot program, administered by the university of Colorado college of nursing, to expand access to medication-assisted treatment to opioid-dependent patients in Pueblo and Routt counties. The pilot program will provide grants to community- and office-based practices, behavioral health organizations, and substance abuse treatment organizations to: Assist nurse practitioners and physician assistants working in those settings to obtain training and support required under the federal 'Comprehensive Addiction and Recovery Act of 2016' (CARA) to enable them to prescribe buprenorphine and other FDA-approved medications and therapies as part of providing MAT to opioid-dependent patients; and Provide behavioral therapies in conjunction with medication as part of the provision of MAT to opioid-dependent patients. The general assembly is directed to appropriate $500,000 per year for the 2017-18 and 2018-19 fiscal years from the marijuana tax cash fund to the university of Colorado board of regents, for allocation to the college of nursing to implement the pilot program. Each grant recipient must submit a report to the college of nursing regarding the use of the grant, and the college of nursing must submit a summarized report to the governor and the health committees of the senate and house of representatives regarding the pilot program. The pilot program is established and funded for 2 years and repeals on June 30, 2020. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
