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in committee · Colorado · Senate Apr 9, 2021

SB 21-177: Restrict Foreign-influenced Money In Politics

The bill prohibits a foreign-influenced corporation from making an electioneering communication or a regular biennial school electioneering communication. The bill also expands the group of persons and entities currently prohibited from expending money on an independent expenditure in connection with an election in the state to include a foreign-influenced corporation. An independent expenditure committee is prohibited from knowingly accepting a donation from any foreign-influenced corporation. The bill prohibits an independent expenditure committee from knowingly accepting a contribution, donation, or transfer from a covered organization if all or part of the contribution, donation, or transfer includes money received by the independent expenditure committee from a foreign-influenced corporation. The bill prohibits any person from using funds from a foreign-influenced corporation to make either an electioneering communication or a regular biennial school electioneering communication. A for-profit corporation that is authorized to make a contribution or donation is required to affirm in writing under penalty of perjury that it is not a foreign-influenced corporation before it makes any permissible contributions or donations. The bill prohibits any person from accepting a permissible contribution or donation from a nonprofit corporation unless the written affirmation is provided before the contribution or donation is received by the recipient. The recipient of the contribution or donation is required to retain the written affirmation for not less than one year following the date of the end of the election cycle during which the contribution or donation is received. An affirmation statement is not required if the for-profit corporation has previously provided a statement to the recipient in the 3-month period prior to the date on which it makes the permissible contribution or donation. The bill defines the terms "foreign-influenced corporation", "foreign owner", and "widely held diversified fund". (Note: This summary applies to this bill as introduced.)
Steven Woodrow (D) Jeff Bridges (D)
in committee · Colorado · Senate Apr 7, 2021

SB 21-182: School Discipline

The bill requires the state board of education to promulgate rules to standardize the reporting method for school districts and charter schools to report disproportionate discipline data to the department of education (department) and the federal department of education's biennial survey. The bill requires each school district and institute charter school to disaggregate reports of conduct and discipline violations by race, ethnicity, gender, status as a student with a disability, and socioeconomic status to the maximum extent possible in compliance with the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g. The bill also requires each school district and institute charter school to report the specific action taken in response to each discipline violation. The bill prohibits law enforcement officers from arresting students, or issuing a summons, ticket, or notice requiring the appearance of a student in court or at a police station for certain offenses and conduct. The bill also prohibits a school resource officer or law enforcement officer acting in their official capacity from handcuffing an elementary school student. The bill requires school districts and institute charter schools to adopt policies for selecting school resource officers if the school district or institute charter school elects to contract for one or more school resource officers. The bill requires each school district or institute charter school and the employing law enforcement agency to jointly create an evaluation process for school resource officers. Each school district or institute charter school and employing law enforcement agency shall enter into a memorandum of understanding to address issues such as strategies, procedures, and practices that minimize student exposure to the criminal and juvenile justice system; prioritization of strategies for enhancing student learning, safety, and well-being; and creation of a sustainable and successful balance between education and protecting students, teachers, and the school. The bill requires each school district board of education and each institute charter school to adopt a policy to report and address disproportionate disciplinary practices in public schools. Each school district and institute charter school shall develop, implement, and annually review improvement plans to address disproportionate discipline practices by race, ethnicity, gender, status as a student with a disability, and socioeconomic status based on the policy and disciplinary data reported to the department under the safe school reporting requirements. In implementing an improvement plan to address disproportionate discipline practices, each school district and institute charter school shall provide to the parents of the students enrolled in the school written notice of the improvement plan and issues identified by the department as giving rise to the need for the plan. The written notice must include the timeline for developing and adopting the improvement plan and the dates, times, and locations of the public meeting and a public hearing. The bill requires school districts and institute charter schools to address chronic absenteeism and disproportionate disciplinary practices in order to provide support to students who are identified as at risk of chronic absenteeism and disciplinary actions, including classroom removal, suspension, and expulsion. The bill amends the expelled and at-risk student services grant program to focus on services for students identified as at risk of dropping out of school due to chronic absenteeism and disciplinary actions. (Note: This summary applies to this bill as introduced.)
Janet Buckner (D) Leslie Herod (D)
in committee · Colorado · House Apr 7, 2021

HB 21-1192: 529 Plan Education Loan Payment Eligible Distribution

Under federal law, money deposited in a qualified tuition program under section 529 of the internal revenue code (529 plan) grows tax deferred and is withdrawn tax free when used for eligible expenses. In addition to the federal tax benefit, the state provides an incentive for the deposit of money into a 529 plan by offering a state income tax deduction for contributions to such 529 plans. In 2019, the federal government included paying principle or interest on any qualified education loan, up to $10,000 per year, as an eligible expense. Current law requires the state income tax deduction to be recaptured from the taxpayer if a distribution is not used for listed purposes. The bill specifies that using a 529 plan for paying principle or interest on any qualified education loan, not to exceed $10,000, is also an eligible distribution for purposes of the state income tax deduction for contributions to such 529 plans. The bill also requires collegeinvest to provide the department of revenue with a secure electronic report containing information for the 529 plan owners and third-party contributors necessary for the administration of the income tax deduction. (Note: This summary applies to this bill as introduced.)
Jeni James Arndt (D)
in committee · Colorado · House Apr 7, 2021

HB 21-1182: Missing Child Emergency Electronic Location Info

The bill requires a supervising representative of a law enforcement agency to order a designated security employee of a wireless telecommunications provider to provide the law enforcement agency, without requiring the agency to obtain a court order, location information concerning the telecommunications device of a missing child if: An emergency situation exists because the time required to obtain a search warrant or other court order authorizing the acquisition of the information would frustrate the timely and safe recovery of the missing child; and The request for location is made to the law enforcement agency by the missing child's parent or legal guardian. However, a law enforcement agency shall not order the location information if the request is made by a parent or legal guardian who is a restrained person pursuant to an active protection order that identifies the missing child as a protected person, or if a law enforcement agency has an articulable reason to believe there is a custodial issue that has not been reviewed by a court. (Note: This summary applies to this bill as introduced.)
John Cooke (R) Mike Lynch (R)
in committee · Colorado · House Apr 7, 2021

HB 21-1210: Modifications To Qualified State Tuition Programs

The federal "Tax Cuts and Jobs Act", which became law in December 2017, added distributions for elementary or secondary tuition expenses as qualified distributions from a qualified state tuition program (529 account), thereby allowing, on the federal level, income tax-free distributions for elementary and secondary tuition expenses in addition to already authorized income tax-free distributions for higher education expenses. Similarly, the federal "Setting Every Community Up for Retirement Enhancement Act of 2019", which became law in December 2019, expands the qualified distributions from a 529 account to include repayment of qualified education loans and payments for registered apprenticeships. The bill creates the foundational learning experience savings program (FLEX savings program). The bill also specifies that distributions from FLEX savings program accounts are not counted as federal or state taxable income and that contributions to FLEX savings program accounts for qualified elementary or secondary tuition expenses may not be deducted from state taxable income. The accounts created under the FLEX savings program are defined by the following characteristics: Account owners may only use distributions from the accounts for qualified elementary or secondary tuition expenses; Anyone may contribute to the account, irrespective of their relationship to the account's designated beneficiary; An account owner may transfer money to the FLEX savings program accounts from a 529 account, if the total of all amounts transferred does not exceed $10,000 and is less than or equal to the lowest balance in the 529 account at any point during the previous 2 years; and Money in the account can be transferred to a different 529 account. The bill also allows for expenses for fees, books, supplies, and equipment required for the participation of a designated beneficiary in certain apprenticeship programs to be treated as "qualified higher education expenses" and subtracted from federal taxable income. The bill clarifies that "qualified higher education expenses" does not include repayment of qualified education loans. (Note: This summary applies to this bill as introduced.)
Bob Rankin (R) Colin Larson (R)
in committee · Colorado · Senate Apr 6, 2021

SB 21-170: Wildland Fire Mitigation Cooperative Electric Association

The bill requires a cooperative electric association (association) to adopt a wildland fire protection plan. The plan must include information on: Areas where the association has powerline facilities that may have an increased risk of wildland fires; The procedures and standards that the association will use to inspect and operate its powerline facilities and perform vegetation management around those facilities; The modifications or upgrades that the association will implement to reduce risks of wildland fires; The procedures for de-energizing powerline facilities to mitigate potential wildland fires; Community outreach efforts during the wildland fire season; and The potential for coordination with other wildland fire protection plans. An association must file its wildland fire protection plan with the public utilities commission every 3 years and must submit an annual report to the commission detailing its compliance with the plan. The bill allows, but does not require, an association to remove or partially remove vegetation outside of a powerline facility easement as necessary following a major weather event or other emergency situation. In addition, an association may designate vegetation as "hazard vegetation" if the association finds that the vegetation is dead, likely to fail, or likely to fall, sway, or grow into a powerline facility and finds that the vegetation is likely to cause substantial damage, disrupt service, or come within a minimum clearance distance of the powerline facility. An association may, but is not required to, remove or partially remove hazard vegetation outside of an easement after providing notice to the landowner. The association is not required to provide notice if removal of the hazard vegetation is necessary to continue safe operation of its facilities or if the removal is done as part of trimming or removing vegetation after a storm or other emergency event. If vegetation outside of a powerline facility easement dies as the result of being trimmed or partially removed by an association, the landowner may request that the association remove the vegetation at the association's expense. The association is required to remove the vegetation within ninety days; except that the association may offer and the landowner may accept payment for the reasonable cost of removal instead of the association removing the vegetation. An association is not liable for personal injury, property damage, or fire suppression costs resulting from a wildland fire if any of the following apply: The association filed a wildland fire protection plan and completed the activities described in it; A landowner failed to control vegetation outside of a powerline facility easement on the landowner's land; The association requested and was denied access to perform vegetation management in a right-of-way on land owned by a local government, the state, a federal agency, or a tribal agency; or A landowner prevented the association from maintaining its powerline facility easement or from removing hazard vegetation outside the easement. If none of those circumstances apply and an association is found liable for a wildland fire, the prevailing plaintiff is limited to actual damages and cannot recover noneconomic, punitive, or exemplary damages. (Note: This summary applies to this bill as introduced.)
Mike Lynch (R) Joann Ginal (D) Dennis Hisey (R) Jeni James Arndt (D)
in committee · Colorado · Senate Apr 5, 2021

SB 21-186: Event Ticket Sales And Resales Regulation

With regard to event ticket sales and resales, the bill repeals provisions prohibiting certain restrictions on ticket resales and instead limits a reseller from advertising, offering for sale, or contracting to resell tickets or accepting payment for a resale ticket unless the reseller has possession of the ticket or has a written contract to obtain the ticket from the person who possesses it and the ticket matches the advertised description of the ticket. The bill also specifies that terms or conditions on the original sale of a ticket, including limits on transferability, are permissible. With regard to online ticket sales, the bill adds the following as deceptive trade practices: Using or causing to be used a website to display a trademarked or copyrighted URL, title, image, or other symbol without written consent; or Using or causing to be used a website to display text, images, web designs, or internet addresses, which website is substantially similar to another website, without written consent.(Note: This summary applies to this bill as introduced.)
Lisa Cutter (D) Kerry Donovan (D)
in committee · Colorado · Senate Apr 1, 2021

SB 21-125: Alternate Proposals Air Quality Control Rulemaking

Current law requires the air quality control commission (commission) to give at least 60 days' notice before the hearing when promulgating certain rules that set air quality standards. The bill clarifies that the commission may give an earlier notice and requires the notice to include a description of the classes of persons and entities that will be affected by the proposed rule. Current law authorizes people to submit alternate proposals to the commission's rules that set air quality standards. The bill requires the commission to promulgate rules concerning alternate proposals that: Establish a deadline for submitting these proposals, but the deadline can be no later than the deadline for party statements; Govern the submission of proposals; Establish procedures for assigning a hearing officer to make the determination whether the proposal complies with the requirements; Ensure that any party to the hearing is afforded sufficient time before the hearing to consider proposals and file with the commission a written response to the proposal. The commission is prohibited from considering an alternate proposal at the hearing unless the proposal: Complies with the bill, as determined by a hearing officer; and Includes: An initial economic impact analysis; A description of the classes of persons that will be affected; and A statement as to whether the proposal was developed in consultation with those persons or why consultation with those persons was not conducted. No later than 10 days after receiving an alternate proposal, a hearing officer must: Determine whether the proposal complies with the bill; and Provide notice of the determinations to all persons that have filed with the commission a written request to receive the notices. The bill requires the proponents of an alternate proposal to provide to the commission a final economic impact analysis. (Note: This summary applies to this bill as introduced.)
John Cooke (R)
in committee · Colorado · Senate Apr 1, 2021

SB 21-134: Retail Liquor Stores Additional Licenses

Under current law, a retail liquor store licensee that was licensed on or before January 1, 2016, and is a Colorado resident is permitted to obtain one additional retail liquor store license on or after January 1, 2017; 2 additional retail liquor store licenses on or after January 1, 2022; and 3 additional retail liquor store licenses on or after January 1, 2027. The bill modifies the provisions governing the ability of a retail liquor store to obtain additional retail liquor store licenses as follows: Retains the ability of a retail liquor store owner that applied for a license on or before January 1, 2016, to obtain one additional retail liquor store license on or after January 1, 2017, but removes the requirement that the licensee be a Colorado resident; On or after the effective date of the bill, mirrors the multiple license provisions applicable to liquor-licensed drugstore licenses by allowing a retail liquor store owner to obtain: A maximum of 5 total retail liquor store licenses between the effective date of the bill and December 31, 2021; a maximum of 8 total retail liquor store licenses between January 1, 2022, and December 31, 2026; a maximum of 13 total retail liquor store licenses between January 1, 2027, and December 31, 2031; a maximum of 20 total retail liquor store licenses between January 1, 2032, and December 31, 2036; and an unlimited number of retail liquor store licenses on or after January 1, 2037; and For additional licenses obtained on or after the effective date of the bill, requires a person seeking additional licenses to apply to transfer ownership of, change location of, and merge at least 2 retail liquor store licenses located within the same local licensing authority jurisdiction as the applicant's premises into a single retail liquor store license. Additionally, the bill prohibits a retail liquor store from allowing customers to use a self-checkout to complete an alcohol beverage purchase and requires a retail liquor store to: Verify the age of a customer attempting to purchase an alcohol beverage by examining the customer's valid identification; and Maintain certification as a responsible alcohol beverage vendor. The bill sets state and local application fees for a retail liquor store licensee applying for a transfer of ownership, change of location, and merger of 2 retail liquor store licenses. (Note: This summary applies to this bill as introduced.)
Paul Lundeen (R) Matt Gray (D) Jeff Bridges (D) Colin Larson (R)
in committee · Colorado · House Mar 31, 2021

HB 21-1202: Off-label Use Of Approved Drugs To Treat COVID-19

The bill specifies that: A physician, physician assistant, or advanced practice registered nurse with prescriptive authority may prescribe and dispense, and a pharmacist may dispense, therapeutic drugs for off-label use, including hydroxychloroquine sulfate and ivermectin, to provide prophylaxis or outpatient (at-home) and inpatient (hospital) treatment to an individual with COVID-19; and This practice is not unprofessional conduct or otherwise grounds for discipline.(Note: This summary applies to this bill as introduced.)
Stephanie Luck (R)
in committee · Colorado · Senate Mar 31, 2021

SB 21-114: Minimum Setback New Schools From Existing Oil And Gas

The bill requires that proposed public school building sites be set back from existing oil and gas facilities a distance that is no less than: The setback distance required by the local government having land use jurisdiction over the site for locating new oil and gas facilities from public school properties; or If there are no local government setback requirements, the setback distance required by the oil and gas conservation commission for siting new oil and gas facilities from existing public school properties.(Note: This summary applies to this bill as introduced.)
Barbara Kirkmeyer (R)
in committee · Colorado · House Mar 29, 2021

HB 21-1197: Income Tax Credit For Income Taxes Paid

For income tax years commencing on or after January 1, 2021, but before January 1, 2026, the bill specifies that a qualified taxpayer is allowed an income tax credit in an amount equal to the income tax imposed on the qualified taxpayer in that income tax year so that the income tax due for the qualified taxpayer in that income tax year is zero. The bill defines a qualified taxpayer as: An individual who files a federal income tax return with federal taxable income in an amount less than $20,000; or Two individuals who file a joint federal income tax return with combined federal taxable income in an amount less than $40,000.(Note: This summary applies to this bill as introduced.)
Barbara Kirkmeyer (R) Dan Woog (R)
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