The bill clarifies the applicability provisions of legislation enacted in 2015 and 2016 to promote an equitable financial contribution among affected public bodies in connection with urban redevelopment projects allocating tax revenues in the following respects: The bill clarifies that a substantial modification of an urban renewal plan (plan) is a proposed modification that substantially changes provisions of the plan regarding land area, land use, authorization to collect incremental tax revenue, the extent of the use of tax increment financing, the scope or nature of the urban renewal project, the scope of method of financing, design, building requirements, timing, or procedure, as previously approved, or where the modification will substantially clarify a plan that, when approved, was lacking in specificity as to the urban renewal project or financing. If the modification is substantial, the modification is subject to pertinent requirements of the urban renewal law addressing modifications. For plans to which a pledge of the revenues deposited into the special fund was made by an indenture or other legally binding document that is separate from the plan itself prior to January 1, 2016, a pledge to secure the payment of refunding bonds is not a substantial modification and is not subject to the modification requirements of the urban renewal law. Not less than 30 days prior to approving any modification of a plan, the bill requires the governing body or an urban renewal authority (authority) to provide a detailed written description of the proposed modification to each taxing entity that levies taxes on property located within the urban renewal area and a notice of the date and time of the meeting at which the governing body will consider the modification. Any taxing entity that levies taxes on property located within the urban renewal area may file an action in the state district court exercising jurisdiction over the county in which the urban renewal area is located for an order determining, under a de novo standard of review, whether the modification is a substantial modification. Further, if requested by the taxing entity, the court is required to enjoin any action by the authority pursuant to the modification until the court has determined whether the modification is a substantial modification and, if so, the court is required to further enjoin any action by the authority until there has been compliance with statutory provisions addressing the sharing of incremental property tax revenues. The bill prohibits any action from being brought to enjoin any undertaking or activity of the authority to a plan, including the issuance of bonds, the incurrence of other financial obligations, or the pledge of revenue, unless the action is commenced within 45 days after the date the authority provided notice of its intention regarding such undertaking or activity. The notice must describe the undertaking or activity proposed to be engaged in by the authority and specify that any action to enjoin the undertaking or activity must be brought within 45 days from the date of the notice. The notice must be published one time in a newspaper of general circulation within the county. On or before the date of publication of the notice, the bill also requires the authority to mail a copy of the notice to each taxing entity that levies taxes on property within the urban renewal area. Finally, the bill clarifies that legislation enacted in 2015 to promote an equitable financial contribution among affected public bodies in connection with urban redevelopment projects allocating tax revenues, legislation adopted in 2016 to clarify such 2015 legislation, and the bill apply to municipalities, authorities, and any plans created on or after January 1, 2016, and to any substantial modification of any plan approved on or after January 1, 2016.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes, which relates to professions and occupations. To implement the initial recommendations of the study, the bill relocates the following laws: Article 29.3 of title 12, pursuant to which the department of public health and environment (department) regulates volunteer health practitioners and services provided by volunteer health practitioners during a declared emergency, to part 6 of article 1.5 of title 25 ( section 1 of the bill ); and Article 30 of title 12, pursuant to which the department regulates persons that represent that a drug, medicine, compound, or device is of value in the diagnosis, treatment, alleviation, or cure of cancer, and the drugs, medicines, compounds, or devices so represented, to article 48 of title 25 ( section 2 ). Section 3 repeals the articles where these laws were previously codified.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Joint Technology Committee. The bill adds definitions of 'cybersecurity' and 'data privacy' for the purposes of the joint technology committee (committee). In addition, the bill modifies the definition of 'oversee' for the purposes of the committee to be consistent with other statutory provisions. The bill adds to the powers and duties of the committee the authority to request information and presentations regarding data privacy and cybersecurity within state agencies and the authority to coordinate with the Colorado cybersecurity council created in the department of public safety. In addition, the committee may consider: Whether state agencies are collecting or retaining data that exceeds what is necessary and appropriate for such agencies to perform their functions; Who has access to data, the extent of such access, and appropriate mechanisms to protect sensitive data; and Measures to protect data against unauthorized access, disclosure, use, modification, or destruction. Currently, the committee is required to review and may make recommendations to other legislative committees on any legislative measure that the speaker of the house of representatives or the president of the senate determines to be dealing with information technology. The bill specifies that this requirement includes data privacy and cybersecurity. The bill also specifies that the committee may request to review and make recommendations to other legislative committees on any legislative measure that the committee determines to be dealing with information technology, data privacy, or cybersecurity. Pursuant to current law, the committee will repeal on July 1, 2018. The bill eliminates the repeal of the committee. The bill requires the office of state planning and budgeting to design and prepare, in coordination with the staff of the committee, the forms and instructions to be used in preparation of all budget requests and supplemental budget requests submitted to the committee. The forms and instructions must require that budget requests submitted to the committee include: Information from a request for information or other formal market research regarding the information technology budget request; A defined scope of work and information regarding whether a vendor or consultant assisted in preparing the specifications or statement of work included in the information technology budget request; A range of options for completing the project, including the estimated costs for such options; and Any other available and relevant information obtained from the market research related to the information technology budget request.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committee on Legal Services. Currently, statute requires that any contract the state enters into to publish or print the Colorado Revised Statutes must specify that the paper used meets certain standards established by the national standards institute for permanent paper for printed library materials. However, that standard is outdated and no longer used in the industry. The bill updates the statutory reference to the current applicable alkaline minimum reserve requirements and acidity levels for uncoated paper as established by the American national standards institute and the national information standards organization. The change will not affect the current publications contract; however, it will apply to future contracts and extensions of contracts.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill designates as a peace officer the manager of the office of prevention and security within the division of homeland security and emergency management in the department of public safety. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Capital Development Committee. The bill grants the state historical society the authority to sell a vacant cold storage facility located on the former Lowry Air Force base. The bill specifies that the proceeds of the sale are to be credited to the state museum cash fund to be used for capital outlay, capital construction, or controlled maintenance at museums statewide.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law authorizes a county to propose a county public safety improvements tax by submitting a ballot question to the voters of the county at a general election only. The bill authorizes a county to also submit such a ballot question at a biennial county election or an election held in November of an odd-numbered year. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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.)
