Colorado Bills

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.)

The department of health care policy and financing (department), in consultation with the hospital provider fee oversight and advisory board, shall prepare an annual report detailing uncompensated hospital costs and the different categories of expenditures made by general hospitals in the state (hospital expenditure report). In compiling the hospital expenditure report on expenses by hospitals in the state, the department shall use publicly available data sources whenever possible. Each general hospital in the state is required to submit certain specified information to the department, including: Hospital cost reports submitted to the federal centers for medicare and medicaid services, including a copy of the final forms and worksheets submitted as part of the hospital cost reports; Annual audited financial statements; except that, if a hospital is part of a consolidated or combined group, the hospital may submit a consolidated or combined financial statement if the group's statement separately identifies the information for each of the group's licensed hospitals; Utilization and staffing information and standard units of measure. The bill directs the department to consult with the hospital provider fee oversight and advisory board on the development of the hospital expenditure report. The department may combine the hospital expenditure report with the advisory board's annual report on the hospital provider fee. The advisory board, using staff and analysis from the department, shall provide estimates for the payment-to-cost ratio and the cost-shift analysis portions of its report based on information provided to the department by hospitals. The hospital expenditure report shall include, but not be limited to: A description of the analysis methods and definitions of report components; Uncompensated care costs; and The percentage that different categories of expenses contribute to overall expenses of hospitals. The department is required to submit each hospital expenditure report to the governor; the joint budget committee; the public health care and human services committee of the house of representatives, or any successor committee; the health and human services committee of the senate, or any successor committee; and the medical services board in the department. The department is also directed to place the hospital expenditure reports on the department's website. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law, the accreditation for school districts and the state charter school institute (institute) and the level of performance for public schools is based on the attainment of specified performance indicators. The bill creates an additional performance indicator that measures the degree to which a public school, a school district, or the institute provides access to courses or educational programs in dance, drama and theater, music, and visual arts. The state board of education must adopt rules by which a public school, a school district, or the institute will receive additional credit toward the accreditation or performance ratings based on the arts performance indicator. (Note: This summary applies to this bill as introduced.)

If property taxes are levied erroneously or illegally and a taxpayer has not protested the valuation within the time permitted by law, then the taxpayer has 2 years from the start of the property tax year to file a petition for abatement or refund. The board of county commissioners is required to abate the taxes, and the taxpayer is entitled to a refund for the incorrect amount and, in some circumstances, refund interest equal to 1% per month. The bill delays the start of the refund interest so that it accrues from the date a complete abatement petition is filed, with the exception of an abatement or refund for taxes paid as a result of omitted property being added to the assessment roll. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The total tax on tobacco products is 40% of the manufacturer's list price, which is based on a manufacturer's or supplier's invoice price to a distributor. The bill permits a distributor to use the price that the tobacco product is sold to the first importer of record or first manufacturer of record as the manufacturer's list price, if the distributor is able to provide the department of revenue with evidence of this price. (Note: This summary applies to this bill as introduced.)

Wildfire Matters Review Committee. Under current law, the borrower in a reverse mortgage transaction is relieved of the obligation to occupy the subject property as a principal residence if the borrower is temporarily absent for up to 60 days or, if the property is adequately secured, up to one year. The bill directs the wildfire matters review committee to examine, in 2017, the circumstances giving rise to the introduced version of House Bill 17-1026, including the necessity and desirability of adding a third exception to the principal-residence requirement to cover situations in which a natural disaster or other serious incident beyond the borrower's control renders the property uninhabitable.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law prohibits a person licensed to sell alcohol beverages for on-premises consumption from serving alcohol beverages between the hours of 2 a.m. and 7 a.m. The bill allows a local government to extend the hours during which alcohol beverages may be sold for on-premises consumption at establishments within the local government's jurisdiction. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law, the state board of education (state board) must, by July 1, 2018, review and revise, as necessary, the state academic standards. The bill directs the state board, in the course of revising the academic standards, to incorporate into the standards for each subject skills relating to the use of information and communications technologies to find, evaluate, create, and communicate information. The bill directs the department of education (department) to create a publicly available resource bank of materials pertaining to computer science programs, including sample standards, samples of curricula, and materials for professional educator development. The department must work with experts in creating and compiling the information. The resource bank is to be available by July 1, 2018. Each school district, charter school, and board of cooperative services may choose whether to provide computer science courses and whether to use the materials in the resource bank. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law, there are a number of professions that require fingerprint-based background checks. Some of those fingerprint requirements direct that the fingerprints must be taken by a law enforcement agency. The bill removes the requirement that a law enforcement agency is the only authorized entity able to take the fingerprints. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved or federal bureau of investigation-approved livescan equipment. The third party shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law, process servers are not subject to regulation by any state agency. Section 1 of the bill creates the 'Process Servers Registration Act' and makes it unlawful for a person to act as a process server without first obtaining registration from the division of professions and occupations in the department of regulatory agencies (DORA). Section 2 requires a review of the division's duties and functions in registering process servers after 7 years under the existing sunset laws. (Note: This summary applies to this bill as introduced.)

The bill creates the crime of misuse of electronic images by a juvenile. The offense prohibits a juvenile from knowingly distributing, displaying, or publishing through digital or electronic means, or possessing, a sexually explicit image of himself or herself or of another juvenile who, as depicted in the image, is within 4 years of age of the charged juvenile. If a juvenile is charged with the crime of misuse of electronic images by a juvenile, he or she cannot be charged with sexual exploitation of a child. It is an affirmative defense to the distribution offense if the juvenile committed the act as a result of coercion, intimidation, or harassment. It is an affirmative defense to the possession offense if the juvenile: Did not solicit or request to be supplied with the image or images; and Did not participate in or encourage the making of the image or images; and Did not transmit or distribute the image or images to another person; and Took reasonable steps to either destroy or delete the images within 72 hours or reported the receipt of such image or images to law enforcement or a school official within 72 hours.(Note: This summary applies to this bill as introduced.)