Currently, there is a prosecution fellowship program that matches CU and DU law student graduates with rural district attorneys' offices. The fellowships last for one year. The bill extends the fellowships to 15 months. The bill appropriates $165,726 from the general fund to the department of higher education for use by the Colorado commission on higher education for the prosecution fellowship program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Section 1 of the bill authorizes the creation of an energy and innovation collaboration agreement between an investor-owned utility and the government of a city, county, town, or city and county served by that utility. The agreement is subject to approval by the public utilities commission, which is directed to ensure that safe and reliable service is maintained and that the utility's costs of complying with the agreement are paid for by the community and not imposed on other customers of the utility. Section 2 increases the allowable size of a community solar garden from 2 megawatts to 5 megawatts. Section 3 appropriates $67,498 to the public utilities commission from the public utilities commission fixed utilities fund for purposes of implementing the bill.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates in the department of labor and employment a purple card program that would allow certain persons who came to the United States without legal documentation to apply for a purple card allowing them to work legally in Colorado. The executive director of the department will ensure that the information provided by a purple card applicant remains confidential. The bill appropriates $103,815 to the department to implement the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current state park law excludes seaplanes from the definition of a 'vessel', and applicable park rules essentially prohibit seaplanes from landing in or taking off from state park water bodies. The bill: Directs the division of parks and wildlife in the department of natural resources to: Establish proposed procedures for the mandatory inspection and decontamination of seaplanes landing on water bodies in the state for the purposes of aquatic nuisance species prevention and containment and report on the procedures to the general assembly by September 1, 2019; and Establish a stakeholder process to evaluate seaplane access to 2 lakes located at state parks identified by the division and report the results of the stakeholder process to the general assembly by September 1, 2019; and Specifies that the prohibition on the landing of seaplanes in state parks does not apply in the event of an emergency, including for seaplanes engaged in firefighting operations.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
For income tax years commencing on or after January 1, 2019, but prior to January 1, 2023, the bill creates a state income tax credit for a donation of cash or securities a taxpayer makes to an eligible developer to be used solely for the costs associated with an eligible project. The bill defines 'eligible developer' to mean, in part, a nonprofit community-based home ownership development organization that satisfies specified requirements relating to its background in the field of housing development and is developing or plans to develop the eligible project that is or will be receiving the donations for which the tax credits may be claimed. The bill defines 'eligible project' to mean the development of new residential housing for home ownership consisting of one or more residential units constructed for sale to a buyer whose median income is 120% or less of the area median income and for which each unit sold is to be preserved as affordable housing for a minimum of 15 years by means of a specified deed restriction or long-term land use. In order to be designated as an eligible developer authorized to accept donations, a nonprofit community-based home ownership development organization must satisfy certain criteria as created and evaluated and as may be amended by the Colorado housing and finance authority (authority). The amount of the credit allowed by the bill is 50% of the amount of the money or the value of the securities donated to the eligible developer as documented in a form and manner acceptable to the department of revenue (department); except that the aggregate amount of the credit awarded to any one taxpayer under the bill is limited to $250,000 in any one income tax year. The aggregate amount of tax credits certified is limited to $1.5 million for each tax year beginning January 1, 2019, but prior to the tax year beginning January 1, 2023. If the amount of the credit allowed exceeds the amount of the taxpayer's income tax liability in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in such income tax year is not allowed as a refund but may be carried forward and applied against the income tax due in each of the 5 succeeding income tax years, but must first be applied against the income tax due for the earliest of the income tax years possible. A tax credit allowed by the bill is neither transferable nor assignable to any other taxpayer. In order to claim the credit, the donation the taxpayer provides to obtain the credit must be accepted by the eligible developer to whom it has been given and certified by the authority. The authority is required to certify each donation. The authority completes certification by providing a certificate to the taxpayer in a format acceptable to the department evidencing that the certification requirements of the bill have been met. The authority is permitted to charge and collect an administrative fee from each applicant to recover program administration costs and expenses. A taxpayer claiming the credit must submit, maintain, and record any information that the department may require by rule regarding the taxpayer's donation to the eligible developer, including the certificate received from the authority. A taxpayer is required to electronically file with the department the certificate the taxpayer receives from the authority. Not later than January 15 of each year immediately following the year in which the authority certifies a tax credit, the authority is required to provide the department with an electronic report on the taxpayers who have received a credit for the calendar year that conforms to the income tax year for which the credit is allowed. The bill specifies information the report must contain. The tax credit is repealed, effective July 1, 2030. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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The bill establishes a private school tuition income tax credit commencing on or after January 1, 2019, that allows any taxpayer to claim a credit when the taxpayer enrolls a qualified child in a private school or the taxpayer provides a scholarship to a qualified child for enrollment in a private school. The private school issues the taxpayer a credit certificate and the amount of the credit is: For full-time attendance, 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 half-time attendance, 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 commencing on or after January 1, 2019, 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 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 in a public school in the state prior to being taught at home. Both credits may be carried forward for 3 years but may not be refunded. In addition, the credits may be transferred, subject to certain limitations. (Note: This summary applies to this bill as introduced.) Read More
Under current law a records custodian may deny access to records of investigations conducted by or of intelligence information or security procedures of any sheriff, district attorney, or police department or any criminal justice investigatory files compiled for any other law enforcement purpose on the ground that disclosure would be contrary to the public interest. The bill states that prior to determining whether disclosure would be contrary to the public interest, the custodian shall perform an individualized analysis of each of the specific records requested by balancing: The privacy interests of the individual who may be impacted by a decision to allow inspection; The agency's interest in keeping confidential information confidential; The agency's interest in pursuing ongoing investigations without compromising them; The public purpose to be served in allowing inspection; and Other pertinent considerations relevant to the particular request. The bill further applies the following provisions to records regarding an internal investigation related to the on-duty or in-uniform conduct of a peace officer involving a member of the public: When the custodian is performing the balancing test described above, the custodian shall adhere to the following principles: There is a compelling public interest in public inspection of completed internal investigation files related to a peace officer's on-duty or in-uniform conduct involving a member of the public; public access to internal investigation files enhances the effectiveness of internal investigations, rather than impairing them; and transparency enhances public confidence in the agency. Peace officers do not have a reasonable expectation of privacy in on-duty or in-uniform conduct involving a member of the public. If, after performing the balancing test described above, the custodian makes a preliminary determination that the factors weigh against release, the custodian shall consider whether redaction of the records would satisfy the objective of disclosure while also addressing privacy concerns. The custodian shall redact sparingly in order to maximize the amount of information available to the public. If, after performing the required balancing test and considering redaction, the custodian determines that the factors weigh against release, the custodian may deny disclosure of the records or any portion thereof. If the custodian denies disclosure of the records, the custodian shall upon request provide a written explanation of the basis for the denial, including articulation of the custodian's balancing of the public and private interests. Any local policy, local rule, or ordinance that prohibits custodians from disclosing records of closed internal investigations related to on-duty or in-uniform conduct of a peace officer involving a member of the public is unenforceable; except that the custodian of an internal investigation may deny inspection if the inspection is prohibited by rules promulgated by the supreme court or by a court order and the custodian may deny inspection pursuant to application of the bill.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, a warranty of habitability (warranty) is implied into every rental agreement for a residential premises. The bill makes the following changes related to the warranty: Current law requires written notice before a landlord can be held liable for a breach of the warranty (breach). The bill expands the acceptable notice to also include electronic notice, defines electronic notice, and specifies the time within which the landlord is required to commence remedial action ( sections 3 and 4 of the bill). Jurisdiction to provide injunctive relief related to a breach is expanded to include a county court, including a small claims court ( sections 1, 2, and 6 ). The absence of mold is added to the basic requirements for a habitable residence ( section 5 ). As long as certain conditions are met, a tenant is authorized to deduct the cost of repair from subsequent rent ( section 6 ). The requirement that a tenant notify a local government before seeking an injunction is repealed ( section 7 ). The prohibition on retaliation for a tenant's alleging a breach is modified to specify damages and to eliminate presumptions ( section 8 ).(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill adds discrimination based on source of income as a type of unfair housing practice. 'Source of income' is defined to include any source of money paid directly, indirectly, or on behalf of a person, including income from any lawful profession or from any government or private assistance, grant, or loan program. A person is prohibited from refusing to show, rent, lease, or transmit an offer to rent or lease housing based on a person's source of income. In addition, a person cannot discriminate in the terms or conditions of a rental agreement against another person based on source of income, or based upon the person's participation in a third-party contract required as a condition of receiving public housing assistance. A person cannot include in any advertisement for the rent or lease of housing any limitation or preference based on source of income, or use representations related to a person's source of income to induce another person to rent or lease property. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill authorizes the director of the division of labor standards and statistics in the department of labor and employment (director) to administer and enforce the law that prohibits an employer from discriminating against an employee on the basis of sex and to issue awards to employees and impose penalties on employers for violations. The bill removes the director's enforcement authority and instead permits an aggrieved person to bring a civil action in district court to pursue remedies specified in the bill. The bill allows exceptions to the prohibition if the employer demonstrates that a wage differential is based upon one or more factors including a seniority system, a merit system, or a system that measures earnings by quantity or quality of production or a bona fide factor other than sex. The bill prohibits an employer from discharging or retaliating against an employee for actions by an employee asserting the rights established by the bill against an employer. An employer is required to announce to all employees employment advancement opportunities and the pay range for the opportunities. The director is authorized to enforce actions against an employer concerning transparency in pay and employment opportunities, including fines of between $500 and $10,000 per violation. $85,034 is appropriated from the employment support fund to the department of labor and employment for use by the division of labor standards and statistics. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill requires the department of health care policy and financing and the division of insurance in the department of regulatory agencies (departments) to conduct a study and to prepare and submit a report to certain committees of the general assembly concerning the costs, benefits, and feasibility of implementing a medicaid buy-in option, a public-private partnership option, or a community- or regionally based option for health care coverage. The report must contain a detailed analysis of the advantages and disadvantages of each option and must identify the most feasible option based on objectives and criteria described in the bill. In conducting the study, the departments shall engage in a stakeholder process that includes public and private health insurance experts, consumers, consumer advocates, providers, and carriers. The bill includes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
