Rep. Alec Garnett

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The bill exempts from the definition of "employment" under the "Colorado Employment Security Act" (act) nonprofit youth sports organization coaches if there is a written agreement between the coach and the organization that meets certain requirements, including a statement that the coach is an independent contractor. The organization may not control the means or methods by which the coach provides coaching services, nor may the organization terminate the coach except for breach of contract or noncompliance with the requirements of the youth sports governing body or industry standards. If the bill's requirements are satisfied, then the coach will be considered an independent contractor for purposes of the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill changes the name of the crime computer crime to cybercrime. The bill makes soliciting, arranging, or offering to arrange a situation in which a minor may engage in prostitution, by means of using a computer, computer network, computer system, or any part thereof, a cybercrime. The bill makes stealing the information from a credit card magnetic strip or placing different information on a credit card magnetic strip without permission and with the intent to defraud a cybercrime. The bill makes changes to the penalty structure for cybercrime. The bill makes conforming amendments. The bill appropriates from the general fund to the department of corrections: For the 2019-20 state fiscal year, twenty-two thousand seventy-two dollars; For the 2020-21 state fiscal year, thirty-four thousand six hundred seventy-seven dollars; For the 2021-22 state fiscal year, thirty-nine thousand three hundred thirty-four dollars; and For the 2022-23 state fiscal year, thirty-nine thousand three hundred thirty-four dollars.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Existing law generally requires that, for a person to issue a security, either the security or the person must be exempt or the person must register the security with the securities commissioner. The federal 'National Securities Markets Improvement Act of 1996' (NSMIA) preempts certain provisions of the 'Colorado Securities Act' that require the filing of a registration statement and the collection of fees for mutual fund offerings. NSMIA permits state securities regulators to require only notice filing and the payment of a required fee for mutual fund offerings. Sections 1, 2, and 5 of the bill eliminate the registration requirement, and section 3 substitutes a notice filing requirement. The notice is valid for 12 months, must be accompanied by a fee established by the securities commissioner, and can be renewed.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill creates a temporary income tax credit for income tax years commencing on or after January 1, 2019, but prior to January 1, 2022, for employers that make contributions to 529 qualified state tuition program accounts owned by their employees in an amount equal to 20% of the contribution, not to exceed $500. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Beginning January 1, 2020, an employer is allowed an income tax credit that is an amount equal to 35% of the employer's expenses incurred: Paying an employee during his or her leave of absence period, which is paid leave given to an employee for the purpose of making an organ donation, but which does not exceeding 10 working days or the hourly equivalent thereof; and For the cost of temporary replacement help, if any, during an employee's leave of absence period. An employer shall not claim a tax credit related to a leave of absence period for an employee who the employer pays wages of $80,000 or more during the income tax year. The tax credit is not refundable, but unused credits may be carried forward up to 5 years. Upon request of the department of revenue as part of an audit, a taxpayer must provide the department of revenue with documentation from the employee's medical provider that verifies the employee's organ donation. The department is granted an exception from a law that prohibits it from requesting medical records or medical information. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill creates the 'Nonprofit Sustainability Act of 2018'. For income tax years commencing on or after January 1, 2019, but prior to January 1, 2022, the bill allows an individual taxpayer to claim an income tax credit for a contribution of money to an eligible endowment fund that is equal to 25% of the contribution. An 'eligible endowment fund' is defined in the bill as an endowment fund that is managed in accordance with the 'Uniform Prudent Management of Institutional Funds Act'. A Colorado charitable organization that receives the donation is required to provide a credit certificate to the taxpayer, who must submit the certificate to the department of revenue along with his or her tax return. The maximum credit an individual may claim for an income tax year is $5,000. Unused credits are not refunded and may not be carried forward. A taxpayer may not claim the credit if he or she claims any other state income tax credit for the same charitable contribution. The department of revenue is required to track all the credits claimed in each income tax year and, when the total amount of credits claimed equals twelve million dollars per income tax year, is required to disallow all subsequent credits claimed in that income tax year. (Note: This summary applies to this bill as introduced.) , Read More

Current law requires an individual who wishes to have a document notarized to appear personally before the notary public. The bill authorizes notaries public to perform a notarial act on behalf of an individual who is not in the notary's physical presence, but only with respect to an electronic document. To perform a 'remote notarization', a notary must use a tamper-evident electronic system that conforms to standards established by rules of the secretary of state, including using real-time audio-video communications and keeping an audio-video recording of the notarization for at least 10 years. The bill establishes the standards that a notary must comply with to have satisfactory evidence of the identity of the person seeking the remote notarization. A notary is prohibited from using information collected during a remote notarization other than as allowed by applicable federal or state law. The bill appropriates $42,895 to the department of state for the implementation of the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More