Rep. Meghan Lukens

The act modifies the income tax credit for qualified costs incurred in preservation of historic structures (credit) by: Modifying the requirement that a qualified commercial or residential structure be at least 50 years old to instead require a qualified commercial or residential structure to be at least 30 years old; Extending the period for which a taxpayer may claim the credit through income tax years commencing prior to January 1, 2037; Extending the period for which the Colorado office of economic development may reserve the credit through December 31, 2032; Limiting the credit to apply to past rehabilitation expenditures that occurred 12, rather than 24, months prior to the submission of an application for the credit on or after January 1, 2026; Preventing a person from submitting an application for the credit on or after January 1, 2025, in connection with an already completed rehabilitation project; Increasing the amount of the credit that may be awarded for residential rehabilitation expenditures from $50,000 to $100,000, beginning with credits that are awarded on or after January 1, 2025; Removing the 5% increase in the percentage of applicable rehabilitation expenses incurred in a rehabilitation in a disaster area under the credit for rehabilitations made in connection with an application for the credit submitted on or after January 1, 2025; Creating the commercial historic preservation tax credit program cash fund that consists of gifts, grants, donations, any revenue generated by the issuance fee charged in connection with the issuance of a credit, and any other money that the general assembly credits to the fund; For tax years commencing on or after January 1, 2027, allowing the credit for qualified residential structures to be refundable rather than able to be carried forward; and For calendar years commencing on or after January 1, 2025, but before January 1, 2030, establishing a second income tax credit pool of up to $5 million annually that is reserved for an owner of a qualified commercial structure that is rehabilitated so that at least 50% of the square footage of the qualified commercial structure will be net new housing rental units, and, if the qualified commercial structure is subject to a deed restriction that requires the owner to lease rental housing to individuals with an income below a certain amount, the taxpayer claiming the credit may claim 5% more of the qualified expenditures. To implement the act, for the 2024-25 state fiscal year: $74,244 is appropriated from the general fund to the office of the governor for use by economic development programs for general incentives and marketing by the economic development commission; and $54,419 is appropriated from the general fund to the department of higher education for use by history Colorado for the office of archeology and historic preservation. APPROVED by Governor May 24, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act extends the conservation easement oversight commission (commission) and the certified holder program indefinitely. The act replaces a nonvoting member of the commission who represents the great outdoors Colorado trust fund (GOCO) with a voting member who represents GOCO and who is appointed by and serves at the pleasure of the executive director of GOCO. The act also adds a voting member appointed by the governor who meets the definition of "socially disadvantaged farmer or rancher" as defined in federal law. A conservation easement tax credit (credit) is not available for income tax years commencing after December 31, 2031, except for credits created on or before December 31, 2031, and subsequently transferred or carried over as a credit in other tax years. The cap for the total value of credits that may be claimed by and credited to donors of a conservation easement (easement) in one calendar year is increased from $45 million to $50 million starting in calendar year 2025. Credits filed after the cap is reached are placed in a priority system of allocation based on the date the application for the credit was filed, the completeness of the application, and whether the application is approved. Earlier filed credits take precedence over later filed credits. Credits for easements donated in a prior year are eligible for tax credit certificates in subsequent years in order of application. The act provides that for conservation easements donated on or after January 1, 2027, a taxpayer may claim 80% of the fair market value of the donated portion of the easement. Credits may be issued in increments of no more than $1.5 million per year. The total aggregate amount of the credit that may be refunded to the owners, partners, and shareholders of an entity donating an easement may not exceed $200,000 for income tax years beginning on or after January 1, 2027. On and after January 1, 2027, the act eliminates the requirement that to claim the credit, the state controller must certify that the amount of state revenues for the fiscal year ending in the income tax year for which the refund is claimed exceeds the limitation on state fiscal year spending for that fiscal year. The act allows an easement granted on or after January 1, 2025, to include a provision that, subject to specified requirements, allows the holder to approve expanded wind or solar energy facilities that are compatible with and do not impair conservation values. For the 2024-25 state fiscal year, $12,925 is appropriated from the conservation cash fund to the department of regulatory agencies for use by the division of conservation. APPROVED by Governor May 20, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Under existing law, the department of military and veterans affairs (department) pays up to the full amount of tuition for members of the Colorado National Guard (members) pursuing a degree or certificate at certain institutions of higher education via a tuition assistance program (program). The tuition is paid from the Colorado National Guard tuition assistance fund (fund). The bill expands the program to include spouses and children (dependents) of members and to pay for fees charged by the institution of higher education. To qualify for tuition assistance, a dependent must be a dependent of a member who has served in the Colorado National Guard for at least 6 years and either is serving during the period of time that the dependent is receiving tuition and fee assistance or previously served in the Colorado National Guard for at least 12 years. The bill creates the National Guard dependents tuition assistance account (account) in the fund. Tuition for dependents is paid from the account. If the balance in the account is more than the amount necessary to pay for dependents' tuition in a fiscal year and the money in the fund is insufficient to satisfy the demand for tuition assistance for members, the adjutant general of the department may notify the state treasurer to transfer excess money from the account to the fund to pay for members' tuition assistance. (Note: This summary applies to this bill as introduced.)

The bill establishes a state income tax credit (credit) for the sale or lease of land, crops, livestock and livestock facilities, farm equipment and machinery, grain storage, irrigation equipment, or water used for agriculture (agricultural assets) to certain agricultural producers for income tax years beginning on or after January 1, 2026, but before January 1, 2031. There are 3 different credits that may be earned by a qualified taxpayer. For the sale of an agricultural asset to a beginning farmer or rancher or socially disadvantaged farmer or rancher, a qualified taxpayer may earn a credit equal to 5% of the lesser of the sale price or fair market value of the agricultural asset up to a maximum credit of $32,000 for one income tax year. For the lease of an agricultural asset to a beginning farmer or rancher or socially disadvantaged farmer or rancher, a qualified taxpayer may earn a credit equal to 10% of the gross rental income in each of the first, second, and third years of the rental agreement, up to a maximum credit of $7,000 for one income tax year. For the lease of an agricultural asset to a beginning farmer or rancher or socially disadvantaged farmer or rancher for a period of 20 years or more, a qualified taxpayer may also earn a credit equal to 2% of the gross rental income for each year after the first 3 years of the extended term lease, up to a maximum amount of $2,000 per income tax year. The credit is refundable and may not be carried forward. To claim the credit, a qualified taxpayer must apply to the Colorado agricultural value-added development board (board) for a credit certificate (certificate). The board will evaluate the application and issue a certificate if the taxpayer qualifies for the credit. If a certificate is issued, the qualified taxpayer must attach it to the taxpayer's income tax return and submit it to the department of revenue to claim the credit. The board may issue rules to administer the credit. The aggregate amount of credits issued in one calendar year cannot exceed $2 million. After certificates have been issued for credits that exceed an aggregate of $2 million for all qualified taxpayers during a calendar year, any claims that exceed the amount allowed are placed on a wait list in the order submitted and a certificate is issued for use of the credit in the next income tax year. No more than $2 million in claims shall be placed on the wait list in any given calendar year. (Note: This summary applies to this bill as introduced.)

The bill requires that on or before July 1, 2025, a social media company must post published policies for each of its social media platforms. Thereafter, a social media company must post any updates to the policies within 14 days after the implementation of the updated policies. The published policies must include: Contact information that allows a user to ask the social media company questions about the published policies; A description of the process that a user must follow to flag content, groups, or other users that the user believes violate the published policies; A process to which the social media company commits for the purpose of responding to and resolving user questions and flags; A statement that the use of the social media platform for the promotion, sale or advertisement of any illicit substance; for the sale of any firearm in violation of state or federal law; for sex trafficking of a juvenile; or for the possession, display, exchange, distribution, sale, or creation of, or the inducement to create, sexually exploitative material is prohibited; A description of the social media company's process for enforcing its published policies and the potential consequences of violating the published policies; and A statement that violations of the published policies that also violate state or federal law will may be reported to law enforcement for investigation and potential prosecution ; A description of the social media company's policies and practices with respect to personal data and safeguards for juveniles; Information about how to access required safeguards and parental tools, including information for juveniles or their parents about options to opt out of or control personalized recommendation systems and other platform features; Notice about whether the social media platform uses or makes available to juveniles a product, service, or design feature that presents a heightened risk of harm to juveniles; and If the social media platform operates a personalized recommendation system, a description of how the personalized recommendation system is used to provide information to juveniles. A social media company must annually submit to the attorney general a report that includes, for each social media platform owned or operated by the social media company: The current version of the published policies of the social media platform; If the social media company has filed its first report, a complete and detailed description of any changes to the published policies since the previous report; A statement of whether the current version of the published policies contains definitions and or provisions relating to illicit substances, the sale of firearms in violation of state or federal law, sex trafficking of a juvenile, or the possession, display, exchange, distribution, sale, or creation of, or the inducement to create, sexually exploitative material and, if so, the definitions of those categories and a description of those provisions; A detailed description of content moderation practices used by the social media company; Data concerning activities of users based in the United States, including a breakdown of Colorado-based users' activities with regard to certain prohibited categories of content; Data describing actioned items of content and related actions taken by the social media company; Data concerning how juveniles in Colorado use the social media platform; A detailed description of the social media platform's age verification practices, how they are enforced, and how the social media platform responds to user reports of violations; and Data concerning a social media platform's application of its published policies. The bill also requires a social media company to: Use a commercially reasonable process to verify each user's and each potential user's age; Treat a user as a juvenile if the user's device communicates or signals that the user is a juvenile; Allow each user of its social media platforms to select an option to apply the protections available to juveniles; Retain any information obtained for age verification purposes only for the purpose of compliance and for no other purpose and to dispose of such information securely after age verification is complete. Additionally, any agent of a social media company that processes age verification information must have its principal place of business in the United States. Provide readily accessible and easy-to-use tools and settings for parents and guardians to support an individual that a social media platform knows or reasonably should know is a juvenile with respect to the individual's juvenile's use of the social media platform. A social media platform must provide similar tools to an individual that the social media platform knows or reasonably should know is a juvenile. Provide an individual that the platform knows or reasonably should know is a juvenile with clear and conspicuous warnings of certain threats and events regarding content that the individual shares or accesses on a social media platform; Immediately Within 24 hours after determining a violation was made, remove any user of a social media platform who promotes, sells or advertises an illicit substance or engages in the sale of a firearm in violation of state or federal law, the sex trafficking of a juvenile, or the possession, display, exchange, distribution, sale, or creation of, or the inducement to create, sexually exploitative material ; keep the user removed until there is human review of this activity; and permanently remove the user if human review confirms the user engaged in such an action; Retain for at least one year any data and metadata concerning users' identities and activities on the social media platform; Initially respond to any inquiry from a law enforcement agency within 3 days after receiving the inquiry to confirm receipt and to fulfill the law enforcement request within 30 days after receiving the inquiry. A social media company shall preserve the data needed to respond to an inquiry from a law enforcement agency. The bill prohibits a social media company from: Alerting a user to the fact that a law enforcement agency is investigating the user's activity and or account; or Using dark patterns to lead or encourage juveniles to provide personal information, beyond what is reasonably expected, to disable safeguards or parental controls, or to forgo privacy protections. or to take any action that the social media platform knows is not in the best interest of juveniles reasonably likely to access the social media platform. A violation of the bill's provisions, or an act to aid or abet such a violation, is a deceptive trade practice and punishable pursuant to the "Colorado Consumer Protection Act". (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The act amends certain requirements and procedures related to licenses and passes from the Colorado parks and wildlife commission (commission). The act lowers the age threshold for senior annual fishing licenses to 64 years of age and amends the definition of "low-income senior" for the purposes of discounted parks and wildlife licenses. The act also lowers the disability level threshold for veterans with disabilities from 60% to 50% disability for the purpose of granting licenses to disabled veterans. The act lowers the cost of the youth small game hunting license and the youth big game hunting license by 25 cents to account for the inclusion of the backcountry search and rescue fund surcharge that is added administratively by the commission when the licenses are purchased. The act clarifies that adjustments to the prices of certain hunting licenses are based on the cost of the licenses as established in 2018 and adjusted for inflation based on the consumer price index. The act authorizes the commission to establish, by rule, a harvest permit surcharge for the taking of small game when doing so is necessary for the proper management of wildlife resources. The act specifies that revenues generated from the sale of keep Colorado wild passes may be used for capital construction projects. The act establishes procedures for hearings conducted by the commission when a river outfitter license holder or applicant is alleged to have committed a violation and when the applicant or license holder may have their application or license denied, suspended, or revoked. The act authorizes a hearing officer to conduct hearings on behalf of the commission in relation to the denial, suspension, or revocation of a river outfitter license. APPROVED by Governor May 1, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act enacts the "School Psychologists Licensure Interstate Compact" (compact). The purpose of the compact is to facilitate the interstate practice of school psychology in educational or school settings, thereby improving the availability of school psychological services (services) to the public. The compact establishes a pathway to allow school psychologists to obtain equivalent licenses to provide services in any state that is a member of the compact (member state). The compact outlines the requirements for a school psychologist to obtain and maintain an equivalent license in another member state. Provisions for active military members and their spouses are made. The compact takes effect on the date it is enacted into law in the seventh compact state. The executive director of the department of education shall notify the revisor of statutes in writing when the seventh compact state has enacted the compact into law by e-mailing notice to the revisor of statutes. APPROVED by Governor April 29, 2024 EFFECTIVE April 29, 2024(Note: This summary applies to this bill as enacted.)

Under current law, an evaluation report and all public records used in preparing the evaluation report for licensed education personnel (personnel) are confidential and available only to the personnel being evaluated, to the duly elected official and appointed public officials who supervise the personnel's work, and to a hearing officer conducting a hearing or a court of appeals reviewing a decision of the board of education. The act extends the confidentiality of evaluation reports and public records that are used in preparing the evaluation reports to all teachers, principals, administrators, special service providers, and education support professionals. APPROVED by Governor April 19, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act authorizes the board of trustees (board) of any local college district to determine the number of trustees on the board. The act permits 9-member boards that establish board member districts to designate one or 2 board member districts as at-large districts and permits 11-member boards that establish board member districts to designate up to 3 board member districts as at-large districts. Under existing law, voters must approve a school district's annexation into a local college district at a regular biennial school election. The act removes that restriction so that the approval vote may occur at any regular election. The act permits a recipient of a local investments in transformational affordable housing grant for a project in a rural community or rural resort community to prioritize providing affordable housing for enrolled postsecondary students, local college district employees, and local government employees in buildings on land owned and controlled by a local college district. APPROVED by Governor April 11, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The new twenty-third judicial district exists beginning January 7, 2025. The act makes changes so that the crime victim compensation board and the victims and witnesses assistance and law enforcement board may provide compensation and services once the new judicial district exists. APPROVED by Governor April 4, 2024 EFFECTIVE April 4, 2024(Note: This summary applies to this bill as enacted.)