Accountability - local accountability system grant program - supplemental performance report - alternative format - evaluation - reporting - appropriation. The act creates the local accountability system grant program (grant program) in the department of education (department) to provide grant money to local education providers that adopt local accountability systems to supplement the state accountability system. A local accountability system may include additional measures for determining achievement of the state performance indicators and additional indicators of student success, but the measures do not affect the accreditation rating assigned to a school district or the type of plan that a school must adopt. A local education provider may use grant money to work with one or more accountability system partners, which may be public or private institutions of higher education or private nonprofit entities. The department shall review applications and recommend to the state board of education (state board) the applicants that may receive a grant and the amount of the grant. The state board shall award the grants subject to available appropriations. The department may also accept and expend gifts, grants, and donations for the grant program and the summary evaluation report. A local education provider that adopts a local accountability system may submit to the department a supplemental performance report that includes information collected through the local accountability system. The local education provider may also use an alternative format for the type of performance plan that the local education provider is required to implement. The department must post the supplemental performance reports and alternatively formatted plans on the department's data portal. Starting no later than July 15, 2020, the department must convene an annual meeting of the local education providers that implement local accountability systems to share information. Beginning January 15, 2021, the department shall submit an annual report to the state board and the education committees of the general assembly concerning implementation of local accountability systems and implementation of the grant program. The department shall also post the report on its website and, upon request of a local education provider, provide information concerning the measures implemented through local accountability systems. Starting in the third year of the grant program, the department must contract with an external evaluator to prepare an annual summary evaluation report of the implementation of the local accountability systems that receive grants. The department must include the summary evaluation in the annual report. For the 2019-20 fiscal year, the act appropriates $493,097 from the general fund to the department of education to implement the local accountability system grant program. (Note: This summary applies to this bill as enacted.) Read More
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Commissions on judicial performance - senior judges - vacancies - surveys. Currently, senior judges are evaluated by the state commission on judicial performance (state commission). The act repeals this provision and makes conforming amendments. Under current law, for a vacancy on a state or district commission on judicial performance, if the appointing authority does not appoint a replacement within 45 days after the vacancy arises, the governor appoints a replacement member of the commission. The act changes this from the governor to the state commission. The act provides that surveys of justices and judges are to be distributed primarily through electronic means and directs the state commission to make efforts to locate electronic addresses for persons who use the courts. For rules of the state commission, the act clarifies that they may provide for a matrix or scorecard to evaluate a judge or justice and repeals the requirement that the rules contain a threshold for deciding whether a judge or justice meets a performance standard. (Note: This summary applies to this bill as enacted.) Read More
Colorado new energy improvement district - inclusion of housing authority property. The Colorado new energy improvement district (NEID) administers a commercial property assessed clean energy program through which an owner of eligible real property, which includes residential properties having at least 5 dwelling units (eligible property), may finance energy improvements to the eligible property by joining the NEID and agreeing to pay a NEID special assessment against the eligible property. A city, county, or multijurisdictional housing authority (housing authority) and its property, whether owned or leased, are generally exempt from the payment of special assessments to the state or any political subdivision of the state. The act clarifies that this exemption does not preclude a housing authority, an entity in which a housing authority has an ownership interest, or a lessor who leases real property to or from a housing authority from voluntarily applying to include eligible real property that it owns into the boundaries of the NEID and accepting the levying of a NEID special assessment against the eligible property.(Note: This summary applies to this bill as enacted.) Read More
Public school capital construction - increase in state financial assistance - adjustment to formula for determining total financial assistance for charter schools - financial assistance for full-day kindergarten facilities - appropriations. Law in effect before May 21, 2019, required the greater of the first $40 million of state retail marijuana excise tax revenue or 90% of the revenue to be credited to the public school capital construction assistance fund (assistance fund) and limited the maximum total amount of annual lease payments payable by the state under the terms of all outstanding lease-purchase agreements entered into as authorized by the "Building Excellent Schools Today Act" (BEST) to $100 million. Beginning July 1, 2019, the act: Requires all state retail marijuana excise tax revenue to be credited to the assistance fund; Increases the maximum total amount of BEST annual lease payments to $105 million for state fiscal year 2019-20 and to $110 million for state fiscal year 2020-21 and each state fiscal year thereafter; Changes the percentage of the state retail marijuana excise tax revenue credited to the assistance fund that is further credited to the charter school facilities assistance account of the assistance fund for distribution to charter schools from 12.5% to a percentage equal to the percentage of pupil enrollment statewide represented by pupils who were enrolled in charter schools for the prior school year; and Changes the total amount of money annually appropriated from the state education fund for charter school capital construction from a flat amount of $20 million per year to $20 million per year annually adjusted for changes in the percentage of students included in the statewide funded pupil count who are enrolled in charter schools. The act also: During state fiscal year 2018-19, transfers $4.25 million from the assistance fund to the charter school facilities assistance account of the assistance fund; For state fiscal year 2020-21, requires the general assembly to appropriate $160 million from the assistance fund for use by the public school capital construction assistance board (BEST board) in providing financial assistance for public school capital construction in the form of BEST matching cash grants only; On July 1, 2019, transfers $25 million from the assistance fund to the full-day kindergarten facility capital construction fund (kindergarten facility fund); Requires the BEST board to accept applications from applicants that will provide a full-day kindergarten educational program for the 2019-20 school budget year (state fiscal year 2019-20) for formula-based grants for that budget year of the $25 million transferred to the kindergarten facility fund and authorizes applicants to spend the grants to acquire furniture, fixtures, or other fixed or moveable equipment, excluding construction equipment, that is needed to conduct a full-day kindergarten educational program or a preschool educational program; Specifies a grant distribution formula that takes into account an applicant's per pupil funding, size factor, and percentages of enrolled pupils who are eligible for free or reduced price lunch, are English language learners, or are special education students; Requires any of the $25 million that is not actually distributed as grants during the 2019-20 school budget year due to some eligible applicants not applying for grants or applying for grants in amounts that are less than the amount that the distribution formula would otherwise provide to be transferred back to the assistance fund; Increases the state fiscal year 2018-19 appropriation from the charter school facilities assistance account of the assistance fund to the department of education for state aid for charter school facilities by $4.25 million; and Makes appropriations for state fiscal year 2019-20 as follows: $50 million from the assistance fund to the department of education for BEST matching cash grants; $25 million from the kindergarten facility fund to the department of education for the formula-based grants authorized by the act; $5 million from the assistance fund to the department of education for the increased BEST annual lease payments authorized by the act; and $656,559 from the state education fund to the department of education for state aid to charter school facilities.(Note: This summary applies to this bill as enacted.) Read More
Income tax - affordable housing tax credit - increase in aggregate amount of tax credits that may be allocated annually. Currently, under the affordable housing tax credit, during each calendar year of the period beginning in 2015 and ending in 2024 the Colorado housing and finance authority (CHFA) may allocate tax credits in an aggregate amount up to $5 million annually. The act increases the annual aggregate cap to $10 million for the years beginning on January 1, 2020, and ending on December 31, 2024.(Note: This summary applies to this bill as enacted.) Read More
List of nondeveloped real property - submission to capital development committee - report to general assembly - property tax - modification to administration of existing property tax exemption - certain affordable housing developments. Not later than October 15, 2019, the act requires each state agency and state institution of higher education to submit to the capital development committee (committee) a list of all nondeveloped real property owned by or under the control of the agency or institution. The act defines "nondeveloped real property" to mean unimproved real property that is not otherwise protected for or dedicated to another use such as an access or a conservation easement. Not later than October 15 of each year thereafter, the act requires each agency or institution to submit to the committee any additions or deletions to the list identifying any nondeveloped real property the agency has acquired or disposed of during the preceding state fiscal year. The committee is required to include this information in an annual report published on the website of the general assembly. The division of housing within the department of local affairs (division) is required to provide a link to the report on the division's website. The act exempts the division of parks and wildlife in the department of natural resources from these requirements. On a page on the website maintained by the department of local affairs that is dedicated to the division, the act requires the division to provide a link to the annual report that includes information on nondeveloped real property owned by or under the control of each state agency or institution of higher education. Not later than once annually by December 31 of each year, the division is required to update this link. Under current law, certain property is exempt from the levy and collection of the real property tax if the property is owned by: A nonprofit corporation, the earnings of which do not inure to a private shareholder, and the property is irrevocably dedicated to charitable, religious, or hospital purposes; or A nonprofit corporation that is a general partner of a partnership formed for the purpose of creating or maintaining affordable housing. The statutory provisions that allow for the property tax exemption for a partnership satisfying the requirements of the exemption do not apply if, during a specified compliance period, the partnership which owns the residential structure distributes income or has income available for distribution to its partners or if the residential structure is sold or otherwise disposed of during the compliance period. If the property tax administrator (administrator) determines that income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator is required to revoke the property tax exemption for the residential property and to levy and collect property tax against the residential property, which would have otherwise been levied and collected from the date on which the exemption was initially granted plus all delinquent interest as provided for by law. For property tax years commencing on or after January 1, 2019, if the administrator determines that income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator is required to either revoke the property tax exemption for the residential property as of the date income becomes available for distribution or terminate the exemption as of the date the property is transferred. Under the act, the administrator is no longer required in such circumstances to levy and collect property taxes that otherwise would have been levied and collected. (Note: This summary applies to this bill as enacted.) Read More
Business entities - updates to governing law - appropriation. The act makes the following changes to the "Colorado Business Corporation Act" (CBCA) and conforming changes to the "Colorado Corporations and Associations Act" (CCAA): Deletes definitions in the CCAA that are no longer necessary (section 1); Updates provisions in the CCAA to clarify conversions and mergers of entities and exchanges of owners' interests in entities (sections 2 through 18); Updates provisions in the CCAA addressing the requirements for the name of an entity formed under Colorado law or qualified to do business in Colorado as a foreign entity (sections 19 through 21); Updates provisions in the CCAA regarding court proceedings that may be filed by a dissolved Colorado entity for a determination of the amount and form of security to be provided for payment of claims that are contingent or unknown or that arose from events occurring after dissolution (sections 22 through 24); Adds definitions to and updates definitions in the CBCA (section 25); Reorganizes certain provisions that are optional to include in the articles of incorporation of a Colorado corporation so that they appear in a single location to avoid confusion (section 28); Adds an optional forum selection provision similar to that found in other states and the "Model Business Corporation Act" (section 29); Updates provisions for proxies and treatment for voting purposes of shares held by intermediaries and nominees (sections 31 and 32); Updates provisions for the general standards of conduct for directors and officers and standards of liabilities for directors (section 35); Updates provisions dealing with conflicting interest transactions and corporate opportunities (section 36); Updates provisions dealing with indemnification of directors, officers, employees, fiduciaries, and agents and advancement of expenses (sections 38 through 46); Updates provisions dealing with corporate mergers, conversions, and exchanges by reference to the updated provisions in the CCAA (sections 47 through 55); Repeals and reenacts, with amendments, former article 113 of title 7, Colorado Revised Statutes, relating to dissenters' rights and substitutes provisions to define the procedure to obtain appraisal rights in lieu of dissenters' rights (section 56); and Updates the provisions establishing the grounds and procedures for seeking judicial dissolution and providing for an election by one or more shareholders to purchase shares owned by the petitioning shareholders in lieu of proceeding with judicial dissolution (sections 57 through 60). The act also updates certain provisions of articles 55 and 56 of title 7, Colorado Revised Statutes, regarding various forms of cooperatives, as well as articles 41 (domestic associations organized as savings and loan associations) and 103 (state banks) of title 11, Colorado Revised Statutes, to be consistent with changes made in the CBCA (sections 63 through 65, 68, and 69). $59,360 is appropriated from the department of state cash fund to the department of state to implement the act. (Note: This summary applies to this bill as enacted.) Read More
High school innovative learning pilot program - appropriation. The act creates the high school innovative learning pilot program (pilot program) to support school districts, boards of cooperative services, and charter schools (local education providers) in providing innovative learning opportunities to students enrolled in grades 9 through 12 (high school students). Each local education provider that is selected to participate in the pilot program is allowed, for purposes of school finance, to count high school students who participate in innovative learning opportunities as full-time pupils regardless of whether they meet the required number of teacher-pupil instruction and contact hours for full-time enrollment. A local education provider may apply to participate in the pilot program by submitting an application that, among other things, describes the local education provider's innovative learning plan (plan). The act specifies other requirements for the application and requirements for the plan. The department of education (department) implements the pilot program by reviewing the applications and recommending to the state board of education (state board) the applicants that should participate in the pilot program, and the state board selects the participants. The recommendations and selections must be based on criteria specified in the act. The act limits the number of pilot program participants in the first year but states it is the intent of the general assembly to increase participation to 100% by the 2025-26 budget year. The act directs the department to contract with a statewide nonprofit entity to assist the department and local education providers in applying to participate, participating, and evaluating the pilot program and in preparing a report concerning implementation of the pilot program. The act specifies information that each participating local education provider must submit to the department concerning its participation in the pilot program and requires the department to prepare an annual report summarizing the information and evaluating the success of the pilot program in increasing high school student participation in innovative learning opportunities. The pilot program is repealed, effective July 1, 2025. For the 2019-20 fiscal year, the act appropriates $129,563 from the general fund to the department of education to implement the pilot program. (Note: This summary applies to this bill as enacted.) Read More
Under existing law, each licensed teacher receives a written evaluation, at least 50% of which must be based on student academic growth. Under the bill, 30% of the evaluation must be based on student academic growth and at least 20% on other measures determined by the school district board of education or the board of cooperative services to support student, educator, and system success. The bill creates a working group consisting of the commissioner of education, or his or her designee, several members appointed by the governor who represent teachers, administrators, parents, students, and education policy experts, and 6 legislators appointed by legislative leadership. The working group shall review the implementation of educator performance evaluation systems in Colorado and in other states and countries, identify best practices in performance evaluation, and make recommendations to the general assembly and the state board of education to improve the implementation and use of performance evaluations. The working group must complete its report by November 1, 2019, and submit it to the state board of education and the education committees of the general assembly. The department of education will post the report on the department's website. The working group is repealed, effective July 1, 2020. (Note: This summary applies to this bill as introduced.) Read More
Contract performance and payment bonds. Under current law, when a person, company, firm, corporation, or contractor (contractor) enters into a contract with a county, municipality, school district, or, in some instances, any other political subdivision of the state, to perform work in connection with a project that has specified characteristics, the contractor is required to execute performance bonds and payment bonds. The act specifies that some of these bonding requirements apply to certain construction contracts situated or located on publicly owned property using public or private money or public or private financing. (Note: This summary applies to this bill as enacted.) Read More