The bill allows a taxpayer that makes a capital investment in an enterprise data center operation in the state of a specified dollar amount within a consecutive 5-year period to enter into a memorandum of understanding with the office of economic development to transition to a different apportionment method for apportioning the income of the taxpayer. The memorandum of understanding must describe the amount of the capital investment and any other investments or actions on the part of the taxpayer that will support the economic development of the state. The bill specifies that a transition schedule must be included in the memorandum of understanding. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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The bill creates the 'Colorado Uninsured Employer Act' to create a new mechanism for the payment of covered claims to workers who are injured while employed by employers who do not carry workers' compensation insurance. The bill creates the Colorado uninsured employer fund, which consists of penalties from employers who do not carry workers' compensation insurance. The bill creates the uninsured employer board to establish the criteria for the payment of benefits, to set rates, to adjust claims, and to adopt rules. The board is required to adopt, by rule, a plan of operation to administer the fund and to institute procedures to collect money due to the fund. (Note: This summary applies to this bill as introduced.)
Legislative Audit Committee. The bill clarifies the criteria and requirements in connection with the assignment of a state-owned motor vehicle (vehicle) to a state agency or to an officer or employee of a state agency. Assignment of vehicles to a state agency. Current law permits the division of central services in the department of personnel (division) to permanently assign a vehicle to a state agency. The bill clarifies that the assignment of a vehicle to a state agency is authorized only when the state agency's use of the vehicle is likely to meet the minimum required mileage for the vehicle's intended work function or if the state agency can justify the need for permanent assignment of the vehicle because of its unique use. The bill also clarifies the conditions under which the division must revoke the assignment of the vehicle to a state agency. Assignment of vehicles to an officer or employee of a state agency. Current law also permits a state agency to assign a vehicle to an officer or employee of the state agency under certain circumstances. The bill specifies that for purposes of the assignment of a vehicle to an officer or employee of a state agency, 'state agency' does not include the judicial and legislative branches of state government, any state institution of higher education, or the Auraria higher education center, and that 'state agency' does include the state board of stock inspection commissioners. Pursuant to current law, a state agency may assign a vehicle to an officer or employee when the executive director of the state agency determines that it would promote a legitimate nonpartisan state interest, promote the efficient operation of the state motor vehicle fleet, and is cost-effective to the state agency. The bill eliminates the current criteria and specifies that a state agency may assign a vehicle to an officer or employee of the state agency for business and commuting only if: Assignment of the vehicle is necessary to conduct official and legitimate state business; The vehicle meets the federal internal revenue service (IRS) definition of qualified nonpersonal use, or assignment of the vehicle is the most cost-efficient means of transportation to the state agency; and Assignment of the vehicle complies with any additional criteria established in rules adopted by the department of personnel. The bill requires the executive director of a state agency or their designee to authorize the assignment of a vehicle in writing and submit the authorization and any supporting documentation to the director of the division for review. The bill requires the director of the division or the state controller, as applicable, to review any assignment of a vehicle to an officer or employee of the state agency. The director of the division or the state controller is required to verify that the state agency's assignment of a vehicle complies with state and federal law. If the review establishes that the assignment of a vehicle does not comply with state and federal law, the division is required to revoke the assignment of the vehicle. Currently, any state officer or employee who has an assigned vehicle is required to reimburse the state for the use of the vehicle at a rate computed by the division. The bill eliminates the reimbursement provision and specifies that when an officer or employee is assigned a vehicle because it is the most cost-efficient means of transportation to the state agency, the officer or employee is required to pay income tax on the value of the fringe benefit of the vehicle. The bill requires the state controller to calculate and report as income the value of the vehicle's fringe benefit in accordance with IRS regulations. The division is required to establish a program and adopt rules providing for annual verification by the director of the division or the state controller that the assignment of each state-owned motor vehicle to an officer or employee of a state agency still complies with the requirements of state and federal law. The review is required for all assigned vehicles, regardless of when they were assigned. If the verification process establishes that the assignment of a vehicle does not comply with state and federal law, the division is required to revoke the assignment of the vehicle. On or before September 1, 2019, the department of personnel is required to report to the legislative audit committee regarding the implementation and enforcement of the bill. The department may make recommendations regarding further modifications to the criteria and requirements for the assignment of vehicles to officers and employees of state agencies for business and commuting purposes. (Note: This summary applies to this bill as introduced.)
Legislative Audit Committee. Section 1 of the bill requires the state auditor (auditor) to establish and administer a telephone number, fax number, email address, mailing address, or internet-based form whereby any individual may report an allegation of fraud committed by a state employee (employee) or an individual acting under a contract with a state agency (contracted individual). This system is referred to in the bill as the 'fraud hotline' or 'hotline' and any report to the hotline as a 'hotline call'. Section 1 defines 'fraud' to mean occupational fraud or the use of one's occupation for personal enrichment through the deliberate misuse or misapplication of the employing organization's resources or assets. Section 1 prohibits the auditor from disclosing publicly, or when making a referral to another state agency, the identity of any individual who contacts the fraud hotline unless the individual grants the auditor express permission to make such disclosure. These restrictions do not apply when the auditor makes a disclosure to a law enforcement agency, a district attorney, or the attorney general in connection with a criminal investigation. Under the bill, the auditor is responsible for administering the hotline, including the screening of hotline calls and consulting and coordinating with state agencies to refer allegations of fraud by an employee or contracted individual that are reported to the hotline. In connection with the administration of the hotline, the bill requires the auditor to: Publicize the existence and purpose of the hotline on the official website of the office of the state auditor; and Prepare and maintain workpapers for the purpose of documenting the activities of his or her office in connection with hotline calls and investigations. All workpapers prepared or maintained by the auditor in connection with hotline calls and investigations must be held as strictly confidential by the auditor and not for public release. These restrictions shall not prevent communication by and among the auditor, a state agency, the governor, the legislative audit committee (committee), a law enforcement agency, a district attorney, or the attorney general in accordance with the requirements of the bill. The bill specifies that all workpapers prepared or maintained by the auditor in connection with hotline calls shall not constitute public records for purposes of the 'Colorado Open Records Act'. Upon receiving a hotline call, the auditor must conduct an initial screening of the call to determine whether the matter being reported constitutes an allegation of fraud committed by an employee or a contracted individual. The auditor is required to forward all hotline calls alleging fraud by a medicaid recipient to the department of health care policy and financing and all calls alleging fraud by a medicaid provider or contractor to the medicaid fraud control unit of the office of the attorney general. If the auditor determines that a hotline call constitutes an allegation of fraud committed by an employee or contracted individual, the auditor is required to consult and coordinate with the management or designee of the affected state agency or, in the case of alleged fraud involving a gubernatorial appointee, the governor's office for the purpose of referring the hotline call and any related workpapers to the affected agency. Upon receiving a referred hotline call from the auditor, the state agency is responsible for determining and taking appropriate action to respond to the referred hotline call and reporting back to the auditor. In determining appropriate action, the state agency may request either the assistance of the auditor to participate in an investigation or request that the auditor conduct the entire investigation. When, at the request of a state agency, the auditor either participates in or conducts an investigation of a hotline call, the following additional requirements apply: The auditor is granted complete access to all of the books, accounts, reports, vouchers, or other records or information maintained by the agency that are directly related to the scope of the investigation; The auditor is required to report the results of the investigation to the head of the affected agency or, in the case of alleged fraud involving a gubernatorial appointee, to the governor's office. The auditor is also required to provide any workpapers prepared or maintained by the auditor during the investigation. If the investigation finds evidence that the amount of the alleged fraud exceeds $100,000, the auditor is also required to report the results of the investigation to the committee and, with the approval of the committee, to the governor; and If the investigation finds evidence of apparently illegal transactions or misuse or embezzlement of public funds or property, the auditor is required to immediately report the matter to a law enforcement agency, a district attorney, or the attorney general, as appropriate. When a state agency is referred a hotline call by the auditor and has not requested that the auditor either participate in or conduct the entire investigation, the state agency is required to report back to the auditor within 90 days on the disposition of the referral, including action the agency has taken to respond to the fraud allegation and the results of any subsequent investigation by the agency. If the state agency has not reached a disposition of the referred hotline call within 90 days, the agency must report to the auditor the current status of the referral as of the 90-day deadline. This reporting requirement continues every 90 days thereafter until the agency has reached a disposition of the referred hotline call. Commencing with state fiscal year 2018-19, section 1 also requires the auditor to prepare an annual report to the committee providing an aggregate summary of activity relating to the fraud hotline during the preceding state fiscal year. Section 2 adds the administration of the hotline to existing statutory provisions specifying the auditor's powers and duties. Sections 3 and 4 prohibit retaliation against either a state employee or an entity under contract with a state agency resulting from the employee's disclosure of information to the hotline except where the employee discloses information with disregard for its truth or falsity.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill extends the Colorado economic development commission (commission) by changing the repeal date of its organic statute to July 1, 2025. In addition, the bill authorizes the commission to transfer money appropriated to the commission to the Colorado economic development fund and to expend such money without further appropriation. The bill appropriates $5 million from the general fund to the office of the governor for use by the Colorado office of economic development. The office of economic development may use the appropriation for the commission. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
In 2013, the general assembly enacted SB 13-225, which established a task force in the department of public health and environment (department) to study and make recommendations for developing a statewide plan to improve quality of care to STEMI heart attack patients. ('STEMI' is an acronym for ST-elevation myocardial infarctions.) The study was to explore, among other things, the creation of a database for collecting data on STEMI care and access to aggregated STEMI data from the database for purposes of improving STEMI heart attack care. The bill implements the following recommendations of the task force, with some modifications: Requires a hospital that is accredited as a STEMI receiving center to report to a specified national heart attack database data that is consistent with nationally recognized guidelines on individuals with confirmed heart attacks within the state; Within 30 days after receiving quarterly reports from the heart attack database, requires hospitals to submit those reports to the department; Specifies that reports obtained by the department are privileged and strictly confidential, are not subject to subpoena or discovery, and are not admissible in a civil, criminal, or administrative proceeding; and Requires the department to sign a letter of commitment with the American College of Cardiology to ensure compliance with the confidentiality requirements and to request national reporting measures and metrics for benchmarking data.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill contains a legislative declaration about the difficulties small businesses encounter when attempting to stay current with changing rules and new rules that affect their businesses. The bill identifies 4 specific actions that the executive branch could take to inform small businesses about proposed and new rules. The bill creates a system that gives state agencies discretion in imposing fines upon a business for a first-time offense of a minor violation. The agency's discretion applies to small businesses with 50 or fewer employees (business). Unless specifically stated otherwise in statute, a state agency has discretion to give the business an opportunity to cure the violation in 30 business days and to waive the penalties or fine if the minor violation is cured. If the business: Cures the minor violation within 30 days, the agency shall waive the penalties or fine or both; or Cures the minor violation after the 30-day cure period has run, the agency may reduce the penalties or fine in full or in part. The opportunity to cure a minor violation does not apply in cases where an agency is required by statute to assess a fine for noncompliance. The bill defines 'minor violation' as a violation that: Relates to operational or administrative matters such as record keeping, retention of data, or failing to file reports or forms; and Is enforced by a fine, either in total or in the aggregate, of $500 or less; and Meets one of the following conditions: The violation relates to a rule promulgated within the 12 months immediately preceding the alleged violation; or The violation relates to any rule and the business that has committed the minor violation has been operating as a business for less than 1 year prior to the violation. 'Minor violation' does not include: Any matter that places the safety of employees; other persons; or the public health, safety, or environment at risk; or Violations relating to: The issuance of or denial of benefits or compensation to employees; or Activities required by federal law. Each state agency shall conduct an analysis of noncompliance with its rules to identify rules with the greatest frequency of noncompliance, rules that generate the greatest amount of fines, how many first-time offenders were given the opportunity to cure a minor violation, and what factors contribute to noncompliance by regulated businesses. The agency shall consider and review what actions should be taken to address the issues identified. Any principal department that conducts an analysis of noncompliance with rules shall forward that analysis to the department of regulatory agencies, who shall compile and summarize those analyses into one combined analysis of noncompliance with rules. The department of regulatory agencies shall include that compiled analysis in its departmental presentation to the oversight legislative committee pursuant to the 'SMART Government Act'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sections 1 through 4 of the bill clarify that the expedited permitting process established for broadband facilities applies to small cell facilities and small cell networks. Section 1 adds language concerning small cell facilities and small cell networks to a legislative declaration. Section 2 adds statutory definitions of 'antenna', 'micro wireless facility', and 'tower' and amends the definitions of 'small cell facility' and 'wireless service facility'. Section 3 requires a local government to process an application for a small cell facility or a small cell network within 90 days after receiving the completed application. Section 4 declares the siting and operation of small cell facilities and small cell networks are a permitted use in any zone and clarifies the approval process for a consolidated application for multiple small cell facilities or small cell networks. Sections 6 and 7 clarify that the rights-of-way access afforded to telecommunications providers for the construction, maintenance, and operation of telecommunications and broadband facilities extends to broadband providers as well as small cell facilities and small cell networks and, in conjunction, section 5 defines 'collocation', 'small cell facility', and 'small cell network'. Section 8 states that if a telecommunications provider or broadband provider complies with applicable law, it has the right to locate or collocate small cell facilities and small cell networks on a local government entity's light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity, but prohibits small cell facilities and small cell networks from being placed on structures with tolling collection or enforcement equipment attached. Section 8 also states that, other than a traffic permit for work that affects traffic patterns or causes lane closures, a local government entity shall not require an application, permit, or payment for the placement, maintenance, or replacement of micro wireless facilities suspended on cables that are strung between existing utility poles in compliance with national safety codes. Section 9 adds small cell facilities and small cell networks to the types of facilities for which a telecommunications provider or broadband provider may contract with a private property owner to obtain a right-of-way for the construction, maintenance, and operation of the facility. Section 10 concerns the consent a telecommunications provider or broadband provider must obtain from a political subdivision to erect communications or broadband facilities along, through, in, upon, under, or over a public highway, and adds small cell facilities and small cell networks to the facilities for which the consent is required. Section 10 further provides that a political subdivision shall not create a preference or disadvantage to any telecommunications provider or broadband provider in granting or withholding its consent, and that a decision by a political subdivision denying or limiting the placement of communications or broadband facilities based on the protection of public health, safety, and welfare does not create a preference for or disadvantage a telecommunications provider or broadband provider if the decision does not have the effect of prohibiting the provider from providing service within the service area. Section 11 makes a conforming amendment. Section 12 specifies the amount and type of payment a local government or municipally owned utility may receive from a telecommunications provider, broadband provider, or cable television provider in exchange for granting permission to attach small cell facilities, broadband devices, or telecommunications devices to poles or structures that are in a right-of-way and are owned by the local government or municipally owned utility.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Legislative Audit Committee. Current law requires the creation of a child protection team for any county or group of contiguous counties receiving more than 50 referrals related to child abuse or neglect in a year. Other counties or groups of contiguous counties are encouraged, but not required, to establish a child protection team. The bill makes it optional for all counties and groups of contiguous counties to establish a child protection team, at the discretion of the county director or the directors of a contiguous group of counties. The state department of human services is directed to include a summary and description of the work of child protection teams in its annual 'State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act' presentation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently, a bank may rely on a certificate of trust when trustees open a trust deposit account. The bill requires trustees to provide additional information in a certificate of trust. The bill also permits a bank to rely on a certificate of trust for any transaction between the bank and the trustees unless the bank has knowledge that the certificate of trust is contrary to the trust agreement. Knowledge will not be inferred solely because the bank has a copy of the trust agreement. The bill allows credit unions to rely on a certificate of trust in the same manner as a bank. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)