Colorado's statutory homestead exemption exempts a portion of a homestead from seizure to satisfy a debt, contract, or civil obligation. Section 2 increases the amount of the homestead exemption: From $75,000 to $250,000 if the homestead is occupied as a home by an owner of the home or an owner's family; and From $105,000 to $350,000 if the homestead is occupied as a home by an owner who is elderly or disabled, an owner's spouse who is elderly or disabled, or an owner's dependent who is elderly or disabled. Section 3 expands the meaning of "homestead" to expressly include a "dwelling", and section 4 defines a dwelling as conventional housing and personal property that is actually used as a residence, including any vehicle, trailer, vessel, camper coach, mounted equipment, railway car, shipping or cargo container, shed, yurt, or tiny home. Under current law, the proceeds from a homestead exemption or, if a homestead property is sold by the owner, the proceeds from the sale are exempt from execution or attachment for a period of 2 years if the person entitled to the exemption keeps the exempted proceeds separate and apart from other money. Section 5 expands this period to 3 years and extends the exemption to apply to proceeds from insurance covering destruction of homestead property, which proceeds are held for use in restoring or replacing the homestead property. Section 6 increases the maximum amounts of existing exemptions from levy and sale under a writ of attachment or execution for certain types of property and creates new exemptions for: Firearms and hunting and fishing equipment; Economic impact payments; Health savings accounts; and Money placed into a life expectancy set-aside account or similar reserve fund, escrow, or impound account, which money is derived from reverse mortgage proceeds that are designated for specific uses. Section 6 also recreates and decreases an exemption for money in depository accounts. Sections 6, 7, and 8 remove a requirement that a person must deposit child support payments in an account designated for the child and, with regard to child support payments and unemployment benefits, not commingle funds in order to claim an exemption for child support payments or an exemption for unemployment benefits. (Note: This summary applies to this bill as enacted.)
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The total compensation philosophy for employees in the state personnel system is modified to specify that it is the policy of the state to provide innovative total compensation that meets or exceeds total compensation provided by public or private sector employers to officers and employees in the state personnel system to ensure the recruitment, motivation, and retention of a qualified and competent workforce. References to "prevailing" total compensation and "prevailing practices" in connection with state employee benefits are eliminated. (Note: This summary applies to this bill as enacted.)
Beginning January 1, 2023, the act increases the salary of full-time newly elected or reelected category II county coroners to match the salary of category II county treasurers, assessors, clerks, and commissioners. The act allows the board of county commissioners to decline the full-time status of a category II county coroner for cause, but only after the coroner is given notice and an opportunity to be heard by the board of county commissioners in a public hearing. The act allows category III and category IV county coroners to work full-time if full-time work is agreed upon in consultation with and approved by the county commissioners. For a category III or category IV county that has a full-time county coroner only, the act increases the salary of a newly elected or reelected county coroner to match the salary of the county treasurer, assessor, clerk, and commissioner. (Note: This summary applies to this bill as enacted.)
For income tax years beginning on or after January 1, 2023, but before January 1, 2030, the bill creates an income tax credit (tax credit) for any employer that: Creates a clean commuting plan to implement strategies to increase the use of alternative transportation options and reduce the number of measurable vehicle miles driven by its employees in single-occupancy vehicles when commuting to and from their work site (clean commuting plan) for the purpose of reducing automobile-related air pollution, traffic congestion, and transportation costs, particularly for essential workers and workers earning under $40,000 per year; Conducts an employer commuter survey to determine how its employees commute to and from their work site; and Offers 2 or more alternative transportation options to some or all of its employees in furtherance of the employer's clean commuting plan. The amount of the tax credit is 50% of the amount spent by the employer to provide alternative transportation options to some or all of its employees. In addition, the bill requires the executive director of the department of transportation (director), in coordination with the Colorado energy office and metropolitan planning organizations, to create an annual commuter survey for employers to use to determine how their employees commute to and from their work site. The director and the Colorado energy office are required to determine the content of the commuter survey and the form and manner in which the commuter survey will be completed and returned to the department of transportation. Beginning in specified calendar years, in an effort to reduce the number of employees who commute to and from their work site in a single-occupancy vehicle, employers with over 100 employees are required to: Annually conduct a commuter survey of its employees and submit the completed commuter surveys to the department of transportation by April 30 of the year in which the survey was conducted; Offer its employees qualified transportation fringe benefits allowed pursuant to federal law; Offer its employees commuter choice information in electronic or hard copy format and update the information every 6 months; and Offer a cash allowance in lieu of a parking space under certain circumstances. The bill requires that any private sector employer that wishes to claim the tax credit participate in the employer commuter survey and submit the results of the survey to the department by April 30 of the year in which the survey is conducted, even if the employer's participation in the commuter survey is not otherwise required. For the 2023-24 state fiscal year, and for each state fiscal year thereafter through the 2029-30 state fiscal year, of the money allocated to the transportation commission for state multimodal projects from the multimodal transportation and mitigation options fund, the transportation commission is required to allocate $250,000 to each of the transportation management associations and transportation management organizations operating in a nonattainment area for the purposes of assisting employers in creating a clean commuting plan and complying with the requirements of the bill. (Note: This summary applies to this bill as introduced.)
The act repeals the department of revenue's (department) discretionary authority to take administrative action to:Cancel, deny, or deny renewal of a person's driver's license: For unlawful or fraudulent use or conviction of misuse of license, titles, permits, or license plates; Because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation committed when the person was under 18 years of age; or Because the person failed to pay a judgment for using public transportation without paying the fare; and Cancel, deny, or deny renewal of a person's driver's license or identification card because the person failed to register all vehicles owned by the person. The act repeals mandatory administrative actions by the department to revoke a person's driver's license or instruction permit following a first conviction for illegal underage possession or consumption of alcohol or marijuana or attempting to obtain alcohol when underage, and only permits revocation upon a second or subsequent conviction when a person has failed to complete an alcohol evaluation or assessment, education program, or treatment program ordered by the court in connection with the conviction. The revocation can run concurrently with another suspension, revocation, cancellation, or denial.The act repeals mandatory administrative actions by the department to:Revoke a person's driver's license or instruction permit because the person was convicted of, or has received a deferred judgment for, aggravated motor vehicle theft or second degree criminal trespass; Deny issuance or renewal of a person's driver's license because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation committed when the person was under 18 years of age or the person failed to pay a monetary judgment for using public transportation without paying the fare; or Suspend the driver's license of certain persons following conviction for selling, serving, or otherwise providing alcohol to or for an underage person or permitting or failing to prevent an underage person from using the person's identification to unlawfully purchase alcohol. The act prohibits the department from denying to issue, renew, or reinstate a person's driver's license because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation. The person must pay the required fees for issuance or reinstatement of the license.The act imposes a $25 fee to issue or restore a person's license if the person's license was revoked because of a DUI, DUI per se, DWAI, or UDD conviction.The act establishes a study group to examine methods to encourage people who have received a traffic citation and fail to appear in court to contest the citation or to pay any default judgment associated with the citation. The study group must report its findings and recommendations by December 31, 2021.The act makes transfers from the marijuana tax cash fund (cash fund), adds an allowable appropriation from the cash fund, and makes appropriations.(Note: This summary applies to this bill as enacted.)
The act creates the natural disaster mitigation enterprise (enterprise). The enterprise is governed by a board of directors, imposes a fee on insurance companies that offer certain insurance policies or contracts, and uses the fee revenue to finance the natural disaster mitigation grant program and provide local governments technical assistance on natural disaster mitigation. The enterprise awards natural disaster mitigation grants to assist in the implementation of resilience and natural disaster mitigation measures and to assist entities that apply for federal grants that require matching funds and are dedicated to assisting in the implementation of pre-disaster natural disaster mitigation measures.Beginning July 1, 2023, the enterprise collects the fee annually from insurers that offer certain policies or contracts. For an insurer, the fee is equal to $2 multiplied by the number of certain policies or contracts of insurance held by the insurer that cover property or risks in the state. These policies include:Fire; Allied lines; Private crop; Farmers multiple peril; Homeowners multiple peril; and Commercial multiple peril. Insurers may recoup the cost of the fee from their policy holders, but insurers may not raise their premiums based on the fee.The board of directors of the enterprise shall submit a report by July 1 of each year to the committees of reference of the general assembly to which the department of public safety is assigned regarding the grant program. Both the enterprise and the fee are repealed, effective January 1, 2030.(Note: This summary applies to this bill as enacted.)
The act creates the front range passenger rail district (district) for the purpose of planning, designing, developing, financing, constructing, operating, and maintaining an interconnected passenger rail system (system) along the front range. The district is specifically required to work collaboratively with the regional transportation district (RTD) to ensure interconnectivity with any passenger rail system operated by or for the RTD and with Amtrak on interconnectivity with Amtrak's Southwest Chief, California Zephyr, and Winter Park Express trains, including but not limited to rerouting of the Amtrak Southwest Chief passenger train. The district must also coordinate with the department of transportation (CDOT) to ensure that any system is well-integrated into the state's multimodal transportation system and does not impair the efficiency or safety of or otherwise adversely affect existing transportation infrastructure or operations. If deemed appropriate by the board of directors of the district and by the board of directors of RTD, the district may share with RTD capital costs associated with shared use of rail line infrastructure in the northwest rail line corridor for passenger train service.The area that comprises the district extends from Wyoming to New Mexico and includes:The entirety of the city and county of Broomfield and the city and county of Denver; All areas within Adams, Arapahoe, Boulder, Douglas, El Paso, Huerfano, Jefferson, Larimer, Las Animas, Pueblo, and Weld counties that are located within the territory of a metropolitan planning organization (MPO); All areas within Huerfano, Las Animas, and Pueblo counties that are not located within the territory of a MPO and are located within a county precinct that is located wholly or partly within 5 miles of the public right-of-way of interstate highway 25; and All areas within Larimer and Weld counties that are not located within the territory of a MPO and are located within a county precinct that is north of the city of Fort Collins and is located wholly or partly within 5 miles of the public right-of-way of interstate highway 25. The district is governed by a board of directors composed of:10 appointees of transportation planning organizations that have jurisdiction within the territory of the district as follows: 4 appointees appointed by each metropolitan planning organization (MPO) that represents more than 1,500,000 residents in the district; except that any city and county or municipality that has 55% or more of the MPO's territory shall appoint one of the 4 directors that would otherwise be appointed by the MPO; 2 appointees from each metropolitan planning organization (MPO) that represents more than 500,000 but fewer than 1,000,000 residents in the district; except that any city and county or municipality that has 55% or more of the MPO's territory shall appoint one of the 2 directors that would otherwise be appointed by the MPO; One appointee appointed by the Pueblo area council of governments; and One appointee appointed by the south central council of governments. 6 appointees appointed by the governor subject to confirmation by the senate who must collectively have professional experience or expertise in specified areas; One appointee appointed by the executive director of CDOT; One nonvoting representative of RTD; One nonvoting representative appointed by the I-70 mountain corridor coalition, or any successor entity to the coalition; and If the respective governors and chief executive officers choose to make appointments, nonvoting representatives of the BNSF Railway, the Union Pacific Railroad, Amtrak, and communities in Wyoming and New Mexico. In addition to the professional experience or expertise requirements, at least one of the directors appointed by the governor must be a resident of a county, city and county, or municipality through which light or commuter rail was planned as part of RTD's voter-approved Fastracks program. Each director appointed by a transportation planning organization must be or have been a member of the board of directors of the appointing authority and must represent or have represented a member jurisdiction of the appointing authority that is wholly or partly included within the district. The board must be fully appointed by April 1, 2022, with an earlier appointment deadline for some appointees. The board must convene for its initial meeting not later than May 15, 2022. The existing southwest chief and front range passenger rail commission is terminated, effective July 1, 2022, and any remaining commission funds are transferred to the district no later than July 1, 2022.The district is authorized to exercise the powers necessary to plan, design, develop, finance, construct, operate, and maintain the system including but not limited to:The power, subject to the approval of the voters of the district and other specified limitations, to levy a sales and use tax, to exercise specified taxing authority common to special districts within the district, and to issue bonds. Before submitting a ballot question to establish any district tax, the district must publish a proposed services development plan, an operating plan, and a detailed financing plan, certify that it has made every reasonable effort to secure federal funding for the system, and approve the submission of the question by an affirmative vote of two-thirds of all voting directors of the board. The power, subject to the approval of the owners of property within a 2-mile radius of any existing or proposed passenger rail station, to create a station area improvement district with the authority to levy additional sales and use tax, special assessments on real property, or both, to cover the costs of construction, operation, and maintenance of the station; The power to enter into public-private partnerships; and The power to employ its own personnel or contract with public or private entities, or both, for the operation and maintenance of the system. The district must publish and present a comprehensive annual report to the legislative committees with jurisdiction over transportation and each transportation planning organization that appoints directors to the district board. If the district levies a tax, the state auditor must conduct a biennial district-funded audit of the district.(Note: This summary applies to this bill as enacted.)
The act:Adds guardian ad litem and conservator services to the list of medical aid that an employer is required to furnish to an employee who is incapacitated as a result of a work-related injury or occupational disease; Requires an injured worker who is claiming mileage reimbursement for travel related to obtaining compensable medical care to submit a request to the employer or insurer within 120 days after the expense is incurred, and requires the employer or insurer to pay or dispute mileage within 30 days after submittal and to include in the brochure of claimants' rights an explanation of rights to mileage reimbursement and the deadline for filing a request; Clarifies that offsets to disability benefits granted by the federal "Old-Age, Survivors, and Disability Insurance Amendments of 1965" only apply if the payments were not already being received by the employee at the time of the work-related injury; Prohibits the reduction of an employee's temporary total disability, temporary partial disability, or medical benefits based on apportionment under any circumstances; limits apportionment of permanent impairment to specific situations; and declares that the employer or insurer bears the burden of proof, by a preponderance of the evidence, at a hearing regarding apportionment of permanent impairment or permanent total disability benefits; Adds the following conditions that must be met for an employer or insurer to request the selection of an independent medical examiner when an authorized treating physician has not determined that the employee has reached maximum medical improvement (MMI): An examining physician must have examined the employee at least 20 months after the date of the injury, have determined that the employee has reached MMI, and have served a written report to the authorized treating physician specifying that the examining physician has determined that the employee has reached MMI; and the authorized treating physician must have responded that the employee has not reached MMI or must have failed to respond within 15 days after service of the report; Changes the whole person impairment rating applicable to an injured worker from 25% to 19% for purposes of determining the maximum amount of combined temporary disability and permanent partial disability payments an injured worker may receive; Clarifies when benefits and penalties payable to an injured worker are deemed paid; Prohibits an employer or insurer from withdrawing an admission of liability when 2 years or more have passed since the date the admission of liability on the issue of compensability was filed, except in cases of fraud; Prohibits the director of the division of workers' compensation or an administrative law judge from determining issues of compensability or liability unless specific benefits or penalties are awarded or denied at the same time; Clarifies the scope of authority of prehearing administrative law judges; Increases the threshold amount that an injured worker must earn in order for permanent total disability payments to cease and allows for annual adjustment of the threshold amount starting in 2022; and Clarifies the orders that are subject to review or appeal.(Note: This summary applies to this bill as enacted.)
The act expands the existing "Colorado Student Loan Servicers Act", which applies only to persons who service student loans, by adding a new part 2 covering private lenders, creditors, and collection agencies (private education lenders) in connection with those student education loans that are not made, insured, or guaranteed under federal law and that are used for postsecondary education. The act:Requires private education lenders to register with an assistant attorney general; Requires private education lenders to grant a release to cosigners if certain conditions are met, including 12 months of consecutive, on-time payments, and to ensure that cosigners have access to all documentation and records related to the loan they have cosigned; Expands disability discharge requirements so that a borrower or cosigner may be released from repayment obligations if permanently disabled; Prohibits "robo-signing" of documents used in collection lawsuits and requires specific evidence of loan origination and chain of ownership of the debt before a loan creditor or collection agency may commence legal proceedings; Prohibits auto-defaults, in which a loan is declared immediately due and payable upon the death or bankruptcy of a cosigner even when there has been no default in payments; and Provides legal recourse for borrowers who are harmed by predatory acts and practices of a private education lender. A violation of the new part 2 is defined as a deceptive trade practice under the "Colorado Consumer Protection Act".(Note: This summary applies to this bill as enacted.)
The act repeals a moratorium on changing a ratio for valuation for assessment (assessment rate), which is the percentage applied to a property's actual value to determine the taxable amount upon which a mill levy is imposed and classifies agricultural property, lodging property, and renewable energy production property as new subclasses of nonresidential property for purposes of the valuation for assessment. The assessment rate for agricultural property and renewable energy production property is temporarily reduced from 29% to 26.4% for the next 2 property tax years. The law is restructured so that, if an initiated measure to reduce the assessment rate for nonresidential property is approved by voters, then it would only apply to lodging property.Multi-family residential real property is classified as a new subclass of residential real property. The law is restructured so that, if an initiated measure to reduce the residential assessment rate is approved by voters, then it would only apply to multi-family residential real property. If the initiated measure fails or is not on the ballot, then, the assessment rate for multi-family residential real property is temporarily reduced from 7.15% to 6.8% for the next 2 property tax years. The assessment rate for all residential real property other than multi-family residential real property is temporarily reduced from 7.15% to 6.95% for the next 2 property tax years.The property tax deferral program is expanded to allow any person to defer the payment of the portion of real property taxes that exceed the tax-growth cap, which is an amount equal to the average of the person's real property taxes paid for the preceding 2 property tax years for the same homestead, increased by 4%. The minimum amount a taxpayer may defer at one time under this authorization is $100, and the total taxes that a taxpayer may defer is $10,000. The taxpayer is treated like a person called into military service for purposes of surviving-spouse eligibility and the equity the person must have in the homestead to qualify for a deferral.The governor's office, in consultation with the treasurer, is required to commission a study on the property tax deferral program and make recommendations for possible changes to the general assembly by January 1, 2022.Assessors are required to include information about the assessment rates that apply to the various classes of property, which is prepared by the property tax administrator, along with the notices of valuation that are sent in 2022 or make this information available on the assessor's website.Finally, the act makes conforming amendments related to the new classifications or assessment rates.(Note: This summary applies to this bill as enacted.)