The American Red Cross Colorado disaster response, readiness, and preparedness fund voluntary contribution is currently scheduled to appear on the state income tax return form for income tax years beginning on or after January 1, 2015, but prior to January 1, 2020. The bill extends by 5 years the period during which the voluntary contribution will appear on the form. The fund will continue to appear on the form unless the fund does not receive the minimum contribution required by statute in a certain tax year. (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.)
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Under current law, the Colorado water conservation board (board), subject to procedural requirements established to prevent injury to water rights and decreed conditional water rights, may use loaned water for instream flows if the loaned water is used for preserving the natural environment of a stream reach that is subject to a decreed instream flow water right held by the board. The act expands the number of years within a 10-year period that a renewable loan may be exercised from 3 years to 5 years, but for no more than 3 consecutive years, and allows a loan to be renewed for up to 2 additional 10-year periods. The act limits the duration that an expedited loan may be exercised for up to one year, and prohibits an applicant from seeking additional expedited loans regarding a water right following an approved expedited loan of that water right. The act also expands the board's ability to use loaned water for instream flows to improve the natural environment to a reasonable degree pursuant to a decreed instream flow water right held by the board. In considering whether to accept a proposed loan, the board must evaluate the proposed loan based on biological and scientific evidence presented, including a biological analysis performed by the division of parks and wildlife. The state engineer will review a proposed loan and must consider any comments filed by parties notified of the application in determining whether the loaned water will not cause injury to other vested or conditionally decreed water rights, decreed exchanges of water, or undecreed existing exchanges of water that were administratively approved before the date that the loan application was filed. The filing fee is increased from $100 to $300. The board is required to promulgate rules regarding the necessary steps for reviewing and accepting a loan for instream flow use to improve the natural environment to a reasonable degree. The state engineer's decision to approve or deny a proposed loan may be appealed to a water judge, who is required to hear and determine the matter on an expedited basis using the procedures and standards established for matters rereferred to the water judge by a water referee. (Note: This summary applies to this bill as enacted.)
Current law includes ambiguities regarding the existence and powers of the Moffat County Affiliated Junior College District (MCAJCD) and the Rangely Junior College District (RJCD). The statutes do not allow the ownership or transfer of certain real estate held by the MCAJCD and the RJCD. Prior statutes that granted the MCAJCD and the RJCD broad authority, including the authority to own and convey real estate, were inadvertently repealed in 2009. The act allows the MCAJCD to hold and sell its current real estate holdings, provided: The sale is for fair market value as determined by an independent appraiser; and The proceeds are used for the benefit of the Colorado Northwestern Community College (CNCC). The act authorizes the transfer of the Rangely and Craig campuses of CNCC to the state board for community colleges and occupational education consistent with the original plan and statutory authority of the RJCD and the MCAJCD prior to the inadvertent repeal of statutes. (Note: This summary applies to this bill as enacted.)
The act modifies various provisions relating to the enforcement of parks and wildlife statutes as follows: Clarifies that any person, not just a hunter, may be prosecuted for violations of parks and wildlife statutes; Amends the definition of "take" to clarify that the term includes the killing of wildlife with certain exceptions; States that licenses issued by the division of parks and wildlife (division) are not subject to the "Secure and Verifiable Identity Document Act"; Specifies the default penalties that apply to a person who is convicted of a violation of a parks and wildlife statute or rule promulgated under those statutes that does not list a specific penalty; Extends the period of time within which an alleged offender may pay fines and surcharges identified in a penalty assessment notice issued to the alleged offender from 15 days to 20 days and authorizes personal service or service by certified mail of a summons and complaint or a penalty assessment notice; Authorizes the parks and wildlife commission or a hearing officer to suspend a person's license issued by the division for a failure to comply with an official notice of an alleged violation of the parks and wildlife statutes. The suspension is lifted once the person furnishes or causes to be furnished to the division satisfactory evidence of compliance with the official notice of an alleged violation. Makes the imposition of additional penalties regarding the unlawful taking of trophy animals permissive instead of mandatory; For the purposes of hunting in a careless manner, amends the definition of "careless" and authorizes a lesser fine for a person who hunts in a careless manner while hunting with a big game license for a type of animal different than the type of animal killed and who immediately field dresses the killed animal and reports the killing to the division; Amends the definition of "vessel" to include all types of stand-up paddleboards and excludes from the definition of "river outfitter" a person whose only service is providing instruction in stand-up paddleboarding; Authorizes a person to possess a loaded pistol or revolver while snowmobiling and clarifies that the division may authorize certain conduct while operating a snowmobile that is otherwise unlawful; and Prohibits a river outfitter, guide, trip leader, or guide instructor from allowing another person to operate a vessel without due regard for river conditions or other attending circumstances or in a manner that endangers any person, property, or wildlife. A person who violates the prohibition commits a class 3 misdemeanor.(Note: This summary applies to this bill as enacted.)
The bill prohibits each state agency or instrumentality from approving or assisting any project that diverts water from water division 3, which consists of the Rio Grande river basin, for export to another basin in Colorado or export to any portion of another state unless the state engineer determines, after due consideration of all findings provided by the Colorado water conservation board, that the project will not: Increase the costs or negatively affect operation of the federal closed basin project; Adversely affect the purposes of any national wildlife refuge or federal wildlife habitat area withdrawal located in water division 3; Adversely affect the purposes of the Great Sand Dunes national park and Great Sand Dunes national preserve; or Increase the costs or negatively affect operation of any state parks, state wildlife areas, or lands administered by the state board of land commissioners located in water division 3.(Note: This summary applies to this bill as introduced.)
The bill changes the dollar threshold for economic nexus for purposes of retail sales made by retailers without physical presence in the state from $100,000 to $200,000. Current law temporarily allows small retailers with physical presence in the state that have retail sales of $100,000 or less to source sales to the business' location regardless of where the purchaser receives the tangible personal property or service, thus providing an exception to the sales tax sourcing rule. The bill changes this threshold to $200,000 or less in retail sales and makes the exception permanent.(Note: This summary applies to this bill as introduced.)
Behavioral health entities - single license - advisory committee timelines - appropriation. Currently, certain entities that provide behavioral health services must hold various licenses issued by the department of public health and environment (CDPHE) or the department of human services (DHS). The act combines the various licenses into a single license as a behavioral health entity (BHE) and authorizes the state board of health to promulgate rules for the new license. To accomplish the transition, the act establishes a behavioral health entity implementation and advisory committee consisting of executive directors of certain state departments, or the director's designee, and representatives from various stakeholder groups. The act requires a BHE that was previously licensed by CDPHE to obtain a BHE license by July 1, 2022. It requires a BHE that was previously licensed or approved by DHS to obtain a BHE license by July 1, 2024. The act makes conforming amendments, some of which have later effective dates. For the 2019-20 state fiscal year, the act appropriates $51,472 from the general fund to the department of public health and environment to implement the new license. (Note: This summary applies to this bill as enacted.) Read More
Unclaimed property trust fund - transfer - general fund. On July 1, 2019, the act requires the state treasurer to transfer $30 million from the unclaimed property trust fund to the general fund. The amount transferred constitutes fiscal year spending subject to the state fiscal year spending limit.(Note: This summary applies to this bill as enacted.) Read More
Transfer of money from unclaimed property trust fund to housing development grant fund - expansion of permitted uses of money in housing development grant fund. Assuming certain conditions are satisfied affecting the state's fiscal situation, the act requires the state treasurer to transfer $30 million commencing with the 2020-21 state fiscal year and through and including the 2022-23 state fiscal year from the unclaimed property trust fund to the division of housing in the department of local affairs (division) to be deposited by the division into the housing development grant fund (housing fund) to finance the uses described in the statute. For each state fiscal year that a transfer is not made, the act specifies that the last year in which a transfer may be made is extended for an additional state fiscal year. The act prohibits any transfer permitted from being made in more than 3 total state fiscal years. The act makes updates that are technical in nature to statutory provisions governing the division. In addition to the other sources of money to be deposited into the housing fund, the act specifies that the housing fund also consists of money transferred by the state treasurer from the unclaimed property trust fund to the division to be deposited into the housing fund to supplement existing money in such fund to be expended for any of the purposes specified in the act. The act also expands the permitted uses of money in the housing fund. Subject to the limitation on the percentage of money appropriated from the housing fund that may be expended for the administrative costs of the division in administering the housing fund, the act authorizes the division to expend money from the housing fund to hire and employ individuals in order to fulfill its purposes. (Note: This summary applies to this bill as enacted.) Read More
Current law requires counties to give an indigent deceased person final disposition. The county may be reimbursed for this cost so long as the cost does not exceed $2,500, but if the cost exceeds $2,500, the county is not reimbursed. The bill: Raises this amount to $3,000; and Allows the county to be reimbursed, up to $3,000, when the cost exceeds $3,000.(Note: This summary applies to this bill as introduced.) Read More