Under current law, a school district, board of cooperative services, district charter school, or institute charter school (local education provider) must notify students and their parents of opportunities for concurrent enrollment in postsecondary courses. The bill requires the notice to include information regarding the local education provider's timelines that affect student eligibility to take these courses and a statement informing students that they may significantly reduce college expenses, increase the likelihood of completing college, and earn marketable workforce skills by taking concurrent enrollment courses. Prior to the beginning of the enrollment period for postsecondary concurrent enrollment courses, the local education provider shall provide students and their parents with written notice of postsecondary courses offered at the local education provider's facility and the cost of those courses, as well as notice regarding postsecondary courses offered at the postsecondary institution's facility and the cost of those courses. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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If an institution of higher education admits as a junior a transfer student who holds an associate of arts degree, associate of applied science degree, or an associate of science degree that is the subject of a statewide degree transfer agreement, the institution shall not require the student to complete any additional courses to fulfill general education requirements. The institution may require the student to complete additional courses for the major that are not part of the statewide transfer agreement if doing so does not require the student to take more total credit hours or total time to receive the degree than students who started the degree program at the institution. If the institution requires the student to complete additional courses for the baccalaureate degree other than those authorized in the bill, the institution is responsible for the total cost of tuition for any required credit hours that exceed the total credit hours required for students who started the degree program at the institution or that extend the total time to complete the degree. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill addresses the situation in which appraisers and, if necessary, an umpire selected by the appraisers or by a court attempt to agree on the fair value of property covered by a property and casualty insurance policy. Specifically, the bill: Disqualifies any person from serving as an appraiser or umpire if the person has a known, direct, and material interest in the outcome of the appraisal proceeding or a known, direct, and substantial relationship with a party to the proceeding; Requires appraisers and umpires to disclose any prior relationships or interests that might affect their objectivity; and Prohibits ex parte communications by or with an umpire.(Note: This summary applies to this bill as introduced.) , Read More
The bill requires the state auditor, in consultation with the commissioner of education (commissioner), to establish a process for the systematic review by the state auditor of education programs enacted by the legislature and implemented over a number of years (program review) and to determine a schedule of program reviews. The state auditor shall present the program review process and annual schedule of education programs to be reviewed to the state board of education. The bill includes criteria that the state auditor, in consultation with the commissioner, shall consider in developing the program review process. Once designed, the state auditor shall conduct program reviews, considering review criteria specified in the bill. The state auditor shall submit its report to the education committees of the general assembly and shall present a program review, if requested. The program review shall be posted on the office of the state auditor's website and the department of education's website. The state auditor is authorized to request information and data relating to the program review from local education providers. (Note: This summary applies to this bill as introduced.) , Read More
Current law allows a service retiree of any division of the public employees' retirement association (PERA) to work for a PERA employer for limited periods and to receive a salary without reduction in benefits under certain circumstances. Several rural school districts in the state have recently experienced a shortage of teachers, school bus drivers, and school food services cooks and would ideally address the shortages by hiring service retirees. PERA's employment after retirement provisions, including the limitation on the number of days in a calendar year that a service retiree may work for a PERA employer without a reduction in benefits, make it difficult for school districts to fill their vacancies with retired teachers, school bus drivers, and school food services cooks. The bill modifies the current PERA employment after retirement provisions for certain retirees hired by an employer in the school division if: The employer that hires the service retiree is a rural school district as determined by the department of education based on certain criteria and the school district enrolls 6,500 students or fewer in kindergarten through 12th grade; The school district hires the service retiree for the purpose of providing classroom instruction or school bus transportation to students enrolled by the district or for the purpose of being a school food services cook; and The school district determines that there is a critical shortage of qualified teachers, school bus drivers, or school food services cooks, as applicable, and that the service retiree has specific experience, skills, or qualifications that would benefit the district. A service retiree who is a teacher, a school bus driver, or a school food services cook and who is hired by an employer in the school division that satisfies the criteria above may receive salary without a reduction in benefits for any length of employment in a calendar year if the service retiree has not worked for any PERA employer during the month of the effective date of retirement. In addition, the bill requires the employer that hires the service retiree to provide full payment of all PERA employer contributions, disbursements, and working retiree contributions. The bill also specifies that a service retiree who is a teacher, school bus driver, or food services cook and who is hired by an employer in the school division: Is not required to resume PERA membership; Will not receive a PERA health care premium subsidy; Is eligible to participate in the health plan offered by the employer; May not receive salary without reduction in benefits and without limitation in a calendar year for more than 6 consecutive years; and May not be employed by the school district from which he or she retired until 2 years after retirement if he or she retired without a full service retirement benefit. By December 1, 2020, PERA is required to submit a report including specified information to the general assembly regarding the additional employment after retirement provisions for teachers, school bus drivers, and food services cooks. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law allows water to be stored only at a location that has been specifically identified in a decree. The bill allows a water right for which the historical consumptive use was previously quantified to be stored in any reservoir, without the necessity of adjudicating an additional change of water right, if: The water will be diverted from a point of diversion that has already been decreed for that water right and the alternate place of storage is located on the same ditch or reservoir system; Previous notice is given to the division engineer; Transit and ditch losses are assessed from the decreed point of diversion to the alternate place of storage; The division engineer approves the proposed accounting of the storage; and The water was not imported from another water division.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill adds the definitions 'psychologically traumatic event' and 'serious bodily injury' to the workers' compensation statutes for the purposes of clarifying a worker's right to compensation for any claim of mental impairment.(Note: This summary applies to this bill as introduced.)
Section 1 of the bill changes the name of the Emily Maureen Ellen Keyes organ and tissue donation awareness fund to the Emily Keyes - John W. Buckner organ and tissue donation awareness fund (fund). The bill clarifies that designation as an organ and tissue donor (donor) by an applicant for a driver's license, instruction permit, or license renewal remains in effect until revoked by the applicant. Section 1 also removes the repeal date of the fund and adds a requirement that the recipient of money from the fund (Donor Alliance, Inc.) must file an annual report with the department of revenue detailing the amounts and uses of all funds received. The report must be presented by the department of revenue at the hearing required by the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act. Section 2 of the bill continues the option that allows applicants for a driver's license, instruction permit, or license renewal to donate to the fund and, if not already a donor, to volunteer to become a donor. Section 3 of the bill provides for an appropriation from the fund to the department of revenue for costs necessary to implement the act.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 16 of the bill repeals the existing hospital provider fee program, effective July 1, 2017, and section 17 creates a new Colorado healthcare affordability and sustainability enterprise (CHASE) within the department of health care policy and financing (HCPF), effective July 1, 2017, to charge and collect a healthcare affordability and sustainability fee that functions similarly to the repealed hospital provider fee. Because CHASE is an enterprise for purposes of the Taxpayer's Bill of Rights (TABOR), its revenue does not count against the state fiscal year spending limit (Referendum C cap). Section 17 of the bill also requires CHASE to seek any federal waiver necessary to fund and, in cooperation with HCPF and hospitals, support the implementation, no earlier than October 1, 2019, of a health care delivery system reform incentive payments program. Sections 2, 3, 6, 7, 11, 13, 15 through 20, 22, and 32 make conforming amendments, with section 32 extensively modifying FY 2017-18 appropriations to reflect the repeal of the hospital provider fee program and the creation of CHASE. Section 34 specifies that the effective date of sections 2, 3, 6, 7, 11, 13, 15 through 20, 22, and 32 of the bill is July 1, 2017, and that those sections do not take effect if the centers for medicare and medicaid services determine that they do not comply with federal law. Section 11 of the bill permanently reduces the Referendum C cap by reducing the FY 2017-18 cap by $200 million and specifying that the base amount for calculating the cap for all future state fiscal years is the reduced FY 2017-18 cap. As is the case under current law, the reduced cap is annually adjusted for inflation, the percentage change in state population, the qualification or disqualification of enterprises, and debt service changes. Section 24 of the bill specifies that for any state fiscal year commencing on or after July 1, 2017, for which revenue in excess of the reduced Referendum C cap is required to be refunded in accordance with TABOR, reimbursement for the property tax exemptions for qualifying seniors and disabled veterans that is paid by the state to local governments for the property tax year that commenced during the state fiscal year is a refund of such excess state revenue. The exemptions continue to be allowed at current levels and the state continues to reimburse local governments for local property tax revenue lost as a result of the exemptions regardless of whether or not there are excess state revenues. Section 27 prioritizes the new TABOR refund mechanism ahead of the existing temporary state income tax rate reduction refund mechanism as the first mechanism used to refund excess state revenue. Section 12 of the bill requires the state, on or after July 1, 2018, to execute lease-purchase agreements, including associated certificates of participation (COPs), for up to $2 billion of eligible facilities identified collaboratively by the state architect, the office of state planning and budgeting (OSPB), and state institutions of higher education for the purpose of generating funding for capital construction projects and transportation projects. The lease-purchase agreements must be issued in increments of up to $500 million in FYs 2018-19, 2019-20, 2020-21, and 2021-22. The first $120 million of lease-purchase agreement proceeds from the FY 2018-19 issuance must be used to fund capital construction projects with most of that amount being dedicated for funding of level I, II, and III controlled maintenance projects. The first $120 million of lease-purchase agreement proceeds from the FY 2019-20 issuance must be used for capital construction projects as prioritized by the capital development committee. Remaining proceeds are credited to the state highway fund and are required by section 31 to be expended to fund state strategic transportation project investment program projects that are designated for tier 1 funding as 10-year development program projects on the department's development program project list, with at least 25% of such proceeds being expended to fund projects that are located in rural counties. At least 10% of such proceeds must be expended for transit purposes or for transit-related capital improvements. The maximum term of the lease-purchase agreements is 20 years, and the maximum total annual repayment amount for lease-purchase agreements is $150 million. Lease-purchase agreements must be paid, subject to annual appropriation by the general assembly or annual allocation by the transportation commission, first from up to $9 million from the general fund or any other legally available source of money, next from up to $50 million of legally available money under the control of the transportation commission solely for the purpose of allowing the construction, supervision, and maintenance of state highways to be funded with the proceeds of lease-purchase agreements, and last from up to $85 million from the general fund or any other legally available source of money. Sections 5 and 8 of the bill specify that an academic facility is not eligible for controlled maintenance funding if it is acquired or constructed, or, if it is an auxiliary facility repurposed for use as an academic facility, solely from a state institution of higher education's cash and operated and maintained from such cash funds and if the acceptance of construction or repurposing occurs on or after July 1, 2018. Section 29 of the bill, in accordance with previously granted voter approval, increases the rate of the retail marijuana sales tax, which is currently 10% and is scheduled under current law to decrease to 8%, to 15%, effective July 1, 2017. Section 30 holds local governments that currently receive an allocation of 15% of state retail marijuana sales tax revenue based on the current tax rate of 10% (i.e. the amount attributable to a 1.5% tax rate) harmless by specifying that on and after July 1, 2017, they receive an allocation of 10% of state retail marijuana sales tax revenue based on the new rate of 15% (i.e., the same amount attributable to a 1.5% tax rate). Of the 90% of the state retail marijuana sales tax revenue that the state retains for state FY 2017-18: 28.15% less $30 million stays in the general fund; 71.85% is credited to the marijuana tax cash fund; and $30 million is credited to the state public school fund and distributed to rural school districts as specified in section 4. Of the 90% of the state retail marijuana sales tax revenue that the state retains for state fiscal year 2018-19 and for each succeeding state fiscal year: 15.56% stays in the general fund; 71.85% is credited to the marijuana tax cash fund; and 12.59% is credited to the state public school fund and distributed to all school districts as specified in section 4. Section 4 of the bill requires the $30 million of state retail marijuana sales tax revenue that is transferred to the state public school fund for FY 2017-18 to be appropriated to the department of education and allocated 55% to large rural school districts and 45% to small rural school districts and then distributed to the large and small rural school districts on a per pupil basis. Section 4 requires all of the state retail marijuana sales tax revenue that is transferred to the state public school fund for FY 2018-19 and for each subsequent fiscal year to be distributed to all school districts and institute charter schools as part of the state share of total program funding. On and after July 1, 2017, section 28 offsets a portion of the state retail marijuana sales tax rate increase by exempting retail sales of marijuana upon which the state retail marijuana sales tax is imposed from the 2.9% general state sales tax and section 23 makes a conforming amendment to ensure that local governments can continue to impose their local general sales taxes on retail sales of marijuana. Section 9 of the bill requires each principal department of state government, other than the departments of education and transportation, that submits an annual budget request to the OSPB, when submitting its budget request for FY 2018-19 to the OSPB, to request a total budget for the department that is at least 2% lower than its actual budget for the FY 2017-18. The OSPB must strongly consider the budget reduction proposals made by each principal department when preparing the annual executive budget proposals to the general assembly for the governor and must seek to ensure that the executive budget proposal for each department for FY 2018-19 is at least 2% lower than the department's actual budget for FY 2017-18. Section 10 of the bill eliminates FY 2018-19 and FY 2019-20 general fund transfers to the highway user tax fund required by current law. The eliminated transfers are in the amounts of $160 million on June 30, 2019, and $160 million on June 30, 2020. Section 14 of the bill specifies that on and after January 1, 2018, for pharmacy and for hospital outpatient services, including urgent care centers and facilities and emergency services provided under the 'Colorado Medical Assistance Act', HCPF rules that specify the amount of copayments for such services must require the recipient to pay: For pharmacy, at least double the average amount paid by recipients in state fiscal year 2015-16; or For hospital outpatient services, at least double the amount required to be paid as specified in the rules as of January 1, 2017; except that For both pharmacy and hospital outpatient services, the amount required to be paid by the recipient may not exceed any specified maximum dollar amount allowed by federal law or regulations as of January 1, 2017. Section 21 of the bill requires HCPF, within 120 days of the enactment of the federal 'Advancing Care for Exceptional Kids Act' (ACE Kids Act) and subject to available appropriations, to seek any federal approval necessary to fund, in cooperation with hospitals that meet the specified requirements, the implementation of an enhanced pediatric health home for children with complex medical conditions. HCPF must comply with ACE Kids Act requirements for its participation. Section 25 of the bill terminates an existing temporary income tax credit for business personal property taxes paid that is available only for income tax years commencing before January 1, 2020, one year early so that it is available only for income tax years commencing before January 1, 2019. Section 26 replaces the terminated temporary credit with a more generous permanent income tax credit for business personal property taxes paid on up to $18,000 of the total actual value of a taxpayer's business personal property. Section 1 of the bill makes a legislative declaration that all provisions of Senate Bill 17-267 relate to and serve and are necessarily and properly connected to the General Assembly's purpose of ensuring and perpetuating the sustainability of rural Colorado.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently and until September 1, 2018, a distributor can claim a credit for taxes paid on tobacco products that are shipped or transported by the distributor to a consumer outside of the state. The bill makes the credit permanent. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)