Sen. Tim Neville

Current law requires the department of revenue to meet certain deadlines in sending out income tax refunds: 14 days for returns filed in January; 21 days for returns filed in February; 28 days for returns filed in March; and 45 days for returns filed in April. If these statutory deadlines are not met, a penalty and interest is added as specified in statute. Current law also identifies certain exceptions to these requirements. The bill specifies that if the department of revenue makes a determination, in good faith, that there is a suspicion of identity theft or other refund-related fraud, then the deadlines do not apply. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under the existing tuition assistance program for students enrolled in career and technical education certificate programs (certificate programs), students enrolled in certificate programs may qualify for tuition assistance if they meet the income eligibility requirements for the federal Pell grant program but the certificate program does not meet the Pell grant minimum credit hour requirements. Under the bill, the tuition assistance program is available to students who are enrolled in certificate programs that do not meet the minimum credit hour requirements for the federal Pell grant program and who meet an income eligibility standard set by the Colorado commission on higher education. The bill clarifies that tuition assistance means money a student may use to pay for tuition, fees, and course materials. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Currently, the Colorado school of mines (institution) must use its state fee-for-service contract money to provide merit- and need-based scholarships and graduate support funding to reduce tuition for in-state students. In addition to tuition supports, the bill allows the institution to use state fee-for-service contract money to fund services and programs described in the bill, including but not limited to counseling, academic support, student recruiting, and precollegiate programs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill prohibits an employer from requiring any person, as a condition of employment, to become or remain a member of a labor organization or to pay dues, fees, or other assessments to a labor organization or to a charity organization or other third party in lieu of the labor organization. Any agreement that violates these prohibitions or the rights of an employee is void. The bill creates civil and criminal penalties for violations and authorizes the attorney general and the district attorney in each judicial district to investigate alleged violations and take action against a person believed to be in violation. The bill states that all-union agreements are unfair labor practices. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill extends the amount of time that elections officials may review candidate petitions by making a concomitant reduction in the amount of time that candidates may circulate such petitions. The bill also increases the number of signers needed to qualify petitions for candidates for certain partisan public offices. (Note: This summary applies to this bill as introduced.)

The bill enacts the 'Regulatory Relief Act of 2017'. The bill includes a legislative declaration about the importance of small businesses to the Colorado economy and acknowledges the difficulty these types of businesses have in complying with state rules that are not known or understood by these businesses. The bill requires a state agency (agency) to give a small business (which is defined in the 'State Administrative Procedure Act' as a business with fewer than 500 employees) a period of time to cure a first-time minor violation of a rule instead of enforcing the rule by imposing a fine. When an agency determines that a small business has committed a minor violation of a rule, instead of imposing a fine, the agency is required to notify the small business in writing of the violation, including the steps to cure the violation, and give the small business 30 business days to cure the violation. Upon a showing of good cause, the business owner may request additional time to cure the violation. If the small business owner fails to cure the minor violation within the stated time period, the agency may impose the fine on the small business. This 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 includes operational or administrative matters, such as record keeping, retention of data, or filing of reports, and that is enforced by a fine; except that 'minor violation' does not include any matter that places the safety of the public, employees, or others at risk. The bill provides exceptions from the definition of 'minor violation' for certain types of rules or violations and includes an exception for rules adopted by the secretary of state relating to the regulation of lobbyists. Under current law, agencies are required to convene stakeholder groups to give input about proposed rules. The bill amends the stakeholder provision to direct agencies to make diligent attempts to notify and solicit input from representatives of small businesses about proposed rule-making, if the agency's proposed rule-making has a potential negative impact on small businesses. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Each employer in the public employees' retirement association (PERA) contributes a percentage of its total employer payroll to PERA in the form of an employer contribution, an amortization equalization disbursement (AED), and a supplemental amortization equalization disbursement (SAED). A portion of the employer contribution goes to the health care trust fund and the remainder is deposited into the pension trust fund for each division of PERA to pay benefits. The AED and the SAED are to reduce PERA's unfunded liability and amortization period. The bill requires that for the calendar year beginning January 1, 2018, and for each calendar year thereafter, the total of the employer contribution, the AED, and the SAED for any employer will not exceed the total contribution rates for the 2018 calendar year pursuant to current law. The rates are as follows: For the state division, 20.15% of an employer's total payroll; except that, for state troopers, the total is 22.85% of an employer's total payroll; For the school division, 20.15% of an employer's total payroll; For the Denver public schools division, 20.15% of an employer's total payroll; For the local government division, 13.70% of an employer's total payroll; and For the judicial division, 17.36% of an employer's total payroll.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law, a retail liquor store licensee that was licensed on or before January 1, 2016, and is a Colorado resident is permitted to obtain one additional retail liquor store license on or after January 1, 2017; 2 additional retail liquor store licenses on or after January 1, 2022; and 3 additional retail liquor store licenses on or after January 1, 2027. With regard to additional retail liquor store licenses, the premises cannot be located within 1,500 feet of any other licensed retail liquor store in the same licensing jurisdiction or, if within a municipality with a population of not more than 10,000 people, the premises cannot be located within 3,000 feet of any other licensed retail liquor store in the same licensing jurisdiction. The bill retains the ability for a retail liquor store licensee that is a Colorado resident to obtain one additional retail liquor store license through July 1, 2017, if the new premises satisfies the distance requirements, and starting July 1, 2017, retains the distance requirements and replaces the current time periods and additional license provisions with a structure that mirrors the tiered structure for liquor-licensed drugstores to obtain additional licenses, as follows: For a retail liquor store licensee licensed as of January 1, 2017, that has been a Colorado resident for at least 2 years, in order to obtain an additional retail liquor store license on or after July 1, 2017, the applicant must apply to transfer ownership of 2 licensed retail liquor store licenses within the same local licensing jurisdiction as the premises for which a new license is sought and merge the 2 licenses into a single retail liquor store license; A retail liquor store that qualifies for additional retail liquor store licenses is eligible to obtain: 4 additional licenses, for a total of 5 retail liquor store licenses, on or after July 1, 2017; 7 additional licenses, for a total of 8 retail liquor store licenses, on or after January 1, 2022; 12 additional licenses, for a total of 13 retail liquor store licenses, on or after January 1, 2027; 19 additional licenses, for a total of 20 retail liquor store licenses, on or after January 1, 2032; and an unlimited number of additional retail liquor store licenses, on or after January 1, 2037. A retail liquor store is prohibited from allowing customers to use a self-checkout to complete an alcohol beverage purchase. A retail liquor store is required to: Verify the age of a customer attempting to purchase an alcohol beverage by examining the customer's valid identification; and Maintain certification as a responsible alcohol beverage vendor. An employee of a retail liquor store who is under 21 years of age cannot deliver or otherwise have contact with alcohol beverages offered for sale on, or sold and removed from, the licensed premises. (Note: This summary applies to this bill as introduced.)

The bill specifies that a local government that bans hydraulic fracturing of an oil and gas well is liable to the mineral interest owner for the value of the mineral interest and that a local government that enacts a moratorium on oil and gas activities shall compensate oil and gas operators, mineral lessees, and royalty owners for all costs, damages, and losses of fair market value associated with the moratorium. (Note: This summary applies to this bill as introduced.)

A business improvement district (district) is a type of special district created within a municipality to fund certain types of improvements that will, among other things, promote the continued vitality of existing business areas within the municipality. The law currently allows a municipality to include areas in a district that do not have any existing businesses. The bill requires these areas to have existing businesses. (Note: This summary applies to this bill as introduced.)