Sen. Kyle Mullica

The bill defines a short-term rental unit as a building that is designed for use predominantly as a place of residency by a person, a family, or families, is leased or available to be leased for short-term stays, and includes the land upon which the building is located. A commercial short-term rental unit is defined as a short-term rental unit that is not the owner's primary or secondary residence. A commercial short-term rental unit is classified as lodging property, which is a subclass of nonresidential property for purposes of valuation for assessment. A short-term rental unit that is the owner's primary or secondary residence will continue to be classified as residential property. On or before November 15, 2024, and on or before November 15 of each year thereafter, an owner of a short-term rental unit shall submit to the assessor of the county in which the property is located an affidavit signed by the owner, under the penalty of perjury in the second degree, identifying whether the property will continue to be used as a short-term rental unit in the following property tax year commencing on January 1, and if so, whether it will be the owner's primary or secondary residence. Absent contrary information, the assessor shall use the information in the affidavit to determine whether the property is a commercial short-term rental unit. If a commercial short-term rental unit is sold, the new owner shall submit an affidavit to the county assessor if the property will no longer be a commercial short-term rental unit for the classification of the property to change for the subsequent property tax year. (Note: This summary applies to this bill as introduced.)

For ground ambulance services, the bill: Allows a political subdivision, or an ambulance service providing ambulance services on behalf of the political subdivision, to submit to the division of insurance the established rates for the ambulance services; Establishes reimbursement rates for ambulance services that are out-of-network; and Prohibits an out-of-network ambulance service from billing a covered person any outstanding balance for a covered service not paid for by a carrier, except for any coinsurance, deductible, or copayment amount required to be paid by the covered person.(Note: This summary applies to this bill as introduced.)

The bill allows a board of county commissioners to adopt an ordinance or resolution to: Regulate the distribution of cigarettes, tobacco products, or nicotine products; and Prohibit the distribution or retail sale of cigarettes, tobacco products, or nicotine products, including prohibiting the sale of any or all flavored cigarettes, flavored tobacco products, or flavored nicotine products. (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.)

The act creates the commission on property tax (commission) to study and report to the general assembly and the governor its recommendations for a permanent and sustainable property tax structure for the state. The commission consists of 19 members, including: 4 members of the general assembly; The property tax administrator; A mayor or elected city council person; A current or former county assessor; The executive director of the Special District Association of Colorado; A chief financial officer of a school district; A representative of a statewide organization with expertise in school funding policy or that represents Colorado educators; A representative of an organization that represents Colorado commercial or residential property owners; A fire chief; A representative of an organization with expertise in advocating for low-income individuals, seniors, individuals with fixed incomes, or residential tenants; The executive director of a statewide or regional business organization; and 5 county commissioners representing the front range, mountain, eastern, southern, and western regions of the state, respectively. The act directs the commission to meet at least twice a month beginning the week of December 18, 2023, through the week of March 15, 2024; except that, only one meeting is required in December of 2023. The commission may meet more often at the discretion of the chair and may establish special purpose subcommittees with nonvoting members to evaluate and consider property tax issues as the commission deems necessary to fulfill its goals. The commission is required to contract with a neutral facilitator with experience in tax policy to guide the work of the commission and to assist in drafting the commission's report due to the general assembly and the governor no later than March 15, 2024. The commission must identify, consider, and evaluate legislative options for a property tax structure that protects property owners from rising tax bills and is sustainable for local governments and public schools. For each option, the commission must consider the following factors: Local control; Impact to property owners and local taxing jurisdictions in different areas of the state; Impact to residential and nonresidential real property; Impact to school finance and the budget stabilization factor; Long-term impact to property owners and local taxing jurisdictions under different property value growth scenarios; Impact to housing affordability, including for residential tenants; Impacts to residential tenants, incentives for development, and the potential for lower property taxes for residences as a result of changing to a land value tax system; Impacts to the ability of counties to provide statutorily mandated and voter-approved services to Colorado residents; and Disproportionate impacts of the rising tax bills on people with lower incomes, especially people with fixed incomes, in providing fair and equitable property tax relief. The commission's report must include recommendations, supported by ten or more members, for both short-term and long-term legislative changes that will further the creation of a permanent and sustainable property tax structure for the state. The commission shall, as it deems appropriate, include in the report an evaluation of proposed initiatives concerning property tax for the 2024 general election that address the factors for consideration listed above. If such a proposed initiative is timely submitted to the directors of the legislative council and the office of legislative legal services after the commission has submitted its report, the commission shall reconvene to consider the effect of the proposed initiative if it were to be approved by the voters and, if deemed appropriate by the commission, supplement the report with additional information about the proposed initiative. After submitting its report, including any supplement deemed appropriate by the commission, a majority of the members of the commission may vote to extend the work of the commission past March 15, 2024, or to terminate the work of the commission at any time. If the commission votes to extend its work, the commission shall report to the general assembly and the governor, in accordance with the same reporting requirements applicable to its March 15, 2024, report, no later than December 31, 2024, on which date the commission is repealed. The act appropriates $80,271 to the legislative department to implement the act. APPROVED by Governor November 28, 2023 EFFECTIVE November 28, 2023(Note: This summary applies to this bill as enacted.)

$87,910 is appropriated from the general fund to the department of the treasury for the 2023-24 state fiscal year to support the administration of property tax deferrals for the 2023 property tax year as part of the property tax deferral program. APPROVED by Governor November 20, 2023 EFFECTIVE November 20, 2023(Note: This summary applies to this bill as enacted.)

To help serve persons with behavioral health needs who are enrolled in medicaid, the act requires managed care entities (MCE) to enter into single case agreements with willing providers of behavioral health services enrolled in the medical assistance program when network development and access standards are not met and a member needs access to a medically necessary behavioral health service. The act sets forth the requirements for single case agreements created by an MCE. APPROVED by Governor June 7, 2023 EFFECTIVE June 7, 2023 (Note: This summary applies to this bill as enacted.)

The act creates a state income tax credit for income tax years commencing on or after January 1, 2024, but before January 1, 2027, for employers who make a monetary contribution to an employee for use by the employee in purchasing a primary residence. The amount of the credit allowed is 5% of an employer's contribution to an employee, but the credit is capped at $5,000 per employee per year and an employer cannot receive a credit of more than $500,000 for all contributions made in a year to employees. The employee must use the money contributed for eligible expenses which include a down payment and closing costs, including fees for appraisals, mortgage origination, and inspections. An employee may authorize their employer to withhold a specified amount of the employee's earnings as an employee contribution into the savings account established by the employer that holds the employer contribution. If an employee ends their employment with the employer or if the employee intends to use the employee contribution in a manner that is not consistent with an eligible expense, the employee forfeits any unexpended amount of the employer contribution and the amount of the credit allowed to the employer for the employer contribution is subject to recapture. In such an occurrence, the employee is entitled to the employee contribution, plus any interest earned. The credit is not refundable but may be carried forward by the employer for a period of not more than 5 years. The executive director of the department of revenue may promulgate rules related to the implementation of the credit. For income tax years commencing on or after January 1, 2024, but before January 1, 2027, the amount contributed by the employer may be subtracted by the employee from the employee's federal taxable income for the purpose of determining their state taxable income; except that, if an employee forfeits the employer contribution, then the amount that the employee had subtracted from their federal taxable income is added back to their federal taxable income for the purpose of determining their state taxable income for the subsequent tax year. APPROVED by Governor June 7, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act creates the Colorado commodity supplemental food grant program to provide grants of money to aid county public health agencies, district public health agencies, county departments of human or social services, and food banks that have a contract with the department of human services (department) in purchasing and distributing food packages to qualifying low-income older Colorado adults. The act creates the food bank assistance grant program in the department. The purpose of the food bank assistance grant program is to increase the amount of nutritious food that food banks are able to provide to the food bank's hunger relief partners. Subject to available appropriations, the department may provide grants of money to food banks to enhance the food bank's capacity to distribute quality foods to hunger relief partners. For the 2023-24 state fiscal year, the act annually appropriates $1 million from the general fund to the department for the Colorado commodity supplemental food grant program. APPROVED by Governor June 7, 2023 EFFECTIVE June 7, 2023 (Note: This summary applies to this bill as enacted.)

The act establishes requirements regarding guaranteed asset protection agreements (GAP agreement). A GAP agreement relieves a consumer of liability for all or part of the deficiency balance remaining after the payment of all insurance proceeds upon the total loss of the consumer's motor vehicle. The act permits a creditor to collect additional charges for a GAP agreement as part of a consumer credit transaction. The act sets forth requirements related to GAP agreements, including: Setting conditions and provisions that must be a part of any GAP agreement in order for it to be valid; Establishing the method by which the deficiency balance is calculated and what the consumer will be owed pursuant to the GAP agreement in the event of a total loss; Detailing procedures for when a consumer files a claim under the consumer's GAP agreement after a total loss; Establishing procedures and methods for the cancellation or assignment of a GAP agreement; Establishing the maximum fee that may be charged for a GAP agreement, which must not exceed 4% of the total amount financed in the consumer credit transaction or $600, whichever amount is greater; and Prohibiting the sale of a GAP agreement in specified circumstances, such as when the loan to value ratio in the GAP agreement exceeds 150%. APPROVED by Governor June 7, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)

A state agency or institution of higher education that receives an appropriation for a capital construction project is required to allocate not less than one percent of the state funded portion of the project for the acquisition of works of art. In the 2022-23 fiscal year, the general assembly appropriated money from the revenue loss restoration cash fund to state agencies and institutions of higher education for capital construction projects. The act clarifies that the state funded portion of a capital construction project includes money appropriated from the revenue loss restoration cash fund. In addition, for appropriations for capital construction projects made for the 2022-23 fiscal year only, the act makes the allocation for the acquisition of works of art discretionary rather than mandatory and allows a state agency or institution of higher education that opts not to make such an allocation to use the money that would otherwise be used for works of art for any other costs associated with the capital construction project. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)