Sen. Paul Lundeen

Current law requires state agencies and public entities to comply with digital accessibility standards on or before July 1, 2024. The act provides a one-year extension to July 1, 2025, of immunity from liability for failure to comply with the digital accessibility standards for an agency that demonstrates good faith efforts toward compliance or toward resolution of any complaint of noncompliance. To be eligible for the extension, the act requires the agency to post quarterly reports on progress and create a process for redress for inaccessible digital products. APPROVED by Governor May 24, 2024 EFFECTIVE May 24, 2024(Note: This summary applies to this bill as enacted.)

The act authorizes the department of education (department) to commission a financial study (study) with an independent contractor to analyze the costs to the state and school districts, district charter schools, institute charter schools, and boards of cooperative services (local education providers) and potential cost savings to provide students the opportunity to obtain college credits, industry credentials, and work-based learning experiences. The study must also include an analysis of the effects of consolidating certain postsecondary and workforce readiness programs. The department shall submit the report by December 1, 2024, including recommendations for implementation in the 2025-26 state budget year. The act requires the office of information technology (office) to build, or contract with a third-party vendor to build, the Colorado statewide longitudinal data system (data system) to establish a consistent, appropriate, secure, and legal means of data sharing and connecting multiple data sets into the data system to support effective state investments, inform policy research, and assist Colorado citizens in making choices related to their education and training pathways. The office shall work with contributing state agencies, local education providers, institutions of higher education, partner entities, and policymakers. The act creates the Colorado state longitudinal data system governing board (governing board) to support the office with the development and implementation of the data system. The governing board is required to convene the systems build and implementation interagency advisory group and the sustainability interagency advisory group to support and advise the governing board on the technical development, implementation, use, and function of the data system. The act requires the office to submit an interim report on or before January 15, 2025, on the progress of the data system, the data governance processes and procedures, and recommendations for legislative changes and funding, as necessary, to the general assembly, the state board of education, and the governor. Beginning April 15, 2026, and each April 15 thereafter, the office shall submit an annual report summarizing key findings from the data system on education and workforce outcomes and education and workforce readiness to the general assembly, the state board of education, and the governor. The act creates the statewide longitudinal data system cash fund (cash fund). On July 1, 2024, the state treasurer shall transfer $5 million to the cash fund for purposes of the data system. Subject to annual appropriation by the general assembly for the 2024-25, 2025-26, and 2026-27 state fiscal years, the office and the department may expend money from the cash fund for purposes of the data system. The state treasurer shall transfer all unexpended and unencumbered money in the cash fund to the general fund on September 1, 2027. The act appropriates $4,432,419 from the cash fund to the office for purposes of the data system. The act appropriates $800,005 from the general fund to the department for purposes of the study. The act appropriates $202,992 from the cash fund to the department for purposes of the data system. APPROVED by Governor May 23, 2024 EFFECTIVE May 23, 2024(Note: This summary applies to this bill as enacted.)

The length of the bill summary for this bill requires it to be published on a separate page here: https://leg.colorado.gov/hb24-1448-bill-summary (Note: This summary applies to this bill as enacted.)

The act allows a school district board of education (school district) to consider and submit to the eligible electors of the district the question of contracting a bonded indebtedness for capital construction or land and facilities needs of an institute charter school (school) located within the school district. In order for a school district to consider whether to include the capital construction needs of a school located within the school district, the school must submit a capital construction plan to the board of education (board) of the school district. The capital construction plan must include, but is not limited to: Reasons why the school capital construction must be financed by bonded indebtedness; A description of the capital construction that will be financed by bonded indebtedness; A description of the architectural, functional, and construction standards that meet applicable state building code requirements and that will be applied to each facility subject to the capital construction project (project); An estimate of the total costs for completing capital construction that will be financed by the bonded indebtedness; An estimate of the amount of time needed to complete the project; A statement addressing whether the construction or renovation, payment of overrun costs, and other project issues will be managed by the school or the school district and whether costs for project management will be negotiated between the school or the school district; Reasons why revenue sources other than bonded indebtedness are inadequate to fully finance the school capital construction; and The school's proposed method for disbursement of its share of the bonded indebtedness proceeds. When a school district, in its sole discretion, wants to include the capital construction needs of a school in a ballot question, the board must, prior to submitting the ballot question to the voters of the school district, enter into a written agreement with the school that includes: The process by which investment and interest earnings on bonded indebtedness proceeds are distributed and the process by which the investment and interest earnings proceeds and the bonded indebtedness proceeds are released to the school; The allocation of investment and interest earnings on the bonded indebtedness proceeds; Allocation of the costs to submit the ballot question, which must be borne by both the school district and the school in proportion to the respective portions of the total bonded indebtedness proceeds that are to be received; An agreement that if the school's charter is revoked or not renewed, if the school becomes insolvent and can no longer operate as a school, or if the school otherwise ceases to exist, the school district has priority in recovering debt over all other debtors for costs and payments of all other debts secured by the capital construction and that ownership of any capital construction, land, or facilities financed by the bonded indebtedness proceeds automatically reverts to the school district; and An agreement that the school shall not encumber any capital construction financed by bonded indebtedness with any additional debt without the express approval of the school district. If the school district denies approval, the school district shall provide written reasons for the denial. APPROVED by Governor May 18, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act adds the following rights to the rights of higher education students: Cost transparency regarding a postsecondary education program; A seamless transfer of course credit for courses in the guaranteed transfer pathway matrix and a timely response on whether transfer credit will be accepted by a public institution of higher education (institution); The right to appeal an institution's decision not to accept a student's request to transfer credits; and The right to know what work-related experiences or prior learning opportunities are awarded postsecondary credit at the institution at which the student is enrolled. The act makes changes to the statewide common course numbering system, now referred to as the guaranteed transfer pathway matrix (matrix), to guarantee certain course transfer credits between community colleges, local district colleges, and area technical colleges. The department of higher education (department), beginning in January 2026, shall include as part of its "SMART Act" presentation a compilation of information regarding courses in the matrix. The act provides the department with exclusive authority to bring an enforcement action against an institution that violates the provisions related to the matrix. The act requires the department to establish an appeal process if an institution wrongfully denies a student's transfer credit. The act requires an institution to issue a decision to a student regarding the acceptance or denial of transfer credits within 30 days after the student is admitted to the institution. APPROVED by Governor May 18, 2024 EFFECTIVE May 18, 2024(Note: This summary applies to this bill as enacted.)

If the state exceeds its constitutional fiscal year spending limit, it is required by the Taxpayer's Bill of Rights (TABOR) to refund the excess state revenues (TABOR refunds). The act concerns the 4 TABOR refund mechanisms: a reimbursement to counties for lost property tax revenue, an income tax rate reduction, a sales and use tax rate reduction, and a sales tax refund. The first mechanism through which excess state revenues are refunded is a reimbursement paid to counties for allocation to local governments to offset the reduction in property taxes resulting from property tax exemptions for qualifying seniors, veterans with disabilities, and spouses of veterans who died in the line of duty or as a result of a service-related injury or disease (homestead exemptions). Additionally, for property tax years commencing on or after January 1, 2024, the reimbursement to local governments to offset the reduction in property taxes resulting from the newly reduced valuation for assessment of qualified-senior primary residences created in Senate Bill 24-111, concerning a reduction in the valuation for assessment of qualified-senior primary residence real property, joins the homestead exemptions reimbursement as the first TABOR refund mechanism. The temporary income tax rate reduction is active for income tax years 2024 through 2034. To refund excess state revenues from fiscal year 2023-24, the income tax rate for income tax year 2024 is temporarily reduced from 4.40% to 4.25%. After that year, if the amount of excess state revenues exceeds the projected total amount of TABOR refunds issued as reimbursement to counties for the homestead exemptions and the qualified-senior primary residence valuation reductions, then the state individual income tax rate is temporarily reduced by the following percentages according to the total amount of excess state revenues remaining after the homestead exemptions reimbursement and the qualified-senior primary residence reimbursement are paid (remaining excess state revenues): If the remaining excess state revenues are above $300 million but less than or equal to $500 million, the income tax rate is temporarily reduced by 0.04%; If the remaining excess state revenues are above $500 million but less than or equal to $600 million, the income tax rate is temporarily reduced by 0.07%; If the remaining excess state revenues are above $600 million but less than or equal to $700 million, the income tax rate is temporarily reduced by 0.09%; If the remaining excess state revenues are above $700 million but less than or equal to $800 million, the income tax rate is temporarily reduced by 0.11%; If the remaining excess state revenues are above $800 million but less than or equal to $1 billion, the income tax rate is temporarily reduced by 0.12%; If the remaining excess state revenues are above $1 billion but less than or equal to $1.5 billion, the income tax rate is temporarily reduced by 0.13%; and If the remaining excess state revenues are above $1.5 billion, the income tax rate is temporarily reduced by 0.15%. The sales and use tax rate reduction refund mechanism is active for fiscal years 2024-25 to 2033-34. Under this mechanism, if the amount of remaining excess state revenues is greater than $1.5 billion, as annually adjusted by a percentage equal to the percentage of allowable increase in state fiscal year spending, and exceeds the projected total amount of TABOR refunds issued as reimbursement to counties for the homestead exemptions and the qualified-senior primary residence valuation reductions, plus refunds issued through the temporary income tax rate reduction, then the state sales and use tax rates are temporarily reduced by 0.13%. Under the sales tax refund mechanism, all qualified individuals receive an identical refund amount unless the amount of excess state revenues to be refunded would make that identical refund exceed a certain threshold, in which case the excess state revenues are instead refunded through a 6-tier refund mechanism based on the qualified individual's adjusted gross income. The identical refund amount above which the 6-tier mechanism is triggered is tied to annual federal internal revenue service calculations of sales tax paid in the state by family size and income level; except that, if, by September 1 of any year, the executive director of the department of revenue has not received advice from the internal revenue service that such an identical refund is regarded as a refund of sales tax and not as an accession to wealth, the identical refund threshold remains the existing rate of $15. An individual may claim the sales tax refund by filing an income tax return or a specified assistance grant application by October 15 of the calendar year following the taxable year for which the refund is being claimed. Whether the TABOR refund mechanisms are triggered and, if so, how many of the mechanisms are triggered depends on the amount of excess state revenues remaining after reimbursement to counties for the homestead exemptions and the qualified-senior primary residence valuation reductions as follows: If remaining excess state revenues are less than or equal to $300 million, TABOR refunds are distributed only through the tiered or flat sales tax refund mechanism; If remaining excess state revenues are greater than $300 million but less than or equal to $1.5 billion, TABOR refunds are distributed first through the income tax rate reduction and then through the tiered or flat sales tax refund mechanism; and If remaining excess state revenues are greater than $1.5 billion, TABOR refunds are distributed first through the income tax rate reduction, next through the sales and use tax rate reduction, and finally through the tiered or flat sales tax refund mechanism. If there are not sufficient excess state revenues to pay the full amount of an income tax rate reduction refund mechanism or the sales and use tax rate reduction refund mechanism, then the affected refund mechanism is not triggered. The act also repeals statutory sections related to TABOR refund mechanisms that are no longer applicable, including the 4-tier sales tax refund mechanism to refund excess revenues from fiscal year 1997-98. For the 2024-25 state fiscal year, $59,443 is appropriated from the general fund to the department of revenue for personal services and tax administration IT system support. APPROVED by Governor May 14, 2024 PORTIONS EFFECTIVE May 14, 2024 PORTIONS EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Section 1 of the bill adds disclaimers to the "Construction Defect Action Reform Act" that: Are not intended to impose an obligation upon construction professionals to provide an express or implied warranty; Apply to implied warranty claims; and Do not amend or change the terms of or limitation upon an express or implied warranty. The bill states that a construction professional is not vicariously liable for the acts or omissions of a licensed design professional for any construction defects. Under current law regarding common interest communities, a unit owners' association (association) must follow a process to obtain the approval of a majority of the unit owners before initiating a construction defect action (action). The approval process: Requires that a meeting be held to consider whether or not to bring the action (meeting); Requires the association to give the unit owners information about the proposed action and certain notices and disclosures before the meeting; Allows the association to amend or supplement the proposed action after the meeting; and Allows the association to omit nonresponsive votes from the total vote count, but allows construction professionals to challenge whether the association made diligent efforts to contact the nonresponsive unit owners. In connection with this process, section 2 : Requires the association to give notice to unit owners and reobtain unit owner approval to amend or supplement a proposed action after the meeting; Raises the number of unit owners who need to approve the action from a majority to a two-thirds majority; Requires a unit owner to sign the unit owner's vote; Requires the association to give the construction professionals a list of nonresponsive unit owners; and When unit owners' nonresponsiveness is challenged in court: Requires the court to stay the action against the construction professionals and requires the notification and voting process to be performed again unless the court holds that the association diligently contacted the unit owners; and Requires the association to disclose to the construction professionals all information relevant to the unit owners' nonresponsiveness within 21 days after the challenge has been filed.(Note: This summary applies to this bill as introduced.)

Under current law, the state distributes its share of a school district's total program funding in 12 approximately equal monthly payments during the budget year. The act changes this distribution schedule so that unless a school district opts out, the state distributes its share of a school district's total program funds in a pattern over the course of the budget year that considers the projected timing of when the district will receive the property tax component of its local share of its total program funding and is as equal as possible each month when combined with the property tax component of its local share. APPROVED by Governor April 4, 2024 EFFECTIVE April 4, 2024(Note: This summary applies to this bill as enacted.)