This update has been prepared by Tomlinson & Associates - (303) 660-6036 www.lobbycolorado.com
The information contained herein is current as of today's date.
Bill # Short TitleSponsorsBill SummaryCalendar NotificationMost Recent StatusNews LinksFiscal NoteComments
HB10-1001Renewable Energy Stds Solar Certif TYLER / SCHWARTZ & ... Existing law creates a renewable energy portfolio standard (RPS) under which certain electric utilities are required to generate an increasing percentage of their electricity from renewable sources, in a series of increments from 3% in 2007 to 20% in 2020 and thereafter. The bill boosts these RPS percentages to achieve 30% renewable generation by 2020 and requires a portion of the RPS to be met through a subset of renewable generation, "distributed generation" (DG), which does not require additional transmission facilities to connect to the grid. Section 1 of the bill directs the Colorado public utilities commission (PUC) to consider employment and economic factors when evaluating proposed new electric generation resource acquisitions by utilities, including the use of "best value" employment metrics such as the availability of training programs and the wages, health benefits, and pensions that workers will earn. Section 2 defines terms, increases the RPS percentages, and, within each RPS percentage, replaces an existing carve-out for solar generation with a larger carve-out for DG (which includes customer-sited solar generation). Section 2 also directs the PUC to monitor compliance with the DG carve-out by issuing a new series of renewable energy credits (RECs) and by redesignating RECs already earned, when appropriate. Finally, section 2 limits the existing 1.25 multiplier for in-state renewable electric generation to utility-scale projects only. Section 3 gives the PUC discretion to incrementally reduce the existing standard rebate offer (which utilities must pay as an incentive for new customer-sited renewable generation facilities such as rooftop solar panels) from $2 to some lesser amount if the PUC finds that the market no longer requires this level of subsidy. In addition, section 3 requires that the rebate offer for DG systems decline based on market conditions, as determined by the PUC, but allows the PUC to adopt performance-based incentives for DG systems. Section 4 allows a utility to develop and own, as part of its rate base, up to 50% of the DG capacity it acquires from power purchase agreements and new construction if the cost is reasonably comparable to current market cost. Section 4 also requires the PUC to allow a utility cost recovery for the construction of new DG on a par with the cost recovery allowed for new coal-fired facilities. For large DG facilities of one megawatt or more, section 4 directs the PUC to require registration with a regional system for tracking renewable energy generation. Effective January 1, 2012, sections 4 and 7 require new DG installations funded wholly or partly through ratepayer incentives and rebates to be installed by licensed electricians or apprentices, where appropriate, and supervised by persons who are certified by the North American board of certified energy practitioners (NABCEP) or another nationally recognized organization designated by the PUC. Finally, section 4 specifies that DG program expenditures be allocated 10% to wholesale and 90% to retail, with residential and nonresidential retail receiving a proportionate share based on the utility's customer profile. The utility may retain its costs of administering DG programs, not to exceed 5% annually. Section 5 expressly authorizes any committee formed by executive order for the purpose of studying the desirability of regulating solar installers to submit a request for sunrise review by the department of regulatory agencies under the state's sunrise and sunset law. Sections 5 and 6 require that for projects funded by federal or state grants or by clean energy loans made through the state's clean energy finance program, the licensing and NABCEP requirements apply beginning July 1, 2011. Section 8 defines special terms used in sections 4 to 7. NOT ON CALENDAR03/22/2010 Governor Action - Signed
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Fiscal Note 

 
HB10-1010Expand Public-private Initiatives FERRANDINO / MORSE Long-term Fiscal Stability Commission. Using the existing public-private initiative program for the department of transportation as a model, section 1 of the bill:
* Authorizes state agencies to enter into public-private initiative agreements with nonprofit entities; and
* Specifies evaluative criteria to be used by and procedures to be followed by the agencies in considering, evaluating, and accepting or rejecting unsolicited proposals for public-private initiatives. Section 2 of the bill provides an incentive for an agency to enter into public-private initiatives by amending an existing statutory definition of "cost savings" in order to allow an agency to retain a portion of any cost savings realized from a personal services contract entered into pursuant to a public-private initiative agreement. 
NOT ON CALENDAR04/15/2010 Governor Action - Signed
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Fiscal Note 

 
HB10-1012Limit Surveillance Workers' Comp Claims PACE / CARROLL M. Interim Committee to Study Issues Related to Pinnacol Assurance. Section 1 of the bill:
* Prohibits an insurer or employer from conducting surveillance of an employee who has submitted a workers' compensation claim unless the insurer or employer has a reasonable basis to suspect that the employee has committed fraud or made a material misstatement concerning the claim;
* Allows the employee to request an expedited hearing before a prehearing administrative law judge;
* Requires the insurer or employer to provide all materials collected during the surveillance to the injured worker and to destroy all materials collected during the surveillance unless the materials are reasonably necessary to resolve an ongoing claim of fraud;
* Requires persons conducting surveillance to answer the employee's questions truthfully; and
* Creates a $1,000-per-day penalty for violations. Section 2 of the bill:
* Directs the prehearing administrative law judge to issue an injunction against the surveillance unless the insurer or employer shows that it has a reasonable basis to suspect that the employee has committed fraud or made a material misstatement concerning the claim; and
* Allows the identity of a witness or whistleblower who provides evidence in good faith to be withheld or limited to an in camera review. 
NOT ON CALENDAR05/05/2010 Senate Committee on Judiciary Postpone Indefinitely
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HB10-1023Employer Liability Negligent Hiring WALLER / HUDAK Economic Opportunity Poverty Reduction Task Force. The bill prohibits information regarding an employee's criminal history from being introduced as evidence in a civil action against an employer if:
* The nature of the criminal history does not bear a direct relationship to the facts underlying the cause of action;
* A court order sealed any record of a criminal case or a pardon was issued before the occurrence of the civil action; or
* The record of an arrest or charge did not result in a criminal conviction. The bill does not eliminate the requirement for criminal history background checks in hiring for certain employment. 
NOT ON CALENDAR03/29/2010 Governor Action - Signed
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HB10-1040Collegeinvest Lifelong Learning Savings KERR A. Under current law, anyone may open a college savings account (account) through collegeinvest for any beneficiary. The bill specifies that any adult may open an account for the benefit of himself or herself in furtherance of the adult's own postsecondary educational goals (lifelong learner). The bill directs collegeinvest to promote the use of accounts by lifelong learners and to develop and implement procedures to allow an employer to make a matching contribution to a lifelong learner's account for any contribution made by the lifelong learner. The bill directs collegeinvest to work with the financial institutions that manage the accounts to determine the savings options that would be most beneficial to lifelong learners and also directs the financial institutions to develop and implement a plan to expand the promotion of the college savings program to encourage adults to open accounts and participate as lifelong learners. NOT ON CALENDAR02/12/2010 House Committee on Appropriations Postpone Indefinitely
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HB10-1072Create Budget Stabilization Reserve Fund COURT / HEATH Long-term Fiscal Stability Commission. Section 1 of the bill makes legislative findings and declarations that:
* The state should save substantial amounts of money during periods of significant economic growth in order to prevent drastic cuts in core state services during economic downturns;
* By enacting Senate Bill 09-228, which will, if significant economic growth occurs, increase the amount of the required general fund reserve for future fiscal years, as a first step towards ensuring that the state saves more money in the future, the general assembly has recognized that the state has not saved enough money during past periods of significant economic growth;
* Based on the experience of the state during recent economic downturns, the increased general fund reserve required by Senate Bill 09-228 is likely to prove inadequate to fully stabilize the state budget and prevent drastic cuts in state services during future economic downturns; and
* It is necessary, appropriate, and in the best interest of the state to:
* Convert the general fund reserve to a state budget stabilization reserve fund;
* Further increase the amount of general fund revenues that the state is required to save; and
* Promote fiscal discipline in state government and protect against rapid depletion of the reserve fund by reducing the percentage of estimated reserve fund depletion that will require the governor to formulate a plan for reducing general fund expenditures from the percentage of estimated general fund reserve depletion that currently triggers that requirement. Section 2 of the bill creates the state budget stabilization reserve fund (fund) and requires fund investment earnings to be credited to the fund. Beginning in FY 2009-10, section 2 also requires increasing amounts of general fund moneys, measured as a percentage of annual general fund appropriations, to be credited to the fund at the end of each fiscal year until the fund balance can be maintained at 15% of general fund appropriations. Section 3 of the bill reduces the percentage of estimated general fund reserve depletion for a fiscal year that triggers a requirement that the governor formulate a plan for reducing general fund expenditures from 50% of the amount of the existing general fund reserve to the greater of 2% of the amount appropriated for expenditure from the general fund for the fiscal year or one-third the amount of the fund that is replacing the general fund reserve. Section 3 also makes a conforming amendment regarding the trigger for transferring general fund moneys previously credited to the capital construction fund back into the general fund. Sections 4 through 12 of the bill make conforming amendments necessitated by the conversion of the general fund reserve to the fund. 
NOT ON CALENDAR03/10/2010 House Committee on Finance Postpone Indefinitely
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HB10-1087End Automatic Employer Tax Withholding SWALM / CADMAN Currently, an employer is required to deduct and withhold Colorado income tax from an employee's wages. The bill eliminates the mandatory deduction and withholding. Instead, an employer will only deduct and withhold Colorado income tax from an employee's wages if the employee and employer voluntarily agree to it. The bill also makes a conforming amendment to an income tax credit, so that the change to the withholding requirement does not affect the eligibility for the credit. NOT ON CALENDAR02/10/2010 House Committee on Finance Postpone Indefinitely
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HB10-1107Urban Renewal Area Ag Lands FISCHER / CARROLL M. Section 3 of the bill prohibits any area that has been designated as an urban renewal area from containing any agricultural land unless:
* The agricultural land is a brownfield site as designated by the United States environmental protection agency;
* The area containing the agricultural land is at least two-thirds contiguous with urban-level development and at least one-half of the area consists of urban-level development that is determined to constitute a slum or blighted area;
* The agricultural land is an enclave within the territorial boundaries of a municipality and the entire perimeter of the enclave has been contiguous with urban-level development for a period of not less than 3 years;
* Each public body that levies an ad valorem property tax on the agricultural land agrees in writing to the inclusion of the agricultural land within the urban renewal area; or
* The agricultural land was included in an approved urban renewal plan prior to the effective date of the bill. In addition, section 3 of the bill:
* Where agricultural land is included within an urban renewal area under the conditions specified in the bill, requires the county assessor to value the agricultural land at its fair market value solely for determining the base amount of taxes to be paid to the public bodies without consideration of the tax increment. Nothing in the bill affects the actual classification of agricultural land for property tax purposes.
* Expands the grounds allowing counties to challenge information contained in urban renewal impact reports.
* Permits the required agreement to be entered into by or among the municipality and urban renewal authority and county taxing entities in the case of tax increment financing to provide for a waiver of certain requirements under the urban renewal law. Section 4 of the bill requires urban renewal plans to include a legal description of the urban renewal area, including the legal description of any agricultural land proposed for inclusion within the urban renewal area pursuant to the conditions specified in the bill. Section 5 of the bill provides that, not later than 30 days after the municipality has provided the county assessor notice that the urban renewal plan contains tax increment financing provisions, the assessor may provide written notice to the municipality if the assessor believes that agricultural land has been improperly included in the urban renewal area under the conditions specified in the bill. If the notice is not delivered within the 30-day period, the inclusion of the land in the urban renewal area as described in the urban renewal plan shall be incontestable in any suit or proceeding notwithstanding the presence of any cause. If the assessor provides written notice to the municipality within the 30-day period, the municipality may file an action in state district court for an order determining whether the inclusion of the land in the urban renewal area is consistent with one of the conditions specified in the bill and shall have an additional 30 days from the date it receives the notice in which to file the action. If the municipality fails to file such an action within the additional 30-day period, the urban renewal area shall not include the agricultural land. 
NOT ON CALENDAR04/14/2010 Governor Action - Signed
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HB10-1119SMART Government Act FERRANDINO / SHAFFER B. Section 1 of the bill sets forth that the bill shall be known and may be cited as the "State Measurements for Accountable, Responsive, and Transparent (SMART) Government Act". Section 2 of the bill requires the joint budget committee (JBC) to consider for recommendation to the general assembly any report approved Merrifield, Middleton, Pace, Pommer, Primavera, Rice, Scanlan, Schafer S., Solano, Todd, Weissmann by the office of state planning and budgeting from a department that suggests improved budgetary efficiency or administrative flexibility through line item consolidation in the annual general appropriation act. Section 2 also requires the JBC to prioritize requests for information in preparing any letter to the governor after passage of the annual general appropriation act. Section 3 of the bill repeals and reenacts provisions requiring departmental presentations to legislative committees of reference (committees). The new provisions mainly make changes to the part of the law that specifies what the presentations must include and, in addition, implement a new performance-based budgeting program to work in cooperation with the committees. The new performance-based budgeting program includes the following:
* For the state budget process for the state fiscal year 2012-13, and the state budget process for each fiscal year thereafter, each principal department of the executive branch and the judicial branch of state government (department) must develop a strategic plan.
* Like the existing law, each department must make a presentation to the assigned committees. The bill also requires that:
* During the legislative session commencing January 2011, the presentation must at least include a presentation regarding the department's progress toward creating a strategic plan.
* During the legislative session commencing January 2012, and during each legislative session thereafter, the presentation must at least include a presentation of the department's strategic plan, a review of the department's performance-based goals and performance measures, and a report on the actual outcomes.
* During the legislative session commencing January 2012, and during each legislative session thereafter, each committee must assign 2 members, one from each party, as liaisons with their assigned departments regarding the performance-based budgeting process. During the same sessions, the chair of the JBC must also assign one member of the JBC to serve as a liaison to work with the committee liaisons.
* Within 30 days after the department presentation, each committee must provide any written recommendations to the department and to the office of state planning and budgeting. Each department may implement the recommendations in the following state fiscal year's strategic plan. If recommendations were not implemented, the department shall provide the committee a written explanation no later than the fifth day of the legislative session of that fiscal year.
* Prior to the legislative session commencing in January 2013, the state auditor must conduct a performance audit of one or more specific programs or services in at least 2 departments and must continue to conduct performance audits of one or more specific programs or services in at least 2 departments annually to audit all departments in a 10-year cycle. Performance audits of the programs or services selected for audit may include, but are not limited to, a review of the integrity of the performance measures audited, the accuracy and validity of reported results, and the overall cost and effectiveness of the audited programs or services in achieving legislative intent and the department's performance-based goals. After presenting the performance audit to the legislative audit committee and obtaining permission for the report to be released, the state auditor must present the audit report to the appropriate committee within the first 15 days of the legislative session. The state auditor must also present any other audit reports that he or she deems relevant for the committee of reference's review.
* During the legislative session commencing January 2012, and during each legislative session thereafter, each committee must consider the department's strategic plan, its presentation of the plan, and any performance audit and must report to the JBC its recommendations for priorities or any changes. The recommendations made by the committee are limited to the department's November 1 budget request for the upcoming state fiscal year. The JBC may take the committee's recommendations into account in preparing the annual general appropriation act. The JBC must report back to the committees its reasoning for following or not following the committee's recommendations.
* Starting December 1, 2012, and each December 1 thereafter, the office of state planning and budgeting must publish an annual performance report. The annual performance report is a summary of each department's strategic plan. The report must be clearly written and easily understood, and limited in length. The report must be distributed to the members of the general assembly to assist members in making decisions related to the annual general appropriation act. Sections 4 and 5 of the bill make adjustments to the duties of the legislative audit committee and the state auditor, respectively, to accommodate the requirements set forth in the bill. Sections 6 and 7 of the bill make conforming amendments. Section 8 of the bill requires the director of the office of state planning and budgeting to require that all state agency budget submissions be distributed in an electronic format. Section 9 of the bill deals with intradepartmental transfers between appropriations. Limits for such types of transfers have not been adjusted since 1994. Section 9 increases the statewide limit from $2 million to $5 million but does not change any other parts of the structured approval process or change limits for specific agencies. Section 9 also eliminates the prohibition from departments using the intradepartmental transfer authority to:
* Transfer dollars from a nonpersonal services line item (such as operating) into a personal services line item;
* Transfer dollars between personal services line items; and
* Transfer dollars from an operating line into a utilities line or lease space line, or between utility line items. Section 10 of the bill deals with the controller's authority to allow, upon approval of the governor, a department to make an expenditure in excess of the amount authorized in an appropriation. Current law limits such excess expenditures to $1 million. Section 10 increases that amount to $3 million. Section 11 of the bill repeals the statutory section requiring the implementation of a zero-base budgeting system for the state. 
NOT ON CALENDAR06/05/2010 Governor Action - Signed
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HB10-1126Priority-based Budgeting For CO VAAD / BROPHY Section 1 of the bill repeals and reenacts provisions requiring departmental presentations to legislative committees of reference (committees). The new provisions change what the presentations must include and, in addition, implement a new priority-based budgeting process. The new priority-based budgeting process, which is a biennial budget process, includes the following:
* Beginning with the state budget process for state fiscal years 2011-12 and 2012-13, and for each biennial budget cycle thereafter, each principal department of the executive branch of state government (department) must develop an initial prioritization plan.
* Within the first 15 days of the regular legislative session commencing in January 2011, and each legislative session thereafter, each department must present its initial prioritization plan to the committee to which the department was assigned. The initial prioritization plan must include a statement of the department's overall mission and a prioritized list of each of the department's programs with certain information about the programs.
* Within 30 days after the presentation by the department, each committee must provide written recommendations to the department regarding the prioritization of the department's programs. Prior to adjournment sine die of the session in which it received written comments, the department must report in writing to the committee regarding the committee's recommendations.
* The department must then develop a final prioritization report. Beginning with the legislative session commencing in January 2012, the department must present the report to the joint budget committee, which shall make appropriations based on the final prioritization report. Section 2 repeals the statutory section requiring the implementation of a zero-based budgeting system for the state. 
NOT ON CALENDAR02/09/2010 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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HB10-1129Property Tax Higher Actual Valuation BRADFORD / HARVEY Section 4 of the bill requires a taxpayer to initially pay property taxes based on the valuation from the previous year if:
* The value of land or improvements increases by more than 300%;
* The increase is not based on a change in classification of the land or improvements or an addition or modification thereto; and
* The taxpayer is appealing the valuation. Section 4 also requires a revised tax statement to be sent to a taxpayer after a final order or decision on appeal. Section 5 of the bill requires the taxpayer to pay any remaining taxes owed within 30 days from the revised tax statement if tax is owed after the appeal and the tax based on the valuation from the previous year has already been paid. Section 1 of the bill requires the notice of valuation sent to certain taxpayers whose property value has increased to include a statement about initially paying taxes based on the actual valuation for the previous year. Sections 2 and 3 of the bill require a taxpayer to receive costs, including witness fees, and reasonable attorney fees if the final adjusted valuation is less than one-third of the valuation included in the notice of valuation. 
NOT ON CALENDAR02/12/2010 House Committee on Local Government Postpone Indefinitely
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HB10-1138Colorado Health Services Corps GAGLIARDI / MORSE The bill changes the name of the state health care professional loan repayment program to the Colorado health services corps (health services corps), the name of the health care community board to the Colorado health services advisory council, and the name of the health care professional loan repayment fund to the Colorado health services corps Labuda, McFadyen, Middleton, Pace, Rice, Scanlan, Todd, Tyler fund. Contracts for health care professional loan repayments entered into by collegeinvest or the primary care office in the department of public health and environment (primary care office) under the prior name of the program are still valid obligations. The bill specifies the manner in which the health services corps may make a lump sum payment on an eligible professional's education loans pursuant to a contract. The bill exempts the selection of health care professionals from the competitive bidding requirements of the procurement code. The bill repeals the $35,000 per year limit on the amount of education loan repayment that a health professional may receive under the health services corps. The bill requires the primary care office to report specified information to the governor and specified committees of the general assembly on or before December 1, 2011, and every other December 1 thereafter. The bill makes conforming amendments due to the name changes. NOT ON CALENDAR04/20/2010 Governor Action - Signed
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HB10-1174Reduce Sev Tax Credit To Promote Jobs FRANGAS / ROMER Under current law, oil and gas producers and interest owners are permitted to claim a credit against the state severance tax on oil and gas for property taxes paid. Section 2 of the bill reduces the amount of the credit by 50% for a 2-year period beginning on January 1, 2011. Section 3 of the bill requires the additional severance tax revenue paid to the state as a result of the reduction in the amount of the credit to be deposited in the following cash funds:
* 90% to the teacher retention cash fund, which is created in section 1 of the bill; and
* 10% to the small business credit cash fund, which is created in section 2 of the bill. The department of education must distribute moneys in the teacher retention cash fund to school districts and the state charter school institute for further distribution to public schools to be used for teacher retention. This money will be in addition to any other school funding. The Colorado economic development commission shall use the moneys in the small business credit cash fund for the purpose of increasing the availability of credit to small businesses as part of the Colorado credit reserve program administered by the Colorado housing and finance authority. 
NOT ON CALENDAR02/09/2010 House Committee on Business Affairs and Labor Postpone Indefinitely
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HB10-1176Require Government Recovery Audits VAAD / MITCHELL The bill adds a new part to the statutory provisions governing the office of state planning and budgeting (OSPB) that:
* Declares overpayments to individuals, vendors, and other entities to be a serious problem for certain government entities (other covered entities) and state agencies that can be mitigated by requiring recovery audits of state agency or other covered entity expenditures designed to recover overpayments.
* Requires the director of OSPB to:
* Contract with private contractors for recovery audits of state agency and other covered entity payments to individuals, vendors, and other entities for state agencies and other covered entities that expend more than $25 million annually;
* Promulgate rules necessary to implement the recovery audit program, including rules to set reasonable compensation as a percentage of the amount recovered from recovery audits for recovery audit contractors and, if deemed appropriate by the director, rules to provide cost-benefit criteria to exempt from the program state agencies and other covered entities that make relatively few or small payments to vendors;
* Report to the legislative audit and joint budget committees by May 1 of each year regarding exemptions from recovery audits proposed to be allowed by the director for the next fiscal year so that the committees can have an opportunity to veto any such exemption;
* Provide copies of all reports received from recovery audit contractors to the governor, the state auditor, and the legislative audit and joint budget committees within 7 days of receipt; and
* No later than December 31 of each year, issue a report to the general assembly summarizing the contents of all recovery audit contractor reports received during the most recently completed fiscal year.
* Allows the director of OSPB to retain a portion of any amount recovered due to a recovery audit in order to defray the reasonable and necessary administrative costs incurred by OSPB in contracting for and providing oversight of the recovery audit.
* Requires the director of OSPB and a state agency or other covered entity subject to a recovery audit to provide to the auditing contractor confidential information necessary for the conduct of the audit to the extent not prohibited by federal law or regulation or an agreement with the federal government, the government of another state, or an agency of another state.
* Requires the auditing contractor to keep the information confidential or face any civil or criminal penalties that would apply to a breach of confidentiality by the state agency or other covered entity or its employees. 

Bill HB10-1176 - VAAD / MITCHELL Require Government Recovery Audits
   Wednesday, May 12 2010
   THIRD READING OF BILLS--FINAL PASSAGE--CONSENT CALENDAR
   (13) in senate calendar.  

06/10/2010 Governor Action - Signed
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HB10-1177Create Colorado Economic Stability Fund KING S. The bill creates the Colorado economic stability fund (fund), specifies that the principal of the fund shall consist of general fund moneys transferred to the fund, requires fund interest and income to be credited to the fund, and specifically:
* Requires 10% of any increase in the amount of general fund revenues for a fiscal year over the amount of general fund revenues for the prior fiscal year to be transferred to the fund at the end of the fiscal year unless such a transfer would cause the balance of the fund to exceed 15% of the amount of general fund revenues for the fiscal year;
* Requires moneys to be transferred from the fund to the general fund at the end of a fiscal year to the extent necessary to prevent the balance of the fund from exceeding 15% of the amount of general fund revenues for the fiscal year. For any given fiscal year, the bill allows the general assembly to appropriate or transfer up to one-half of the moneys in the fund, subject to the following limitations:
* The amount of general fund revenues for the immediately preceding fiscal year must have been at least 10% less than the amount of general fund revenues for the next preceding fiscal year.
* The general assembly must have declared a state fiscal emergency by adopting a joint resolution approved by a two-thirds majority vote of the members of both houses and the governor.
* Moneys transferred or appropriated from the fund may be used only to provide funding for programs that were in existence and receiving state funding prior to the beginning of the fiscal year and that provide vital services determined by the joint budget committee to be necessary to help preserve the public peace, health, or safety. The bill allows the general assembly to appropriate or transfer more than one-half of the moneys in the fund during a fiscal year if the general assembly authorizes such appropriations or transfers by adopting a separate joint resolution approved by a two-thirds majority vote of the members of both houses and the governor. 
NOT ON CALENDAR02/09/2010 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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HB10-1180Perf-based Incentive For CO Film Prod MASSEY / GIBBS & ... The bill adjusts the criteria currently in place for a film production company to qualify for a performance-based incentive for film production activities in Colorado. Specifically, it:
* Allows an incentive for a television commercial;
* Incorporates the definition of "qualified payroll expenditure" into the definition of "qualified local expenditure" for ease of understanding. There are conforming amendments throughout the bill to accommodate this change.
* Removes the requirement that the production company must spend at least 75% of its production expenditures on qualified local expenditures and qualified local payroll expenditures;
* Reduces the minimum total qualified local expenditures a production company that does not originate the film production activities in Colorado from $1 million to $250,000; and
* Lowers the actual qualified local expenditures necessary to receive an incentive from equal to or exceeding the projected expenditures to equal to or exceeding the minimum total qualified local expenditures. 
NOT ON CALENDAR05/18/2010 Governor Action - Signed
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HB10-1189Elim Sales Tax Exemption For Direct Mail POMMER / HEATH Commencing March 1, 2010, the bill eliminates the state sales and use tax exemption for direct mail advertising materials that are distributed in Colorado by any person engaged in the business of providing cooperative direct mail advertising. The bill allows a local government or political subdivision of the state to continue to exempt such direct mail advertising materials from local sales or use tax. NOT ON CALENDAR02/24/2010 Governor Action - Signed
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HB10-1190Suspend Indus Fuel Sales & Use Tax Exemp POMMER / HEATH For the period commencing March 1, 2010, and ending June 30, 2012, the bill suspends the exemption from the state sales and use taxes for the storage, use, or consumption of electricity, coal, coke, fuel oil, steam, nuclear fuel, or gas for use in processing, manufacturing, mining, refining, irrigation, building construction, telegraph, telephone, and radio communication, street and railroad transportation services, and all industrial uses and makes conforming amendments to prevent the suspension of the exemption from affecting county, municipal, and other local government or political subdivision sales and use taxes. NOT ON CALENDAR02/24/2010 Governor Action - Signed
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HB10-1191Elim Candy & Soda Sales Tax Exemption POMMER / HEATH Effective March 1, 2010, sections 1 and 2 of the bill:
* Narrow the existing state sales and use tax exemptions for food so that candy and soft drinks are no longer exempt from the state sales tax and use taxes;
* Authorize the department of revenue to promulgate rules that allow sellers of candy and soft drinks to, if necessary, reasonably estimate the amount of sales taxes due on their sales; and
* Make conforming amendments to prevent the narrowing of the exemption from affecting county, municipal, and other local government or political subdivision sales and use taxes. 
NOT ON CALENDAR02/24/2010 Governor Action - Signed
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HB10-1192Sales & Use Tax Of Standardized Software POMMER / HEATH The bill repeals a special regulation promulgated by the department of revenue related to the type of software subject to sales or use tax. The bill specifies that standardized software is included in the definition of tangible personal property and defines standardized software. NOT ON CALENDAR02/24/2010 Governor Action - Signed
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HB10-1193Sales Tax Out-of-state Retailers POMMER / HEATH Section 1 of the bill relates to current law requiring a retailer to collect sales tax from a person residing in this state only if the retailer has sufficient connections with this state. Commencing March 1, 2010, section 1 articulates a presumption that any out-of-state retailer that has a referral relationship with an affiliate has an obligation to collect sales tax. The bill specifies that the presumption may be rebutted by the out-of-state retailer if the retailer can show that the affiliate with whom the retailer has such a relationship did not engage in active solicitation. The bill defines an affiliate as a person residing in this state that solicits business by means of a public forum in this state. Section 2 specifies that, for purposes of any efforts to collect use tax, the executive director of the department of revenue may issue a subpoena to any out-of-state retailer if the out-of-state retailer refuses to voluntarily furnish specific information when requested and may take the out-of-state retailer's testimony under oath. If the out-of-state retailer fails or refuses to respond to the subpoena and give testimony, the executive director may apply to any judge of the district court of the state of Colorado for an attachment against the out-of-state retailer for contempt. NOT ON CALENDAR02/24/2010 Governor Action - Signed
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HB10-1194Elim Nonessent Articles Sales Tax Exemp FERRANDINO / HEATH Effective March 1, 2010, the bill narrows the existing state sales and use tax exemptions for sales to retailers or vendors of food, meals, or beverages of articles, containers, and bags that are to be furnished without separate charge to consumers or users for use with articles of tangible personal property purchased at retail upon which state sales tax is paid so that articles, containers, and bags that are nonessential to the consumer or user are no longer exempt from the state sales and use taxes and makes conforming amendments to prevent the narrowing of the exemption from affecting county, municipal, and other local government or political subdivision sales and use taxes. NOT ON CALENDAR02/24/2010 Governor Action - Signed
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Fiscal Note 

 
HB10-1195Suspend Ag Sales & Use Tax Exemp FERRANDINO / HEATH The bill suspends the exemption from the state sales and use taxes for the sale or storage, use, or consumption of agricultural compounds used in caring for livestock, semen for agricultural and ranching purposes, and pesticides for use in the production of agricultural and livestock products for the period beginning March 1, 2010, and ending June 30, 2013. The bill also prevents the suspension of the exemption from affecting sales or use taxes levied by towns, cities, counties, or other political subdivisions of the state that are based on the state sales or use tax unless a town, city, county, or political subdivision expressly subjects such sale or storage, use, or consumption to its sales or use tax for the specified period at the time of adoption of its initial sales or use tax ordinance or resolution or subsequent amendment to the ordinance or resolution. NOT ON CALENDAR02/24/2010 Governor Action - Signed
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Fiscal Note 

 
HB10-1196Elim Certain Cars Qualified For Tax Cred FERRANDINO / HEATH Current law specifies that motor vehicles that meet certain federal guidelines and have a minimum fuel economy of 30 miles per gallon but less than 40 miles per gallon (category 7 motor vehicles) qualify for a state income tax credit for the purchase of vehicles using alternative fuels for the tax years commencing January 1, 2010, and January 1, 2011. The bill disqualifies category 7 motor vehicles from the state income tax credit for purchases of category 7 motor vehicles made on or after January 1, 2011. NOT ON CALENDAR02/24/2010 Governor Action - Signed
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Fiscal Note 

 
HB10-1197Reduce Conservation Easement Cap Amount FERRANDINO / HEATH Taxpayers are currently allowed to claim a state income tax credit for donating a conservation easement. The amount of the credit is equal to 50% of the fair market value of the easement, with a cap of $375,000. The bill reduces the amount of the cap to $135,000 for donations made on or after January 1, 2011. NOT ON CALENDAR04/29/2010 Governor Action - Signed
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Fiscal Note 

 
HB10-1198Susp Credit Alternative Minimum Tax FERRANDINO / HEATH The bill suspends for taxable years beginning on or after January 1, 2010, the credit against the state income tax for an amount equal to 12% of the credit allowed for payment of minimum tax liability under the federal internal revenue code. NOT ON CALENDAR01/29/2010 House Committee on Finance Postpone Indefinitely
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Fiscal Note 

 
HB10-1199Net Operation Loss Deduction Temp Limit FERRANDINO / HEATH Under current law, a corporation may reduce its Colorado taxable income by carrying forward a net operating loss (NOL). There is no annual limit on the amount of NOL that may be carried forward. For each of the next 3 income tax years, the bill limits the amount of NOL that may be carried forward to $250,000. A NOL may be carried forward one additional year for each year that a corporation is prohibited from carrying forward a portion of its NOL because of this limit. NOT ON CALENDAR02/24/2010 Governor Action - Signed
No news items found

Fiscal Note 

 
HB10-1200Enter Zone Inv Tax Credit Deferral HULLINGHORST / HEATH Currently, the enterprise zone investment tax credit (credit) allows a taxpayer to claim an income tax credit that is equal to a percentage of the taxpayer's total qualified investment in qualified property during an income tax year, as long as the investment is in property that is used solely and exclusively in an enterprise zone for at least one year. A taxpayer is allowed to claim the credit for the first $5,000 of income tax liability, plus an amount equal to 50% of the taxpayer's tax liability in excess of $5,000, to the extent permitted by the amount of the qualified investment. A taxpayer is allowed to carry forward the credit for 12 income tax years after the year in which the full amount of the credit was unused. For the 2011, 2012, and 2013 income tax years, the bill limits the amount of the credit that a taxpayer may claim to $250,000 and requires that a taxpayer defer claiming any amount of the credit allowed that exceeds $250,000 to the 2014 income tax year. The bill allows a taxpayer that deferred claiming any credit in excess of $250,000 to carry forward the credit for 12 income tax years after the year the credit was originally allowed, plus one additional year for each year that the taxpayer had to defer claiming the credit in excess of $250,000. 

Bill HB10-1200 - HULLINGHORST / HEATH Enter Zone Inv Tax Credit Deferral
   Wednesday, May 12 2010
   THIRD READING OF BILLS--FINAL PASSAGE--CONSENT CALENDAR
   (7) in senate calendar.  

05/27/2010 Governor Action - Signed
HB10-1200: Softened Tax Bills Pass on Closing Day

Fiscal Note 

EDCC is neutral on this bill. 
HB10-1205Local Land Use Planning For Mil Install RYDEN / SPENCE The bill modifies statutory provisions relating to the land use planning by county and municipal governments to address the impacts of military installations. Section 1 of the bill adds military installations to the list of key facilities that are considered areas of state interest for purposes of statutory provisions governing areas and activities of state interest (HB 1041 powers). "Military installation" is defined in section 2 of the bill as a base, camp, post, station, airfield, yard, center, or any other land area under the jurisdiction of the United States department of defense, including any leased facility, that is larger than 500 acres. Section 3 of the bill modifies existing statutory provisions requiring local governments to notify military installations of certain zoning changes occurring near such installations in the following respects:
* Current law requires a local government with a military installation within its territory to submit to the commanding officer of the installation information about proposed changes to the local government's comprehensive plan or land development regulations that would affect any territory of the local government within 2 miles of the installation. Section 3 adjusts this provision by requiring a local government with territory within 2 miles of a military installation to submit to the installation commanding officer and the flying mission commanding officer information related to zoning changes that would affect any area within 2 miles of the installation. Section 3 also gives the military installation 60 days within which to review the information and submit comments to the local government on the impact the proposed changes may have on the mission of the military installation.
* Section 3 also requires a county or municipal master plan to reflect the off-site impacts of a military installation using noise contour data provided by the United States department of defense.
* Section 3 modifies the definition of "military facility", as it relates to the applicable statute, to include facilities larger than 500 acres, rather than those larger than 1,000 acres.
* Finally, section 3 also clarifies that nothing in the bill is intended or shall be construed to require a county or municipality to prepare a new master plan in order to satisfy any of the requirements of the bill. Section 4 of the bill adds "military installation" to the list of public places or facilities that may be included in a county or municipal master plan. 
NOT ON CALENDAR05/21/2010 Governor Action - Signed
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Fiscal Note 

 
HB10-1217Repeal Authority Sell Trinidad Nursing MCKINLEY / KESTER The bill repeals the authority of the executive director of the department of human services to sell the Trinidad state nursing home. NOT ON CALENDAR05/06/2010 Senate Committee on Health and Human Services Postpone Indefinitely
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Fiscal Note 

 
HB10-1256Sunset High Tech Prog Advisory Cmt MCNULTY / JOHNSTON Sunset Process - House Transportation and Energy Committee. Repeals the Colorado high technology scholarship program advisory committee. Makes conforming amendments. NOT ON CALENDAR04/15/2010 Governor Action - Signed
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Fiscal Note 

 
HB10-1257Limit Prop Tax Exemption Reductions GEROU / SCHEFFEL If the general assembly has authorized an increase by a specified percentage or more in the number of full-time equivalent employees (FTEs) of the state in the annual general appropriation act (long bill) for the fiscal year commencing during a property tax year, the minimum amount of actual value of residential real property used as the primary residence of an owner-occupier who is a qualifying senior or a qualifying disabled veteran qualifying for exemption from property taxation for the property tax year must be at least $200,000. The bill requires the staff director of the joint budget committee to report the net percentage change in FTEs authorized by the long bill. NOT ON CALENDAR03/05/2010 House Committee on Appropriations Postpone Indefinitely
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Fiscal Note 

 
HB10-1262Green Jobs And Medical Scholarships FRANGAS The bill creates the Colorado green jobs scholarship program (green jobs scholarship program) to assist persons in obtaining training or education for a job in an environmentally friendly growth industry and the Colorado medical services job training scholarship program (medical services scholarship program) to assist persons in obtaining training or education for a job in the medical services industry. The programs shall be implemented and administered through collegeinvest in the department of higher education. In awarding scholarships in both programs, collegeinvest will give priority to applicants who are unemployed or who demonstrate financial need. On or before July 1, 2010, the governor's energy office will provide to collegeinvest a list of environmentally friendly growth industries to use in awarding scholarships pursuant to the green jobs scholarship program. The collegeinvest board of directors (board) shall adopt policies to implement and administer the scholarship programs. A scholarship recipient may use the scholarship toward a skilled trades apprenticeship program or to attend courses and programs at institutions of higher education, including public universities, community colleges, junior colleges, public occupational education schools, and nonpublic institutions of higher education. Collegeinvest shall award and pay a minimum of:
* $500,000 in scholarships pursuant to the 4-year green jobs scholarship program; and
* $1 million in scholarships pursuant to the 4-year medical services scholarship program. The moneys used to pay scholarships shall be from one transfer each to the green jobs scholarship fund and the medical services scholarship fund from the collegeinvest scholarship trust fund and from gifts, grants, or donations. Scholarships shall not be funded from general fund appropriations. Collegeinvest shall report to the general assembly in 2011, 2012, 2013, and 2014 concerning the scholarships awarded. The bill creates separate funds for the green jobs scholarship and medical services scholarship programs. The green jobs scholarship and medical services scholarship programs are repealed, effective July 1, 2014. 
NOT ON CALENDAR04/09/2010 House Committee on Appropriations Postpone Indefinitely
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Fiscal Note 

 
HB10-1263Limit Income Tax Benefit For Comp Paid POMMER / BOYD For purposes of calculating the state income tax, the bill increases Colorado taxable income by an amount equal to the amount of salary or other compensation over $250,000 paid to an individual that is claimed as a federal deduction by a taxpayer. Merrifield, Miklosi, Primavera, Weissmann The bill also limits the amount of a separate state income tax deduction for wages or salaries, which are disallowed from being claimed as a deduction under federal law, to $250,000 per individual. NOT ON CALENDAR04/30/2010 House Committee on Finance Postpone Indefinitely
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Fiscal Note 

EDCC and CACI are strongly opposed to HB-1263, which would limit taxpayer and corporate income tax benefits. The bill is sponsored by Representative Jack Pommer (D-Boulder) and Senator Betty Boyd (D-Lakewood). If this bill becomes law, Colorado will become widely known as anti-business. At a time when Colorado should be focused on attracting more businesses to Colorado and retaining the ones that are now here, this bill discourages those efforts. This bill sends a clear message to business leaders: “Corporate Headquarters Are Not Welcome in Colorado!” The bill has been assigned to the House Finance Committee, but it has not yet been scheduled for its first hearing. A fiscal note has not yet been made public. The bill limits the amount of a state income-tax deduction for wages or benefits from being claimed by a corporation as a deduction under Federal law. The bill also increases as Colorado taxable income any compensation exceeding $250,000 that is claimed as a federal deduction by an individual. The Federal tax code has certain limits ($1 million) on the amount of compensation that a corporation can deduct, but it only applies to publicly-traded corporations for the five most highly compensated employees and to businesses that have received Federal bail-out funds. Both of those situations are very specific in terms of oversight by and accountability to investors. HB-1263, however, places an arbitrary limit on the deduction for compensation paid by any business (incorporated or not, public or private) or taxpayer. While state and local economic developers are trying to attract businesses-- especially high technology “green” jobs--to Colorado, this bill, should it become law, would clearly discourage companies from locating corporate headquarters and high-paying jobs to Colorado because it will limit compensation deductions in computing taxable income for both executives and the corporations. This bill is very far-reaching in that neither the corporation nor the executive needs to be resident or even present in Colorado for the limitation to apply. For example, a corporation that is headquartered in, say, London, that has business activity in Colorado and is required to file a state tax return would be subject to these limits on compensation deductions. The cost of living in those cities is much higher than in Colorado, so salaries are typically higher than an equivalent position in Colorado. This bill as introduced also includes 1099 non-employee compensation. For example, a business pays $500,000 for janitorial services and would only be entitled to deduct $250,000. Because businesses in general purchase “personal services” that are not considered “salaries & wages,” this bill would place a huge cost burden on businesses that use such services; This bill also imposes double taxation on services’ income paid by a business; such income is already taxed more heavily than any other income, factoring in payroll or self-employed taxes. And where did this clever idea come from? Well, it appears that the Colorado Fiscal Policy Institute, which seems to be a part of the Colorado Center on Law and Policy, may be claiming parentage: Limiting the Business Deduction for Excess Compensation February 09, 2010 Colorado taxpayers do not need to subsidize businesses that pay their employees excess compensation. The state can limit how much a business can deduct for employee compensation to $250,000 per employee. The Colorado Fiscal Policy Institute estimates that the bill will force individuals to pay $14.5 million more in taxes and companies would be forced to pay $10.6 million for a total of $25.1 million in new state tax revenue. 
HB10-1269Workplace Fairness Civil Remedies Act LEVY / CARROLL M. Current law does not allow an award of compensatory or punitive damages or attorney fees and costs to a plaintiff who prevails in a lawsuit alleging a discriminatory or unfair employment practice under state law. While federal employment antidiscrimination laws allow such damages and reasonable attorney fees and costs, only employers who employ 15 or Pommer, Solano, Tyler, Weissmann, Carroll T., Frangas, Kagan, Labuda, Pace, Schafer S. more employees are subject to federal law. Moreover, victims of employment discrimination on the basis of sexual orientation are not afforded protections under federal law. Thus, employees who work for employers with fewer than 15 employees or who claim employment discrimination on the basis of sexual orientation are not allowed compensatory or punitive damages or to recover reasonable attorney fees and costs when they prove a case of employment discrimination. The bill establishes the "Workplace Fairness and Civil Rights and Remedies Act of 2010", which would allow the additional remedies of compensatory and punitive damages in employment discrimination cases brought under state law. These damages would be in addition to the remedies allowed under current law, namely, front pay, back pay, interest on back pay, reinstatement or hiring, and other equitable relief that may be awarded. Compensatory damages are to compensate a plaintiff for other pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. If the plaintiff shows by a preponderance of the evidence that the defendant engaged in a discriminatory or unfair employment practice with malice or reckless indifference to the rights of the plaintiff, the plaintiff may recover punitive damages. The bill caps the overall damages, including both compensatory and punitive, if applicable, that may be awarded to a plaintiff, based on the size of the employer defendant, as follows:
* For employers with 14 or fewer employees, not more than $25,000;
* For employers with between 15 and 100 employees, not more than $50,000;
* For employers with between 101 and 200 employees, not more than $100,000;
* For employers with between 201 and 500 employees, not more than $200,000; and
* For employers with more than 500 employees, not more than $300,000. When a plaintiff claims compensatory or punitive damages in a civil lawsuit, either party to the action is entitled to demand a jury trial. If the case is tried by a jury, the court is not to inform the jury of the damage caps. Additionally, the court may award the prevailing party reasonable attorney fees and costs. In the first year after the bill takes effect, compensatory and punitive damages and reasonable attorney fees and costs would only be available against an employer with 15 or more employees. For actions accruing on or after August 11, 2011, these remedies would be available against any employer, regardless of the number of employees it employs. 
NOT ON CALENDAR04/15/2010 House Second Reading Lost with Amendments
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Fiscal Note 

 
HB10-1270Codify DOR Rule Re Computer Software MURRAY / SPENCE The bill codifies into statute the department of revenue's special regulation related to the sales or use tax attributable to sales of computer C., Gerou, Kerr J., King S., Lambert, Liston, Looper, Massey, May, McNulty, Nikkel, Priola, Sonnenberg, Stephens, Summers, Swalm, Tipton, Vaad, Waller software. NOT ON CALENDAR03/09/2010 House Committee on Finance Postpone Indefinitely
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Fiscal Note 

 
HB10-1273Arts Ed For Workforce Development MERRIFIELD / SPENCE & ... In section 1, the bill recognizes the importance of visual arts and performing arts in public education. Section 2 of the bill requires each public school in the state to provide visual arts and performing arts education. Demonstration of proficiency regarding the visual arts and May, McKinley, Middleton, Nikkel, Peniston, Primavera, Roberts, Scanlan, Schafer S., Solano, Todd, Tyler Romer, Tapia, Williams performing arts standards will be a condition of high school graduation from the public schools of the state beginning with the ninth-grade class of 2010-11. Under current law, the state board of education must adopt rules describing the minimum contents of each student's individual career and academic plan. Section 3 of the bill requires each plan to include the student's progress in visual arts and performing arts classes. Sections 4-8 of the bill amend several provisions of the "Preschool to Postsecondary Education Alignment Act" to specifically incorporate visual arts and performing arts education into the standards, assessments, and postsecondary and workforce readiness program that the state board of education and local education providers adopt. Sections 9-13 of the bill recognize the importance of visual arts and performing arts education in preventing student dropouts and in helping local education providers re-engage students in school. Under current law, the office of dropout prevention and student re-engagement, in the department of education, collaborates with several community organizations. The bill includes private nonprofit or for-profit community arts organizations in the list of collaborative agencies. Certain local education providers are currently required to assess their practices related to student dropouts and re-engagement. The bill includes policies and practices related to visual arts and performing arts education in the assessment. Those local education providers that adopt student graduation and completion plans are encouraged to include increased availability of visual arts and performing arts education in those plans. The bill also specifies visual arts and performing arts education as education services for which a local education provider may seek grant moneys under the student re-engagement grant program. Sections 14 and 15 of the bill conform the definition of arts-based activity in the dropout prevention activity grant program with the definitions of visual arts and performing arts created in the bill. Section 16 of the bill clarifies that career and technical education for which a school district, board of cooperative services, or charter school may receive funding includes visual arts and performing arts education. NOT ON CALENDAR05/18/2010 Governor Action - Signed
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Fiscal Note 

 
HB10-1280CO Nonprofit Job Growth Income Tax Cred SUMMERS / ROMER The bill establishes the Colorado nonprofit job creation incentive tax credit for income tax years commencing on or after January 1, 2011, but before January 1, 2017. Upon approval and calculation by a nonprofit intermediary, the bill allows a taxpayer to claim a credit of 25% of any donation made to a qualified nonprofit organization that has applied to the nonprofit intermediary for the ability to solicit donations for purposes of creating nonprofit jobs. The total amount of the credits available in a calendar year is $1 million. The bill allows the nonprofit intermediary to review the applications of nonprofit organizations and determine if the applications meet the necessary qualifications. The bill allows the credit to be carried forward for 7 years but not refunded. The bill establishes the methods for issuing credit certificates as well as the application process. The bill also grants the department of revenue rule-making authority. NOT ON CALENDAR04/09/2010 House Committee on Appropriations Postpone Indefinitely
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Fiscal Note 

 
HB10-1282Moratorium Coal-solar Power Plant Close KING S. & ... / PENRY The bill imposes a moratorium on the closing of any coal-solar power plants until July 1, 2012. "Coal-solar power plant" is defined as an investor-owned, coal-fired electric generation facility that integrates solar thermal technology. NOT ON CALENDAR05/11/2010 House Second Reading Laid Over to 06/09/2010
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Fiscal Note 

 
HB10-1287Using State-owned Vehicles For Commuting LAMBERT / CADMAN The bill makes the following changes related to the use of a state-owned motor vehicle for commuting purposes:
* Prohibits commuting unless the job description of an officer or employee of a state agency includes the provision of a public health, safety, or emergency response service outside of business hours;
* Eliminates the ability of a state agency to waive reimbursement to the state for commuting;
* Requires a state agency to provide a report about commuting to the division of central services in the department of personnel; and
* Establishes a civil penalty for any individual who fails to reimburse the state for commuting. 

Bill HB10-1287 - LAMBERT / CADMAN Using State-owned Vehicles For Commuting
   Wednesday, May 12 2010
   THIRD READING OF BILLS--FINAL PASSAGE--CONSENT CALENDAR
   (10) in senate calendar.  

06/07/2010 Governor Action - Vetoed
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Fiscal Note 

 
HB10-1289Telecommunications Sales Tax Exemption LISTON / SCHEFFEL The bill creates a phased-in exemption from the sales and use tax for purchases in excess of $500 of machinery and machine tools to be used in the state directly and predominantly for providing telecommunications service for sale or profit. Beginning on July 1, 2012, Scanlan, Schafer S., Stephens, Tipton the exemption is 25% of the purchase price, and this percentage increases by 25% each state fiscal year thereafter until the entire purchase price is exempted. NOT ON CALENDAR03/05/2010 House Committee on Appropriations Postpone Indefinitely
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Fiscal Note 

 
HB10-1292Conditions On Land-use Approval MURRAY / HARVEY In connection with conditions that may be imposed on land-use approvals by local governments under statutory provisions governing the regulatory impairment of property rights, the bill addresses the construction of the requirement prohibiting a local government from imposing any discretionary condition upon a land-use approval unless the condition is based upon duly adopted standards that are sufficiently specific to ensure that the condition is imposed in a rational and consistent manner. The bill clarifies that the phrase "any discretionary condition" refers back to the constitutionally based conditions found in a previous provision and, accordingly, does not create an independent cause of action under the statute. NOT ON CALENDAR03/29/2010 Senate Second Reading Laid Over to 05/13/2010
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Fiscal Note 

 
HB10-1327Cash Fund Transfers Augment General Fund POMMER / WHITE Budget Package Bill. For the purpose of augmenting the amount of revenues in the state general fund for the 2009-10 state fiscal year, the state treasurer is required to transfer specified amounts of moneys to the general fund from the following funds:
* The employment support fund;
* The higher education maintenance and reserve fund;
* The motor fleet management fund;
* The public safety communications trust fund;
* The emergency controlled maintenance account in the capital construction fund;
* The waste tire recycling development cash fund;
* The processors and end users of waste tires cash fund;
* The local government permanent fund;
* The Colorado water conservation board construction fund;
* The operational account of the severance tax trust fund;
* The local government severance tax fund;
* The law enforcement assistance fund for the prevention of drunken driving and the enforcement of laws pertaining to driving under the influence of alcohol or drugs (referred to as the LEAF fund). The transfers from the specified funds will occur on the effective date of the bill. 
NOT ON CALENDAR04/15/2010 Governor Action - Signed
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Fiscal Note 

 
HB10-1328New Energy Jobs Creation Act MIKLOSI / SCHWARTZ Section 1 of the bill creates the Colorado new energy improvement district (district) as an independent public body corporate and a public instrumentality performing an essential public function, clarifies that, under applicable Colorado supreme court case law, the district is not subject to the provisions of the taxpayer's bill of rights, and specifies the qualifications, manner of appointment, and terms of the board of directors of the district. Section 1 of the bill also specifies that the purpose of the district is to help provide the special benefits of new energy improvements to owners of eligible real property who voluntarily join the district by establishing, developing, financing, and administering a new energy improvement program (program) in counties that have approved the conduct of the program by the district through which the district can provide assistance to any such owner in completing a new energy improvement by providing reimbursement or a direct payment for all or a portion of the cost of completing a new energy improvement and further specifies the powers and duties of the district, including but not limited to the power to:
* Develop and implement a process by which an owner of eligible real property may join the district;
* Impose special assessments on eligible real property included in the district; and
* Issue bonds payable from the special assessments for the purpose of generating the moneys needed to make a reimbursement or a direct payment to district members for all or a portion of the cost of completing new energy improvements. Section 1 of the bill also requires the public utilities commission to:
* Determine the extent to which the marketing, promotional, and other efforts of a utility for which the commission has developed demand-side management targets or goals have contributed to energy efficiency improvements funded by the district; and
* Allow a utility to count the related energy savings towards compliance with the targets or goals using any method deemed appropriate by the commission. Section 2 of the bill requires the state auditor to conduct or cause to be conducted an annual performance audit and an annual financial audit of the district and the program and prepare and present to the legislative audit committee an annual report and recommendations on each audit conducted. Section 3 of the bill makes a conforming amendment. 
NOT ON CALENDAR06/11/2010 Governor Action - Signed
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Fiscal Note 

 
HB10-1333Green Jobs CO Training Pilot Program VIGIL / SCHWARTZ & ... The bill creates in the office of the governor the green jobs Kagan, Kefalas, Levy, Massey, McFadyen, McKinley, Middleton, Miklosi, Pace, Peniston, Pommer, Riesberg, Ryden, Scanlan, Schafer S., Solano, Soper, Tyler Colorado training program, which is a 2-year pilot program. The pilot program will offer grants to applicants who train individuals for jobs in the wind, solar, renewable energy, and energy efficiency industries. The bill also creates the green jobs Colorado advisory council, which will review grant applications and award grants to applicants who meet the requirements specified in the bill. The bill specifies that the pilot program is to be funded by federal funds received by the department of labor and employment for the purposes of the pilot program and by funds received from the governor's energy office. Finally, the bill requires the executive director of the department of labor and employment to evaluate the green jobs Colorado training program and report his or her findings to the governor and the legislative committees of reference assigned in the bill. NOT ON CALENDAR06/11/2010 Governor Action - Signed
No news items found

Fiscal Note 

 
HB10-1350Reqmnts For Economic Incentives PACE / CARROLL M. The bill requires any entity that receives public moneys for the purpose of economic development to file an annual report, along with a filing fee, to the Colorado economic development commission (commission). The also bill specifies the contents of the report and requires the commission to include any reports received in its annual presentation to the general assembly. If the commission finds, in its discretion, that a recipient of an economic incentive has not complied with the requirements of the incentive, the commission has the authority to recapture any public moneys expended on the economic incentive. NOT ON CALENDAR05/07/2010 Senate Second Reading Lost with Amendments
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Fiscal Note 

EDCC Continues to be opposed to this bill. 
HB10-1354Approval Of Legislative Interim Studies BENEFIELD & ... / MORSE Under section 1 of the bill, all interim studies will be one-year studies conducted by the appropriate joint committee of reference of the general assembly, based on the issues to be studied. If a legislator seeks authorization for an interim study, he or she will introduce a joint resolution (resolution) that, at a minimum, identifies the issues to be DelGrosso, Ferrandino, Frangas, Gagliardi, Gardner C., Gerou, Hullinghorst, Kerr J., King S., Labuda, McFadyen, Merrifield, Middleton, Miklosi, Murray, Nikkel, Rice, Roberts, Scanlan, Schafer S., Solano, Summers, Swalm, Tipton, Todd, Vaad, Vigil studied and the joint committee of reference that will conduct the study. The legislative council will be the committee of reference for all resolutions that authorize an interim study. If the legislative council approves the resolution, the legislative council must amend the resolution to specify the number of interim committee days that are allocated to the interim study. The legislative council will not allocate more than 25 interim committee days in any one interim or such other number of days as may be budgeted for in the legislative department budget for the applicable budget year. The chairs of the joint committee of reference may appoint subcommittees of the committee to conduct the study or studies assigned to it, but any bills or joint resolutions recommended as a result of a study must be approved by a majority of the members of the joint committee of reference. The chairs may also appoint a task force of interested persons from the community to advise the joint committee of reference or a subcommittee and shall appoint such a task force if required by the resolution that authorized the study. Any bills that a joint committee of reference chooses to recommend must be pertinent to the policy issues identified in the resolution that authorized the interim study. The joint committee of reference may also recommend a joint resolution to continue the interim study for another year if necessary. The recommended bills will be considered interim committee bills and will not count against a legislator's 5-bill limit only if the interim study met the statutory requirements for interim studies and was approved by the legislative council. The president of the senate and the speaker of the house of representatives shall each appoint to the joint committee of reference a prime sponsor of the resolution if at least one of the prime sponsors in each house is not a member of the joint committee of reference. The legislative staff agencies will provide staff support, as necessary, for each joint committee of reference, or subcommittee, that conducts an interim study. A joint committee of reference conducting an interim study will not be allowed to accept in-kind donations of services from a private organization unless the services are in addition to and not in lieu of the services normally provided by legislative staff. Sections 2 through 27 of the bill repeal the interim committees that currently are established in statute and make conforming amendments, including specifying the appropriate committees of reference for reports that, under current law, are submitted to statutory interim committees. NOT ON CALENDAR04/30/2010 Senate Second Reading Lost with Amendments
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Fiscal Note 

 
HB10-1365Incent Util Convert Coal To Natural Gas SOLANO & ... / WHITEHEAD & ... In order to meet anticipated federal "Clean Air Act" requirements to reduce emissions from coal-fired power plants, section 1 of the bill Gerou, Hullinghorst, Kagan, Kerr A., Kerr J., King S., Levy, Liston, Looper, Massey, May, McFadyen, McNulty, Merrifield, Middleton, Miklosi, Peniston, Pommer, Primavera, Rice, Ryden, Scanlan, Schafer S., Stephens, Todd, Tyler, Vaad, Vigil requires all rate-regulated utilities that own or operate coal-fired electric generating units to submit to the public utilities commission (PUC) an emission reduction plan for emissions from those units covering the lesser of 900 megawatts or 50% of the utility's coal-fired electric generating units in Colorado. The plans have to give primary consideration to replacing or repowering coal-fired electric generators with natural gas and to also consider other low-emitting resources, including energy efficiency. The PUC will provide the department of public health and environment (department) an opportunity to comment on the utilities' plans. The department will determine whether certain new or repowered electric generating units proposed under the plans will emit more than 1,100 pounds of carbon dioxide per megawatt-hour and whether the plans comply with applicable requirements of the federal and state clean air laws. The plans are to be implemented by December 31, 2017. In evaluating the plans, the PUC is to consider the following factors: The pollution reductions to be achieved; the increased use of existing natural gas-fired electric generating capacity; and the plan's effect on economic development, electricity reliability, cost and rate increases, compliance with renewable energy standards, and reliance on energy efficiency or other low-emitting resources. The PUC is to approve, deny, or modify the plans by December 15, 2010. The utilities' actions in complying with the plans are presumed to be prudent actions, the costs of which are recoverable in rates. The air quality control commission will consider incorporating the emissions reductions derived from the plans into the regional haze element of the state implementation plan. Early reductions of greenhouse gas emissions will count as voluntary for purposes of early reduction credits under federal law. Section 2 authorizes the PUC to approve interim rates taking effect no later than 60 days after a rate increase filing. Section 3 directs the PUC to require a utility to rebate rates if a final rate is lower than an interim rate. NOT ON CALENDAR04/19/2010 Governor Action - Signed
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Fiscal Note 

 
HB10-1366Prohibitions On Circulating Petitions APUAN / NEWELL The bill makes it unlawful for any person who is on parole or probation for offenses involving unlawful sexual behavior or felony fraud Scanlan, Todd to act as a petition circulator. NOT ON CALENDAR05/07/2010 Senate Committee on Finance Postpone Indefinitely
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Fiscal Note 

 
HB10-1368County Land-use Approval Under PUD Act SCANLAN Current law prohibits the construction or authorization of certain public projects in the unincorporated area of a county unless the proposed location and extent of the project are submitted to and approved by the county. Court cases have construed this provision to exempt political subdivisions such as special districts from complying with county planning and zoning requirements for public projects, particularly in connection with public projects on land encompassed within a planned unit development already subject to county regulations. The bill modifies the statutory provision requiring the location and extent review to clarify that the review does not waive or exempt any political subdivision from compliance with regulations adopted by the county pursuant to the "Planned Unit Development Act of 1972". NOT ON CALENDAR04/22/2010 House Committee on Local Government Postpone Indefinitely
No news items found

Fiscal Note 

 
HB10-1369Financing Of Public Schools SCANLAN & ... / BACON The bill amends the "Public School Finance Act of 1994" to modify the funding for public schools from kindergarten through the twelfth grade for the 2010-11 budget year. Statewide base per pupil funding. For the 2010-11 budget year, the statewide base per pupil funding increases to $5,529.71 to account for a -0.6% inflation rate plus one percentage point. State budget stabilization reduction. To assist in stabilizing the state budget, for the 2010-11 budget year, a reduction in the amount of the annual appropriation to fund the state's share of total program funding for all school districts (districts) and the funding for institute charter schools is necessary. The department of education (department) and the legislative council staff are required to determine the amount of the reduction that will ensure that the total program funding for all districts, including the funding for institute charter schools, will not be less than $5,438,295,823 for the 2010-11 budget year. Said amount is $260 million less than the amount of total program funding associated with the original appropriation for the state's share of total program funding for all districts and the funding for institute charter schools for the 2009-10 budget year. The department will calculate and apply the reduction to all districts. Specifically, the department will:
* Calculate a state budget stabilization factor by dividing the reduction amount as determined by the department and the legislative council staff by the sum of total program for all districts for the 2010-11 budget year as calculated pursuant to current law; and
* Calculate the amount of each district's state budget stabilization reduction by multiplying the district's total program for the 2010-11 budget year as calculated pursuant to current law by the state budget stabilization factor. A district's total program funding for the 2010-11 budget year shall be the greater of:
* The amount of the district's total program as calculated pursuant to current law, including any funding for institute charter schools, minus the district's state budget stabilization reduction amount; or
* The base per pupil funding amount multiplied by the district's funded pupil count. The department will also apply the state budget stabilization factor to a district's on-line funding and a district's accelerating students through concurrent enrollment (ASCENT) program pupil funding. Categorical buy-out districts - hold mill levy harmless. For any district that levies the number of mills that will generate property tax revenue in an amount equal to the district's total program (categorical buy-out district), the district's total program shall be the district's total program as calculated before the budget stabilization factor is applied. Categorical buy-out districts - application of state budget stabilization reduction. In any budget year in which the state budget stabilization reduction is applied to total program, each categorical buy-out district shall reduce the amount of property tax revenue that it is authorized to raise and expend pursuant to a mill levy override election by the amount of the district's state budget stabilization reduction. District's mill levy override limit - hold harmless. For the purpose of determining the maximum amount of additional local property tax revenues that a district may receive, a district's total program shall be the district's total program as calculated before the budget stabilization factor is applied. 
NOT ON CALENDAR05/21/2010 Governor Action - Signed
No news items found

Fiscal Note 

 
HB10-1370Ballot Measure Disclosure Requirements COURT / STEADMAN Section 1 of the bill makes legislative findings and declarations. Section 2 of the bill requires the secretary of state to notify the proponents of a statewide initiative petition at the time a petition is approved that the proponents must register an issue committee if 200 or more petition sections are printed or accepted in connection with Hullinghorst, Kagan, Kerr A., King S., Labuda, Levy, Looper, Massey, McCann, McFadyen, Merrifield, Middleton, Miklosi, Murray, Pace, Peniston, Pommer, Primavera, Rice, Roberts, Ryden, Scanlan, Schafer S., Solano, Soper, Todd, Tyler, Vaad, Vigil, Weissmann circulation of the petition. Section 3 of the bill requires each person who submits written comments to the staff of legislative council for the general assembly in connection with drafting the arguments for and against the initiated or referred measures contained in the ballot information booklet (blue book) to provide certain identifying information. The arguments for and against each measure in the analysis section of the blue book shall be preceded by a phrase referencing the secretary of state's election center web site address containing information on those issue committees that support or oppose the measures at the upcoming election. Section 4 of the bill clarifies "major purpose" for purposes of the campaign and political finance provisions of the state constitution. Section 5 of the bill makes a conforming amendment. Section 6 of the bill requires an issue committee that makes an expenditure in excess of $1,000 on a communication that is broadcast, printed, mailed, or delivered to disclose, in the communication produced by the expenditure, the name of the issue committee making the expenditure. The bill specifies how the disclaimer must appear in the communication. Section 7 of the bill specifies that upon a determination by the office of administrative courts that an issue committee knowingly or intentionally failed to file a report required pursuant to the state's campaign finance laws, the administrative law judge shall direct the issue committee to file any such report within 10 days and may, in addition to any other penalty, impose a penalty not to exceed $20 for each contribution received and expenditure made by the issue committee that was not timely reported. NOT ON CALENDAR05/25/2010 Governor Action - Signed
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Fiscal Note 

 
HB10-1376Long Appropriations Bill POMMER / KELLER *** No bill summary available *** NOT ON CALENDAR04/29/2010 Governor Action - Signed
No news items found  
HB10-1381Tobacco Revenues Offset Medical Services FERRANDINO / WHITE Budget Package Bill. Pursuant to a declaration of a state fiscal emergency under section 21 of article X of the state constitution, for the 2010-11 fiscal year only, the bill allows tobacco tax revenues in the tobacco education programs fund, the prevention, early detection, and treatment fund, and the health disparities grant program fund to be used for any health-related purpose and to serve populations enrolled in the children's basic health plan and the Colorado medical assistance program at the programs' respective levels of enrollment as of January 1, 2005. The bill amends the tobacco cash fund statute to reflect the declaration of a state fiscal emergency for fiscal year 2010-11. NOT ON CALENDAR05/06/2010 Governor Action - Signed
No news items found

Fiscal Note 

 
HB10-1382Repeal Delay Of Pub Med Asst Prog Pmts FERRANDINO / WHITE Budget Package Bill. Senate Bill 09-265 authorized the department of health care policy and financing to delay the last normal provider payment cycle for the 2009-10 fiscal year until after July 1, 2010. The bill repeals this authorization. Senate Bill 09-265 also specified that after June 1, 2010, capitated payments made to various managed care entities shall be made on the first day of the month following the enrollment of recipients in the managed care entity. The bill repeals these provisions. NOT ON CALENDAR05/06/2010 Governor Action - Signed
No news items found

Fiscal Note 

 
HB10-1383Funding Financial Assistance Higher Ed POMMER / WHITE Budget Package Bill. The bill expands the use of the collegeinvest scholarship trust fund to include funding need-based financial aid. The bill makes a one-time transfer of $29.8 million from the collegeinvest scholarship trust fund to the general fund. The bill removes the requirement for fiscal year 2010-11 concerning increasing appropriations for student financial assistance. NOT ON CALENDAR06/07/2010 Governor Action - Signed
No news items found

Fiscal Note 

 
HB10-1386Property Tax Exemption Filing Fees FERRANDINO / WHITE Budget Package Bill. The bill adjusts the filing fees that accompany applications to the property tax administrator (administrator) for tax-exempt status for real and personal property and that accompany annual reports filed by owners of exempt property. Currently, the fees charged by the administrator are not adequate to fully fund the administrator's related costs. The bill sets new minimum fee amounts and allows the administrator to adjust the fees on an annual basis by rule to ensure that the fees remain adequate to fully fund the related costs. The bill also gives the administrator discretion to waive late filing fees for good cause shown as determined by the administrator. NOT ON CALENDAR05/27/2010 Governor Action - Signed
No news items found

Fiscal Note 

 
HB10-1387Finance Driver's Licenses DOR POMMER / WHITE Budget Package Bill. Sections 1 to 5 of the bill permanently divert from the highway users tax fund (HUTF) to the licensing services cash fund the revenue from the fees for driver's license examinations and issuance or renewal of instruction permits, driver's licenses, and identification cards. Section 6 permits the use of funds in the motorist insurance identification subaccount of the HUTF to be used for expenses incurred by the department of revenue in licensing drivers and issuing identification cards. Section 7 permits the use of funds in fiscal year 2010-11 in the HUTF "off-the-top" appropriation to be used for the expenses incurred by the department of revenue in licensing drivers and issuing identification cards. Section 8 makes corresponding adjustments to the 2010-11 long bill. NOT ON CALENDAR05/05/2010 Governor Action - Signed
No news items found

Fiscal Note 

 
HB10-1388Cash Fund Transfers Augment General Fund FERRANDINO / TAPIA Budget Package Bill. For the purpose of augmenting the amount of revenues in the state general fund for the 2010-11 state fiscal year, on June 30, 2011, the state treasurer is required to transfer specified amounts of moneys to the general fund from the following funds:
* The medical marijuana program cash fund;
* The perpetual base account of the severance tax trust fund;
* The local government severance tax fund; and
* The alternative fuels rebate fund. 
NOT ON CALENDAR06/07/2010 Governor Action - Signed
No news items found

Fiscal Note 

 
HB10-1390FY 2010-11 General Fund Reserve POMMER / WHITE Budget Package Bill. If the June 2010 revenue estimate for the 2010-11 state fiscal year indicates that general fund expenditures based on appropriations then in effect will exceed the amount of general fund revenues available, excluding the statutorily required reserve, upon written order, the governor may further reduce the 4% reserve to a lower percentage but to not less than 2% as is necessary to cover, to the greatest extent possible, any general fund appropriations for which general fund revenues would not otherwise be available. NOT ON CALENDAR05/03/2010 House Second Reading Laid Over to 06/09/2010
No news items found

Fiscal Note 

 
HB10-1393Transparency Online Project Information NIKKEL / KOPP In 2009, the governor issued an executive order to create a web-based system that allows public access to government revenue and expenditures data, which system is commonly known as the "transparency online project". The web-based system was thereafter modified by law. Kopp, The bill modifies the web-based system by:
* Expanding the type of information that may be excluded from the web-based system and the type of information that may be aggregated;
* Describing the information excluded from the web-based system and creating a process for challenging an exclusion;
* Waiving liability of the chief information officer of the state and the state controller for the inclusion, based upon reasonable reliance on representations by a state agency, of any information in the web-based system; and
* Clarifying that web-based system reports are to be made available for download. 
NOT ON CALENDAR05/27/2010 Governor Action - Signed
No news items found

Fiscal Note 

 
HB10-1396Enterprise Zone Tax Credits JUDD Currently, several income tax and sales and use tax credits are available to qualified taxpayers through the "Urban and Rural Enterprise Zone Act" (act). The bill eliminates the credits available through the act as of January 1, 2011. Specifically, the bill limits the following income tax credits Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. allowed pursuant to the act to income tax years commencing prior to January 1, 2011: The credit for contributions to enterprise zone administrators to implement economic development plans, the credit for investment in property that is used solely and exclusively in an enterprise zone for at least a year, the credit for an investment made in a qualified job training program, the credit for hiring new business facility employees, the credit for expenditures in research and experimental activities for the purpose of carrying out trade or business, and the credit for an expenditure to rehabilitate a vacant building. In addition, beginning on January 1, 2011, the bill eliminates the sales and use tax exemption for purchases of machinery or machine tools to be used solely and exclusively in an enterprise zone. NOT ON CALENDAR04/28/2010 House Committee on Finance Postpone Indefinitely
No news items found

Fiscal Note 

 
HB10-1397Employee Accrued Paid Sick Time PENISTON / CARROLL M. The bill creates the "Healthy Families and Workplaces Act" (act), which requires all private employers in Colorado to provide paid sick leave to their employees, accrued at one hour of sick leave for every 30 hours worked, subject to the following limits:
* For employers employing 10 or more employees, the employer is not required to provide more than a total of 72 hours of paid sick leave in a 12-month period; and
* For employers employing fewer than 10 employees, the employer is not required to provide more than a total of 40 hours of paid sick leave in a 12-month period. An employee would start accruing paid sick leave when his or her employment begins and would be permitted to use his or her accrued paid sick leave as it is accrued. Additionally, an employee would be allowed to carry forward and use in subsequent calendar years paid sick leave that is not used in the year in which it is accrued, subject to the caps on the total amount of leave allowed in a 12-month period. Employees may use accrued paid sick leave to be absent from work for the following purposes:
* The employee has a mental or physical illness, injury, or health condition, needs a medical diagnosis, care, or treatment related to such illness, injury, or condition, or needs to obtain preventive medical care;
* The employee needs to care for a family member who has a mental or physical illness, injury, or health condition, needs a medical diagnosis, care, or treatment related to such illness, injury, or condition, or needs to obtain preventive medical care;
* The employee or family member has been the victim of domestic abuse, sexual assault, or stalking and needs to be absent from work for purposes related to such crime; or
* A public official has ordered the closure of the school or place of care of the employee's child or of the employee's place of business due to a public health emergency, necessitating the employee's absence from work. The bill prohibits an employer from retaliating against an employee who uses his or her paid sick leave or otherwise exercises his or her rights under the act. Employers are required to notify employees of their rights under the act by providing employees with a written notice of their rights and displaying a poster, developed by the division of labor (division) in the department of labor and employment, detailing employees' rights under the act. Employers must retain records documenting, by employee, the hours worked, paid sick leave accrued, and paid sick leave used and make such records available to the division to monitor compliance with the act. The director of the division will implement and enforce the act and adopt rules necessary for such purposes. The bill treats an employee's information about his, her, or a family member's health condition or domestic abuse, sexual assault, or stalking case as confidential, and prohibits an employer from disclosing such information or requiring the employee to disclose such information as a condition of using paid sick leave. Employers, including public employers, that provide comparable paid leave to their employees and allow employees to use that leave as permitted under the act are not required to provide additional paid sick leave to their employees. Employees covered by a collective bargaining agreement would not be entitled to sick leave under the act if the collective bargaining agreement expressly waives the requirements of the act and provides an equivalent benefit to covered employees. 
NOT ON CALENDAR04/07/2010 House Committee on Business Affairs and Labor Postpone Indefinitely
No news items found  
HB10-1409State Employee Compensation POMMER / TAPIA Under current law, employees in the state personnel system are eligible for periodic salary increases based on performance. The department of personnel is currently responsible for developing guidelines and coordinating a performance system containing certain components. Employee salaries may be increased or left unchanged subject to available appropriations, and no annual increase in salary is guaranteed. The bill phases in changes to the compensation system from a performance award based system to a system based on annual incremental rate increases in salary within an employee's pay grade or pay range for each position in the state personnel system. Specifically, the bill requires the state personnel director (director) to adopt procedures for implementing annual incremental rate increases in salary based on employee performance and core job competency requirements. The director's annual report to the joint budget committee (JBC) on compensation must include the total dollar amount appropriated for personal services used to fund annual incremental rate increases in employee salaries. The date by which the director must submit to the governor and JBC of the general assembly the annual compensation report and recommendations and estimated costs for state employee compensation for the next fiscal year is changed from August 1 to October 1 of each year. For the 2012-13 fiscal year and each fiscal year thereafter, the recommended changes to salaries and any adjustments to the recommended changes made by the general assembly in the annual general appropriation act shall be effective on July 1 of the ensuing fiscal year unless the general assembly, following the adoption of a joint resolution declaring a fiscal emergency and approval thereof by the governor, acting by bill, does not appropriate moneys to implement the recommended changes to salaries and any adjustments to the recommended changes for that fiscal year. On or before July 1, 2010, the director shall establish a pay plan that specifies 12 annual incremental salary rates within the pay grade or pay range for each job classification in the state personnel system. The salary rate within the applicable pay grade or pay range is specified for employees in the state personnel system who were hired prior to January 1, 2001, and on or after January 1, 2001. For the 2010-11 and 2011-12 fiscal years:
* An employee of the department of public safety or of a department of state government or an institution of higher education that has implemented the incremental salary increase pay plan may advance to a higher salary rate within the employee's pay grade or pay range for the employee's position based on a satisfactory performance evaluation;
* A salary increase for an employee attributable to the movement to a higher salary rate within the employee's pay grade or pay range shall be funded from an amount appropriated for personal services in the annual general appropriation act for the division, section, unit, office, or agency with which the employee is employed that is attributable to vacant classified positions, not to exceed 1% of the total amount of such appropriation;
* The amount of that personal services appropriation shall be utilized first to advance those employees who were hired on or after January 1, 2001, to a higher salary rate within the employee's applicable pay grade or pay range and, thereafter, to the extent any such amount is available, to advance those employees who were hired prior to January 1, 2001, to such higher salary rate;
* Upon the authorization of the governor, the attorney general, secretary of state, state treasurer, or the governing board of a state-supported institution of higher education, the respective department or institution shall implement the incremental salary increase pay plan for the employees of the department or institution in the state personnel system. For the 2012-13 fiscal year and each fiscal year thereafter:
* An employee in the state personnel system may advance to a higher salary rate within the employee's pay grade or pay range based on a satisfactory performance evaluation and the achievement of the core job competencies established by the director; and
* Each of the principal departments of state government shall specify in the annual budget request for the department the amount necessary to advance the employees of such department to higher salary rates within employees' pay grades or pay ranges. On or before July 1, 2013, the director and the executive director of each principal department, following consultation in good faith with state employee representatives and employee organizations, shall identify and establish core job competencies specific to positions in the state personnel system. The director is authorized to adopt appropriate procedures to implement the bill. 

Bill HB10-1409 - POMMER / TAPIA State Employee Compensation
   Wednesday, May 12 2010
   THIRD READING OF BILLS--FINAL PASSAGE--CONSENT CALENDAR
   (19) in senate calendar.  

06/07/2010 Governor Action - Vetoed
HB10-1409: Union Presses Ritter on Pay-Raise Bill

Fiscal Note 

 
HB10-1410State Employee Salary Paid On June 30 RICE / STEADMAN Currently, state employees are paid on the first working day in July of each year for work performed during the month of June. The bill requires the state treasurer to transfer any general fund moneys appropriated to all principal departments in the executive branch of state government and all offices and agencies in the legislative and judicial departments that are unexpended and unencumbered at the end of the fiscal year to the state employee payday shift fund (fund) created in the bill. The moneys in the fund are appropriated by the general assembly to the departments, offices, and agencies and are first used to pay the salaries of state employees who are paid on a biweekly basis. Next, any remaining moneys in the fund are used to pay the salaries of state employees who are paid on a monthly basis. Departments, offices, and agencies fulfill their payroll obligations in this manner until all payroll obligations of the respective departments, offices, and agencies for work performed in June are paid in June rather than the first working day in July. NOT ON CALENDAR05/03/2010 House Third Reading Lost
No news items found

Fiscal Note 

 
HB10-1418Community-based Renewable Energy Proj MCFADYEN & ... / BACON With regard to the renewable energy portfolio standard, the bill:
* Allows each kilowatt-hour of electricity generated from eligible energy resources at a community-based project to be counted as 2 kilowatt hours; Bacon,
* Prohibits qualifying retail utilities from claiming the benefit of this new multiplier for any electricity that the qualifying retail utility claims for satisfaction of the distributed generation requirement enacted by House Bill 10-1001; and
* Modifies the definition of a "community-based project" to mean either a project that interconnects to electric transmission or distribution facilities owned by a Colorado cooperative electric association or municipal utility or a project that is owned by an organization or cooperative that is controlled by individual residents of the community. 

Bill HB10-1418 - MCFADYEN & ... / BACON Community-based Renewable Energy Proj
   Wednesday, May 12 2010
   CONSIDERATION OF SENATE AMENDMENTS
   (13) in house calendar.  

06/10/2010 Governor Action - Signed
No news items found

Fiscal Note 

 
HB10-1421Decommission Of One DOC Prison MAY & ... / KING K. & ... The executive director of the department of corrections is required to decommission one state-run correctional facility that has a bed capacity of at least 500 by November 1, 2010. At least 20% of the savings from the closure must be directed to the private prison per diem rate for recidivism-reduction programs. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. 

Bill HB10-1421 - MAY & ... / KING K. & ... Decommission Of One DOC Prison
   Wednesday, May 12 2010
   THIRD READING OF BILLS--FINAL PASSAGE--CONSENT CALENDAR
   (15) in senate calendar.  

05/12/2010 House Considered Senate Amendments - Result was to Adhere
Prison Closure, Nursing Home Bills Killed

Fiscal Note 

 
HB10-1423Init Petition Circulator Residency COURT / HEATH Currently, an initiative petition circulator must be a resident of the state. The bill eliminates this requirement and changes the notarized petition affidavit to reflect that residency is no longer required. Heath, NOT ON CALENDAR04/26/2010 Introduced In House - Assigned to State, Veterans, & Military Affairs
No news items found  
HB10-1424Deadline For Filing Initiative Petition COURT / HEATH House Bill 09-1326 modified the deadline for filing an initiative petition with the secretary of state from 3 months prior to the election at which the initiative is to be voted on to 3 months and 3 weeks prior to such election. The bill returns the language of the statutes that referenced the deadline to the same form as it existed prior to House Bill 09-1326. Heath, NOT ON CALENDAR04/26/2010 Introduced In House - Assigned to State, Veterans, & Military Affairs
No news items found  
HB10-1426Trinidad State Nursing Home Fund RIESBERG & ... / WILLIAMS & ... Currently all moneys related to all state nursing homes and state veterans nursing homes are deposited in a central fund for state nursing homes. The bill establishes the Trinidad state nursing home cash fund to receive all moneys related to the Trinidad state nursing home. The fund will be exempt from the limits on uncommitted reserves. (None), 

Bill HB10-1426 - RIESBERG & ... / WILLIAMS & ... Trinidad State Nursing Home Fund
   Wednesday, May 12 2010
   THIRD READING OF BILLS--FINAL PASSAGE--CONSENT CALENDAR
   (21) in senate calendar.  

05/12/2010 House Considered Senate Amendments - Result was to Adhere
Prison Closure, Nursing Home Bills Killed

Fiscal Note 

 
HB10-1429Legislative Review Of Tax Benefits WEISSMANN The bill requires the finance committees of the house of representatives and the senate (joint finance committee) to jointly conduct meetings on an annual basis to review specified state tax benefits and determine whether they should be continued, repealed, or modified. The meetings will be during the legislative session or, if approved by the executive committee of legislative council, during the interim. State tax benefits include credits against and exemptions from the state severance Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. tax, gasoline and special fuel tax, alcohol beverage tax, sales and use tax, and income tax. In making their determination regarding a tax benefit, the joint finance committee shall consider:
* Any known economic benefits related to the tax benefit;
* Whether the tax benefit is accomplishing the purpose for which it was created;
* The amount of state and local government tax revenue that is directly lost as a result of the tax benefit;
* The fairness of the tax benefit; and
* Whether the tax benefit is in the public interest. Legislative council staff will prepare a report on the fiscal impact of each tax benefit prior to the joint finance committee's meetings. The director of legislative council staff will also be responsible for determining which sales and income tax benefits are reviewed in a particular year. The department of revenue shall, to the extent reasonable, provide legislative council staff with aggregated information to assist in the preparation of the report. Any legislation recommended by the joint finance committee to repeal or modify any tax benefit shall not be subject to any introduction deadlines or bill limitations imposed by the rules of the general assembly. 
NOT ON CALENDAR05/04/2010 House Second Reading Lost with Amendments
No news items found

Fiscal Note 

 
HCR10-1003Severance Tax Revenue For Rainy Day Fund CURRY / PENRY *** No bill summary available *** NOT ON CALENDAR04/30/2010 House Committee on Appropriations Postpone Indefinitely
No news items found

Fiscal Note 

 
HCR10-1005Exempt Possessory Interests In Real Prop BAUMGARDNER / KOPP *** No bill summary available *** 

Bill HCR10-1005 - BAUMGARDNER / KOPP Exempt Possessory Interests In Real Prop
   Wednesday, May 12 2010
   THIRD READING OF BILLS--FINAL PASSAGE--CONSENT CALENDAR
   (22) in senate calendar.  

06/01/2010 Signed by the Speaker of the House
No news items found

Fiscal Note 

 
HCR10-1006Voter Approval For Tax Policy Changes MCNULTY / BROPHY *** No bill summary available *** NOT ON CALENDAR05/04/2010 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
No news items found

Fiscal Note 

 
HCR10-1008Moneys Appropriated By The GA LAMBERT / SCHULTHEIS *** No bill summary available *** NOT ON CALENDAR05/05/2010 House Committee on Finance Postpone Indefinitely
No news items found

Fiscal Note 

 
HJR10-1016Convening Date For 2011 Regular Session WEISSMANN / MORSE *** No bill summary available *** NOT ON CALENDAR06/07/2010 Signed by the Speaker of the House
No news items found  
HJR10-1022Change Hatch Act For Rural Gov Employees TIPTON & ... / WHITE *** No bill summary available *** 

Bill HJR10-1022 - TIPTON & ... / WHITE Change Hatch Act For Rural Gov Employees
   Wednesday, May 12 2010
   CONSIDERATION OF RESOLUTIONS
   (9) in senate calendar.  

06/07/2010 Signed by the Speaker of the House
No news items found  
HJR10-1024Bark Beetle Wood Industry Incentives SCANLAN / GIBBS *** No bill summary available *** 

Bill HJR10-1024 - SCANLAN / GIBBS Bark Beetle Wood Industry Incentives
   Wednesday, May 12 2010
   CONSIDERATION OF RESOLUTIONS
   (6) in senate calendar.  

06/07/2010 Signed by the Speaker of the House
No news items found  
HJR10-1026Colorado Broadband MASSEY / BACON *** No bill summary available *** NOT ON CALENDAR06/07/2010 Signed by the Speaker of the House
No news items found  
HJR10-1028Promote Renewable Energy Legislation KERR A. / WILLIAMS *** No bill summary available *** 

Bill HJR10-1028 - KERR A. / WILLIAMS Promote Renewable Energy Legislation
   Wednesday, May 12 2010
   CONSIDERATION OF RESOLUTIONS
   (3) in senate calendar.  

06/07/2010 Signed by the Speaker of the House
No news items found  
HJR10-1031Balanced Budget Constitutional Amendment SWALM / KOPP *** No bill summary available *** NOT ON CALENDAR05/04/2010 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
No news items found  
HR10-1007Unemployment Insurance Federal Loan FRANGAS *** No bill summary available *** NOT ON CALENDAR04/08/2010 Signed by the Speaker of the House
No news items found  
SB10-006Identification Documents Reduce Poverty BOYD / SUMMERS Economic Opportunity Poverty Reduction Task Force. Section 1. This bill contains a legislative declaration. Section 2. Prohibits the state from charging a fee for a certified birth or death record if the applicant is a county department of social services or human services or the applicant has a letter of referral from such a county department. Section 3. Prohibits the state from charging a fee for a Colorado identification card to an applicant referred by, or released within the prior 6 months from, the department of corrections, the division of youth corrections, or a county jail. Section 4. Authorizes a court to grant a name change if a person has previously been convicted of a felony if specified conditions are found by the court. Directs the court to forward information on the name change to specified departments. NOT ON CALENDAR06/05/2010 Governor Action - Signed
No news items found

Fiscal Note 

 
SB10-009Economic Opportunity Task Force SANDOVAL / GAGLIARDI Economic Opportunity Poverty Reduction Task Force. The bill specifies that the duties of the economic opportunity poverty reduction task force (task force) include developing a relevant, fluid model for assessing progress toward reducing poverty and increasing economic opportunity in Colorado. Once a model is developed, the task force will recommend that the general assembly adopt the task force's model for purposes of evaluating the effectiveness of certain public programs and policies in achieving the goals of the task force. NOT ON CALENDAR04/15/2010 Governor Action - Signed
No news items found

Fiscal Note 

 
SB10-010Statewide Strategic Use Fund Evaluation BOYD / KEFALAS Economic Opportunity Poverty Reduction Task Force. This bill authorizes the executive director of the department of human services, after consultation with the strategic allocation committee, to contract with a qualified, independent entity to perform an evidence-based evaluation of the effectiveness of the statewide strategic use fund (SSUF) in meeting the objectives of the Colorado works program, as well as the effectiveness of the individual initiatives and programs supported by the SSUF. The executive director may annually use up to 2% of the moneys annually allocated to the SSUF to contract for the evaluation. The executive director shall include a copy of the most recent evaluation in his or her annual report to the general assembly on the SSUF. NOT ON CALENDAR03/31/2010 Governor Action - Signed
No news items found

Fiscal Note 

 
SB10-028Work Share Program HEATH / PACE Section 1 of the bill directs the director of the division of employment and training in the department of labor and employment (director) to establish a work share program allowing for the payment of unemployment compensation benefits to employees of a particular work unit whose work hours have been reduced at least 10% but not more than 40%. In order to be eligible for payment of benefits, an employer must submit a work share plan (plan) to the director for approval. The plan must apply to at least 10% of the employees in the affected unit. The plan must meet specific requirements in order to be approved by the director. Employees must also meet specific eligibility requirements in order to be eligible for the payment of benefits. The bill allows for modifications to a plan if conditions of the employer change. The bill also specifies that the benefits payable under the work share program are not in addition to the total maximum allowable regular unemployment benefits in a benefit year. Sections 2 through 4 of the bill make conforming amendments. NOT ON CALENDAR06/09/2010 Governor Action - Signed
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Fiscal Note 

Part of Governor Ritter's 2010 ED agenda. 
SB10-029Create Efficiencies In State & Local Gov PENRY / CURRY The bill creates efficiencies and cost savings in state and local government by:
* Eliminating all duties of the office of the executive director of the department of local affairs and directing those duties and appropriations to the lieutenant governor;
* Implementing a 2-year statewide hiring freeze that will require the governor or his or her designee to sign off on all new hires. All new hires must meet the test of being critical to protecting the life, health, or safety of Colorado residents. The governor shall provide the general assembly a monthly report of each new hire made in that month.
* Eliminating all bonuses paid to any state employee for 2 years;
* Reducing the personnel budget of the governor's office, the executive directors' offices, and the directors of each principal department's offices to 2005-06 fiscal year levels;
* Reducing by 3% the number of all full-time equivalent state employees paid in whole or in part with general fund dollars within 5 years;
* Requiring the governor to report in writing to the general assembly by April 1, 2010, regarding the consolidation of existing boards and commissions;
* Authorizing the governor to repeal the Colorado commission on higher education and to direct any necessary responsibilities and appropriations to the lieutenant governor;
* Requiring the governor to report in writing to the general assembly by April 1, 2010, regarding which agencies and departments perform similar or redundant functions and should be consolidated;
* Limiting the governor's energy office to spending no more than 10% of its total budget on personnel;
* Requiring that all executive branch expenditures on professional organization dues and memberships be made from gifts, grants, or donations and not from any general fund or cash fund appropriation, except from cash funds established for the purpose of receiving gifts, grants, and donations;
* Requiring the state school board to strongly encourage school districts to create boards of cooperative services where feasible for the purpose of enabling 2 or more school districts to cooperate in furnishing services authorized by law and for consolidating central administrative services;
* Requiring that all actions performed by an existing or newly created board of cooperative services that result in cost savings to the member school districts, as compared to the cost of the school districts performing the same actions individually, to be calculated, and requiring each member school district to remit to the state general fund an amount equal to 50% of the savings realized by the member school district. However, such amount shall not exceed the amount the member school district received as its state share of total program funding for the applicable budget year.
* Requiring the governor to reduce by 10% the pay of all full-time equivalent state employees earning $125,000 or more annually, except employees of state institutions of higher education;
* Requiring the controller to transfer from the general fund to the newly created general fund overflow reserve fund an amount that he or she calculates to be the equivalent of the total amount of general fund moneys appropriated in all bills that are vetoed by the governor, including any general fund line item appropriation in the general appropriation act that is line-item vetoed by the governor;
* Removing the requirement that motor vehicles have a front license plate. 
NOT ON CALENDAR05/03/2010 Senate Third Reading Lost
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Fiscal Note 

 
SB10-031Exclude Gambling From Regl Tourism Act SCHEFFEL / RICE The "Colorado Regional Tourism Act" provides a financing mechanism to attract, construct, and operate large-scale regional tourism projects. The bill prohibits any proposed regional tourism project from including a facility that would offer, make available, or facilitate gambling-related activities. Gambling-related activities include betting, wagering, or payments made on or in connection with one or more games that qualify as gambling or limited gaming as defined by law. NOT ON CALENDAR03/31/2010 Governor Action - Signed
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Fiscal Note 

 
SB10-033Fair Legal Employment Act SCHULTHEIS / BAUMGARDNER Under current law, employers are required to examine, and retain records of examining, the legal work status of new employees. The bill repeals the current law and instead creates the "Fair and Legal Employment for Coloradans Act" (act), which requires all nongovernmental employers in the state to participate in the federal electronic verification program (e-verify program) for purposes of verifying the work eligibility status of all new employees hired by an employer. A person who employs only H-2A workers would not have to comply with the act. Employers would be obligated to start participating in the e-verify program in accordance with the following schedule:
* For employers with 200 or more employees, by January 1, 2011;
* For employers with 50 or more employees but fewer than 200 employees, by July 1, 2011; and
* For employers with fewer than 50 employees, by July 1, 2013. The attorney general is to impose fines on an employer for knowing or intentional failure to participate in the e-verify program or to provide documentary proof of participation. An employer would be prohibited from intentionally or knowingly employing an unauthorized alien, and would be required to immediately terminate an employee for whom the employer receives a final notice of nonconfirmation of work eligibility through the e-verify program. The attorney general or the county or city attorney, as appropriate, would be obligated to investigate complaints of employer noncompliance, and the appropriate county or city attorney would have to bring a court action against the employer when an investigation shows a complaint has merit. Upon finding a violation, the bill requires the court to order the employer to:
* Terminate the employment of all unauthorized aliens;
* Be subject to probation, during which the employer must submit quarterly reports of all newly hired employees to the county or city attorney; and
* Submit a sworn affidavit attesting that the employer has terminated the employment of all unauthorized aliens. For knowing violations, the court may order the suspension of the employer's business licenses. For intentional violations, the court must order the suspension of all business licenses for a period determined by the court. For a second violation, the court is to order the immediate and permanent revocation of all business licenses. The bill requires the attorney general to maintain copies of, and provide access to, all court orders issued against employers and to maintain a database of employers with a first violation. The department of labor and employment (department) is required to notify employers via quarterly electronic publications and post a notice on its web site explaining the requirements of the act to employers. Additionally, the bill requires the secretary of state, in consultation with the department, to include information about the requirements of the bill on its web site. The bill creates the e-verify program cash fund, to consist of moneys collected as fines imposed on employers for failing to participate in the e-verify program. The moneys in the fund are to be used to cover the reasonable costs incurred by the attorney general, county attorneys, and city attorneys in administering and enforcing the requirements of the act. The bill defines as a discriminatory or unfair employment practice the refusal to hire, or to terminate from employment, a United States citizen or permanent resident alien while hiring or retaining an unauthorized alien in the same type of job when the employer knew or should have known that the person was an unauthorized alien. 
NOT ON CALENDAR03/03/2010 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
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SB10-039Job Training Scholarship Programs CARROLL M. / GAGLIARDI Section 1 of the bill creates the Colorado job retraining scholarship program (scholarship program), implemented and administered through collegeinvest in the department of higher education. Through the scholarship program, collegeinvest will award scholarships to persons who have been determined eligible to receive unemployment insurance benefits on or after July 1, 2008, by the department of labor and employment and who are pursuing job training or education programs that meet the goal of the scholarship program to assist persons to achieve gainful employment, including self-employment, in a recognized occupation or a high-need employment area. The collegeinvest board of directors (board) shall adopt policies to implement and administer the scholarship program. A scholarship recipient may use the scholarship toward a skilled trades apprenticeship program and to attend courses and programs at institutions of higher education, including public universities, community colleges, junior colleges, public occupational education, and nonpublic institutions of higher education. Collegeinvest shall annually award and pay $1 million in scholarships pursuant to the 3-year scholarship program. Scholarships shall not be funded from general fund appropriations. The board shall report to the general assembly in 2011, 2012, and 2013 concerning the scholarships awarded. The Colorado job retraining scholarship program is repealed, effective July 1, 2013. Section 2 of the bill amends the teach Colorado grant initiative by creating a fund for the grant initiative. Section 3 of the bill transfers $500,000 annually, commencing in the 2010-11 fiscal year, from the collegeinvest fund to the teach Colorado grant initiative fund for appropriation to the department of higher education for the implementation of the teach Colorado grant initiative. Section 4 of the bill appropriates $500,000 from the teach Colorado grant initiative fund to the department of higher education for purposes of implementing the teach Colorado grant initiative. NOT ON CALENDAR04/29/2010 House Committee on Education Postpone Indefinitely
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Fiscal Note 

Part of Governor Ritter's 2010 ED agenda. 
SB10-046Boundaries Of Forest Improvement Dist GIBBS / LEVY Currently, the governing board of a county or municipality may propose the creation of a forest improvement district only if the boundaries of the proposed district will include the entire territory of the county or municipality. The bill allows the governing body of a county or municipality to propose the creation of a forest improvement district with boundaries not necessarily encompassing the entire territory of the county or municipality. NOT ON CALENDAR03/10/2010 Governor Action - Signed
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SB10-052Alter Designated Groundwater Basin Area BROPHY / CURRY Under current law, the groundwater commission (commission) may alter periodically the areas contained in a designated groundwater basin. This bill will allow the commission to revise the boundaries of a designated groundwater basin to omit previously included areas only if the revision would not exclude any wells for which conditional or final permits have been issued. NOT ON CALENDAR03/31/2010 Governor Action - Signed
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SB10-058Eligibility Nursing Teacher Loan Forgive TAPIA / GAGLIARDI The bill changes certain eligibility requirements for the nursing teacher loan forgiveness pilot program, including reducing the required employment in teaching from full time to half time and allowing the teaching position to begin within 2 years after the completion of the nursing teacher's advanced degree. NOT ON CALENDAR04/20/2010 Governor Action - Signed
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Fiscal Note 

Part of Governor Ritter's 2010 ED agenda. 
SB10-081Farm-to-school Interagency Task Force SANDOVAL / SOLANO In order to provide for the development of a state farm-to-school program, which will promote the consumption of nutritional foods provided by state agricultural producers, the bill creates the "Farm-to-School Healthy Kids Act", which establishes the interagency farm-to-school coordination task force (task force). The bill describes the composition and duties of the task force, and sets a future repeal date of December 31, 2013. NOT ON CALENDAR04/15/2010 Governor Action - Signed
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Fiscal Note 

 
SB10-085Exempt Personal Prop Tax Pilot Program SCHEFFEL / PRIOLA The bill establishes a pilot program to reimburse 5 participating counties for revenue lost as a result of a business personal property tax exemption. To qualify as a participating county, a county must:
* Enact an ordinance to eliminate the business personal property tax for 5 years; and
* Have a population that is greater than 20,000 but less than 500,000. The state will reimburse a participating county for lost property tax revenue for 4 of the 5 years that the exemption is in place. The first year the reimbursement will be 100% of the lost property tax revenue, and that percentage will be reduced by 25% in each of the next 4 years. After the 5 years of the county business personal property tax exemptions, legislative council staff will undertake a study to determine whether the exemptions stimulated economic growth. Staff will prepare a report of the findings to be delivered to legislative committees. 
NOT ON CALENDAR02/17/2010 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
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SB10-086Phased-in Fully Depreciated Prop Exempt SCHEFFEL / PRIOLA The bill exempts a percentage of all business personal property that is fully depreciated beginning in the 2011 property tax year. The exemption percentage starts at 25% and increases every 4 years until the property is entirely exempt beginning with the 2023 property tax year. The bill also clarifies that the new exemption shall apply before an existing exemption, which is on a per personal property schedule basis. NOT ON CALENDAR02/17/2010 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
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SB10-090Create CO Capital Investment Bulletin Bd JOHNSTON / RIESBERG The bill requires the office of economic development (office) to host on its official web site the Colorado bioscience and clean technology capital investment bulletin board to create a virtual marketplace for early stage bioscience and clean technology projects with capital funding opportunities in the state. On behalf of the office, the bioscience membership organization and the clean technology membership organization (posting entities) shall create, maintain, and monitor the bulletin board through the posting entities' posting rights. Certain vetting organizations will provide the posting entities with information about appropriate early stage bioscience and clean technology projects with capital funding opportunities in the state. NOT ON CALENDAR02/01/2010 Senate Committee on Business, Labor and Technology Postpone Indefinitely
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Fiscal Note 

 
SB10-094Art In Pub Places Define Appropriation STEADMAN / RICE Defines capital construction appropriation for purposes of the art in public places program administered by the state council on the arts. Tochtrop, Whitehead, Williams Massey, McFadyen, Merrifield, Middleton, Miklosi, Peniston, Ryden, Scanlan, Schafer S., Solano, Todd, Vigil NOT ON CALENDAR05/18/2010 Governor Action - Signed
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SB10-114Taxpayer Transparency Act Of 2010 CARROLL M. / WEISSMANN The bill extends the application of the "Colorado Open Records Act" (CORA) to all writings made, maintained, or kept by any entity that receives public moneys or performs a governmental or other public function and that relate to the receipt of the public moneys or the performance of that function. Each contract for the performance of a governmental or other public function entered into on or after the effective date of the bill shall specify that the records and files relating to the costs or any performance measures under the contract that are made, maintained, or kept by any entity that is a party to the contract shall be open for public inspection in accordance with CORA. This does not require a private entity to make any materials available for inspection that do not relate to the contract for the performance of a governmental or other public function. 

Bill SB10-114 - CARROLL M. / WEISSMANN Taxpayer Transparency Act Of 2010
   Wednesday, May 12 2010
   CONSIDERATION OF CONFERENCE COMMITTEE REPORT
   (1) in house calendar.

Bill SB10-114 - CARROLL M. / WEISSMANN Taxpayer Transparency Act Of 2010
   Wednesday, May 12 2010
   CONSIDERATION OF CONFERENCE COMMITTEE REPORTS
   (1) in senate calendar.  

05/12/2010 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Not Repass
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Fiscal Note 

Amendments added to the bill have made the bill acceptable. 
SB10-126Pharmaceutical Transparency Act CARROLL M. / TYLER The bill enacts the "Pharmaceutical Transparency Act" (act), to be administered by the secretary of state (secretary). The act, which is modeled on the federal "Physician Payments Sunshine Act of 2009" pending in the United States congress, requires manufacturers of a drug, medical device, biological product, or medical supply for which payment is available under the state medicaid program or the children's basic health plan to submit an annual transparency report to the secretary. The transparency report, due March 31, 2011, and each March 31 thereafter, is to detail information regarding payments or other transfers of value made by the manufacturer to a health care practitioner during the immediately preceding calendar year. Specifically, the bill requires information as to the name, address, and other identifying information of the health care practitioner, and the value, dates, and description of the form and nature of the payment or transfer of value. Like the pending federal legislation, the bill would also require manufacturers to disclose information pertaining to ownership or investment interests held by a health care practitioner in the manufacturer, detailing the dollar amount invested, the value and terms of the interest, and payments or other transfers of value provided to the health care practitioner. The bill imposes an additional transparency requirement, not contained in the federal proposal, obligating a manufacturer to disclose whether or not it has adopted procedures to assure adherence to the code of interactions with healthcare professionals (code) adopted by the pharmaceuticals trade group known as "pharmaceutical research and manufacturers of America" (PhRMA). A manufacturer would also have to disclose whether it: Has publicly announced its commitment to abide by the code; completes an annual certification of its policies to ensure compliance; and is identified by PhRMA on a public web site as a manufacturer that has committed to abide by the code. The bill authorizes the secretary to impose fines on a manufacturer for failure to comply with the reporting requirements of the act. The fines may be between $1,000 and $10,000 for each payment or transfer of value not reported, not to exceed an aggregate fine of $150,000 per calendar year, and in the case of knowing violations, between $10,000 and $100,000 for each payment or transfer of value not reported, not to exceed an aggregate fine of $1,000,000 in any calendar year. The bill requires the secretary to adopt rules to establish reporting procedures and a method for making the reported information available to the public through a searchable web site. The secretary is also required, by rule, to establish fees to be imposed on reporting manufacturers to cover the secretary's direct and indirect costs to administer the act. The fees and any fines imposed on manufacturers are to be deposited in the department of state cash fund and are to be available, subject to appropriation by the general assembly, to the secretary for use in administering the act. Finally, the act obligates the secretary to submit an annual report to the governor and the general assembly by May 1, 2011, and each May 1 thereafter, analyzing the data submitted by manufacturers that year. NOT ON CALENDAR06/10/2010 Governor Action - Signed
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Fiscal Note 

EDCC is opposed to this legislation. 
SB10-133Income Tax Credit For Rehiring Employees HEATH & ... / RICE The bill establishes an income tax credit to incentivize Colorado businesses to rehire laid-off workers sooner. The tax credit is available for the income tax year commencing January 1, 2011, only. A qualified taxpayer may claim a credit for each employee the taxpayer rehires, so long as the taxpayer submits an affidavit stating that:
* Each employee worked for the taxpayer for a full year prior to being laid off, was laid off by the taxpayer in 2009, and is not a new employee but is a former employee who has been rehired;
* The employee has been retained by the taxpayer for one full year since the date of rehire; and
* Without the credit allowed in the bill the taxpayer would not have rehired the employee by the date he or she was rehired. The credit may be carried forward for a 5-year period but not refunded. The bill also grants the department of revenue rule-making authority to administer and enforce the credit. 
NOT ON CALENDAR05/05/2010 House Committee on Finance Postpone Indefinitely
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Fiscal Note 

 
SB10-145Require Fixed Guideway Feasibility Study ROMER / MCCANN The bill requires the high-performance transportation enterprise to study the feasibility of entering into a public-private partnership to develop, construct, and operate a rail fixed guideway system between the Auraria higher education center and the Anschutz medical campus of the university of Colorado at Denver. If, after the study is completed, a special district is formed for the purpose of financing, developing, constructing, and operating such a system, the bill requires $4 of each road safety surcharge paid by vehicle owners who reside within one mile of the system route to be paid to the special district. NOT ON CALENDAR04/22/2010 Senate Committee on Transportation Postpone Indefinitely
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SB10-158Creative Industries Division In OED NEWELL / RICE Lundberg, Morse, Romer, Sandoval, Schwartz, Spence, Steadman, Tapia, Tochtrop, White, Whitehead, Williams [Drafting note: This bill reorganizes existing provisions of statutory law for purposes of clarity. Section and subsection numbers and paragraph letters have changed, but no substantive amendments to the operative provisions have been made except where indicated by capitalized or stricken type. Where section and subsection numbers and paragraph letters have changed, the prior designations are indicated by bold, bracketed type.] Currently, the office of film, television, and media, the state council on the arts, and the art in public places program are all established within the Colorado office of economic development but are not placed in the same location in statute. The bill creates a creative industries division (division) within the Colorado office of economic development and reorganizes the statutory provisions that create the office of film, television, and media (office), the state council on the arts, and the art in public places program (program) into a new part. The bill renames the state council on the arts as the council on creative industries (council) and authorizes the council to establish policies for the council, the office, and the program. The bill specifies that the director of the council shall be the director of the division. In addition, the bill requires the director of the Colorado office of economic development to make funding recommendations to the governor and the general assembly for the operation of the council, the program, and the office. The bill directs the general assembly to make annual appropriations to the division, in such form as the general assembly deems appropriate, for the operation of the council, the office, and the program. NOT ON CALENDAR05/18/2010 Governor Action - Signed
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SB10-162Modifications To Enterprise Zone Act HEATH / HULLINGHORST & ... The "Urban and Rural Enterprise Zone Act" (act) specifies limitations on the population of an area that may be included in an enterprise zone but does not include a standard method of calculating the population. The bill specifies that the population of an enterprise zone shall be calculated using data from the most recent federal decennial census at the county, municipal, or block levels and that the calculations that require the use of block level data shall include the entire population of each block in which the enterprise zone is included. In addition, the bill increases the population limitation for an urban enterprise zone from 80,000 to 115,000 people and increases the limitation for a rural enterprise zone from 100,000 to 150,000 people to account for population growth that has occurred since 1986 when the population limits were established and to account for new standardized methodology. Currently, the state auditor is required to use 6 broad economic indicators when evaluating the effectiveness of the act in an audit. The current factors are too broad to be utilized to determine the impact of an enterprise zone. The bill eliminates the requirement that the state auditor use the 6 indicators and instead creates a new pre-certification process that a taxpayer is required to follow if the taxpayer intends to claim an enterprise zone income tax credit pursuant to the act in order to demonstrate that the act has an impact on the taxpayers' decisions. Currently, a taxpayer's business may earn an income tax credit pursuant to the act by:
* Being located in the enterprise zone; and
* Performing an activity that is eligible for an enterprise zone income tax credit, regardless of whether the availability of the income tax credit had any demonstrable impact on the taxpayer's decision to start, relocate, or expand the business in the enterprise zone. The bill requires a taxpayer to complete a pre-certification process prior to beginning and completing any activity for which a taxpayer intends to claim an income tax credit pursuant to the act to ensure that the income tax credits allowed pursuant to the act have an impact on taxpayers' business decisions. The bill directs the department of revenue (department) to include a section for the pre-certification data on the enterprise zone income tax credit certification forms that the department currently uses. Currently, some enterprise zone administrators charge a fee to programs, projects, and organizations (contribution projects) that have been approved by the Colorado economic development commission (commission). Current statute does not provide any authority or limitation regarding the fees, and, consequently, the fee policies vary from one enterprise zone to another. The bill requires each enterprise zone administrator that charges fees to create a policy regarding the fees and to submit the policy to the commission for approval. The commission must review each policy submitted by an enterprise zone administrator. The bill directs the Colorado office of economic development (office) to work with the commission and the department to develop the capability, if there is no fiscal impact, to allow taxpayers that intend to claim one or more income tax credits pursuant to the act to submit pre-certification forms, certification forms, and required reporting information in an electronic format. The bill requires the department to aggregate and report data collected regarding tax credits claimed pursuant to the act, categorized by the date that the tax credit was authorized, the specific tax credit allowed pursuant to the act that each taxpayer was authorized to claim, and the total amount of the tax credits claimed for each tax credit allowed pursuant to the act. The bill requires the department to submit the data to the office on an annual basis. 
NOT ON CALENDAR06/09/2010 Governor Action - Signed
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Fiscal Note 

EDCC supports this bill. 
SB10-164Blue Print For A Leaner Government Act KOPP / STEPHENS The bill requires the legislative audit committee to appoint a task force (LAC task force) to review executive branch departments and make recommendations related to the executive branch departments' programs in order to identify redundancies, abuse, fraud, and cost savings and to specify other efficiency measures. The LAC task force must report to the legislative audit committee by August 5, 2011, and the legislative audit committee must then recommend to the general assembly such legislation regarding the findings and recommendations of the LAC task force as may be necessary. The bill also requires the committee on legal services to appoint a task force (COLS task force) to review the state's regulatory system and make recommendations related to regulatory advantages or disadvantages, the number of businesses current regulated, and the cost of regulatory compliance. The COLS task force must report to the committee on legal services by August 5, 2011, and the committee on legal services must then recommend to the general assembly such legislation regarding the findings and recommendations of the COLS task force as may be necessary. NOT ON CALENDAR02/17/2010 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
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SB10-168Taxpayer Protection Act Of 2010 PENRY / LAMBERT The bill requires the governor to reduce state expenditures for the current state fiscal year and the next state fiscal year as follows:
* For the current state fiscal year, the governor must reduce state personnel expenditures by $17.8 million (.24% of Spence 2009-10 general fund appropriations in the general appropriation bill);
* For the next state fiscal year, the governor must reduce total state expenditures by $306.5 million (4.39% of the governor's general fund budget request). These reductions will be made through cuts to state personnel expenditures and to any nonessential state programs, with priority given to the former type of cut. If the governor reduces personnel expenditures from a cash fund, an amount equal to such reduction shall be transferred from the cash fund to the general fund. The bill reduces the judicial branch and legislative agency expenditures and per diem payments for members of the general assembly by .24% for the current state fiscal year and by 4.39% for the next state fiscal year. The bill specifies that the general assembly shall not reduce the amount of the homestead property tax exemption for qualifying senior citizens for property tax years commencing on or after January 1, 2010. Beginning March 1, 2010, the bill also raises the amount that a retail vendor may retain each month when collecting and remitting state sales tax revenues back to 3.33%. 
NOT ON CALENDAR03/03/2010 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
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Fiscal Note 

 
SB10-174Promote Geothermal Energy Development SCHWARTZ / MASSEY & ... Section 5 of the bill defines "direct use" as the utilization of geothermal resources for commercial, residential, agricultural, public facilities, or other energy needs other than the commercial production of electricity. Sections 1 and 2 of the bill allow municipalities and counties to designate geothermal development as an activity of state interest under House Bill 74-1041, except for the direct use of such resources. Sections 3 and 4 allocate federal mineral lease revenues derived from geothermal resource development to the geothermal resource leasing fund and authorize the executive director of the department of local affairs to distribute the revenues:
* To state agencies, school districts, and political subdivisions of the state affected by the development and production of geothermal resources primarily for use by such entities in planning for and providing facilities and services necessitated by such development and production; and
* Secondarily to such entities, in consultation with the governor's energy office, for the promotion of the development of geothermal energy resources. Section 6 specifies that the property right to the following types of geothermal resources are an incident of the ownership of the overlying surface:
* Nontributary groundwater; and
* Not nontributary groundwater. Section 7 adopts the reasonable accommodation doctrine regarding relations between surface owners and geothermal resource developers. Section 8 specifies that a permit from the state engineer is not required for the direct use of a horizontal, closed-loop geoexchange system that does not use a geothermal fluid, as established by the state engineer by rule. Section 9 specifies that "material injury" includes an alteration in the temperature of water only if the alteration adversely affects a valid, prior geothermal right. Sections 10 through 12 require geothermal energy facilities to be valued for the purpose of property taxation in the same manner in which wind or solar energy facilities are valued. 
NOT ON CALENDAR04/30/2010 Governor Action - Signed
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Fiscal Note 

 
SB10-177Promote Biomass Energy Development SCHWARTZ & ... / SCANLAN Section 1 of the bill exempts forestry equipment that is used in the production of woody biomass from property taxes, effective July 1, 2013. Sections 2 through 4 require biomass energy facilities to be valued for the purpose of property taxation in the same manner in which wind or solar energy facilities are valued. For purposes of consideration by the public utilities commission (PUC) of electric utilities' acquisition of generation capacity, section 5 includes the generation of electricity from the combustion of woody biomass, biosolids derived from the treatment of wastewater, and municipal solid waste in the definition of "new clean energy and energy-efficient technologies". For purposes of renewable energy credits in the renewable energy standard, section 6:
* Prohibits the PUC from restricting a qualifying retail utility's ownership of the credits if the qualifying retail utility uses the statutory definitions of eligible energy resources, as clarified by the PUC; and
* Specifies that once a qualifying retail utility enters into a contract that relies on or is affected by the definitions of eligible energy resources, those definitions apply to the contract during its term notwithstanding any subsequent alteration of the definitions, whether by statute or rule. 
NOT ON CALENDAR06/09/2010 Governor Action - Signed
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SB10-181Municipal Authority To Lease Land KESTER / MCKINLEY Currently, a municipality is allowed to purchase water rights and to purchase and hold the lands with which the water rights are connected. The law allows the municipality to sell such lands when deemed advisable by the governing body of the municipality. The bill allows the city to also lease such lands. NOT ON CALENDAR06/07/2010 Governor Action - Signed
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Fiscal Note 

 
SB10-184I-70 Mountain Corridor Trans Demand Mgmt ROMER & ... / SCANLAN & ... The bill:
* Authorizes the high-performance transportation enterprise to enter into a transportation demand management contract with the department of transportation to relieve traffic congestion during peak travel times in a specified portion of the interstate 70 mountain corridor by providing and operating reversible highway lanes within that portion of the corridor;
* Specifies that, if a feasibility study of a moveable barrier system on interstate 70 is completed and demonstrates that such a system is viable and that life safety issues can be addressed, a transportation demand management contract shall establish, at a minimum, the goal of beginning the provision and operation of reversible highway lanes no later than January 1, 2011; and
* Further specifies that a transportation demand management contract may authorize the high-performance transportation enterprise to enter into single-fiscal year or multiple-fiscal year operating lease agreements or capital lease or lease-purchase agreements with a private contractor as needed to provide and operate the reversible highway lanes. 
NOT ON CALENDAR05/27/2010 Governor Action - Signed
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SB10-192Fund Capitol Dome Repair From Ltd Gaming KOPP / SONNENBERG Section 1 of the bill creates the capitol dome restoration fund (fund) in the state treasury to finance repairs and safety improvements to the state capitol dome and supporting structures, and transfers to the fund $4 million per year in each of state fiscal years 2010-11 to 2012-13 from moneys constitutionally allocated to historic preservation. Section 2 directs the state architect to report periodically to the capital development committee concerning the progress of the work, updated cost estimates, and any problems encountered. NOT ON CALENDAR05/25/2010 Governor Action - Signed
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Fiscal Note 

 
SB10-198Reduce Late Vehicle Registration Fees WHITEHEAD & ... / MCKINLEY Effective July 1, 2010, the bill reduces the penalty for late registration of any vehicle without motive power that weighs more than 2,000 pounds but not more than 16,000 pounds and any camper trailer or multipurpose trailer regardless of its weight from $25 per month up to Dashes through the words indicate deletions from existing statute. $100 to $10. NOT ON CALENDAR06/07/2010 Governor Action - Signed
SB10-198: Late Vote For Late Registration Fees

Fiscal Note 

 
SB10-200HIRE Act Conforming Amendments SCHWARTZ / FISCHER & ... Dashes through the words indicate deletions from existing statute. The bill amends the "Colorado Recovery and Reinvestment Finance Act of 2009" to the extent necessary to conform to amendments made to the federal "American Recovery and Reinvestment Act of 2009" by the recently enacted federal "Hiring Incentives to Restore Employment Act". NOT ON CALENDAR05/18/2010 Governor Action - Signed
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Fiscal Note 

 
SB10-202Savings Accounts For Job Retraining WHITEHEAD / KERR A. Under current law, anyone may open a college savings account (account) through a college savings plan for any beneficiary. The bill specifies that any adult may open an account for the benefit of himself or herself in furtherance of the adult's own postsecondary educational and job retraining goals (adult learner). The authority that administers the college savings plan (authority) is directed to:
* Promote the use of accounts by adult learners and to Dashes through the words indicate deletions from existing statute. develop and implement procedures to allow an employer to make a matching contribution to an adult learner's account for any contribution made by the adult learner;
* Develop procedures to provide college planning and preparation for adult learners through college in Colorado; and
* Develop procedures for coordinating with the department of labor and employment to make information regarding accounts for adult learners available to potential participants. The authority is directed to work with the financial institutions that manage the accounts to determine the savings options that would be most beneficial to adult learners, and the financial institutions are directed to develop and implement a plan to expand the promotion of the college savings program to encourage adults to open accounts and participate as adult learners. Any employer matching contribution to an account for an adult learner is subtracted from federal taxable income. The job retraining cash fund is created in the state treasury and an amount from the fund shall be annually transferred to the general fund for specified state fiscal years to assist in defraying the cost to the state of people contributing to an account for an adult learner. The moneys in the fund shall consist of a portion of the proceeds from the sale of the loan assets of the authority. 
NOT ON CALENDAR06/09/2010 Governor Action - Signed
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Fiscal Note 

 
SB10-203Indep Expenditures After Citizens United CARROLL M. / WEISSMANN & ... Restrictions on political activity by foreign corporations Section 3 of the bill provides a definition of "foreign corporation" limited to corporations from foreign countries for the "Fair Campaign Practices Act" (FCPA) as a foundation for other provisions in the bill Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. restricting certain political activity by such entities. Section 4 of the bill makes conforming amendments to other sections in the FCPA to accommodate the new statutory definition. Section 5 of the bill prohibits any foreign corporation from expending moneys on an independent expenditure in connection with an election in the state. Registration, disclosure, and disclaimer requirements in connection with independent expenditures Section 5 of the bill also:
* In accordance with a recent decision of the Colorado supreme court, affirms that corporations and labor organizations shall not be prohibited from making independent expenditures. The bill requires all such expenditures to be disclosed in accordance with the existing constitutional and statutory requirements. This section specifies that any use of the word "person" shall be construed to include, without limitation, any corporation or labor organization.
* Requires any person that accepts a donation that is given for the purpose of making an independent expenditure or that makes an independent expenditure to register with the secretary of state (secretary) not later than the date on which the aggregate amount of donations accepted or expenditures made reaches or exceeds $1,000. The bill specifies the required components of the registration.
* Supplements existing campaign finance disclosure requirements by requiring any person making an independent expenditure in the aggregate amount of $1,000 or more in any one calendar year to report certain additional information to the appropriate officer; except that any person making an independent expenditure within 30 days before a primary or general election must disclose the expenditure within 48 hours after obligating moneys for the independent expenditure.
* Requires any communication that is broadcast, printed, mailed, delivered, or otherwise circulated that constitutes an independent expenditure for which the person making the independent expenditure expends $1,000 or more on the communication to include in the communication a disclaimer statement containing certain information.
* Requires any person that expends any moneys on an independent expenditure in an aggregate amount of $1,000 or more in any one calendar year to deliver to the appropriate officer written notice that shall list with specificity the name of the candidate whom the independent expenditure is intended to support or oppose.
* Requires any person that accepts any donation that is given for the purpose of making of an independent expenditure or expends any moneys on an independent expenditure in an amount of $1,000 or more in any one calendar year to establish a separate account in a financial institution for the deposit of moneys donated for the making of the independent expenditure and the withdrawal of moneys used for the expenditure. Section 5 also restricts discovery of information concerning the person's use of the account.
* Requires any person that donates $1,000 or more to any person during any one calendar year for the purpose of making an independent expenditure to report the donation in accordance with the existing disclosure schedule.
* Requires all new information to be disclosed to the secretary under the bill to be posted on the web site of the secretary within 2 business days after its receipt by the secretary. Enforcement and sanctions Section 6 of the bill:
* Depending on the circumstances, authorizes or requires an administrative law judge (ALJ) to impose specified penalties for failure to file certain reports, statements, or other documents required to be filed under the bill.
* In connection with a complaint, authorizes an ALJ to order disclosure of the source and amount of any undisclosed contributions, donations, or expenditures.
* Prohibits disclosure, by means of discovery or any other manner, of the membership lists of a labor organization or, in the case of a publicly held corporation, a list of the shareholders of the corporation. Immunity from liability Section 7 of the bill creates immunity from civil liability for media outlets where the media outlet withdraws advertising time or voids an advertising contract in the case of a person purchasing advertising time for an independent expenditure that is not compliant with the requirements of the bill. Restrictions on political activity by the state and political subdivisions Section 8 of the bill expands existing statutory restrictions on the ability of the state or any political subdivision of the state from making any contribution in campaigns involving the nomination, retention, or election of any person to any public office to prohibit such entities from making any donation to any other person for the purpose of making an independent expenditure. Section 8 also removes a statutory limitation that had restricted the prohibition on political involvement by the state or political subdivisions to the use of public moneys so that the prohibition will now apply to all moneys. Other provisions Section 1 of the bill makes a legislative declaration. Section 2 of the bill provides a definition of a new term. 
NOT ON CALENDAR05/25/2010 Governor Action - Signed
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Fiscal Note 

 
SB10-206Distrib Of State Share Of Ltd Gaming Rev WHITE / SCANLAN The bill removes the triggers and exceptions related to the Dashes through the words indicate deletions from existing statute. distributions commencing with the state fiscal year 2010-11 and every state fiscal year thereafter of the 50% of the limited gaming fund allocated to the state general fund or such other fund as the general assembly provides as specified in section 9 (5) (b) (II) of article XVIII of the state constitution that the general assembly has allocated to the Colorado travel and tourism promotion fund, state council on the arts cash fund, new jobs incentives cash fund, Colorado office of film, television, and media operational account cash fund, innovative higher education research fund, and the clean energy fund. The bill also removes several obsolete provisions. NOT ON CALENDAR05/05/2010 House Committee on Finance Postpone Indefinitely
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Fiscal Note 

 
SB10-207Finance State Energy Efficiency Projects JOHNSTON & ... / TYLER & ... Section 1 of the bill: Dashes through the words indicate deletions from existing statute.
* Authorizes the state treasurer, with sole discretion as to timing, to enter into lease-purchase agreements on behalf of the state to finance capital construction projects that improve the energy efficiency of state buildings or facilities;
* Specifies the process, including required executive agency and legislative committee approvals, for determining which projects are to be financed through the lease-purchase agreements;
* Authorizes the issuance of certificates of participation (COPs) in connection with the lease-purchase agreements and limits the total par value of the COPs that may be issued to $73,000,000;
* Requires a lease-purchase agreement to include provisions that:
* Specify that payment of the state's obligations under the agreement are subject to annual appropriation and do not create any indebtedness of the state;
* Indicate that the sole security available to the lessor if the state does not renew the agreement is the property that is the subject of the nonrenewed agreement; and
* Allow the state to receive title to the real and personal property that is the subject of the agreement on or prior to the expiration of the entire term of the agreement, including all optional renewal terms;
* Allows only a building or facility subject to an energy performance contract that is under consideration by the office of the state architect as of 30 days following the effective date of the bill to be the subject of a lease-purchase agreement;
* Specifies that interest paid under a lease-purchase agreement, including interest represented by COPs, is exempt from state income tax;
* Requires the state treasurer to coordinate with the office of state planning and budgeting in regard to the schedule of lease payments required in connection with any lease-purchase agreement; and
* Creates the energy efficiency project fund and specifies that:
* The fund shall consist of moneys received by the state from any sale of COPs, energy cost savings resulting from capital construction projects financed through lease-purchase agreements, any other legally available moneys that may be appropriated or transferred to the fund, and all interest and income derived from the deposit and investment of moneys in the fund; and
* Moneys in the fund may be expended solely for the purposes of completing projects being financed by lease-purchase agreements and paying the obligations of the state under such agreements. Section 2 of the bill modifies the definition of the terms "energy performance contract" and "utility cost-savings measure". Section 3 of the bill makes a conforming amendment. 

Bill SB10-207 - JOHNSTON & ... / TYLER & ... Finance State Energy Efficiency Projects
   Wednesday, May 12 2010
   THIRD READING OF BILLS - FINAL PASSAGE
   (2) in house calendar.  

06/10/2010 Governor Action - Signed
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Fiscal Note 

 
SB10-212Repeal Most TABOR Refund Mechanisms CADMAN / WEISSMANN Section 20 (7) (d) of article X of the state constitution requires the state to refund any state revenues in excess of the state fiscal year spending limit. In accordance with this constitutional requirement, the general assembly enacted methods to refund the excess state revenues. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. The bill repeals all of the current refund methods with the exception of the:
* Earned income tax credit;
* Income tax rate reduction; and
* State sales tax refund. 
NOT ON CALENDAR06/10/2010 Governor Action - Signed
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Fiscal Note 

 
SCR10-001Fiscal Policy Constitutional Commission HEATH / FERRANDINO *** No bill summary available *** NOT ON CALENDAR05/11/2010 Senate Third Reading Lost
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Fiscal Note 

 
SCR10-003Ballot Initiatives To Amend Constitution TAPIA / COURT *** No bill summary available *** NOT ON CALENDAR05/12/2010 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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Fiscal Note 

 
SCR10-007Sales & Use Tax Of Tangible Pers Prop LUNDBERG *** No bill summary available *** NOT ON CALENDAR05/03/2010 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
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Fiscal Note 

 
SCR10-008Clarification Of Tax & Fee In TABOR BROPHY / MCNULTY *** No bill summary available *** NOT ON CALENDAR05/03/2010 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
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Fiscal Note 

 
SCR10-009Length Of GA's Regular Sessions SCHWARTZ & ... / MAY & ... *** No bill summary available *** NOT ON CALENDAR05/03/2010 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
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Fiscal Note 

 
SJM10-004Protect Workplace Secret Ballots HARVEY / GARDNER C. *** No bill summary available *** NOT ON CALENDAR04/26/2010 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
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SJR10-003FY 2010-2011 Revenue Resolution SANDOVAL / JUDD *** No bill summary available *** NOT ON CALENDAR01/29/2010 Signed by the Speaker of the House
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SJR10-010Declare Fiscal Emergency Tobacco Tax WHITE / FERRANDINO *** No bill summary available *** NOT ON CALENDAR05/26/2010 Sent to the Governor
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SJR10-018CO Revolving Fund Prevailing Wage Reqmnt HARVEY / TIPTON *** No bill summary available *** NOT ON CALENDAR03/22/2010 Senate Committee on Business, Labor and Technology Postpone Indefinitely
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SJR10-037Colorado Forest Products GIBBS / SCANLAN *** No bill summary available *** NOT ON CALENDAR04/30/2010 Signed by the Speaker of the House
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SJR10-04510th Amend Opt Out Fed Health Care Law LUNDBERG / LAMBERT *** No bill summary available *** NOT ON CALENDAR05/05/2010 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
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