CBA - Small Business Bill List

Colorado Bankers Association Small Business Bill List

HB19-1058 Income Tax Benefits For Family Leave 
Short Title: Income Tax Benefits For Family Leave
Sponsors: L. Landgraf | S. Beckman / K. Priola
Summary:

Section 2 of the bill establishes leave savings accounts. A leave savings account is an account with a financial institution for which the individual uses money to pay for any expense while he or she is on eligible leave, which includes:

  • The birth of a child of the individual and in order to care for the child;
  • The placement of a child with the individual for adoption or foster care;
  • Caring for a spouse, child, or parent of the individual if the spouse, child, or parent has a serious health condition;
  • A serious health condition that makes the individual unable to perform the functions of the position of the individual; or
  • Any qualifying exigency, as determined by the United States secretary of labor, arising out of the fact that a spouse, child, or parent of the individual is on covered active duty, or has been notified of an impending call or order to covered active duty, in the United States armed forces.

An individual may annually contribute up to $5,000 of state pretax wages to a leave savings account. Employers may also make a matching contribution to an employee's leave savings account. The department of revenue is required to establish a form about a leave savings account, and the individual must annually file this form to be eligible for the tax benefit.

Sections 3 and 4 allow an employee and an employer to claim a state income tax deduction for amounts they contribute to the employee's leave savings account. Section 3 also allows a taxpayer to deduct any interest or other income earned on the investment during the taxable year from their leave savings account.

Regardless of how the money is deposited in the leave savings account, if an individual uses money in the account for an unauthorized purpose, then the money is subject to recapture in the year it is withdrawn and to a penalty equal to 10% of the amount recaptured.

Section 5 creates an income tax credit for an employer that pays an employee for leave that is between 6 and 12 weeks long for one of the following reasons:

  • The birth of a child of the employee and in order to care for the child;
  • Placement of a child with the employee for adoption or foster care;
  • Caring for a spouse, child, or parent of the employee if the spouse, child, or parent has a serious health condition;
  • A serious health condition that makes the employee unable to perform the functions of the position of the employee; or
  • Any qualifying exigency, as determined by the United States secretary of labor, arising out of the fact that a spouse, child, or parent of the employee is on covered active duty, or has been notified of an impending call or order to covered active duty, in the United States armed forces.

For employers with fewer than 50 employees, the credit is equal to 50% of the amount paid, and for employers with 50 or more employees it is equal to 25% of the amount paid. The credit is not refundable, but it may be carried forward up to 5 years.


(Note: This summary applies to this bill as introduced.)

Position:
Floor Votes:
Status: 1/31/2019 House Committee on Finance Postpone Indefinitely
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: Fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News:
Audio, Floors and Committees:

HB19-1163 Reduce Regulatory Burden Rules On Businesses 
Short Title: Reduce Regulatory Burden Rules On Businesses
Sponsors: T. Carver / J. Smallwood | J. Tate
Summary:

Prior to adopting rules under the "State Administrative Procedure Act" (APA), a state agency (agency) is required to prepare a regulatory flexibility analysis in which the agency considers using regulatory methods that will accomplish the objectives of applicable statutes while minimizing the adverse impact on small businesses. For purposes of the regulatory flexibility analysis, the bill defines "small business" as a business that is independently owned and operated and employs 100 or fewer employees.

When preparing the regulatory flexibility analysis, an agency is required to consider methods to reduce the impact on small businesses, including the following:

  • Establishing less stringent compliance or reporting requirements;
  • Establishing less stringent schedules or deadlines for compliance or reporting requirements;
  • Consolidating or simplifying compliance or reporting requirements;
  • Establishing different performance standards; and
  • Exempting small businesses from compliance requirements.

The agency is also required to:

  • Determine the necessity for the proposed rules;
  • Identify the fiscal impact of the rules;
  • Identify and analyze the least costly alternatives to the rules and adopt the least costly alternatives unless the agency provides written justification for adopting a more costly regulatory approach; and
  • Analyze whether small businesses should be exempted from the rules or whether less burdensome rules should be applied to small businesses and adopt exemptions or less burdensome rules, unless the agency provides written justification for a more burdensome regulatory approach.

The agency is required to file the regulatory flexibility analysis with the secretary of state for publication in the Colorado register at the same time that it files its notice of proposed rule-making and the draft of proposed rules.

The existing provision in the APA on forming a representative group to give input on proposed rules is amended to require an agency proposing rules that are likely to have an impact on small businesses to expand outreach to and actively solicit representatives of small businesses to participate in the representative group and in the rule-making hearing for the rules. The agency must make good faith efforts to expand outreach and notification to small businesses that lack a trade association or lobbyist to represent the types of small businesses impacted by the proposed rules.

The executive director of the department of regulatory agencies (executive director), or the executive director's designee, shall develop a one-stop location on the department's website that provides a place for small businesses and the public to access the regulatory flexibility analyses that agencies prepare.

A small business that is adversely affected or aggrieved by the failure of an agency to comply with the regulatory flexibility analysis requirements may:

  • File a request with the executive director to require the agency to prepare a cost-benefit analysis of the proposed rules and to direct the agency to adjust the rule-making schedule to allow for the preparation of the cost-benefit analysis; or
  • Request a hearing on the matter before an administrative law judge.
    (Note: This summary applies to this bill as introduced.)

Position:
Floor Votes:
Status: 1/30/2019 Introduced In House - Assigned to Energy & Environment + Appropriations
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:
Fiscal Notes Status: Fiscal note currently unavailable
Calendar Notification: Thursday, February 28 2019
Energy & Environment
Upon Adjournment Room 0112
(1) in house calendar.
News:
Audio, Floors and Committees:

SB19-001 Expand Medication-assisted Treatment Pilot Program 
Short Title: Expand Medication-assisted Treatment Pilot Program
Sponsors: L. Garcia
Summary:

In 2017, the general assembly enacted Senate Bill 17-074, which created a 2-year medication-assisted treatment (MAT) expansion pilot program, administered by the university of Colorado college of nursing, to expand access to medication-assisted treatment to opioid-dependent patients in Pueblo and Routt counties. The 2017 act directs the general assembly to appropriate $500,000 per year for the 2017-18 and 2018-19 fiscal years from the marijuana tax cash fund to the university of Colorado board of regents, for allocation to the college of nursing to implement the pilot program. The pilot program repeals on June 30, 2020.

The bill:

  • Expands the pilot program to the counties in the San Luis valley and 2 additional counties in which a need is demonstrated;
  • Shifts responsibility to administer the pilot program from the college of nursing to the center for research into substance use disorder prevention, treatment, and recovery support strategies;
  • Adds representatives from the San Luis valley and any other counties selected to participate in the pilot program to the advisory board that assists in administering the program;
  • Increases the annual appropriation for the pilot program to $5 million for the 2019-20 and 2020-21 fiscal years; and
  • Extends the program an additional 2 years.
    (Note: This summary applies to this bill as introduced.)

Position:
Floor Votes:
Status: 2/7/2019 Senate Committee on Health & Human Services Refer Amended to Appropriations
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: Fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News: The first Colorado Senate bill of the session focuses on opioids
Audio, Floors and Committees:

SB19-006 Electronic Sales And Use Tax Simplification System 
Short Title: Electronic Sales And Use Tax Simplification System
Sponsors: A. Williams / T. Kraft-Tharp | K. Van Winkle
Summary:

Sales and Use Tax Simplification Task Force. The bill requires the office of information technology (office) and the department of revenue (department), within existing resources, to conduct a sourcing method in accordance with the applicable provisions of the procurement code, and any applicable rules, for the development of an electronic sales and use tax simplification system (system). The bill also requires the office and the department to involve stakeholders to develop the scope of work.

The bill requires the general assembly to make any necessary appropriations for the initial funding and ongoing maintenance of the system from any net sales tax revenues that is credited to the general fund.

The bill specifies that on and after the date the system is online the department is required to accept any returns and payments processed through the system for state sales and use tax and for any sales and use taxes that are collected by the department on behalf of any local taxing jurisdiction.

The bill specifies that it is the general assembly's intent that a certain number of local taxing jurisdictions with home rule charters voluntarily use the system when the system comes online. Additionally, the bill states that it is the general assembly's intent that all local taxing jurisdictions with home rule charters voluntarily use the system within a specified number of years.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Position:
Floor Votes: 01/28/2019 - Senate Floor Vote for SB19-006
  BridgesY   CookeY   CoramE   CourtY
  CrowderY   DanielsonY   DonovanY   FenbergY
  FieldsY   FooteY   GardnerY   GinalY
  GonzalesY   HillY   HiseyY   HolbertE
  LeeY   LundeenY   MarbleY   MorenoY
  PettersenY   PresidentY   PriolaY   RankinY
  RodriguezY   ScottY   SmallwoodY   SonnenbergY
  StoryY   TateY   ToddY   Williams A.Y
  WinterY   WoodwardY   ZenzingerE


Status: 2/11/2019 House Committee on Finance Refer Amended to Appropriations
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: Fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News:
Audio, Floors and Committees:

SB19-085 Equal Pay For Equal Work Act 
Short Title: Equal Pay For Equal Work Act
Sponsors: J. Danielson | B. Pettersen / J. Buckner | S. Gonzales-Gutierrez
Summary:

The bill removes the authority of the director of the division of labor standards and statistics in the department of labor and employment (director) to enforce wage discrimination complaints based on an employee's sex and instead permits an aggrieved person to bring a civil action in district court to pursue remedies specified in the bill.

The bill allows exceptions to the prohibition against a wage differential based on sex if the employer demonstrates that a wage differential is based upon one or more factors, including:

  • A seniority system;
  • A merit system; or
  • A system that measures earnings by quantity or quality of production.

The bill prohibits an employer from:

  • Seeking the wage rate history of a prospective employee;
  • Relying on a prior wage rate to determine a wage rate;
  • Discriminating or retaliating against a prospective employee for failing to disclose the employee's wage rate history; and
  • Discharging or retaliating against an employee for actions by an employee asserting the rights established by the bill against an employer.

The bill requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings. The director is authorized to enforce actions against an employer concerning transparency in pay and employment opportunities, including fines of between $500 and $10,000 per violation.


(Note: This summary applies to this bill as introduced.)

Position:
Floor Votes:
Status: 1/17/2019 Introduced In Senate - Assigned to Judiciary
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: Fiscal impact for this bill
Calendar Notification: Wednesday, February 20 2019
SENATE JUDICIARY COMMITTEE
1:30 PM SCR 352
(1) in senate calendar.
News:
Audio, Floors and Committees: