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uses money in the account for an unauthorized purpose, then the money is subject to recapture in the year it is withdrawn and to a penalty equal to 10% of the amount recaptured.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: 2/28/2019 House Committee on Energy & Environment 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:

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

Medication-assisted treatment expansion pilot program - extension - administration - additional counties to participate - funding increase - appropriation. In 2017, the general assembly enacted Senate Bill 17-074, concerning the creation of a pilot program in certain areas of the state experiencing high levels of opioid addiction to award grants to increase access to addiction treatment, 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 and directed 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 2017 act also scheduled the pilot program for repeal on June 30, 2020.

The act:

  • 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 and members from the boards of county commissioners from participating counties to the advisory board that assists in administering the program;
  • Increases the annual appropriation for the pilot program to $2.5 million for the 2019-20 and 2020-21 fiscal years; and
  • Extends the program an additional 2 years.

The act appropriates $2.5 million from the marijuana tax cash fund to the department of higher education for use by the board of regents of the university of Colorado to allocate to the center for research into substance use disorder prevention, treatment, and recovery support strategies for the MAT expansion pilot program.


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

Position:
Floor Votes: 03/14/2019 - Senate Floor Vote for SB19-001
  BridgesY   CookeY   CoramY   CourtY
  CrowderY   DanielsonY   DonovanY   FenbergY
  FieldsY   FooteY   GarciaY   GardnerY
  GinalY   GonzalesY   HillY   HiseyY
  HolbertY   LeeY   LundeenY   MarbleY
  MorenoY   PettersenY   PriolaY   RankinY
  RodriguezY   ScottY   SmallwoodY   SonnenbergY
  StoryY   TateY   ToddY   Williams A.Y
  WinterY   WoodwardY   ZenzingerY


04/27/2019 - House Floor Vote for SB19-001
  ArndtY   BaisleyN   BeckerY   BeckmanE
  BenavidezY   BirdY   BockenfeldY   BuckY
  BucknerY   BuentelloY   CaraveoY   CarverY
  CatlinY   ColemanY   CutterY   DuranY
  EsgarY   ExumE   FroelichY   GalindoY
  GarnettY   GeitnerY   Gonzales-GutierrezY   GrayY
  HansenY   HerodY   HootonY   HumphreyY
  JacksonY   Jaquez LewisY   KennedyY   KippY
  Kraft-TharpY   LandgrafY   LarsonY   LewisE
  ListonE   LontineY   McCluskieY   McKeanY
  McLachlanY   MeltonY   Michaelson JenetY   MullicaY
  NevilleY   PeltonY   RansomN   RichN
  RobertsY   SaineN   SandridgeN   SingerY
  SirotaY   SnyderY   SoperN   SullivanY
  TipperY   TitoneY   Valdez A.Y   Valdez D.Y
  Van WinkleY   WeissmanY   WillY   Williams D.N
  WilsonY


Status: 5/14/2019 Governor Signed
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: No 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 - sourcing method for development of electronic sales and use tax simplification system. The act 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 act also requires the office and the department to involve stakeholders to develop the scope of work.

The act 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 are credited to the general fund.

The act 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 act specifies that it is the general assembly's intent that 3 local taxing jurisdictions with home rule charters voluntarily use the system when the system comes online. Additionally, the act states that it is the general assembly's intent that all local taxing jurisdictions with home rule charters voluntarily use the system within 3 years.


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

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


03/15/2019 - House Floor Vote for SB19-006
  ArndtY   BaisleyY   BeckerY   BeckmanY
  BenavidezY   BirdY   BockenfeldY   BuckY
  BucknerY   BuentelloY   CaraveoY   CarverY
  CatlinY   ColemanY   CutterY   DuranY
  EsgarY   ExumY   FroelichY   GalindoY
  GarnettY   GeitnerY   Gonzales-GutierrezY   GrayY
  HansenY   HerodY   HootonY   HumphreyY
  JacksonY   Jaquez LewisY   KennedyY   KippY
  Kraft-TharpY   LandgrafY   LarsonY   LewisY
  ListonE   LontineY   McCluskieY   McKeanY
  McLachlanY   MeltonY   Michaelson JenetY   MullicaY
  NevilleY   PeltonY   RansomY   RichY
  RobertsY   SaineY   SandridgeY   SingerY
  SirotaY   SnyderY   SoperY   SullivanY
  TipperY   TitoneY   Valdez A.Y   Valdez D.Y
  Van WinkleY   WeissmanY   WillY   Williams D.Y
  WilsonY


Status: 4/12/2019 Governor Signed
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: No 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:

Wage discrimination based on sex - complaints - civil action - exceptions to prohibitions against wage differentials - prohibited acts of employer - employment announcements required - enforcement - rules. The act 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 authorizes the director to create and administer a process to accept and mediate complaints of, and provide legal resources concerning, alleged violations and to promulgate rules for this purpose. An aggrieved person may bring a civil action in district court to pursue remedies specified in the act.

The act allows exceptions to the prohibition against a wage differential based on sex if the employer demonstrates that a wage differential is not based on wage rate history and is based upon one or more of the following factors, so long as the employer applies the factors reasonably and they account for the entire wage rate differential:

  • A seniority system;
  • A merit system;
  • A system that measures earnings by quantity or quality of production;
  • The geographic location where the work is performed;
  • Education, training, or experience to the extent that they are reasonably related to the work in question; or
  • Travel, if the travel is a regular and necessary condition of the work performed.

The act prohibits an employer from:

  • Seeking the wage rate history of a prospective employee or requiring disclosure of wage rate as a condition of employment;
  • 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;
  • Discharging or retaliating against an employee for actions by an employee asserting the rights established by the act against an employer; or
  • Discharging, disciplining, discriminating against, or otherwise interfering with an employee for inquiring about, disclosing, or discussing the employee's wage rate.

The act 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.

Employers are also required to maintain records of job descriptions and wage rate history for each employee while employed and for 2 years after the employment ends. Failure to maintain these records creates a rebuttable presumption, in a lawsuit alleging wage discrimination based on sex, that the records not maintained contained information favorable to the employee's claim.


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

Position:
Floor Votes: 04/04/2019 - Senate Floor Vote for SB19-085
  BridgesY   CookeN   CoramY   CourtY
  CrowderN   DanielsonY   DonovanY   FenbergY
  FieldsY   FooteY   GarciaE   GardnerN
  GinalY   GonzalesY   HillN   HiseyN
  HolbertN   LeeY   LundeenN   MarbleN
  MorenoY   PettersenY   PriolaY   RankinN
  RodriguezY   ScottN   SmallwoodN   SonnenbergN
  StoryY   TateN   ToddY   Williams A.Y
  WinterY   WoodwardN   ZenzingerY


04/27/2019 - House Floor Vote for SB19-085
  ArndtY   BaisleyN   BeckerY   BeckmanE
  BenavidezY   BirdY   BockenfeldN   BuckN
  BucknerY   BuentelloY   CaraveoY   CarverN
  CatlinN   ColemanY   CutterY   DuranY
  EsgarY   ExumE   FroelichY   GalindoY
  GarnettY   GeitnerN   Gonzales-GutierrezY   GrayY
  HansenY   HerodY   HootonY   HumphreyN
  JacksonY   Jaquez LewisY   KennedyY   KippY
  Kraft-TharpY   LandgrafN   LarsonN   LewisE
  ListonE   LontineY   McCluskieY   McKeanN
  McLachlanY   MeltonY   Michaelson JenetY   MullicaY
  NevilleN   PeltonN   RansomN   RichN
  RobertsY   SaineN   SandridgeN   SingerY
  SirotaY   SnyderY   SoperN   SullivanY
  TipperY   TitoneY   Valdez A.Y   Valdez D.Y
  Van WinkleN   WeissmanY   WillN   Williams D.N
  WilsonN


Status: 5/22/2019 Governor Signed
Bank Impact:
Comment:
CBA Notes:
Fiscal Notes:

Fiscal Note

Fiscal Notes Status: No fiscal impact for this bill
Calendar Notification: NOT ON CALENDAR
News: Here are the most-lobbied bills so far in Colorado’s 2019 legislative session. The list may surprise you.
‘Equal Pay’ Bill Set for Hearing
Audio, Floors and Committees: