Colorado Legislative Update to Communications and Technology Section - March 3, 2010 Information Technology Contracts SB 32 – Bill coming from the Joint Budget Committee - current law requires the consolidation of information technology resources under the office of information technology, but does not permit the consolidation in existing contracts. Bill would authorize the office to negotiate amendments to existing contracts. Passed out of the Senate, assigned to State Affairs Committee in the House. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/704CD12E0ECEE337872576A80027B8E7?Open&file=0 32_ren.pdf Telecommunications HB 1281 – The Qwest bill that would enable it to seek relaxed regulation of basic telephone service using wireless and VoIP data. Concern may be that in the language about competitive neutrality, would wireless service which is currently deregulated be instead treated as an emerging competitive regulated service? Assigned to Business Affairs Committee, not on calendar, amendments being prepared. http://www.leg.state.co.us/clics/clics2010a/csl.nsf/fsbillcont/120F67478936EC31872576B10060898F?Open&file=1281_ 01.pdf E911 SB 120 – Using the national CTIA model, would establish a statewide methodology for the collection and remission of an E911 fee on prepaid wireless service. Finance Committee passed the bill on 2/18/10 to Appropriations Committee due to the fiscal note. Amendments in drafting. Revised fiscal note due prior to Appropriations Committee 3/5. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/C2D1A9E5BF83061E872576AC00670983?Open&file=1 20_01.pdf Fiscal note: http://www.leg.state.co.us/clics/clics2010a/csl.nsf/fsbillcont3/C2D1A9E5BF83061E872576AC00670983?Open&file=SB1 20_00.pdf SB135 – Tracfone’s bill stating that wireless service provided free to the consumer and under the federal universal service program, doesn’t have to pay the E911 fee. In State Affairs Committee 3/1. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/77E9C2246485B5A5872576B00074DCEE?Open&file=1 35_01.pdf Gift Cards SB155 – Requires the issuer of a gift card to redeem the card for cash upon request when the balance is $5.00 or less. Prohibits fees on gift cards. Makes it a deceptive trade practice if in violation. Passed out of the Senate amended. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/4FBA86C482CFD065872576A80027B2EF?Open&file=1 55_ren.pdf Diane F. Roth Government Affairs – dianeroth@myawai.com – 303-884-9844 Page 1 Disposal of records with personal identification information HB 1060 - Requires an entity to shred documents containing personal identification information and to make the information on electronic mediums irreversible and irretrievable – purpose is to prevent identity theft Killed in Judiciary Committee 2/25/10. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/0F80EDA83CD24ACC872576A80027B902?Open&file=1 056_01.pdf Production of business records HB 1132 Enables a faster process to obtain records. Does away with registered agents. Changes notarized statements to attestations of accuracy statements (which should decrease the number of times business people are subpoenaed to court). Enables records to be obtained via email. Enables production of records faster, via email, and provision of the attestation letter at a later date. Amended and passed out of the House and heads to the Senate Judiciary Committee. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/5735210364D92762872576AA007BD1DC?Open&file=1 132_ren.pdf Unemployment SB 28 - directs the Division of Labor and Employment to create a new program to provide unemployment benefits to workers who have had their work hours reduced between 10-40%. Passed out of Business Affair and Appropriations, heads to the Senate floor. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/829777E187E84683872576A80026BF39?Open&file=02 8_01.pdf Taxes HB-1190, two-year suspension of the exclusion of energy for industrial and manufacturing use, including energy used to produce telecommunications services. Signed by the Governor 2/24/10. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/CC20CF47477C400F872576A80026BC1B?Open&file=119 0_enr.pdf HB-1192, elimination of software sales-tax exclusion, begin to tax standardized software. Software designated as tangible personal property. Added legislative declaration to explain what is intended to be taxed and what is not. Signed by the Governor 2/24/10. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/161688CBF748BB69872576A80026BE3E?Open&file=119 2_enr.pdf HB-1193 Requires an Internet retailer that has a “bricks-and-mortar” store in Colorado--but which does not collect sales tax for business conducted through a Web site that is incorporated as a separate entity outside of Colorado--is presumed to have Colorado tax nexus and is required to collect and remit Colorado sales tax. Requires retailers in Colorado that do not collect and remit sales tax—such as Internet retailers that do not have bricks-and-mortar stores in Colorado--to notify their customers that the customer has to pay use tax since the retailer is not collecting and remitting sales tax. Signed by the Governor 2/24/10. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/B30F574193882B4B872576A80026BE0C?Open&file=119 3_enr.pdf Diane F. Roth Government Affairs – dianeroth@myawai.com – 303-884-9844 Page 2 HB-1200, puts a cap on reimbursement to $250,000 and enables rolling the credits over time for this corporate enterprise-zone investment tax credit. Assigned to Appropriations Committee, not scheduled . thttp://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/BFC36D0AB9089AE5872576A80026BF9A?Open&file= 1200_01.pdf HB 1263 - It limits to $250,000 the amount of each worker’s salary and benefits that companies can deduct from their tax liability as operating expenses. If passed, the bill would give Colorado the lowest salary-deduction limits in the country and would raise roughly $19 million a year for the state. In House Finance Committee 3/3/10. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/D666D09E53429320872576BE0068FCF4?Open&file=1 263_01.pdf HB-1270. Codify the current regulation 7 – exempting custom and electronic software from sales tax. Assigned to Finance Committee. Taken off the table in Committee, rescheduled for 3/2/10. Substantive amendment expected. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/E1B92D9400DFFD03872576B0008382C2?Open&file=1 270_01.pdf HB -1289 Phase in the elimination of sales tax on telecommunications equipment. Passed out of Finance, surprisingly and heads to Appropriation Committee. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/602C31F57B1D43A6872576B0008280F2?Open&file=1 289_01.pdf SB 85 - Establishes a 5 year pilot program to exempt payment of business personal property tax. State to reimburse the local government. At the end of 5 years, the state studies whether economic development has occurred as a result of the phase out of business personal property tax. Died in Senate State Affairs Committee 2/17/10. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/D04AA5F4C6206B97872576A8002A29A6?Open&file=0 85_01.pdf SB 86 - Exempts a percentage of business personal property tax from fully depreciated equipment over twelve years at which time there will be no business personal property tax on fully depreciated equipment. Died in Senate State Affairs Committee 2/17/10. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/8A5006B54416B050872576A80029E6E9?Open&file=0 86_01.pdf SB-133 Would provide employer’s a tax credit if they rehire workers that had been laid off. The credit would be equal to 66 percent of an employer’s federal withholding for each employee. Amended and Passed out of Senate Business Affairs and heads to Appropriations Committee. http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/97C4A0096048A409872576AC006B10BC?Open&file=1 33_01.pdf Diane F. Roth Government Affairs – dianeroth@myawai.com – 303-884-9844 Page 3