Prepared by Andi Leopoldus, AKL, Inc. 303-573-0242 111th of 120 legislative days April 28, 2014 HB14-1017 Expand Availability Of Affordable Housing Comment: Calendar Notification: NOT ON CALENDAR Short Title: Expand Availability Of Affordable Housing Sponsors: DURAN / ULIBARRI Summary: CLICK ON THE BLUE BILL NUMBER TO VIEW THE MOST CURRENT VERSION OF THE BILL WITH THE AMENDMENTS INCORPORATED. Status: 04/22/2014 House Considered Senate Amendments - Result was to Laid Over Daily HB14-1074 Allowable Expenses Renting Tax Exempt Property Status: 03/14/2014 Governor Signed HB14-1085 Adult Education And Literacy Programs Comment: Calendar Notification: NOT ON CALENDAR Short Title: Adult Education And Literacy Programs Sponsors: FIELDS / ZENZINGER Summary: Economic Opportunity Poverty Reduction Task Force. The bill creates the "Adult Education and Literacy Act of 2014". Under this new act, the office within the department of education that is responsible for adult education (office) will administer the adult education and literacy grant program to provide state moneys to adult education and literacy programs that provide basic literacy and numeracy skills programs and that are members of workforce development partnerships that provide additional education to enable students to achieve a postsecondary credential and employment. A local education provider, which includes public education providers, postsecondary institutions, and local, nonprofit workforce development providers, may apply for a grant by submitting an application to the office. At a minimum, the application must demonstrate that the local education provider is a member of a workforce development partnership that provides training leading to employment opportunities for students after they attain basic skills. The application must also specify the measurable goals that the local education provider expects to achieve with the grant moneys. The state board of education (state board) will adopt rules to establish the requirements for the grant program. The office will review each application and recommend grant recipients to the state board. Based on the office's recommendations, the state board will award grants. The office must annually evaluate the effectiveness of the programs that receive grants and prepare a report concerning the grant program for the governor, the state board, and the general assembly. The report must include an analysis of student outcomes and of the continuing unmet need for adult education in the state. The office must periodically convene meetings of representatives from the state agencies and institutions and community-based programs that are involved with adult education and workforce development. The meetings are intended to increase communication and collaboration among these entities. The bill creates the adult education and literacy grant fund, to consist of any gifts, grants, or donations the department of education may receive for adult education and literacy and any state moneys the general assembly may appropriate to the fund. The department is authorized to use a percentage of the moneys appropriated from the fund to offset the costs of administering the grants, evaluating the grant recipients and preparing the report, and convening the adult education and workforce development agencies and programs. The department is not required to implement any portion of the bill if the general assembly does not appropriate sufficient state moneys to offset the implementation costs. The bill repeals the family literacy education grant program, effective July 1, 2014. Status: 04/24/2014 Senate Committee on Education Refer Unamended to Appropriations HB14-1119 Tax Credit For Donating Food To Charitable Org Comment: Calendar Notification: Tuesday, April 29 2014 GENERAL ORDERS - SECOND READING OF BILLS (8) in senate calendar. Short Title: Tax Credit For Donating Food To Charitable Org Sponsors: MCLACHLAN / HODGE Summary: The bill creates an income tax credit for taxpayers who make food contributions to a hunger-relief charitable organization in an amount equal to either twenty-five percent, but not to exceed a maximum dollar amount, of the wholesale market price or twenty-five percent, but not to exceed a maximum dollar amount, of the most recent sale price of the food contributions for tax years commencing on or after January 1, 2014, but before January 1, 2019. Status: 04/25/2014 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole HB14-1141 Confidentiality Social Security Numbers Status: 04/18/2014 Governor Signed HB14-1205 Veterans Assistance Grant Program Comment: Calendar Notification: Monday, April 28 2014 THIRD READING OF BILLS - FINAL PASSAGE (14) in senate calendar. Short Title: Veterans Assistance Grant Program Sponsors: RYDEN / CROWDER Summary: The veterans assistance grant program (program) is created in the division of veterans affairs within the state department of military and veterans affairs to provide moneys to nonprofit organizations and governmental agencies that provide services to ensure the health and well-being of veterans of the United States armed forces who live in Colorado. On or before September 1, 2014, the adjutant general, in consultation with the board of veterans affairs, shall adopt rules for the administration of the program, including but not limited to: * Criteria for determining which nonprofit organizations and governmental agencies are eligible to receive moneys from the program; and * Procedures by which eligible organizations may apply for and receive moneys from the program. The veterans assistance grant program cash fund is created and consists of any moneys received by the division as gifts, grants, or donations and such moneys as are appropriated to the fund by the general assembly. The program is repealed, effective September 1, 2024. Before such repeal, the department of regulatory agencies shall review the program. Status: 04/25/2014 Senate Second Reading Passed with Amendments Committee HB14-1206 Modify Charitable Solicitations Act Status: 04/11/2014 Governor Signed HB14-1311 Job Creation & Main Street Revitalization Act Comment: Calendar Notification: Tuesday, April 29 2014 SENATE FINANCE COMMITTEE 2:00 PM SCR 354 (8) in senate calendar. Short Title: Job Creation & Main Street Revitalization Act Sponsors: GARCIA / STEADMAN Summary: For income tax years commencing on or after January 1, 2016, but prior to January 1, 2020, section 1 of the bill creates a new income tax credit to be claimed by an owner of a historic property for recovery of certain costs related to preserving the property. Among the provisions, section 1 also: * Requires the governor's office of economic development and international trade (office), in consultation with the state historical society (society), to develop standards for the approval of the substantial rehabilitation of qualified structures for which the new tax credit is being claimed; * Requires the owner of the structure to submit an application and rehabilitation plan to the office for a qualified commercial structure or to a certified local government or the society (reviewing entity) for a qualified residential structure, along with an estimate of the certified rehabilitation expenditures under the rehabilitation plan. Within 90 days after receipt of the application and rehabilitation plan, the office and the society or reviewing entity, as applicable, are required to notify the owner if the rehabilitation plan will result in a certified rehabilitation. * Authorizes the office or the reviewing entity to impose a reasonable application fee and issuance fee for either a commercial or residential structure. In the case of a qualified commercial structure, the application fee may not exceed $500. In the case of a qualified residential structure, the application fee must be reasonable. The bill permits the office to impose on the owner a reasonable issuance fee of up to 3% of the amount of the tax credit issued, which must be paid before the tax credit is issued to the owner. With respect to both an application fee and an issuance fee, the bill requires the office to share on an equal basis any such fees collected with the historical society and the department. Moneys collected from such fees must be applied to the administration of the tax credit. * In the case of a qualified commercial structure, requires the office and society to review the application and rehabilitation plan to determine that the information contained in the application and plan is complete. If the office and society determine that the documentation is complete, the office is required to reserve for the benefit of the owner an allocation of a tax credit and to notify the owner in writing of the amount of the reservation. The reservation of tax credits does not entitle the owner to an issuance of any tax credits until the owner complies with all of the other requirements specified in the bill for the issuance of the tax credit. * Requires the office to reserve tax credits in the order in which it receives completed applications and rehabilitation plans. The office must issue any such reservation of tax credits within a reasonable time, not to exceed 90 days from the filing of a completed application and rehabilitation plan. The office is required to use a lottery process to determine the order in which it will review applications and plans received on the same day. An owner may resubmit a disapproved application and plan, but the resubmitted application and plan is deemed to be a new submission. * If, for any one state fiscal year, the aggregate amount of reservations for tax credits the office has approved is equal to the total amount of tax credits available for reservation during that state fiscal year, requires the office to notify all owners who have submitted applications and plans then awaiting approval or submitted for approval after the calculation is made that no additional approvals of applications and plans for reservations of tax credits will be granted during that fiscal year; * Specifies that no reservation of tax credits is necessary in the case of a qualified residential structure; * Requires any owner receiving a reservation of tax credits to commence rehabilitation of the qualified commercial structure, if rehabilitation has not previously begun, within one year of the date of issuance of the written notice from the office to the owner granting the reservation of tax credits. Any owner receiving such reservation is required to incur not less than 20% of the estimated costs of rehabilitation not later than 18 months after the date of issuance of the written notice. If the office determines that an owner has failed to comply with this requirement, the office may rescind the issuance of tax credits previously given the owner. * Following the completion of a rehabilitation of a qualified commercial structure, requires the owner to notify the office that the rehabilitation has been completed and to certify the qualified rehabilitation expenditures incurred by the owner under the rehabilitation plan. The bill requires both the office and the society to review the documentation of the rehabilitation and the society to verify that the documentation satisfies the rehabilitation plan. Within 90 days after receipt of this documentation, the office is required to issue a tax credit certificate geared to the amount of qualified rehabilitation costs incurred. * Specifies that the total amount of the tax credit certificate issued for any particular project must not exceed the amount of the tax credit reservation issued for the project. The amount of a tax credit certificate to be issued for any one qualified commercial structure is limited to $1 million total. * Following the completion of a substantial rehabilitation of a qualified residential structure, requires the owner to notify the reviewing entity that the substantial rehabilitation has been completed and to certify the qualified rehabilitation expenditures incurred in connection with the rehabilitation plan. The owner is also required to provide the reviewing entity with a cost and expense certification. The reviewing entity is required to review the documentation of the rehabilitation and verify its compliance with the rehabilitation plan. Within 90 days after receipt of the documentation from the owner, the reviewing entity is required to issue a tax credit certificate in an amount equivalent to 20% of the actual qualified rehabilitation expenditures; except that the bill limits the amount of the tax credit certificate to $50,000 for each qualified residential structure to be calculated over a 10-year rolling period. * Requires the tax credit amount to be increased for a certified commercial or residential structure that is located in a disaster area; * In order to claim the tax credit, requires the owner to file the tax credit certificate with the owner's state income tax return; * Specifies requirements under which a local government is permitted to act as a reviewing entity; * Specifies that the entire tax credit to be awarded may be claimed by the owner in the taxable year in which the certified rehabilitation is placed in service. If the amount of the credit allowed exceeds the amount of income taxes otherwise due in the income tax year for which the credit is being claimed, the bill permits the owner to offset the amount of the credit not used in the income tax year to be carried forward as a credit against subsequent years' income tax liability for a period not to exceed 10 years. Any amount of the credit that is not used after such period is not refunded to the owner. * Specifies certain limits that the aggregate amount of all tax credits in any tax year that may be reserved by the office upon the certification of all rehabilitation plans must not exceed; * Specifies that the commercial tax credits are freely transferable and assignable subject to certain requirements; * Requires the owner to refund to the department of revenue (department) certain amounts if the owner demolishes or makes material changes to the structure; *Specifies limits by state fiscal year on the aggregate amount of tax credits that may be awarded for each of the 4 state fiscal years in which the tax credit is in effect; * Permits the owner to appeal any final determination made by the office or the department in connection with the tax credit; * Permits the department to audit any credit obtained, and requires the office, in consultation with the department, to submit an annual report to the general assembly on the impact to the state of the tax credit . The bill requires the office to provide a quarterly report to the department on the ownership and transfers of credit and, in consultation with the historical society, to promulgate any rules necessary to implement the tax credit and to solicit advice from the department in promulgating rules for transfers. Status: 04/21/2014 Introduced In Senate - Assigned to Finance + Appropriations HB14-1349 Prop Tax Exempt Nonprofit Entity Fed Tax Credits Comment: Calendar Notification: Tuesday, April 29 2014 SENATE FINANCE COMMITTEE 2:00 PM SCR 354 (2) in senate calendar. Short Title: Prop Tax Exempt Nonprofit Entity Fed Tax Credits Sponsors: HULLINGHORST / HEATH Summary: For property tax years beginning on or after January 1, 2014, section 1 of the bill exempts real and personal property from the levy and collection of property tax if: * The property tax is owed by a qualified business entity; and * The property is used for charitable, religious, or educational purposes in accordance with existing property tax exemptions. Section 1 of the bill also defines "qualified business entity" to mean a limited partnership or a limited liability company: * That is formed for the purpose of obtaining federal tax credits and that does obtain such credits; and * The general partner or managing member of which is an entity that would qualify for an existing property tax exemption for charitable, religious, or educational purposes. Sections 2, 3, 4, and 5 of the bill repeal statutory provisions that had required an entity formed to obtain the federal new markets tax credits or federal rehabilitation tax credits and that claims a property tax exemption to pay annually to the applicable county a payment in lieu of property taxes. Status: 04/15/2014 Introduced In Senate - Assigned to Finance HB14-1360 Sunset Review Licensure Of Home Care Agencies Comment: Calendar Notification: NOT ON CALENDAR Short Title: Sunset Review Licensure Of Home Care Agencies Sponsors: YOUNG / AGUILAR Summary: Sunset Process - House Public Health Care and Human Services. The bill implements the recommendations contained in the department of regulatory agencies' sunset report on the regulation of home care agencies and home care placement agencies by the Colorado department of public health and environment (department), as modified by the house public health care and human services committee (sunset committee) during the sunset hearing, by: * Continuing the department's licensure of home care agencies for 5 years, until 2019; * Clarifying that owners and managers or administrators must obtain a criminal history record check with respect to an application for a home care agency license or home care placement agency registration, and, in connection therewith, defining "owner", "manager" and "administrator"; * Excluding from the definition of "home care agency" a program of allinclusive care for the elderly (PACE) that is regulated by the department of health care policy and financing, but specifying the department's regulatory authority over PACE providers that furnish PACE home care services; * Identifying which convictions may serve as a basis for a home care agency's or a home care placement agency's denial of employment or a referral of a provider and directing the state board of health (state board) to promulgate rules to provide factors for the agencies to consider in determining whether a conviction for an offense should disqualify a provider; * Directing the state board to promulgate rules requiring home care placement agencies to retain their records for inspection by the department and to set fees for home care placement agency registration to cover the direct and indirect costs of the department's oversight of home care placement agencies; and * Authorizing the department to inspect home care placement agencies' records and to remove a home care placement agency from the registry if the inspection reveals that the agency is noncompliant with the statutory requirements connected to the agency's registration. Status: 04/28/2014 Introduced In Senate - Assigned to Health & Human Services SB14-003 Colorado Child Care Assistance Program Comment: Calendar Notification: NOT ON CALENDAR Short Title: Colorado Child Care Assistance Program Sponsors: NICHOLSON / PETTERSEN Summary: CLICK ON THE BLUE BILL NUMBER TO VIEW THE MOST CURRENT VERSION OF THE BILL WITH THE AMENDMENTS INCORPORATED. Status: 04/25/2014 Introduced In House - Assigned to Health, Insurance, & Environment SB14-088 Suicide Prevention Commission Comment: Calendar Notification: Monday, April 28 2014 Appropriations 12:00 p.m. Room LSB-A (8) in house calendar. Short Title: Suicide Prevention Commission Sponsors: NEWELL / KRAFT-THARP Summary: The bill creates the suicide prevention commission (commission) for the purpose of providing public and private leadership and recommendations regarding suicide prevention in Colorado. The commission will have members who represent the public and private sectors and who have experience with, or have been affected by, suicide and suicide prevention. The department will provide administrative support to the commission. The bill requires the office of suicide prevention to include recommendations of the commission in its annual report to the general assembly and present the report in the annual SMART Act hearings. The bill authorizes the department of public health and environment to receive gifts, grants, and donations for the costs associated with the implementation and duties of the commission. Status: 04/25/2014 House Committee on Legislative Council Refer Amended to Appropriations SB14-156 Public Benefit Corp Must File Annual Reports Comment: Calendar Notification: NOT ON CALENDAR Short Title: Public Benefit Corp Must File Annual Reports Sponsors: KEFALAS / LEE Summary: The bill requires public benefit corporations to file an annual report. Status: 04/15/2014 House Third Reading Passed - No Amendments SB14-166 Create By Colorado App To Promote Businesses In CO Comment: Calendar Notification: Monday, April 28 2014 Appropriations 12:00 p.m. Room LSB-A (3) in house calendar. Short Title: Create By Colorado App To Promote Businesses In CO Sponsors: CARROLL / TYLER Summary: The bill directs the Colorado office of economic development (office) to contract for the creation of mobile application software (app) that identifies local businesses in Colorado. Local businesses, which are defined as businesses that are owned, located, or headquartered in, or that manufacture in, the state, may elect to participate in the app. Status: 04/24/2014 House Committee on Business, Labor, Economic, & Workforce Development Refer Unamended to Appropriations