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Bill: HB16-1275
Title: Taxation Of Corp Income Sheltered In Tax Haven
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (05/23/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (03/28/2016)
Senate CommitteeState, Veterans, and Military Affairs
House CommitteeFinance
Senate SponsorsM. Jones (D)
K. Donovan (D)
House SponsorsM. Foote (D)
B. Pettersen (D)
Official Summary

The bill pertains to an affiliated group of corporations filing a
combined report. In a combined report filing, the tax is based on a
percentage of the entire taxable income of all of the includable
corporations, but the tax is assessed only against the corporation or
corporations doing business in Colorado. Including more affiliated
corporations in the combined report may result in an increase in income
subject to tax.
There are jurisdictions located outside of the United States with no
tax or very low rates of taxation, strict bank secrecy provisions, a lack of
transparency in the operation of its tax system, and a lack of effective
exchange of information with other countries. There are several common
legal strategies for sheltering corporate income in such jurisdictions, often
called tax havens.
Notwithstanding a current requirement in state law that those
corporations with 80% or more of their property and payroll assigned to
locations outside of the United States be excluded from a combined
report, the bill makes a corporation that is incorporated in a foreign
jurisdiction for the purpose of tax avoidance an includable C corporation
for purposes of the combined report.
The bill defines a corporation incorporated in a foreign jurisdiction
for the purpose of tax avoidance to mean any C corporation that is
incorporated in a jurisdiction that has no or nominal effective tax on the
relevant income and that meets one or more of 5 factors listed in the bill,
unless it is proven to the satisfaction of the executive director of the
department of revenue that such corporation is incorporated in that
jurisdiction for a legitimate business purpose.
The bill requires the state controller to credit a specified amount
per fiscal year to the state education fund to be used to help fund public
school education.
The bill requires the secretary of state to submit a ballot question,
to be treated as a proposition, at the statewide election to be held in
November 2016 asking the voters:
  • To increase taxes annually by the taxation of a
corporation's state income that is sheltered in a foreign
jurisdiction for the purpose of tax avoidance;
  • To use the resulting tax revenue to help fund elementary
and secondary public school education; and
  • To allow an estimate of the resulting tax revenue to be
collected and spent notwithstanding any limitations in
section 20 of article X of the state constitution (TABOR).

Custom Summary
Comment
Category
Hearing Room

Bill: HB16-1310
Title: Operators Liable For Oil And Gas Operations
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (07/07/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusSenate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely (04/28/2016)
Senate CommitteeAgriculture, Natural Resources, and Energy
House CommitteeHealth, Insurance, & Environment
Senate SponsorsM. Carroll (D)
House SponsorsJ. Salazar (D)
Official Summary

Under current law governing relations between surface owners and
oil and gas operators, to prevail on a claim the surface owner must present
evidence that the operator's use of the surface materially interfered with
the surface owner's use of the surface of the land. The bill amends this to
allow proof that the operator's oil and gas operations harmed the surface
owner's use of the surface of the land, caused bodily injury to the surface
owner or any person residing on the property of the surface owner, or
damaged the surface owner's property.
The bill also holds oil and gas operators strictly liable for their
conduct if oil and gas operations, including a hydraulic fracturing
treatment or reinjection operation, cause an earthquake that damages
property or injures an individual. A plaintiff establishes a prima facie case
of causation by showing that: An earthquake has occurred; the earthquake
damaged the plaintiff's property or injured the plaintiff; and the oil and
gas operations occurred within an area that has been determined to have
experienced induced seismicity by a study of induced seismicity that has
been independently peer-reviewed. Plaintiffs have 5 years after discovery
of the damages or injury to file an action.

Custom Summary
Comment
Category
Hearing Room

Bill: HB16-1355
Title: Affirm Local Gov Siting Auth Oil & Gas Facilities
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (07/21/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusHouse Second Reading Lost with Amendments - Floor (04/04/2016)
Senate Committee
House CommitteeState, Veterans, & Military Affairs
Senate SponsorsM. Jones (D)
J. Ulibarri (D)
House SponsorsS. Ryden (D)
M. Foote (D)
Official Summary

Current law specifies that local governments have so-called
House Bill 1041 powers, which are a type of land use authority, over oil
and gas mineral extraction areas only if the Colorado oil and gas
conservation commission has identified a specific area for designation;
sections 2 and 3 repeal that limitation.
Section 4 includes specific authority to regulate the siting of oil
and gas facilities in counties' existing land use authority. Section 5 makes
the same changes with regard to municipalities' existing land use
authority.
Sections 6 and 7 specify that the Colorado oil and gas
conservation commission's authority to regulate oil and gas operations,
including the siting of oil and gas facilities, does not exempt oil and gas
facilities from local governments' siting authority and that oil and gas
operators must ensure that the location of oil and gas facilities complies
with city, town, county, or city and county siting regulations.

Custom Summary
Comment
Category
Hearing Room

Bill: HB16-1403
Title: Colorado Secure Savings Plan
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (07/21/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusHouse Committee on Finance Postpone Indefinitely (05/04/2016)
Senate Committee
House CommitteeFinance
Senate SponsorsN. Todd (D)
K. Donovan (D)
House SponsorsB. Pettersen (D)
J. Buckner (D)
Official Summary

The bill establishes the Colorado secure savings plan (plan), which
is a retirement savings plan for private-sector employees in the form of
an automatic enrollment payroll deduction individual retirement account.
Employers with a specified number of employees in the state are required
to participate in the plan, but any employer may choose to participate in
the plan.
The Colorado secure savings plan board of trustees (board) is
created and consists of the state controller, the director of the governor's
office of state planning and budgeting, and 7 additional trustees with
certain experience who are appointed by the governor and confirmed by
the senate. The trustees on the board have a fiduciary duty to the plan's
enrollees and beneficiaries and are required to:
  • Establish investment options that offer employees returns
on contributions without incurring debt or liabilities to the
state;
  • Establish the process for allocating investment earnings
and losses to individual plan accounts on a pro rata basis;
  • Make and enter into contracts and hire staff as necessary
for the administration of the plan;
  • Conduct a periodic review of the performance of any
investment vendors;
  • Cause moneys in the Colorado secure savings plan fund
(fund) to be held and invested together in trust;
  • Establish the process for an enrollee to contribute a portion
of his or her wages to the plan for automatic deposit and
establish the process by which the participating employer
forwards those contributions to the plan;
  • Establish the process for enrollment in the plan including
the process by which an employee can opt not to
participate in the plan;
  • Accept gifts, grants, and donations from specified entities
and pursue options for bank loans or a line of credit to
cover the start-up costs of the plan;
  • Procure, as needed, insurance against loss in connection
with the property, assets, or activities of the plan;
  • Allocate administrative fees to individual retirement
accounts in the plan on a pro rata basis;
  • Set minimum and maximum contribution levels;
  • Facilitate education and outreach to employers and
employees;
  • Ensure that the plan complies with all applicable state and
federal laws;
  • Deposit all gifts, grants, donations, fees, and earnings from
investment of moneys in the fund into the fund and pay the
administrative costs and expenses for the creation,
management, and operation of the plan from moneys in the
fund;
  • Determine any nominal and reasonable assistance that may
be provided to businesses to offset the initial costs of
enrolling employees in the plan;
  • Prepare or cause to be prepared certain annual audits and
annual reports regarding the plan; and
  • Develop a process to ensure that employers are in
compliance with the requirements of the plan and develop
a penalty structure for employers who fail, without
reasonable cause, to enroll employees in the plan.
The bill specifies the process by which the board is required to
engage an investment manager to invest the assets of the plan and
specifies the investment options that the board is required to create.
The bill creates the Colorado secure savings plan fund as a trust
outside of the state treasury, specifies that the fund will include the
individual retirement accounts of enrollees in the plan, and allows the
board to use a certain percentage of moneys in the fund for the
administrative expenses of the plan. The moneys in the fund are not
property of the state and cannot be commingled with state moneys.
The board is required to design and disseminate to all employers
that are required to or that choose to participate in the plan employer and
employee information packets regarding the plan and the options for
employee participation in the plan.
The bill dictates the timing for the board to implement the plan
and a time frame for employers to establish a system by which enrollees
in the plan can remit payroll deduction contributions to the plan.
Employers are required to automatically enroll employees in the plan
unless an employee has opted out of participation in the plan. Enrollees
may select an investment option and contribution level or use the default
investment option and contribution amount established by the board.
The bill specifies that the state and employers do not have any
duty or liability to any party for the payments of any retirement savings
benefits accrued by any individual through the plan.

Custom Summary
Comment
Category
Hearing Room

Bill: HB16-1420
Title: CO Healthcare Affordability & Sustainability Enter
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (05/24/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusSenate Committee on Finance Postpone Indefinitely (05/10/2016)
Senate CommitteeFinance
House CommitteeAppropriations
Senate SponsorsL. Crowder (R)
House SponsorsD. Hullinghorst (D)
Official Summary

The bill creates the Colorado healthcare affordability and
sustainability enterprise (enterprise) as a type 2 agency and
government-owned business within the department of health care policy
and financing (HCPF) for the purpose of participating in the
implementation and administration of a state Colorado healthcare
affordability and sustainability program (program) on and after July 1,
2016, and creates a board consisting of 13 members appointed by the
governor with the advice and consent of the senate to govern the
enterprise. The business purpose of the enterprise is, in exchange for the
payment of a new healthcare affordability and sustainability fee (fee) by
hospitals to the enterprise, to administer the program and thereby support
hospitals that provide uncompensated medical services to uninsured
patients and participate in publicly funded health insurance programs by:
  • Participating in a federal program that provides additional
matching money to states;
  • Using fee revenue, which must be credited to a newly
created healthcare affordability and sustainability fee fund
and used solely for purposes of the program, and federal
matching money to:
  • Reduce the amount of uncompensated care that
hospitals provide by increasing the number of
individuals covered by publicly funded health
insurance; and
  • Increase publicly funded insurance reimbursement
rates to hospitals; and
  • Providing or contracting for or arranging advisory and
consulting services to hospitals and coordinating services
to hospitals to help them more effectively and efficiently
participate in publicly funded insurance programs.
The bill does not take effect if the federal centers for medicare and
medicaid services determine that it does not comply with federal law.
The enterprise is designated as an enterprise for purposes of the
taxpayer's bill of rights (TABOR) so long as it meets TABOR
requirements. The primary powers and duties of the enterprise are to:
  • Charge and collect the fee from hospitals;
  • Leverage fee revenue collected to obtain federal matching
money;
  • Utilize and deploy both fee revenue and federal matching
money in furtherance of the business purpose of the
enterprise;
  • Issue revenue bonds payable from its revenues;
  • Enter into agreements with HCPF as necessary to collect
and expend fee revenue;
  • Engage the services of private persons or entities serving as
contractors, consultants, and legal counsel for professional
and technical assistance and advice and to supply other
services related to the conduct of the affairs of the
enterprise, including the provision of additional business
services to hospitals; and
  • Adopt and amend or repeal policies for the regulation of its
affairs and the conduct of its business.
The existing hospital provider fee program is repealed and the
existing hospital provider fee oversight and advisory board is abolished,
effective July 1, 2016.
The bill specifies that so long as the enterprise qualifies as a
TABOR-exempt enterprise, fee revenue does not count against either the
TABOR state fiscal year spending limit or the referendum C cap, the
higher statutory state fiscal year spending limit established after the voters
of the state approved referendum C in 2005. The bill clarifies that the
creation of the new enterprise to charge and collect the fee is the creation
of a new government-owned business that provides business services to
hospitals as an enterprise for purposes of TABOR and related statutes and
does not constitute the qualification of an existing government-owned
business as a new enterprise that would require or authorize downward
adjustment of the TABOR state fiscal year spending limit or the
referendum C cap.
In order to compensate for a proposed reduction in the amount of
the fiscal year 2016-17 long bill appropriation of revenue from fees
collected by HCPF from hospitals and federal matching money, the bill
appropriates $146,693,573 in healthcare affordability and sustainability
fees and federal funds to the enterprise for fiscal year 2016-17.

Custom Summary
Comment
Category
Hearing Room

Bill: HB16-1421
Title: Allocate Additional FY 2016-17 Gen Fund Revenues
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (06/01/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusHouse Second Reading Laid Over to 05/12/2016 - No Amendments (05/11/2016)
Senate Committee
House CommitteeAppropriations
Senate Sponsors
House SponsorsD. Hullinghorst (D)
Official Summary

Contingent upon the passage of legislation (the CHASE Act) that
eliminates the hospital provider fee at the end of fiscal year 2015-16, the
bill:
  • Requires legislative council staff, as part of its 2016
economic and revenue forecast, to estimate the total
amount of general fund revenues that the state would have
been required to make unavailable for expenditure in fiscal
year 2016-17 and refund in fiscal year 2017-18 but for the
enactment of the CHASE Act; and
  • Requires the amount estimated by legislative council staff
to be allocated as follows:
  • On September 30, 2016, the state treasurer must
transfer the lesser of the full amount or $50 million
to the highway users tax fund (HUTF);
  • On September 30, 2016, the state treasurer must
transfer the lesser of the full amount remaining after
the HUTF transfer has been made or a total amount
of $16.2 million in equal parts to the state severance
tax trust fund and the local government severance
tax fund as repayment of money diverted from those
funds to the general fund in fiscal year 2014-15;
  • The lesser of the full amount remaining after the
HUTF and severance tax fund transfers have been
made or a total amount of $40 million must be used
to reduce the 2016-17 public school finance
negative factor; and
  • The lesser of the full amount remaining after the
HUTF and severance tax fund transfers and the
negative factor allocation have been made or $49.5
million is allocated to governing boards of
state-supported institutions of higher education to
reduce fiscal year 2017-18 tuition increases and
provide additional student financial assistance.
1

Custom Summary
Comment
Category
Hearing Room

Bill: HB16-1435
Title: Low-wage Employer Corporate Responsibility Act
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (06/13/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/10/2016)
Senate CommitteeState, Veterans, and Military Affairs
House CommitteeHealth, Insurance, & Environment
Senate SponsorsJ. Kefalas (D)
J. Ulibarri (D)
House SponsorsC. Duran (D)
K. Becker (D)
Official Summary

The bill, known as the Corporate Responsibility Act, creates the
employment-related public benefits enterprise (enterprise) as a
government-owned business and type 1 agency within the department of
health care policy and financing (HCPF). The enterprise has the business
purpose of improving the health of the pool of workers for low-wage
employment and their families and thereby benefitting low-wage
employers by giving them access to a healthier pool of workers. The
board of directors of the enterprise (board) consists of 7 members
appointed by the governor: 2 who are representatives of employers; 2 who
are representatives of organized labor; one who is employed and is
receiving assistance under a state-subsidized health care assistance
program; one who represents a nonprofit organization that provides health
care services to low-income individuals; and one who represents a
nonprofit organization that advocates in support of health care services
for low-income individuals. Various powers of the enterprise are
specified.
On and after January 1, 2017, the enterprise must impose an
employment-related public benefits fee (fee) based on a per-hour worked
basis for each employee of a low-wage employer that employs 250 or
more employees in Colorado, but a low-wage employer may credit health
care expenditures to or on behalf of a low-wage employee against the
public benefits fee for each low-wage employee's hours. The enterprise
must set the fee in an amount that is reasonably calculated to reflect the
benefit received by such employers from the provision of state-subsidized
health care program assistance to low-wage employees in the state and the
costs to the state of providing that assistance but is neither less than 25
cents nor more than one dollar per hour worked. So long as the enterprise
meets the constitutional requirements for enterprise status under the
taxpayer's bill of rights, fee revenue does not count against the state fiscal
year spending limit.
The employment-related public benefits fee fund (fund) is created
in the state treasury, and all fee revenue and interest and income derived
from the deposit and investment of the fund is credited to the fund. The
enterprise may expend money from the fund to support and improve
health care services provided to individuals who are eligible to receive
services under the Colorado Medical Assistance Act and to defray its
administrative expenses in implementing and administering provisions of
the bill. It is prohibited to transfer money in the fund to any other state
fund or department or agency of state government.
Employers are prohibited from taking various specified actions,
including the discharge of low-wage employees during a specified period
following the implementation of the fee, for the purpose of avoiding or
reducing their liability for the fee. Employers are prohibited from
retaliating against employees for whistleblowing or taking various other
specified actions relating to implementation or enforcement of the bill,
such retaliation is defined as an unfair employment practice, and an
employee retaliated against may file a complaint with the Colorado civil
rights division. The attorney general and district attorneys are
concurrently responsible for the enforcement of the Corporate
Responsibility Act.

Custom Summary
Comment
Category
Hearing Room

Bill: HB16-1450
Title: Allocate Additional Available State Revenues
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (05/24/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusSenate Committee on Finance Postpone Indefinitely (05/10/2016)
Senate CommitteeFinance
House CommitteeAppropriations
Senate SponsorsP. Steadman (D)
L. Guzman (D)
House SponsorsD. Hullinghorst (D)
Official Summary

Contingent upon the passage of legislation (the CHASE Act) that
eliminates the hospital provider fee at the end of fiscal year 2015-16, the
bill:
  • Requires annual estimation for each of the fiscal years
2016-17 through 2020-21 of the total amount of general
fund revenues that the state would have been required to
make unavailable for expenditure in the fiscal year and
refund in the next fiscal year but for the enactment of the
CHASE Act;
  • Requires the amount that is estimated for each fiscal year
and relied upon by the general assembly in developing and
enacting the state budget for the next fiscal year to be
allocated in specified amounts and percentages to:
  • Repayment of the state severance tax trust fund and
the local government severance tax fund for money
diverted from those funds since July 1, 2006;
  • The state education fund;
  • The college opportunity fund program and
institutions of higher education to offset student
tuition costs, improve student services and academic
quality, address controlled maintenance needs, and
provide additional need-based student financial
assistance;
  • The general fund;
  • The capital construction fund;
  • The highway users tax fund for allocation to the
state highway fund for expenditure by the
department of transportation (CDOT) for specified
transportation projects.

Custom Summary
Comment
Category
Hearing Room

Bill: HB16-1454
Title: Primary Participation Act
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (06/02/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/10/2016)
Senate CommitteeState, Veterans, and Military Affairs
House CommitteeState, Veterans, & Military Affairs
Senate SponsorsL. Guzman (D)
House SponsorsT. Dore (R)
D. Moreno (D)
Official Summary

Restoration of the presidential primary election
From 1992 until 2000, the state held a presidential primary
election. The state repealed its presidential primary election in 2003.
Section 2 of the bill restores this election. Specifically, it requires the
state to hold a presidential primary election on a Tuesday on a date
designated by the governor. The date selected for the primary must be no
earlier than the date the national rules of the major political parties
provide for state delegations to the party's national convention to be
allocated without penalty and not later than the third Tuesday in March
in years in which a United States presidential election will be held. In
consultation with the secretary of state, the governor is required to select
the date of the presidential primary election no later than September 1 in
the year before the presidential primary election will be held.
Each major political party (political party) that has a qualified
candidate entitled to participate in the presidential primary election is
entitled to participate in the primary election and must have a separate
party ballot. At the presidential primary election, an elector may vote only
for a candidate on the ballot of the political party with which the elector
has declared an affiliation. An unaffiliated eligible elector may declare an
affiliation with a political party to the election judges at the presidential
primary election.
A ballot used in a presidential primary election must only contain
the names of candidates for the office of the president. The ballot shall
not be used for the purpose of presenting any other issue or question to
the electorate.
Not later than 60 days before the presidential primary election, the
bill requires the secretary of state (secretary) to certify the names and
party affiliations of the candidates to be placed on a presidential primary
election ballot. The bill specifies eligibility requirements that candidates
must meet to have their names placed on the primary election ballot, and
requires the names of candidates appearing on the presidential primary
election ballot to be in an order determined by lot. The secretary
determines the method of drawing lots.
The bill permits the state chairperson of a political party to request
that the secretary provide a place on the presidential primary election
ballot for electors who have no presidential candidate preference to
register a vote to send a noncommitted delegate to the political party's
national convention in specified circumstances.
The bill permits legal challenges to the listing of any candidate on
the presidential primary election ballot and specifies procedures
governing such challenges.
The bill specifies circumstances under which a write-in vote will
be counted, and additional procedures regarding the survey of presidential
primary election returns and the certification of results. The bill also
requires each political party to use the results of the presidential primary
election to allocate delegate votes to presidential candidates in accordance
with state or national party rules.
Section 7 restricts a candidate in a presidential primary from
circulating petitions before the first Monday in November of the year
preceding the year in which the presidential primary election is held. This
section also requires a candidate to file a petition no later than 85 days
before the presidential primary election.
Section 11 requires the general assembly to appropriate moneys
from the general fund to cover the costs of the election incurred by the
state arising from the presidential primary election. Sections 1 and 5
further require the state, by means of an appropriation from the general
fund, to reimburse the counties for all of the actual direct costs they incur
arising from the preparation and conduct of such election. By rule, the
secretary of state is required to determine the type of actual costs for
which the counties are entitled to reimbursement under the bill.
Temporary affiliation by unaffiliated voters
Sections 3 and 6 create a new category of voter to be known as a
temporary affiliated elector, which the bill defines as an unaffiliated
person who is registered to vote and chooses to become affiliated with a
political party on a temporary basis. Section 1 also clarifies that the
nonpresidential primary election used to elect candidates for state office
may also be referred to as the state primary.
Under section 6, in connection with any primary election that is
held on or after January 1, 2018, any unaffiliated registered elector may
become a temporary affiliated elector by declaring an intent to
temporarily affiliate with any major or minor political party. This intent
may be declared when the elector desires to vote at a primary election or
the elector may declare his or her intent to become a temporary
unaffiliated elector at any other time during which electors are permitted
to register.
An unaffiliated elector who has declared an intent to become a
temporary affiliated elector is entitled to cast a ballot in any primary
election held during a single general election cycle in which the political
party with whom the elector has chosen to temporarily affiliate has one
or more candidates on such ballot. The period of temporary affiliation
commences 45 days before the presidential primary or state primary, as
applicable. The period of temporary affiliation terminates 30 days after
the date of the presidential primary or state primary, as applicable. At the
end of the temporary affiliation period, the elector's temporary affiliation
with a political party ends and the elector must declare again his or her
intent to become a temporary affiliated elector for each subsequent
general election cycle in which there is a primary election in which the
elector wishes to participate.
The status of being a temporary affiliated elector does not entitle
the elector to be eligible to run as a candidate of the political party with
which he or she is temporarily affiliated, to vote at any precinct caucus,
to serve as a delegate to a party assembly or nominating convention of
such political party at any state, local, or national level, to accept any
public office, including appointment to any state board or commission,
for which partisan affiliation is a requirement of appointment, or to accept
any other public benefit or position for which affiliation with a political
party is a requirement for acceptance of the same. A person who has
become a temporary affiliated elector may accept any appointment for
which unaffiliated status is a requirement of the appointment.
A voter who is unaffiliated may openly declare to the election
judges at a voter service and polling center on the date of the presidential
primary election or state primary, as applicable, that he or she intends to
become a temporary affiliated voter with a particular political party and
be presented with a party ballot of the political party with which he or she
has chosen to temporarily affiliate. A person who has chosen to become
a temporary affiliated elector with one political party is not entitled to
change his or her temporary affiliation to affiliate with another political
party less than 29 days before the presidential primary or state primary
election, as applicable.
Section 4 allows an elector to choose to become a temporary
affiliated elector by means of the online registration system.
Section 5 expands the questions an elector is asked on registering
to vote in person to include whether the elector chooses to become a
temporary affiliated elector.
Section 9 conforms existing statutory procedures that govern
voting at a primary election to accommodate voting by persons who have
become temporary affiliated electors.
Sections 8 and 10 conform existing statutory provisions governing
the required notice that is given to voters before voting in primary
elections to include voting in a presidential primary election and to
accommodate voting in primary elections by persons who have become
temporary affiliated electors.

Custom Summary
Comment
Category
Hearing Room

Bill: HB16-1462
Title: Lieutenant Governor As Governor's Office Appointee
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (07/14/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusGovernor Signed (05/26/2016)
Senate CommitteeState, Veterans, and Military Affairs
House CommitteeState, Veterans, & Military Affairs
Senate SponsorsC. Jahn (D)
L. Guzman (D)
House SponsorsD. Hullinghorst (D)
Official Summary

House Bill 11-1155 authorized the lieutenant governor to also
serve concurrently as the head of a principal department of state
government. The bill allows the lieutenant governor to similarly serve as
a governor's office appointee through the remainder of the current term
of the lieutenant governor. The total amount of salary paid to the
lieutenant governor is limited to the amount that would be paid for service
as the head of a principal department or a governor's office appointee.

Custom Summary
Comment
Category
Hearing Room

Bill: HB16-1465
Title: Modifications Low-income Housing Tax Credit
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (08/18/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusGovernor Signed (06/06/2016)
Senate CommitteeFinance
House CommitteeTransportation & Energy
Senate SponsorsJ. Ulibarri (D)
J. Cooke (R)
House SponsorsC. Duran (D)
J. Becker (R)
Official Summary

The bill makes the following modifications to the existing
Colorado low-income housing tax credit:
  • Extends from 2 years to 5 years, through the calendar year
ending December 31, 2019, the period during which the
Colorado housing and finance authority may allocate
low-income housing tax credits; and
  • Deletes provisions added in 2014 that exempted credit
allocations to developments located in counties impacted
by a natural disaster from the overall aggregate annual
limitation on the amount of credits that may be allocated,
but clarifies that the exemption from the overall annual
limitation still applies to credit allocations for such
purposes allocated in 2015 and 2016.

Custom Summary
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Hearing Room

Bill: HB16-1466
Title: Promoting Affordable Housing
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (06/28/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusSenate Committee on Appropriations Postpone Indefinitely (05/09/2016)
Senate CommitteeState, Veterans, and Military Affairs
House CommitteeTransportation & Energy
Senate SponsorsJ. Ulibarri (D)
House SponsorsM. Tyler (D)
K. Becker (D)
Official Summary

Section 1 of the bill requires the state treasurer, on or before June
30, 2016, to transfer $40 million from the state's unclaimed property trust
fund (unclaimed property moneys) to the division of housing in the
department of local affairs (division) and to the Colorado housing and
finance authority (authority). Of the moneys to be transferred, the bill
requires the state treasurer to transmit:
  • $30 million to the division to be deposited by the division
into the housing development grant fund (HDG fund) to
improve, preserve, or expand the supply of affordable
housing in Colorado, which includes rental assistance for
persons in households with low and very low incomes; and
  • $10 million to the authority to be deposited by the authority
into the affordable housing assistance fund (affordable
housing fund) to support new or existing programs that
provide financial assistance to persons in households with
an income of 80% or less of the area median income for the
purpose of allowing such persons to finance, purchase, or
rehabilitate single family residential homes as well as to
provide financial assistance to any nonprofit entity and
political subdivision that makes loans to persons in such
households to enable such persons to finance, purchase, or
rehabilitate single family residential homes.
If the economic and revenue forecast prepared by legislative
council staff in June 2016 shows that the transfer required by the bill will
result in the state exceeding the constitutional spending limit for the state
fiscal year 2015-16, then the transfer must be reduced by the amount that
causes the state to exceed the spending limit.
Section 2 creates the affordable housing fund in the authority,
which fund is to be administered by the authority. This section specifies
the source of moneys to be deposited into such fund, restricts the use of
the moneys in the fund, and gives the authority the sole administrative
discretion to determine how best to expend moneys deposited into the
affordable housing fund that support the programs that it administers
under the bill.
Sections 3 and 4 direct the division to administer all new or
existing programs to improve, preserve, or expand the supply of
affordable housing in Colorado that are supported by the $30 million
transfer from the unclaimed property trust fund to the HDG fund under
the bill. In administering such programs, the division is authorized, with
the approval of the state housing board, to allocate such moneys to new
or existing programs as it determines will best satisfy the purposes
specified in the bill.

Custom Summary
Comment
Category
Hearing Room

Bill: HB16-1467
Title: First-time Home Buyer Savings Acct Tax Deduction
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (07/22/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusGovernor Signed (06/10/2016)
Senate CommitteeFinance
House CommitteeTransportation & Energy
Senate SponsorsM. Scheffel (R)
B. Martinez Humenik (R)
House SponsorsC. Duran (D)
J. Salazar (D)
Official Summary

The starting point for determining state income tax liability is
federal taxable income. This number is adjusted for additions and
subtractions (deductions) that are used to determine Colorado taxable
income, which amount is multiplied by the state's 4.63% income tax rate.
The bill allows an individual taxpayer to claim a deduction for the
interest and other income earned on contributions made to a first-time
home buyer savings account (account). Beginning January 1, 2017, any
individual may create a first-time home buyer savings account with a
financial institution to be used to pay or reimburse a qualified
beneficiary's eligible expenses for the purchase of a primary residence in
Colorado. To qualify as a beneficiary, a person must never have owned
a single-family, owner-occupied primary residence or, as a result of the
individual's dissolution of marriage, must have been off title for at least
3 years. There are annual and total limits on the contributions to an
account and on the interest and other income earned in the account that
is deductible.
An individual may be the account holder of multiple accounts and
may jointly own the account with another individual, if they file a joint
income tax return. An account holder must designate a qualified
beneficiary by April 15 of the following year and may designate himself
or herself as the qualified beneficiary. An account holder may change the
designated qualified beneficiary at any time, but there may not be more
than one qualified beneficiary at any time. An account holder cannot have
multiple accounts with the same beneficiary, but an individual may be
designated as the qualified beneficiary of multiple accounts.
Money must stay in the account for at least one year before it is
used. After that time, the money in the account that is used for a down
payment and closing costs related to a qualified beneficiary's purchase of
his or her primary residence in the state is exempt from the state income
tax, as are several other uses. If the money in the account is used for any
other purpose, then a pro rata share is subject to recapture in the taxable
year in which it is used. In addition, the account holder is liable for a
penalty that is a percentage of the amount recaptured, unless a qualified
beneficiary purchases a home outside of the state or the qualified
beneficiary dies and is not replaced.
The department of revenue is required to establish a form that an
account holder must complete and file with his or her state income tax
return.

Custom Summary
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Hearing Room

Bill: SB16-016
Title: Modifications To The SCFD
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (05/19/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusGovernor Signed (04/29/2016)
Senate CommitteeFinance
House CommitteeFinance
Senate SponsorsB. Cadman (R)
P. Steadman (D)
House SponsorsD. Hullinghorst (D)
P. Lawrence (R)
Official Summary

In 1987, the general assembly created the scientific and cultural
facilities district (SCFD) in recognition of the importance of scientific
and cultural facilities to residents of the state. Since 1989, the SCFD has
distributed funds from a one-tenth of one percent sales and use tax to
scientific and cultural facilities throughout the 7-county Denver
metropolitan area.
Changes to SCFD ballot question (Section 3). The SCFD's
current authority to levy the sales and use tax expires on June 30, 2018.
Pursuant to its existing statutory authority, the SCFD may submit a ballot
question to the registered voters of the SCFD concerning the extension of
the tax from July 1, 2018, through June 30, 2030. The bill amends the
ballot question and other provisions concerning the extension of the
SCFD tax that may be submitted to the voters as follows:
  • Without increasing the total SCFD sales and use tax rate,
modifies the rates of the 3 taxes collected annually by the
SCFD that are used to fund the following:
  • The Denver museum of nature and science, the
Denver art museum, the Denver zoological gardens,
the Denver botanical gardens, and the Denver center
for the performing arts (tier I facilities);
  • Certain regional scientific and cultural facilities
within the district that are not tier I facilities (tier II
facilities); and
  • County scientific and cultural organizations (tier III
facilities);
  • Specifies that the rates of the 3 taxes collected annually by
the SCFD will change after it collects $38 million in
revenue and specifies how such rates will change; and
  • Extends the authority of the SCFD to levy a sales and use
tax 12 years from the date upon which the authority of the
SCFD is scheduled to expire.
Definitions (Sections 1, 5, and 6). The bill redefines cultural
facility and scientific facility to reflect changes in the arts and sciences
fields since the SCFD was created; clarifies that an organization must be
a 501 (c) (3) nonprofit organization to be a cultural facility or scientific
facility for the purposes of the SCFD; and specifies that a facility's
annual operating income for purposes of the SCFD means income from
mission-based sources and that a facility's paid attendance means the
total paid attendance at all mission-based programs.
Additional district area (Section 2). Some portions of Douglas
county are excluded from the SCFD boundaries. Current law specifies
that those portions of Douglas county may be included in the SCFD if
several criteria are met, including an election to include them prior to
2017. The bill extends the election deadline to 2025.
Items subject to SCFD tax (Sections 3 and 5). Federal law
requires that any taxes collected on aviation fuel must be used at airport
sites. Because the SCFD has had difficulty tracking the source of
revenues to confirm compliance with federal law, the bill exempts the
sale or use of aviation fuel from the SCFD sales and use tax.
SCFD board powers and duties (Section 4). The bill directs the
SCFD board of directors (board) to publish and update annual governance
and transparency notice requirements by posting certain information on
the SCFD website. In addition, the bill removes an obsolete provision
regarding the board's authority.
Deduction for SCFD's costs (Section 5). The bill increases the
percentage of SCFD sales and use tax proceeds that the board is
authorized to keep for administrative purposes to 1.5% of the sales and
use tax revenues annually collected. The bill clarifies that the board may
deduct up to 1.5% of the sales and use tax revenues annually collected up
to and including $38 million and up to 1.5% of the sales and use tax
revenues annually collected in excess of $38 million.
Tier I facilities (Section 5). Beginning July 1, 2018, the bill
changes the distribution of tier I moneys to tier I facilities as follows:
  • Decreases the distribution to the Denver museum of nature
and science from 25% to 24.5%;
  • Decreases the distribution to the Denver art museum from
20.83% to 20.33%;
  • Increases the distribution to the Denver botanical gardens
from 11.75% to 13.25%;
  • Decreases the distribution to the Denver center for the
performing arts from 18.18% to 17.68%; and
  • Maintains the distribution to the Denver zoo at 24.24%.
Tier II facilities (Section 5). The bill makes the following
modifications concerning tier II facilities:
  • Regional service requirement. Because tier II facilities
receive sales and use tax revenue from all 7 counties
included in the SCFD, there is an expectation that the tier
II facilities should serve residents of the entire region. The
bill specifies that tier II organizations are required to
demonstrate their regional service and impact in a manner
determined by the board.
  • Adjustment in minimum annual operating income. The
minimum annual operating income threshold to qualify for
tier II funding is currently adjusted annually by the most
recent Denver-Boulder-Greeley consumer price index
(CPI), which is published after the close of all
organizations' most recently completed fiscal year. The bill
changes the annual adjustment to be based on the average
of the changes in the previous 2 years' CPI.
  • Status as a nonprofit organization. Current law requires
a tier II facility to have been in existence, operating, and
providing service to the public for at least 5 years before
receiving its first distribution of SCFD moneys. The bill
modifies this provision to require that beginning January 1,
2017, a facility must have been in existence, operating, and
providing service to the public for at least 7 years as a 501
(c) (3) nonprofit organization before applying for SCFD
tier II moneys for the first time.
  • Local government taxpayer identification number.
Currently, a local government could potentially create
multiple agencies or divisions within an agency that could
each seek SCFD tier II funding. The bill specifies that no
more than 2 local government facilities per taxpayer
identification number are eligible to receive SCFD moneys
in any year.
  • Factors considered in distribution of moneys. Current
law requires the distribution of moneys to tier II
organizations based on a formula that gives equal weight to
the annual operating income and annual paid attendance at
the facilities. The bill includes the annual documented free
attendance at the facilities in the factors to be considered in
the distribution and directs the board to determine the
weight to give to each factor.
Tier III facilities (Section 5). The bill makes the following
modifications concerning tier III facilities:
  • Elimination of tier II eligibility. Tier II facilities are
currently eligible to apply for funding from tier III moneys.
The bill eliminates tier II facilities from eligible facilities
for tier III moneys.
  • Status as a nonprofit organization. Current law requires
a tier III facility to have been in existence, operating, and
providing service to the public for at least 3 years before
receiving its first distribution of SCFD moneys. The bill
modifies this provision to require that beginning January 1,
2017, a facility must have been in existence, operating, and
providing service to the public for at least 5 years as a 501
(c) (3) nonprofit organization before applying for SCFD
tier III moneys for the first time.
  • Local government taxpayer identification number. As
with tier II facilities, the bill specifies that no more than 2
local government tier III facilities per taxpayer
identification number are eligible to receive SCFD moneys
in any year.
  • County cultural council. The distribution of tier III
moneys is determined by the county cultural council of
each county in the SCFD. The bill allows the county
cultural council to take into consideration an organization's
financial and organizational capacity to spend SCFD
moneys to serve the public and achieve the mission of the
organization when determining how to distribute tier III
moneys.
Obsolete provisions (Section 6). The bill repeals several obsolete
provisions.

Custom Summary
Comment
Category
Hearing Room

Bill: SB16-082
Title: HOA Whisteblower Protection
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (06/10/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusSenate Committee on Business, Labor, & Technology Postpone Indefinitely (03/02/2016)
Senate CommitteeBusiness, Labor and Technology
House Committee
Senate SponsorsM. Carroll (D)
House SponsorsS. Ryden (D)
Official Summary

The bill prohibits a homeowners' association or other person from
retaliating or discriminating against a homeowner who files a complaint;
otherwise acts in furtherance of a complaint, report, or investigation of an
alleged violation of the Colorado Common Interest Ownership Act
(CCIOA) or a legally enforceable document created under the CCIOA;
or exercises or attempts to exercise any right as a homeowner.

Custom Summary
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Bill: SB16-129
Title: Neutral Oversight Of Oil And Gas Activities
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (06/15/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusSenate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely (03/02/2016)
Senate CommitteeAgriculture, Natural Resources, and Energy
House Committee
Senate SponsorsM. Jones (D)
House SponsorsJ. Arndt (D)
Official Summary

The bill implements a recommendation of the Colorado oil and gas
task force to clarify the balanced responsibilities that the Colorado oil and
gas conservation commission has with respect to its oversight of oil and
gas operations.

Custom Summary
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Bill: SB16-210
Title: Fix Colorado Roads Act
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (06/03/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusHouse Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/10/2016)
Senate CommitteeFinance
House CommitteeState, Veterans, & Military Affairs
Senate SponsorsR. Baumgardner (R)
House SponsorsB. DelGrosso (R)
K. Priola (R)
Official Summary

In 1999, the voters of the state authorized the executive director of
the department of transportation (executive director) to issue
transportation revenue anticipation notes (TRANs) in a maximum
principal amount of $1.7 billion and with a maximum repayment cost of
$2.3 billion in order to provide financing to accelerate the construction of
qualified federal aid transportation projects. The executive director issued
the TRANs as authorized. The final payments of principal and interest on
the TRANs will be made during fiscal year 2016-17, which will make
available for expenditure for transportation-related purposes only
revenues dedicated for transportation by federal law, the state
constitution, and state law that the state has been using to make principal
and interest payments on the TRANs.
Section 3 of the bill repeals a requirement that the state treasurer
make conditional transfers, which are reduced or eliminated if the state
is required to refund excess state revenues in accordance with the
taxpayer's bill of rights, of a specified percentage of total general fund
revenues from the general fund to the capital construction fund and the
highway users tax fund for state fiscal years 2017-18, 2018-19, and
2019-20.
Section 4 of the bill requires the state transportation commission
to submit a ballot question to the voters of the state at the November
2016, 2017, or 2018 election which, if approved, would authorize the
executive director to issue additional TRANs in a maximum principal
amount of $3.5 billion and with a maximum repayment cost of $5.5
billion once the TRANs already issued are repaid in full. The additional
TRANs must have a maximum repayment term of 20 years, and the
certificate, trust indenture, or other instrument authorizing their issuance
must provide that the state may pay them in full before the end of the
specified payment term without penalty. Additional TRANs must
otherwise generally be issued subject to the same requirements and for the
same purposes as the original TRANs; except that the transportation
commission must pledge to annually allocate from legally available
money under its control any money needed for payment of the notes in
excess of amounts appropriated by the general assembly from the state
highway fund for payment of the notes as authorized by section 6 of the
bill until the notes are fully repaid.
Section 5 of the bill requires proceeds from the sale of any
additional TRANs that are not otherwise pledged for the payment of the
TRANs to be used only for specified projects until all of the projects have
been funded in whole or in part with such proceeds and have been fully
funded and specifies additional transportation project contract award
process requirements and limitations for a project to be funded in whole
or in part with proceeds of additional TRANs.
Sections 6 and 7 of the bill require 5% of state sales and use tax
net revenue collected on or after July 1, 2017, to be credited to the
highway users tax fund (HUTF), paid from the HUTF to the state highway
fund for use, subject to annual appropriation by the general assembly, for
payment of TRANs and, to the extent not used for that purpose, state
transportation projects. Section 6 also requires 1% of state sales and use
tax net revenue collected on or after July 1, 2017, to be credited to the
capital construction fund.

Custom Summary
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Hearing Room

Bill: SB16-213
Title: Construction Defect Litigation Study Group
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (05/31/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusHouse Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/10/2016)
Senate CommitteeState, Veterans, and Military Affairs
House CommitteeState, Veterans, & Military Affairs
Senate SponsorsM. Scheffel (R)
J. Ulibarri (D)
House SponsorsB. DelGrosso (R)
J. Singer (D)
Official Summary

The bill establishes a construction defect litigation study group
(study group) to investigate construction defect litigation and to create a
report recommending statutory changes and a pilot program within the
judicial department for managing construction defect claims. The study
group shall report by March 1, 2017, to the judiciary committees of the
general assembly and to the chief justice.
The chief justice may adopt a pilot program through a chief justice
directive. If adopted:
  • The pilot program terminates December 31, 2018, unless
extended by the chief justice; and
  • The judicial department shall contract for a study of the
pilot program to be completed within 15 months after the
pilot program commences and, within 14 days after
receiving the report, must forward it to the chief justice and
the judiciary committees of the general assembly.
The bill establishes a construction defect litigation cash fund to
pay expenses for the study group, and, if adopted, the pilot program and
report on the pilot program.

Custom Summary
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Hearing Room

Bill: SB16-218
Title: State Severance Tax Refunds
Position
Hearing Time
Hearing Date
Fiscal NotesFiscal Notes (08/29/2016)
Full TextFull Text of Bill
LobbyistsLobbyists
StatusGovernor Signed (06/10/2016)
Senate CommitteeAppropriations
House CommitteeAppropriations
Senate SponsorsP. Steadman (D)
K. Lambert (R)
House SponsorsM. Hamner (D)
B. Rankin (R)
Official Summary

Joint Budget Committee. Section 1 of the bill reduces the
amount of the general fund reserve for the fiscal year 2015-16 by an
amount equal to the amount of income tax revenue that is deposited in a
reserve to make severance tax refunds. Section 3 establishes the reserve
in which all severance tax revenues are set aside and maintained in order
to make severance tax refunds, prior to allocation to the severance tax
trust fund and the local government severance tax fund. Until July 1,
2017, income tax revenue that would otherwise be deposited in the
general fund may instead be deposited in the reserve if needed to make
the refunds. Section 2 makes a conforming change related to this use of
the income tax revenue.
Section 4 extends a repeal date, so that severance tax revenue can
continue to be allocated to the severance tax trust fund and the local
government severance tax fund between January 1, 2017, and July 1,
2017.
The following amounts are restricted from being used for any
purpose whatsoever:
  • $19.1 million dollars from the severance tax perpetual base
fund; (section 5)
  • $10 million dollars from the severance tax operational
fund; and (section 6)
  • $48 million dollars from the local government severance
tax fund. (section 7)
The money in these funds remains restricted until such time that
the joint budget committee, by a majority vote, releases the restriction on
some or all of the money.

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