Legislative Status Reports

The bill sets forth a legislative declaration concerning the need for consistent and stable child care. It also clarifies certain aspects of the Colorado Child Care Assistance Program that will help provide increased stability for children and families.

State law currently authorizes school districts to ask the eligible electors in their districts for approval to issue bonded indebtedness and specifies the purposes for which a district may issue such bonded indebtedness. The bill would create a new purpose for which a district may issue bonded indebtedness. Specifically, it would allow a district to ask its electors for permission to issue bonded indebtedness to pay the costs that may be paid from the district's general fund, but only if Amendment 61, concerning state and local debt limitations, is adopted by the voters at the November 2010 general election.

The bill would create a relief fund for children with a catastrophic medical condition and a commission for the relief fund for children with a catastrophic medical condition. The bill defines a catastrophic condition as an illness, condition or need for chronic care where the medical expenses are not covered by any insurance contract and exceed 10% of the first $100,000 of annual income of a family plus 15% of the excess income over $100,000.

State law currently authorizes school districts to ask the eligible electors in their districts for approval to issue bonded indebtedness and specifies the purposes for which a district may issue such bonded indebtedness. The bill would create a new purpose for which a district may issue bonded indebtedness. Specifically, it would allow a district to ask its electors for permission to issue bonded indebtedness to pay the costs that may be paid from the district's general fund, but only if Amendment 61, concerning state and local debt limitations, is adopted by the voters at the November 2010 general election.

The state lottery commission would be required, no later than March 1, 2011, to establish and supervise a monitor lottery game. The net lottery proceeds generated by the monitor lottery game shall be credited to the Colorado Scholars cash fund, which is created in the state treasury, to be used to provide post-secondary education financial assistance as set forth in law.

The bill allows an institution of higher education to apply for stipends from the college opportunity fund on behalf of an admitted student using the information in the student's admission application if the student agrees.

Current law requires the Commission on Higher Education to define a process whereby students at public institutions of higher education may test out of core courses and receive credit for those courses without paying tuition. The bill requires the commission to put this process in place beginning in the 2010-11 academic year. The bill allows a non-public institution of higher education to choose to participate in the core course guidelines.

Under current law, anyone may open a college savings account through CollegeInvest for any beneficiary. The bill specifies that any adult may open an account for the benefit of himself or herself in furtherance of the adult's own postsecondary educational goals (lifelong learner). The bill directs CollegeInvest to promote the use of accounts by lifelong learners and to develop and implement procedures to allow an employer to make a matching contribution to a lifelong learner's account for any contribution made by the lifelong learner.
Fiscal note: State revenue will decrease up to $15,974 in FY 2010-11 and up to $39,934 in FY 2011-12 becasue of state income tax deduction.

The bill would expand the use of the CollegeInvest scholarship trust fund to include funding need-based financial aid. The bill would make a one-time transfer of $29.8 million from the CollegeInvest scholarship trust fund to the general fund. The bill would remove the requirement for fiscal year 2010-11 concerning increasing appropriations for student financial assistance.

Authorizes the board of directors of the CoverColorado program to establish a schedule of fees for compensating health care providers who treat CoverColorado participants. Also prohibits health care providers from billing participants for costs in excess of the applicable fee on the fee schedule. Additionally, authorizes the board to maintain enrollment in the CoverColorado program consistent with the program's financial resources.

Requires the commissioner of insurance to adopt rules establishing standard formats for policy forms and explanation-of-benefit forms provided by health insurance carriers to consumers. Obligates the commissioner to seek input from the health insurance industry, consumers and other stakeholders prior to adopting the rules.
Fiscal note: No fiscal impact

The bill requires entities issuing individual sickness and accident insurance polices in this state to provide the same coverage for maternity care as is currently mandated for all group sickness and accident insurance policies. The bill also requires both individual and group policies to provide coverage for pregnancy management, including contraceptive counseling, drugs and devices. The bill excludes abortion procedures and services from pregnancy management.

This bill would repeal some restrictions on health insurance plans in regard to offering rewards or incentives for participation in wellness and prevention programs. The repeal language would be consistent with the federal Health Insurance Portability and Accountability Act of 1996.

The bill creates the "Medical Clean Claims Transparency and Uniformity Act," which requires the executive director of the Department of Health Care Policy and Financing  to establish a task force of industry and government representatives to develop a standardized set of payment rules and claim edits to be used by payers and
health care providers in Colorado.

The bill would prohibit the state from charging a fee for a certified birth or death record when the application is submitted by a county department of social services or human services, or the applicant has a letter of referral from such a county department. It also would prohibit the state from charging a fee for a Colorado identification card to an applicant referred by or recently released from prison, youth corrections or jail.

The bill would allow automatic enrollment in an employee retirement plan. "Automatic enrollment" is defined to allow an employee to specify the amount of his or her wage deduction, or to elect affirmatively to have no wage deduction, under an employee retirement plan.
Fiscal note: No fiscal impact

The bill would require that a county department of social services distribute information concerning child immunizations to all applicants for the ColoradoWorks program, rather than the current statute, which required verification of child immunizations.

Current law does not allow an award of compensatory or punitive damages or attorney fees and costs to a plaintiff who prevails in a lawsuit alleging a discriminatory or unfair employment practice under state law. While federal employment antidiscrimination laws allow such damages and reasonable attorney fees and costs, only employers who employ 15 or more employees are subject to federal law. Moreover, victims of employment discrimination on the basis of sexual orientation are not afforded protections under federal law. Thus, employees who work for employers with fewer than 15 employees or who claim employment discrimination on the basis of sexual orientation are not allowed compensatory or punitive damages or to recover reasonable attorney fees and costs when they prove a case of employment discrimination. The bill establishes the "Workplace Fairness and Civil Rights and Remedies Act of 2010," which would allow the additional remedies of
compensatory and punitive damages in employment discrimination cases
brought under state law.

A "refund anticipation loan" is a loan that is made to a taxpayer based on the taxpayer's anticipated income tax refund. Currently, Colorado does not regulate issuers of refund anticipation loans, commonly known as "refund anticipation loan facilitators." In order to implement the recommendations of the "2010 Sunrise Review: Refund Anticipation Loan Facilitators" conducted by the department of regulatory agencies, the bill would create the "Refund Anticipation Loans Act" and associated regulations.

The bill would make benefit and contribution changes and other modifications to ensure that the Public Employees' Retirement Association (PERA) reaches full funding in the next 30 years.

Be it resolved ... that the General Assembly requests a comprehensive tax study be performed by the University of Denver and that such study be funded by the private sector.

The concurrent resolution would authorize the General Assembly to enact statutes that result in additional state revenues without prior voter approval if the resulting revenues are used for various purposes relating to the funding of preschool through postsecondary education.

The bill would make benefit and contribution changes and other modifications to ensure that the Public Employees' Retirement Association (PERA) reaches full funding in the next 30 years.

The bill would repeal the mandatory late vehicle registration fee of $25 per month up to a maximum of $100 enacted by Senate Bill 09-108 and reinstate the waivable fee of up to $10. It also would repeal  the supplemental unregistered vehicle fine of $25 per month up to a maximum of $100 for knowingly failing to register a vehicle within 90 days of becoming a Colorado resident.
Fiscal note: The bill would reduce Highway Users Tax Fund revenue by $19.4 million in FY 2010-11 and $3.6 million in FY 2011-12.

The Urban and Rural Enterprise Zone Act specifies limitations on the population of an area that may be included in an enterprise zone but does not include a standard method of calculating the population. The bill specifies that the population of an enterprise zone shall be calculated using data from the most recent federal decennial census at the county, municipal, or block levels and that the calculations that require the use of block-level data shall include the entire population of each block in which the enterprise zone is included.

The bill would increase the threshold necessary to trigger a temporary income tax rate reduction as a method to provide a constitutionally required refund of excess state revenues so that the rate reduction does not occur unless there is also an earned income tax credit refund.
Fiscal note: No fiscal impact

The bill would change the administrative penalty for operation of special mobile machinery during a period for which specific ownership tax has not been paid. It would reduce the maximum fee for late registration of a vehicle without motive power that weighs 2,000 pounds or less to $25, along with other exemptions.

A series of bills modifying selected tax credits and exemptions.

Taxpayers are currently allowed to claim a state income tax credit for donating a conservation easement. The amount of the credit is equal to 50% of the fair market value of the easement, with a cap of $375,000. The bill reduces the amount of the cap to $135,000 for donations made on or after January 1, 2011.

Currently, the enterprise zone investment tax credit allows a taxpayer to claim an income tax credit that is equal to a percentage of the taxpayer's total qualified investment in qualified property during an income tax year, as long as the investment is in property that is used solely and exclusively in an enterprise zone for at least one year. For the 2011, 2012, and 2013 income tax years, the bill limits the amount of the credit that a taxpayer may claim to $250,000 and requires that a taxpayer defer claiming any amount of the credit allowed that exceeds $250,000 to the 2014 income tax year.

The state's budget for 2010-11.

The bill requires the finance committees of the House of Representatives and the Senate (the Joint Finance Committee) to jointly conduct meetings on an annual basis to review specified state tax benefits and determine whether they should be continued, repealed or modified.

The bill would prohibit the proponents or other persons from withdrawing an initiative petition after it has been submitted to the secretary of state for verification of signatures. Currently, proponents of an initiative petition can, within 60 days of election, ask the secretary of state not to place the petition on the ballot.
Fiscal note: Some potential revenue from fines