Associated General Contractors/Colorado -- Membership Bill Tracker

HB24-1008 Wage Claims Construction Industry Contractors 
Comment: 1/16/24
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: M. Duran (D) | M. Froelich (D) / J. Danielson (D)
Summary:

For wage claims brought by individuals working in the construction industry, the bill:

  • Requires that a subcontractor that receives a written demand for payment forward a copy of the written demand for payment to the general contractor within 3 business days after receipt;
  • Specifies that a general contractor and a subcontractor that is a direct employer of an employee are jointly and severally liable for all debts owed based on a wage claim or investigation that are incurred by the subcontractor acting under, by, or for the general contractor; and
  • Allows a general contractor to require the following information from each subcontractor acting under, by, or for the general contractor:
  • Pay data;
  • Contact information; and
  • An affidavit attesting to whether the subcontractor has participated in a civil or administrative proceeding within the last 5 years and, if so, the outcome of the proceeding.
    (Note: This summary applies to this bill as introduced.)

Status: 1/10/2024 Introduced In House - Assigned to Business Affairs & Labor
2/8/2024 House Committee on Business Affairs & Labor Refer Amended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2024-01-10
Amendments: Amendments

HB24-1014 Deceptive Trade Practice Significant Impact Standard 
Comment: 1/16/24
Position: Oppose
Calendar Notification: Monday, March 11 2024
SENATE JUDICIARY COMMITTEE
1:30 PM Old Supreme Court
(1) in senate calendar.
Sponsors: M. Weissman (D) | J. Mabrey (D) / J. Gonzales (D)
Summary:

The bill establishes that evidence that a person has engaged in an unfair or deceptive trade practice constitutes a significant impact to the public.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/10/2024 Introduced In House - Assigned to Judiciary
2/7/2024 House Committee on Judiciary Refer Unamended to House Committee of the Whole
2/9/2024 House Second Reading Special Order - Passed - No Amendments
2/12/2024 House Third Reading Passed - No Amendments
2/13/2024 Introduced In Senate - Assigned to Judiciary
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2024-01-10
Amendments:

HB24-1041 Streamline Filing Sales & Use Tax Returns 
Comment: 2/6/24
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: C. Kipp (D) | R. Taggart (R) / J. Bridges (D) | K. Van Winkle (R)
Summary:

Sales and Use Tax Simplification Task Force. Under current law, the executive director of the department of revenue (executive director) is authorized to permit taxpayers whose monthly tax collected is less than $300 to make returns and pay taxes at quarterly intervals. The bill increases that threshold to $600 for returns that must be filed on and or after January 1, 2025, and allows the executive director by rule to increase the threshold amount for returns that must be filed on or after January 1, 2026.

The bill also imposes thresholds that prohibits home rule cities, towns, and city and counties that collect their own sales and use taxes and do not use the electronic sales and use tax simplification system administered by the department of revenue (SUTS) must adhere to in allowing taxpayers to make returns and pay sales and use taxes. On and after January 1, 2025, a taxpayer must be permitted to make returns and pay sales and use taxes as follows:

  • Once a year if the taxpayer annually collects less than $2,000;
  • Quarterly if the taxpayer annually collects between $2,000 and $25,000; and
  • Monthly if the taxpayer annually collects more than $25,000.

Additionally, the bill requires all local taxing jurisdictions to begin using SUTS by July 1, 2025. Local taxing jurisdictions that do not begin using SUTS by July 1, 2025, will be precluded from participating in the streamlined process for collecting sales and use tax from retailers that have a state standard retail license and either do not have a physical presence within the local taxing jurisdiction or have only incidental presence. from collecting sales and use tax from a retailer that does not have physical presence in the state unless the retailer elects to collect and remit sales and use tax or enters into a voluntary collection agreement with a home rule city, town, or city and county. $17,200 is appropriated to the department of revenue for the implementation of the bill.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/10/2024 Introduced In House - Assigned to Finance
2/1/2024 House Committee on Finance Refer Amended to Appropriations
2/16/2024 House Committee on Appropriations Refer Amended to House Committee of the Whole
2/16/2024 House Second Reading Special Order - Passed with Amendments - Committee
2/20/2024 House Third Reading Passed - No Amendments
2/21/2024 Introduced In Senate - Assigned to Finance
2/29/2024 Senate Committee on Finance Refer Unamended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2024-01-10
Amendments: Amendments

HB24-1050 Simplify Processes Regarding Certain Local Government Taxes 
Comment: 2/6/24
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: R. Taggart (R) | C. Kipp (D) / J. Bridges (D) | K. Van Winkle (R)
Summary:

Sales and Use Tax Simplification Task Force. Section 1 of the bill requires local taxing jurisdictions that impose a local lodging tax or a sales or use tax on building or construction materials that integrate such taxes into building permits (applicable sales or use tax) to file with the executive director of the department of revenue (executive director) a copy of the resolution or ordinance, and any amendments thereto, imposing such taxes and, if not included in the resolution, ordinance, or amendments, certain additional information related to each type of tax. For local lodging taxes, the bill requires local taxing jurisdictions to report the rate and calculation of the tax. For the applicable sales or use tax, the bill requires local taxation jurisdictions to report the rate and calculation, what information is included on building permits, the timing for remittance of the tax, and whether the tax is imposed on asphalt equipment, storage of equipment, or services.

By not later than July 1, 2025, and by not later than January 1 and July 1 of each year thereafter, the executive director must publish the information in the local taxing jurisdiction's reports relating to the local lodging tax and applicable sales or use tax.

Sections 2, 3, and 4 modify the scope of the sales and use tax simplification task force (task force) to include simplification of local lodging tax systems and require that in the 2024 interim, the task force receive testimony and proposals related to the feasibility and implementation of an electronic system for the collection and remittance of local lodging taxes in the same manner or in a manner similar to the electronic sales and use tax simplification system. The task force may propose legislation for the 2025 legislative session to implement or create such an electronic portal. The department of revenue is required to issue a request for information for an electronic system for the collection and remittance of local lodging taxes and present the information received to the task force by not later than September 1, 2024.
(Note: This summary applies to this bill as introduced.)

Status: 1/10/2024 Introduced In House - Assigned to Finance
2/1/2024 House Committee on Finance Refer Amended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2024-01-10
Amendments: Amendments

HB24-1083 Construction Professional Insurance Coverage Transparency 
Comment: 1/16/24
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Willford (D) | K. Brown (D) / L. Cutter (D)
Summary:

The bill requires the division of insurance (division) to conduct or cause to be conducted a study of construction liability insurance for construction professionals in Colorado. The study must identify the following:

  • All insurers offering construction liability policies in Colorado (policies);
  • The rates charged by insurers for policies and the basis for the rates, including data for the past 5 years, if available;
  • Risk factors, classifications, and coverage descriptions insurers use to set policy rates;
  • A comparison of the policy rates insurers charge with rates charged by other states in the region to cover similar residential projects;
  • Policy coverage terms; and
  • Common limitations or exclusions from policy coverage.

The bill requires that, at least 14 days prior to closing the sale of a new residence, the seller of the residence provide the purchaser and the county clerk and recorder's office for the county where the new residence is located with information regarding the insurance coverage for the property subject to the sale, including:

  • Identification of each policy and the coverage provider that may provide coverage for a construction professional's work on the residence;
  • The amount of the policy limits for each policy identified;
  • The policy period for each policy identified, including whether the policy provides coverage on a claims-made basis or occurrence basis; and
  • Identification of relevant exclusions from coverage.
    (Note: This summary applies to this bill as introduced.)

Status: 1/10/2024 Introduced In House - Assigned to Business Affairs & Labor
1/25/2024 House Committee on Business Affairs & Labor Refer Amended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2024-01-10
Amendments: Amendments

HB24-1095 Increasing Protections for Minor Workers 
Comment: 2-6-24
Position: Amend
Calendar Notification: NOT ON CALENDAR
Sponsors: S. Lieder (D) | J. Amabile (D) / T. Sullivan (D)
Summary:

The bill increases penalties for violations of the "Colorado Youth Employment Opportunity Act of 1971" (act) and requires that the penalties be deposited into the wage theft enforcement fund. Entities that violate the act must also pay specified damages to the individual who is aggrieved. The bill eliminates a provision in current law penalizing a person, having legal responsibility for a minor, who knowingly permits the minor to be employed in violation of the act.

The director of the division of labor standards and statistics (director) is required to include a description of the penalties and damages owed in the written notice issued to an employer if the act is violated.

The division of labor standards and statistics is required to treat all final orders issued for violations of the act as public records and to release information related to a violation to the public upon request pursuant to the "Colorado Open Records Act", unless the director makes a determination that the information is a trade secret.

The director may, or, at the request of the individual aggrieved, must, file a certified copy of a final order for a violation of the act with the clerk of any court having jurisdiction over the parties at any time after the entry of the order.

The bill applies the state's discrimination and retaliation prohibitions to individuals attempting to exercise rights protected by the act and creates a rebuttable presumption of retaliatory action if an entity engages in adverse action against an individual aggrieved within 90 calendar days after the individual aggrieved exercises a right protected by the act.


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

Status: 1/24/2024 Introduced In House - Assigned to Business Affairs & Labor
2/15/2024 House Committee on Business Affairs & Labor Refer Amended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2024-01-24
Amendments: Amendments

HB24-1107 Judicial Review of Local Land Use Decision 
Comment: 2/6/24
Position: Support
Calendar Notification: Monday, March 4 2024
GENERAL ORDERS - SECOND READING OF BILLS
(2) in house calendar.
Sponsors: W. Lindstedt (D) / J. Bridges (D)
Summary:

The bill requires a court to award reasonable attorney fees to a prevailing defendant in an action for judicial review of a local land use decision, except for an action brought by the land use applicant before the governmental entity. Filing an action for judicial review of a local land use decision does not affect the validity of the local land use decision. The bill authorizes a governmental entity and the public to rely on the local land use decision in good faith for all purposes until the action for judicial review is resolved.


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

Status: 1/25/2024 Introduced In House - Assigned to Transportation, Housing & Local Government
2/27/2024 House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole
3/1/2024 House Second Reading Laid Over Daily - No Amendments
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2024-01-25
Amendments: Amendments

HB24-1125 Tax Credit Commercial Building Conversion 
Comment: 2/6/24
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: A. Valdez (D) | M. Soper (R) / K. Priola (D) | J. Bridges (D)
Summary:

The bill creates a new refundable tax credit to be claimed in tax years commencing on or after January 1, 2026, and before January 1, 2036. The credit may be claimed for certain costs related to the conversion of a commercial structure to a residential structure.

In order to claim the credit, a person must submit an application, a conversion plan, and an estimate of the qualified conversion expenditures under the conversion plan (documents) to the governor's office of economic development (office). Within 90 days of receiving documents, the office shall review the documents, determine whether to reserve a tax credit for the applicant, and provide written notice to an applicant for whom the office determines to reserve a tax credit.

The office may not reserve a tax credit in excess of $3 million for any one project and may not reserve more than $5 million of tax credits during any calendar year. If the office reserves less than $5 million in a calendar year, the office may reserve a total of $5 million plus the amount less than $5 million that the office did not reserve in the previous calendar year.

An applicant for whom the office reserves a tax credit shall commence a conversion plan and incur 20% or more of the estimated qualified conversion expenditures (expenditures) within 18 months of receiving notice from the office that it is reserving a tax credit for the applicant. Such an applicant shall place in service the conversion set forth in a conversion plan on or before December 31, 2035.

After an applicant has placed a conversion in service, the applicant shall notify the office and provide the office with documentation of the applicant's certification of the expenditures and a certified public accountant's review of the expenditures. Within 90 days of receiving this documentation, the office shall review this documentation and issue a tax credit certificate to the applicant in an amount equal to 25% of the expenditures.

If, as of the last day of any taxable year within 15 taxable years from when the applicant placed a conversion in service, the structure that is the subject of the conversion plan is not a qualified residential structure, the qualified applicant shall add the full amount of the credit to its return as a recaptured credit for that taxable year.

The bill requires the office, in consultation with the department of revenue, to submit an annual report to the general assembly on the impact of the tax credit and to promulgate any policies and procedures necessary to implement the tax credit.


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

Status: 1/29/2024 Introduced In House - Assigned to Finance
2/29/2024 House Committee on Finance Refer Amended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2024-01-29
Amendments:

SB24-023 Hold Harmless for Error in GIS Database Data 
Comment: 2/6/24
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Van Winkle (R) | J. Bridges (D) / C. Kipp (D) | R. Taggart (R)
Summary:

Sales and Use Tax Simplification Task Force. The department of revenue owns and maintains a GIS database that is provided to vendors to determine the jurisdictions to which tax is owed and to calculate appropriate sales and use tax rates for individual addresses. The bill establishes that any vendor that properly uses and reasonably relies on the information in the GIS database to determine the tax rate and local taxing jurisdictions to which sales or use tax is owed is held harmless in an audit by a local taxing jurisdiction for an underpayment of tax, charge, or fee liability that results solely from an error or omission in the GIS database data. The bill requires the department of revenue to update the GIS database within 30 days of its receipt of updated or corrected information from a local taxing jurisdiction, provide a reasonably convenient method for a local taxing jurisdiction to report an error in the GIS database data, and ensure the data in the GIS database, including jurisdictional boundaries and tax rates, is at least 95% accurate.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/10/2024 Introduced In Senate - Assigned to Finance
1/30/2024 Senate Committee on Finance Witness Testimony and/or Committee Discussion Only
2/15/2024 Senate Committee on Finance Refer Amended - Consent Calendar to Senate Committee of the Whole
2/21/2024 Senate Second Reading Passed with Amendments - Floor
2/22/2024 Senate Third Reading Passed - No Amendments
2/22/2024 Introduced In House - Assigned to Finance
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2024-01-10
Amendments: Amendments

SB24-085 Sales & Use Tax Rebate for Digital Asset Purchases 
Comment: 2/6/24
Position: Support
Calendar Notification: Thursday, March 7 2024
SENATE BUSINESS, LABOR, & TECHNOLOGY COMMITTEE
Upon Adjournment Old Supreme Court
(1) in senate calendar.
Sponsors: K. Priola (D) | J. Buckner (D) / J. Parenti (D) | R. Weinberg (R)
Summary:

For the state fiscal year beginning July 1, 2026, and for each state fiscal year thereafter through the state fiscal year beginning July 1, 2033, the bill allows a data center business or a data center operator (taxpayer) to claim a rebate for all state sales and use tax that the taxpayer paid for construction materials or data center equipment that is for the construction or operation of an eligible data center.

To be eligible to claim a sales and use tax rebate, a taxpayer is required to obtain certification from the Colorado office of economic development (office) stating that the data center is an eligible data center and that the taxpayer may claim a rebate of state sales and use tax (certification). An "eligible data center" is defined as a data center that creates a specified number of jobs, generates a specified amount of revenue, and requires a specified amount of power. The sales and use tax rebate is allowed only for the sale, storage, or use of construction materials or data center equipment that occurs on or after the date that the taxpayer obtains certification from the office.

When a taxpayer believes that the data center that will be identified in a sales and use tax rebate application satisfies the criteria to be an eligible data center, the taxpayer may apply to the office for the certification. The taxpayer must demonstrate in the certification application that the data center is an eligible data center, and the taxpayer is required to submit any documentation or proof that the office deems necessary to determine whether a data center satisfies the criteria to be an eligible data center.

Before issuing a certification, the office shall provide the application to the Colorado economic development commission (commission) to determine whether the data center satisfies the criteria to be an eligible data center, and the commission shall approve or deny the certification. When approving an application for certification as an eligible data center, the commission may limit a certification by specifying that an eligible data center may claim a rebate only up to a specified dollar amount based on specified economic development priorities. The commission may issue certification for up to 3 data centers to claim a sales and use tax rebate in any fiscal year.

If the commission determines that a data center satisfies the criteria to be an eligible data center, the office is required to notify the department of revenue (department) and issue a certification to the taxpayer.

To claim a sales and use tax rebate, a taxpayer must submit a rebate application and a copy of the certification from the office to the department. A taxpayer is required to submit certain documentation with the application.

The bill allows a taxpayer to assign a certification to specified types of parties after it is awarded.

The bill requires the office and the department to prepare an annual report including information regarding eligible data centers and state sales and use tax rebates allowed. The office is required to submit the report to the finance committees of the house of representatives and senate.


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

Status: 1/24/2024 Introduced In Senate - Assigned to Business, Labor, & Technology
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2024-01-24
Amendments:

SB24-106 Right to Remedy Construction Defects 
Comment:
Position: Support
Calendar Notification: Tuesday, March 5 2024
SENATE LOCAL GOVERNMENT & HOUSING COMMITTEE
2:00 PM SCR 352
(1) in senate calendar.
Sponsors: R. Zenzinger (D) | J. Coleman (D) / S. Bird (D)
Summary:

In the "Construction Defect Action Reform Act" (act), Colorado law establishes procedures for bringing a lawsuit for a construction defect (claim). Section 2 of the bill clarifies that a person that has had a claim brought on the person's behalf is also considered a claimant, and therefore, the act applies to the person for whom the claim is brought. Sections 3 and 6 create a right for a construction professional to remedy a claim made against the construction professional by doing remedial work or hiring another construction professional to perform the work. The following applies to the remedy:

  • The construction professional must notify the claimant and diligently make sure the remedial work is performed; and
  • Upon completion, the claimant is deemed to have settled and released the claim, and the claimant is limited to claims regarding improper performance of the remedial work.

Currently, a claim may be held in abeyance if the parties have agreed to mediation. Section 3 also adds other forms of alternative dispute resolution for which the claim would be held in abeyance. Alternative dispute resolution is binding. If a settlement offer of a payment is made and accepted in a claim, the payment constitutes a settlement of the claim and the cause of action is deemed to have been released, and an offer of settlement is not admissible in any subsequent action or legal proceeding unless the proceeding is to enforce the settlement.

To bring a claim or related action, section 4 requires a unit owners' association (association) to obtain the written consent of at least two-thirds of the actual owners of the units in the common interest community. The consent must contain the currently required notices, must be signed by each consenting owner, and must have certain attestations.

Under the act, a claimant is barred from seeking damages for failing to comply with building codes or industry standards unless the failure results in:

  • Actual damage to real or personal property;
  • Actual loss of the use of real or personal property;
  • Bodily injury or wrongful death; or
  • A risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants.

Section 5 requires the actual property damage to be the result of a building code violation and requires the risk of injury or death or the threat to life, health, or safety to be imminent and unreasonable.

Under current law, an association may institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or 2 or more unit owners on matters affecting a common interest community. For a construction defect matter to affect a common interest community, section 7 requires that the matter concern real estate that is owned by the association or by all members of the association. Section 7 also establishes that, when an association makes a claim or takes legal action on behalf of unit owners when the matter does not concern real estate owned by the association:

  • The association and each claim are subject to each defense, limitation, claim procedure, and alternative dispute resolution procedure that each unit owner would be subject to if the unit owner had brought the claim; and
  • The association has a fiduciary duty to act in the best interest of each unit owner.
    (Note: This summary applies to this bill as introduced.)

Status: 2/5/2024 Introduced In Senate - Assigned to Local Government & Housing
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2024-02-05
Amendments:

SB24-112 Construction Defect Action Procedures 
Comment: 2/6/24
Position: Support
Calendar Notification: Thursday, March 14 2024
SENATE LOCAL GOVERNMENT & HOUSING COMMITTEE
Upon Adjournment SCR 352
(2) in senate calendar.
Sponsors: P. Lundeen (R)
Summary:

Section 1 of the bill adds disclaimers to the "Construction Defect Action Reform Act" that:

  • Are not intended to impose an obligation upon construction professionals to provide an express or implied warranty;
  • Apply to implied warranty claims; and
  • Do not amend or change the terms of or limitation upon an express or implied warranty.

The bill states that a construction professional is not vicariously liable for the acts or omissions of a licensed design professional for any construction defects.

Under current law regarding common interest communities, a unit owners' association (association) must follow a process to obtain the approval of a majority of the unit owners before initiating a construction defect action (action). The approval process:

  • Requires that a meeting be held to consider whether or not to bring the action (meeting);
  • Requires the association to give the unit owners information about the proposed action and certain notices and disclosures before the meeting;
  • Allows the association to amend or supplement the proposed action after the meeting; and
  • Allows the association to omit nonresponsive votes from the total vote count, but allows construction professionals to challenge whether the association made diligent efforts to contact the nonresponsive unit owners.

In connection with this process, section 2 :

  • Requires the association to give notice to unit owners and reobtain unit owner approval to amend or supplement a proposed action after the meeting;
  • Raises the number of unit owners who need to approve the action from a majority to a two-thirds majority;
  • Requires a unit owner to sign the unit owner's vote;
  • Requires the association to give the construction professionals a list of nonresponsive unit owners; and
  • When unit owners' nonresponsiveness is challenged in court:
  • Requires the court to stay the action against the construction professionals and requires the notification and voting process to be performed again unless the court holds that the association diligently contacted the unit owners; and
  • Requires the association to disclose to the construction professionals all information relevant to the unit owners' nonresponsiveness within 21 days after the challenge has been filed.
    (Note: This summary applies to this bill as introduced.)

Status: 2/5/2024 Introduced In Senate - Assigned to Local Government & Housing
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2024-02-05
Amendments: