Calendar Notification of Your Bill Dossier

Bill HB24-1249 - T. Winter | M. Martinez / R. Pelton | D. Roberts Tax Credit Agricultural Stewardship Practices
   Monday, March 4 2024
   Agriculture, Water & Natural Resources
   1:30 p.m. Room 0107
   (3) in house calendar.

Bill SB24-126 - P. Will | F. Winter / M. Lukens | M. Lynch Conservation Easement Income Tax Credit
   Tuesday, March 5 2024
   SENATE FINANCE COMMITTEE
   2:00 PM SCR 357
   (4) in senate calendar.

Bill SB24-085 - K. Priola | J. Buckner / J. Parenti | R. Weinberg Sales & Use Tax Rebate for Digital Asset Purchases
   Thursday, March 7 2024
   SENATE BUSINESS, LABOR, & TECHNOLOGY COMMITTEE
   Upon Adjournment Old Supreme Court
   (1) in senate calendar.

Bill HB24-1316 - W. Lindstedt | M. Lindsay / J. Bridges Middle-Income Housing Tax Credit
   Monday, March 11 2024
   Finance
   1:30 p.m. Room 0112
   (4) in house calendar.

Bill HB24-1243 - S. Woodrow Income Tax Owed by Minors on Earned Income
   Monday, March 18 2024
   Finance
   1:30 p.m. Room 0112
   (1) in house calendar.

Bill HB24-1018 - NOT ON CALENDAR

Bill HB24-1036 - NOT ON CALENDAR

Bill HB24-1041 - NOT ON CALENDAR

Bill HB24-1050 - NOT ON CALENDAR

Bill HB24-1052 - NOT ON CALENDAR

Bill HB24-1053 - NOT ON CALENDAR

Bill HB24-1065 - NOT ON CALENDAR

Bill SB24-002 - NOT ON CALENDAR

Bill SB24-016 - NOT ON CALENDAR

Bill SB24-024 - NOT ON CALENDAR

Bill SB24-025 - NOT ON CALENDAR

Bill SB24-033 - NOT ON CALENDAR

Bill SB24-111 - NOT ON CALENDAR

Bill SB24-114 - NOT ON CALENDAR


BILL HB24-1018



The bill creates a state sales and use tax exemption commencing on July 1, 2024, for all sales, storage, use, and consumption of college textbooks. The bill allows a county or municipality to choose to adopt the exemption by express inclusion in its sales and use tax ordinance or resolution.


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



Status
1/10/2024 Introduced In House - Assigned to Finance
2/8/2024 House Committee on Finance Refer Amended to Appropriations

Amendment

House Journal, February 8
19 HB24-1018 be amended as follows, and as so amended, be referred to
20 the Committee on Appropriations with favorable
21 recommendation:
22
23 Amend page 3, line 10, strike "JULY 1, 2024, BUT BEFORE JULY 1, 2029,"
24 and substitute "JANUARY 1, 2025, BUT BEFORE JANUARY 1, 2030,".
25
26 Page 3, after line 13 add:
27
28 "(4) THE DEPARTMENT OF REVENUE, IN CONSULTATION WITH THE
29 STATE AUDITOR, SHALL COLLECT THE INFORMATION NECESSARY FOR THE
30 STATE AUDITOR TO MEASURE THE EFFECTIVENESS OF THE EXEMPTION
31 ALLOWED BY THIS SECTION BASED ON THE TOTAL AMOUNT OF MONEY
32 THAT COLLEGE STUDENTS SAVE FROM THE STATE SALES AND USE TAX
33 EXEMPTION ON TEXTBOOKS.".
34
35 Renumber succeeding subsection accordingly.
36
37 Page 5, line 13, strike "July 1, 2024." and substitute "January 1, 2025.".
38
39




BILL HB24-1036


Legislative Oversight Committee Concerning Tax Policy. The bill repeals the following infrequently used tax expenditures:

The bill also modifies several tax expenditures as follows:



Status
1/10/2024 Introduced In House - Assigned to Finance
2/12/2024 House Committee on Finance Refer Amended to Appropriations

Amendment

House Journal, February 13
33 HB24-1036 be amended as follows, and as so amended, be referred to
34 the Committee on Appropriations with favorable
35 recommendation:
36
37 Amend printed bill, page 4, strike lines 26 and 27.
38
39 Page 5, strike lines 1 and 2.
40
41 Renumber succeeding subparagraphs accordingly.
42
43 Page 16, line 7, strike "2025," and substitute "2026,".
44
45 Page 16, line 17, strike "2028." and substitute "2029.".
46
47 Page 16, strike line 19 and substitute "(1) and (3); and add (6) as
48 follows:".
49
50 Page 16, line 21, strike "(3) Except" and substitute:
51
52 "(1) The general assembly declares that the intended purpose of
53 the tax refund created in this section is to encourage broadband providers
54 to deploy broadband infrastructure in rural areas of the state AND TO
55 CREATE INCENTIVES FOR INVESTMENT IN BROADBAND INFRASTRUCTURE
1 IN ADDITION TO THE INCENTIVES ALREADY CREATED BY OTHER STATE OR
2 FEDERAL LAW.
3 (3) Except".
4
5 Page 16, line 24, strike "2025," and substitute "2027,".
6
7 Page 17, line 1, strike "2028." and substitute "2030.".
8
9 Page 18, strike lines 20 through 27.
10
11 Page 19, strike lines 1 through 15.
12
13 Renumber succeeding sections accordingly.
14
15




BILL HB24-1041


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:

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

Amendment

House Journal, February 1
10 HB24-1041 be amended as follows, and as so amended, be referred to
11 the Committee on Appropriations with favorable
12 recommendation:
13
14 Amend printed bill, page 2, line 12, strike "ON AND AFTER JANUARY 1,
15 2025, A" and substitute "A".
16
17 Page 3, line 1, strike "PERMIT TAXPAYERS TO".
18
19 Page 3, strike lines 2 through 12 and substitute "NOT COLLECT SALES AND
20 USE TAX FROM A RETAILER THAT DOES NOT HAVE PHYSICAL PRESENCE IN
21 THE STATE UNLESS THE RETAILER ELECTS TO COLLECT AND REMIT SALES
22 AND USE TAX OR ENTERS INTO A VOLUNTARY COLLECTION AGREEMENT
23 WITH A HOME RULE CITY, TOWN, OR CITY AND COUNTY.".
24
25 Page 3, line 15, after "vendor." insert "(1)".
26
27 Page 3, line 26, strike "AND".
28
29 Page 3, line 27, strike "AND" and substitute "OR".
30
31 Page 4, line 4, strike "MONTHS." and substitute "MONTHS; AND".
32
33 Page 4, before line 5 insert:
34
35 "(c) FOR RETURNS THAT MUST BE FILED ON OR AFTER JANUARY 1,
36 2026, THE EXECUTIVE DIRECTOR MAY BY RULE INCREASE THE AMOUNT OF
37 MONTHLY TAX COLLECTED SET FORTH IN SUBSECTION (1)(b) OF THIS
38 SECTION.".
39
40 Page 4, strike lines 5 through 27.
41
42 Strike page 5.
43
44 Page 6, strike lines 1 through 20.
45
46 Renumber succeeding section accordingly.
47
48

House Journal, February 16
31 HB24-1041 be amended as follows, and as so amended, be referred to
32 the Committee of the Whole with favorable
33 recommendation:
34
35 Amend printed bill, page 6, before line 21 insert:
36
37 "SECTION 5. Appropriation. (1) For the 2024-25 state fiscal
38 year, $17,200 is appropriated to the department of revenue. This
39 appropriation is from the general fund. To implement this act, the
40 department may use this appropriation as follows:
41 (a) $9,625 for personal services related to administration and
42 support;
43 (b) $4,416 for personal services related to taxation services;
1 (c) $2,000 for operating expenses related to taxation services; and
2 (d) $1,159 for tax administration IT system (GenTax) support.".
3
4 Renumber succeeding section accordingly.
5
6 Page 1, line 102, strike "RETURNS." and substitute "RETURNS, AND, IN
7 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
8
9




BILL HB24-1050


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

Amendment

House Journal, February 1
9 HB24-1050 be amended as follows, and as so amended, be referred to
10 the Committee on Appropriations with favorable
11 recommendation:
12
13 Amend printed bill, page 4, line 8, strike "(1)(a.5)(III)" and substitute
14 "(1)(a.5)(II)".
15
16 Page 4, strike lines 9 through 11 and substitute:
17
18 "(V) "LOCAL LODGING TAX INFORMATION" MEANS THE FOLLOWING
19 INFORMATION FOR ALL LOCAL LODGING TAX IMPOSED BY THE LOCAL
20 TAXING JURISDICTION:
21 (A) THE TAX RATE;
22 (B) THE TYPES OF LODGING THAT THE LOCAL LODGING TAX
23 APPLIES TO, INCLUDING ANY CONDITIONS GOVERNING THE APPLICATION OF
24 THE LOCAL LODGING TAX BY LODGING TYPE, SUCH AS, MINIMUM NUMBER
25 OF ROOMS IN A PROPERTY OR USE OF ACCOMMODATIONS;
26 (C) THE NUMBER OF DAYS AFTER WHICH A STAY IS EXEMPT, WHICH
27 MAY BE REFERRED TO AS A LENGTH OF STAY EXEMPTION; AND
28 (D) THE AMOUNT OF THE LOCAL LODGING TAX THAT IS PERMITTED
29 TO BE RETAINED BY THE PARTY RESPONSIBLE FOR COLLECTION OF THE
30 LOCAL LODGING TAX IN EXCHANGE FOR TIMELY FILING, WHICH MAY BE
31 REFERRED TO AS A VENDOR FEE, SERVICE FEE, OR TIMELY FILING
32 DISCOUNT.".
33
34 Page 6, strike line 18.
35
36 Renumber succeeding subparagraphs accordingly.
37
38 Page 7, line 2, strike "(1)(a.5)(III)(A)" and substitute "(1)(a.5)(II)(A)".
39
40 Page 8, strike lines 11 through 20.
41
42 Reletter succeeding sub-sub paragraphs accordingly.
43
44 Page 9, strike lines 5 through 15.
45
46 Renumber succeeding section accordingly.
47
48




BILL HB24-1052


Legislative Oversight Committee Concerning Tax Policy. Section 2 of the bill reinstates a refundable income tax credit (credit) that was available for the income tax year commencing on January 1, 2022, so that the credit is available for the income tax year commencing on January 1, 2024, and is available in a different amount to joint-filers. The credit is for a qualifying senior, which means a resident individual who:

The amount of the credit is:

Notwithstanding the income-based reductions in the allowable credit amount, a taxpayer who also qualifies for a property tax and rent assistance grant or heat assistance grant during calendar year 2024 is eligible to receive the full credit amount.

Section 1 requires the property tax administrator to provide reports from counties related to taxpayers who are eligible for and actually claim the homestead property tax exemption.
(Note: This summary applies to this bill as introduced.)



Status
1/10/2024 Introduced In House - Assigned to Finance
2/12/2024 House Committee on Finance Refer Amended to Appropriations

Amendment

House Journal, February 13
17 HB24-1052 be amended as follows, and as so amended, be referred to
18 the Committee on Appropriations with favorable
19 recommendation:
20
21 Amend printed bill, page 3, strike line 11 and substitute "(3), (4), and (6);
22 repeal (2)(b) as follows:".
23
24 Page 4, line 10, strike "(4.5)" and substitute "(4)".
25
26 Page 4, line 22, strike "JANUARY 1, 2024." and substitute "JANUARY 1,
27 2024, ON OR BEFORE AUGUST 15, 2024.".
28
29 Page 4, line 23, strike "YEAR" and substitute "YEARS".
30
31 Page 4, line 24, after "2022," insert "AND JANUARY 1, 2024,".
32
33 Page 5, line 2, strike "YEAR" and substitute "YEARS".
34
35 Page 5, line 3, after "2022," insert "AND JANUARY 1, 2024,".
36
37 Page 5, line 10, strike "YEAR" and substitute "YEARS".
38
39 Page 5, line 11, after "2022," insert "AND JANUARY 1, 2024,".
40
41 Page 5, after line 15 insert:
42
43 "(d) IN THE CASE OF A PART-YEAR RESIDENT, THE CREDIT
44 ALLOWED UNDER THIS SECTION IS APPORTIONED IN THE RATIO
45 DETERMINED UNDER SECTION 39-22-110 (1).".
46
47 Page 5, strike lines 16 through 27.
48
49 Page 6, strike lines 1 through 19.
50
51 Page 6, after line 19 add:
52
53 "(6) The department of revenue may use the reports received from
54 the property tax administrator in accordance with section 39-3-207 (7) for
55 purposes of confirming that a taxpayer meets the eligibility requirement
56 set forth in subsection (2)(b)(III) of this section. THE DEPARTMENT OF
1 REVENUE MAY USE THE REPORTS RECEIVED FROM THE PROPERTY TAX
2 ADMINISTRATOR IN ACCORDANCE WITH SECTION 39-3-207 (8) FOR
3 PURPOSES OF CONFIRMING THAT A TAXPAYER MEETS THE ELIGIBILITY
4 REQUIREMENT SET FORTH IN SUBSECTION (3)(b)(II)(C) OF THIS SECTION.".
5
6




BILL HB24-1053


Legislative Oversight Committee Concerning Tax Policy. Section 1 of the bill makes the following changes to the state auditor's procedures for evaluating state tax expenditures:

Section 2 requires the state auditor to annually study and evaluate federal tax law, including changes, that may have significant impact on the state's tax base and prepare a report with the state auditor's findings by June 30, 2025, and by June 30 of each year thereafter. Section 3 requires the legislative oversight committee concerning tax policy (committee) to consider the policy considerations set forth in the state auditor's report concerning a review of federal tax law, including changes, that may have a significant impact on the state's tax base, in addition to the policy considerations set forth in the state auditor's tax expenditure evaluations. The committee may request that the state auditor evaluate specific tax expenditures for the next year's evaluation report notwithstanding when the tax expenditure might otherwise be evaluated according to the state auditor's schedule. The committee may additionally request the state auditor to perform specific and discrete research and analysis tasks. Section 4 requires that the office of the state auditor present to the task force concerning tax policy (task force) its tax expenditure evaluation reports and annual report concerning federal tax law, including changes, that have significant impact on the state's tax base upon request by the task force. Section 5 extends the committee and the task force until December 31, 2031.
(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
2/12/2024 House Committee on Finance Refer Unamended to Appropriations
2/16/2024 House Committee on Appropriations Refer Unamended to House Committee of the Whole
2/16/2024 House Second Reading Special Order - Passed - No Amendments
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


BILL HB24-1065


For income tax years commencing on and after January 1, 2025, the bill reduces both the individual and the corporate state income tax rates from 4.40% to 4.0%. The bill also exempts the rate reductions from the existing statutory requirements that tax expenditure legislation include a tax preference performance statement in a statutory legislative declaration and repeal after a specified period of tax years.


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



Status
1/10/2024 Introduced In House - Assigned to Finance
2/12/2024 House Committee on Finance Postpone Indefinitely


BILL HB24-1243


Currently, an individual aged 17 years or younger (minor) is liable to the state for income tax on earned income. The bill allows a subtraction from federal taxable income of an amount equal to the earned income of a minor. An employer is not required to deduct income tax from the wages of a minor.


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



Status
2/12/2024 Introduced In House - Assigned to Finance


BILL HB24-1249


The bill establishes a state income tax credit for active qualified stewardship practices on a farm or ranch beginning January 1, 2026. There are 3 tiers of tax credits that may be earned by a qualified taxpayer. For actively practicing one qualified stewardship practice, a qualified taxpayer may earn a state income tax credit equal to $75 per acre of land covered by the qualified stewardship practice, up to a maximum credit of $150,000 in one income tax year. For actively practicing 2 qualified stewardship practices, a qualified taxpayer may earn a state income tax credit equal to $100 per acre of land covered by the qualified stewardship practices, up to a maximum credit of $200,000 in one income tax year. For actively practicing 3 or more qualified stewardship practices, a qualified taxpayer may earn a state income tax credit up to $150 per acre of land covered by the qualified stewardship practices, up to a maximum of $300,000 per income tax year. The tax credit is refundable and may not be carried forward.

To claim the credit, a qualified taxpayer must apply to the department of agriculture for a tax credit certificate. The department of agriculture will evaluate the application and issue the certificate if the taxpayer qualifies for the tax credit. If a tax credit certificate is issued, the qualified taxpayer must attach it to the taxpayer's income tax return and submit it to the department of revenue.

The aggregate amount of tax credits issued in one calendar year cannot exceed $10 million. After certificates have been issued for credits that exceed an aggregate of $10 million for all qualified taxpayers during a calendar year, any claims that exceed the amount allowed are placed on a wait list in the order submitted and a certificate is issued for use of the credit in the next income tax year. No more than $5 million in claims shall be placed on the wait list in any given calendar year.

Only one tax credit certificate may be issued per qualified taxpayer in a calendar year, and the qualified taxpayer claiming the credit may only receive the tax credit for up to 3 income tax years. No credit may be earned if the qualified taxpayer has received another tax credit, a tax deduction, or a grant related to agricultural land health from any source during the income tax year for which the tax credit is sought.


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



Status
2/12/2024 Introduced In House - Assigned to Agriculture, Water & Natural Resources


BILL HB24-1316


The bill creates a pilot program for an income tax credit for owners of qualified housing developments focused on rental housing for middle-income individuals and families. Middle-income individuals and families are those individuals and families with an annual household income between 80% and 120% of the area median income of the households of the same size in the county in which the housing development is located; except that, for rural resort counties, the annual income is between 80% and 140% of the area median income of the households of the same size in the county in which the housing development is located.

During the calendar years commencing on January 1, 2025, and ending on December 31, 2027, the owner of a qualified housing development may be allocated a credit by the Colorado housing and finance authority (CHFA). The amount of the credit is determined by CHFA. The allocation of credits must follow CHFA's published allocation plan, and the aggregate amount of credits allocated in one calendar year cannot exceed $10 million. The allocated credit amount may be used to offset a qualified taxpayer's income taxes each year for a period of 5 years, beginning in the year that the qualified housing development is placed in service. Although the credit may only be claimed for a 5-year period, the owner is required to provide middle-income housing in the qualified housing development for 15 years. A portion of the credit may be recaptured under certain conditions, for instance when the owner reduces the number of units serving middle-income individuals and families. In addition, the credit is allowed against insurance premium taxes for eligible taxpayers that are not subject to income taxes.

The bill also requires CHFA to annually report on the middle-income tax credit pilot program to the general assembly and to make the report publicly available.


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



Status
2/20/2024 Introduced In House - Assigned to Finance


BILL SB24-002


Under current law, counties and municipalities are authorized to issue tax incentives, including property and sales tax credits or rebates, to promote certain uses of real property, such as the installation of renewable energy fixtures. Section 2 of the bill authorizes boards of county commissioners to establish a similar incentive program to offer limited county property tax credits or rebates to participants in a program designed to directly improve an area of specific local concern related to the use of real property in the county. Section 3 sets forth applicable definitions and requirements to establish an incentive program to address an "area of specific local concern", which is defined as "a use of real property in the county that is determined by the board of county commissioners to be diminishing or unavailable based on verifiable data and which use the board of county commissioners finds and declares necessary for the preservation of the health, safety, or welfare of the residents of the county , including as to matters of equity, access to housing, and access to education ". The bill further specifies that an "area of specific local concern" does not include a use of real property in a county that:

An incentive program must be established by resolution or ordinance adopted by a board of county commissioners at a public hearing and must include the board's findings and determinations regarding the specific area of local concern and specific criteria for the qualification of program participants. The county must include specified information regarding the incentive program in a notice of the hearing provided to the clerk of each municipality that is wholly or partly located in the county and that may be impacted by the incentive program. Each such municipality must be allowed to submit written comments and provide testimony at the hearing.

Incentive programs must be evaluated on an annual basis and may be renewed only if determined to be effective. An incentive program must be uniformly applied among all owners of the same class of real or commercial property.

Sections 4 and 5 authorize municipalities to establish an identical incentive program offering limited municipal property tax credits or rebates to participants in a program designed to directly improve an area of specific local concern related to the use of real property in the municipality. A municipal incentive program is subject to the same substantive and procedural requirements as a county program, including the requirement to provide notice of the public hearing regarding the incentive program, and an opportunity to submit written comments and provide testimony at such hearing, to each county that includes all or any portion of the municipality and that may be impacted by the incentive program.

(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 Local Government & Housing
1/30/2024 Senate Committee on Local Government & Housing Refer Amended - Consent Calendar to Senate Committee of the Whole
2/2/2024 Senate Second Reading Passed with Amendments - Committee
2/5/2024 Senate Third Reading Passed - No Amendments
2/6/2024 Introduced In House - Assigned to Transportation, Housing & Local Government
2/13/2024 House Committee on Transportation, Housing & Local Government Refer Unamended to House Committee of the Whole
2/16/2024 House Second Reading Laid Over Daily - No Amendments
2/23/2024 House Second Reading Special Order - Passed with Amendments - Floor
2/26/2024 House Third Reading Passed - No Amendments
2/27/2024 Senate Considered House Amendments - Result was to Concur - Repass

Amendment

Senate Journal, January 31
After consideration on the merits, the Committee recommends that SB24-002 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend printed bill, page 5, line 9, after "(a)" insert "(I)".

Page 5, line 15, strike "COUNTY." and substitute "COUNTY, INCLUDING AS TO
MATTERS OF EQUITY, ACCESS TO HOUSING, AND ACCESS TO EDUCATION.".

Page 5, before line 16 insert:

"(II) "AREA OF SPECIFIC LOCAL CONCERN" DOES NOT INCLUDE A USE OF
REAL PROPERTY IN A COUNTY THAT HARMS OR MAY REASONABLY BE EXPECTED
TO HARM A DISPROPORTIONATELY IMPACTED COMMUNITY AS DEFINED IN
SECTION 24-4-109 (2)(b)(II).
(III) "AREA OF SPECIFIC LOCAL CONCERN" DOES NOT INCLUDE A USE OF
REAL PROPERTY IN A COUNTY THAT PREVENTS OR MAY REASONABLY BE
EXPECTED TO PREVENT MEETING THE MINIMUM GREENHOUSE GAS EMISSION
REDUCTION GOALS AND DEADLINES ESTABLISHED IN SECTION 25-7-102 (2)(g).".

Page 6, line 15, strike "A MUNICIPALITY".

Page 6, strike lines 16 through 18 and substitute "THE COUNTY MUST NOTIFY
THE CLERK OF EACH MUNICIPALITY THAT IS WHOLLY OR PARTLY LOCATED IN
THE COUNTY AND THAT MAY BE IMPACTED BY THE INCENTIVE PROGRAM OF THE
HEARING AT LEAST THIRTY DAYS IN ADVANCE. THE NOTICE MUST DESCRIBE THE
SPECIFIC AREA OF LOCAL CONCERN, INCLUDING THE USE OF REAL PROPERTY,
ADDRESSED BY THE INCENTIVE PROGRAM AND THE PROPOSED COUNTY
PROPERTY TAX CREDIT OR REBATE. EACH MUNICIPALITY MUST HAVE AN
OPPORTUNITY TO SUBMIT WRITTEN COMMENTS AND PROVIDE TESTIMONY AT
THE HEARING.".

Page 8, line 3, after "(a)" insert "(I)".

Page 8, line 9, strike "MUNICIPALITY." and substitute "MUNICIPALITY,
INCLUDING AS TO MATTERS OF EQUITY, ACCESS TO HOUSING, AND ACCESS TO
EDUCATION.".

Page 8, before line 10, insert:

"(II) "AREA OF SPECIFIC LOCAL CONCERN" DOES NOT INCLUDE A USE OF
REAL PROPERTY IN A MUNICIPALITY THAT HARMS OR MAY REASONABLY BE
EXPECTED TO HARM A DISPROPORTIONATELY IMPACTED COMMUNITY AS
DEFINED IN SECTION 24-4-109 (2)(b)(II).
(III) "AREA OF SPECIFIC LOCAL CONCERN" DOES NOT INCLUDE A USE OF
REAL PROPERTY IN A MUNICIPALITY THAT PREVENTS OR MAY REASONABLY BE
EXPECTED TO PREVENT MEETING THE MINIMUM GREENHOUSE GAS EMISSION
REDUCTION GOALS AND DEADLINES ESTABLISHED IN SECTION 25-7-102 (2)(g).".

Page 9, line 8, strike "A COUNTY THAT INCLUDES ALL OR".

Page 9, strike lines 9 through 11 and substitute "THE MUNICIPALITY MUST
NOTIFY THE CLERK AND RECORDER OF EACH COUNTY THAT INCLUDES ALL OR
ANY PORTION OF THE MUNICIPALITY AND THAT MAY BE IMPACTED BY THE
INCENTIVE PROGRAM OF THE HEARING AT LEAST THIRTY DAYS IN ADVANCE. THE
NOTICE MUST DESCRIBE THE SPECIFIC AREA OF LOCAL CONCERN, INCLUDING THE
USE OF REAL PROPERTY, ADDRESSED BY THE INCENTIVE PROGRAM AND THE
PROPOSED MUNICIPAL PROPERTY TAX CREDIT OR REBATE. EACH COUNTY MUST
HAVE AN OPPORTUNITY TO SUBMIT WRITTEN COMMENTS AND PROVIDE
TESTIMONY AT THE HEARING.".

House Journal, February 23
13 Amendment No. 1, by Speaker McCluskie:
14
15 Amend reengrossed bill, page 7, after line 24, insert:
16
17 "(b) THE BOARD OF COUNTY COMMISSIONERS SHALL, ON AN
18 ANNUAL BASIS, PUBLICIZE THE RESULTS OF THE EVALUATION OF EACH
19 INCENTIVE PROGRAM ESTABLISHED PURSUANT TO THIS SECTION AT A
20 HEARING THAT IS OPEN TO THE PUBLIC AND THAT INCLUDES AN
21 OPPORTUNITY FOR PUBLIC TESTIMONY.".
22
23 Reletter succeeding paragraph accordingly.
24
25 Page 11, after line 4, insert:
26
27 "(b) THE GOVERNING BODY OF A MUNICIPALITY SHALL, ON AN
28 ANNUAL BASIS, PUBLICIZE THE RESULTS OF THE EVALUATION OF EACH
29 INCENTIVE PROGRAM ESTABLISHED PURSUANT TO THIS SECTION AT A
30 HEARING THAT IS OPEN TO THE PUBLIC AND THAT INCLUDES AN
31 OPPORTUNITY FOR PUBLIC TESTIMONY.".
32
33 Reletter succeeding paragraph accordingly.
34
35 As amended, ordered revised and placed on the Calendar for Third
36 Reading and Final Passage.
37




BILL SB24-016


A qualified intermediary is a charitable organization that collects charitable contributions from donors and forwards the contributions to charitable recipient organizations. The bill authorizes a taxpayer to make a charitable contribution for which the taxpayer may claim a state income tax credit to a charitable recipient organization through a qualified intermediary that forwards the contribution to the charitable recipient organization, rather than making the contribution directly to the charitable recipient organization, without losing the right to claim the credit.


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



Status
1/10/2024 Introduced In Senate - Assigned to Finance
1/30/2024 Senate Committee on Finance Refer Amended to Appropriations

Amendment

Senate Journal, January 31
After consideration on the merits, the Committee recommends that SB24-016 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, line 20, after the period add "NOTHING IN THIS
SUBSECTION (1) MODIFIES OR ELIMINATES ANY OBLIGATION OF A RECIPIENT
ORGANIZATION, AS SET FORTH IN A STATE LAW, RULE, OR AGENCY GUIDELINE,
TO ISSUE TAX CREDIT CERTIFICATES, COLLECT INFORMATION FROM DONORS,
PROVIDE INFORMATION TO THE DEPARTMENT OF REVENUE OR ANY OTHER STATE
AGENCY, OR TAKE ANY OTHER ACTION NECESSARY FOR THE PROPER
ADMINISTRATION OF A CREDIT.".

Page 3, line 27, strike "FEDERAL "INTERNAL REVENUE CODE OF 1986", AS
AMENDED," and substitute "INTERNAL REVENUE CODE.".

Page 4, line 7, strike "FEDERAL "INTERNAL REVENUE CODE OF 1986", AS
AMENDED," and substitute "INTERNAL REVENUE CODE.".


Finance





BILL SB24-024


Sales and Use Tax Simplification Task Force. The bill requires local taxing jurisdictions, including any home rule locality, to apply the same standards to an accommodation's intermediary as to a marketplace facilitator that is obligated to collect and remit a local lodging tax. The bill prohibits local taxing jurisdictions from requiring additional reporting information from an accommodation's intermediary.
(Note: This summary applies to this bill as introduced.)



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 - No Amendments
2/22/2024 Senate Third Reading Passed - No Amendments
2/22/2024 Introduced In House - Assigned to Finance

Amendment

Senate Journal, February 16
After consideration on the merits, the Committee recommends that SB24-024 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend printed bill, page 2, strike lines 2 through 23.

Strike pages 3 and 4.

Page 5, strike lines 1 through 3.

Renumber succeeding sections accordingly.

Page 5, line 7, before "definitions." insert " legislative declaration -".

Page 5, line 7, strike "FOR PURPOSES OF LOCAL TAX" and substitute "THE
GENERAL ASSEMBLY FINDS AND DECLARES THAT:
(a) LOCAL TAXING JURISDICTIONS MAY IMPOSE A LOCAL LODGING TAX;
(b) LOCAL LODGING TAXES ACROSS LOCAL TAXING JURISDICTIONS VARY
VASTLY;
(c) LOCAL TAXING JURISDICTIONS ALSO VARY ON REPORTING
REQUIREMENTS FOR LOCAL LODGING OPERATORS AND ACCOMMODATION
INTERMEDIARIES;
(d) SUCH VARIATION ACROSS LOCAL TAXING JURISDICTIONS IS
EXCEEDINGLY BURDENSOME ON LOCAL LODGING OPERATORS AND
ACCOMMODATION INTERMEDIARIES;
(e) IT IS OF STATEWIDE CONCERN TO HAVE UNIFORMITY ACROSS LOCAL
TAXING JURISDICTIONS TO PROMOTE ACCURATE COMPLIANCE WITH THE
COLLECTION AND REMITTANCE OF LOCAL LODGING TAXES; AND
(f) IT IS ALSO OF STATEWIDE CONCERN TO STANDARDIZE REPORTING
REQUIREMENTS TO PROMOTE UNIFORM AND CONSISTENT TREATMENT AMONG
TAXPAYERS AND PREVENT DISPARATE TAX TREATMENT.
(2)(a) FOR PURPOSES OF LOCAL TAX".

Renumber succeeding subsections accordingly.

Page 5, line 14, strike "NOTHING IN THIS SECTION PROHIBITS A" and substitute:
"(b) NOTHING IN THIS SECTION PROHIBITS A".

Page 5, line 18, after "BUSINESS." insert "NOTHING IN THIS SECTION PROHIBITS
A LOCAL TAXING JURISDICTION FROM REQUESTING AND OBTAINING ADDITIONAL
INFORMATION OR DATA FROM A MARKETPLACE FACILITATOR OR AN
ACCOMMODATION'S INTERMEDIARY TO BE PROVIDED ON A VOLUNTARY BASIS.
NOTHING IN THIS SECTION PROHIBITS A HOME RULE CITY, FOR PURPOSES
UNRELATED TO THE ADMINISTRATION OF LOCAL TAXES, FROM PASSING AN
ORDINANCE REGULATING A MARKETPLACE FACILITATOR OR AN
ACCOMMODATION'S INTERMEDIARY, INCLUDING AN ORDINANCE GOVERNING THE
ISSUANCE OF INFORMATION OR DATA BY A MARKETPLACE FACILITATOR OR
ACCOMMODATION'S INTERMEDIARY TO THE HOME RULE CITY, UNLESS
OTHERWISE PROTECTED BY STATE OR FEDERAL LAW.".

Page 5, line 18, strike "WITH RESPECT TO ANY SALE, A LOCAL" and substitute:
"(c) WITH RESPECT TO ANY SALE IN A LOCAL".

Page 5, line 19, after "JURISDICTION" insert "THAT HAS PASSED AN APPLICABLE
MARKETPLACE FACILITATOR LAW, A LOCAL TAXING JURISDICTION".

Page 5, line 20, strike "MARKETPLACE. A" and substitute "MARKETPLACE WHEN
THE MARKETPLACE FACILITATOR IS FILING TAX RETURNS WITH THE LOCAL
TAXING JURISDICTION. A LOCAL".

Page 5, line 23, strike "FACILITATOR." and substitute "FACILITATOR THAT HAS
PROVIDED THE MARKETPLACE SELLERS, MULTICHANNEL SELLERS, OR LODGING
SUPPLIERS CONFIRMATION THAT THE MARKETPLACE FACILITATOR IS
RESPONSIBLE FOR REMITTING TAX. NOTHING IN THIS SECTION PROHIBITS A
LOCAL TAXING JURISDICTION FROM AUDITING OR OTHERWISE ASSESSING TAX
AGAINST MARKETPLACE SELLERS, MULTICHANNEL SELLERS, OR LODGING
SUPPLIERS IF THE LOCAL TAXING JURISDICTION HAS NOT PASSED AN APPLICABLE
MARKETPLACE FACILITATOR LAW OR THE MARKETPLACE FACILITATOR HAS
FAILED TO CONFIRM THAT IT REMITS THE TAX.".

Page 5, after line 25 insert:
"(a) "ACCOMMODATIONS INTERMEDIARY" MEANS A MARKETPLACE
FACILITATOR, AS DEFINED IN SECTION 39-26-102 (5.9), WHO FACILITATES THE
SALES OF TRANSIENT LODGING CONSIDERED TO BE A SALE UNDER SECTION
39-26-102 (11) OR A SHORT-TERM RENTAL UNIT.
(b) "LOCAL TAXING JURISDICTION" MEANS ANY LOCAL TAXING
JURISDICTION FOR WHICH THE DEPARTMENT OF REVENUE DOES NOT COLLECT,
ADMINISTER, AND ENFORCE A LOCAL LODGING TAX.
(c) "LODGING SUPPLIER" MEANS AN OPERATOR OF A FACILITY
PROVIDING ROOMS OR ACCOMMODATIONS FOR OVERNIGHT USE FURNISHED TO
ANY PERSON WHO, FOR CONSIDERATION, USES, POSSESSES, OCCUPIES OR HAS THE
RIGHT TO USE, POSSESS, OR OCCUPY ANY SUCH ROOM OR ACCOMMODATION IN
A HOTEL, APARTMENT HOTEL, LODGING HOUSE, MOTEL, MOTOR HOTEL, GUEST
HOUSE, GUEST RANCH, RESORT, MOBILE HOME, MOBILE HOME PARK, AUTO
COURT, INN, TRAILER COURT, TRAILER PARK, HOTEL, OR SHORT-TERM RENTAL
UNDER ANY CONCESSION, PERMIT, LEASE, CONTRACT, OR LICENSE TO USE OR
ANY OTHER SIMILAR ARRANGEMENT.".

Reletter succeeding paragraphs accordingly.


Finance





BILL SB24-025


Sales and Use Tax Simplification Task Force. Under current law, the department of revenue (department) administers, collects, and enforces the local sales or use tax that a statutory local government or a special district imposes and, if requested, administers, collects, and enforces any such tax that a home rule jurisdiction imposes. The statutes that govern the administration, collection, and enforcement of these local sales or use taxes are located in multiple titles of the Colorado Revised Statutes. The bill revises, modernizes, and harmonizes the separate statutes that govern the state administration of local sales or use tax by creating new parts 2 and 3 in article 2 of title 29. In general, the bill makes clear that the department collects, administers, and enforces a local government sales or use tax in the same manner as it collects, administers, and enforces the state sales tax.

The bill:



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 to Senate Committee of the Whole
2/21/2024 Senate Second Reading Passed - No Amendments
2/22/2024 Senate Third Reading Passed - No Amendments
2/22/2024 Introduced In House - Assigned to Finance

Amendment

Senate Journal, February 16
After consideration on the merits, the Committee recommends that SB24-025 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 5, line 1, strike "29-2-209, 29-2-210, AND 29-2-212,"
and substitute "29-2-209 AND 29-2-211,".

Page 5, line 18, after "PROVIDED," insert "AND EXCEPT FOR A HOME RULE
JURISDICTION'S PARTICIPATION IN RESOLVING DISPUTES AS DESCRIBED IN
SECTION 29-2-208 (2) AND (3),"

Page 5, line 20, strike "ANY" and substitute "THEIR".

Page 6, line 27, strike "JURISDICTION" and substitute "JURISDICTION,
REGARDLESS OF WHETHER THE PROVISIONS OF THE SALES TAX ORDINANCE OF
THE REQUESTING HOME RULE JURISDICTION APPLIES THE SALES TAX TO THE
EXEMPTIONS LISTED IN SECTION 29-2-105 (1)(d)(I),".

Page 7, line 6, after "GOVERNMENTS;" add "AND".

Page 7, line 8, strike "39-26-208; C.R.S. and" and substitute "39-26-208. C.R.S.
and".

Page 7, strike lines 9 and 10 and substitute:

"(c) Whether or not the ordinance applies the sales tax to the
exemptions listed in section 29-2-105 (1)(d)(I).".

Page 9, strike line 7.

Page 9, line 9, strike "BALLOT." and substitute "BALLOT, NO LATER THAN
FOURTEEN DAYS AFTER THE ADOPTION OF THE ORDINANCE OR RESOLUTION.".

Page 10, line 7, before "AFTER" insert "THAT IS AT LEAST FORTY-FIVE DAYS".

Page 10, line 13, strike "GOVERNMENT," and substitute "GOVERNMENT OR
REQUESTING HOME RULE JURISDICTION,".

Page 13, strike line 4 and substitute "of 29-2-106 (3)(a)] The".

Page 13, line 5, strike "at no charge," and substitute "at no charge,".

Page 14, strike lines 10 through 27.

Page 15, strike lines 1 through 6 and substitute:

"(2) (a) IF, IN THE COURSE OF A CASE OR CLAIM ARISING UNDER THIS
PART 2, OR UNDER ARTICLE 21 OF TITLE 39, A TAXPAYER OR THE EXECUTIVE
DIRECTOR ASSERTS THAT ALL OR PART OF A SALES OR USE TAX ASSESSMENT OR
REFUND CLAIM HAS BEEN ERRONEOUSLY PAID TO THE STATE OR TO ANOTHER
STATUTORY LOCAL GOVERNMENT, SPECIAL DISTRICT, OR HOME RULE
JURISDICTION, THEN, SUBJECT TO THE REQUIREMENTS SET FORTH IN SUBSECTION
(2)(b) OF THIS SECTION:
(I) NEITHER THE TAXPAYER NOR THE EXECUTIVE DIRECTOR NEEDS TO
FILE A CLAIM FOR REFUND WITH THE JURISDICTION THAT ERRONEOUSLY
RECEIVED THE SALES OR USE TAX;
(II) THE EXECUTIVE DIRECTOR MAY ORDER PAYMENT FROM THE
JURISDICTION THAT ERRONEOUSLY RECEIVED THE SALES OR USE TAX IN THE
AMOUNT ERRONEOUSLY PAID, WITH INTEREST, IF APPLICABLE, PURSUANT TO
SECTION 39-21-110, TO THE CORRECT JURISDICTION, OR TO THE TAXPAYER, AS
THE CASE MAY BE;
(III) NOTWITHSTANDING SECTION 29-2-209, THE PERIODS OPEN OR
CLOSED TO ASSESSMENT OR REFUND UNDER THE ORDINANCE OR RESOLUTION OF
ANY STATUTORY LOCAL GOVERNMENT, SPECIAL DISTRICT, OR HOME RULE
JURISDICTION; UNDER SECTIONS 39-21-107 (1), 36-26-125, 39-26-210, AND
39-26-703; OR UNDER AN INTERGOVERNMENTAL TRANSFER AGREEMENT MAY
NOT BAR ANY OF THE REMEDIES SET FORTH IN THIS SUBSECTION (2)(a);
(IV) THE TAXPAYER SHALL RECEIVE A CREDIT AGAINST ANY ASSESSED
SALES OR USE TAX DUE UP TO THE AMOUNT ORDERED TO BE PAID BY THE
JURISDICTION THAT ERRONEOUSLY RECEIVED THE SALES OR USE TAX; AND
(V) THE EXECUTIVE DIRECTOR MAY WAIVE, FOR GOOD CAUSE SHOWN,
ANY PENALTIES ASSESSED THEREON, OR ANY INTEREST ASSESSED IN EXCESS OF
THE AMOUNT PAID, IF ANY, BY THE JURISDICTION THAT ERRONEOUSLY RECEIVED
THE SALES OR USE TAX PURSUANT TO SUBSECTION (2)(a)(II) OF THIS SECTION.".

Page 15, line 17, strike "DEPARTMENT" and substitute "STATE".

Page 15, line 20, strike "FUNDS, LESS".

Page 15, strike line 21.
Page 15, line 22, strike "SECTION 39-21-108," and substitute "FUNDS".

Page 16, strike lines 8 through 16 and substitute "VENDOR MAY USE THE GIS
DATABASE AND BE HELD HARMLESS AS DESCRIBED IN SECTION 39-26-105.2
WHEN COLLECTING AND REMITTING SALES OR USE TAX TO THE DEPARTMENT
PURSUANT TO THIS PART 2.".

Page 27, line 19, strike "If" and substitute "EXCEPT AS PROVIDED IN SUBSECTION
(5)(d) OF THIS SECTION, if".

Page 28, strike lines 3 through 8 and substitute "ENTITLED TO THE AUTOMATIC
ABATEMENT OF INTEREST AND PENALTIES DESCRIBED IN THIS SUBSECTION (5)(a)
FOR AN ERROR THAT WOULD NOT HAVE OCCURRED IF THE TAXPAYER HAD USED
THE GIS DATABASE DESCRIBED IN SECTION 39-26-105.2 TO DETERMINE THE TAX
RATE AND THE JURISDICTIONS TO WHICH THE SALES OR USE TAX IS DUE.
NOTHING IN THIS SUBSECTION (5)(a) PROHIBITS A LOCAL GOVERNMENT FROM
WAIVING INTEREST OR PENALTIES FOR GOOD CAUSE SHOWN.".

Page 29, after line 13 insert:
"(d) IF ALL PARTIES TO A HEARING DESCRIBED IN THIS SUBSECTION (5)
ARRIVE AT SETTLEMENT PRIOR TO THE HEARING, THE PARTIES MAY AGREE IN
WRITING TO CANCEL THE HEARING. A LOCAL GOVERNMENT TO WHICH THE
TAXPAYER ASSERTS IT PAID THE SALES OR USE TAX IN ERROR MAY PARTICIPATE
IN A SETTLEMENT CONFERENCE AND AGREEMENT DESCRIBED IN THIS
SUBSECTION (5)(d). AFTER CANCELING THE HEARING, NO PARTY HAS A FURTHER
RIGHT TO A HEARING BEFORE THE EXECUTIVE DIRECTOR AND NEITHER PARTY
MAY APPEAL THE DECISION IN THE MANNER PROVIDED IN SECTION 39-21-105.".

Page 61, line 14, strike "Beginning July 1, 2024, any" and substitute "Beginning
July 1, 2014, Any".

Page 63, line 19, strike "shall" and substitute "shall:".

Page 63, strike lines 20 through 25 and substitute:

"(I) Any district formed prior to or on July 1, 1993, pay in any given
fiscal year commencing on or after July 1, 1994, more than an amount equal to
the amount paid by the district in the 1993-94 fiscal year; as adjusted in
accordance with changes in the consumer price index for the Denver-Boulder
consolidated statistical area DEPARTMENT OF LABOR, BUREAU OF LABOR
STATISTICS CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL
ITEMS AND ALL URBAN CONSUMERS, OR ITS APPLICABLE PREDECESSOR OR
SUCCESSOR INDEX;
(II) Any district formed after July 1, 1993, pay in any given fiscal".

Page 66, line 14, strike "levied and collected" and substitute "levied and
collected, ADMINISTERED, AND ENFORCED BY THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF REVENUE".

Page 67, strike lines 2 through 5 and substitute "monthly distribution of sales
tax collections to the district PURSUANT TO PART 2 OF ARTICLE 2 OF TITLE 29.
The district shall pay the net incremental cost incurred by the department in the
administration and collection of the sales tax.".

Page 69, line 15, strike "in the" and substitute "in the".

Page 69, strike lines 16 through 22 and substitute: "same manner as that for the
collection, administration, and enforcement of the state sales and use tax
imposed under article 26 of title 39, C.R.S., including, without limitation, the
retention by a vendor of the percentage of the amount remitted to cover the
vendor's expense in the collection and remittance of said tax as provided in
section 39-26-105, C.R.S. The executive director shall make monthly
distributions of such sales and use tax collections to the district PURSUANT TO
PART 2 OF ARTICLE 2 OF TITLE 29. The district shall pay the net incremental".

Page 71, strike line 15 and substitute "(1) and (2) as follows:".

Page 71, strike lines 26 and 27.

Page 72, strike lines 1 through 5 and substitute: "director of the department of
revenue in the same manner as that for the collection, administration, and
enforcement of the state sales tax imposed under article 26 of title 39, C.R.S.,
including, without limitation, the retention by a vendor of the percentage of the
amount remitted to cover the vendor's expense in the collection and remittance
of said tax as provided in section 39-26-105, C.R.S. The executive director shall
make monthly distributions of such sales tax collections to the district.
PURSUANT TO PART 2 OF ARTICLE 2 OF TITLE 29. The".

Page 73, strike lines 3 through 10.

Page 73, line 16, strike "revenue." and substitute "revenue".

Page 73, line 22, strike "district." And substitute "district PURSUANT TO PART
2 OF ARTICLE 2 OF TITLE 29.".

Page 74, line 24, strike "revenue." and substitute "revenue".

Page 75, line 3, strike "district." And substitute "district PURSUANT TO PART 2
OF ARTICLE 2 OF TITLE 29.".

Page 75, line 25, strike "section." and substitute "section".

Page 76, line 2, strike "The" and substitute "The".

Page 76, strike lines 3 and 4 and substitute "executive director shall distribute
sales tax collections to the district monthly PURSUANT TO PART 2 OF ARTICLE 2
OF TITLE 29. The district shall pay the net incremental cost incurred by the".

Page 77, line 7, strike "levied and collected" and substitute "levied and
collected, ADMINISTERED, AND ENFORCED BY THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF REVENUE".

Page 77, line 14, strike "revenue." and substitute "revenue".

Page 77, strike lines 19 and 20 and substitute "39-26-105, C.R.S. The executive
director shall make monthly distributions of sales tax collections to the district
PURSUANT TO PART 2 OF ARTICLE 2 OF TITLE 29. The district shall pay".

Page 78, line 16, strike "revenue." And substitute "revenue".

Page 78, strike lines 21 and 22 and substitute "tax as provided in section
39-26-105. The executive director shall make monthly distributions of sales and
use tax collections to the district PURSUANT TO PART 2 OF ARTICLE 2 OF TITLE
29. The".

Page 81, strike lines 10 and 11 and substitute "a station area improvement
district, making improvements, assessing the costs of improvements made
against property, and levying a sales tax".

Page 81, line 15, strike "THE METHOD OF".

Page 81, strike lines 16 and 17 and substitute "ANY SALES TAX ADOPTED
PURSUANT TO THIS SECTION SHALL BE LEVIED IN THE SAME MANNER AS SET
FORTH IN SECTION 30-20-604.5 (1) AND SHALL BE COLLECTED, ADMINISTERED,
AND ENFORCED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE
PURSUANT TO PART 2 OF ARTICLE 2 OF TITLE 29.".

Page 82, line 3, strike "revenue." and substitute "revenue".

Page 82, strike lines 8 and 9 and substitute "provided in section 39-26-105,
C.R.S. The executive director shall make monthly distributions of sales tax
collections to the district PURSUANT TO PART 2 OF ARTICLE 2 OF TITLE 29. The
district".

Page 83, line 11, strike "SECTION 29-2-208 (5)(b)," and substitute "SECTION
29-2-208 (2)(a)(III), AND SECTION 29-2-302 (5)(b),".

Page 84, line 14, strike "amend" and substitute "repeal".
Page 84, strike lines 17 through 21 and substitute "(1) (d) (III) If a retailer is
permitted to retain an amount to cover the retailer's expense in collecting and
remitting local sales tax that is the same amount as permitted by the state under
this section, then such amount is the amount that was permitted as of December
31, 2019.".

Page 87, line 12, strike "SECTION 29-2-208 (5)(b);" and substitute "SECTIONS
29-2-208 (2)(a)(III) AND 29-2-302 (5)(b);".

Page 88, line 5, strike "SECTION" and substitute "SECTIONS 29-2-208 (2)(a)(III)
AND".

Page 88, line 27, strike "SECTIONS 39-26-734 (4)(d) AND 29-2-208 (5)(b)," and
substitute "SECTIONS 39-26-734 (4)(d), 29-2-208 (2)(a)(III), AND 29-2-302
(5)(b),".

Page 89, lines 6 and 7, strike "SECTION 29-2-208 (5)(b)," and substitute
"SECTIONS 29-2-208 (2)(a)(III) AND 29-2-302 (5)(b),".

Page 90, line 26, strike "(1)(j)(I)" and substitute "(1)(j)(I)(C)".

Page 91, strike lines 4 through 10 and substitute:

"(i.5) (V) Upon the request of the authority, The executive director of
the department of revenue shall administer and collect, ADMINISTER, AND
ENFORCE the visitor benefit tax authorized by subparagraph (I) of this paragraph
(i.5). If the authority requests that the executive director administer and collect
the tax, the executive director shall make monthly distributions of the tax
collections to the authority. SUBSECTION (1)(i.5)(I) OF THIS SECTION PURSUANT
TO PART 2 OF ARTICLE 2 OF TITLE 29. The".

Page 91, strike lines 24 through 27.

Page 92, strike lines 1 and 2.

Page 94, line 1, strike "29-2-208" and substitute "29-2-207".




BILL SB24-033


Legislative Oversight Committee Concerning Tax Policy. The bill establishes that, for property tax years commencing on or after January 1, 2026, a short-term rental unit, which is an improvement that is designated and used as a place of residency by a person, family, or families, but that is also leased for overnight lodging for less than 30 consecutive days in exchange for a monetary payment (short-term stay) and is not a primary residence, and the land upon which the improvement is located, may be classified as either residential real property or lodging property. If, during the previous property tax year, a short-term rental unit was leased for short-term stays for more than 90 days, then it is classified as lodging property. Otherwise, it is classified as residential real property. Actual value for a short-term rental unit that is classified as lodging property is to be determined solely by application of the market approach to appraisal.

The bill also specifies, with an exception for a property that qualifies as a bed and breakfast, that a building designed for use predominantly as a place of residency by a person, a family, or families but that is actually used, or available for use, to provide short-term stays only is a hotel and motel.

For purposes of applying the classification of either residential or lodging to a short-term rental unit, annually, the assessor is required to send notice to owners of short-term rental units of the number of days during the prior property tax year that the assessor has determined the property was leased for short-term stays. An owner must sign and return the notice and, if the owner disputes the number of days the property was leased for short-term stays, the owner must provide evidence demonstrating a different number of days the property was leased for short-term stays.

Additionally, the property tax administrator is required to establish and administer a pilot program to develop a statewide database and uniform reporting system to track short-term rental units.


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



Status
1/10/2024 Introduced In Senate - Assigned to Finance


BILL SB24-085


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


BILL SB24-111


For property tax years commencing on or after January 1, 2025, the bill creates a new subclass of residential real property called qualified-senior primary residence real property, which includes residential real property that as of the assessment date is used as the primary residence of an owner-occupier, as defined in the bill, if:

The bill also:



Status
2/5/2024 Introduced In Senate - Assigned to Finance
2/27/2024 Senate Committee on Finance Refer Amended to Appropriations

Amendment

Senate Journal, February 28
After consideration on the merits, the Committee recommends that SB24-111 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 4, line 15, strike "ONE HUNDRED THOUSAND DOLLARS"
and substitute "FIFTY PERCENT OF THE FIRST TWO HUNDRED THOUSAND
DOLLARS OF THAT ACTUAL VALUE".
Page 7, line 25, after "QUALIFIED FOR" insert "AND RECEIVED".

Page 9, line 7, strike "REAL" and substitute "A UNIT OF REAL".

Page 9, line 8, strike "THAT CONTAINS A UNIT" and substitute "AND".

Page 17, lines 5 and 6, strike "OCTOBER 10, 2025, AND OCTOBER 10" and
substitute "SEPTEMBER 10, 2025, AND SEPTEMBER 10".

Page 19, line 2, strike "AN APPLICATION" and substitute "A WRITTEN PROTEST".


Local
Government
& Housing




BILL SB24-114


The bill establishes a refundable state income tax credit for parental engagement in schools for income tax years commencing on or after January 1, 2025, but before January 1, 2030, that allows a taxpayer who is a parent, guardian, or legal custodian (taxpayer) to claim a credit when the taxpayer volunteers in the school of the taxpayer's child. Taxpayers are allowed a credit of $20 for each volunteer hour, up to $500.

An eligible school includes a school of a school district, a district charter school, an institute charter school, or a board of cooperative services at which the percentage of students receiving free or reduced-cost lunch under the national school lunch program equals at least 40%.

An eligible school shall issue a credit certificate to any taxpayer who volunteers in the school. The credit certificate allows the taxpayer to claim a credit with respect to the income taxes imposed by the state. To claim a credit, the taxpayer must submit the credit certificate to the department of revenue (department) with the taxpayer's income tax return for the income tax year for which a credit is claimed. The amount of the credit that exceeds the taxpayer's income taxes due is refunded to the taxpayer.

The bill encourages eligible schools to promote the credit to parents at the start of each school year and to provide volunteer opportunities throughout the year to accommodate parent schedules and interests.

The bill requires the Colorado state advisory council for parent involvement in education (council) to develop marketing materials to promote the credit to parents. The council shall conduct training sessions to instruct eligible schools on how to implement and manage a volunteer program to align with the credit. The training sessions must use best practices for parental engagement. On or before May 1, 2026, the council shall create and distribute a statewide parental engagement feedback survey (survey) to solicit and collect parental engagement feedback from parents. The purpose of the survey is to measure parental engagement participation and to determine whether parental engagement provides support to eligible schools.

At the end of each school year through 2030, eligible schools are required to solicit feedback, using the council's survey, from parents concerning volunteer experiences. On or before July 1, 2026, and each July 1 thereafter through July 1, 2030, eligible schools shall submit the survey data to the school districts. On or before October 1, 2026, and each October 1 thereafter through October 1, 2030, school districts shall report the survey data to the department of education.

The bill requires the department of education to submit an annual report summarizing the survey data reported by the school districts to the department on February 15, 2027, and each February 15 thereafter through February 15, 2031, to the state auditor, the education committees of the house of representatives and the senate, or their successor committees, and the finance committees of the house of representatives and the senate, or their successor committees.

The bill repeals the state income tax credit, effective July 1, 2033.


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



Status
2/5/2024 Introduced In Senate - Assigned to Finance
2/22/2024 Senate Committee on Finance Postpone Indefinitely


BILL SB24-126


Under current law, the conservation easement oversight commission (commission) and the certified holder program (program) are repealed on July 1, 2026. The bill eliminates the repeal dates to extend the commission and program indefinitely.

There is currently a cap of $45 million for the total value of conservation easement income tax credits (credits) that may be claimed by and credited to donors of a conservation easement in one calendar year. Credits filed after the cap is reached are placed on a wait list for the next calendar year. The bill increases the cap to $75 million beginning in calendar year 2025.

Current law provides that partnerships, S corporations, or other similar entities (pass-through entities) may not be transferees of a credit. The bill allows pass-through entities to be transferees of a credit beginning on January 1, 2025. The bill also allows insurance companies to purchase credits to offset insurance premium taxes.

Currently, a credit may be transferred once, in whole or in part, from a donor to a transferee. The bill allows a transferee to transfer a credit to a subsequent transferee beginning with the income tax year starting on January 1, 2025.


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



Status
2/6/2024 Introduced In Senate - Assigned to Agriculture & Natural Resources
2/22/2024 Senate Committee on Agriculture & Natural Resources Refer Amended to Finance

Amendment

Senate Journal, February 22
After consideration on the merits, the Committee recommends that SB24-126 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 2, after line 1 insert:

"SECTION 1. Legislative declaration. (1) The general assembly
hereby finds and declares that:
(a) Over the last sixty years, Colorado families have conserved over
three million three hundred thousand acres of working farms, ranches, and
private lands across the state;
(b) Since 2000, Colorado has proactively invested in conservation
through the conservation easement tax credit program;
(c) The conservation easement tax credit program incentivizes private
landowners to voluntarily protect their properties, which creates public benefits
to Colorado's lands, waters, wildlife, and people.
(d) The benefits of conservation are unique and wide-ranging.
Conservation has contributed significantly to the protection of wildlife habitat,
critical wetlands, urban open space, and working farms and ranches.
(e) The conservation easement tax credit program has aided Colorado
in reducing its carbon emissions and accomplishing its biodiversity goals, while
supporting rural economic resiliency, benefiting all Coloradans;
(f) In pursuit of greater equity in conservation, it is crucial to enhance
programs that promote public benefits for all Coloradans; and
(g) Equity in conservation requires ongoing collaboration with private
landowners, state and federal public land managers, and counties and
municipalities. Underscoring and investing in the inclusion of underserved
communities, tribes, and historically marginalized land interests will further
amplify these efforts.
(2) Therefore, it is in the best interests of Coloradans to enhance the
conservation easement tax credit program.".

Renumber succeeding sections.

Page 2 , line 2, after "12-15-103," insert "amend (1) introductory portion, (1)(d)
introductory portion, (1)(d)(I), and (I)(d)(II);" and strike "(8)" and substitute,
"(1)(a) and (8); add (I)(d)(III) and (I)(d)(IV)".
Page 2, strike line 5 and substitute "created. (1) There is created in the division
a conservation easement oversight commission, referred to in this article 15 as
the "commission". The commission is a type 2 entity, as defined in section
24-1-105, and exercises its powers and performs its duties and functions under
the division. The commission consists of eight NINE members as follows:
(a) One member representing the great outdoors Colorado program,
appointed by and serving as an advisory, nonvoting member at the pleasure of
the state board of the great outdoors Colorado trust fund established in article
XXVII of the state constitution;
(d) Three FIVE voting members appointed by the governor as follows:
(I) Two voting representatives of certified conservation easement
holders; and
(II) A voting individual who is competent and qualified to analyze the
conservation purpose of conservation easements; and
(III) A VOTING INDIVIDUAL WHO MEETS THE DEFINITION OF "SOCIALLY
DISADVANTAGED FARMER OR RANCHER" IN 7 U.S.C. SEC. 2279; AND
(IV) A VOTING INDIVIDUAL WHO REPRESENTS GREAT OUTDOORS
COLORADO; AND
(8) This section is repealed, effective July 1, 2026.".

Page 3, line 5, strike "(2.5);" and substitute "(2.5) and (4)(a)(II.7);".

Page 3, line 5, strike "(1)(c), (7.3) and".

Page 3, strike line 7 and substitute "definitions.".

Page 3, strike lines 8 through 17.

Page 3, line 24, strike "The division shall issue a".

Page 3, strike line 25 and substitute: "The division shall issue a certificate for
the claims received in the order submitted. THE DIVISION OF CONSERVATION IN
THE DEPARTMENT OF REGULATORY AGENCIES MUST PRIORITIZE AND ISSUE TAX
CREDIT CERTIFICATES IN THE ORDER IN WHICH IT RECEIVES CLAIMS. THE
DIVISION OF CONSERVATION MUST STAMP EACH CLAIM WITH THE DATE AND
TIME IT RECEIVES THE CLAIM AND SHALL REVIEW A CLAIM ON THE BASIS OF THE
ORDER IN WHICH THE CLAIM WAS SUBMITTED BY DATE AND TIME. DISAPPROVED
CLAIMS LOSE THEIR PRIORITY IN THE REVIEW PROCESS. After certificates".

Page 4, line 7, strike "certificates in excess of the amounts".

Page 4, strike lines 8 and 9.

Page 4, line 10, strike "year." and substitute "certificates. in excess of the
amounts specified in this subsection (2.5); except that no more than fifteen
million dollars in claims shall be placed on the wait list in any given calendar
year".

Page 4, after line 19 insert:

"(4) (a) (II.7) For a conservation easement in gross created in
accordance with article 30.5 of title 38 that is donated on or after January 1,
2021, to a governmental entity or a charitable organization described in section
38-30.5-104 (2), the credit provided for in subsection (2) of this section is an
amount equal to ninety percent of the fair market value of the donated portion
of such conservation easement in gross when created; except that in no case
shall the credit exceed five million dollars per donation. Credits shall be issued
in increments of no more than one million five hundred thousand dollars per
year. Credits for easements donated in a prior year are eligible for tax credit
certificates in subsequent years in order of application PRIORITY and before new
applications. and those credit applications, if any, on the wait list".

Page 4, strike lines 20 through 27.

Strike page 5.

Page 6, strike lines 1 through 10.
Finance