The act excludes injuries involving the possession of drugs or drug paraphernalia from a physician's mandatory reporting requirements. The act also adds an exemption to the prohibition on possessing drug paraphernalia for possession of drug paraphernalia that a person received from an approved syringe exchange program or a program carried out by a harm reduction organization while the person was participating in the program. With respect to opioid antagonists, the act: Clarifies that the civil and criminal immunity that protects a person who acts in good faith to furnish or administer an opioid antagonist also protects a person who distributes the opioid antagonist; Specifies that the mere presence of an opioid antagonist is insufficient to establish probable cause to perform a warrantless search or seizure; and Updates the term "opiate antagonist" to "opioid antagonist" in current law. The act specifies that money appropriated to the department of public health and environment to purchase non-laboratory synthetic opioid detection tests may also be used to purchase other drug testing equipment. The act authorizes an organization operating a clean syringe exchange program to: Purchase and distribute other supplies and tools intended to reduce health risks associated with the use of drugs, including smoking materials; and Provide drug testing services through the program. APPROVED by Governor June 6, 2024 EFFECTIVE June 6, 2024(Note: This summary applies to this bill as enacted.)
Sponsored bills
No later than January 1, 2026, the act requires the behavioral health administration (BHA) to require all eating disorder treatment and recovery facilities (treatment facility) to hold an appropriate designation based on the level of care the treatment facility provides. Licensed clinicians who are not facility-based and offer behavioral health therapy on an outpatient basis are not required to hold a designation. The act directs the state board of human services to promulgate rules for treatment facilities and requires the BHA to promulgate rules concerning involuntary feeding tubes for individuals with an eating disorder. APPROVED by Governor June 6, 2024 EFFECTIVE June 6, 2024(Note: This summary applies to this bill as enacted.)
The act prohibits an insurance carrier that provides coverage for a drug used to treat a substance use disorder under a health benefit plan from requiring prior authorization for the drug based solely on the dosage amount. The act requires an insurance carrier to reimburse a licensed pharmacist prescribing or administering medication-assisted treatment (MAT) pursuant to a collaborative pharmacy practice agreement (collaborative agreement) at a rate equal to the reimbursement rate for other health-care providers. The act amends the practice of pharmacy to include prescriptive authority for any FDA-approved product indicated for opioid use disorder in accordance with federal law, if authorized through a collaborative agreement. The act requires the state board of pharmacy, the Colorado medical board, and the state board of nursing to develop a protocol for pharmacists to prescribe, dispense, and administer certain FDA-approved products for MAT. The act requires reimbursement to pharmacies of an enhanced dispensing fee for administering injectable antagonist medication for MAT that aligns with the administration fee paid to a provider in a clinical setting. The act requires the medical assistance program to reimburse a pharmacist prescribing or administering medications for opioid use disorder pursuant to a collaborative agreement at a rate equal to the reimbursement rate for other providers. The act authorizes licensed clinical social workers, marriage and family therapists, and licensed professional counselors (professionals) within their scope of practice to provide clinical supervision to individuals seeking certification as addiction technicians and addiction specialists, and directs the state board of addiction counselors and the state board of human services, as applicable, to adopt rules relating to clinical supervision by these professionals. Further, a licensed addiction counselor is authorized to provide clinical supervision to individuals seeking licensure as marriage and family therapists or professional counselors if the licensed addiction counselor has met the education requirements for those professions, or the equivalent, as determined by the respective boards regulating those professions. The act expands the medication-assisted treatment expansion pilot program to include grants to provide training and ongoing support to pharmacies and pharmacists who are authorized to prescribe, dispense, and administer MAT pursuant to a collaborative agreement or drug therapy protocol to assist individuals with a substance use disorder. The act requires the department of health care policy and financing (HCPF) to seek federal authorization to provide MAT, case management services, and a 30-day supply of prescription medication to medicaid members upon release from jail or a juvenile institutional facility. The act adds substance use disorder treatment to the list of health-care or mental health-care services that are required to be reimbursed at the same rate for telemedicine as a comparable in-person service. The act requires HCPF to seek federal authorization to provide partial hospitalization for substance use disorder treatment with full federal financial participation. The act requires each managed care entity (MCE) that provides prescription drug benefits or methadone administration for the treatment of substance use disorders to: Set the reimbursement rate for take-home methadone treatment and office-administered methadone treatment at the same rate; and Not impose any prior authorization requirements on any prescription medication approved by the FDA for the treatment of substance use disorders, regardless of the dosage amount. The act requires the behavioral health administration (BHA) to collect data from each withdrawal management facility on the total number of individuals who were denied admittance or treatment for withdrawal management and the reason for the denial and to review and approve any admission criteria established by a withdrawal management facility. The act requires each MCE to disclose the aggregated average and lowest rates of reimbursement for a set of behavioral health services determined by HCPF and authorizes behavioral health providers to disclose reimbursement rates paid by an MCE to the behavioral health provider. Beginning in the 2024-25 state fiscal year, the act appropriates $150,000 from the general fund to the Colorado child abuse prevention trust fund (trust fund) for programs to reduce the occurrence of prenatal substance exposure. For the 2024-25 and 2025-26 state fiscal years, the act also annually appropriates $50,000 from the general fund to the trust fund to convene a stakeholder group to identify strategies to increase access to child care for families seeking substance use disorder treatment and recovery services. The act requires the BHA to contract with an independent third-party entity to provide services and supports to behavioral health providers seeking to become a behavioral health safety net provider with the goal of the provider becoming self-sustaining. The act creates the contingency management grant program in the BHA to provide grants to substance use disorder treatment programs that implement a contingency management program for individuals with a stimulant use disorder. The act authorizes the BHA to apply for federal funding for fetal alcohol spectrum disorder programs and to receive and disburse federal funds to public and private nonprofit organizations. The act extends the opioid and other substance use disorders study committee until September 1, 2026. The act appropriates money to implement the act. APPROVED by Governor June 6, 2024 PORTIONS EFFECTIVE August 7, 2024 PORTIONS EFFECTIVE July 1, 2025(Note: This summary applies to this bill as enacted.)
The act requires that the board of a special district, within 30 days of receiving a written request from any county, city and county, or municipality within the boundaries of which the special district operates or partly operates, provide the rate schedule for the special district's tap fees, system development fees, or other fees and charges that contemplate future water or sanitation system usage, and, upon request of the local government, provide any professional analyses and a detailed written justification of the costs and methodologies used to calculate those fees. APPROVED by Governor June 5, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act creates a voluntary recovery-friendly workplace program (program) in the center for health, work, and environment at the Colorado school of public health. The program recognizes and assists employers that implement recovery-friendly policies to help employees in recovery from substance use disorders. The program repeals September 1, 2028. The act creates a grant program in the department of education for schools that: Educate and support students in recovery from substance use or co-occurring disorders, including self-harm and disordered eating; Intend that all students enrolled are working in an active and abstinence-focused program of recovery as determined by the student and the school; and Provide support for families learning how to live with, and provide support for, their teens who are entering into the recovery lifestyle. For purposes of public school financing, the act allows a school district to include in its annual pupil count a student who has transferred to a recovery high school before the pupil count date. The act allows a recovery community organization that receives a grant through the recovery support services grant program to use the money to provide guidance to individuals on the many pathways for recovery. Current law establishes the requirements a facility must meet before operating as a recovery residence. The act requires the behavioral health administration in the department of human services to send a cease-and-desist letter to a recovery residence operating unlawfully. The act declares recovery residences, sober living facilities, and sober homes as residential use of land for zoning purposes. The act requires the liquor enforcement division in the department of revenue to adopt rules related to the location of alcohol beverages displays. Before adopting rules, the division must convene a stakeholder group consisting of recovery providers, individuals representing recovery residences, and individuals representing specified retailers licensed to sell alcohol beverages. To implement the act: $144,321 is appropriated for the 2024-25 state fiscal year from the general fund to the department of education; $303,752 is appropriated for the 2024-25 state fiscal year from the general fund to the department of higher education; $37,980 is appropriated for the 2024-25 state fiscal year from the liquor enforcement division and state licensing authority cash fund to the department of revenue. APPROVED by Governor June 5, 2024 EFFECTIVE June 5, 2024(Note: This summary applies to this bill as enacted.)
The act creates the 911 services enterprise in the department of regulatory agencies (enterprise). The enterprise is authorized to impose a fee on service users (fee). A service user is a person who is provided a 911 access connection in the state. The fee is set annually by the enterprise and, together with the 911 surcharge that the public utilities commission (commission) imposes on service users for the benefit of meeting the needs of governing bodies to pay for basic emergency service and provide emergency telephone service (911 surcharge) and must not exceed $0.50 per month per 911 access connection. The fee is collected in the same manner as the 911 surcharge. Revenue from the fee will fund expenses and costs related to the provision of 911 services, including: Training initiatives and programs and public education campaigns for the public as determined by individual governing bodies or public safety answering points (PSAPs) throughout the state; Public education campaigns; Cybersecurity support; GIS programs; Grant programs for the benefit of governing bodies and PSAPs; Providing matching money for federal, state, or private grants related to 911 services or emergency notification services; Any other items related to a benefit for governing bodies and PSAPs for 911 services across the state as proposed by a group of such entities or by statewide associations representing Colorado 911 stakeholders; and Administrative expenses of the enterprise. The act also creates the 911 services enterprise cash fund, adds a requirement for the commission to include in its "state of 911" annual report the activity of the enterprise including its use of its revenue, and makes several technical updates to the statutes concerning the 911 surcharge and the commission's "state of 911" report. For the 2024-25 state fiscal year, the act appropriates $107,695 from the general fund to the department of regulatory agencies and reappropriates $38,406 of that appropriation to the department of law to implement the act. APPROVED by Governor May 31, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
For income tax years commencing on and after January 1, 2024, but before January 1, 2034, the act creates a refundable, means-tested family affordability tax credit (credit) as follows: A taxpayer who files a single return is allowed a credit for each eligible child of the taxpayer who is 5 years of age or younger in a base amount of $3,200, adjusted for inflation and subject to reductions based on the taxpayer's income level and state economic conditions, and is allowed a credit for each eligible child of the taxpayer who is 6 years of age or older but less than 17 years of age in an amount that is 75% of the amount allowed for children 5 years of age or younger as adjusted and subject to reductions; and Two taxpayers who file a joint return are allowed a credit for each eligible child of the taxpayers who is 5 years of age or younger in a base amount of $3,200, adjusted for inflation and subject to reductions based on the taxpayers' income level and state economic conditions, and are allowed a credit for each eligible child of the taxpayers who is 6 years of age or older but less than 17 years of age in an amount that is 75% of the amount allowed for children 5 years of age or younger as adjusted and subject to reductions. For income tax years commencing on and after January 1, 2024, but before January 1, 2025, the act reduces the $3,200 amount of the credit for a taxpayer filing a single return by 6.875% for each $5000 by which the taxpayer's adjusted gross income exceeds $15,000, and reduces the $3,200 amount of the credit for two taxpayers filing a joint return by 6.875% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on and after January 1, 2025, but before January 1, 2026, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the 2025-2026 fiscal year is projected to be at a rate that is greater than or equal to 2%, then, for a taxpayer filing a single return, the act reduces the $3,200 amount of the credit by 6.875% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for two taxpayers filing a joint return, reduces the $3,200 amount of the credit by 6.875% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. If, for income tax years commencing on and after January 1, 2025, but before January 1, 2026, the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the 2025-2026 fiscal year is projected to be at a rate that is less than 2%, the credit is not allowed. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is greater than or equal to 3.75%, then, for a taxpayer filing a single return, the act reduces the $3,200 amount of the credit by 6.875% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for two taxpayers filing a joint return, reduces the $3,200 amount of the credit by 6.875% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is greater than or equal to 3.56% but less than 3.75%, then, for a taxpayer filing a single return, the act reduces the $3,200 amount of the credit by 9.06% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for two taxpayers filing a joint return, reduces the $3,200 amount of the credit by 9.06% for 2 taxpayers filing a joint return for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is greater than or equal to 3.37% but less than 3.56%, then, for a taxpayer filing a single return, the act reduces the $3,200 amount of the credit by 13.59% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for 2 taxpayers filing a joint return, reduces the $3,200 amount of the credit by 13.59% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is greater than or equal to 3.18% but less than 3.37%, then the act reduces the amount of the credit to $2,600, adjusted for inflation, and, for a taxpayer filing a single return, reduces that amount by 19.23% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for 2 taxpayers filing a joint return, reduces the $2,600 amount by 19.23% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is greater than or equal to 3% but less than 3.18%, then the act reduces the amount of the credit to $1,650, adjusted for inflation, and, for a taxpayer filing a single return, reduces that amount by 30.30% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for 2 taxpayers filing a joint return, reduces the $1,650 amount by 30.30% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on or after January 1, 2025, the department of revenue is required to adjust the federal adjusted gross income amounts set forth in the act to reflect inflation for each income tax year in which the credit is allowed if cumulative inflation since the last adjustment, when applied to the current limits, results in an increase of at least one thousand dollars when the adjusted limits are rounded to the nearest $1,000. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is less than 3%, the credit is not allowed. The credit is not considered to be income or resources for the purpose of determining eligibility for the payment of public assistance benefits and medical assistance benefits authorized under state law or for a payment made under any other publicly funded programs. The department of revenue is authorized and encouraged to develop a means of refunding the credit in 12 equal monthly refunds rather than annually. For the 2024-225 state fiscal year, $178,491 is appropriated from the general fund to the department of revenue for the implementation of the act. APPROVED by Governor May 31, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
With certain exceptions, the act prohibits a public agency from: Requiring any person to provide the public agency with data that may identify a member of a nonprofit entity (member-specific data) or compelling the disclosure of member-specific data; Disclosing member-specific data to any person; or Requesting or requiring a current or prospective contractor or a current or prospective grantee of a grant program administered by the public agency to provide a list of nonprofit entities to which the current or prospective contractor or grantee has provided financial or nonfinancial support. A nonprofit entity or any of its members affected adversely by a public agency's violation of the act's provisions may initiate a civil action against the public agency in district court for injunctive relief, damages, or such other relief as is appropriate. Notwithstanding existing laws concerning governmental immunity, a court may award damages against a public agency that violates the act's provisions as follows: Not less than $2,500 for each reckless violation; and Not less than $7,500 for each intentional violation. A court may also award the costs of litigation to a complainant that prevails in such an action. The act prohibits a custodian of public records (custodian) from requiring a nonprofit entity to produce member-specific data that is contained in public records if such records are not subject to inspection and copying pursuant to the "Colorado Open Records Act". A custodian must deny any request to inspect, copy, or reproduce any member-specific data in the possession of a public agency and provided to the public agency by a nonprofit entity. A custodian must not require a nonprofit entity to produce records and information relating to the identification of individual employees of nonprofit entities with whom the public entity contracts for services or of individual employees of subcontractors of such nonprofit entities. APPROVED by Governor May 28, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Property tax revenue limit. Beginning with the 2025 property tax year, section 1 of the act establishes a limit on qualified property tax revenue, as defined by the act, for local governments (limit). This limit does not apply to local governments that are home rule municipalities, school districts, have not received voter approval to exceed the statutory 5.5% property tax revenue limitation, or have not received voter approval to collect, retain, and spend the majority of their property tax revenue without regard to the limitations in section 20 of article X of the state constitution. The limit is equal to the local governmental entity's base year qualified property tax revenue increased by 5.5% for each year since the base year including the relevant property tax year. A local government may seek voter approval to waive the limit. A local governmental entity's base year qualified property tax revenue is: For a local governmental entity that had qualified property tax revenue for the 2023 property tax year, the local governmental entity's qualified property tax revenue for the 2023 property tax year, plus any money the local governmental entity received from the state to compensate the local governmental entity for reduced property tax revenue in the 2023 property tax year; For a local governmental entity that did not have qualified property tax revenue for the 2023 property tax year, the local governmental entity's qualified property tax revenue for the first year that the local governmental entity has property tax revenue; or If applicable, the local governmental entity's qualified property tax revenue for the most recent property tax year for which the local governmental entity's voters approved temporarily waiving the limit. If a local government's qualified property tax revenue would otherwise exceed the limit, the local government shall either establish a temporary property tax credit equal to the number of mills necessary to prevent the local government's qualified property tax revenue from exceeding the limit or temporarily reduce its mill levy. Nonresidential real property valuation reductions. Under current law, for nonresidential property, the valuation for assessment (valuation) is 29% of the actual value of the property. However, certain categories of nonresidential property had temporarily reduced valuations for property tax 2023. Section 2 extends these temporarily reduced valuations to property tax year 2024. Section 2 also permanently reduces the valuations for commercial and agricultural property as follows: For property tax year 2025, the valuation is 27% of the actual value of the property; and For property tax years commencing on or after January 1, 2026, the valuation is 25% of the actual value of the property. Residential real property valuation reductions. For the 2024 property tax year, section 4 makes 2 reductions to residential real property valuation by continuing the 2023 property tax year reductions to residential real property valuation: For multi-family residential real property, section 4 reduces the valuation from 6.8% of the actual value of the property to 6.7% of the amount equal to the actual value of the property minus the lesser of $55,000 or the amount that causes the valuation for assessment of the property to be $1,000 (alternate amount); and For all other residential real property, section 4 reduces the valuation from an estimated 7.06% of the actual value of the property to 6.7% of the amount equal to the actual value of the property minus the lesser of $55,000 or the alternate amount. For the 2025 property tax year, section 4 modifies residential real property valuation so that the valuation for all residential real property is: For the purpose of a levy imposed by a school district, 7.15% of the actual value of the property; and For the purpose of a levy imposed by a local governmental entity that is not a school district, 6.4% of the actual value of the property. For the 2026 property tax year and all future property tax years, section 4 also reduces the valuation for all residential real property from 7.15% of the actual value of the property. For all residential real property, the valuation is: For the purpose of a levy imposed by a school district, the lesser of 7.15% of the actual value of the property or a percentage of the actual value of the property determined by the property tax administrator pursuant to section 7; and For the purpose of a levy imposed by a local governmental entity that is not a school district, 6.95% of the amount equal to the actual value of the property minus the lesser of 10% of the actual value of the property or $70,000 as adjusted for inflation in the first year of each subsequent reassessment cycle. Qualified-senior primary residence residential real property. Senate Bill 24-111 created a new residential real property subclass: qualified-senior primary residence residential real property. In addition to the other reductions for resdiential real property made in section 4, section 4 makes the following valuation reductions for qualified-senior primary residence residential real property: For property tax year 2025, for the purpose of a levy imposed by a local governmental entity that is not a school district, 6.4% of the amount equal to the actual value of the property minus either 50% of the first $200,000 of that actual value plus the lesser of 10% of the actual value of the property or $70,000 or the alternate amount; For property tax year 2026, for the purpose of a levy imposed by a local governmental entity, 6.95% of the amount equal to the actual value of the property minus either 50% of the first $200,000 of that actual value plus the lesser of 10% of the actual value of the property or $70,000 or the alternate amount; and For property tax year 2025, for the purpose of a levy imposed by a school district, 7.15% of the amount equal to the actual value of the property minus either 50% of the first $200,000 of that actual value or the alternate amount. Adjustable residential real property valuation. Section 7 requires legislative council staff to notify the state board of equalization of the first year after 2026 in which the local share of total program is equal to or greater than 60% of the total program determined pursuant to the "Public School Finance Act". For every property tax year after that year, the valuation for assessment for all residential real property, for the purpose of a levy imposed by a school district, is equal to the lesser of: 7.15% of the actual value of the property; or The percentage of the actual value of the property necessary for statewide school district property tax revenue divided by weighted total program to equal 0.6. Reimbursement of local governments. The state reimbursed local governmental entities for property tax revenue lost as a result of the reductions in valuation enacted in Senate Bill 22-238 and Senate Bill 23B-001. Section 9 establishes a reimbursement mechanism for certain local governmental entities other than school districts to account for property tax revenue lost as a result of the reductions in valuation in the act for the 2024 property tax year. The reimbursement mechanism requires the state to reimburse local governments in an amount equal to the decrease, if any, in assessed value between the 2022 and 2024 property tax years multiplied by the local governments' mill levy rate from the 2022 property tax year. Section 9 creates a fund out of which the state makes the reimbursements and requires the state treasurer to transfer to the fund $10,311,233 from the sustainable rebuilding program fund. Property tax deferral program. The existing property tax deferral program allows any person to defer the payment of the portion of real property taxes on the person's homestead that exceeds the tax-growth cap, which is an amount equal to the average of the person's real property taxes paid for the preceding 2 property tax years for the same homestead, increased by 4%. Beginning with the 2025 property tax year, section 10 removes the 4% tax-growth cap. Accordingly, beginning with the 2025 property tax year, a person may defer the payment of the portion of real property taxes on the person's homestead that exceeds the average of the person's real property taxes paid for the preceding 2 property tax years for the same homestead. Appropriation for state share of districts' total program funding. Beyond the appropriations in the act necessary for the administration of this act as outlined in sections 12 and 13, section 11 appropriates $378,861,731 to the department of education from the state education fund to cover the increases in the state share of districts' total program funding resulting from the assessed value reductions set forth in the act. APPROVED by Governor May 14, 2024 EFFECTIVE upon the date of the official declaration by the governor NOTE: This act does not take effect if either or both of the following occur at the next general election: An initiative that reduces valuations for assessment is approved by the people; An initiative that requires voter approval for retaining property tax revenue that exceeds a limit is approved by the people. If this act takes effect then this act takes effect upon the date of the official declaration of the vote for the general election held on November 5, 2024; except that section 3 of this act takes effect only if Senate Bill 24-111 does not become law, sections 4 and 8 of this act take effect only if Senate Bill 24-111 becomes law, section 6 of this act takes effect only if House Bill 24-1448 does not become law, and section 7 of this act takes effect only if House Bill 24-1448 becomes law. Senate Bill 24-111 was signed by the governor May 14, 2024. House Bill 24-1448 was signed by the governor May 23, 2024.(Note: This summary applies to this bill as enacted.)
If the state exceeds its constitutional fiscal year spending limit, it is required by the Taxpayer's Bill of Rights (TABOR) to refund the excess state revenues (TABOR refunds). The act concerns the 4 TABOR refund mechanisms: a reimbursement to counties for lost property tax revenue, an income tax rate reduction, a sales and use tax rate reduction, and a sales tax refund. The first mechanism through which excess state revenues are refunded is a reimbursement paid to counties for allocation to local governments to offset the reduction in property taxes resulting from property tax exemptions for qualifying seniors, veterans with disabilities, and spouses of veterans who died in the line of duty or as a result of a service-related injury or disease (homestead exemptions). Additionally, for property tax years commencing on or after January 1, 2024, the reimbursement to local governments to offset the reduction in property taxes resulting from the newly reduced valuation for assessment of qualified-senior primary residences created in Senate Bill 24-111, concerning a reduction in the valuation for assessment of qualified-senior primary residence real property, joins the homestead exemptions reimbursement as the first TABOR refund mechanism. The temporary income tax rate reduction is active for income tax years 2024 through 2034. To refund excess state revenues from fiscal year 2023-24, the income tax rate for income tax year 2024 is temporarily reduced from 4.40% to 4.25%. After that year, if the amount of excess state revenues exceeds the projected total amount of TABOR refunds issued as reimbursement to counties for the homestead exemptions and the qualified-senior primary residence valuation reductions, then the state individual income tax rate is temporarily reduced by the following percentages according to the total amount of excess state revenues remaining after the homestead exemptions reimbursement and the qualified-senior primary residence reimbursement are paid (remaining excess state revenues): If the remaining excess state revenues are above $300 million but less than or equal to $500 million, the income tax rate is temporarily reduced by 0.04%; If the remaining excess state revenues are above $500 million but less than or equal to $600 million, the income tax rate is temporarily reduced by 0.07%; If the remaining excess state revenues are above $600 million but less than or equal to $700 million, the income tax rate is temporarily reduced by 0.09%; If the remaining excess state revenues are above $700 million but less than or equal to $800 million, the income tax rate is temporarily reduced by 0.11%; If the remaining excess state revenues are above $800 million but less than or equal to $1 billion, the income tax rate is temporarily reduced by 0.12%; If the remaining excess state revenues are above $1 billion but less than or equal to $1.5 billion, the income tax rate is temporarily reduced by 0.13%; and If the remaining excess state revenues are above $1.5 billion, the income tax rate is temporarily reduced by 0.15%. The sales and use tax rate reduction refund mechanism is active for fiscal years 2024-25 to 2033-34. Under this mechanism, if the amount of remaining excess state revenues is greater than $1.5 billion, as annually adjusted by a percentage equal to the percentage of allowable increase in state fiscal year spending, and exceeds the projected total amount of TABOR refunds issued as reimbursement to counties for the homestead exemptions and the qualified-senior primary residence valuation reductions, plus refunds issued through the temporary income tax rate reduction, then the state sales and use tax rates are temporarily reduced by 0.13%. Under the sales tax refund mechanism, all qualified individuals receive an identical refund amount unless the amount of excess state revenues to be refunded would make that identical refund exceed a certain threshold, in which case the excess state revenues are instead refunded through a 6-tier refund mechanism based on the qualified individual's adjusted gross income. The identical refund amount above which the 6-tier mechanism is triggered is tied to annual federal internal revenue service calculations of sales tax paid in the state by family size and income level; except that, if, by September 1 of any year, the executive director of the department of revenue has not received advice from the internal revenue service that such an identical refund is regarded as a refund of sales tax and not as an accession to wealth, the identical refund threshold remains the existing rate of $15. An individual may claim the sales tax refund by filing an income tax return or a specified assistance grant application by October 15 of the calendar year following the taxable year for which the refund is being claimed. Whether the TABOR refund mechanisms are triggered and, if so, how many of the mechanisms are triggered depends on the amount of excess state revenues remaining after reimbursement to counties for the homestead exemptions and the qualified-senior primary residence valuation reductions as follows: If remaining excess state revenues are less than or equal to $300 million, TABOR refunds are distributed only through the tiered or flat sales tax refund mechanism; If remaining excess state revenues are greater than $300 million but less than or equal to $1.5 billion, TABOR refunds are distributed first through the income tax rate reduction and then through the tiered or flat sales tax refund mechanism; and If remaining excess state revenues are greater than $1.5 billion, TABOR refunds are distributed first through the income tax rate reduction, next through the sales and use tax rate reduction, and finally through the tiered or flat sales tax refund mechanism. If there are not sufficient excess state revenues to pay the full amount of an income tax rate reduction refund mechanism or the sales and use tax rate reduction refund mechanism, then the affected refund mechanism is not triggered. The act also repeals statutory sections related to TABOR refund mechanisms that are no longer applicable, including the 4-tier sales tax refund mechanism to refund excess revenues from fiscal year 1997-98. For the 2024-25 state fiscal year, $59,443 is appropriated from the general fund to the department of revenue for personal services and tax administration IT system support. APPROVED by Governor May 14, 2024 PORTIONS EFFECTIVE May 14, 2024 PORTIONS EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)