When the statewide internet portal authority (SIPA) was created, it was charged with offering information technology products and services to local governments and "state agencies". At that time, SIPA's statute defined "state agency" to have the same meaning as the term was defined in the statute that governed the former office of innovation and technology. That definition defined "state agency" to mean every state office, whether legislative, executive, or judicial, and all of its respective offices, departments, divisions, commissions, boards, bureaus, and institutions, excepting only state-supported institutions of higher education, the department of higher education, the Colorado commission on higher education, or other instrumentality thereof. Subsequent to SIPA's creation, the statutes that governed the former office of innovation and technology were amended to create the office of information technology (OIT), and the definition of "state agency" was narrowed to cover only the agencies to be served by OIT. The statute now excludes the legislative and judicial departments, the departments of law, state, and treasury, state-supported institutions of higher education, and the department of education. The changes to the OIT definition of "state agency" have inadvertently excluded these agencies from the scope of state agencies that may obtain services from SIPA. The act restores the definition of "state agency" in SIPA's statutes to its original scope and also includes higher education institutions and agencies, as the practice has been for SIPA to serve all state agencies, including higher education institutions and agencies. (Note: This summary applies to this bill as enacted.)
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Currently, under the federal educator expense deduction, an eligible educator can claim a deduction, not to exceed $250, for the purchase of school supplies and certain professional development courses. The bill creates a state income tax credit for an eligible educator for the purchase of school supplies that qualify for the deduction that exceeds $250 but are less than $750. The amount of the credit that exceeds the educator's income taxes is refunded to the educator.(Note: This summary applies to this bill as introduced.)
Joint Technology Committee. The bill allows the chief information officer of the office of information technology to hire information technology product managers, designers, engineers, and other staff to support the delivery of citizen-facing digital services and other information technology projects across state government.(Note: This summary applies to this bill as introduced.)
Current law requires an individual or entity to notify the statewide notification association of all owners and operators of underground facilities of its intent to engage in excavation so that any underground facilities, such as water and sewer pipes, gas lines, and electric or cable lines, that the excavation might affect can be located and marked before excavation begins. Underground facilities are often located beneath county gravel and dirt roads, normally at a depth of at least 18 inches below the road surface. Counties maintain the profile and surface condition of such county roads and county road rights-of-way by engaging in routine and emergency maintenance activities that do not disturb more than 6 inches in depth. These maintenance activities currently trigger the excavation notification requirement, and the related requirement that the location of underground facilities be marked, even though they occur above the levels where underground facilities are located. To prevent such activities from triggering the excavation notification requirement, the bill specifies that "excavation" does not include routine or emergency maintenance of right-of-way on county-owned gravel or dirt roads performed by county employees that: Does not lower the existing grade or elevation of the road, shoulder, and ditches; and Does not disturb more than 6 inches in depth during maintenance operations.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act creates an online transparency task force. Interested legislators and the following individuals, or their designees, may participate in the task force: The head of each principal department; The state's chief information officer; and The executive director of the statewide internet portal authority, who is chair of the task force. The purpose of the task force is to recommend: Ways to enhance citizens' online access to rules and the rule-making process and to increase the transparency of the rule-making process; Options for the design and implementation of an integrated state rule-making web portal; Common rule-making agency reporting formats, workflows, timelines, and protocols; and An entity to manage the integrated state rule-making web portal. The task force shall submit a written report that summarizes its recommendations by January 1, 2021, to the general assembly's committees of reference with jurisdiction over business and state affairs and cease operations upon submission of the report. (Note: This summary applies to this bill as enacted.)
The act amends provisions relating to the Colorado opportunity scholarship initiative (COSI), including: Removing the definition of "tuition assistance" and replacing it with a definition for "financial assistance", which is tied to cost of attendance, and making amendments throughout to reflect the changed terms; Removing the statutory restriction that not more than 10% of money in the COSI fund in any fiscal year may be awarded to state agencies and nonprofit organizations for student success and support services and for other services, and the requirement that a certain percentage of the money awarded for student success and support services and for other services be awarded to nongovernmental entities; Changing the current provision that, to the extent practicable, scholarships must be equally distributed between students who are eligible for federal PELL grants and students within a certain range of income. Instead, the act requires scholarships to be equitably distributed between students with an expected family contribution, as defined in the act, of less than 100% of the annual federal PELL grant award and students with an expected family contribution between 100% and 250% of the annual federal PELL grant award. Removing references to obsolete reports and requirements. The act amends provisions relating to the payment of administrative expenses by authorizing the department of higher education to spend from the COSI fund an amount equal to not more than 7.5% of total expenditures from the fund for the prior fiscal year unless the general assembly modifies the percentage in the annual budget act. (Note: This summary applies to this bill as enacted.)
In response to the growing popularity of series limited liability companies (series LLCs) in the United States, in 2017 the Uniform Law Commission promulgated the "Uniform Protected Series Act" (UPSA or Act). The bill enacts the UPSA, effective January 1, 2021. Subpart 1 contains general provisions. The UPSA uses the term "protected series" to highlight the internal liability shields that are a defining characteristic of the Act, and to avoid confusion with the term "series", which is often used to refer to classes of interests in business entities that do not affect liabilities to third parties. If the requirements of the UPSA are satisfied, then assets of one protected series (referred to as "associated assets") are not available to satisfy claims of creditors of the LLC or of other protected series of the series LLC. Subpart 2 explains how to establish a protected series. Subpart 3 includes the record-keeping requirements that must be satisfied for an asset to qualify as an "associated asset" under the Act. Subpart 3 also provides rules for associating members with a protected series and addresses series transferable interests, management, and nonassociated members' rights to information. Subpart 4 covers limitations on liability and enforcement of claims. The Act provides 2 types of liability shields: Vertical and horizontal. The traditional vertical shield protects equity holders and managers from status-based liability for an organization's obligations. The horizontal shield protects a protected series of a series LLC and its associated assets from liability for the debts, obligations, and other liabilities of the company or of another protected series of the company. A creditor may enforce a judgment against another protected series of a series LLC by pursuing assets owned by the company or by another protected series of the company if the UPSA's requirements are not satisfied for these other assets (or "nonassociated assets"). Subpart 5 addresses grounds for dissolution and provisions for winding up. Subpart 6 includes restrictions on mergers and other entity transactions involving series LLCs and protected series. Subpart 7 addresses foreign protected series. Subpart 8 addresses transitional issues. (Note: This summary applies to this bill as introduced.)
Currently, under the federal educator expense deduction, an eligible educator can claim a deduction, not to exceed $250, for the purchase of school supplies and certain professional development courses. The bill creates a state income tax credit for an eligible educator for the purchase of school supplies that qualify for the deduction that exceeds $250 but are less than $750. The amount of the credit that exceeds the educator's income taxes is refunded to the educator.(Note: This summary applies to this bill as introduced.)
Elimination of duplicate regulations commission - health and safety requirements. The act creates the elimination of duplicate regulations commission (commission) within the department of education and establishes membership criteria. The act requires the commission to analyze and identify duplicate regulations promulgated among the agencies relating to health and safety requirements for school-aged child care programs (programs); identify which regulations may be eliminated, revised, or delegated to the appropriate agency to eliminate duplicate regulations; and ensure the efficient regulation of health and safety requirements for programs. The agencies are required to commence respective rule-making consistent with the outcomes of the commission. (Note: This summary applies to this bill as enacted.) Read More