Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0958.01 Rebecca Bayetti x4348 HOUSE BILL 24-1240 House Committees Senate Committees Finance A BILL FOR AN ACT C ONCERNING THE CREATION OF AN INCOME TAX SUBTRACTION FOR101 S EGAL AMERICORPS EDUCATION AWARDS.102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill creates an income tax subtraction for the next 3 income tax years for the amount of any Segal AmeriCorps Education Award received by a taxpayer for service in the AmeriCorps national service program and used by the taxpayer during the income tax year. HOUSE SPONSORSHIP Joseph and Weinberg, SENATE SPONSORSHIP Rich, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds and declares that:3 (a) AmeriCorps members serve communities throughout the4 nation, including in Colorado, where AmeriCorps members lead the5 Reading Corps as literacy tutors in schools across the state to help young6 students achieve grade-level reading, resulting in better outcomes for7 Colorado students;8 (b) After completing their terms of service, AmeriCorps members9 may earn a Segal AmeriCorps Education Award that can be used to pay10 education expenses at eligible higher education institutions and programs11 or to repay qualified student loans;12 (c) Segal AmeriCorps Education Awards are taxed as income in13 the year or years they are used;14 (d) Other states have removed state income tax on the amount of15 a Segal AmeriCorps Education Award;16 (e) Subtracting the amount of a Segal AmeriCorps Education17 Award reduces burdens on individuals, supports education and workforce18 development, and encourages AmeriCorps alumni to remain in Colorado19 to use their awards; and20 (f) The purpose of this tax subtraction is to incentivize21 AmeriCorps members to seek higher education in the state and to retain22 AmeriCorps members in the state after their terms of service have ended.23 SECTION 2. In Colorado Revised Statutes, 39-22-104, add24 (4)(cc) as follows:25 39-22-104. Income tax imposed on individuals, estates, and26 trusts - single rate - report - legislative declaration - definitions -27 HB24-1240 -2- repeal. (4) There shall be subtracted from federal taxable income:1 (cc) (I) F OR INCOME TAX YEARS COMMENCING ON OR AFTER2 J ANUARY 1, 2025, BUT BEFORE JANUARY 1, 2028, AN AMOUNT EQUAL TO3 THE AMOUNT OF ANY SEGAL AMERICORPS EDUCATION AWARD RECEIVED4 FOR SERVICE IN THE AMERICORPS NATIONAL SERVICE PROGRAM AND USED5 BY THE TAXPAYER DURING THE INCOME TAX YEAR .6 (II) I N ACCORDANCE WITH SECTION 39-21-304 (1), WHICH7 REQUIRES EACH BILL THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE8 A TAX PREFERENCE PERFORMANCE STATEMENT AS PART OF A STATUTORY9 LEGISLATIVE DECLARATION , THE GENERAL ASSEMBLY FINDS AND10 DECLARES THAT:11 (A) T HE PURPOSE OF THE INCOME TAX SUBTRACTION CREATED IN12 THIS SUBSECTION (4)(cc) IS TO PROVIDE TAX RELIEF FOR CERTAIN13 INDIVIDUALS, SPECIFICALLY TAXPAYERS WHO HAVE RECEIVED SEGAL14 A MERICORPS EDUCATION AWARDS FOR AMERICORPS SERVICE; AND15 (B) T HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL16 MEASURE THE EFFECTIVENESS OF THE SUBTRACTION IN ACHIEVING THE17 PURPOSE SPECIFIED IN SUBSECTION (4)(cc)(II)(A) OF THIS SECTION BASED18 ON THE NUMBER AND AGGREGATE AMOUNT OF SUBTRACTIONS CLAIMED19 IN A TAX YEAR.20 (III) T HE DEPARTMENT OF REVENUE SHALL MAINTAIN21 INFORMATION ABOUT THE NUMBER OF TAXPAYERS WHO CLAIM THE22 SUBTRACTION IN A TAX YEAR AND THE AGGREGATE AMOUNT OF23 SUBTRACTIONS CLAIMED IN A TAX YEAR , IN ADDITION TO ANY OTHER24 INFORMATION DETERMINED NECESSARY BY THE DEPARTMENT OF25 REVENUE, TO EVALUATE THE EFFECTIVENESS OF THE TAX SUBTRACTION26 ALLOWED IN THIS SUBSECTION (4)(cc) IN ACHIEVING THE PURPOSE27 HB24-1240 -3- SPECIFIED IN SUBSECTION (4)(cc)(II)(A) OF THIS SECTION, AND SHALL1 PROVIDE THIS INFORMATION UPON REQUEST OF THE GENERAL ASSEMBLY2 OR THE STATE AUDITOR.3 (IV) T HIS SUBSECTION (4)(cc) IS REPEALED, EFFECTIVE JULY 1,4 2033.5 SECTION 3. Safety clause. The general assembly finds,6 determines, and declares that this act is necessary for the immediate7 preservation of the public peace, health, or safety or for appropriations for8 the support and maintenance of the departments of the state and state9 institutions.10 HB24-1240 -4-