Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 24-0958.01 Rebecca Bayetti x4348 HOUSE BILL 24-1240 House Committees Senate Committees Finance Appropriations 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 Amended 2nd Reading April 30, 2024 HOUSE SPONSORSHIP Joseph and Weinberg, SENATE SPONSORSHIP Rich and Exum, 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 nationwide,4 including in Colorado, where AmeriCorps members serve throughout the5 state in education, climate change resilience, public and behavioral health,6 digital navigation, economic mobility, and other areas, with a focus on7 workforce development and quality credentials earned through8 service-to-career pathways;9 (b) After completing their terms of service, AmeriCorps members10 may earn a Segal AmeriCorps Education Award that can be used to pay11 education expenses at eligible higher education institutions and programs12 or to repay qualified student loans;13 (c) Segal AmeriCorps Education Awards are taxed as income in14 the year or years they are used;15 (d) Other states have removed state income tax on the amount of16 a Segal AmeriCorps Education Award;17 (e) Subtracting the amount of a Segal AmeriCorps Education18 Award reduces burdens on individuals, supports education and workforce19 development, and encourages AmeriCorps alumni to remain in Colorado20 to use their awards; and21 (f) The purpose of this tax subtraction is to incentivize22 AmeriCorps members to seek higher education in the state and to retain23 AmeriCorps members in the state after their terms of service have ended.24 SECTION 2. In Colorado Revised Statutes, 39-22-104, add25 (4)(cc) as follows:26 39-22-104. Income tax imposed on individuals, estates, and27 1240 -2- trusts - single rate - report - legislative declaration - definitions -1 repeal. (4) There shall be subtracted from federal taxable income:2 (cc) (I) F OR INCOME TAX YEARS COMMENCING ON OR AFTER3 JANUARY 1, 2026, BUT BEFORE JANUARY 1, 2034, AN AMOUNT EQUAL TO4 THE AMOUNT OF ANY SEGAL AMERICORPS EDUCATION AWARD RECEIVED5 FOR SERVICE IN THE AMERICORPS NATIONAL SERVICE PROGRAM, WHICH6 IS USED BY THE TAXPAYER DURING THE INCOME TAX YEAR .7 (II) I N ACCORDANCE WITH SECTION 39-21-304 (1), WHICH8 REQUIRES EACH BILL THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE9 A TAX PREFERENCE PERFORMANCE STATEMENT AS PART OF A STATUTORY10 LEGISLATIVE DECLARATION , THE GENERAL ASSEMBLY FINDS AND11 DECLARES THAT:12 (A) T HE PURPOSE OF THE INCOME TAX SUBTRACTION CREATED IN13 THIS SUBSECTION (4)(cc) IS TO PROVIDE TAX RELIEF FOR CERTAIN14 INDIVIDUALS, SPECIFICALLY TAXPAYERS WHO HAVE RECEIVED SEGAL15 A MERICORPS EDUCATION AWARDS FOR AMERICORPS SERVICE; AND16 (B) T HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL17 MEASURE THE EFFECTIVENESS OF THE SUBTRACTION IN ACHIEVING THE18 PURPOSE SPECIFIED IN SUBSECTION (4)(cc)(II)(A) OF THIS SECTION BASED19 ON THE NUMBER AND AGGREGATE AMOUNT OF SUBTRACTIONS CLAIMED20 IN A TAX YEAR.21 (III) T HE DEPARTMENT OF REVENUE SHALL MAINTAIN22 INFORMATION ABOUT THE NUMBER OF TAXPAYERS WHO CLAIM THE23 SUBTRACTION IN A TAX YEAR AND THE AGGREGATE AMOUNT OF24 SUBTRACTIONS CLAIMED IN A TAX YEAR , IN ADDITION TO ANY OTHER25 INFORMATION DETERMINED NECESSARY BY THE DEPARTMENT OF26 REVENUE, TO EVALUATE THE EFFECTIVENESS OF THE TAX SUBTRACTION27 1240 -3- ALLOWED IN THIS SUBSECTION (4)(cc) IN ACHIEVING THE PURPOSE1 SPECIFIED IN SUBSECTION (4)(cc)(II)(A) OF THIS SECTION, AND SHALL2 PROVIDE THIS INFORMATION UPON REQUEST OF THE GENERAL ASSEMBLY3 OR THE STATE AUDITOR.4 (IV) T HIS SUBSECTION (4)(cc) IS REPEALED, EFFECTIVE JULY 1,5 2039.6 SECTION 3. Safety clause. The general assembly finds,7 determines, and declares that this act is necessary for the immediate8 preservation of the public peace, health, or safety or for appropriations for9 the support and maintenance of the departments of the state and state10 institutions.11 1240 -4-