State Legislation to Watch

2015 State Legislation: Call to Action

  1. Colorado Medical Device Sales and Use Tax Refund: CBSA, in partnership with the Colorado Cleantech Industry Association (CCIA), will propose the creation of a medical device and clean technology Sales and Use Tax refund for the sale, storage, use or consumption of personal property used in Colorado directly and predominately in research and development. Similar state programs have proven this to be an effective incentive to help cultivate industry sectors and encourage companies to further grow and conduct their research and product development within the state.

    House Bill 15-1180 - Passed

  2. Protect the Advanced Industries Accelerator Program: Created by the Colorado General Assembly in 2013, the Colorado Advanced Industries (AI) Accelerator Program will promote the growth and sustainability of seven key industries, including bioscience. Modeled after the Bioscience Discovery Evaluation Grant Program (BDEGP), the AI Accelerator Program established matching grants focused on proof-of-concept research, early-stage capital and retention grants, and infrastructure initiatives to help support the seven industries. The Colorado BioScience Association supports the Colorado AI Accelerator Program and encourages future funding of the program while also not deterring the success seen by the BDEGP.

  3. Substitution of Biosimilar Products in Colorado: Currently, Colorado law does not allow for the substitution of a biosimilar product with an innovator biologic product. CBSA believes legislation is necessary to allow for biosimilars to be substituted for innovator biologics, when deemed interchangeable by the Food and Drug Administration. The CBSA is also supportive of creating sound state policy establishing parameters for safe substitution and interchangeability.

    Senate Bill 15-71 - Passed

  4. Protection of Intellectual Property: Intellectual property is the lifeblood of the bioscience industry. The protection of a company’s IP and patents are essential to encouraging innovation and the development of new medical technologies and therapies. CBSA will work to ensure that state and its laws are supportive of the development of new innovations and protect the rights of legitimate patent holders. 

    House Bill 15-1063 - Passed 

  5. Food Labeling Policy Requirements: CBSA supports the voluntary, truthful and non-misleading consumer information regarding food labeling, including foods grown with biotechnological processes such as genetically modified seeds. CBSA also supports the current laws and regulations administered by the Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) that require food labeling to be truthful and not misleading. Given the current statutes and regulations already in place by both the FDA and the USDA, and support for such labeling policies by the American Medical Association and the American Association for the Advancement of Sciences, CBSA believes food labeling regulations should be addressed at the federal level and does not support the development of a state-by-state policy labeling framework.

Other CBSA Actions on 2015 Legislation: 

  1. Innovative Industry Workforce Development Program - Creates the Innovative Industries Workforce Development Program (program) in the Colorado Department of Labor and Employment (CDLE), cooperatively administered by the Colorado Workforce Development Council (CWDC) and the Division of Employment and Training (division). The program reimburses employers with high-level internships and apprenticeships in an innovative industry for up to $5,000 in expenses per intern. An employer may be reimbursed for no more than 10 interns, and at least half of the reimbursement must be used to pay interns.

    House Bill 15-1230 - Passed

  2. Crowdfunding -  Creates the Colorado Crowdfunding Act which allows Colorado residents to invest in Colorado companies through online intermediaries under a simplified regulatory regime. Crowdfunding cannot begin until the Securities Commissioner in the Department of Regulatory Agencies (DORA) adopts rules to implement the bill. 

    House Bill 15-1246 - Passed

  3. Expand Job Growth Incentive Tax Credit for Higher Education Projects - Changes the job growth incentive tax credit for taxpayers who enter into a partnership with a state institution of higher education. In particular, this bill allows the credit to be refundable under certain conditions and relaxes the requirements to qualify for the credit. Firms must create at least 5 jobs with wages of at least 100 percent of the average wage within the county in which the new jobs are located, and retain those jobs for one year.

    House Bill 15-1366 - Passed

  4. Agricultural Market Development Grants -  Creates the Agricultural Development and Investment Partnership Program to be administered by the existing Colorado Agricultural Value-Added Development Board (board) in the Colorado Department of Agriculture (CDA). The program includes proof-of-concept and feasibility study grants, early-stage capital and business expansion grants, reimbursement of market development and promotion expenses, and funding for broad-based market promotion activities of the CDA.

    House Bill 15-1320 - Failed