First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0478.01 Jason Gelender x4330 SENATE BILL 15-068 SENATE SPONSORSHIP Jones, Todd HOUSE SPONSORSHIP Moreno, Garnett Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the reduction of student loan repayment costs, and, in connection therewith, capping the maximum rate of interest that a nongovernmental lender may charge for a student loan and excluding principal and federally taxable interest paid on student loans from Colorado taxable income. 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://www.leg.state.co.us/billsummaries.) The bill establishes a cap on the annual interest rate that a nongovernmental lender may charge for a student loan taken for the purpose of financing undergraduate, graduate, or professional education and related expenses of 2 percentage points over the rate that the federal government would charge the student for a direct unsubsidized student loan made for the same purpose. For income tax years commencing on or after January 1, 2016, the bill allows a state income tax deduction, to the extent included in federal taxable income, for amounts or principal and interest paid in repayment of a student loan. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 5-12-108 as follows: 5-12-108. Student loans issued by private lenders - maximum rate of interest. Notwithstanding any other provision of law, the maximum annual rate of interest that a bank, credit union, or other lender that is not governmental or quasi-governmental in nature may charge for a student loan taken for the purpose of financing undergraduate, graduate, or professional education and related expenses is the rate that the federal government would charge the student for a direct unsubsidized student loan made for the same purpose plus two percentage points. SECTION 2. In Colorado Revised Statutes, 39-22-104, add (4) (u) as follows: 39-22-104. Income tax imposed on individuals, estates, and trusts - single rate - definitions - repeal. (4) There shall be subtracted from federal taxable income: (u) For income tax years commencing on or after January 1, 2016, to the extent included in federal taxable income, amounts or principal and interest paid in repayment of a qualified education loan, as defined in 26 U.S.C. sec. 221 (d). SECTION 3. Applicability. Section 1 of this act adding section 5-12-108, Colorado Revised Statutes, applies to student loans entered into on or after the effective date of this act. SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.