COLORADO RESTAURANT ASSOCIATION





BILL HB17-1079

Concerning the continued collection of fees for wholesale food manufacturing and storage, and, in connection therewith, making an appropriation.
Sponsors: C. Kennedy / C. Jahn | D. Coram

The bill amends provisions related to the continued collection of fees related to wholesale food manufacturing and storage. Specifically, the bill:

The bill also removes the repeal date from statute.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
6/6/2017 Governor Signed


BILL HB17-1090

Concerning the advanced industry investment tax credit, and, in connection therewith, making an appropriation.
Sponsors: T. Kraft-Tharp | J. Wilson / B. Gardner | J. Kefalas

A qualified investor who, prior to January 1, 2018, makes an equity investment in a qualified small business from an advanced industry is allowed an income tax credit that is equal to a percentage of the investment, up to a maximum credit of $50,000. The Colorado office of economic development (office) determines the eligibility for the tax credits and issues nontransferable tax credit certificates that are used to claim the credit. The maximum amount of tax credits allowed for a calendar year is $750,000.

The bill extends the credit by allowing qualified investments made on or after January 1, 2018, but prior to January 1, 2023, to qualify for the tax credit. From 2019 through 2022, the total maximum amount of credits for a calendar year is increased to $1.5 million. Beginning with the 2018 calendar year, if the office authorizes less than this amount in a year, then the remaining, unused credits are added to the next year's total maximum amount. In addition, the definition of 'qualified small business' is expanded to include a company that has annual revenues of less than $5 million or that has been actively operating and generating revenue for less than 5 years. Currently, a business must meet both criteria, in addition to other criteria that will continue to apply.

The advanced industry investment tax credit cash fund, which was started with money transferred from another cash fund and has no current revenue source, is repealed.

In 2022, the office is required to submit to legislative committees a report that includes information about the tax credits issued after January 1, 2018, and the economic benefits from the related qualified investments.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
6/6/2017 Governor Signed


BILL HB17-1119

Concerning the payment of workers' compensation benefits to injured employees of uninsured employers, and, in connection therewith, making an appropriation.
Sponsors: T. Kraft-Tharp | L. Sias / C. Jahn | J. Tate

The bill creates the 'Colorado Uninsured Employer Act' to create a new mechanism for the payment of covered claims to workers who are injured while employed by employers who do not carry workers' compensation insurance. The bill creates the Colorado uninsured employer fund, which consists of penalties from employers who do not carry workers' compensation insurance.

The bill creates the uninsured employer board to establish the criteria for the payment of benefits, to set rates, to adjust claims, and to adopt rules. The board is required to adopt, by rule, a plan of operation to administer the fund and to institute procedures to collect money due to the fund.


(Note: This summary applies to this bill as introduced.)



Status
6/5/2017 Governor Signed


BILL HB17-1155

Concerning the ability to cure campaign finance reporting deficiencies without penalty.
Sponsors: D. Thurlow / B. Gardner

Upon receipt of a complaint alleging that a campaign finance disclosure report alleging a failure to file other information required to be filed or disclosed pursuant to the campaign finance provisions of the state constitution or the 'Fair Campaign Practices Act' (FCPA), the bill requires the secretary of state to give notice to the particular committee by e-mail of the deficiencies alleged in the complaint.

Service of the notice does not toll or otherwise affect the 3-day period during which the secretary of state is required to refer a complaint to an administrative law judge under the state constitution. Upon receipt of the notice from the secretary of state, the committee may request from the appropriate officer a postponement of a hearing on the complaint and, if such request is timely submitted, has 15 business days from the date of the notice to file an addendum to the relevant report that cures any such deficiencies in the disclosure specified in the notice. The bill also requires the committee to also provide the complainant notice of the entity's intent to cure and a copy of the addendum on the same day that the addendum is filed with the secretary of state.

Where the committee files an addendum that cures all deficiencies alleged in the complaint before the expiration of the 15-day period specified in the bill, the bill prohibits the appropriate officer from assessing a penalty against the committee that otherwise would have been assessed for the deficiencies for the period from the first date of the alleged violation through the expiration of the cure period. Upon filing an addendum to the relevant report by the committee that cures all such deficiencies, the appropriate officer is required to set a hearing within 30 days of the notice to determine whether all issues raised by the complaint have been resolved. If the committee or party treasurer fails to cure any such discrepancy, any penalty imposed for such deficiency continues to accrue until further resolution of the matter.

The bill's requirements only apply in the case of a good faith effort by a committee to make timely disclosure in accordance with governing legal requirements or where the disclosure report is in substantial compliance with such legal requirements. The committee has the burden of demonstrating good faith or substantial compliance by a preponderance of the evidence at the hearing. Where the committee fails to satisfy its burden of demonstrating either good faith or substantial compliance, the bill requires the administrative law judge to impose a penalty of $50 per day for each day the committee has failed to file other information required to be filed or disclosed pursuant to the state constitution or the FCPA.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
5/24/2017 Governor Signed


BILL HB17-1214

Concerning efforts to encourage employee ownership of the state's existing small businesses.
Sponsors: J. Coleman / J. Tate

The bill requires the Colorado office of economic development (office) to engage the services of a local nonprofit organization that supports and promotes the employee-owned business model to educate the staff at the office on the forms and merits of employee ownership in order for the office to promote employee ownership as part of its small business assistance center.

The bill requires the office to establish and administer a revolving loan program to assist transitions of existing businesses to employee-owned businesses. The bill specifies that the office may enter into a contract, following an open and competitive process, with a local nondepository nonprofit organization that supports and promotes the employee-owned business model, a bank, or a nondepository community development financial institution to establish and administer the revolving loan program. The bill allows the office to work with the Colorado housing and finance authority to assist in offering loans under the program. The bill specifies the types of businesses that may qualify for the program, sets a maximum amount of any loan, and specifies what the loans may and may not be used for. The bill also allows the office to seek matching private sector money to help capitalize the program.

The bill authorizes the office to accept and expend gifts, grants, and donations to capitalize the program, and may annually keep the first 15% of the money raised for administration purposes. The bill creates the revolving loan program cash fund and the money in the fund is continuously appropriated to the office.

The bill also specifies that the office is required to establish guidelines and post on its website administrative details about the revolving loan program, such as fees, costs, interest rates, and loan terms.

The bill includes a repeal of the section of law creating the program, effective July 1, 2022.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
5/18/2017 Governor Signed


BILL HB17-1216

Concerning the creation of the sales and use tax simplification task force, and, in connection therewith, making an appropriation.
Sponsors: T. Kraft-Tharp | L. Sias / T. Neville | C. Jahn

The bill creates the sales and use tax simplification task force (task force) made up of legislative members and state and local sales and use tax experts. The bill requires the task force to study sales and use tax simplification between the state and local governments, and in particular between the state and home rule jurisdictions. The task force is:



Status
6/5/2017 Governor Signed


BILL HB17-1229

Concerning a clarification of when a worker may be compensated for a claim of mental impairment for a psychologically traumatic event under workers' compensation.
Sponsors: J. Singer | J. Becker / J. Cooke | N. Todd

The bill adds the definitions 'psychologically traumatic event' and 'serious bodily injury' to the workers' compensation statutes for the purposes of clarifying a worker's right to compensation for any claim of mental impairment.
(Note: This summary applies to this bill as introduced.)



Status
6/5/2017 Governor Signed


BILL HB17-1288

Concerning the penalties for DUI offenders who commit their fourth and subsequent DUI offenses.
Sponsors: L. Saine | M. Foote / L. Court | J. Cooke

Under current law, a person who commits a fourth or subsequent DUI offense commits a class 4 felony. If a court sentences the person to probation, the bill requires the court to order as a condition of probation one of the following:

Additionally, the bill states that if the court sentences such an offender to a term of probation, the court, as a condition of probation, shall:



Status
6/6/2017 Governor Signed


BILL SB17-003

Concerning the repeal of the 'Colorado Health Benefit Exchange Act'.
Sponsors: J. Smallwood / P. Neville

In 2010, pursuant to the enactment of federal law that allowed each state to establish a health benefit exchange option through state law or opt to participate in a national exchange, the general assembly enacted the 'Colorado Health Benefit Exchange Act' (act). The act created the state exchange, a board of directors (board) to implement the exchange, and a legislative health benefits exchange implementation review committee to make recommendations to the board. The bill repeals the act, effective January 1, 2018, and allows the exchange to continue for one year for the purpose of winding up its affairs. The bill also requires the board, on the last day of the wind-up period, to transfer any unencumbered money that remains in the exchange to the state treasurer, who shall transfer the money to the general fund.


(Note: This summary applies to this bill as introduced.)



Status
5/8/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments


BILL SB17-017

Concerning adding stress disorders to the list of debilitating medical conditions for the purposes of the use of medical marijuana.
Sponsors: I. Aguilar / J. Singer

Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado.

The bill creates a statutory right to use medical marijuana for a patient with acute stress disorder or post-traumatic stress disorder. The bill creates the same rights, limitations, and criminal defenses and exceptions as the constitutional right to use medical marijuana.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
6/5/2017 Governor Signed


BILL SB17-025

Concerning the development of marijuana education materials, and, in connection therewith, making an appropriation.
Sponsors: R. Baumgardner | C. Holbert / J. Singer

Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado.

The bill directs the department of education (department):

The bill authorizes the department to contract for the maintenance of the resource bank and the development of the curricula and directs the department to solicit input from persons within and outside of the marijuana industry.

After the resource bank and curricula are available, school districts, charter schools, and boards of cooperative services are encouraged to report to the department the effectiveness of them and recommendations for changes.

The bill authorizes resource bank expenses to be paid from the marijuana tax cash fund.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
6/2/2017 Governor Signed


BILL SB17-040

Concerning public access to files maintained by governmental bodies.
Sponsors: J. Kefalas / D. Pabon

Section 1 of the bill adds a legislative declaration.

Section 4 of the bill modifies the 'Colorado Open Records Act' (CORA) by creating new procedures governing the inspection of public records that are stored as structured data. Section 2 defines key terms including 'structured data', which the bill defines as digital data that is stored in a fixed field within a record or file that is capable of being automatically read, processed, or manipulated by a computer. Section 2 of the bill provides a definition of the term 'infrastructure security data'. Section 2 also specifies that, for purpose of the definition of 'public records in CORA, the terms 'state' and 'agency' include the judicial department of state government.

If the custodian has made the requested records publicly available in a structured data format, section 3 of the bill allows the custodian to satisfy the request by redirecting the requester, in writing and in detail, to the location of the records.

If public records are stored as structured data, section 4 requires the custodian of the public records to provide an accurate copy of the public records in a structured data format when requested. If public records are not stored as structured data but are stored in an electronic or digital form and are searchable in their native format, the custodian is required to provide a copy of the public records in a format that is searchable when requested.

Section 4 specifies the circumstances that exempt the custodian from having to produce records in a searchable or structured data format.

If a custodian is not able to comply with a request to produce public records that are subject to disclosure in a requested format, the custodian is required to produce the records in an alternate format or issue a denial and to provide a written declaration attesting to the reasons the custodian is not able to produce the records in the requested format. If a court subsequently rules the custodian should have provided the data in the requested format attorney fees may be awarded only if the custodian's action was arbitrary or capricious.

Nothing in the bill requires a custodian to produce records in their native format or to release metadata.

When a custodian produces records in a searchable or structured format, the choice of format is in the sole discretion of the custodian.

Section 4 also clarifies that the bill does not relieve or mitigate the obligations of a custodian to produce records in a format accessible to individuals with disabilities in accordance with Title II of the federal 'Americans with Disabilities Act', and other federal or state laws.

Section 5 of the bill adds as an additional ground that a custodian has for disallowing the inspection of public records that the inspection seeks access to infrastructure security data.

This section of the bill also permits the custodian to deny the right of inspection of the following records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest: Software programs; network and systems architectural designs; source code; source documentation; information in tangible or intangible form relating to released and unreleased software or hardware, database design structures, database schema and architecture, security structures and architecture, and data stored in support structures; agency original design ideas; nonpublic business policies and practices relating to software development and use; and the terms and conditions of any actual or proposed license agreement or other agreement concerning the products and licensing negotiations.

The bill permits any public employee, or former public employee, of any branch or level of government, to request that his or her home address, personal telephone number, or other similar personal identifying or location information be withheld from the production of any public records produced in a structured data or searchable format by presenting to any custodian of such public records a written declaration signed by the employee attesting that disclosure of the personal identifying or location information poses a credible risk to the health, welfare, safety, or security of the employee or to any member of the employee's family or household.

Upon receipt of a signed declaration meeting the bill's requirements or a declaration containing the same information that has been executed by a federal law enforcement agency, POST certified law enforcement official, or a judicial officer, the custodian of any public records produced in a structured data or searchable format is required to either deny the inspection of such public records or redact from any such public records provided to any requester in a structured data or searchable format the employee's personal identifying or location information. The bill prohibits any claim of any kind from being asserted against either any records custodian or any agency of government that is premised on the failure of the custodian or the agency to comply with these requirements of the bill.

If the custodian denies access to any record on the grounds that the record contains infrastructure security data, the bill requires the custodian to forthwith furnish the applicant with a written statement specifying why the requested record is infrastructure security data. At the same time, the custodian is also required to provide copies of the written statement to the attorney general of the state and also to the division of homeland security and emergency management within the department of public safety. The applicant may apply to state district court for a determination that the requested record is in fact a public record and does not satisfy the definition of infrastructure security data. In such legal action, the applicant bears the burden of proof.

Section 5 also expands the grounds permitting the filing of a civil action seeking inspection of a public record to include an allegation of a violation of the digital format provisions in the bill or a violation of record transmission provisions specified in CORA. This section also specifies that altering an existing record, or excising fields of information, to remove information that the custodian is required or allowed to withhold does not constitute the creation of a new public record. Such alteration or excision may be subject to a research and retrieval fee or a fee for the programming of data as allowed under existing provisions of CORA.

Section 6 modifies CORA provisions governing the copy, printout, or photograph of a public record and the imposition of a research and retrieval fee. Among these modifications:

Section 7 repeals the existing criminal misdemeanor offense and penalty for a willful and knowing violation of CORA.

Section 8 of the bill appropriates $50,810 to the judicial department for the 2017-18 state fiscal year from the general fund. This section of the bill also appropriates $855 to the department of law for the 2017-18 state fiscal year. This latter appropriation is from reappropriated funds received from the office of the state public defender in the judicial department. To implement the bill, the department of law is permitted to use this appropriation to provide legal services for the office of the state public defender in the judicial department.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
6/1/2017 Governor Signed


BILL SB17-143

Concerning the retail sale of alcohol beverages.
Sponsors: A. Williams / A. Garnett | D. Nordberg

In the 2016 legislative session, the general assembly enacted Senate Bill 16-197, which changed the system for licensing establishments that are authorized to sell alcohol beverages in sealed containers to customers for consumption off the licensed premises, referred to as the 'retail sale' or 'sale at retail' of alcohol beverages. Some of the changes made by the 2016 legislation include:

The bill modifies portions of the 2016 legislation as follows:



Status
3/6/2017 Senate Third Reading Lost - No Amendments


BILL SB17-184

Concerning measures to define lawful consumption of marijuana.
Sponsors: B. Gardner / D. Pabon

The bill authorizes the operation of a marijuana membership club (club) only if the local jurisdiction has authorized clubs. A club must meet the following qualifications:

The bill prohibits the open and public consumption of marijuana and defines the terms 'open and public', 'openly', and 'publicly'.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
5/10/2017 House Consideration of Second Conference Committee Report result was to Adhere - CCR produced


BILL SB17-192

Concerning provisions to allow marijuana businesses to operate more efficiently, and, in connection therewith, making an appropriation.
Sponsors: T. Neville / J. Singer | J. Melton

The bill allows the state licensing authority to authorize single-instance transfers of retail marijuana or retail marijuana products from a retail marijuana licensee to a medical marijuana licensee. If granted, the transfer must be completed within 30 days of the date the transfer was approved. A retail marijuana license that is subject to suspension is not eligible for the transfer and any retail marijuana or retail marijuana product that is subject to an administrative hold is not eligible for transfer.

Under current law, the department of revenue determines the average market rate for purposes of excise tax collection on retail marijuana every 6 months. The bill gives the department the authority to calculate the average market rate on a quarterly basis. The average market rate cannot include taxes paid on sales or transfers. The bill requires a separate average market rate for unprocessed marijuana for extraction that is lower than the average market rate for unprocessed marijuana for direct sale. The bill states that the average market rate should be used to calculate the state excise tax on affiliated transactions, and the contract price should be used to calculate the excise tax on unaffiliated transactions. The bill clarifies that the average market rate will be used to calculate the excise tax on all county, municipal, or metropolitan district transactions.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
6/2/2017 Governor Signed


BILL SB17-237

Concerning the age of employees permitted to sell alcohol beverages at specified establishments licensed to sell alcohol beverages for consumption on the licensed premises.
Sponsors: B. Gardner | V. Marble / A. Garnett | D. Nordberg

Current law prohibits an employee of a tavern or lodging and entertainment facility who is under 21 years of age from selling malt, vinous, or spirituous liquors.

The bill permits a licensed tavern or lodging and entertainment facility that regularly serves meals to allow an employee who is at least 18 years of age but under 21 years of age to sell malt, vinous, or spirituous liquors if the employee is supervised on-site by a person who is at least 21 years of age.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
6/5/2017 Governor Signed


BILL SB17-244

Concerning retail food establishment license fees.
Sponsors: K. Priola / M. Gray

Currently, retail food establishment license fees are established in statute. The bill authorizes a county or district board (local board) of health to establish fees that are lower than the fees set in statute as long as the local board is in compliance with current law regarding food safety. The bill removes language prohibiting a county government from supplanting funds from increased revenues based on increased license fees for other county programs.

The bill requires a local board that chooses to establish fees lower than those in statute to continue to remit $43 from each fee to the state treasurer.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
6/5/2017 Governor Signed


BILL SB17-269

Concerning the exclusion of specified nonalcohol products from the calculation of the maximum amount of a retail liquor store's annual gross sales revenue that may be derived from the sale of nonalcohol products.
Sponsors: V. Marble | I. Aguilar / H. McKean | F. Winter

Current law permits a licensed retail liquor store to sell nonalcohol products, subject to a 20% limit on gross sales revenue from the sale of nonalcohol products.

The bill excludes revenues from the sale of cigarettes, tobacco products, nicotine products; lottery products; ice, soft drinks, and mixers; and nonfood items related to the consumption of alcohol beverages from the calculation of the cap on a retail liquor store's gross revenues from the sale of nonalcohol products.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
6/5/2017 Governor Signed


BILL SB17-287

Concerning an income tax credit for charitable contributions to an eligible endowment fund.
Sponsors: K. Priola / A. Garnett

For income tax years commencing on or after January 1, 2019, but prior to January 1, 2022, the bill allows an individual taxpayer to claim an income tax credit for a contribution of money, securities, or property to an eligible endowment that is equal to 25% of the contribution. An 'eligible endowment fund' is defined in the bill as an endowment fund that is managed in accordance with the 'Uniform Prudent Management of Institutional Funds Act'.

A Colorado charitable organization that receives the credit is required to provide a credit certificate to the taxpayer, who must submit the certificate to the department of revenue along with his or her tax return. The maximum credit an individual may claim for an income tax year is $25,000. Unused credits are not refunded but may be carried forward for up to 5 income tax years. A taxpayer may not claim the credit if he or she claims any other state income tax credit for the same charitable contribution.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
5/8/2017 House Committee on Finance Refer Unamended to Appropriations