The bill establishes that a residential storage condominium unit is a residential improvement. This allows the unit to be assessed as residential real property, which currently has an assessment ratio of 7.96%, instead of as nonresidential property, which has an assessment ratio of 29%. A residential storage condominium unit is defined to mean a building that is: A unit under the 'Colorado Common Interest Ownership Act'; Used by its owner to store items from or related to the owner's Colorado residence; and Not used for storage related to a business. For a property to qualify as a residential storage condominium unit, the owner of the building unit must submit an affidavit of intended use. The property tax administrator is required to establish the form of the affidavit and to prepare and publish standards for assessors to determine whether a property qualifies as a residential storage condominium unit. The bill establishes penalties for a person that knowingly provides false information on the affidavit. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill prohibits a state or political subdivision from: Providing the race, ethnicity, national origin, immigration status, or religious affiliation of a Colorado resident to the federal government without determining it is for a legal and constitutional purpose; Aiding or assisting the federal government in creating, maintaining, or updating a registry for the purpose of identifying Colorado residents based on race, ethnicity, national origin, immigration status, or religious affiliation; Aiding or assisting the federal government or a federal agency in marking or otherwise placing a physical or electronic identifier on a person based on his or her race, ethnicity, national origin, immigration status, or religious affiliation; and Aiding or assisting, including using state or local lands or resources, the federal government in interning, arresting, or detaining a person based on his or her race, ethnicity, national origin, immigration status, or religious affiliation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
In 2016, the general assembly enacted House Bill 16-1063, which allows mental health professionals to disclose to school and school district personnel and law enforcement agencies communications with a client if the client makes statements or exhibits behaviors that create an articulable and significant threat against a school or its occupants. The effect of the legislation was contingent on receipt from the secretary of the federal department of health and human services (HHS) of an exception to the privacy rule under the federal 'Health Insurance Portability and Accountability Act of 1996' (HIPAA). The state received notice from HHS that the legislation is not contrary to the HIPAA privacy rule and therefore does not qualify for an exception. Accordingly, the bill repeals the contingency provision. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill makes appropriations for matters related to the legislative department for the 2017-18 state fiscal year. The bill makes an appropriation to the youth advisory council cash fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The current definition of 'special respondent' in the Children's Code only allows a party to be involuntarily joined in a dependency or neglect proceeding. The bill amends that definition to allow a party to be voluntarily joined in a dependency or neglect proceeding. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate Education Committee. The bill implements the recommendation of the department of regulatory agencies to continue the education data advisory committee.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires that each mammography report provided to a patient include information that identifies the patient's breast tissue classification based on the breast imaging reporting and data system established by the American college of radiology. If the health care facility that performed the mammography determines that a patient has dense breast tissue, the facility is required to notify the patient of the determination using specific language. (Note: This summary applies to this bill as introduced.)
Statutory Revision Committee. The bill modernizes current practices relating to warrants and checks not timely presented to the state treasurer for payment by: Repealing the requirement that a list of the state's outstanding warrants and checks from the prior completed fiscal year be posted in the offices of the state treasurer and controller; and Aligning the expiration of such warrants and checks with the 'Unclaimed Property Act'.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Purchases of machinery or machine tools to be used in Colorado directly and predominantly in manufacturing tangible personal property are currently exempt from state sales and use tax. The bill extends the exemption to machinery or machine tools purchased by a business for construction materials mining operations. (Note: This summary applies to this bill as introduced.)
Under current law, a retail liquor store licensee that was licensed on or before January 1, 2016, and is a Colorado resident is permitted to obtain one additional retail liquor store license on or after January 1, 2017; 2 additional retail liquor store licenses on or after January 1, 2022; and 3 additional retail liquor store licenses on or after January 1, 2027. With regard to additional retail liquor store licenses, the premises cannot be located within 1,500 feet of any other licensed retail liquor store in the same licensing jurisdiction or, if within a municipality with a population of not more than 10,000 people, the premises cannot be located within 3,000 feet of any other licensed retail liquor store in the same licensing jurisdiction. Also, in addition to selling malt, vinous, and spirituous liquors, a retail liquor store may sell nonalcohol products, but only if the sales revenues from nonalcohol products do not exceed 20% of the store's total annual gross sales revenues. The bill excludes from the calculation of sales revenues from nonalcohol products revenues from the sale of lottery products, cigarettes, tobacco products, nicotine products, ice, and nonalcohol beverages. With regard to multiple licenses, the bill retains the ability for a retail liquor store licensee that is a Colorado resident to obtain one additional retail liquor store license through July 1, 2017, if the new premises satisfies the distance requirements, and starting July 1, 2017, retains the distance requirements and replaces the current time periods and additional license provisions with a structure that mirrors the tiered structure for liquor-licensed drugstores to obtain additional licenses, as follows: For a retail liquor store licensee licensed as of January 1, 2017, that has been a Colorado resident for at least 2 years or has operated a business in Colorado for at least 10 years, in order to obtain an additional retail liquor store license on or after July 1, 2017, the applicant must apply to transfer ownership of 2 licensed retail liquor store licenses within the same local licensing jurisdiction as the premises for which a new license is sought and merge the 2 licenses into a single retail liquor store license; A retail liquor store that qualifies for additional retail liquor store licenses is eligible to obtain: 4 additional licenses, for a total of 5 retail liquor store licenses, on or after July 1, 2017; 7 additional licenses, for a total of 8 retail liquor store licenses, on or after January 1, 2022; 12 additional licenses, for a total of 13 retail liquor store licenses, on or after January 1, 2027; 19 additional licenses, for a total of 20 retail liquor store licenses, on or after January 1, 2032; and an unlimited number of additional retail liquor store licenses, on or after January 1, 2037. A retail liquor store is prohibited from allowing customers to use a self-checkout to complete an alcohol beverage purchase. A retail liquor store is required to: Verify the age of a customer attempting to purchase an alcohol beverage by examining the customer's valid identification; and Maintain certification as a responsible alcohol beverage vendor. An employee of a retail liquor store who is under 21 years of age cannot deliver or otherwise have contact with alcohol beverages offered for sale on, or sold and removed from, the licensed premises. (Note: This summary applies to this bill as introduced.)
The 'Colorado Regional Tourism Act' includes a process by which one or more local governments may undertake a regional tourism project (project), create a regional tourism zone in which the project will be built, and create a regional tourism authority to use tax increment financing based on state sales tax revenue to finance eligible improvements related to the project. Currently, once a project has been approved, there is not a process to allow a local government to request and the Colorado economic development commission (commission) to approve a modification to the components of the project. The bill allows a local government that is a participant in an approved project to apply to the commission to modify the project if the local government determines that a planned project component is no longer viable or that the new component will increase the number of out-of-state tourists visiting the project or net new revenue generated by the project. A local government must submit an application to modify an approved project to the Colorado office of economic development (office) for initial review prior to the commencement of substantial work on the project component that will be replaced. The local government is required to include certain information in the proposal but is not required to provide any information that was in the original application and that remains unchanged. The application must include an economic analysis that details whether the modified project meets the requirements specified in law and in guidelines established by the office. The office is required to review and forward an application for a modification of a project to the commission with a recommendation that the commission approve the application, deny it, or approve it with conditions. The commission is required approve the application unless the modified project no longer meets the criteria for a project established in law. The commission may amend its original award, including the percentage of sales tax increment that is awarded and the total cumulative dollar amount to be awarded if specifically impacted by the new component, but may not increase the total cumulative dollar amount of the award beyond that which was previously awarded. If the application for a modification is approved, the commission is required to modify the resolution it adopted when it approved the original application as necessary to conform the resolution to the modified project. (Note: This summary applies to this bill as introduced.)
The bill prohibits a court from imposing as a bond condition a ban on marijuana use if the person possesses a valid medical marijuana registry identification card. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
