Current law requires retailers that do not collect Colorado sales tax to provide notification to all Colorado purchasers showing certain information. The notification must be sent separately to all Colorado purchasers by first-class mail. The bill specifies that the notification must instead be sent to the email address used to complete the purchase and not be included with any other emails to the purchaser regarding the purchase. The bill also repeals the notification requirement that the retailer that does not collect Colorado sales tax must send to the department of revenue for each Colorado purchaser that specifies the total amount paid for Colorado purchases. The bill requires the department of revenue to create a 'Know What You Owe' educational campaign on their website in order to property educate Colorado taxpayers of their obligation to pay sales tax on internet purchases. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committee on Legal Services. Based on the findings and recommendations of the committee on legal services, the bill extends all state agency rules and regulations that were adopted or amended on or after November 1, 2015, and before November 1, 2016, with the exception of the rules and regulations specifically listed in the bill. Those specified rules and regulations will expire as scheduled in the 'State Administrative Procedure Act' on May 15, 2017, on the grounds that the rules and regulations either conflict with statute or lack or exceed statutory authority.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate State, Veterans, and Military Affairs Committee. The restorative justice coordinating council (council) is scheduled for repeal on July 1, 2017, with a corresponding sunset review. The bill extends the council based on the recommendation of the sunset review. The bill moves the council from title 19, Colorado Revised Statutes, which relates to the juvenile code, to title 13, Colorado Revised Statutes, which relates to the judicial code, since restorative justice use has expanded from juvenile cases to adult cases.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
House Bill 16-1309, which was enacted by the 2016 general assembly, concerned a defendant's right to counsel in certain cases considered by municipal courts. The bill delays the implementation of House Bill 16-1309 until July 1, 2018. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Statutory Revision Committee. Pursuant to section 24-1-136 (11)(a)(I), Colorado Revised Statutes, any report that is required to be made to the general assembly by an executive agency or the judicial branch on a periodic basis expires on the day after the third anniversary of the date on which the first report was due unless the general assembly, acting by bill, continues the requirement. The bill addresses reporting requirements of the department of transportation. Sections 1 and 2 and 4 through 9 of the bill repeal a report that was scheduled to repeal according to section 24-1-136 (11)(a)(I). Currently there is no repeal date listed in the organic statute. Section 3 of the bill adds a repeal date in the organic statute that coincides with the scheduled repeal date specified in section 24-1-136 (11)(a)(I).(Note: This summary applies to this bill as introduced.)
A regional transmission organization is an independent electric transmission operator that provides wholesale transmission services to more than one provider of retail or wholesale electric service within a defined geographic region by pooling together a number of transmission assets into a single electricity transmission market from which participating retail electric service providers may purchase wholesale transmission services. The bill directs the transportation legislation review committee to conduct a hearing during the 2017 interim on the effects that participation by retail electric service providers in a regional transmission organization would have on retail or wholesale electric service providers, their ratepayers, and Colorado's market for renewable energy. The hearing must take place on or before December 1, 2017. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Statutory Revision Committee. Pursuant to section 24-1-136 (11)(a)(I), Colorado Revised Statutes, any report that is required to be made to the general assembly by an executive agency or the judicial branch on a periodic basis expires on the day after the third anniversary of the date on which the first report was due unless the general assembly, acting by bill, continues the requirement. The bill addresses reporting requirements of the department of human services. Sections 3 through 6, 8, 10 through 12, and 14 through 17 of the bill continue the reporting requirements indefinitely. Sections 1, 2, 13, and 18 repeal reports that were scheduled to repeal according to section 24-1-136 (11)(a)(I). Currently there is no repeal date listed in the organic statute. Sections 7 and 9 add repeal dates in the organic statute that coincide with the scheduled repeal date specified in section 24-1-136 (11)(a)(I). Sections 19 and 20 make conforming amendments.(Note: This summary applies to this bill as introduced.)
Signed by the Speaker of the House
Joint Budget Committee. For the 2017-18 fiscal year, the bill transfers: $68,840,446 from the general fund to the capital construction fund; $19,855,515 from the general fund to the information technology capital account of the capital construction fund; $500,000 from the general fund exempt account of the general fund to the capital construction fund; $20 million from the general fund to the controlled maintenance trust fund; and $1 million from the preservation grant program account of the state historical fund to the capital construction fund to restore the windows and granite exterior of the state capitol building.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill implements changes to the Colorado constitution approved by voters at the 2016 general election that make it more difficult to amend the state constitution by: Prohibiting a petition for an initiated state constitutional amendment to be submitted to voters for approval or rejection unless the petition is signed by the constitutionally specified number of registered electors who reside in each state senate district and total number of registered electors; and Requiring at least 55% of the votes cast on any state constitutional amendment to adopt the amendment; except that only a simple majority of the votes cast is necessary to adopt a state constitutional amendment that only repeals in whole or in part a provision of the state constitution. When a draft of a ballot issue that proposes a state constitutional amendment is filed with the title board, the title board must decide if the proposed constitutional amendment only repeals in whole or in part a provision of the state constitution for purposes of determining the required percentage of votes cast to adopt the amendment. The designated representatives of the proponents or any registered elector who is not satisfied with the title board's decision may appeal the decision by filing a motion for rehearing to the title board. Decisions of the title board at the rehearing on this issue may be directly appealed to the Colorado supreme court in the same manner as ballot title and fiscal impact abstract appeals. The bill requires the secretary of state to notify proponents of a petition for an initiated state constitutional amendment of the number and boundaries of the state senate districts in existence and the number of registered electors in each state senate district at the time the petition format is approved. The secretary of state must validate signatures on a petition for an initiated state constitutional amendment by random sampling. If the random sample establishes that the number of valid signatures is 90% or less of the total number of registered electors needed to declare the petition sufficient, the secretary of state is required to deem the petition to be not sufficient. If the random sample establishes that the number of valid signatures is more than 90% of the total number of registered electors needed to declare the petition sufficient, the secretary of state is required to order the examination of each signature filed. After the examination of a petition for an initiated constitutional amendment, the secretary of state is required to issue a statement as to whether a sufficient number of valid signatures from each state senate district and a sufficient total number of valid signatures appear to have been submitted to certify the petition to the ballot. If the secretary of state declares that the petition appears not to have either a sufficient number of valid signatures from each state senate district, a sufficient total number of valid signatures, or both, the secretary of state's statement shall specify the number of sufficient and insufficient signatures from each state senate district, the total number of sufficient or insufficient signatures, or both, as applicable. The bill allows the proponents of the petition to cure an insufficiency of signatures in one or more state senate districts, the total valid signatures, or both, as applicable. $4,120 is appropriated from the department of state cash fund for use by the department of state for personal services. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes, which relates to professions and occupations. To implement the initial recommendations of the study, Section 1 of the bill relocates the statutes governing commercial driving schools to part 6 of article 2 of title 42. Sections 2 and 3 update the citations of other statutes to harmonize with the new locations. Section 4 repeals the moved statutes.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill changes the definition of 'salvage vehicle' to add another test of when an insurer determines the vehicle to be a total loss. The bill also adds theft damage as an exclusion to the types of damage that can cause a vehicle to be a salvage vehicle. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
