Rep. Tracy Kraft-Tharp

Current law exempts from the definition of a "real estate appraisal" certain analyses prepared by an officer, director, or regularly salaried employee of a financial institution or its affiliate when the analyses are used for internal purposes only. Federal law also exempts such analyses when they are prepared by an agent of a financial institution or its affiliate. The act adds these agents to the list of people who can make these exempt analyses. (Note: This summary applies to this bill as enacted.)

The act: Establishes a hold harmless provision for vendors who use the state's geographic information system database (GIS database) to determine the jurisdictions to which sales or use tax is owed and to calculate appropriate sales or use tax rates for individual addresses; Requires the department of revenue to notify vendors when the GIS database is online, tested, and verified by the department of revenue to be operational, supported, and available for use; Specifies that the notification to vendors may be provided in any way that the department of revenue deems appropriate and must be accomplished within existing resources; Requires the department of revenue to ensure that the GIS database data is at least 95% accurate based on a statistically valid sample of addresses from the database, or based on another acceptable method of proving accuracy; Requires the executive director of the department of revenue to promulgate rules for the administration and use of the GIS database; Specifies that the statutory section regarding certified address location databases used for collecting and remitting sales and use tax is repealed 90 days after the date that the revisor of statutes is notified by the department of revenue that a geographic information system that meets the defined scope of work set forth in the request for solicitation is online, tested, and verified by the department of revenue to be operational, supported, and available for use; and Requires the department of revenue to notify the revisor of statutes no later than 15 days after such a system is online, tested, and verified by the department of revenue to be operational, supported, and available for use.(Note: This summary applies to this bill as enacted.)

The bill requires the staff of the legislative council to prepare business fiscal impact notes (notes) on legislative bills in each regular session of the general assembly. The speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate are authorized to request 2 notes each, or more at the discretion of the director of research of the legislative council. The bill requires the staff of the legislative council to meet with the member of leadership requesting the note and with the sponsor of the legislative bill to discuss whether a note can practically be completed for that legislative bill. If not, the member of leadership may request a note on a different legislative bill. A business fiscal impact note is defined as a note that uses available data to analyze the potential direct economic effects of a legislative bill on Colorado businesses, including costs related to compliance, impacts on hiring or job losses, savings or cost reductions, and other fiscal impacts. The bill requires the director of research of the legislative council to develop the procedures for requesting, completing, and updating the notes and to memorialize the procedures in a letter to the executive committee of the legislative council. The staff of the legislative council must designate a 5-day period during which Colorado businesses can submit comments on the impacts of a legislative bill selected for the preparation of the note, or a shorter time if the bill is selected during the last 30 days of session. The staff must summarize and compile the comments as part of the note. Finally, the legislative bill requires each state department, agency, or institution to cooperate with and provide information for a note of a legislative bill in the manner requested by the staff of the legislative council. (Note: This summary applies to this bill as introduced.)

Motor vehicle and powersports vehicle sales - licenses - wholesalers. The act limits to 2 the number of individuals who may act as a wholesaler under a single wholesale license.(Note: This summary applies to this bill as enacted.) Read More

Protective services - access to records - clarifies disclosure of report to at-risk adult. House Bill 19-1063, concerning the ability to share information between county adult protective services with county child protective services as well as at-risk adults obtaining their own information, allowed an at-risk adult to access a report of the mistreatment or self-neglect of an at-risk adult (report) without a court order, but the act did not specify that only the individual who is the subject of the report may access the report. This act clarifies that a court order is not required when a report of the mistreatment or self-neglect of an at-risk adult is disclosed to the at-risk adult who is the subject of the report.(Note: This summary applies to this bill as enacted.) Read More

Sales and use tax - changes in law applicable to the state and state collected local governments - establishing economic nexus - codifying destination sourcing - establishing an exception to destination sourcing - requiring marketplace facilitators to collect and remit sales tax on behalf of marketplace sellers. The act: Establishes economic nexus for purposes of retail sales made by retailers without physical presence and specifies that the economic nexus does not apply for sales made by such retailers prior to June 1, 2019; Codifies the department of revenue's destination sourcing rule for state sales tax collection, for sales taxes imposed by any statutory incorporated town, city, or county, and for special districts, but specifies that a small retailer may source its sales to the business' location regardless of where the purchaser receives the tangible personal property or service until a geographic information system provided by the state is online and available for the retailer to determine the taxing jurisdiction in which an address resides; Commencing October 1, 2019, requires marketplace facilitators to collect and remit sales tax on behalf of marketplace sellers that enter into a contract with a marketplace facilitator that facilitates the sale of the marketplace seller's tangible personal property, commodities, or services through the marketplace facilitator's marketplace and also: Allows marketplace facilitators to retain the vendor fee for the collection and remittance of the sales tax on sales made by marketplace sellers on its marketplace; Provides the marketplace facilitator with audit relief if the marketplace facilitator can demonstrate to the satisfaction of the executive director of the department of revenue that it made a reasonable effort to obtain accurate information regarding the obligation to collect tax from the marketplace seller; and Specifies that the marketplace seller does not have the liabilities, obligations, and rights of a retailer if the marketplace facilitator is required to collect and remit sales tax on its behalf, including licensing, collection, and remittance requirements; and Repeals outdated references to remote sales and remote sellers that were added pursuant to House Bill 13-1295, concerning the implementation of the minimum simplification requirements of the proposed federal "Marketplace Fairness Act of 2013" in order for the state to be authorized by the federal government to require remote sellers to collect sales tax on taxable sales made within the state, but are not applicable because Congress never enacted an act that authorizes states to require certain retailers to pay, collect, or remit state or local sales taxes.(Note: This summary applies to this bill as enacted.) Read More

Colorado secure savings plan - board - studies and analyses - report - appropriation. The Colorado secure savings plan board (board) is established to study the feasibility of creating the Colorado secure savings plan and other appropriate approaches to increase the amount of retirement savings by Colorado's private sector workers. The board consists of the state treasurer or the treasurer's designee and 8 additional trustees with certain experience who are appointed by the governor. The board is required to conduct the following 4 analyses or assessments by a specified date: A detailed market and financial analysis to determine the financial feasibility and effectiveness of creating a retirement savings plan in the form of an automatic enrollment payroll deduction IRA, to be known as the Colorado secure savings plan; A detailed market and financial analysis to determine the financial feasibility and effectiveness of a small business marketplace plan to increase the number of Colorado businesses that offer retirement savings plans for their employees; An analysis of the effects that greater financial education among Colorado residents would have on increasing their retirement savings; and An analysis of the effects that not increasing Coloradans' retirement savings would have on current and future state and local government expenditures. The board may accept any gifts, grants, and donations, or any money from public or private entities to pay for the costs of the analyses. The board may delay implementation of one or more of the analyses if it does not obtain adequate money to conduct the analyses. If after conducting the analyses, the board finds that there are approaches to increasing retirement savings for private sector employees in a convenient, low-cost, and portable manner that are financially feasible and self-sustaining, the board is required to recommend a plan to implement its findings to the governor and the general assembly. For the 2019-20 state fiscal year, $800,000 from the general fund is appropriated to the department of the treasury for the purpose of conducting the analyses or assessments, including operating expenses. (Note: This summary applies to this bill as enacted.) Read More

Regulation of food trucks - study. The act recognizes that food trucks are a fast-growing part of the Colorado economy, and that because food trucks are inherently mobile and operate in multiple locations, the regulation of food trucks at the local level creates unique issues requiring further study. State and regional organizations representing local government may study the regulation of food trucks to identify areas of duplicate or conflicting regulation. The organizations may report to the business affairs and labor committee of the house and the business, labor, and technology committee of the senate on any findings or recommendations, including recommendations for future legislative solutions, by November 1, 2019.(Note: This summary applies to this bill as enacted.) Read More

Lottery winnings offsets - court fines, fees, costs, or surcharges. The act allows lottery winnings to be intercepted for the payment of outstanding court fines, fees, costs, or surcharges.(Note: This summary applies to this bill as enacted.) Read More

State board of accountancy - continuing education requirements - continuation under sunset law. The automatic termination date of the regulation of accountants by the state board of accountancy is extended until September 1, 2030, pursuant to the provisions of the sunset law. The act implements the recommendations of the department of regulatory agencies' sunset review and report on the state board of accountancy by: Making the use of fraudulent, coercive, or dishonest practices, or the demonstration of incompetence, untrustworthiness, or financial irresponsibility, grounds for discipline (section 9 of the act); Clarifying that foreign corporations operating a Colorado office must register with the board and adding "limited liability partnership" to the list of business types that must register (section 8); Permitting a person that is not certified or registered to use an accounting designation that includes the word "management" conferred by a bona fide nationally recognized accounting organization if the designation does not purport to confer the right to perform audit or attest services (sections 4 and 7); Authorizing the board to take disciplinary action against uncertified or unregistered persons, including resident managers, if they provide services that require certification or registration (section 9); Allowing a person to request inactive status via any board-approved method (section 5); and Making technical changes (sections 5, 10, and 11). Section 3 updates the names of several regional accrediting agencies. Section 6 specifies that a nonresident certificate holder's completion of continuing education requirements in the holder's home state satisfies the Colorado continuing education requirements. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More