Current law prohibits: A person from selling alcohol beverages at retail in sealed containers unless the person holds a retail liquor store or liquor-licensed drugstore license; A person from removing alcohol beverages from an establishment that is licensed under the 'Colorado Liquor Code' to sell alcohol beverages only for consumption on the licensed premises; and A person licensed to sell alcohol beverages at retail to have on the licensed premises any alcohol beverage that the licensee is not permitted under its license to sell. These prohibitions preclude an organization holding a special event at a premises licensed to sell alcohol beverages for consumption on the licensed premises from bringing alcohol beverages in sealed containers onto the premises in order to auction the alcohol beverages for fundraising purposes. The bill provides exceptions to these prohibitions and specifically allows certain organizations to bring onto and remove from the premises where the event will be held, whether licensed or unlicensed, alcohol beverages in sealed containers that were donated to or otherwise lawfully obtained by the organization and will be used for an auction for fundraising purposes as long as the alcohol beverages remain in sealed containers at all times and the licensee does not realize any financial gain related to the alcohol beverage auction. The exceptions are authorized for an organization that is eligible to apply for a special event permit, is exempted from special event permit requirements, or is holding a special event at a retail premises licensed to sell alcohol beverages for on-premises consumption. The retail value of alcohol beverages donated by a retail liquor store, liquor-licensed drugstore, or fermented malt beverage retailer is not included in the calculation of the $2,000 limit on the purchase of alcohol beverages from those retailers by persons licensed to sell alcohol beverages for on-premises consumption. Additionally, a retailer that donates alcohol beverages is liable for unlawful acts committed by the organization or other person involving the donated alcohol beverages or on the licensed premises where the event is held. If an unlawful act is committed on a licensed premises where a special event is held, the licensing authorities are required to consider mitigating factors, including the licensee's lack of knowledge of the violation, in determining whether to hold the licensee responsible. The bill applies to the following types of organizations: An organization formed for a social, fraternal, patriotic, political, or athletic purpose and not for pecuniary gain; An organization that is a regularly chartered branch, lodge, or chapter of a national organization or society organized for social, fraternal, patriotic, political, or fraternal purposes and is nonprofit in nature; An organization that is a regularly established religious or philanthropic institution; An organization that is a state institution of higher education; or A political candidate.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sponsored bills
Sales and Use Tax Simplification Task Force. The bill requires the department of revenue to issue a request for information for an electronic sales and use tax simplification system that the state or any local government that levies a sales or use tax, including a home rule municipality and county, could choose to use that would provide administrative simplification to the state and local sales and use tax system.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill amends current statutory language in the 'Colorado Children's Trust Fund Act' to place a greater priority on preventing child maltreatment fatalities and continuing to prevent child maltreatment. This includes reducing the occurrence of prenatal drug exposure and drug endangerment and reducing the occurrence of other adverse childhood experiences. The current membership of the Colorado children's trust fund board (board) is increased from 9 members to 21 members, to reflect a broader approach to child maltreatment prevention issues. Duties and powers of the board are expanded to include: Advising and making recommendations to the governor, state agencies, and other entities concerning child maltreatment prevention; Developing strategies and monitoring efforts to decrease incidences of child maltreatment, child maltreatment fatalities, and other adverse childhood experiences; and Monitoring and implementing, as appropriate, the ongoing development and implementation of programs and factors that affect work in the area of childhood maltreatment. The bill expands the accepted uses for grants from the Colorado children's trust fund to include programs working to reduce the incidence of child maltreatment fatalities, child maltreatment, and other adverse childhood experiences. The repeal date for the act is extended from July 1, 2022, to July 1, 2023. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill amends the "Life and Health Insurance Protection Association Act" as follows: Adds health maintenance organizations (HMOs) as members of the association and subjects HMOs to assessments from the association; Allocates responsibility for long-term care insurance assessments between health insurance and life insurance association members; and Requires member insurers that write health benefit plans in Colorado to collect a fee of up to $2 per month from each certificate holder, policyholder, or contract holder for each certificate, policy, or contract the member insurer issues, to be deposited into a fund for the purpose of defraying the costs of a health insurer insolvency.(Note: This summary applies to this bill as introduced.) , Read More
The bill repeals the current 'Nurse Licensure Compact' and adopts the 'Enhanced Nurse Licensure Compact'. The 'Enhanced Nurse Licensure Compact' makes the following changes to the 'Nurse Licensure Compact': Provides authority to each party state licensing board to obtain and submit criminal background checks for multistate nurse licensure candidates; Allows the Interstate Commission of Nurse Licensure Compact Administrators to adopt rules related to the compact; and Specifies the procedure for states to enter, withdraw from, or amend the compact.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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.)
When responding to a solicitation issued by the department of transportation (department), contractors are required to secure a bid in the form of a bond. If the contractor can furnish such bond in the required amount, the bill prohibits the department from eliminating the contractor from consideration of an award based on a financial statement that the contractor submitted to the department for the department's contractor prequalification determination process. The bill specifies that the prohibition applies even if the contractor's financial statement submitted for prequalification purposes indicates that the contractor may not be able to perform the applicable contract to the level and amount reflected in the bond. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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: Authorized to seek, accept, and expend gifts, grants, or donations from private or public sources in order to meet its goals; Subject to sunset review in 3 years; and Required to make an annual report to the legislative council that may or may not include recommendations for legislation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law prohibits a motor vehicle manufacturer (manufacturer) from requiring a motor vehicle dealer (dealer) to substantially alter a facility or premises if the manufacturer required it within the last 7 years at a cost set in statute based on the type of dealer. Section 1 of the bill extends this prohibition to 10 years. Section 1 also prohibits a manufacturer from: Selling a similarly equipped motor vehicle to one dealer at a lower price than to another dealer; Requiring or enforcing a contract giving the manufacturer a right of first refusal or an option to purchase the dealership; and Using an unreasonable, arbitrary, unfair, or surprise performance standard in determining a dealer's compliance with a franchise agreement. Section 2 repeals a provision that gives a dealer a right of first refusal for new franchises when the dealer was terminated due to the insolvency of the manufacturer. Section 2 also authorizes a dealer to sue in court to contest a manufacturer adding or moving a dealership to a market with a current dealer when this action would materially and adversely affect the dealer or the public. Such an action may currently be done administratively. Procedures are set for the civil action and an administrative hearing. Standards are set for determining the outcome. A prevailing party may get attorney fees and costs. Section 3 authorizes a dealer to sue a manufacturer in court to contest whether a termination was for just cause or for failing to provide notice of a termination. Such an action may currently be done administratively. The current process for staying the termination is strengthened. The manufacturer has the burden of proof. A prevailing dealer may get attorney fees and costs. Section 4 requires a manufacturer, when the manufacturer requires the dealer to stop selling a used motor vehicle due to a technical mechanical issue, to provide parts and a solution within 30 days or to provide compensation to the dealer. Standards are set for eligibility and payment.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill amends the pharmacy practice law to specify that it is unlawful to possess, sell, dispense, give, receive, or administer an adulterated or misbranded drug or device, within the meaning of the 'Colorado Food and Drug Act', or a counterfeit drug, as defined in the bill. A person who engages in an unlawful act is subject to a civil fine of between $1,000 and $10,000. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)