Under preexisting law, a county clerk may conduct a pilot kiosk program using private providers to issue driver's licenses, register motor vehicles, or issue certificates of title. The act eliminates the program's pilot status, converting it to a regular program, and makes the following substantive changes: Requires counties to provide services across county jurisdictions; Expands the services the program may provide; Authorizes mobile telephone and web-based services; Replaces the cap of $3.00 on the convenience fee for services with a requirement that the cap be negotiated between the county clerk and the private provider; Adds data security requirements for the private provider; and Limits the private provider's ability to retain and transfer data to those purposes contemplated by the motor vehicle statutes. $112,500 is appropriated from the Colorado DRIVES vehicle services account to the department of revenue to implement the act. (Note: This summary applies to this bill as enacted.)
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Effective January 1, 2021, the act transfers the function of issuing permits for the transportation of hazardous materials and nuclear materials by motor vehicle from the public utilities commission to the department of transportation. The act also reduces state fiscal year 2020-21 cash fund appropriations from the public utilities commission motor carrier fund to the public utilities commission for personal services and operating expenses by a total amount of $20,918. (Note: This summary applies to this bill as enacted.)
The bill authorizes a transportation planning organization (TPO) to exercise the powers of a regional transportation authority (RTA). Among other powers, the powers of a RTA include the power to impose various charges, fees, and, with voter approval, visitor benefit, sales, and use taxes to generate transportation funding. Any additional transportation funding obtained by a TPO exercising the power of a RTA are intended to supplement and not supplant state transportation funding allocated within the boundaries. Therefore, the transportation commission and the department of transportation (CDOT) are prohibited from taking such additional transportation funding into account when determining the amount of state transportation funding to be allocated within the boundaries of a TPO, and CDOT, when submitting its annual proposed budget allocation plan, is required to provide evidence that the proposed allocation of state transportation funding within the boundaries of any TPO that has obtained such additional transportation funding has not been reduced in any way on account of the additional transportation funding.(Note: This summary applies to this bill as introduced.)
The starting point for determining state income tax liability is federal taxable income. This number is adjusted for additions and subtractions that are used to determine Colorado taxable income, which amount is multiplied by the state's income tax rate. Section 3 of the bill requires an individual to add to his or her federal taxable income an amount equal to the federal income tax deduction that he or she took for his or her combined qualified business income amount. The federal deduction may be claimed for income tax years commencing prior to January 1, 2026. The earned income tax credit is equal to a percentage of the federal earned income tax credit. Section 4 increases the percentage from 10% to 20% beginning in 2021. The state child tax credit, which is also a percentage of the federal child tax credit based on the taxpayer's income, is only allowed after the United States Congress enacts a version of the "Marketplace Fairness Act". Section 5 repeals this condition and instead allows the credit to be claimed beginning in 2021.(Note: This summary applies to this bill as introduced.)
Under existing law, there is a presumptive range of fines for traffic misdemeanors and traffic infractions (traffic offenses) and there are specified fines and surcharges for certain traffic offenses. The bill increases the presumptive ranges of fines for traffic offenses and increases specified fines and surcharges for certain traffic offenses. The bill requires that 25% of the fine collected for a traffic misdemeanor and 50% of the fine collected for a traffic infraction be transmitted to the county in which the violation occurs. Counties are permitted to use the money for traffic safety improvements, traffic enforcement, prosecution of traffic violations, or any other use consistent with the state constitution. Under existing law, driving without a valid driver's license or instruction permit or driving a vehicle for which a person has not been issued the correct type or class of license is a class 2 traffic misdemeanor. The bill reclassifies those offenses as class A traffic infractions. Under existing law, operating or permitting the operation of a motor vehicle or low-power scooter without an insurance policy in effect or failing to present evidence of insurance following an accident or when asked to do so by a peace officer is a class 1 traffic misdemeanor. The bill reclassifies a first violation of each of those offenses as a class A traffic infraction punishable by a $500 fine. A court must reduce the fine to $250 upon a showing that the person has appropriate insurance. A second or subsequent violation within 5 years remains a class 1 traffic misdemeanor and is punishable by a $1,000 fine that may not be reduced by the court. (Note: This summary applies to this bill as introduced.)
The property tax administrator is required by law to prepare and publish manuals, appraisal procedures, instructions, and guidelines (property tax materials) concerning the administration of the property tax. Beginning January 1, 2021, section 1 of the bill requires the administrator to conduct a public hearing on a proposed change to the property tax materials prior to submitting the proposed change to the advisory committee to the property tax administrator (advisory committee). The administrator must publish notice of the hearing and mail notice to those people who so request. At the hearing, interested persons may submit information and the administrator is required to consider these submissions. Any interested person may also petition the administrator for the issuance, amendment, or repeal of any property tax material. At least 2 weeks prior to the advisory committee reviewing a proposed change to the property tax materials, section 2 requires the property tax administrator to publish notice about the proposed change.(Note: This summary applies to this bill as introduced.)
Sections 1 and 2 of the bill establish authority for the board of assessment appeals to refer a matter before it to a hearing officer for an expedited hearing, upon the request of a taxpayer in certain circumstances. There are deadlines for requesting and conducting the hearing and for the hearing officer to make his or her order. The procedure for the hearing is similar to those hearings conducted before the board. If unchanged by the board of assessment appeals, a hearing officer's order is appealable in the same manner as an order issued by the board. Section 3 creates the property tax valuation protest deadline task force. The task force consists of 7 members: The property tax administrator or the administrator's designee and 6 members appointed by the governor. The task force meets over one year and is required to consider and make recommendations to legislative committees to extend the taxpayer's deadline to protest a property tax valuation and to adjust other related deadlines. Under current law, an assessor may, with the permission of the board of county commissioners, include an estimate of property taxes owed in a notice of valuation. Section 4 requires an assessor to include this estimate and allows the assessor to include a range of values. If in the consideration of a protest an assessor finds that he or she made a systematic error and the valuations of other similar properties are incorrect, section 5 requires the assessor to correct the error for the other similar properties.(Note: This summary applies to this bill as introduced.)
Under current law, the state licensing authority is required to treat a metered-dose inhaler the same as a vaporized delivery device for purposes of regulation and testing. The bill repeals this provision. (Note: This summary applies to this bill as introduced.)
Current law authorizes the formation of marijuana financial services cooperatives under the regulation of the state commissioner of financial services. The act implements the recommendations of the department of regulatory agencies' sunset review of marijuana financial services cooperatives by repealing the authorizing law. (Note: This summary applies to this bill as enacted.)
Under current law, all managers and employees of a medical marijuana business or a retail marijuana business with day-to-day operational control must be Colorado residents when they apply for licensure. The act repeals this residency requirement. The act clarifies that all employee licenses are valid for a period not to exceed 2 years and all regulated marijuana business licenses and licenses granted to a controlling beneficial owner are valid for one year. (Note: This summary applies to this bill as enacted.)