Rep. Dan Pabon

The bill seeks to clarify the general assembly's intent when it enacted a dispute resolution process in 1985 to address a situation when a taxpayer paid a sales and use tax to one local government when it should have instead paid that disputed amount to a different local government. A recent court case applied the statute of limitations to this dispute resolution process, resulting in the taxpayer having to pay the disputed amount twice to 2 different local governments. The bill specifies that any statutes of limitations, either local, state, or in intergovernmental transfer agreements, do not apply to the remedies set forth in law. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado. The bill makes it a level 2 drug misdemeanor for a person not licensed to sell medical or retail marijuana to advertise for the sale of marijuana or marijuana concentrate. The bill excludes from the crime primary caregivers, medical marijuana-infused product manufacturers, retail marijuana product manufacturers, and retail marijuana testing facilities.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Beginning on the effective date of the bill, the bill creates a state sales and use tax exemption for a historic aircraft that is on loan for public display, demonstration, educational, or museum promotional purposes (public display) in the state if: The historic aircraft is on loan for public display to a publicly owned or nonprofit museum in the state; The historic aircraft will be used only for public display while within the state but away from the museum to which the historic aircraft is on loan; and The museum to which the historic aircraft is on loan for public display is open to the public for at least 20 hours every week.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law requires the state to compensate persons who were wrongly convicted of crimes and subsequently incarcerated. Such compensation is paid in annual payments of $100,000 until the state's duty of compensation is satisfied. The bill allows an exonerated person to elect to receive the remaining balance of the state's duty of compensation in a lump sum by: Notifying the state court administrator, the governor, and the general assembly of such election; Completing a personal financial management instruction course; and Acquiring and committing to maintain a qualified health insurance plan.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law requires the department of revenue to meet certain deadlines in sending out income tax refunds: 14 days for returns filed in January; 21 days for returns filed in February; 28 days for returns filed in March; and 45 days for returns filed in April. If these statutory deadlines are not met, a penalty and interest is added as specified in statute. Current law also identifies certain exceptions to these requirements. The bill specifies that if the department of revenue makes a determination, in good faith, that there is a suspicion of identity theft or other refund-related fraud, then the deadlines do not apply. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The retail marijuana code requires a license for retail marijuana business operators. The bill creates a corresponding medical marijuana business operator license. Under current law, a medical marijuana licensee may move his or her location within the city or county where the business is licensed upon approval of the local and state licensing authority. Under the retail marijuana code, a licensee can move his or her business anywhere in Colorado upon approval of the state and local jurisdiction. The bill allows a medical marijuana licensee to move his or her business anywhere in Colorado upon approval of the state and local jurisdiction to conform with the retail marijuana code. Under the retail marijuana code, if a test result indicated the presence of any substance determined to be injurious to health, the licensee has an opportunity to remediate the product if the test indicated the presence of a microbial. If the licensee is unable to remediate the product, then the licensee shall document and properly destroy the adulterated product. The bill gives a medical marijuana licensee the same opportunity to remediate its product. The bill allows medical marijuana-infused product manufacturers to sell or buy medical marijuana from another medical marijuana-infused product manufacturer. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law defines a mortgage loan originator as an individual who offers or negotiates terms of a residential mortgage loan, including to any family member, but there is an exemption for a parent who acts as a loan originator in providing loan financing to his or her child. The bill expands the exemption to include up to 3 loans per year without compensation, other than interest, between family members, and directs the board of mortgage loan originators to define 'family member' by rule. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Currently, 'United States Mountain Standard Time' (MST) is the standard time within Colorado, except during the annual period of 'daylight saving time' (the second Sunday in March through the first Sunday in November), during which MST is advanced one hour. The bill makes daylight saving time the year-round standard time within the state, but takes effect only: If approved by Colorado voters in the November 2018 general election; and When the other states wholly or partially in the Mountain time zone also adopt permanent daylight saving time for the states or portions thereof within that time zone.(Note: This summary applies to this bill as introduced.)

The bill limits the damages that a vehicle rental company can recover for the loss of use of the vehicle to the actual lost profits suffered by the company due to the loss of use of the vehicle. (Note: This summary applies to this bill as introduced.)

Currently, 'United States Mountain Standard Time' (MST) is the standard time within Colorado, except during the period of daylight saving time (i.e., the second Sunday in March to the first Sunday in November) when time is advanced one hour. The bill exempts the state from observing daylight saving time, making MST the standard time year-round. (Note: This summary applies to this bill as introduced.)