The act amends the composition of the Colorado opportunity scholarship initiative advisory board.(Note: This summary applies to this bill as enacted.)
The act removes an unused definition of "agricultural compounds" and a redundant reference to a sales and use tax exemption for poultry and livestock. The act also reorganizes special fuel and farm equipment sales and use tax exemptions so that they are in the same location.(Note: This summary applies to this bill as enacted.)
The act states that the department of health care policy and financing (department) may expand the Canadian prescription drug importation program (program) to allow a manufacturer, wholesale distributor, or pharmacy from a nation other than Canada to export prescription drugs into the state under the program if certain conditions are met. If, upon the satisfaction of these conditions, the department decides to expand the program, the executive director of the department shall notify the president of the senate, the speaker of the house of representatives, and specified legislative committees of the department's intent to do so.(Note: This summary applies to this bill as enacted.)
House Bill 00-1351, enacted in 2000, removed the provision permitting a child care contribution income tax credit for an in-kind contribution. Accordingly, the act removes all references in the statute to an in-kind contribution. The act also repeals an obsolete provision that was only applicable to the income tax year that commenced on or after January 1, 1999, but prior to January 1, 2000.(Note: This summary applies to this bill as enacted.)
All of the current law sections presented in the act provide sales tax exemptions for specific items. None of the sales tax exemptions in the act authorize corresponding use tax exemptions. As a result, an item could conceivably become subject to use tax the instant the tax-exempt sale occurs. Most statutory sales tax exemptions have corresponding use tax exemptions to prevent this. Consequently, the act addresses defects in statute by clarifying that an item that is subject to a sales tax exemption is actually exempt from both sales and use tax and makes those statutory sections compatible with the fundamental principles of use tax and Colorado supreme court decisions on the subject.(Note: This summary applies to this bill as enacted.)
The act repeals a provision of law that creates the capitol dome restoration fund, which is obsolete. The capitol dome restoration was a capital project that commenced in 2010 and has since been completed. The statutory sections regarding the capitol dome restoration were repealed in July 2015 but the statute establishing the fund and the necessary transfers of money to the fund were inadvertently left in the statutes. The act addresses that defect.(Note: This summary applies to this bill as enacted.)
The bill requires a supervising representative of a law enforcement agency to order a designated security employee of a wireless telecommunications provider to provide the law enforcement agency, without requiring the agency to obtain a court order, location information concerning the telecommunications device of a missing child if: An emergency situation exists because the time required to obtain a search warrant or other court order authorizing the acquisition of the information would frustrate the timely and safe recovery of the missing child; and The request for location is made to the law enforcement agency by the missing child's parent or legal guardian. However, a law enforcement agency shall not order the location information if the request is made by a parent or legal guardian who is a restrained person pursuant to an active protection order that identifies the missing child as a protected person, or if a law enforcement agency has an articulable reason to believe there is a custodial issue that has not been reviewed by a court. (Note: This summary applies to this bill as introduced.)
The bill requires a cooperative electric association (association) to adopt a wildland fire protection plan. The plan must include information on: Areas where the association has powerline facilities that may have an increased risk of wildland fires; The procedures and standards that the association will use to inspect and operate its powerline facilities and perform vegetation management around those facilities; The modifications or upgrades that the association will implement to reduce risks of wildland fires; The procedures for de-energizing powerline facilities to mitigate potential wildland fires; Community outreach efforts during the wildland fire season; and The potential for coordination with other wildland fire protection plans. An association must file its wildland fire protection plan with the public utilities commission every 3 years and must submit an annual report to the commission detailing its compliance with the plan. The bill allows, but does not require, an association to remove or partially remove vegetation outside of a powerline facility easement as necessary following a major weather event or other emergency situation. In addition, an association may designate vegetation as "hazard vegetation" if the association finds that the vegetation is dead, likely to fail, or likely to fall, sway, or grow into a powerline facility and finds that the vegetation is likely to cause substantial damage, disrupt service, or come within a minimum clearance distance of the powerline facility. An association may, but is not required to, remove or partially remove hazard vegetation outside of an easement after providing notice to the landowner. The association is not required to provide notice if removal of the hazard vegetation is necessary to continue safe operation of its facilities or if the removal is done as part of trimming or removing vegetation after a storm or other emergency event. If vegetation outside of a powerline facility easement dies as the result of being trimmed or partially removed by an association, the landowner may request that the association remove the vegetation at the association's expense. The association is required to remove the vegetation within ninety days; except that the association may offer and the landowner may accept payment for the reasonable cost of removal instead of the association removing the vegetation. An association is not liable for personal injury, property damage, or fire suppression costs resulting from a wildland fire if any of the following apply: The association filed a wildland fire protection plan and completed the activities described in it; A landowner failed to control vegetation outside of a powerline facility easement on the landowner's land; The association requested and was denied access to perform vegetation management in a right-of-way on land owned by a local government, the state, a federal agency, or a tribal agency; or A landowner prevented the association from maintaining its powerline facility easement or from removing hazard vegetation outside the easement. If none of those circumstances apply and an association is found liable for a wildland fire, the prevailing plaintiff is limited to actual damages and cannot recover noneconomic, punitive, or exemplary damages. (Note: This summary applies to this bill as introduced.)
The act directs the state treasurer to transfer $30,800,000 from the general fund to the Colorado firefighting air corps fund to support the following purposes:The purchase by the division of fire prevention and control (division) in the department of public safety of a fire hawk helicopter (helicopter) configured for wildfire mitigation; and The leasing by the division of a type 1 helicopter or other available and appropriate aviation resource configured for wildfire mitigation in advance of the 2021 wildfire season and for the operational costs associated with the leased and purchased aviation resources. In addition to any other purpose for the use of money in the wildfire emergency preparedness fund (WEPF), the act permits the division of fire prevention and control in the department of public safety to use money in the WEPF to provide wildfire suppression assistance to county sheriffs, municipal fire departments, or fire protection districts throughout the state at no cost to such entities pursuant to annual guidelines published by the division in the wildfire preparedness plan.(Note: This summary applies to this bill as enacted.)
The bill creates a pregnancy-based parking placard. The placard is available to a person during the last trimester of the person's pregnancy through the first 2 months after the person gives birth. The placard authorizes the person to park in reserved disability parking spaces. (Note: This summary applies to this bill as introduced.)
