Sen. Owen Hill

The total tax on tobacco products is 40% of the manufacturer's list price, which is based on a manufacturer's or supplier's invoice price to a distributor. The bill permits a distributor to use the price that the tobacco product is sold to the first importer of record or first manufacturer of record as the manufacturer's list price, if the distributor is able to provide the department of revenue with evidence of this price. (Note: This summary applies to this bill as introduced.)

The bill states that when the governing documents of a common interest community require mediation or arbitration of a construction defect claim and the requirement is later amended or removed, mediation or arbitration is still required for a construction defect claim. These provisions are in section 3 of the bill. Section 3 also specifies that the mediation or arbitration must take place in the judicial district in which the community is located and that the arbitrator must: Be a neutral third party; Make certain disclosures before being selected; and Be selected as specified in the common interest community's governing documents or, if not so specified, in accordance with applicable state or federal laws governing mediation or arbitration. Section 1 of the bill specifies that, in the arbitration of a construction defect action, the arbitrator is required to follow the substantive law of Colorado with regard to any applicable claim or defense and any remedy granted, and a failure to do so is grounds for a district court to vacate or refuse to confirm the arbitrator's award. Section 4 of the bill requires that, before a construction defect claim is filed on behalf of the association: The parties must submit the matter to mediation before a neutral third party; and The board must give advance notice to all unit owners, together with a disclosure of the projected costs, duration, and financial impact of the construction defect claim, and must obtain the written consent of the owners of units to which at least a majority of the votes in the association are allocated. Section 5 of the bill adds to the disclosures required prior to the purchase and sale of property in a common interest community a notice that the community's governing documents may require binding arbitration of certain disputes.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Sunset Process - Senate Education Committee. The bill implements the recommendation of the department of regulatory agencies to continue the education data advisory committee.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The 'Colorado Regional Tourism Act' includes a process by which one or more local governments may undertake a regional tourism project (project), create a regional tourism zone in which the project will be built, and create a regional tourism authority to use tax increment financing based on state sales tax revenue to finance eligible improvements related to the project. Currently, once a project has been approved, there is not a process to allow a local government to request and the Colorado economic development commission (commission) to approve a modification to the components of the project. The bill allows a local government that is a participant in an approved project to apply to the commission to modify the project if the local government determines that a planned project component is no longer viable or that the new component will increase the number of out-of-state tourists visiting the project or net new revenue generated by the project. A local government must submit an application to modify an approved project to the Colorado office of economic development (office) for initial review prior to the commencement of substantial work on the project component that will be replaced. The local government is required to include certain information in the proposal but is not required to provide any information that was in the original application and that remains unchanged. The application must include an economic analysis that details whether the modified project meets the requirements specified in law and in guidelines established by the office. The office is required to review and forward an application for a modification of a project to the commission with a recommendation that the commission approve the application, deny it, or approve it with conditions. The commission is required approve the application unless the modified project no longer meets the criteria for a project established in law. The commission may amend its original award, including the percentage of sales tax increment that is awarded and the total cumulative dollar amount to be awarded if specifically impacted by the new component, but may not increase the total cumulative dollar amount of the award beyond that which was previously awarded. If the application for a modification is approved, the commission is required to modify the resolution it adopted when it approved the original application as necessary to conform the resolution to the modified project. (Note: This summary applies to this bill as introduced.)

Section 1 of the bill defines 3 classes of electrical assisted bicycle, depending on their top speed and whether the electric motor assists in propulsion only while the rider is pedaling or propels the bicycle independently. Sections 2 and 3 make technical and conforming amendments. Section 4 requires manufacturers to label electrical assisted bicycles as class 1, class 2, or class 3, as appropriate, and prohibits a person from modifying an electrical assisted bicycle without also relabeling it to accurately reflect its classification. Section 4 also requires all electrical assisted bicycles to comply with federal consumer product safety commission (CPSC) requirements and specified classes of electrical assisted bicycles to be equipped with appropriate braking systems and speedometers. Section 5 : Gives local governments the authority to allow or prohibit the use of specified classes of electrical assisted bicycles on pedestrian paths and bike paths; Prohibits a person under the age of 16 from riding a class 3 electrical assisted bicycle except as a passenger; For class 3 electrical assisted bicycles, requires all riders under 18 to wear a helmet certified by the CPSC or the American Society for Testing Materials; and Specifies that noncompliance with the helmet law does not constitute negligence or negligence per se in a lawsuit seeking damages.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill legalizes the possession of a gravity knife or switchblade knife by removing such knives from the definition of 'illegal weapon'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

For elections conducted under both the 'Uniform Election Code of 1992' (uniform code) and the 'Municipal Election Code of 1965' (municipal code), an elector who shows his or her ballot after it is prepared for voting in such a way as to reveal its contents, commonly known and referred to as a 'ballot selfie', is subject to a criminal misdemeanor penalty. Section 1 of the bill modifies the ballot selfie prohibition in the uniform code. Specifically, section 1 deletes existing language prohibiting a voter from showing his ballot after it is prepared for voting to any person in such a way as to reveal its contents. Under the bill, any voter may show his or her voted ballot to any other person as long as the disclosure is not undertaken in furtherance of any election violation proscribed in the uniform code. The bill further provides that any voter makes available an image of the voter's own ballot through electronic means after it is prepared for voting is deemed to have consented to the transmittal of that image. The ability of a voter to exercise such right at a voter service and polling center (VSPC) or at any other location at which votes are being tabulated is subject to the power of a county clerk and recorder to monitor activity at such VSPC or other location, including placing reasonable restrictions on the use of photography in such settings or imposing other restrictions on activity in such settings as the county clerk and recorder finds necessary, to ensure the fair and efficient conduct of elections. Section 2 of the bill makes parallel modifications to the municipal code as section 1 of the bill makes to the uniform code regarding ballot selfie requirements.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)