Sen. Marc Snyder

Current law allows a state income tax deduction for payments made under a qualified state tuition program equal to a maximum of $20,000 for a taxpayer who files an individual income tax return and $30,000 for 2 married taxpayers who file a joint income tax return. The bill increases to $40,000 the maximum deduction for married taxpayers who file a joint income tax return.(Note: This summary applies to this bill as introduced.)

The bill makes it a level 1 drug felony if a person sells, dispenses, distributes, or otherwise transfers any quantity of a controlled substance or any material, compound, mixture, or preparation that contains any amount of a schedule I or II controlled substance and the sale, dispensing, distribution, or transfer is the proximate cause of the death of another person who used or consumed the controlled substance material, compound, mixture, or preparation. It is not a violation if the violation involves distribution or transfer of the controlled substance if the distribution or transfer is done without remuneration and is for the purpose of consuming all of the controlled substance with another person or persons at a time substantially contemporaneous with the transfer and the distribution or transfer involves not more than 4 grams of a schedule I or II controlled substance; not more than 2 grams of methamphetamine, heroin, ketamine, or cathinones; or not more than one gram of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof. For a violation of unlawful distribution, manufacturing, dispensing, or sale of the material, compound, mixture, or preparation that weighs more than 225 grams and contains a schedule I or schedule II controlled substance; more than 112 grams and contains methamphetamine, heroin, ketamine, or cathinones; more than50 milligrams and contains flunitrazepam; or more than 50 grams and contains fentanyl, cargentanil, benzimidazole opiate, or an analog thereof that is not a level 1 drug felony, the bill requires, if the court sentences the defendant to incarceration, a mandatory minimum sentence of at least midpoint but no more than the maximum of the sentencing range. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The act incorporates the 2022 amendments to the "Uniform Commercial Code" (UCC), drafted by the Uniform Law Commission. The 2022 amendments update the UCC to account for emerging technologies by: Amending the definitions of "conspicuous", "send", and "sign"; Adding the definition of "electronic"; and Changing current references to "writing" or "written" to refer instead to a "record". The 2022 amendments update the provisions of the UCC related to secured transactions by: Addressing security interests and rights to payment related to controllable electronic records; Specifying how to perfect security interests in controllable accounts and controllable payment intangibles; Updating the definition of "chattel paper" to distinguish between a right to payment and the record evidencing the right to payment; Creating a new definition of "assignee" and "assignor". The act creates a new article within the UCC that governs controllable electronic records, including the transfer of property rights in certain intangible digital assets that have been or may be created and may involve the use of new technologies. The act provides guidance for which laws apply during the transition from the current UCC to the UCC as amended by the act. APPROVED by Governor May 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act implements the recommendations of the department of regulatory agencies, as contained in the department's sunset review of the issuance of private letter rulings (rulings) and information letters (letters) by the department of revenue, as follows: Continues the issuance of rulings and letters by the department of revenue and removes the issuance of rulings and letters from the sunset review process; Allows the department of revenue to extend the 90-day deadline to issue a ruling if the taxpayer agrees to the extension; and Allows the department of revenue to issue letters and rulings for any issue related to a tax or fee administered by the department of revenue. For the 2023-24 fiscal year, the act appropriates $53,644 from the private letter ruling fund to the department of revenue for use by the taxation business group for personal services related to taxation services. APPROVED by Governor May 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

Colorado Commission on Uniform State Laws. The bill enacts the "Uniform Family Law Arbitration Act" as drafted by the Uniform Law Commission, which authorizes the use of arbitration in domestic relations cases. The bill: Establishes qualifications, duties, and authority of arbitrators; and Specifies on what grounds and how a party may ask a court to confirm, modify, or vacate an award by an arbitrator.(Note: This summary applies to this bill as introduced.)

Colorado law requires a powersports vehicle dealer or a used powersports vehicle dealer to maintain a principal place of business. The act clarifies that the following activities are not a violation of this requirement: Delivering a powersports vehicle to a customer for a test drive at a location that is away from the dealer's principal place of business; Delivering documents for a customer to sign or delivering documents to, or obtaining documents from, a customer at a location that is away from the dealer's principal place of business; or Delivering a powersports vehicle to a customer at a location that is away from the dealer's principal place of business. APPROVED by Governor March 31, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act repeals and reenacts the "Uniform Community Property Disposition at Death Act." The act applies to community property acquired by spouses while domiciled in a community property jurisdiction and makes clear that if the spouses partition or reclassify their community property or waive rights under the act, the act no longer applies to that property. The act creates a rebuttable presumption that all property acquired by spouses when domiciled in a jurisdiction where community property could be acquired is presumed to be community property. The act provides that upon the death of one community property spouse, half of the property the spouses purchased together belongs to the decedent and the other half to the surviving community property spouse. The act allows a court to recognize reimbursement rights and rights of redress in response to certain bad faith actions by one community property spouse that might impair the rights of the other community property spouse. APPROVED by Governor March 23, 2023 EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)

A vehicle value protection agreement (agreement) is a contract that provides benefits when an owner of a vehicle replaces the vehicle at trade-in, when the vehicle is stolen, or after an adverse event that lowers the value of the vehicle. An agreement that complies with the act is not insurance and is not subject to regulation as insurance. A person who provides an agreement (provider) is prohibited from conditioning the extension of credit, the terms of credit, or the terms of a vehicle sale or lease upon the purchase of an agreement. To be issued, an agreement must: Provide a benefit to the consumer upon the trade-in, total loss, or unrecovered theft of a covered vehicle; Identify the administrator or provider, the seller, the consumer, and the terms of the sale; Guarantee the provider's obligations by an insurance policy; and Notify the consumer of the agreement's terms, including cancellation terms. To cancel an agreement, the provider must mail a notice to the consumer at least 5 days prior to cancellation. However, if the reason for the cancellation is nonpayment, a material misrepresentation, or a substantial breach of duties by the consumer, the cancellation takes effect immediately upon transmission of the notice of cancellation. If an agreement is canceled by the provider for a reason other than nonpayment of the provider fee, the provider is required to make a refund minus actual paid benefits, but the provider may charge a reasonable administrative fee of up to $75. The provider is required to guarantee the provider's obligations by an insurance policy, which must provide that: The insurer will pay all covered amounts if the provider fails to perform its obligations under the agreement; and The consumer may file a claim directly with the insurer for reimbursement. APPROVED by Governor March 23, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act authorizes the executive director of the department of revenue (state licensing authority), pursuant to standards and processes that the state licensing authority establishes by rule, to: Issue an administrative hold on the movement of medical or retail marijuana pending an investigation; Embargo medical or retail marijuana when the state licensing authority finds objective and reasonable grounds to believe that the health, safety, or welfare of the public imperatively requires emergency action; and Order the destruction of embargoed medical or retail marijuana after notice and opportunity for a hearing. APPROVED by Governor March 23, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The bill expands the wildfire mitigation resources and best practices grant program to allow grant recipients to expend grant money on programs, education, and resources for ways in which houses located in areas of the state at high risk of wildfires may be built, rebuilt, or improved to make such houses more resilient to the risks posed by wildfires and requires the Colorado state forest service to promote the benefits of adopting the ways in which houses can be made more wildfire resilient.(Note: This summary applies to this bill as introduced.)