Sen. Marc Snyder

The act authorizes a school district board of education to establish a scholarship program for graduates of the school district. The scholarships must be paid from additional mill levy revenue that the school district is authorized to collect; gifts, grants, and donations; or both. A school district board of education that establishes a scholarship program is encouraged to prioritize low-income and first-generation students and limit the allowable uses of scholarship money.(Note: This summary applies to this bill as enacted.)

The bill allows a retailer to advertise, directly or indirectly, or imply, that the retailer will absorb or pay any or all sales or use tax on purchases of tangible personal property or services sold. (Note: This summary applies to this bill as introduced.)

The act enacts the "Uniform Collaborative Law Act". The act authorizes a collaborative law process for proceedings arising under family or domestic relations law whereby disputes are resolved without intervention by a court or other tribunal. The act specifies the requirements for a collaborative law participation agreement, including that both sides be represented and advised by collaborative law lawyers, and that communications made during the collaborative law process are confidential and may not be used in later proceedings except in specified situations.(Note: This summary applies to this bill as enacted.)

The act repeals the "Uniform Principal and Income Act" and replaces it with the "Uniform Fiduciary Income and Principal Act" (UFIPA), as drafted by the Uniform Law Commission, with Colorado-specific amendments.The UFIPA includes provisions concerning:Duties of fiduciaries; Judicial review of fiduciaries; Trusts in which the beneficiary receives a periodic payout of a percentage of the net value of trust assets, known as "unitrusts"; Allocation of trust receipts and disbursements; and Procedures followed at the termination of a trust or an income interest in a trust.(Note: This summary applies to this bill as enacted.)

The act states that a domestic stock insurer (dividing insurer) may divide into 2 or more resulting insurers pursuant to a plan of division. A plan of division must include:The name of the dividing insurer; The name of each resulting insurer created by the proposed division and, for each resulting insurer, a copy of proposed articles of incorporation and proposed bylaws; The manner of allocating assets and liabilities, including policy liabilities, between or among all resulting insurers; The manner of distributing shares in the resulting insurers to the dividing insurer or the dividing insurer's shareholders; A reasonable description of all liabilities and all assets that the dividing insurer proposes to allocate to each resulting insurer, including the manner by which the dividing insurer proposes to allocate all reinsurance contracts; All terms and conditions required by the laws of this state and the articles of incorporation and bylaws of the dividing insurer; and All other terms and conditions required by the division. A plan of division must include additional provisions, the nature of which depends on whether the dividing insurer will survive the division.A dividing insurer shall file a plan of division with the commissioner of insurance (commissioner) only after the plan of division has been approved in accordance with all provisions of the dividing insurer's articles of incorporation and bylaws. The commissioner shall approve the plan of division if, after considering certain criteria, the commissioner finds that certain requirements are met. If the commissioner approves a plan of division, an officer or duly authorized representative of the dividing insurer shall sign a certificate of division that sets forth certain information concerning the division.The act establishes procedures for amending and abandoning plans of division.The act provides for the protection of confidential information, documents, and materials that are submitted to, obtained by, or disclosed to the commissioner in connection with a plan of division or in contemplation of a plan of division.For the 2021-22 state fiscal year, the act appropriates $10,729 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance to implement the act.(Note: This summary applies to this bill as enacted.)

The act makes the following changes to the local government and special district election codes:Revises statutory citations to clarify that the Colorado local government election code is the portion of the election code applicable to special district elections; Provides additional statutory citations to specify all instances in which a county assessor provides a list of property owners for an election; Clarifies that, when computing time for any designated period of days for a local government election, the first day from which the period of days runs is excluded and the last day from which the period of days runs is included; Specifies that the candidate self-nomination form for special district elections must contain the county where the special district is located; Clarifies that a candidate's and witness's respective addresses and telephone numbers and a candidate's current e-mail address need to be provided but do not need to be printed by the candidate and witness on the self-nomination form for special district elections; Clarifies the procedures for reviewing and verifying a self-nomination form and curing any insufficiencies; and Clarifies that local government ballots may be automatically sent to eligible electors who are qualified under contracts to purchase taxable property. The board of directors of a special district currently consists of 5 or 7 directors elected at large. The act provides a process for dividing a special district into separate director districts and for members to be elected from each director district at large or by the electors within each director district.(Note: This summary applies to this bill as enacted.)

Under existing law, a declaration made pursuant to the "Colorado Medical Treatment Decision Act" must be signed in the presence of 2 witnesses. The act permits the declaration to be witnessed, as described in existing law, or acknowledged before a notary public or other individual authorized by law to take acknowledgments.A donor may make an anatomical gift by a donor card or other record signed by the donor. If the donor is physically unable to sign a record, the record may be signed by another individual at the direction of the donor and be witnessed by at least 2 adults, at least one of whom is a disinterested witness. The act permits the record of a person unable to sign to be witnessed, as described in existing law, or acknowledged before a notary public or other individual authorized by law to take acknowledgments.(Note: This summary applies to this bill as enacted.)

Under current law, a retail marijuana store licensee may have a marijuana delivery permit associated with its store license. The bill requires the store to be open at least 5 days a week and at least 5 hours a day to have a delivery permit. The bill limits delivery sales to only retail marijuana, retail marijuana products, or branded merchandise that is available for sale from the retail marijuana store and requires the prices to be the same as the in-store price. The bill prohibits an online platform from holding pre-paid accounts for a licensed retail marijuana store. The bill waives the licensing fee for a transporter applicant who is a social equity licensee. The bill prohibits a medical or retail marijuana business operator from engaging in the delivery of regulated marijuana. (Note: This summary applies to this bill as introduced.)

Current law states that a common paymaster is not a single employing unit for purposes of considering the services performed by another employing unit subject to a single or common payroll. The act creates an exception for an employee leasing company or other employing entity that is owned by one or more persons who have a medical or retail marijuana license and who own at least 50% of an entity that shares the employee leasing company's or other employing entity's services. The employee leasing company or other employing entity is not considered a common paymaster for the purposes of the "Colorado Employment Security Act".(Note: This summary applies to this bill as enacted.)

The act enacts the softbound volumes of the Colorado Revised Statutes 2020, the 2020 Colorado Special Supplement of Voter Approved Changes, and the 2020 Colorado Special Session Supplement as the positive and statutory law of the state of Colorado and establishes the effective date of said publication.(Note: This summary applies to this bill as enacted.)