Sen. Cathy Kipp

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. If the registered electors of the state approve the bill at the November 2022 general election, the entire state will be exempt from observing daylight saving time in the future, beginning in 2023, and MST will be the year-round standard time in the state.(Note: This summary applies to this bill as introduced.)

The act implements the recommendation of the department of regulatory agencies in its sunset review and report on the second chance scholarship program by repealing the program. (Note: This summary applies to this bill as enacted.)

In order to enable the streamlining of the imposition, collection, and administration of sales and use taxes imposed by local taxing jurisdictions on retail sales made by retailers that have a state standard retail license and either do not have physical presence within a local taxing jurisdiction or have only incidental physical presence within a local taxing jurisdiction through the streamlining of application requirements for and elimination of fees for local general business licenses, the act requires the department of revenue (department) to require sufficient information to be collected from such a retailer, when the retailer applies for or renews a state standard retail business license through the state's electronic sales and use tax simplification system (SUTS) or by other means or at any other time to the extent necessary, and made available to local taxing jurisdictions to ensure that concerns of local taxing jurisdictions, including but not limited to concerns relating to administrative efficiency, retailer compliance, and collection of sales and use tax revenue, are addressed. The department is required to consult with local taxing jurisdictions when determining what information to collect and how to make the information collected available to local taxing jurisdictions. The department is also required to consult with retailers and to address any reasonable concerns that they may have. The department is required to accomplish these tasks expeditiously so that no later than July 1, 2023, and sooner if feasible, a retailer that has a state standard retail license and either does not have physical presence within a local taxing jurisdiction or has only incidental physical presence can make retail sales within the local taxing jurisdiction without having to obtain a general business license from the local taxing jurisdiction. On and after July 1, 2022, a local taxing jurisdiction is prohibited from charging a fee for a local general business license to a retailer that has a state standard retail license, makes retail sales within the local taxing jurisdiction, and either does not have physical presence within the local taxing jurisdiction or has only incidental physical presence within the local taxing jurisdiction. On and after July 1, 2023, a local taxing jurisdiction is prohibited from requiring such a retailer to apply separately to the local taxing jurisdiction for a general business license. A local taxing jurisdiction must automatically issue a general business license to such a retailer unless the local taxing jurisdiction has previously revoked a general business license held by the retailer for a violation of its local code. For the 2022-23 state fiscal year, $2,100 is appropriated to the department for use by the taxation services division to implement the act. (Note: This summary applies to this bill as enacted.)

A child welfare appeals workgroup was established in the state judicial department that made recommendations for changes in 2021. The act requires the child welfare appeals workgroup to monitor those changes, study changes to the child welfare appeals system, and submit reports in January 2023 and July 2024. The act requires the district court to make written orders within 35 days after a hearing. (Note: This summary applies to this bill as enacted.)

For some, but not all, exemptions from state and state-collected local sales and use taxes, a person who wishes to establish the right to obtain an exemption is either explicitly required by state law or required by the department of revenue (department) as it administers and enforces state law to complete a form created by the department, which, depending on which exemption is sought, may be described as an affidavit, application, certificate, certification, declaration, or statement. The act requires the department to examine its forms and requirements relating to their use and, to the extent feasible without impairing the proper administration of the exemptions, simplify the forms and related requirements for persons making tax-exempt purchases. Exceptions to existing statutory requirements relating to the forms are made for any simplifications made by the department. (Note: This summary applies to this bill as enacted.)

Under current law, a neighborhood youth organization (NYO) serves youth as young as 6 years of age and as old as 18 years of age. The act lowers the minimum age of a youth member to 5 years of age if the youth is in kindergarten. The act permits an NYO to create an electronic or written process to record the daily arrival and departure times of youth members in order to track attendance, assess the impact of programs and services on youth members, and ensure an NYO operates in the best interest and safety of youth members. The act requires each NYO to maintain a complete set of records for youth members and personnel. Each neighborhood youth organization is required to maintain the confidentiality of certain records that are not subject to review by the public. Records concerning the licensing of an NYO's facilities and agencies are open to the public and a person who wishes to review a record must submit a written request to the department of human services. The act requires that an NYO's programs and services must occur primarily in a facility the NYO leases or owns or has been granted use of or access to. The act requires an NYO to offer programs and services that are evidence- or research-based, age-appropriate, and foster supportive relationships with peers and adults while offering character and leadership development, academic supports, job skills training, behavioral health supports, health and nutrition services, and other critical resources and services that a community identifies as necessary. An NYO serves all children, youth, and families, but with a focus on programs and services that ensure affordable access for low-income populations. (Note: This summary applies to this bill as enacted.)

The bill clarifies the purposes of licensed educator performance evaluations. The bill directs the state board of education (state board) to adopt rules as necessary to ensure that: Beginning in the 2022-23 school year, student academic growth is considered, without a percentage, along with the quality standards as part of a comprehensive evaluation of a teacher's or principal's performance; and Student assessment scores may be used collectively at a particular grade level or the school-building level solely for specified purposes, and collective measures may not be used beyond the school level. The bill specifies the measures a school district or board of cooperative services may consider in determining student academic growth for purposes of evaluating teacher performance. (Note: This summary applies to this bill as introduced.)

The bill implements a number of measures to protect pollinators and people throughout the state. Section 1 of the bill makes legislative findings.Section 2 restricts the use of pesticides on the grounds of a school, preschool program, child care center, or children's resident camp and requires that notification be sent when a pesticide is used at such a location. The executive director of the department of public health and environment may adopt rules to implement section 2.Section 3 requires the executive director of the department of natural resources or the executive director's designee (DNR executive director) to conduct a study on how to address pollinator decline and increase pollinator health in the state. In conducting the study, the DNR executive director shall consult with other state agencies and with scientists with expertise in pollinator health, ecological processes, biodiversity, native plants, and ecological land management. The DNR executive director shall submit a report of the study to the general assembly and the governor on or before January 1, 2024.Section 4 creates a pilot grant program in the department of agriculture to provide financial grants to agricultural producers to test the use of noncoated seed-applied systemic insecticide on their crops.Sections 5 and 6 require the commissioner of agriculture to adopt rules designating as restricted-use certain pesticides that contain an active ingredient belonging to the neonicotinoid class of insecticides or the sulfoxomine class of insecticides, but allowing the use of such pesticides in pet care, personal care, wood preservatives, and indoor pest-control products and products used on golf courses. The commissioner's rules will not affect the use of the restricted-use pesticides for agricultural purposes.Sections 7 through 10 authorize local governments to regulate pesticide use and remove certain preemptions regarding local government regulation of pesticide use.(Note: This summary applies to this bill as introduced.)

State sales tax is currently calculated based on the buyer's address when the taxable product or service is delivered to a consumer, and this is known as destination sourcing. There is an exception that allows small retailers with less than $100,000 of retail sales to source their sales to the business' location regardless of where a purchaser receives the tangible personal property or service. The act extends the repeal of this exception from February 1, 2022, until October 1, 2022. (Note: This summary applies to this bill as enacted.)

The act states that, in addition to any other right to revoke an offer, a buyer has the right to cancel a dating service contract until midnight of the third business day after the day on which the buyer signs the contract.A dating service contract must be set forth in writing, which, in the case of an online dating service contract, may be an electronic writing made available for viewing online. Each dating service contract must contain on its face, in close proximity to the space reserved for the signature of the buyer, a conspicuous statement concerning the buyer's right to cancel the contract.A dating service contract may not require payments or financing by the buyer over a period exceeding 2 years after the date the contract is entered into, nor may the term of any such contract be measured by the life of the buyer.Each dating service contract must contain language providing that:If by reason of death or disability the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, so long as the buyer or the buyer's estate provides written verification of the death or disability to the dating service; If the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer or the buyer's representative; and If the physician verifying the buyer's disability determines that the duration of the disability will be less than 6 months, the dating service may extend the term of the contract for a period of 6 months at no additional charge to the buyer in lieu of cancellation. If a dating service provides services within a limited geographical area, and a buyer relocates the buyer's primary residence more than 50 miles from the dating service office and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to the relocation, and if the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer.An online dating service shall provide notice to all of its members in this state who the online dating service knows have previously received and responded to an on-site message from a banned member. The notice must include certain information concerning the banned member and how to avoid online fraud.A person that offers an automatic renewal contract to a consumer in this state must:Present the terms in a clear and conspicuous manner; Ensure that any online link that is presented as part of an offer of an automatic renewal contract and directs a consumer to detailed information about the automatic renewal contract is available before a consumer elects to purchase any good or service subject to the automatic renewal contract, appears directly adjacent to any online link used by the consumer to purchase any good or service subject to the automatic renewal contract, and is labeled with, or is directly adjacent to, a clear and conspicuous disclosure that states that by purchasing the good or service, the consumer agrees to enroll in an automatic renewal contract; Provide the consumer a written acknowledgment that includes the contract terms, the cancellation policy, and information regarding how to cancel; and Provide a simple, cost-effective, timely, and easy-to-use mechanism for canceling the contract or, if applicable, a trial-period offer. A person that sells a good or service to a consumer pursuant to an automatic renewal contract must notify the consumer that the automatic renewal contract will automatically renew unless the consumer cancels the contract. A notice must be provided at least 25 but not more than 40 days before the first automatic renewal and at least 25 but not more than 40 days before each subsequent automatic renewal.The act exempts certain persons from the new provisions concerning automatic renewal contract s.(Note: This summary applies to this bill as enacted.)