Sen. Dominick Moreno

House Bill 19-1279, concerning the use of perfluoroalkyl and polyfluoroalkyl substances, requires manufacturers of class B firefighting foam that contains intentionally added polyfluoroalkyl substances to notify, in writing, sellers of their products about the state's new regulations of these products "no less than one year prior to the effective date of section 25-5-1303", which is impossible because the notice requirements did not exist prior to the bill's effective date on August 2, 2019. The act addresses this error by modifying the effective date of the required notice to prior to August 2, 2020. (Note: This summary applies to this bill as enacted.)

The act makes the following changes to the Colorado Revised Statutes, in accordance with the statutory charge of the statutory revision committee: Section 1 contains a nonstatutory legislative declaration reflecting the scope of the statutory revision committee as it applies to the bill; Sections 2-14 update incorrect references in statute related to the term "commitment", as used in the context of treatment and evaluation of mental health disorders, to the current language of "certification"; Sections 15-19 repeal subsections in title 43 that reference obsolete provisions or actions that have already occurred and are no longer relevant, including deleting references to the terms "motorscooter" and "motorbicycle", which were removed from statute by H.B. 09-1026; Sections 20-28 conform and update obsolete federal references for the definition of a "federally qualified health center"; Sections 29-32 update outdated references to the "Colorado tourism board" and replace them with the "Colorado tourism office" and repeal a reference to a one-time transfer to a now-defunct tourism promotion fund; Sections 33-38 repeal outdated and previously repealed references to the "pilot alternate protest procedure" in title 39; Sections 39-54 update, repeal, or correct miscellaneous references to programs, funds, boards or commissions, terminology, or other provisions in statute that conflict with current law; Sections 55-57 update references to the term "regional accountable entity" to the current language of "managed care entity; and Sections 58-60 repeal subsections in title 33 that reference obsolete or conflicting provisions or actions that have already occurred and are no longer relevant.(Note: This summary applies to this bill as enacted.)

The act repeals statutory language requiring the department of public health and environment (CDPHE) to provide prevention, intervention, and treatment services for youths since these functions were previously transferred from CDPHE to the department of human services. (Note: This summary applies to this bill as enacted.)

Under current law, the sales tax exemption for sales to residents of bordering states without retail sales taxes exempts from state sales tax all retail sales made within 20 miles of the Colorado border to residents of states that border Colorado and do not have a retail sales tax, so long as those residents are in Colorado for the primary purpose of making the purchase. The act repeals this exemption. (Note: This summary applies to this bill as enacted.)

Joint Budget Committee. The housing assistance for persons transitioning from the criminal or juvenile justice system cash fund (cash fund), which is administered by the division of housing in the department of local affairs (division), currently includes reversions from unspent general fund appropriations to the division of criminal justice. The bill repeals these reversions. and replaces it with money that the division receives from the department of corrections or the department of human services from amounts the general assembly appropriated to those departments for persons transitioning from the criminal or juvenile justice system. The bill also adds explicit authority for the general assembly to appropriate this money to the departments of corrections and human services. (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 repeals the definition of "alternative fuel" in the air quality control statutes because there is no longer any reference to the definition in those statutes and moves the definition to the statutes regarding the department of personnel's central state motor vehicle fleet system, where the defined term is used. Cross-references to the definition of "alternative fuel" are updated to refer to the statute to which the definition is moved. (Note: This summary applies to this bill as enacted.)

Under current law, the pre-1987 net operating loss deduction for individuals, estates, and trusts allows individuals, estates, and trusts to deduct Colorado net operating losses carried forward from tax years beginning prior to January 1, 1987, from their federal taxable income when computing their Colorado taxable income. But the latest year that an individual, estate, or trust could have used the pre-1987 net operating loss deduction and carried forward a net operating loss generated in 1987 was 2002. The act repeals the deduction. The act applies to income tax years tax beginning on or after January 1, 2021. (Note: This summary applies to this bill as enacted.)

Under current law, the sales tax exemption for long-term lodging exempts stays of 30 days or more at hotels, apartment hotels, lodging houses, motor hotels, guesthouses, guest ranches, trailer coaches, mobile homes, auto camps, or trailer courts and parks from the state sales tax on lodgings. The act limits this exemption so it only applies to natural persons. The act applies to sales tax levied on or after January 1, 2021. (Note: This summary applies to this bill as enacted.)

The act requires the state treasurer to transfer $7,466,648 from the general fund to the information technology capital account within the capital construction fund on April 1, 2020. (Note: This summary applies to this bill as enacted.)

The 2019 general appropriation act is amended to balance and make adjustments to the total amount appropriated to the department of personnel. The general funds and reappropriated funds portions of the appropriation are increased and cash funds portion is decreased, resulting in a decrease in the amount appropriated to the department. Appropriations made in Senate Bill 19-135, concerning methods to determine whether disparities involving certain historically underutilized businesses exist within the state procurement process, are amended to clarify that the money appropriated is for personal services. (Note: This summary applies to this bill as enacted.)