The Colorado court of appeals has held that current law does not authorize counties to levy and collect a sales tax on retail marijuana and retail marijuana products in addition to any sales tax imposed by the state and the standard sales tax imposed by the county (special sales tax). Current law is also silent regarding the authority of a statutory municipality (municipality) to collect a special sales tax on retail marijuana and retail marijuana products. The bill authorizes counties and municipalities to levy, collect, and enforce a special sales tax on retail marijuana and retail marijuana products; except that a county may levy, collect, and enforce a special sales tax on retail marijuana and retail marijuana products only under the following circumstances: The county levies, collects, and enforces a special sales tax upon all sales of retail marijuana and retail marijuana products in the unincorporated areas of the county; The county levies, collects, and enforces a special sales tax upon all sales of retail marijuana and retail marijuana products in the municipalities within the county that do not levy a special sales tax on the sale of retail marijuana and retail marijuana products. The county special sales tax is authorized only until the municipality obtains voter approval for a special municipal tax on the sale of retail marijuana and retail marijuana products. After such time, any county special sales tax is invalid within the corporate boundaries of the municipality unless the county enters into an intergovernmental agreement with the municipality to allow the county to continue to levy, collect, and enforce the county's special sales tax. The governing body of any county and the governing body of any municipality within the boundaries of the county that levies a municipal special sales tax on the sale of retail marijuana and retail marijuana products enter into an intergovernmental agreement pertaining to the county's levy, collection, and enforcement of a special sales tax upon all sales of all retail marijuana and retail marijuana products. The intergovernmental agreement may include a provision for the apportionment of a specified percentage of the gross retail marijuana special sales tax revenue collected by the county to the municipality. The bill specifies that a county or a municipality may not levy a special sales tax under any circumstance until the proposed tax has been referred to and approved by the eligible electors of the county or municipality, as applicable. A county or municipality must refer the proposed tax to the eligible electors only on the date of the state general election, on the first Tuesday in November of an odd-numbered year, or, in the case of a municipality, on the date of a municipal biennial election. The bill specifies that if a county or municipality obtained voter approval prior to the effective date of the bill to levy, collect, and enforce a special sales tax upon the sale of retail marijuana and retail marijuana products, the tax is valid; except that, for a county, the tax is valid only so long as the county complies with the conditions specified in the bill. If the county levies, collects, and enforces such tax in a municipality that has already obtained voter approval to levy a special sales tax on the sale of retail marijuana and retail marijuana products, the county's special sales tax is invalid unless the county enters into an intergovernmental agreement with the municipality. Any special sales tax on retail marijuana and retail marijuana products shall not be collected, administered, or enforced by the department of revenue. Instead, such tax shall be collected, administered, and enforced by the county or municipality imposing the tax. A county or municipality in which the eligible electors have approved a special sales tax on the sale of retail marijuana and retail marijuana products may credit the revenues collected from the tax to the general fund of the county or municipality or to any special fund created in the county or municipality's treasury. The governing body of a county or municipality may use the revenues collected from the tax for any purpose as determined by the governing body of the county or municipality. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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The bill requires a residential landlord: To provide each tenant with a copy of a written rental agreement signed by the parties; Upon receiving any payment made in person by a tenant with cash or a money order, to contemporaneously provide the tenant with a receipt indicating the amount the tenant paid and the date of payment; and Upon receiving any payment with cash or money order that is not delivered in person by a tenant and if requested by a tenant, to provide the tenant with a receipt indicating the amount the tenant paid, the recipient, and the date of payment. This requirement does not apply if there is already an existing procedure that provides a tenant with a record of the payment received that indicates the amount the tenant paid, the recipient, and the date of payment. The landlord may provide the tenant with an electronic copy of the agreement or the receipt, unless the tenant requests a paper copy. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill changes the definition of 'salvage vehicle' to add another test of when an insurer determines the vehicle to be a total loss. The bill also adds theft damage as an exclusion to the types of damage that can cause a vehicle to be a salvage vehicle. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill changes the name of the 'legislative oversight committee concerning the treatment of persons with mental illness in the criminal and juvenile justice systems' to the 'legislative oversight committee concerning the treatment of persons with mental health disorders in the criminal and juvenile justice systems'. The bill makes a corresponding change to the associated task force and cash fund. The bill also modernizes terminology related to mental health disorders. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 1 of the bill clarifies that a charitable organization's registration with the secretary of state must be renewed on an annual basis if the charitable organization intends to solicit donations in Colorado, and an organization may not continue to solicit if it fails to renew its registration. The bill also requires an organization to update information in its registration within 30 days after any change. Sections 1 to 3 make consistent the requirements for affirmations and declarations required on various forms under the charitable solicitation laws so that these laws are consistent with the Multistate Registration and Filing Portal, Inc. Section 4 authorizes the secretary of state to promulgate rules providing for the withdrawal of an active registration by a charitable organization, professional fundraising consultant, or paid solicitor. Section 5 changes the time limit for a request for a hearing on the denial, suspension, or revocation of a registration from 5 days after receipt of notice of the action by the secretary of state to 30 days after the date of the notice. Section 6 deletes the requirement that an organization designate a registered agent for service of process and notices and substitutes a requirement that the organization provide an address of record. If no alternative address is provided, the address of the organization's principal place of business is its address of record. Section 7 specifies that if an organization fails to file its actual financial report to replace estimated financial reports, the organization is subject to statutory fines. Notice of the failure to file is deemed received if mailed twice to the organization's address of record and, if the organization has given the secretary of state an email address, sent twice to that email address. Section 7 also limits the penalties that can be assessed against a charitable organization that fails to both renew its registration and timely file a financial report in the same year. Section 8 makes the bill effective October 1, 2018.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law requires each principal department to review all of its rules, in accordance with a schedule established by the department of regulatory agencies (DORA), to assess, among other things, the continuing need and cost-effectiveness of each rule. The bill repeals the DORA schedule-setting and instead requires each department to complete or have completed, by November 1, 2018, an initial comprehensive internal rule review. Commencing in 2021, the bill imposes a triennial schedule for such reviews to be conducted. The bill further specifies that the public and certain state agencies must be accorded no fewer than 14 business days to provide input regarding an agency's rules during its review, and that any input received must be attached to the report setting forth the results of the rule reviews included in each agency's departmental regulatory agenda. Additionally, the bill encourages each principal department to undertake an annual review of rules to ensure that the rules conform to any federal or state laws enacted, or any federal or state rules promulgated, within the previous year. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, a conveyance by warranty deed carries the presumption that the grantor's interest in an adjoining vacated street, alley, or other right-of-way is included with the property whose legal description is contained in the deed. However, this presumption does not apply to other types of deeds or to a lease, mortgage, or other conveyance or encumbrance. The bill removes the language containing the presumption from the warranty deed statute and relocates it, with amendments, so as to broaden the application of the presumption of conveyance of an adjoining vacated right-of-way to include not only warranty deeds but also all forms of deeds, leases, and mortgages and other liens. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
In 2018, the division of motor vehicles (division) will be replacing its current computer system, known as the Colorado state titling and registration system (CSTARS), with a new computer system, known as Colorado driver's license, record, identification, and vehicle enterprise solution ( Colorado DRIVES). Several sections of the bill amend the statutes to replace CSTARS with Colorado DRIVES, including renaming the account associated with these programs. Currently, the statutes create a CSTARS advisory committee. Section 4 of the bill replaces the current advisory committee with a Colorado DRIVES county governance committee, which consists of the following 9 members: Two authorized agents (county clerks) from a category I or category II county; Two authorized agents from a category III or category IV county; Two authorized agents from a category V or category VI county; Two employees of the department of revenue; and One employee of the governor's office of information technology. The committee's duties are to: Approve the annual operation budget proposal; Fix the time when and place where meetings are held; and Establish subcommittees and working groups to report to the committee. Currently, county clerks and recorders are designated the 'authorized agents' of the department of revenue for vehicle titling and registration. The motor vehicle statutes use the phrase 'county clerk and recorder', and the equivalent in Denver and Broomfield, interchangeably with the phrase 'authorized agent'. Several sections of the bill define the term 'authorized agent' and replace the occurrences of 'county clerk and recorder' with 'authorized agent' to make the usage consistent. Section 2 of the bill authorizes the division to share driver's license and identification card images with the driver licensing agency of any other state. Section 3 clarifies that the authorized agent is responsible for title and registration documents until verified by the division, and the division is responsible for the documents digitally stored by the division. Current law excepts some classes of identification cards from expiring in the same manner as most cards, which is after 5 years. Sections 5 and 6 authorize county clerks to transfer money collected from motor vehicle transactions to the division via electronic funds transfer. Finally, several sections of the bill repeal obsolete provisions. Provisions of the bill that deposit money in the CSTARS account take effect on September 1, 2018. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)