The act prohibits a common interest community's unit owners' association from regulating the use of a public right-of-way. (Note: This summary applies to this bill as enacted.)
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 authorizes a postsecondary institution to refuse to provide a transcript or diploma to a current or former student on the grounds that the student owes a debt for tuition, room and board fees, or financial aid funds, unless the student owes a debt other than a debt for tuition, room and board fees, or financial aid funds, or if the student can demonstrate that the transcript or diploma is needed for certain purposes. If a postsecondary institution provides a transcript or diploma to a current or former student, the act prohibits the postsecondary institution from: Conditioning the provision of a transcript or diploma on the payment of a debt, other than a fee charged to provide the transcript or diploma; Charging a higher fee to obtain a transcript or diploma or providing less favorable treatment in response to a transcript or diploma request because a current or former student owes a debt; or Using transcript or diploma issuance as a tool for debt collection. The act requires each postsecondary institution to adopt a policy that outlines the process by which a student may obtain a transcript or diploma and the circumstances under which a transcript or diploma may be withheld from a current or former student. Beginning July 1, 2024, the act requires each postsecondary institution to annually report certain information to the department of higher education concerning transcript, diploma, and registration holds. The act authorizes the student loan ombudsperson (ombudsperson) to provide information to the public regarding the limits on withholding a transcript or diploma and authorizes the ombudsperson and the administrator of the "Uniform Consumer Credit Code" (administrator) to receive complaints from a current or former student who has had a transcript or diploma withheld. Beginning January 2025, the act requires the attorney general's office to compile data on the complaints received by the ombudsperson and the administrator concerning transcript and diploma holds and report the data through the annual SMART act hearing. (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.)
Under the "Fair Campaign Practices Act" ("FCPA"), the candidate committees of candidates for statewide offices must submit a post-election report disclosing contributions and expenditures 30 days after the major election in election years. The committees of candidates for county, special district, and municipal offices must submit a post-election report 30 days after the primary election, where applicable, and 30 days after the major election in election years. Under the public official disclosure law ("PODL"), elected candidates and incumbents are required to file a personal financial disclosure statement and an annual update to the personal financial disclosure statement. Under the FCPA, candidates are required to file a disclosure statement. The act changes the post-election report filing deadline from 30 days to 35 days and exempts a political party committee from the requirement of filing a report of a major contribution during an off-election year. The act exempts candidates seeking reelection who have filed their annual update to the personal financial disclosure statement under the PODL from the requirement of filing a disclosure statement under the FCPA. The act further clarifies that an incumbent seeking reelection who files an annual update to the personal financial disclosure statement under the PODL is exempt from the requirement of filing a disclosure statement under the FCPA. (Note: This summary applies to this bill as enacted.)
The act: Allows transmission providers to enter into contracts with public entities or private landowners to construct and maintain public recreational trails (powerline trails) covering a tract of land where transmission lines are or will be constructed (transmission corridor); Requires a public entity to coordinate with the division of parks and wildlife in the design and construction of a powerline trail to minimize adverse impacts to state and federally listed species and species and habitats of conservation concern; Requires a public entity to consider any issues unique to an area of significant rural character prior to constructing a powerline trail in the area; Requires transmission providers to develop and maintain informational resources to encourage the construction of new powerline trails; Requires a transmission provider, when siting or expanding a transmission line, to notify local governments of the potential for a powerline trail in the associated transmission corridor; Requires a transmission provider, when applying for a permit with a local government to develop in an area of state interest, to demonstrate compliance with the requirement to notify local governments of the potential for a powerline trail and to develop and maintain informational resources encouraging construction of new powerline trails; Requires the public utilities commission to amend its rules to also require electric public utilities in the state to consider plans for the construction of new powerline trails and with the requirement to develop and maintain informational resources on powerline trails; Requires the Colorado electric transmission authority (CETA) to arrange for the continuation of any existing powerline trail contracts before entering into a project or divesting a facility; and Requires the CETA to give priority for project solicitations to electric utilities and other entities that demonstrate an interest in continuing or creating a powerline trail.(Note: This summary applies to this bill as enacted.)
Under current law, a vacancy in the office of many political officials is filled by a vacancy committee. A vacancy committee is selected by the relevant central committee. The act requires central committees to include at least all of the members of the relevant central committee on a vacancy committee. (Note: This summary applies to this bill as enacted.)
Sections 1 and 4 of the act allow a board of directors of an irrigation district (board) to borrow money, which the irrigation district may use to make loans to landowners to be used to make improvements to private water delivery systems or for other types of projects that improve: Water conservation or efficiencies on landowner property; or Landowner delivery or drainage systems. An obligation or contract to borrow such money is exempt from the existing requirement that a contract purporting to bind the district to pay a certain sum must be ratified by a certain number of district voters. Additionally, the district cannot assess landowners to raise money to fund the loans. In case of default in the payment of any loan installment, the county treasurer may assess upon the eligible real property a tax lien for the payment of the whole of the unpaid installment but is prohibited from assessing a tax lien for the entire value of the landowner's portion of the irrigation loan issued by the water district. Sections 2 and 5 require each irrigation district to include in its annual appropriation resolution: The amount needed to meet loan obligations; All amounts payable by landowners to the irrigation district in accordance with loans issued to the landowners; and The amount payable by each tract within the irrigation district for which a landowner has received a loan. Sections 3 and 6 state that the county treasurer will receive $5 per tract assessed for loans issued to landowners by an irrigation district, and this $5 will be assessed against each participating tract. (Note: This summary applies to this bill as enacted.)
The act allows a Colorado resident who is a student enrolled in an institution of higher education outside the state of Colorado the right to postpone jury duty for not more than 12 months. (Note: This summary applies to this bill as enacted.)
Colorado Commission on Uniform State Laws. The bill enacts the "Uniform Restrictive Employment Agreement Act" as drafted by the Uniform Law Commission, which regulates agreements between an employer and a worker or employee that prohibit or limit the worker or employee from working after the work relationship with the employer ends. The bill: Regulates all restrictive post-employment agreements, including noncompete agreements, confidentiality agreements, no-business agreements, nonsolicitation agreements, no-recruit agreements, payment-for-competition agreements, and training reimbursements agreements; Prohibits noncompete agreements and all other restrictive agreements, except confidentiality agreements and training-reimbursement agreements, for low-wage workers, defined as those making less than the state's annual mean wage; Requires advance notice and other procedural requirements for an enforceable noncompete agreement or other restrictive agreement; and Creates penalties and enforcement by the state as well as private rights of action.(Note: This summary applies to this bill as introduced.)
