Alcohol beverages - fermented malt beverage licenses - sale for consumption on and off the licensed premises - continued availability in rural areas. Recent legislation (Senate Bill 18-243, concerning the retail sale of alcohol beverages) terminated the licensing of retailers to sell fermented malt beverages (formerly known as "3.2 beer" but now including all beer) for consumption on and off a licensed premises as of June 4, 2018, requiring the holder of such a license to combine its renewal application with an application to convert the license into either a license to sell for consumption on the licensed premises or a license to sell for consumption off the licensed premises. The act lifts the requirement to convert an existing license and reinstates the availability of new licenses to sell beer for consumption both on and off the licensed premises, in specified areas with low populations. The act specifies that it applies to license applications filed on or after June 4, 2018. (Note: This summary applies to this bill as enacted.) Read More
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Under current law, there is a crime of false reporting to authorities. The bill creates a crime of false reporting of an emergency by criminalizing an act of false reporting to authorities that includes a false report of an imminent threat to the safety of a person or persons by use of a deadly weapon. False reporting of an emergency is a class 1 misdemeanor, but it can be a felony depending on the harm caused by the false report. For purposes of the crime of false reporting to authorities and false reporting of an emergency, the defendant may be tried in the county where the defendant made the report, the county where the false report was communicated to law enforcement, or the county where law enforcement responded to the false report. For fiscal years 2019-20 through 2022-23, the bill appropriates $16,500 from the general fund to the department of corrections. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates the school security disbursement program (disbursement program) in the department of public safety (department). A school district, charter school, institute charter school, or board of cooperative services (local education provider) may apply for a disbursement by submitting an application to the department. A disbursement recipient may use the money for one or more of the purposes specified in the bill, which include building improvements to enhance security and training for school personnel. The department must review the applications received and disburse money to applicants that meet the application requirements. The department must give priority to applicants that commit to providing matching funds for the amount received. The disbursements are paid from money that is set aside in the school security disbursement program account that the bill creates within the school safety resources center fund. Each disbursement recipient must report to the department concerning its use of the money, and the department must annually provide a summary of the reports to committees of the general assembly. The disbursement program is repealed, effective July 1, 2021. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill makes appropriations to the department of higher education for need-based grants, student stipends, fee-for-service contracts with institutions of higher education, local district college grants, and area technical colleges. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates a framework for the department of revenue to establish electronic processing for issuing certificates of title, filing or releasing liens, or registering vehicles and special mobile machinery. This is subject to the department promulgating rules: Vendors are authorized to electronically register vehicles; County clerks continue to receive registration fees; The department may maintain titling information electronically and may produce paper titles only upon request of a party; The department may accept electronic signatures; Notarization requirements are eliminated; The vender may order, manage, and distribute license plate inventory to a client; The vendor may access, print, and distribute the registration information to a client on demand; The vendor is an agent of the department, so the vendor must collect and remit taxes and fees; and The vendor may perform these services only for business entities. The department's approval of a third-party provider to register a vehicle, file or release liens, or issue any type of certificate of title must be evidenced by an agreement between the department and the third-party provider. The vendor may charge a fee. A vendor is authorized to give the department gifts, grants, and donations to implement electronic transactions. The department may deny a person access to the records for misuse and shall ensure that addresses of people in the address protection program are not released. Current law prohibits denying legal effect or enforceability of an electronic document to issue a certificate of title. The bill expands this provision to cover vehicle registration, clarifies that this includes electronic signatures, and clarifies that this applies to a court of law. Currently, tow carriers, insurers, and salvage pools use an electronic system to access department records to ascertain the motor vehicle's owner and lienholder. The bill allows motor vehicle dealers and other businesses approved by the department to use the same system to determine a motor vehicle's owner and lienholder for purposes authorized by current law. The department shall ensure that addresses of people in the address protection program are not released. Current law requires a manufacturer's certificate of origin to issue a certificate of title for a vehicle. The bill allows a motor vehicle rental company to obtain title without a manufacturer's certificate of origin if the business: Presents a manufacturer's invoice; and Submits a signed affidavit attesting that the motor vehicle is new and has not been issued a certificate of title and that the business is entitled to be issued a certificate of title for the motor vehicle. $1,187,502 is appropriated to the department of revenue from gifts, grants, and donations in the highway users tax fund to implement this act. From that appropriation, $16,590 is appropriated to the office of the governor for use by the office of information technology. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Except for conduct in compliance with applicable federal, state, or local law, the bill requires covered and governmental entities in Colorado that maintain paper or electronic documents (documents) that contain personal identifying information (personal information) to develop and maintain a written policy for the destruction and proper disposal of those documents. Entities that maintain, own, or license personal information, including those that use a nonaffiliated third party as a service provider, shall implement and maintain reasonable security procedures for the personal information. The notification laws governing disclosure of unauthorized acquisitions of unencrypted and encrypted computerized data are expanded to specify who must be notified following such unauthorized acquisition and what must be included in such notification. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill requires the department of higher education (department) to prepare an annual return on investment report of undergraduate degree programs and certificate programs offered at each institution of higher education, as defined in the bill. The bill specifies the information and analysis that must be included in the return on investment report, which includes, in part, the average student loan debt for students in the undergraduate degree program or certificate program, and the average time to completion for students in the degree program or certificate program. The department shall submit the annual return on investment report to the education committees of the general assembly and shall post the report on the department's website. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
For income tax years commencing on or after January 1, 2019, but prior to January 1, 2023, the bill creates a state income tax credit for a donation of cash or securities a taxpayer makes to an eligible developer to be used solely for the costs associated with an eligible project. The bill defines 'eligible developer' to mean, in part, a nonprofit community-based home ownership development organization that satisfies specified requirements relating to its background in the field of housing development and is developing or plans to develop the eligible project that is or will be receiving the donations for which the tax credits may be claimed. The bill defines 'eligible project' to mean the development of new residential housing for home ownership consisting of one or more residential units constructed for sale to a buyer whose median income is 120% or less of the area median income and for which each unit sold is to be preserved as affordable housing for a minimum of 15 years by means of a specified deed restriction or long-term land use. In order to be designated as an eligible developer authorized to accept donations, a nonprofit community-based home ownership development organization must satisfy certain criteria as created and evaluated and as may be amended by the Colorado housing and finance authority (authority). The amount of the credit allowed by the bill is 50% of the amount of the money or the value of the securities donated to the eligible developer as documented in a form and manner acceptable to the department of revenue (department); except that the aggregate amount of the credit awarded to any one taxpayer under the bill is limited to $250,000 in any one income tax year. The aggregate amount of tax credits certified is limited to $1.5 million for each tax year beginning January 1, 2019, but prior to the tax year beginning January 1, 2023. If the amount of the credit allowed exceeds the amount of the taxpayer's income tax liability in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in such income tax year is not allowed as a refund but may be carried forward and applied against the income tax due in each of the 5 succeeding income tax years, but must first be applied against the income tax due for the earliest of the income tax years possible. A tax credit allowed by the bill is neither transferable nor assignable to any other taxpayer. In order to claim the credit, the donation the taxpayer provides to obtain the credit must be accepted by the eligible developer to whom it has been given and certified by the authority. The authority is required to certify each donation. The authority completes certification by providing a certificate to the taxpayer in a format acceptable to the department evidencing that the certification requirements of the bill have been met. The authority is permitted to charge and collect an administrative fee from each applicant to recover program administration costs and expenses. A taxpayer claiming the credit must submit, maintain, and record any information that the department may require by rule regarding the taxpayer's donation to the eligible developer, including the certificate received from the authority. A taxpayer is required to electronically file with the department the certificate the taxpayer receives from the authority. Not later than January 15 of each year immediately following the year in which the authority certifies a tax credit, the authority is required to provide the department with an electronic report on the taxpayers who have received a credit for the calendar year that conforms to the income tax year for which the credit is allowed. The bill specifies information the report must contain. The tax credit is repealed, effective July 1, 2030. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sunset Process - House Transportation and Energy Committee. The bill continues the automobile theft prevention authority and the automobile theft prevention board until 2029.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under existing law, private occupational schools and certain private degree-granting schools are required to provide a bond or other form of surety that is used to facilitate transfer or to provide tuition and fee reimbursement for students in the event that the school closes. When a private occupational school closes, that school's records must be maintained by the private occupational school board in the division of private occupational schools. The department of higher education (department) takes possession of the records from private degree-granting schools. The bill allows the department to make a claim on a surety bond for reimbursement of actual administrative costs associated with a school closure. After the surety bond has been used to facilitate transfer or provide tuition and fee reimbursement for students, the department may retain any remaining amount as reimbursement for administrative costs associated with the school closure. In the instance of a closed private occupational school, the bill clarifies that the school's records may be maintained by the division of private occupational schools at any location. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More