Sales and use tax - changes in law applicable to the state and state collected local governments - establishing economic nexus - codifying destination sourcing - establishing an exception to destination sourcing - requiring marketplace facilitators to collect and remit sales tax on behalf of marketplace sellers. The act: Establishes economic nexus for purposes of retail sales made by retailers without physical presence and specifies that the economic nexus does not apply for sales made by such retailers prior to June 1, 2019; Codifies the department of revenue's destination sourcing rule for state sales tax collection, for sales taxes imposed by any statutory incorporated town, city, or county, and for special districts, but specifies that a small retailer may source its sales to the business' location regardless of where the purchaser receives the tangible personal property or service until a geographic information system provided by the state is online and available for the retailer to determine the taxing jurisdiction in which an address resides; Commencing October 1, 2019, requires marketplace facilitators to collect and remit sales tax on behalf of marketplace sellers that enter into a contract with a marketplace facilitator that facilitates the sale of the marketplace seller's tangible personal property, commodities, or services through the marketplace facilitator's marketplace and also: Allows marketplace facilitators to retain the vendor fee for the collection and remittance of the sales tax on sales made by marketplace sellers on its marketplace; Provides the marketplace facilitator with audit relief if the marketplace facilitator can demonstrate to the satisfaction of the executive director of the department of revenue that it made a reasonable effort to obtain accurate information regarding the obligation to collect tax from the marketplace seller; and Specifies that the marketplace seller does not have the liabilities, obligations, and rights of a retailer if the marketplace facilitator is required to collect and remit sales tax on its behalf, including licensing, collection, and remittance requirements; and Repeals outdated references to remote sales and remote sellers that were added pursuant to House Bill 13-1295, concerning the implementation of the minimum simplification requirements of the proposed federal "Marketplace Fairness Act of 2013" in order for the state to be authorized by the federal government to require remote sellers to collect sales tax on taxable sales made within the state, but are not applicable because Congress never enacted an act that authorizes states to require certain retailers to pay, collect, or remit state or local sales taxes.(Note: This summary applies to this bill as enacted.) Read More
Sponsored bills
Public employees' retirement association - employer contribution rates - local government division. The 2% increase in the member contribution rate for members in the local government division of the public employees' retirement association that was enacted during the 2018 legislative session is eliminated.(Note: This summary applies to this bill as enacted.) Read More
Self-contained breathing apparatus - testing and certification - administration by department of public safety - rule-making authority - appropriation. Currently, local fire departments and other users of self-contained breathing apparatus (SCBA) rely on certification under standards promulgated by the United States department of transportation (DOT) or the national institute for occupational safety and health (NIOSH) for quality control of pressure vessels. These certifications are considered valid through the vessel's recommended service life, but that service life is finite. Section 1 of the act declares that, with the emergence of new technology to test the continuing safety of vessels that are at the end of their initial recommended service life, vessels that remain safe can and should be recertified for an additional period rather than discarded, resulting in a saving of tax dollars for local governments. Sections 2 and 3 give the director of the division of fire prevention and control in the department of public safety the authority to inspect SCBA equipment and, if necessary, to write rules governing the inspection and certification of pressure vessels. Any such rules must incorporate or recognize current DOT or NIOSH standards for certification and recertification with regard to any technology that is accepted by those federal agencies. $40,291 is appropriated to the department of public safety for use by the division of fire prevention and control to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Income tax - affordable housing tax credit - increase in aggregate amount of tax credits that may be allocated annually. Currently, under the affordable housing tax credit, during each calendar year of the period beginning in 2015 and ending in 2024 the Colorado housing and finance authority (CHFA) may allocate tax credits in an aggregate amount up to $5 million annually. The act increases the annual aggregate cap to $10 million for the years beginning on January 1, 2020, and ending on December 31, 2024.(Note: This summary applies to this bill as enacted.) Read More
Regulation of insurance companies - corporate governance annual disclosures. The act establishes, with amendments, certain model laws of the National Association of Insurance Commissioners concerning corporate governance annual disclosures (CGADs) by insurers and insurance groups (insurers). On June 1, 2020, and on June 1 of each year thereafter, an insurer shall submit to the commissioner of insurance (commissioner) a CGAD that contains sufficient information to permit the commissioner to gain and maintain an understanding of the insurer's corporate governance framework. The act establishes confidentiality requirements for the commissioner and any third-party consultants retained by the commissioner. The act states that any insurer that fails, without just cause, to timely file a CGAD shall pay, after notice and a hearing, a penalty of $200 for each day's delay. The maximum penalty is $25,000. The act allows the commissioner to act as the group-wide supervisor for an internationally active insurance group or to designate or acknowledge another regulatory official as the group-wide supervisor for an internationally active insurance group that: Does not have substantial insurance operations in the United States; Has substantial insurance operations in the United States, but not in Colorado; or Has substantial insurance operations in the United States and in Colorado, but the commissioner has determined pursuant to certain criteria that the other regulatory official is the appropriate group-wide supervisor. The act describes certain permissible supervisory activities for the commissioner to perform while acting as a group-wide supervisor of an internationally active insurance group. (Note: This summary applies to this bill as enacted.) Read More
Health facilities - health care providers - adverse health care incidents - protected communications with patients. The act creates the "Colorado Candor Act" (Act), which: Establishes a process for open communication between a patient and a health care provider or health facility after an adverse health care incident; and Provides that communications under the Act are privileged and confidential, are inadmissible as evidence in any subsequent proceedings arising directly out of the adverse health care incident, and are not subject to discovery, subpoena, or other means of legal compulsion for release.(Note: This summary applies to this bill as enacted.) Read More
The bill establishes requirements for the creation of a healthcare provider lien. A healthcare provider lien is a lien related to charges for medical care provided to a person injured by the negligence or wrongful act of another person, which is asserted against money the injured person may receive from a personal injury claim or uninsured motorist claim. A healthcare provider or healthcare provider's assignee creating a lien must advise the injured person of their options for payment, including the use of benefits from an insurance plan or other payer of benefits, before or at the time of creating the lien. Before a person signs an agreement creating a healthcare provider lien, the healthcare provider or its assignee is required to disclose to the injured party that the healthcare provider is not a health insurer or payer of benefits, that unlike a health insurer or payer of benefits the lienholder is entitled to receive the full amount of the lien even if the injured party is not fully compensated from a settlement or judgment, that the lienholder is not required to contribute to the injured party's legal fees or costs, that the lienholder's compensation is based on the difference between the total amount of the medical bills and the negotiated amount, and of any business interests between the lienholder and the injured party's legal counsel or healthcare providers. The lienholder is required to provide notice to the injured party of the amounts billed under the lien as they are accrued, to the extent practicable, and to provide a final itemized statement that includes a summary of treatment provided, the amounts billed, and the total amount due and owing. The lien amount cannot include any additional amounts over the amount of the charges for services provided, billed at the provider's usual and customary rates. Except in the event of fraud by the injured party, the lienholder may only assign to a collection agency or debt collector an amount equal to the total amount actually paid to healthcare providers. A healthcare provider may assign a lien to another person or entity. The fact of the assignment, its terms, and the amount paid by the assignee is not discoverable or admissible as evidence in any third-party or first-party action, except in an action under the "Uniform Consumer Credit Code". The provisions of the bill do not apply to hospital liens. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
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The bill: Sets the reimbursement rate that a health insurance carrier must pay a health care facility if a covered person is treated for emergency services; Requires in-network health care facilities and health care providers to make disclosures to patients covered by a health benefit plan concerning the provision of services by an out-of-network provider; Outlines the claims and payment process, including reimbursement rates for the provision of out-of-network services for health care facilities and health care providers; and Authorizes arbitration for the payment of health care claims that are in dispute if certain criteria are met. The commissioner of insurance is required to submit a report annually to the general assembly concerning unanticipated out-of-network services. (Note: This summary applies to this bill as introduced.) Read More
Income tax - retrofits to an individual's residence for increased visitability - tax credit available for qualified individual's dependent. The act clarifies that the income tax credit for retrofitting a residence for increased visitability is available for changes made to a residence that benefit a qualified individual's dependent.(Note: This summary applies to this bill as enacted.) Read More