Sen. Jack Tate

Pharmacies - authority of hospice or convalescent center to operate as a pharmacy. The act allows a licensed hospice or convalescent center to procure, store, order, dispense, and administer prescription medications. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More

Natural resources foundation fund. The act repeals language authorizing the department of natural resources to receive or reject gifts and devises of money or property to be credited to the Colorado natural resources foundation fund and updates it with authorizing language that is current and consistent with language used throughout the statutes. The act changes the name of the fund that the money is credited to from the Colorado natural resources foundation fund to the Colorado natural resources gifts, grants, and donations fund.(Note: This summary applies to this bill as enacted.) Read More

Section 1 of the bill expands the definition of "eligible elector", as used in reference of persons voting in special district elections, to include a natural person who owns, or whose spouse or civil union partner owns, taxable real or personal property situated within the boundaries of the special district or the area to be included in the special district and who has satisfied all other requirements in the bill for registering to vote in an election of a special district but who is not a resident of the state. Section 2 prohibits a person from voting in a special district election unless that person is an eligible elector as defined by the bill. The section also requires any natural person desiring to vote at any election as an eligible elector to sign a self-affirmation that the person is an elector of the special district. The bill specifies the form the affirmation must take. Section 3 specifies procedures by which the eligible elector who is an eligible elector in another state becomes registered to be able to vote in the special district election. This section also contains an affirmation to be executed by the voter upon completing his or her application for registration. The oath or affirmation must be notarized by the elector. Section 3 also permits any special district organized under the laws of the state, upon passage of a resolution by the board of the district (board), to allow an elector whose eligibility has been established through the procedures specified in the bill to vote for candidates for the board of directors of the special district. The bill makes clear that no person who is designated as an eligible elector is permitted to cast a ballot at any special district election without first having been registered within the time and in the manner required by the bill. The bill only applies to a special district whose: Board, by resolution, permits an eligible elector who is not a resident of the state to vote in elections of the special district; and Regular special district election is not conducted as part of a general, primary, or coordinated election. A county clerk and recorder is not required to either contract with a special district that permits the registration of noneligible resident electors in connection with the provision of any services or to administer any regular special district election conducted by the special district. A person who is designated as an eligible elector in accordance with the bill is only permitted to vote in an election of the special district with which the person has registered and for a candidate for the board of directors of the special district who is listed on the ballot of the special district with which the elector is registered. A person who is designated as an eligible elector in accordance with the bill is only permitted to vote for candidates for the board and is not authorized to vote for any other candidates or ballot issues or ballot questions that may appear on the regular ballot of the special district. The bill describes procedures by which an eligible elector who is a resident of another state registers to vote with the special district. The form used to register an eligible elector under the bill must contain a question asking the elector to confirm that he or she desires to receive a ballot from the special district. Unless the elector has executed the form to indicate that he or she desires to receive a ballot from the special district, the designated election official is not required to send a ballot to the elector. The special district is solely responsible for maintaining the list of nonresident owners of property within the special district who are eligible to vote in an election of the special district. Section 4 contains procedures for verifying the signature of a ballot returned by a nonresident eligible elector with the signature of the elector on the notarized registration form required by the bill. Section 5 authorizes each special district board to select, in an exercise of its own discretion and by majority vote of the board's voting members, one or more additional board members, each of whom shall serve as a nonvoting member of the board. A member of the board appointed for this purpose must be a person who is a nonresident of the state but is otherwise eligible to cast a ballot in elections of the special district in accordance with the bill. A board with 3 members may appoint no more than one nonvoting member of the board. A board with 5 members may appoint no more than 2 nonvoting members of the board. The term of such board members is 4 years subject to renewal of one or more additional 4-year terms in the discretion of a majority of the voting members of the board. Any board member appointed for this purpose may be removed for cause at any time by a majority of the voting members of the board.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

Securities - registration and licensing requirements - exemptions - cryptocurrency - Colorado Digital Token Act. The act provides limited exemptions from the securities registration and securities broker-dealer and salesperson licensing requirements for persons dealing in digital tokens. "Digital token" is defined as a digital unit with specified characteristics, secured through a decentralized ledger or database, exchangeable for goods or services, and capable of being traded or transferred between persons without an intermediary or custodian of value.(Note: This summary applies to this bill as enacted.) Read More

Prior to adopting rules under the "State Administrative Procedure Act" (APA), a state agency (agency) is required to prepare a regulatory flexibility analysis in which the agency considers using regulatory methods that will accomplish the objectives of applicable statutes while minimizing the adverse impact on small businesses. For purposes of the regulatory flexibility analysis, the bill defines "small business" as a business that is independently owned and operated and employs 100 or fewer employees. When preparing the regulatory flexibility analysis, an agency is required to consider methods to reduce the impact on small businesses, including the following: Establishing less stringent compliance or reporting requirements; Establishing less stringent schedules or deadlines for compliance or reporting requirements; Consolidating or simplifying compliance or reporting requirements; Establishing different performance standards; and Exempting small businesses from compliance requirements. The agency is also required to: Determine the necessity for the proposed rules; Identify the fiscal impact of the rules; Identify and analyze the least costly alternatives to the rules and adopt the least costly alternatives unless the agency provides written justification for adopting a more costly regulatory approach; and Analyze whether small businesses should be exempted from the rules or whether less burdensome rules should be applied to small businesses and adopt exemptions or less burdensome rules, unless the agency provides written justification for a more burdensome regulatory approach. The agency is required to file the regulatory flexibility analysis with the secretary of state for publication in the Colorado register at the same time that it files its notice of proposed rule-making and the draft of proposed rules. The existing provision in the APA on forming a representative group to give input on proposed rules is amended to require an agency proposing rules that are likely to have an impact on small businesses to expand outreach to and actively solicit representatives of small businesses to participate in the representative group and in the rule-making hearing for the rules. The agency must make good faith efforts to expand outreach and notification to small businesses that lack a trade association or lobbyist to represent the types of small businesses impacted by the proposed rules. The executive director of the department of regulatory agencies (executive director), or the executive director's designee, shall develop a one-stop location on the department's website that provides a place for small businesses and the public to access the regulatory flexibility analyses that agencies prepare. A small business that is adversely affected or aggrieved by the failure of an agency to comply with the regulatory flexibility analysis requirements may: File a request with the executive director to require the agency to prepare a cost-benefit analysis of the proposed rules and to direct the agency to adjust the rule-making schedule to allow for the preparation of the cost-benefit analysis; or Request a hearing on the matter before an administrative law judge.(Note: This summary applies to this bill as introduced.) Read More

Manufactured homes - sales tax exemption clarification. As it existed before the enactment of the act, the state sales and use tax exemption statute (exemption statute) exempted from state sales tax, and through operation of another statute also exempted from local sales taxes, 48% of the purchase price for the initial sale of "factory-built housing" and 100% of the purchase price for any subsequent sale of a "manufactured home" (sales tax exemption). The exemption statute referenced another statute defining "factory-built housing", but in Senate Bill 03-182, concerning the consolidation of programs implemented by the department of local affairs that pertain to the regulation of construction, the general assembly replaced the existing definition of "factory-built housing" with a new definition of "factory-built residential structure", and the statute referenced in the exemption statute actually defines the latter term. This definition of "factory-built residential structure" includes only "structures designed to be installed on a permanent foundation" and therefore arguably limited the sales tax exemption, which had previously clearly applied to structures designed for occupancy in either temporary or permanent locations, to only those structures designed to be installed on permanent foundations. The act clarifies the scope of the sales tax exemption by amending the exemption statute to exempt "manufactured homes" instead of "factory-built housing", which clarifies that the sales tax exemption applies to homes designed to be installed on either temporary or permanent foundations. (Note: This summary applies to this bill as enacted.) Read More

For income tax years commencing on or after January 1, 2020, the bill allows an individual taxpayer or a corporation to claim a state income tax deduction on gains, to the extent included in federal taxable income, from the sale or exchange of virtual currency for other than cash or cash equivalents, up to $600 per sale or exchange. All sales or exchanges that are part of the same transaction or a series of related transactions are required to be treated as one sale or exchange. The executive director of the department of revenue is required to promulgate rules regarding the receipt of documentation related to virtual currency transactions for which gain or loss is recognized. (Note: This summary applies to this bill as introduced.) Read More

Alcohol beverages - removal of dual licensing requirement - fermented malt beverage and malt liquor manufacturers, wholesalers, and importers. The act removes the dual licensing requirement for manufacturers, wholesalers, and importers under the "Colorado Beer Code" (beer code) and the "Colorado Liquor Code" (liquor code) by: Converting each manufacturer's license issued under the beer code to a manufacturer's license issued under the liquor code; Converting each wholesaler's license issued under the beer code to a wholesaler's beer license issued under the liquor code; Converting each nonresident manufacturer's license issued under the beer code to a nonresident manufacturer's license issued under the liquor code; Converting each importer's license issued under the beer code to a malt liquor importer's license issued under the liquor code; and Repealing the authority of the state licensing authority to issue new licenses under the beer code, except for licenses authorizing the retail sale of fermented malt beverages. The act specifies that it applies to conduct occurring on or after January 31, 2019. (Note: This summary applies to this bill as enacted.) Read More

Joint Budget Committee. The bill requires internal process changes in connection with the procurement process for major information technology (IT) projects as follows: Delegation of authority to sign contracts: The state controller is authorized to delegate to state agencies the ability to sign contracts involving the payment of money by the state. Currently, the state controller chooses not to delegate such authority to the office of information technology (office) for IT project contracts. The bill requires the state controller to delegate the ability to sign contracts for major IT projects to the office and specifically to the chief information officer or the chief information officer's designee. Major IT project definition: The definition of major IT project currently applies to all state agencies. The bill exempts the department of education from the definition through June 30, 2019. Project plan for IT projects: The project plan for any major IT project by a state agency is required to include certain criteria. The bill specifies that in addition to current requirements, such a project plan shall include a planning and analysis function to be performed by the office to ensure that the state agency's desired major IT project solution is in accordance with the office's technology standards and to ensure that the scope and budget of the major IT project are vetted by the office. IT vendor selection: On or before December 1, 2018, the office is required to establish policies and procedures regarding a vendor selection standard to be used in selecting a vendor for any major IT project. The vendor selection standard is required to include a process for resolving differences of opinion between the office and the state agency in the vendor selection for any major IT project. Additionally, in 2017, the general assembly enacted legislation that required the state auditor to enter into a contract with an independent consulting firm to evaluate state IT resources. The bill expands the scope of the current contract to include a review and evaluation of the procurement process for the human resources information system, also known as HRWorks, and to provide objective findings and recommendations that could help the procurement process for major IT projects in the future. The consulting firm is required to submit a report, containing specified findings and recommendations, to the legislative audit committee, the joint budget committee, the joint technology committee, and the office of information technology. After receiving the report, such committees, the office, and any other office or department that was the subject of recommendations made in the report are required to meet to discuss the implementation of the recommendations made in the report. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Current law provides that a record may not be denied effect merely because it is electronic. The bill clarifies that this applies to documents needed to obtain a certificate of title and electronic signatures. The bill also clarifies that a written power of attorney is not needed merely because a record, document, or signature is in an electronic form. The department need not implement an electronic system as a result of these changes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More