Regulation of cigarettes, tobacco products, or nicotine products - local government regulation - state cigarette tax revenue apportionment to local governments - local governments' special sales taxes. Sections 1, 2, and 4 of the act authorize a county to enact a resolution or ordinance that prohibits a minor from possessing or purchasing cigarettes, tobacco products, or nicotine products. Sections 1 and 2 also authorize a county to impose regulations on cigarettes, tobacco products, or nicotine products that are more stringent than statewide regulations, including prohibiting sales to a person under 21 years of age, and section 4 expressly authorizes a county to enact a resolution or ordinance regulating the sale of cigarettes, tobacco products, or nicotine products to minors. Section 3 expressly authorizes a statutory or home rule city or town to enact an ordinance regulating the sale of cigarettes, tobacco products, or nicotine products to minors. From state income tax money, the state currently apportions an amount equal to 27% of state cigarette tax revenues to cities, towns, and counties in proportion to the amount of state sales tax revenues collected within their boundaries. In order to receive their allocation of this money, cities, towns, and counties are prohibited from imposing their own fees, licenses, or taxes on cigarette sales or from attempting to impose a tax on cigarettes. Section 5 removes this prohibition with respect to fees or licenses that a city, town, or county imposes or with respect to a tax that a city, town, or county attempts to impose, thus allowing cities, towns, and counties to impose fees or licenses or to attempt to impose taxes on cigarette sales without losing their apportioned state cigarette tax revenues. A city, town, or county that successfully imposes a tax on cigarette sales loses its apportioned state cigarette tax revenues. Section 6 authorizes a statutory or home rule city or town, city and county, or county, if approved by a vote of the people within the statutory or home rule city or town, city and county, or county, to impose a special sales tax on the sale of cigarettes, tobacco products, or nicotine products. Section 6 also provides a mechanism by which a county's special sales tax applies to a municipality within the boundary of the county unless the municipality, if approved by a vote of the people within the municipality, enacts its own such special sales tax; however, the county and municipality may then enter into an intergovernmental agreement authorizing the county to continue to levy, collect, and enforce its special sales tax within the corporate limits of the municipality.(Note: This summary applies to this bill as enacted.) Read More
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Fireworks restrictions - period between May 31 and July 5 of any year - competent evidence of high fire danger. Under current law, a county may prohibit or restrict by ordinance the sale, use, and possession of fireworks, including permissible fireworks (fireworks restrictions), for a period that does not exceed one year in length within all or any part of the unincorporated areas of the county; except that such an ordinance shall not be in effect between May 31 and July 5 of any year unless the ordinance includes an express finding of high fire danger, based on competent evidence. The act specifies that such an ordinance is in effect for the period between May 31 and July 5 of any year only if the county adopts by resolution such fireworks restrictions for such period, which resolution includes an express finding of high fire danger, based on competent evidence. However, if the county adopts a resolution specifying that the ordinance remains in effect for such period, or any portion of such period, and subsequent to the adoption of the resolution, a change in the weather occurs resulting in competent evidence that the high fire danger is not present and no longer will be present during the remainder of the period, the act requires the county to endeavor to promptly consider whether to exercise its legislative discretion to rescind the restrictions it has adopted on the sale, use, and possession of fireworks. The ordinance remains in effect and is fully enforceable until the restrictions have been rescinded. The act also adds as a source of "competent evidence" justifying a finding of high fire danger predictions of future fire danger such as those issued by the national interagency coordination center or any successor entity as well as localized evidence of low fuel moisture content. (Note: This summary applies to this bill as enacted.) Read More
Child hearsay exception. The act amends the statutory exception to the hearsay rule to admit an out-of-court statement made by a child if certain conditions are satisfied in: Any criminal, delinquency, or civil proceeding in which the child (a person under 13 years of age) is alleged to have been a victim; or Any criminal, delinquency, or civil proceeding in which the child describes all or part of an offense of unlawful sexual behavior.(Note: This summary applies to this bill as enacted.) Read More
Capital development committee - appointments - chair and vice-chair elections. The act clarifies who makes the appointments of members from the senate and the house of representatives to serve on the capital development committee and clarifies that the chair and vice-chair elections are made at the first December meeting of the capital development committee held after the general election in each even-numbered year.(Note: This summary applies to this bill as enacted.) Read More
Capital construction - controlled maintenance - state architect - flexibility in administering payment of certain projects. The act grants the state architect, through the executive director of the department of personnel, flexibility in administering the payment of certain controlled maintenance projects from the proceeds of the lease-purchase agreements executed as required by Senate Bill 17-267, concerning the sustainability of rural Colorado.(Note: This summary applies to this bill as enacted.) Read More
Current law requires the sheriff of each county to obtain peace officer certification within one year of taking office. The bill modifies this provision to require the sheriff to have a valid certification or provisional certification from the Colorado peace officer standards and training board in order to be nominated, elected, or appointed to the office of sheriff.(Note: This summary applies to this bill as introduced.) Read More
The bill prohibits a restaurant, food vendor, or other food service establishment from providing a single-use plastic beverage straw to a customer unless the customer requests a straw. The bill does not apply to the following: The use of a self-serve straw dispenser; A customer's order of food from a food service establishment through a drive-through window, for off-premises delivery through a third-party delivery service, or for delivery through the use of a digital or mobile application or website; or Prepackaged food that was filled, sealed, or packaged before the food service establishment received the prepackaged food at its retail premises. A local government shall not regulate the use of single-use plastic beverage straws. (Note: This summary applies to this bill as introduced.) Read More
The bill adds to the definition of an "emergency medical care provider" a person providing emergency care at a detention facility. It then adds emergency medical care providers to the list of potential victims of assault in the first or second degree under certain circumstances. (Note: This summary applies to this bill as introduced.) Read More
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