Athletic trainers - regulation - change from registration to licensing. The act changes the terms describing the regulation of athletic trainers from "registration" to "license" and "licensure" and from "registrant" and "registered athletic trainer" to "licensee".(Note: This summary applies to this bill as enacted.) Read More
On December 18, 2018, the department of revenue adopted various emergency rules related to sales tax collection, including a new destination sourcing rule that requires retailers to collect sales tax based on where the tangible personal property or service will be delivered instead of based on the taxing jurisdiction in which the retailer is located. The bill specifies that the new destination sourcing rule does not apply to any retailer with physical presence that has generated less than $100,000 in gross revenue from the sale of tangible personal property or services outside of the taxing jurisdiction where the retailer is located. For those particular retailers with physical presence, the sale is sourced to the retailer's location, regardless of whether the tangible personal property or service is delivered outside of the taxing jurisdiction in which the retailer is located. The bill also adds the same exception to the statutory retailer's use tax collection requirement. (Note: This summary applies to this bill as introduced.) Read More
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 repeals the provisions that require limited passive investors to go through an initial background check. The bill repeals the provisions that limit the number of out-of-state direct beneficial owners to 15 persons. The bill repeals the provision that prohibits publicly traded entities from holding a marijuana license. The bill creates two new ownership licenses, controlling beneficial owners and passive beneficial owners, and a new investment type, indirect financial interest holder. The bill gives the state licensing authority rulemaking authority related to the parameters of, qualifications of, disclosure of, requirements for, and suitability for the new license types and investment type. A controlling beneficial owner is a person that is the beneficial owner of 5 percent or more of the securities of a marijuana business; is an affiliate; or is otherwise in a position to exercise control of the marijuana business. A passive beneficial owner is a person that is not an affiliate of a marijuana business, has no control over the marijuana business, and owns less than 5 percent of the securities of a marijuana business. An indirect financial interest holder is a person that is not an affiliate or in a position to exercise control over the marijuana business and that holds a commercially reasonable royalty interest; holds a permitted economic interest issued prior to January 1, 2019, that has not been converted to an ownership interest; or is a contract counterparty that has a direct nexus to the business. An indirect financial interest holder does not require a finding of suitability and does not require a license. The bill requires a person intending to apply to become a controlling beneficial owner or passive beneficial owner to receive a finding of suitability or an exemption from the state licensing authority prior to submitting a marijuana business application. When applying for suitability a person must disclose: all of its officers, directors, and affiliates; all officers, directors, and beneficial owners of more than 5 percent of any of its affiliates; all of its beneficial owners of 5 percent or more, if a publicly traded corporation; and, if not a publicly trade corporation, all of its beneficial owners. The bill also requires a marijuana business or controlling beneficial owner that is a public corporation to comply with various notification, disclosure, notice, and suitability requirements. The bill limits the types of publicly traded corporations that can be marijuana businesses or controlling beneficial owners. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill requires each state agency to develop a long-range financial plan on or before November 1, 2019, and to update the plan each of the next 4 years thereafter. The department of state, the department of treasury, the department of law, and the judicial branch shall each publish the required components of the plan for their respective state agencies. The office of state planning and budgeting shall publish the required components of the plan in its annual budget instructions for all other state agencies. The state agency is required to submit its long-range financial plan to the joint budget committee, along with its annual budget request, and post the plan on its official website. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates a temporary income tax credit for income tax years commencing on or after January 1, 2019, but prior to January 1, 2022, for employers that make contributions to 529 qualified state tuition program accounts owned by their employees in an amount equal to 20% of the contribution, not to exceed $500. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, a medical marijuana center must source 70% of the medical marijuana it sells from its associated optional premises cultivation facility. Similarly, an optional premises cultivation facility must have 70% of the medical marijuana it cultivates sold through its associated medical marijuana center. The bill eliminates that requirement and allows medical marijuana centers to source medical marijuana from any optional premises cultivation facility. The bill creates a transition period between the current limited sourcing model that begins July 1, 2018. For one year from that date, medical marijuana centers and optional premises cultivation facilities can purchase and sell 50% of their inventory as a wholesale transaction, and medical marijuana trim is not included in the calculation of the percentage. Then, on or after July 1, 2019, an optional premises cultivation facility may sell any amount of the medical marijuana it cultivates to any medical marijuana center. Similarly, a medical marijuana center may source its medical marijuana from any optional premises cultivation facility without restriction. Additionally, the state licensing authority shall adopt a production management system similar to the system in the retail marijuana code. The bill allows a medical marijuana center to sell medical marijuana acquired from an optional premises cultivation facility licensee or medical marijuana-infused products manufacturer licensee. A medical marijuana center can sell more than 2 ounces to a patient if that patient has a recommended extended ounce count from his or her physician and registers with the medical marijuana center as his or her primary center. The patient also has to sign an affidavit that he or she does not have a primary caregiver cultivating medical marijuana on his or her behalf. The bill makes conforming amendments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates a centralized distribution permit to an optional premises cultivation facility or retail marijuana cultivation facility authorizing temporary storage on its licensed premises of marijuana concentrate or marijuana products for the sole purpose of transfer to the permit holder's respective commonly owned medical marijuana centers or retail marijuana stores. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill exempts the transmission of virtual currency from regulation under the Colorado 'Money Transmitters Act'. (Note: This summary applies to this bill as introduced.) Read More
Under current law, a school district (district) can only transport students from an adjacent district to its schools or reimburse a parent for transporting such students to its schools if the adjacent district consents to the transportation. The bill allows a school district to transport a student to its district even if the student does not reside in an adjacent district and without seeking the consent of the student's resident district. Under current law, a district shall adopt policies and procedures to implement school of choice enrollment for students that allow a student to attend a school within the student's resident district other than his or her assigned school or to attend school in another school district. The bill requires that the school of choice enrollment application policies and procedures include: An enrollment application period of at least 4 weeks; An enrollment application period that does not close before February 15 of each year; The ability to apply to at least 5 schools within the district using a standardized application for each school; and In-person or online submission of the applications. The bill requires the district to notify students each year of the school of choice enrollment policies and procedures, including the relevant deadlines, and to post the policies and procedures on the district's website. In addition, the department of education shall include on its website an outline of the laws relating to school of choice enrollment and a link to each district's school of choice website provisions. For a student attending school in a district other than the student's resident district, the bill allows the student to remain in the nonresident district school through the highest grade level served in the school. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
