Sen. Kevin Van Winkle

The bill requires a motor vehicle rental company to disclose to a potential customer, in any vehicle rental cost quote and in the rental agreement, additional mandatory charges applicable to the motor vehicle rental. Additional mandatory charges are charges specifically related to the operation of the rental vehicle. The failure to disclose additional mandatory charges is a deceptive trade practice. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Current law prohibits: A person from selling alcohol beverages at retail in sealed containers unless the person holds a retail liquor store or liquor-licensed drugstore license; A person from removing alcohol beverages from an establishment that is licensed under the 'Colorado Liquor Code' to sell alcohol beverages only for consumption on the licensed premises; and A person licensed to sell alcohol beverages at retail to have on the licensed premises any alcohol beverage that the licensee is not permitted under its license to sell. These prohibitions preclude an organization holding a special event at a premises licensed to sell alcohol beverages for consumption on the licensed premises from bringing alcohol beverages in sealed containers onto the premises in order to auction the alcohol beverages for fundraising purposes. The bill provides exceptions to these prohibitions and specifically allows certain organizations to bring onto and remove from the premises where the event will be held, whether licensed or unlicensed, alcohol beverages in sealed containers that were donated to or otherwise lawfully obtained by the organization and will be used for an auction for fundraising purposes as long as the alcohol beverages remain in sealed containers at all times and the licensee does not realize any financial gain related to the alcohol beverage auction. The exceptions are authorized for an organization that is eligible to apply for a special event permit, is exempted from special event permit requirements, or is holding a special event at a retail premises licensed to sell alcohol beverages for on-premises consumption. The retail value of alcohol beverages donated by a retail liquor store, liquor-licensed drugstore, or fermented malt beverage retailer is not included in the calculation of the $2,000 limit on the purchase of alcohol beverages from those retailers by persons licensed to sell alcohol beverages for on-premises consumption. Additionally, a retailer that donates alcohol beverages is liable for unlawful acts committed by the organization or other person involving the donated alcohol beverages or on the licensed premises where the event is held. If an unlawful act is committed on a licensed premises where a special event is held, the licensing authorities are required to consider mitigating factors, including the licensee's lack of knowledge of the violation, in determining whether to hold the licensee responsible. The bill applies to the following types of organizations: An organization formed for a social, fraternal, patriotic, political, or athletic purpose and not for pecuniary gain; An organization that is a regularly chartered branch, lodge, or chapter of a national organization or society organized for social, fraternal, patriotic, political, or fraternal purposes and is nonprofit in nature; An organization that is a regularly established religious or philanthropic institution; An organization that is a state institution of higher education; or A political candidate.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill states that each entity of the state government and each entity of the government of each city, county, and city and county (government entity) shall broadcast its dispatch radio communications without encryption such that the communications may be monitored by commercially available radio receivers and scanners; except that: A government entity may encrypt tactical radio communications or investigative radio communications so long as the encryption is necessary to preserve the tactical integrity of an operation, protect the safety of law enforcement officers or other emergency responders, or prevent the destruction of property; and An investigative unit of a government entity engaged in the investigation of criminal conduct or potential criminal conduct may encrypt its radio communications. Any government entity that encrypts any of its dispatch radio communications shall disclose on its public website and make available for public inspection a list of its radio communication channels, a description of the functions allocated to those channels, and an indication of which of the channels are always encrypted or sometimes encrypted. In describing the functions of the channels, the government entity shall indicate whether each channel is used for tactical radio communications or investigative radio communications. Any person has standing to bring an action for injunctive relief in district court against any sheriff, chief of police, fire chief, or other administrative head of any government entity for an allegedly unlawful encryption of dispatch radio communications. Any person who monitors dispatch radio communications of a government entity for the purpose of perpetrating or attempting to perpetrate criminal activity or assisting another person in the furtherance of criminal activity commits a class 3 misdemeanor. (Note: This summary applies to this bill as introduced.) , Read More

The bill sets the ratio of valuation for assessment for residential real property at 7.2% for property tax years commencing on and after January 1, 2017, until the next property tax year that the general assembly adjusts this ratio. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill allows a taxpayer that makes a capital investment in an enterprise data center operation in the state of a specified dollar amount within a consecutive 5-year period to enter into a memorandum of understanding with the office of economic development to transition to a different apportionment method for apportioning the income of the taxpayer. The memorandum of understanding must describe the amount of the capital investment and any other investments or actions on the part of the taxpayer that will support the economic development of the state. The bill specifies that a transition schedule must be included in the memorandum of understanding. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The concurrent resolution amends the Colorado constitution to reduce the age qualification for a member of the general assembly from 25 to 21. (Note: This summary applies to the reengrossed version of this concurrent resolution as introduced in the second house.)

Under current law, the department of revenue (department) makes available a beneficiary designation form that allows the owner or joint owners of a vehicle to arrange for the transfer of the vehicle's title to a named beneficiary upon the death of the owner, or of the last surviving joint owner, of the vehicle. The bill adds language stating that: The division of motor vehicles within the department, rather than the department itself, shall administer the process; The personal representative of the estate of a deceased vehicle owner is not liable for obtaining a new certificate of title or for transferring title to the vehicle if the personal representative does not have actual knowledge of the existence of a valid, unrevoked beneficiary designation form; and A successor of a decedent or person acting on behalf of the successor is not liable for obtaining a new certificate of title or transferring title to the vehicle by an affidavit if the person does not have actual knowledge of the existence of a valid, unrevoked beneficiary designation form.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill allows a person who legally possesses a handgun under state and federal law to carry a concealed handgun in Colorado. A person who carries a concealed handgun under the authority created in the bill has the same carrying rights and is subject to the same limitations that apply to a person who holds a permit to carry a concealed handgun under current law, including the prohibition on the carrying of a concealed handgun on the grounds of a public elementary, middle, junior high, or high school. The bill reduces an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill requires a health insurer (carrier) to develop and use standards for: Selecting participating health care providers (providers) for its network of providers; and Tiering providers within a tiered network if the carrier offers a tiered network. A carrier cannot establish selection and tiering criteria in a manner that would allow a carrier to discriminate against high-risk populations or exclude providers that treat high-risk populations. A carrier must make its standards for selecting and tiering available to the commissioner of insurance for review, communicate the standards to providers participating in one or more of the carrier's networks, and make the standards available, in plain language, to the public. Additionally, upon request but not more often than quarterly, a carrier is required to provide a provider who is participating in one or more of its networks with a complete list of all network plans and products the carrier offers to consumers. At least 60 days before implementing a decision to terminate or place a participating provider in a tiered network, a carrier must notify the affected provider in writing of the pending action, including an explanation of the reasons for the proposed action, and inform the provider of the right to request that the carrier reconsider its decision. The bill requires the carrier to develop procedures for providers to request reconsideration and sets forth minimum requirements for, components of, and deadlines for the procedures. When a carrier does not select a provider to participate in the carrier's provider network, the carrier shall provide written notice to the provider. If the commissioner determines that a carrier has failed to comply with a requirement of the bill, the commissioner shall require the carrier to follow a corrective plan and may use enforcement powers available under the insurance laws to obtain compliance. The bill appropriates $42,006 to the department of regulatory agencies for use by the division of insurance to implement the bill, with $36,828 allocated for personal services and $5,178 allocated for operating expenses and capital outlay costs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill establishes that a residential storage condominium unit is a residential improvement. This allows the unit to be assessed as residential real property, which currently has an assessment ratio of 7.96%, instead of as nonresidential property, which has an assessment ratio of 29%. A residential storage condominium unit is defined to mean a building that is: A unit under the 'Colorado Common Interest Ownership Act'; Used by its owner to store items from or related to the owner's Colorado residence; and Not used for storage related to a business. For a property to qualify as a residential storage condominium unit, the owner of the building unit must submit an affidavit of intended use. The property tax administrator is required to establish the form of the affidavit and to prepare and publish standards for assessors to determine whether a property qualifies as a residential storage condominium unit. The bill establishes penalties for a person that knowingly provides false information on the affidavit. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)