Sen. Kevin Van Winkle

Currently, the state and several state enterprises impose fees on retail sales of taxable tangible personal property delivered by motor vehicle to a location in the state. These fees are collectively known as the retail delivery fee (RDF), and a retailer who makes a retail delivery is required to add the RDF to the price of the retail delivery, collect it from the purchaser, and pay the RDF revenue to the department of revenue (department), which distributes the revenue to the appropriate cash funds. The department generally administers the RDF in the same manner as the state sales and use tax. The act modifies this administration by permitting a retailer to pay the RDF on behalf of the purchaser. If the retailer elects to pay the RDF, then the retailer is: Not required to add the RDF to the price of the retail delivery, separately itemize the RDF, or collect the RDF from the purchaser, who is not liable or the amount nor eligible for a refund of an erroneously paid RDF; and Required to remit the RDF on the date that would be required if the RDF had been received from the purchaser on the date of the retail delivery. The department is required to waive any processing costs for a retailer's electronic payment by automated clearing house (ACH) debit of the RDF if the charges would exceed the amount of the RDF revenue being remitted. The act creates an exemption from the RDF for a retail delivery by a qualified business, which is a business that has $500,000 or less of retail sales in the prior year or is new, that applies retroactively to when RDFs were first imposed. A purchaser is not eligible for a refund of any RDF that is collected and remitted to the department by a qualified business prior to the effective date of the act. The act also creates a primary definition for "retail delivery" that is cross-referenced in other RDF provisions, and related to this change, a definition of "retail sale" is repealed where the cross reference makes it unnecessary. APPROVED by Governor May 4, 2023 EFFECTIVE May 4, 2023 (Note: This summary applies to this bill as enacted.)

The act implements the recommendations of the department of regulatory agencies (department), as contained in the department's 2022 sunset review of the human trafficking prevention training (training). The act continues the training for 7 years, until September 1, 2030. APPROVED by Governor April 28, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

Before passage of the act, Colorado law required a motor vehicle or a powersports vehicle manufacturer (manufacturer) to timely compensate a motor vehicle or a powersports vehicle dealer (dealer) for warranty repairs based on the dealer's typical charges for parts and labor if these charges were reasonably consistent with the law governing the setting of these charges. The act repeals the condition that the charges must be reasonably consistent with this law, requiring the manufacturer to pay the charges even if there is a dispute as to the charges. The law governing the setting of these charges is not repealed, so the charges must continue to comply with the law. Before passage of the act, Colorado law governing these charges allowed a manufacturer to challenge the setting of a labor rate or part markup if either was inaccurate or if either was substantially different than the charges of other similarly situated line-make dealers. The act repeals the manufacturer's ability to challenge these charges when the rates are substantially different than the charges of other similarly situated line-make dealers. In order to challenge the setting of a labor rate or part markup as allowed before the passage of the act, the manufacturer was required to provide the dealer a notice that explains why the calculation was subject to contest. The act changes this requirement, requiring instead that the notice must explain why the calculation is materially inaccurate. APPROVED by Governor April 3, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

Colorado law requires a powersports vehicle dealer or a used powersports vehicle dealer to maintain a principal place of business. The act clarifies that the following activities are not a violation of this requirement: Delivering a powersports vehicle to a customer for a test drive at a location that is away from the dealer's principal place of business; Delivering documents for a customer to sign or delivering documents to, or obtaining documents from, a customer at a location that is away from the dealer's principal place of business; or Delivering a powersports vehicle to a customer at a location that is away from the dealer's principal place of business. APPROVED by Governor March 31, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act implements the recommendation of the department of regulatory agencies, as specified in the department's 2022 sunset review of the EPIC advisory board, to sunset the advisory board. APPROVED by Governor March 23, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act authorizes the executive director of the department of revenue (state licensing authority), pursuant to standards and processes that the state licensing authority establishes by rule, to: Issue an administrative hold on the movement of medical or retail marijuana pending an investigation; Embargo medical or retail marijuana when the state licensing authority finds objective and reasonable grounds to believe that the health, safety, or welfare of the public imperatively requires emergency action; and Order the destruction of embargoed medical or retail marijuana after notice and opportunity for a hearing. APPROVED by Governor March 23, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

Current law allows a physician to submit documentation to the department of public health and environment (department) stating that a patient has a debilitating medical condition or disabling medical condition and may benefit from the use of medical marijuana. The bill clarifies that the physician is submitting a recommendation to the department rather than a certification or authorization. The bill removes the following requirements for a physician's recommendation to the department: The physician's federal drug enforcement agency number; The maximum THC potency level of the medical marijuana product; The recommended medical marijuana product; The patient's daily authorized quantity of the medical marijuana product; and Directions for use of the medical marijuana product. The bill allows a physician to establish a bonafide physician-patient relationship remotely via video or telephone conference if the patient is: 21 years of age or older; Under 18 years of age; or 18 years of age or older but under 21 years of age and the patient received a medical marijuana recommendation prior to 18 years of age. The bill clarifies that a patient must only present a uniform certification form completed by a recommending physician to a medical marijuana store if the patient seeks to purchase more than the statutorily allowed limit of medical marijuana products. Current law limits the amount of medical marijuana concentrate that a patient may purchase in a single day to 8 grams. The bill increases that limitation to 40 grams, but limits the total amount that a patient can purchase in a 30-day period to the equivalent of 8 grams per day. Current law limits the combined amount of medical marijuana products that a patient may purchase in a single day to 20,000 milligrams. The bill adds an exception to that limitation for nonedible, nonpsychoactive medical marijuana products. Current law limits the amount of medical marijuana concentrate that a patient 18 years of age or older but under 21 years of age may purchase in a single day to 2 grams. The bill allows a patient that is 18 years of age or older but under 21 years of age and had a registry identification card issued by the department prior to 18 years of age to purchase in a single day up to 8 grams of medical marijuana concentrate. The bill clarifies that when a physician issues a uniform certification form to a patient 18 years of age or older, the physician may consider whether the patient had a registry identification card issued by the department prior to 18 years of age as a factor in recommending that the patient be allowed to purchase more than the statutorily allowed quantities of medical marijuana products. The bill allows a retail marijuana store to sell retail marijuana products to patients at the statutorily allowed limit for medical marijuana products and registered primary caregivers 21 years of age or older who present a registry identification card issued by the department. The bill also allows a registered primary caregiver to purchase retail marijuana products for a patient who is under 21 years of age at the applicable statutorily allowed limit for medical marijuana products for patients under 21 years of age. (Note: This summary applies to this bill as introduced.)

The bill modifies the closing and settlement procedure for real estate transactions to ensure that the funds intended to be used at closing have been: Received and deposited into a trust account at least one business day before the scheduled closing; and Confirmed as deposited and available for immediate disbursement upon the settlement and closing of the real estate transaction. The bill takes effect September 1, 2024. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The school access for emergency response (SAFER) grant program is scheduled to repeal on July 1, 2024. The bill extends the SAFER grant program for 5 years, until July 1, 2029, and clarifies when the state treasurer is required to transfer unexpended money from the SAFER grant program's cash fund when the grant program is repealed. (Note: This summary applies to this bill as introduced.)