Colorado Bills

On and after July 1, 2017, section 4 of the bill requires 10% of the net revenue generated by existing state sales and use taxes to be credited to the highway users tax fund, paid to the state highway fund for allocation to the department of transportation (CDOT), and spent by CDOT first to make payments due on any transportation revenue notes (TRANs) issued, subject to voter approval, as required by section 7 and, to the extent not needed for that purpose, for highway purposes or highway-related capital improvements as specified in section 6. Section 7 requires the submission of a ballot question to the voters of the state at the November 2017 statewide election, which, if approved, requires the executive director of CDOT to issue TRANs in a maximum principal amount of $3.5 billion and with a maximum repayment cost of $5.5 billion. TRANs must have a maximum repayment term of 20 years and must be paid first from the net state sales and use tax revenue paid to the state highway fund and allocated to CDOT by section 4 and thereafter from any legally available money under the control of the transportation commission. Section 8 requires TRANs proceeds to be used only to provide sufficient funding for the completion of economically and regionally significant state highway system projects throughout the state, including a specific list of projects. Section 2 eliminates required statutory transfers from the general fund to the capital construction fund and the highway users tax fund for state fiscal years 2017-18, 2018-19, and 2019-20. Section 3 requires CDOT rules that govern the consideration of contractor bids for CDOT projects to require consideration of all bids submitted by prequalified contractors and prohibit shortlisting. Section 5 requires CDOT, with respect to any transportation projects for which it awards a competitively bid contract on or after July 1, 2018, to report on its public website within 30 days of the contract award and maintain on its website for at least one year thereafter all information, excluding specific corporate financial information, from all bidders submitted in response to its invitation for bids for the project.(Note: This summary applies to this bill as introduced.)

The bill separately defines and clarifies the term 'construction defect' in the 'Construction Defect Action Reform Act'. (Note: This summary applies to this bill as introduced.)

In a construction defect action in which more than one insurer has a duty to defend a party, the bill requires the court to apportion the costs of defense, including reasonable attorney fees, among all insurers with a duty to defend. An initial order apportioning costs must be made within 90 days after an insurer files its claim for contribution, and the court must make a final apportionment of costs after entry of a final judgment resolving all of the underlying claims against the insured. An insurer seeking contribution may also make a claim against an insured or additional insured who chose not to procure liability insurance for a period of time relevant to the underlying action. A claim for contribution may be assigned and does not affect any insurer's duty to defend. (Note: This summary applies to this bill as introduced.)

The bill creates the innovative teacher preparation program (program) in the department of education (department). In implementing the program, the department will create a system to collect data concerning teacher preparation programs and create multiple pilot programs to support and investigate innovative approaches to teacher preparation and teacher induction, identify effective strategies, and share best practices among local education providers, alternative teacher programs, and institutions of higher education. The commissioner of education will convene a volunteer advisory committee that includes representatives from institutions of higher education, alternative teacher programs, and local education providers to assist the department in implementing the program. The department will share the data it collects and best practices it identifies through the program with local education providers, alternative teacher programs, and institutions of higher education. Beginning in January 2018, the department will prepare an annual report concerning implementation of the program, including reporting on the effectiveness of the pilot programs. The department must submit the report to the state board of education, the Colorado commission on higher education, the executive director of the department of higher education, the governor's office, and the education committees of the general assembly. The program will be funded by gifts, grants, and donations as well as any money the general assembly may appropriate to the program, which may include an appropriation from the state education fund. A local education provider, alternative teacher program, or institution of higher education may also make in-kind contributions for the operation of the pilot programs. (Note: This summary applies to this bill as introduced.)

In 2010, pursuant to the enactment of federal law that allowed each state to establish a health benefit exchange option through state law or opt to participate in a national exchange, the general assembly enacted the 'Colorado Health Benefit Exchange Act' (act). The act created the state exchange, a board of directors (board) to implement the exchange, and a legislative health benefits exchange implementation review committee to make recommendations to the board. The bill repeals the act, effective January 1, 2018, and allows the exchange to continue for one year for the purpose of winding up its affairs. The bill also requires the board, on the last day of the wind-up period, to transfer any unencumbered money that remains in the exchange to the state treasurer, who shall transfer the money to the general fund. (Note: This summary applies to this bill as introduced.)

The bill grants veterans of the armed forces a free lifetime small game hunting and fishing license, or any big game license the veteran qualifies for under rules of the parks and wildlife commission, if the veteran has been a resident of Colorado for at least the previous 2 years, served in the armed forces for at least 2 years, and was separated under honorable conditions.(Note: This summary applies to this bill as introduced.)

Under current law, a retail liquor store licensee that was licensed on or before January 1, 2016, and is a Colorado resident is permitted to obtain one additional retail liquor store license on or after January 1, 2017; 2 additional retail liquor store licenses on or after January 1, 2022; and 3 additional retail liquor store licenses on or after January 1, 2027. Additionally, current law permits a liquor-licensed drugstore licensee that was licensed on or before January 1, 2016, to obtain additional liquor-licensed drugstore licenses, as follows, but only if the licensee applies to transfer ownership of, change location of, and merge and convert 2 retail liquor store licenses located within the same local licensing authority jurisdiction as the drugstore premises to a single liquor-licensed drugstore license and only if the drugstore premises will not be located within 1,500 feet of any other licensed retail liquor store in the same local licensing jurisdiction or, if within a municipality with a population of not more than 10,000 people, the drugstore premises will not be located within 3,000 feet of any other licensed retail liquor store in the same local licensing jurisdiction: On or after January 1, 2017, up to 4 additional liquor-licensed drugstore licenses; On or after January 1, 2022, up to 7 additional liquor-licensed drugstore licenses; On or after January 1, 2027, up to 12 additional liquor-licensed drugstore licenses; On or after January 1, 2032, up to 19 additional liquor-licensed drugstore licenses; and On or after January 1, 2037, an unlimited number of additional liquor-licensed drugstore licenses. Section 3 of the bill modifies provisions governing the ability of a retail liquor store to obtain additional retail liquor store licenses as follows: Allows a retail liquor store that was licensed on or before April 1, 2017, to obtain 3 additional retail liquor store licenses between July 1, 2017, and July 1, 2018; on or after January 1, 2022, to obtain a maximum of 6 total retail liquor store licenses; and on or after January 1, 2027, a maximum of 9 total retail liquor store licenses; For additional licenses obtained on or after January 1, 2022, requires a person seeking additional licenses to apply to transfer ownership of, change location of, and merge 2 retail liquor store licenses located within the same local licensing authority jurisdiction as the applicant's premises into a single retail liquor store license; and Requires the majority of the owners of a retail liquor store seeking additional retail liquor store licenses to have either resided in Colorado for at least 2 years or operated a business in Colorado for at least 10 years. Additionally, the bill prohibits a retail liquor store from allowing customers to use a self-checkout to complete an alcohol beverage purchase and requires a retail liquor store to: Verify the age of a customer attempting to purchase an alcohol beverage by examining the customer's valid identification; and Maintain certification as a responsible alcohol beverage vendor. An employee of a retail liquor store who is under 21 years of age cannot deliver or otherwise have contact with alcohol beverages offered for sale on, or sold and removed from, the licensed premises. For liquor-licensed drugstore licenses, section 4 : Allows a licensee that applied for a liquor-licensed drugstore license on or before October 1, 2016, and a corporation within a controlled group of corporations to obtain additional liquor-licensed drugstore licenses; and Caps the total number of additional licenses at 19, for a total of 20 liquor-licensed drugstore licenses. Sections 5 and 6 set state and local application fees for a retail liquor store licensee applying for a transfer of ownership, change of location, and merger of 2 retail liquor store licenses. Sections 1 and 2 make conforming amendments. The bill takes effect July 1, 2017. (Note: This summary applies to this bill as introduced.)

The bill creates a state sales tax exemption, commencing January 1, 2018, for the sale, storage, and use of diapers. The bill further specifies that local statutory taxing jurisdictions may choose to adopt the same exemption by express inclusion in their sales and use tax ordinance or resolution. (Note: This summary applies to this bill as introduced.)

The bill creates a state sales tax exemption, commencing January 1, 2018, for all sales, storage, and use of feminine hygiene products. The bill further specifies that local statutory taxing jurisdictions may choose to adopt the same exemption by express inclusion in their sales and use tax ordinance or resolution. (Note: This summary applies to this bill as introduced.)

The bill specifies that on and after July 1, 2018, the use of any north interstate highway 25 express lane that is operated or managed by the high-performance transportation enterprise or by a partner of the transportation enterprise under the terms of a public-private partnership is free for any motor vehicle that is occupied by 2 or more individuals, including the driver.(Note: This summary applies to this bill as introduced.)