ALL Construction Bills

HB19-1008 Include Career And Technical Education In Building Excellent Schools Today Program 
Comment: 1/16
Position: Support
Calendar Notification: Wednesday, February 20 2019
THIRD READING OF BILLS - FINAL PASSAGE - CONSENT CALENDAR
(1) in senate calendar.
Sponsors: T. Kraft-Tharp | C. Larson / N. Todd | P. Lundeen
Summary:

The bill amends the "Building Excellent Schools Today Act" to allow the public school capital construction assistance board (board) to provide grants to support career and technical education capital construction, which is defined as:

  • New construction or retrofitting of public school facilities for certain career and technical education programs; and
  • Equipment necessary for individual student learning and classroom instruction, including equipment that provides access to instructional materials or that is necessary for professional use by a classroom teacher.

The bill requires the board to report annually to the capital development committee and to the education and finance committees of the house of representatives and the senate, or to any successor committees, concerning the issuance and denial of career and technical education capital construction grants during the preceding year.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/4/2019 Introduced In House - Assigned to Education
1/15/2019 House Committee on Education Refer Amended to House Committee of the Whole
1/18/2019 House Second Reading Laid Over to 01/25/2019 - No Amendments
1/25/2019 House Second Reading Passed with Amendments - Committee
1/28/2019 House Third Reading Passed - No Amendments
1/29/2019 Introduced In Senate - Assigned to Education
2/13/2019 Senate Committee on Education Refer Unamended - Consent Calendar to Senate Committee of the Whole
2/19/2019 Senate Second Reading Passed - No Amendments
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-01-04

HB19-1012 DPA Department Of Personnel Flexible Administration Of Controlled Maintenance Payments 
Comment: Skip
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: S. Beckman | A. Valdez / R. Fields
Summary:

Capital Development Committee. The bill 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.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/4/2019 Introduced In House - Assigned to Finance
1/14/2019 House Committee on Finance Refer Unamended to House Committee of the Whole
1/18/2019 House Second Reading Passed - No Amendments
1/22/2019 House Third Reading Laid Over to 01/23/2019 - No Amendments
1/23/2019 House Third Reading Passed - No Amendments
1/23/2019 Introduced In Senate - Assigned to Finance
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-01-04

HB19-1025 Limits On Job Applicant Criminal History Inquiries 
Comment: Skip
Position:
Calendar Notification: Friday, February 22 2019
Appropriations
8:00 a.m. Room LSB-A
(1) in house calendar.
Sponsors: J. Melton | L. Herod
Summary:

The bill prohibits employers from:

  • Advertising that a person with a criminal history may not apply for a position;
  • Placing a statement in an employment application that a person with a criminal history may not apply for a position; or
  • Inquiring about an applicant's criminal history on an initial application.

An employer may obtain a job applicant's criminal history at any time.

An employer is exempt from the restrictions on advertising and initial employment applications when:

  • The law prohibits a person who has a particular criminal history from being employed in a particular job;
  • The employer is participating in a program to encourage employment of people with criminal histories; or
  • The employer is required by law to conduct a criminal history record check for the particular position.

The department of labor and employment is charged with enforcing the requirements of the bill and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action, and the bill does not create a protected class under employment anti-discrimination laws. The department is directed to adopt rules regarding procedures for handling complaints against employers.


(Note: This summary applies to this bill as introduced.)

Status: 1/4/2019 Introduced In House - Assigned to Judiciary
1/29/2019 House Committee on Judiciary Refer Amended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-01-04

HB19-1035 Remove Fee Cap Electrical Inspection Local Government Higher Education 
Comment: 1/16
Position: Support
Calendar Notification: Tuesday, February 26 2019
SENATE LOCAL GOVERNMENT COMMITTEE
2:00 PM SCR 354
(4) in senate calendar.
Sponsors: J. Rich | D. Roberts / R. Woodward | J. Ginal
Summary:

Current law prohibits local governments and state institutions of higher education from charging more than 15% more than the state charges to perform an inspection of electrical work and limits the fee for a permit for a hot water heater load control device to no more than $10. The bill deletes this $10 cap, specifies that the 15% cap relates to fees as they existed on January 1, 2014, and subjects the permit fee to the adjusted 15% cap.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/4/2019 Introduced In House - Assigned to Transportation & Local Government
1/23/2019 House Committee on Transportation & Local Government Refer Amended to House Committee of the Whole
1/28/2019 House Second Reading Laid Over Daily - No Amendments
1/29/2019 House Second Reading Laid Over to 01/31/2019 - No Amendments
1/30/2019 House Second Reading Passed with Amendments - Committee
1/31/2019 House Third Reading Passed - No Amendments
2/4/2019 Introduced In Senate - Assigned to Local Government
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-01-04

HB19-1040 Professional Land Surveyors Continuing Education 
Comment: 1/16
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Valdez / K. Donovan | D. Coram
Summary:

The bill requires the state board of licensure for architects, professional engineers, and professional land surveyors to adopt rules establishing a continuing education requirement for professional land surveyors.


(Note: This summary applies to this bill as introduced.)

Status: 1/4/2019 Introduced In House - Assigned to Business Affairs and Labor
1/4/2019 Introduced In House - Assigned to Business Affairs & Labor
1/30/2019 House Committee on Business Affairs & Labor Postpone Indefinitely
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-01-04

HB19-1055 Public School Cap Construction Financial Assistance 
Comment: 1/16
Position: Support
Calendar Notification: Monday, March 4 2019
Finance
1:30 p.m. Room LSB-A
(3) in house calendar.
Sponsors: S. Bird / R. Zenzinger
Summary:

Current law requires the greater of the first $40 million of state retail marijuana excise tax revenue or 90% of the revenue to be credited to the public school capital construction assistance fund (assistance fund) and limits the maximum total amount of annual lease payments payable by the state under the terms of all outstanding lease-purchase agreements entered into as authorized by the "Building Excellent Schools Today Act" (BEST) to $100 million. Beginning July 1, 2019, the bill:

  • Requires all state retail marijuana excise tax revenue to be credited to the assistance fund;
  • Increases the maximum total amount of BEST annual lease payments to $105 million for state fiscal year 2019-20 and to $110 million for state fiscal year 2020-21 and each state fiscal year thereafter;
  • Changes the percentage of the state retail marijuana excise tax revenue credited to the assistance fund that is further credited to the charter school facilities assistance account of the assistance fund for distribution to charter schools from 12.5% to a percentage equal to the percentage of students included in the statewide funded pupil count who were enrolled in charter schools for the prior school year; and
  • Changes the total amount of money annually appropriated from the state education fund for charter school capital construction from a flat amount of $20 million per year to $20 million per year annually adjusted for changes in the percentage of students included in the statewide funded pupil count who are enrolled in charter schools.
    (Note: This summary applies to this bill as introduced.)

Status: 1/4/2019 Introduced In House - Assigned to Education + Finance
2/7/2019 House Committee on Education Refer Amended to Finance
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-01-04

HB19-1074 Daylight Saving Time Exemption 
Comment: 1/16
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Ransom | P. Buck
Summary:

Currently, "United States Mountain Standard Time" (MST) is the standard time within Colorado, except during the period of daylight saving time (i.e., the second Sunday in March to the first Sunday in November) when time is advanced one hour. The bill exempts the state from observing daylight saving time, making MST the standard time year-round.


(Note: This summary applies to this bill as introduced.)

Status: 1/11/2019 Introduced In House - Assigned to Rural Affairs & Agriculture
1/31/2019 House Committee on Rural Affairs & Agriculture Postpone Indefinitely
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-01-11

HB19-1086 Plumbing Inspections Ensure Compliance 
Comment: 2/6
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: M. Duran
Summary:

Current law requires plumbing inspectors employed by qualified state institutions of higher education to possess the same qualifications required of state plumbing inspectors. Section 1 of the bill requires the same of inspectors employed by an incorporated town or city, county, or city and county.

Section 2 requires state plumbing inspectors or plumbing inspectors employed by the state, an incorporated town or city, county, city and county, or qualified state institution of higher education (entity) to conduct a contemporaneous review of each plumbing project inspected to ensure compliance with the plumbing law, including specifically licensure and apprentice requirements. However, each entity need not perform a contemporaneous review for each inspection of a project. Each entity shall develop standard procedures to advise inspectors on how to conduct a contemporaneous review. Each entity must post its standard procedures on its public website and provide the director of the division of professions and occupations within the department of regulatory agencies with a link to the web page on which the standard procedures have been posted.
(Note: This summary applies to this bill as introduced.)

Status: 1/14/2019 Introduced In House - Assigned to Business Affairs and Labor
1/14/2019 Introduced In House - Assigned to Business Affairs & Labor
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-01-14

HB19-1096 Colorado Right To Rest 
Comment: 2/6
Position: Oppose
Calendar Notification: Tuesday, February 26 2019
Transportation & Local Government
Upon Adjournment Room 0112
(1) in house calendar.
Sponsors: J. Melton
Summary:

The bill creates the "Colorado Right to Rest Act", which establishes basic rights for people experiencing homelessness, including but not limited to the right to rest in public spaces, to shelter themselves from the elements, to eat or accept food in any public space where food is not prohibited, to occupy a legally parked vehicle, and to have a reasonable expectation of privacy of their property.

The bill prohibits discrimination based on housing status.

The bill creates an exemption of the basic right to rest for people experiencing homelessness for any county, city, municipality, or subdivision that can demonstrate that, for 3 consecutive months, the waiting lists for all local public housing authorities contain fewer than 50 people.

The bill allows the general assembly to appropriate money from the marijuana tax cash fund to the department of local affairs for the purpose of enabling governmental entities that do not meet the exemption requirement to reduce the housing waiting lists to fewer than 50 people for at least 6 months per year.

The bill allows any person whose rights have been violated to seek enforcement in a civil action.


(Note: This summary applies to this bill as introduced.)

Status: 1/14/2019 Introduced In House - Assigned to Transportation & Local Government
Fiscal Notes Status: Fiscal note currently unavailable
Date Introduced: 2019-01-14

HB19-1107 Employment Support Job Retention Services Program 
Comment: 2/6
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Coleman / R. Fields | K. Priola
Summary:

The bill creates the employment support and job retention services program (program) within the division of employment and training (division) in the department of labor and employment (department) to provide emergency employment support and job retention services to eligible individuals in the state. The bill requires the director of the division (director) to contract with an entity to administer the program to provide reimbursement for employment support and job retention services provided to eligible individuals statewide. In order to be eligible for services for which a service provider may be reimbursed under the program, an individual must be 16 years of age or older, be eligible to work in the United States, have a household income that is at or below the federal poverty line, and be underemployed or unemployed and actively involved in employment preparation, job training, employment pursuit, or job retention activities. The director is required to establish procedures and guidelines to implement and set parameters for the operation of the program.

The general assembly is required to appropriate money annually to the employment support and job retention services cash fund created in the bill for allocation to the division to implement and operate the program. The department is authorized to accept gifts, grants, and donations for the implementation and operation of the program. The program is repealed, effective September 30, 2022.


(Note: This summary applies to this bill as introduced.)

Status: 1/14/2019 Introduced In House - Assigned to Business Affairs and Labor + Appropriations
1/14/2019 Introduced In House - Assigned to Business Affairs & Labor + Appropriations
1/30/2019 House Committee on Business Affairs & Labor Refer Unamended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-01-14

HB19-1117 Regulation Of Professions And Occupations Reform 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: S. Sandridge
Summary:

Current law requires the department of regulatory agencies to analyze whether to begin or continue the regulation of a profession or occupation based on several factors. The bill elaborates on these factors and requires the department to find a present, significant, and substantiated harm to consumers before recommending regulation. The bill further requires the department to recommend only the least restrictive regulation necessary to address the harm and sets guidelines for recommended regulation.
(Note: This summary applies to this bill as introduced.)

Status: 1/16/2019 Introduced In House - Assigned to Business Affairs and Labor + Appropriations
1/16/2019 Introduced In House - Assigned to Business Affairs & Labor + Appropriations
2/13/2019 House Committee on Business Affairs & Labor Postpone Indefinitely
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-01-16

HB19-1121 Fifth-year High School & ASCENT Program Students 
Comment: 2/6
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: J. McCluskie | D. Roberts
Summary:

Current law allows a school district to include in its pupil enrollment students who were enrolled in a school that was designated as an early college before June 6, 2018, and who, after completing 4 years of high school, enroll for the 2018-19 or 2019-20 budget year in postsecondary courses. The bill extends this authority for one year to include students who enroll in postsecondary courses for the 2020-21 budget year.

Under current law, the department of education (department) designates as ASCENT program participants qualified students who meet specified criteria. Beginning in the 2021-22 budget year, the bill directs the department to first designate from among the qualified students who meet the existing criteria each qualified student who meets additional criteria that indicate the student is likely to complete a high-demand postsecondary certificate or degree during the ASCENT program year. The concurrent enrollment advisory board must consult with several departments, the governing boards of state higher education institutions, and local education providers to develop guidelines for implementing the prioritization requirement.


(Note: This summary applies to this bill as introduced.)

Status: 1/16/2019 Introduced In House - Assigned to Education + Appropriations
2/12/2019 House Committee on Education Refer Amended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-01-16

HB19-1170 Residential Tenants Health And Safety Act 
Comment:
Position:
Calendar Notification: Wednesday, February 20 2019
GENERAL ORDERS - SECOND READING OF BILLS
(7) in house calendar.
Sponsors: D. Jackson | M. Weissman / A. Williams | J. Bridges
Summary:

Under current law, a warranty of habitability (warranty) is implied in every rental agreement for a residential premises, and a landlord commits a breach of the warranty (breach) if:

  • The residential premises is uninhabitable or otherwise unfit for human habitation;
  • The residential premises is in a condition that is materially dangerous or hazardous to the tenant's life, health, or safety; and
  • The landlord has received written notice of the condition and failed to cure the problem within a reasonable time.

The bill states that a landlord breaches the warranty if a residential premises is:

  • Uninhabitable or otherwise unfit for human habitation or in a condition that is materially dangerous or hazardous to the tenant's life, health, or safety; and
  • The landlord has received written or electronic notice of the condition and failed to commence remedial action by employing reasonable efforts within:
  • 24 hours, where the condition is materially dangerous or hazardous to the tenant's life, health, or safety; or
  • 72 hours, where the premises is uninhabitable or otherwise unfit for human habitation.

Current law provides a list of conditions that render a residential premises uninhabitable. To this list, the bill adds 2 conditions; specifically, a residential premises is uninhabitable if:

  • The premises lacks a functioning refrigerator, range, or oven, if the landlord provides any of these appliances pursuant to the rental agreement; or
  • There is mold that is associated with dampness, or there is any other condition causing the premises to be damp, which condition, if not remedied, would materially interfere with the health or safety of the tenant.

The bill grants to county courts and small claims courts jurisdiction to provide injunctive relief related to a breach.

Current law requires a tenant to serve written notice upon a landlord before the landlord may be held liable for a breach. The bill expands the acceptable form of such notice to include electronic notice.

The bill also:

  • States that if a tenant gives a landlord notice of a condition that is imminently hazardous to life, health, or safety the landlord, at the request of the tenant, shall move the tenant to a reasonably comparable unit under the control of the landlord or pay for a tenant to reside in a reasonably comparable temporary living location while the condition is being remedied or repaired;
  • Allows a tenant who satisfies certain conditions to deduct from one or more rent payments the cost to repair or remedy a condition causing a breach;
  • Repeals the requirement that a tenant notify a local government before seeking an injunction for a breach;
  • Repeals provisions that allow a rental agreement to require a tenant to assume certain responsibilities concerning conditions and characteristics of a premises;
  • Prohibits a landlord from retaliating against a tenant in response to the tenant having made a good-faith complaint to the landlord or to a governmental agency alleging a condition that renders the premises uninhabitable or any condition that materially interferes with the health or safety of the tenant; and
  • Repeals certain presumptions and specifies monetary damages that may be available to a tenant against whom a landlord retaliates.

If the same condition that substantially caused a breach recurs within 6 months after the condition is repaired or remedied, the tenant may terminate the rental agreement 14 days after providing the landlord written or electronic notice of the tenant's intent to do so.


(Note: This summary applies to this bill as introduced.)

Status: 2/5/2019 Introduced In House - Assigned to Public Health Care & Human Services
2/15/2019 House Committee on Public Health Care & Human Services Refer Amended to House Committee of the Whole
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-02-05

SB19-006 Electronic Sales And Use Tax Simplification System 
Comment: 1/16
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: A. Williams / T. Kraft-Tharp | K. Van Winkle
Summary:

Sales and Use Tax Simplification Task Force. The bill requires the office of information technology (office) and the department of revenue (department), within existing resources, to conduct a sourcing method in accordance with the applicable provisions of the procurement code, and any applicable rules, for the development of an electronic sales and use tax simplification system (system). The bill also requires the office and the department to involve stakeholders to develop the scope of work.

The bill requires the general assembly to make any necessary appropriations for the initial funding and ongoing maintenance of the system from any net sales tax revenues that is credited to the general fund.

The bill specifies that on and after the date the system is online the department is required to accept any returns and payments processed through the system for state sales and use tax and for any sales and use taxes that are collected by the department on behalf of any local taxing jurisdiction.

The bill specifies that it is the general assembly's intent that a certain number of local taxing jurisdictions with home rule charters voluntarily use the system when the system comes online. Additionally, the bill states that it is the general assembly's intent that all local taxing jurisdictions with home rule charters voluntarily use the system within a specified number of years.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/4/2019 Introduced In Senate - Assigned to Finance
1/22/2019 Senate Committee on Finance Refer Amended - Consent Calendar to Senate Committee of the Whole
1/25/2019 Senate Second Reading Passed with Amendments - Committee
1/28/2019 Senate Third Reading Passed - No Amendments
1/31/2019 Introduced In House - Assigned to Finance
2/11/2019 House Committee on Finance Refer Amended to Appropriations
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-01-04

SB19-097 Area Technical College Grant Program 
Comment: 2/6
Position: Support
Calendar Notification: Thursday, February 21 2019
SENATE EDUCATION COMMITTEE
1:30 PM SCR 352
(2) in senate calendar.
Sponsors: T. Story | D. Coram / J. McCluskie | M. Soper
Summary:

The bill establishes a grant program to provide money to area technical colleges (ATC) for specified capital construction and equipment purchases. An ATC may submit a request to the Colorado commission on higher education (commission). The commission may include the grant request in its budget request for ATCs in the following state fiscal year. If the ATC receives grant money, the ATC must submit a report back to the commission in any year in which it expends grant money.


(Note: This summary applies to this bill as introduced.)

Status: 1/23/2019 Introduced In Senate - Assigned to Education
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-01-24

SB19-103 Legalizing Minors' Businesses 
Comment: Skip
Position:
Calendar Notification: Wednesday, March 6 2019
Business Affairs & Labor
1:30 p.m. Room LSB-A
(1) in house calendar.
Sponsors: A. Williams | J. Tate / J. Coleman | T. Carver
Summary:

The bill prohibits any county, municipality, or city and county (local government) or any agency of a local government from requiring a license or permit for a business that is:

  • Operated on an occasional basis by a minor (a person under the age of 18 years); and
  • Located a sufficient distance from a commercial entity, determined by the local government, that is required to obtain a permit or license from the local government or an agency of the local government to prevent the minor's business from becoming a direct economic competitor of the commercial entity.

The bill defines "occasional basis" to mean the business does not operate more than 84 days in any one calendar year.

The bill specifies that it does not prohibit a local government from enacting and enforcing local laws under the local government's general police power in regard to the manner in which a business may be conducted by a minor with the exception of a requirement that the minor obtain a permit or license prior to engaging in the business.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 1/23/2019 Introduced In Senate - Assigned to Business, Labor, & Technology
2/11/2019 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
2/14/2019 Senate Second Reading Passed with Amendments - Floor
2/15/2019 Senate Third Reading Passed - No Amendments
2/15/2019 Introduced In House - Assigned to Business Affairs & Labor
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-01-24

SB19-130 Sales Tax Administration 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: B. Gardner / J. Rich | C. Larson
Summary:

The United States Supreme Court, on June 21, 2018, decided South Dakota v. Wayfair, Inc., et al. , overruling 2 previous United States Supreme Court cases that stood for the rule that a state could not require an out-of-state retailer to collect sales tax if the retailer lacked physical presence in the state. Because of the Wayfair decision, states can require retailers without physical presence in the state to collect sales tax on purchases made by in-state customers so long as the sales tax system in the state is not too burdensome for the out-of-state retailer. The bill simplifies the state sales tax system for retailers without physical presence by:

  • Not requiring retailers without physical presence that only transact limited business in Colorado to collect sales tax;
  • Specifying that only the state's sales tax base, not a local sales tax base, will apply to all sales made by retailers without physical presence;
  • Requiring that the department of revenue (department) be responsible for all state and local sales tax administration and return processing, including the establishment of a single form for returns;
  • Specifying that a central audit bureau is the sole entity within the state that is responsible for auditing retailers without physical presence and specifying that the central audit bureau be developed by the department in coordination with local taxing jurisdictions;
  • Establishing that sales are taxed based on where the goods are delivered (destination sourcing) for all sales made by retailers without physical presence in the state, including local taxing jurisdictions, but specifying that destination sourcing is not required for sales made by Colorado retailers;
  • Requiring the department to provide information to retailers without physical presence that indicates the taxability of products and services along with any product and service exemptions from sales tax in the state;
  • Requiring the department to provide retailers without physical presence a sales tax rate database and a database of local taxing jurisdiction boundaries;
  • Requiring the department to make available free-of-charge software that calculates sales taxes due on each transaction at the time the transaction is completed, files sales tax returns, and updates to reflect any tax rate changes for the state or any local taxing jurisdiction;
  • Allowing the department to contract with one or more certified software providers without regard to the procurement code to provide the software or provide access to the software;
  • Allowing a retailer to elect to collect and remit sales tax on its own, without using the services of a certified software provider, or allowing a retailer to elect to use the services of a certified software provider;
  • Specifying that, in providing the software free of charge, the contracts negotiated between the department and the certified software providers must provide that all or a portion of the vendor fee may not be retained by the retailer electing to utilize the services of a certified software provider but will instead be retained by the certified software provider as payment for its services;
  • Requiring the department to establish certification procedures for persons to be approved as certified software providers; and
  • Providing the required relief of liability for errors to retailers without physical presence and other retailers utilizing the software.

The bill allows local taxing jurisdictions governed by a home rule charter to opt in by passing an ordinance, resolution, or accepting the state's administration and distribution of its local sales tax on sales made by retailers without physical presence that is collected and remitted by such sellers in accordance with the bill.


(Note: This summary applies to this bill as introduced.)

Status: 2/4/2019 Introduced In Senate - Assigned to Finance
2/12/2019 Senate Committee on Finance Committee Vote - Final Action Failed
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-02-05

SB19-131 Exempt Certain Businesses From Destination Sourcing Rule 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: R. Woodward / K. Van Winkle | J. Arndt
Summary:

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.)

Status: 2/4/2019 Introduced In Senate - Assigned to Finance
Fiscal Notes Status: Fiscal impact for this bill
Date Introduced: 2019-02-05

SB19-135 State Procurement Disparity Study 
Comment:
Position:
Calendar Notification: Monday, February 25 2019
SENATE BUSINESS, LABOR, AND TECHNOLOGY COMMITTEE
1:30 PM SCR 354
(1) in senate calendar.
Sponsors: A. Williams | R. Rodriguez / J. Buckner | B. Buentello
Summary:

To ascertain whether disparities exist between the participation of historically underutilized businesses and other businesses in the state procurement system, the bill directs the department of personnel to contract for a disparity study of the Colorado procurement process and to make recommendations to address any discrepancies identified by the study.

The final report including the findings and recommendations from the study must be provided to the members of the general assembly and the executive director of the department of personnel (executive director) no later than December 1, 2020. The bill directs the executive director to transmit a copy of the final report to the minority business office, which shall post the report on its official website. In addition, the executive director is required to include the findings and recommendations from the study in its report to the applicable house and senate committees of reference during its hearing pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".

The executive director is required to develop a method to track the number and percentage of all contracts entered into by all principal departments of the executive branch of state government, institutions of higher education, and the Colorado commission on higher education that are awarded during any calendar year to a historically underutilized business. The executive director is also required to make such information available on the department of personnel's website.

Any entity that is subject to the disparity study is required to respond to a request for information in connection with the study as soon as possible after receiving the request.


(Note: This summary applies to this bill as introduced.)

Status: 2/8/2019 Introduced In Senate - Assigned to Business, Labor, & Technology
Fiscal Notes Status: Fiscal note currently unavailable
Date Introduced: 2019-02-08

SB19-138 Bond Requirements For Public Projects Using Private Financing 
Comment:
Position:
Calendar Notification: Thursday, February 28 2019
SENATE FINANCE COMMITTEE
Upon Adjournment SCR 357
(1) in senate calendar.
Sponsors: F. Winter | K. Priola / S. Bird
Summary:

Under current law, when a person, company, firm, corporation, or contractor (contractor) enters into a contract with a county, municipality, school district, or, in some instances, any other political subdivision of the state to perform work in connection with a project that has specified characteristics, the contractor is required to execute performance bonds and payment bonds.

The bill specifies that these bonding requirements apply to all construction contracts situated or located on public real property using public or private money or public or private financing.


(Note: This summary applies to this bill as introduced.)

Status: 2/12/2019 Introduced In Senate - Assigned to Finance
Fiscal Notes Status: Fiscal note currently unavailable
Date Introduced: 2019-02-12