July 19, 2018

Bills Signed Regarding Appropriating Retail Marijuana Sales Tax to Schools, Clarifying Standard for Deceptive Trade Practices, and More

On Thursday, March 15, 2018, the governor signed 15 bills into law. To date, he has signed 55 bills this legislative session. Many of Thursday’s bills involved the relocation of statutes from Title 12. Some of the other bills signed include a bill to clarify which entities are eligible to apply for special event beverage licenses, a bill appropriating retail marijuana sales tax to schools, a bill changing the date of special district elections to May every-other year, and more. The bills signed Thursday are summarized here.

  • HB 18-1027 – “Concerning the Nonsubstantive Relocation of Laws Related to the Regulation of the Lottery from Title 24, Colorado Revised Statutes, to a New Title 44 as Part of the Organizational Recodification of Title 12,” by Rep. Cole Wist and Sen. Daniel Kagan. The bill creates Title 44 and relocates the sections of Title 12 related to the regulation of the lottery to Title 44.
  • HB 18-1028 – “Concerning Clarification of the Standard Required for Applications for a Court Order to Require Compliance with Investigations of Deceptive Trade Practices,” by Reps. Tracy Kraft-Tharp & Cole Wist and Sens. Lois Court & Jack Tate. The bill would allow a judge to issue a court order if compliance with an investigation is necessary to investigate a deceptive trade practice.
  • HB 18-1039 – “Concerning Changing Regular Special District Elections to May of Each Odd-numbered Year, and, in Connection Therewith, Adjusting the Length of Terms Served by Directors Elected in 2020 and 2022 in Order to Implement the New Election Schedule,” by Rep. Kim Ransom and Sen. Bob Gardner. The bill moves regular special district elections to the Tuesday following the first Monday of May in odd-numbered years, rather than the Tuesday immediately succeeding the first Monday of May in every even-numbered year, starting in 2023.
  • HB 18-1087 – “Concerning Department of Public Safety Authority to Repeal Rules Relating to Defunct Boards,” by Rep. Dan Thurlow and Sens. Don Coram & Daniel Kagan. The victims compensation and assistance coordinating committee and the victims assistance and law enforcement advisory board in the department of public safety were repealed in 2009. The bill gives the executive director of the department of public safety the authority to repeal rules relating to those repealed boards.
  • HB 18-1096 – “Concerning the Eligibility of Certain Entities to Apply for a Special Event Permit to Sell Alcohol Beverages,” by Rep. Matt Gray and Sen. Kevin Priola. The bill adds to the list of organizations authorized to obtain a special event permit to sell alcohol beverages for a limited period an organization that is incorporated under Colorado law for educational purposes.
  • HB 18-1100 – “Concerning the Continuous Appropriation of Money in the Educator Licensure Cash Fund,” by Rep. Millie Hamner and Sen. Kent Lambert. The bill extends the continuous appropriation of money to the State Board of Education and the Department of Education (Department) for its expenses incurred in the administration of the “Colorado Educator Licensing Act of 1991” for three more years.
  • HB 18-1101 – “Concerning Modification of the Manner in which Gross Retail Marijuana Tax Revenue that is Transferred from the General Fund to the State Public School Fund as Required by Current Law is Appropriated from the State Public School Fund,” by Rep. Millie Hamner and Sen. Kent Lambert. Beginning in the 2018-19 fiscal year, the bill requires 12.59% of the gross retail marijuana sales tax revenue remaining in the general fund after a required allocation of 10% of the revenue to local governments to be transferred to the state public school fund, and continuously appropriates that revenue for the same state fiscal year in which it is transferred from the state public school fund to the department of education to help meet the state share of total program funding for school districts and institute charter schools.
  • HB 18-1140 – “Concerning Public Official Personal Surety Bonds, and, in Connection Therewith, Repealing Obsolete Provisions and Authorizing the Purchase of Insurance in Lieu of Public Official Personal Surety Bonds,” by Rep. Hugh McKean and Sen. Dominick Moreno. The bill repeals obsolete provisions related to personal surety bonds and authorizes a public entity to purchase insurance in lieu of a public official personal surety bond and states the requirements for the insurance.
  • SB 18-036 – “Concerning the Nonsubstantive Relocation of Laws Related to the Regulation of Tobacco Sales to Minors from Title 24, Colorado Revised Statutes, to a New Title 44 as Part of the Organizational Recodification of Title 12, and, in Connection Therewith, Making an Appropriation,” by Sen. Daniel Kagan and Rep. Cole Wist. The bill creates Title 44, then relocates the sections of Title 24 regarding the regulation of tobacco sales to minors to Title 44.
  • SB 18-091 – “Concerning Modernizing Terminology in the Colorado Revised Statutes Related to Behavioral Health,” by Sen. Beth Martinez Humenik and Rep. Dan Thurlow. The bill is a follow-up and clean-up to Senate Bill 17-242, which updated and modernized terminology in the Colorado Revised Statutes related to behavioral health, including mental health disorders, alcohol use disorders, and substance use disorders.
  • SB 18-092 – “Concerning Updating Statutory References to ‘County Departments of Social Services,'” by Sen. Beth Martinez Humenik and Rep. Edie Hooten. The bill modernizes outdated references in statute to “County Department(s) of Social Services,” or similar terms, to “County Department(s) of Human or Social Services.” Counties throughout the state have different ways of referring to the department in the county that does human or social services work, so it is necessary for statute to reflect that not all county departments go by one label.
  • SB 18-094 – “Concerning the Repeal of a Duplicate Definitions Section in Article 60 of Title 27, Colorado Revised Statutes,” by Sen. Beth Martinez Humenik and Rep. Edie Hooten. The bill repeals section 27-60-102.5, Colorado Revised Statutes, which is a duplicate definitions section for general provisions related to behavioral health found in article 60 of title 27, Colorado Revised Statutes. The bill leaves in place section 27-60-100.3, Colorado Revised Statutes, enacted by Senate Bill 17-242.
  • SB 18-100 – “Concerning Disclosure of Additional Mandatory Charges by Motor Vehicle Rental Companies,” by Sen. Tim Neville and Reps. Tracy Kraft-Tharp & 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.
  • SB 18-103 – “Concerning the Issuance of Performance-based Incentives for Film Production Activities in the State,” by Sens. Nancy Todd & Jim Smallwood and Reps. Tracy Kraft-Tharp & Timothy Leonard. The bill strengthens the requirements necessary to earn performance-based incentives for film production activities in the state in various ways.
  • SB 18-164 – “Concerning the Repeal of Reporting Requirements for Certain Unfunded Programs in the Department of Human Services Until Such Time as Funding is Received,” by Sen. Dominick Moreno and Rep. Dan Thurlow. The bill directs that reporting requirements for programs established in the department of human services that have not received funding in several years be placed on hold until such time as the program receives funding.

For all of the governor’s 2018 legislative decisions, click here.