Highlights of the 2010 Legislative Session
| Publication year | 2010 |
| Pages | 19 |
2010, July, Pg. 19. Highlights of the 2010 Legislative Session
July 2010
Vol. 39, No. 7 [Page 19]
About the Author
Michael A. Valdez is the CBA Director of Legislative Relations-(303) 824-5309, mavaldez@cobar.org. Readers are encouraged to contact Michael any time they would like more information in the legislative arena.
The Colorado Bar Association (CBA) was active in a number of bills in the 2010 Colorado legislative session. This article provides information on notable legislation the CBA addressed in the legislative session that concluded in May. A more comprehensive review of legislation from the 2010 session will appear in the August issue of The Colorado Lawyer. The "Legislative Update" will feature summaries of legislation that affects the legal profession by area of practice.
Overview
Several issues left their mark on the 2010 legislative session, none more prominent than the significant budget deficits that brought more cuts to state services, as well as reductions to or the elimination of tax exemptions for businesses. In terms of raw numbers, the legislature balanced the budget by making cuts amounting to nearly $2 billion ($3.5 billion during the past two fiscal years). Part of the budget balancing efforts involved the reduction or elimination of eleven tax exemptions for businesses. The legislature sifted through roughly $2.2 billion of exemptions and eliminated approximately $140 million of them.
The headlines seemed to focus on tax exemptions for businesses like amazon.com and commodities like candy and soda pop, however, the tax-related list before the legislature included the following: H.B. 1189, eliminate a sales tax exemption on direct-mail materials; H.B. 1190, suspend a sales tax exemption on energy used in the industrial process; H.B. 1191, eliminate the sales tax exemption on candy and soda; H.B. 1192, repeal a sales tax regulation that imposed a sales tax exemption on downloaded software; H.B. 1193, attempt to collect sales tax on out-of-state online retail sales in the same way online sales made by retailers with physical locations in Colorado are subject to sales tax; H.B. 1194, eliminate a sales tax exemption on nonessential food-related items purchased by restaurants, such as paper napkins, plastic forks, and cardboard containers. H.B. 1195, suspend a sales tax exemption on agricultural compounds, such as pesticides and bull semen; H.B. 1196, limit an income tax credit for alternative-fuel vehicles; H.B. 1199, temporarily limit the amount of net operating losses companies can carry forward on their taxes. There were hard-fought battles on budget cuts and government spending in committees and on the floor of both houses on how best to balance the state budget.
Other Notables
In the 2010 session, the Colorado Legislature addressed medical marijuana by establishing licenses for dispensaries and allowing cities and counties to ban marijuana businesses. Also, teacher tenure dominated much of the discussion in the last thirty days of the session. Ultimately, the legislature created a system to evaluate teachers and principals based on how students perform; teachers who do not measure up can be fired.
2010 CBA-Sponsored Legislation
This section features a discussion of CBA-sponsored bills from the 2010 legislative session. The term "sponsorship" means that proposed legislation has undergone extensive study and review by the sections and committees of the CBA. The term also assumes that ultimate responsibility for the legislation rests with the CBA with regard to solicitation of legislators to carry the bill, scheduling of witnesses, and lobbying to ensure its passage.
S.B. 199-Concerning Probate Code revisions
Sponsored by Sen. Carroll and Rep. Court
In the 2009 legislative session, amendments to the Uniform Probate Code (UPC III) were enacted based on legislation drafted and recommended by the National Conference of Commissioners on Uniform State Laws (NCCUSL). The effective date of last year's H.B. 09-1287 was delayed to July 1, 2010 to give the CBA time to review the act and recommend Colorado-specific changes. This bill reflects those changes to last year's uniform legislation.
These amendments to the Probate Code are primarily technical in nature.
Uniform law official comments
* as a non-statutory matter, adds the publication of the official comments issued by the NCCUSL to the Colorado Probate Code
Cost-of-living adjustments
* establishes cost-of-living adjustments to various allowances granted in the...
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