An informational and educational resource for the Colorado General Assembly by the Office of Legislative Legal Services.
by Richard Sweetman
No, Colorado does not have a “Stand Your Ground” law. We have a “Make My Day” law.
Wait; I’m serious. Let me explain. (more…)
by Chuck Brackney
Fourth in a series focusing on the organization of state government. Click here for DORA – Part 1, Secretary of State – Part 2, and Education – Part 3.
The Colorado Department of Revenue (DOR) is among those agencies that have responsibilities for a wide-ranging number of programs. While it’s not surprising that they are in charge of collecting taxes, they also have several less-obvious areas of expertise, from motor vehicles and driver’s licenses to liquor regulation and the state lottery. DOR also has the authority to regulate medical marijuana and will take over a similar task for retail marijuana when its sale and use becomes legal in 2014. (more…)
by Esther van Mourik
A panel of the U.S. 10th Circuit Court of Appeals in Denver recently ruled on the so-called “Amazon tax” in the DMA v. Barbara Brohl case. The ruling was a blow to out-of-state retailers seeking to avoid meeting certain reporting requirements or having to collect state sales tax from its Colorado customers on their purchases. (more…)
by Julie Pelegrin
You’ve worked hard to get your bill through both houses and onto the Governor’s desk. You worked with your colleagues on amendments to be sure the bill language clearly and explicitly said just what you intended. Now, the act is signed and on its way to implementation and you can rest easy. Right? Hopefully right. But there may be some people who don’t agree on what this new statute means or on what your carefully crafted language says. Some of these disagreements may be so serious that someone files a lawsuit asking the court to interpret the precise meaning of this new statute. How is the court going to interpret your bill and decide what it means? (more…)
by Kate Meyer
At this point in the summer, the 2013 legislative interim committees are well underway. So far, the committees have spent much of their time getting organized and gathering information through meetings and tours that they have conducted both in the Capitol and around the state. (more…)
by Jason Gelender
As of August 29, 2013, eleven Northeastern and Eastern Colorado counties (Cheyenne, Elbert, Kit Carson, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, Weld, and Yuma) and Moffat County in the Northwestern corner of Colorado have expressed interest in seceding from Colorado and forming the new state of North Colorado. Ten of the counties will submit the following ballot question to their voters at the November, 2013 election: (more…)
by Richard Sweetman
On March 20, 2013, Governor John Hickenlooper signed into law HB13-1224, prohibiting large-capacity ammunition magazines, and HB13-1229, requiring background checks for private transfers of firearms. Two months later, a group of plaintiffs — including 55 of the 62 county sheriffs of Colorado — filed suit against the Governor in federal district court, asserting that several provisions of HB13-1224 and HB13-1229 are unconstitutional or unconstitutionally vague. (more…)
by Julie Pelegrin
The Department of Education stands out as an anomaly among the 19 executive branch agencies: it is the only executive branch agency that is not under the direct control of the Governor or another single, statewide-elected officer. The Department of Education is led by the State Board of Education, whose seven members are elected from around the state, and the Commissioner of Education, who is appointed by the State Board. Because both the State Board and the Commissioner are established in the state constitution, the Department of Education is as indispensable as the executive branch agencies that are led by elected state officers. (more…)
by Michael Dohr
One of the many challenges the General Assembly faced during the 2013 session was implementing Amendment 64. The General Assembly started with the recommendations developed by the Governor’s Amendment 64 implementation task force and the existing Colorado medical marijuana framework. That led to three bills implementing Amendment 64 – House Bills 1317 and 1318 and Senate Bill 283. One bill addressed the regulatory framework, a second addressed the taxation issues, and the third addressed miscellaneous issues recommended by the Governor’s task force.
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by Kate Meyer
Second in a series focusing on state government organization. For Part 1 (DORA), click here
Introduction
Although the Department of State is officially contained within the statutory “Administrative Organization Act of 1968”, the organization is fundamentally related to the state constitution through its leader: the Secretary of State. This position is one of five “absolutely indispensable” executive branch officers specifically enumerated under Article IV, Section 1 of the Colorado constitution. (more…)