Advocacy & Legal
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The Statehouse Report is published every Monday during the Legislative Session. New episodes will not be airing during the current legislative adjournment.
CML produces position papers on bills throughout the legislative session. Click here to view.
- Take a look at CML's priorities for the 2020 Legislative Session.
Legislative Kickoff Webinar
Check out the recording of our Legislative Kickoff Webinar for information on CML's legislative priorities and session information.
Twice before, the General Assembly has considered legislation that purported to allow local governments (municipalities and counties) in Colorado the ability to set a minimum wage different than the state minimum wage. Each time, the legislation failed in a split legislature. In 2019, a different outcome is likely.Read Legislative Matters
Digital motion pictures subject to municipal use taxes in Aurora case
January 6, 2020
On two prior occasions, the Colorado Court of Appeals has affirmed that motion picture film reels obtained by commercial movie theaters are subject to municipal use taxes. Now that the technology has changed and most theaters have switched to digital projection, the result is the same. The data file on the hard drive leased to the movie theater remains tangible personal property subject to use taxes, so said the court of appeals on January 2 in a case arising out of the City of Aurora. As in the earlier cases, the court went on to hold that the rental of the digital files by the theaters cannot be viewed as a purchase for resale, nor are the digital files viewed as part of a manufacturing process. Finally, there is no “double-taxation” problem when patrons are charged a sales or admission tax to view the movie. The use tax on the value of the data files is paid by the business. The admissions tax on the privilege of viewing the movie is paid by the customers.
Federal District Court rules on Sidewalk Liability under ADA Title II
March 10, 2020
In a February 21 ruling in the ongoing case of Hamer v. City of Trinidad, U.S. Magistrate Judge Nina Wang held for the first time in the Tenth Circuit that municipal sidewalks are among the “public services, programs, or activities” covered by Title II of the Americans with Disabilities Act. Last year in the same case, the Tenth Circuit Court of Appeals held that each day a “program, service or activity” remains out of compliance with Title II of the ADA constitutes a “repeated violation,” essentially preventing the statute of limitation from running as long as the violation continues to exist. Hamer v. City of Trinidad, 924 F.3d 1093 (10th Cir. 2019); cert. denied (2019)(CML, with the assistance of the Colorado Springs City Attorney’s Office, participated as amicus in this case).
New in the Courts
University of Colorado Board of Regents violated CORA by Withholding Five Interviewees’ Application Materials from the Boulder Daily Camera
March 24, 2020A March 6 ruling out of the Denver District Court found that the University of Colorado Board of Regents violated the Colorado Open Records Act (CORA) and Open Meetings Law (OML) when it disclosed only one name and withheld five others from a Boulder Daily Camera CORA request. In the University of Colorado’s 2019 search for a new President, the Board of Regents announced one name—Mark Kennedy—as its sole finalist, although the Regents interviewed six candidates total out of a broader pool of applicants identified by an executive search firm. CORA and OML require all public bodies in the state to announce the “finalists” when filling an “executive position.”
2019 Laws Enacted is Available