NOTE: The governor signed this measure on 3/18/2016.
      
      
      SENATE BILL 16-050
      
      
      BY SENATOR(S) Neville T. and Jahn, Carroll, Aguilar, Baumgardner,
      Cooke, Crowder, Donovan, Grantham, Guzman, Heath, Hill, Hodge,
      Holbert, Kefalas, Lambert, Lundberg, Marble, Martinez Humenik,
      Merrifield, Newell, Roberts, Scheffel, Scott, Sonnenberg, Steadman, Tate,
      Todd, Woods, Cadman;
      also REPRESENTATIVE(S) Saine and Ryden, Kraft-Tharp, Nordberg,
      Primavera, Brown, Garnett, Mitsch Bush, Moreno, Neville P., Pettersen,
      Van Winkle, Hullinghorst.
      
      
      Concerning a hold harmless provision for retailers liable for
           any money payable as a result of an incorrect location
           code assigned by the department of revenue.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 39-26-103, add (2.5)
      as follows:
      
           39-26-103.  Licenses - fee - revocation - definition. (2.5) (a)  If a
      retailer obtains a license as required in this section in good faith,
      the retailer provides an address that correctly indicates the
      location of the business, the department of revenue assigns an
      incorrect location code to the retailer, and the retailer in good
      faith collects and remits sales taxes for the local jurisdictions
      represented by the assigned location code, then notwithstanding
      this section, section 39-26-105, or 39-26-118, the retailer is held
      harmless for any tax, charge, penalty, interest, or fee payable as
      a result of failing to collect and remit sales taxes for a local
      jurisdiction due to the incorrect location code.
      
           (b)  For purposes of this subsection (2.5), "location code"
      means the code assigned by the department of revenue to a
      retailer, based on the business address, when the retailer obtains
      a sales tax license as required in this section and represents the
      geographic region of the state and the local sales taxes that the
      retailer is required to collect and remit for such region, or
      means any successor system used by the department to identify
      the local sales taxes that a retailer is required to collect and
      remit based on the business location.
      
           SECTION 2.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Bill L. Cadman                Dickey Lee Hullinghorst
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Effie Ameen                            Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO