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Fertilizer Tax Exemption Highlights 2019 Legislative Session

The 2019 Colorado General Assembly Legislative Session concluded on May 3rd. There were 654 bills introduced, 136 bills died and the Governor signed 368 bills into law and vetoed 5 bills. For the first time in 20 years the legislature worked on the weekend. Throughout the session Colorado business community found themselves on the defensive. There were a few things that were priorities of leadership and the Governor’s office that did not pass which we will see comeback next year.

We are proud to report that HB19-1329, a bill that exempts wholesale greenhouses from paying sales tax on fertilizer was passed and signed by Governor Polis. This is a huge win for our industry and will save thousands of dollars to member companies. For more information on specific bills, read the full summary report.

Fertilizer Receives Tax Exempt Status

CNGA has been working closely with Hicks & Associates, our lobbyist via GreenCO on HB19-1329 to exempt wholesale companies from paying tax on fertilizer inputs. We’re happy to report the bill passed and is headed to the Governor for signature!

During an audit with the Department of Revenue, a CNGA member was informed that they would need to pay sales tax on fertilizer inputs. The member contacted CNGA and we started research. Through our research, we found that Colorado Revised Statute 35-12-103 (30) considers fertilizers used at nurseries & greenhouses as “specialty fertilizers” and therefore are not tax exempt. Since our industry is considered agriculture, and all of the other agriculture industries are exempt, we took action . . .

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Family Medical Leave Insurance Legislation

On April 23, 2019, SB19-188 the Family Medical Leave Insurance Program (FAMLI) was heard for the second time on the Senate Floor. This Bill will have a significant impact on Colorado businesses. The Bill creates the Family and Medical Leave Insurance (FAMLI) Program and the Division of Family and Medical Leave Insurance in the Department of Labor and Employment to provide partial wage replacement benefits to an eligible individual who takes leave from work:

  • To care for a new child or a family member with a serious health condition;
  • Because the eligible individual is unable to work due to the individual's own serious health condition or because the individual or a family member is the victim of abusive behavior; or
  • Due to certain needs arising from a family member's active duty service.

Each employee will pay 40% of a premium and the employer will pay 60% the cost of a premium as specified in the Bill. The premium will be based . . .

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