Colorado Bills

Current law requires every driver of and every front-seat passenger in a motor vehicle equipped with a safety belt system to wear a fastened safety belt while the motor vehicle is being operated. The bill extends this requirement to every passenger in a motor vehicle. Current law provides that a law enforcement officer may not cite a driver of a motor vehicle for a failure to wear a safety belt unless the driver was stopped for a different alleged traffic violation. The bill repeals this limitation, allowing a law enforcement officer to stop and cite a driver solely for a failure to wear a safety belt.(Note: This summary applies to this bill as introduced.) , Read More

For the fiscal year 2017-18 and each fiscal year thereafter, the general fund reserve required by law is currently equal to 6.5% of the amount appropriated for expenditure from the general fund. The bill increases the general fund reserve to: 7% for the fiscal year 2018-19; 7.5% for the fiscal year 2019-20; and 8% for the fiscal year 2020-21 and each fiscal year thereafter.(Note: This summary applies to this bill as introduced.) , Read More

Currently, regulation of an emergency medical service provider, including a paramedic, is referred to as certification. Section 1 of the bill changes 'certification' references to 'licensure'. Section 2 requires an emergency medical service provider applying for a new license or renewing, reinstating, or reactivating a license to comply with the 'Michael Skilnik Medical Transparency Act of 2010'. Sections 3 to 29 make conforming amendments.(Note: This summary applies to this bill as introduced.) , Read More

Current law establishes and requires an annual adjustment of the minimum wage for certain employees. The bill allows an applicant for employment or an employee to negotiate a different wage that is agreeable to the employer and the applicant or employee. The bill requires employers to post a notice of the right to negotiate wages. (Note: This summary applies to this bill as introduced.) , Read More

Under current law, courts collect a $5 surcharge on certain court fees, and the surcharge is credited to the court security cash fund. The surcharge is imposed on: Docket fees and jury fees for specified civil actions; Docket fees for criminal convictions; Filing fees for specified probate filings; Docket fees for specified special proceeding filings; Fees for specified filings in water matters; and Docket fees for specified traffic infraction penalties. The bill increases the surcharge to $10, thereby increasing each of these fees by $5. On and after the effective date of the bill, for each $10 surcharge credited to the fund, the state court administrator shall award $5 to the court that collected the fee upon which the surcharge was assessed. (Note: This summary applies to this bill as introduced.) , Read More

The bill states that each entity of the state government and each entity of the government of each city, county, and city and county (government entity) shall broadcast its dispatch radio communications without encryption such that the communications may be monitored by commercially available radio receivers and scanners; except that: A government entity may encrypt tactical radio communications or investigative radio communications so long as the encryption is necessary to preserve the tactical integrity of an operation, protect the safety of law enforcement officers or other emergency responders, or prevent the destruction of property; and An investigative unit of a government entity engaged in the investigation of criminal conduct or potential criminal conduct may encrypt its radio communications. Any government entity that encrypts any of its dispatch radio communications shall disclose on its public website and make available for public inspection a list of its radio communication channels, a description of the functions allocated to those channels, and an indication of which of the channels are always encrypted or sometimes encrypted. In describing the functions of the channels, the government entity shall indicate whether each channel is used for tactical radio communications or investigative radio communications. Any person has standing to bring an action for injunctive relief in district court against any sheriff, chief of police, fire chief, or other administrative head of any government entity for an allegedly unlawful encryption of dispatch radio communications. Any person who monitors dispatch radio communications of a government entity for the purpose of perpetrating or attempting to perpetrate criminal activity or assisting another person in the furtherance of criminal activity commits a class 3 misdemeanor. (Note: This summary applies to this bill as introduced.) , Read More

Senate Bill 17-267 exempted retail marijuana sales from the 2.9% general state sales tax and, as previously authorized by voter approval, increased the rate of the state retail marijuana sales tax, a special sales tax that is levied only on retail marijuana sales, from 10% to 15%, effective July 1, 2017. Under current state law, certain limited purpose governmental entities that either currently levy sales tax, are authorized by statute to levy sales tax but do not currently do so, or will be authorized to levy sales tax if they are established in the future as authorized by current law (affected entities) may levy sales tax only on transactions on which the state levies the general state sales tax. By exempting retail marijuana sales from the general state sales tax, effective July 1, 2017, Senate Bill 17-267 thus also inadvertently exempted such sales from both sales taxes currently levied by affected entities and sales taxes that either existing affected entities that do not currently levy sales tax or not yet established affected entities might levy in the future. Affected entities that currently levy sales tax include the regional transportation district, the scientific and cultural facilities district, 5 metropolitan districts, 5 regional transportation authorities, one health services district, and one multijurisdictional housing authority. The bill clarifies that notwithstanding the exemption of retail marijuana sales from the general state sales tax, all affected entities that levy sales tax shall tax retail marijuana sales. (Note: This summary applies to this bill as introduced.)

The bill requires an oil and gas operator to give electronic notice, in a format and by a deadline established by the Colorado oil and gas conservation commission by rule, of the location of each flow line, gathering pipeline, and transmission pipeline installed, owned, or operated by the operator to the director of the commission and each local government within whose jurisdiction the subsurface facility is located. The commission shall post the information on its website in a searchable database. The commission recently promulgated several rules to implement 2 of the recommendations of the governor's oil and gas task force. The bill also codifies some of the essential elements of one of the 2 recommendations, with the following modifications: The rules require operators to share their development plans with municipalities where the proposed operations will occur; and the bill adds counties where the proposed operations will occur. (Note: This summary applies to this bill as introduced.)

On and after July 1, 2017, section 4 of the bill requires 10% of the net revenue generated by existing state sales and use taxes to be credited to the highway users tax fund, paid to the state highway fund for allocation to the department of transportation (CDOT), and spent by CDOT first to make payments due on any transportation revenue notes (TRANs) issued, subject to voter approval, as required by section 7 and, to the extent not needed for that purpose, for highway purposes or highway-related capital improvements as specified in section 6. Section 7 requires the submission of a ballot question to the voters of the state at the November 2017 statewide election, which, if approved, requires the executive director of CDOT to issue TRANs in a maximum principal amount of $3.5 billion and with a maximum repayment cost of $5.5 billion. TRANs must have a maximum repayment term of 20 years and must be paid first from the net state sales and use tax revenue paid to the state highway fund and allocated to CDOT by section 4 and thereafter from any legally available money under the control of the transportation commission. Section 8 requires TRANs proceeds to be used only to provide sufficient funding for the completion of economically and regionally significant state highway system projects throughout the state, including a specific list of projects. Section 2 eliminates required statutory transfers from the general fund to the capital construction fund and the highway users tax fund for state fiscal years 2017-18, 2018-19, and 2019-20. Section 3 requires CDOT rules that govern the consideration of contractor bids for CDOT projects to require consideration of all bids submitted by prequalified contractors and prohibit shortlisting. Section 5 requires CDOT, with respect to any transportation projects for which it awards a competitively bid contract on or after July 1, 2018, to report on its public website within 30 days of the contract award and maintain on its website for at least one year thereafter all information, excluding specific corporate financial information, from all bidders submitted in response to its invitation for bids for the project.(Note: This summary applies to this bill as introduced.)

The bill separately defines and clarifies the term 'construction defect' in the 'Construction Defect Action Reform Act'. (Note: This summary applies to this bill as introduced.)

In a construction defect action in which more than one insurer has a duty to defend a party, the bill requires the court to apportion the costs of defense, including reasonable attorney fees, among all insurers with a duty to defend. An initial order apportioning costs must be made within 90 days after an insurer files its claim for contribution, and the court must make a final apportionment of costs after entry of a final judgment resolving all of the underlying claims against the insured. An insurer seeking contribution may also make a claim against an insured or additional insured who chose not to procure liability insurance for a period of time relevant to the underlying action. A claim for contribution may be assigned and does not affect any insurer's duty to defend. (Note: This summary applies to this bill as introduced.)