Under current law, a child is neglected or dependent if the child's environment is injurious to the child's health or welfare. The act clarifies that a child is not neglected when allowed to participate in certain independent activities that a reasonable and prudent parent, guardian, or legal custodian would consider safe given the child's maturity, condition, and abilities. (Note: This summary applies to this bill as enacted.)
A child welfare appeals workgroup was established in the state judicial department that made recommendations for changes in 2021. The act requires the child welfare appeals workgroup to monitor those changes, study changes to the child welfare appeals system, and submit reports in January 2023 and July 2024. The act requires the district court to make written orders within 35 days after a hearing. (Note: This summary applies to this bill as enacted.)
The act prohibits a person from openly carrying a firearm within any polling location or central count facility, or within 100 feet of a ballot drop box or any building in which a polling location or central count facility is located, while an election or any related ongoing election administration activity is in progress. The designated election official responsible for any central count facility, polling location, or drop box involved in that election cycle shall visibly place a sign notifying persons of the 100-foot no open carry zone for firearms. Exceptions are made for persons who own private property within the 100-foot buffer zone to carry a firearm on the private property; peace officers acting within the scope and authority of their duties to carry a firearm; and uniformed security guards employed by a contract security agency acting within the scope of the authority granted by and in the performance of a contractual agreement for the provision of security services with a person or entity that owns or controls the facility, building, or location. Openly carrying a firearm inside or within 100 feet of a polling location, central count facility, or drop box is a misdemeanor, punishable by a maximum $1,000 fine, up to 364 days imprisonment in the county jail, or both; except that, for a first offense, the fine shall not exceed $250 and the sentence of imprisonment shall not exceed 120 days. (Note: This summary applies to this bill as enacted.)
The act adds court reporters to the list of professionals who may administer oaths or affirmations. (Note: This summary applies to this bill as enacted.)
The total compensation philosophy for employees in the state personnel system is modified to specify that it is the policy of the state to provide innovative total compensation that meets or exceeds total compensation provided by public or private sector employers to officers and employees in the state personnel system to ensure the recruitment, motivation, and retention of a qualified and competent workforce. References to "prevailing" total compensation and "prevailing practices" in connection with state employee benefits are eliminated. (Note: This summary applies to this bill as enacted.)
The fire and police pension association (association) administers a number of retirement plans for police officers and firefighters throughout the state, including the statewide defined benefit plan, the statewide hybrid plan, and the social security supplemental plan. Effective January 1, 2023, the act merges these 3 plans into separate components of a new plan to be known as the "statewide retirement plan". The act provides for the following with respect to the statewide retirement plan: The administration of the plan by the association; The deposit and investment of funds for the plan; Membership requirements; Employer and member contribution rates for each component of the plan, including phased future increases for specified rates; The purchase of service credit by members; Vesting and retirement eligibility requirements; Annual actuarial valuation of the plan; Actions that may be taken by the board of the association to ensure that the plan is fully funded on an actuarially sound basis; Pension and optional survivor benefits; Late and deferred retirement options; Cost of living adjustments; Refunds of contributions to members; and Modification of the plan by the board of the association. The act also: Provides for the confidentiality of information contained in the records of members of the association; Extends the deadline to file an application for disability; and Makes conforming amendments to and repeals portions of the existing statutes governing the statewide defined benefit plan, the statewide hybrid plan, and the social security supplemental plan.(Note: This summary applies to this bill as enacted.)
Under current law, a defendant is required to execute the defendant's signature on citations for a misdemeanor, petty offense, misdemeanor traffic offense, or traffic infraction to signify agreement to pay the penalties or appear in court. The act eliminates the defendant signature requirement. (Note: This summary applies to this bill as enacted.)
The act describes how property passes when a decedent dies without a will (intestate) and the estate or any part of the estate does not pass to a surviving spouse or designated beneficiary pursuant to existing law. In that situation, the portion of the estate passing through intestate succession is distributed as follows: If the decedent is survived by one or more descendants, the portion of the estate passes to the decedent's surviving descendants per capita at each generation; If the decedent is not survived by a descendant but is survived by one or more parents, the portion of the estate is divided into as many equal shares as there are surviving parents and deceased parents with one or more descendants. One share passes to each surviving parent, and the balance passes per capita at each generation to the surviving descendants of the decedent's deceased parents. If the decedent is not survived by a descendant or parent but is survived by one or more descendants of a parent, the portion of the estate passes per capita at each generation to the surviving descendants of the decedent's deceased parents; or If a decedent is not survived by a descendant, parent, or descendant of a parent but is survived by one or more grandparents, the portion of the estate is divided into as many equal shares as there are surviving grandparents and deceased grandparents with one or more surviving descendants. One share passes to each surviving grandparent, and the balance passes per capita at each generation to the surviving descendants of the decedent's deceased grandparents. The act clarifies how the estate passes to surviving descendants of a deceased parent or grandparent. The act replaces outdated terminology in the "Colorado Probate Code" with modern language, including replacing gender-specific language. (Note: This summary applies to this bill as enacted.)
Current law requires a county property tax assessor to send a notice of valuation of personal property to the operator of each wellsite, or if there is no operator, to the owner who has filed a statutorily required statement with the assessor. The act: States that oil and gas fractional interest owners are not entitled to separate valuation, notification, review, audit, protest, abatement, or appeal procedures by the assessor; and Designates the operator of each wellsite, or if there is no operator, the owner who filed the statement, as the representative of all fractional interest owners and as the exclusive point of contact for the assessor for all notification, review, audit, protest, abatement, and appeal procedures.(Note: This summary applies to this bill as enacted.)
The act changes the name of the water resources review committee to the water resources and agriculture review committee (committee) and expands the scope of the committee to include agriculture issues. (Note: This summary applies to this bill as enacted.)
For some, but not all, exemptions from state and state-collected local sales and use taxes, a person who wishes to establish the right to obtain an exemption is either explicitly required by state law or required by the department of revenue (department) as it administers and enforces state law to complete a form created by the department, which, depending on which exemption is sought, may be described as an affidavit, application, certificate, certification, declaration, or statement. The act requires the department to examine its forms and requirements relating to their use and, to the extent feasible without impairing the proper administration of the exemptions, simplify the forms and related requirements for persons making tax-exempt purchases. Exceptions to existing statutory requirements relating to the forms are made for any simplifications made by the department. (Note: This summary applies to this bill as enacted.)
Under current law, sexual assault can be committed by means of sexual intrusion or penetration when the actor causes submission of the victim by means sufficient to cause submission against the victim's will. The act changes that element to when the actor causes sexual intrusion or sexual penetration knowing the victim does not consent. (Note: This summary applies to this bill as enacted.)
