Under current law, a unit owner living in a common interest community (community) may grant another unit owner in the community a proxy to vote on behalf of the first unit owner at a unit owners' association (association) meeting. Also under current law, the proxy terminates after 11 months unless the proxy itself provides for an earlier or later termination date. The act limits the maximum duration of a proxy to 11 months. (Note: This summary applies to this bill as enacted.)
The act authorizes the director of the division of professions and occupations to enter the premises of registered funeral establishments and crematories during business hours to conduct inspections. The director may contract with a third party to perform the inspection. (Note: This summary applies to this bill as enacted.)
The act expands a program, which had been scheduled to repeal on July 1, 2023, that allows a public employees' retirement association (PERA) service retiree to work full-time without any reduction in the service retiree's retirement benefits for a rural school district that has a critical shortage of qualified individuals with specific experience, skills, or qualifications that the service retiree has by: Making the program permanent; Adding school nurses and paraprofessionals to those who are eligible for post-PERA retirement full-time employment; and Allowing a board of cooperative services or a charter school that is located within a rural school district and that has such a critical shortage to participate in the program. The act also requires PERA to submit additional reports, containing the same types of information as the initial report that PERA submitted as required by law in 2020, to the finance committees of the general assembly on or before December 1, 2025, and on or before December 1 of each fifth year thereafter. (Note: This summary applies to this bill as enacted.)
Governor Signed
The act expands the ways that intimidating a witness may be committed by stating that the threat or act that constitutes intimidation can be directed at a person the perpetrator believes may have information relevant to a criminal investigation or a person the perpetrator believes may be able to exert influence upon a witness or victim. The act also adds that the crime of intimidating a witness can be committed by intentionally attempting to influence, or actually influencing, a witness, victim, or any other person with knowledge of relevant information to withhold information from, or provide false information to, law enforcement, a defense attorney, or defense investigator. (Note: This summary applies to this bill as enacted.)
The act requires an online marketplace (marketplace) to require each high-volume third-party seller (seller) selling through its marketplace to disclose to the marketplace, and the marketplace to verify: The seller's bank account number; The seller's contact information; and The seller's business tax identification number or individual taxpayer identification number. A marketplace must suspend any future sales activity of a seller that does not provide the information. The marketplace also must require a seller with an aggregate total of $20,000 or more in annual gross revenues on the marketplace to disclose to the consumer the identity of the seller, including: The full name of the seller; The physical address of the seller; Whether the high-volume third-party seller used a different seller to supply the consumer product to the consumer upon purchase; and If requested by the purchaser, information relating to any seller that supplied the consumer product to the purchaser when the seller is different than the high-volume third-party seller listed on the product listing prior to purchase. The marketplace must disclose to consumers a reporting mechanism for consumers to report suspicious marketplace activity. A violation of the disclosure requirements is a deceptive trade practice. (Note: This summary applies to this bill as enacted.)
The act modifies the "Public Benefit Corporation Act of Colorado" as follows: Eliminates the requirement for approval of two-thirds of the outstanding shares to convert an existing corporation to a public benefit corporation (PBC) or an existing PBC into a non-PBC, thereby defaulting to the majority vote requirement applicable to other corporate conversions; Eliminates the application of appraisal rights for shareholders objecting to the conversion of a non-PBC to a PBC; Clarifies that a director's ownership of stock in a PBC does not inherently create a conflict of interest and specifies that, absent a conflict of interest, a director does not act in bad faith and does not breach a duty of loyalty if the director, in directing the business of the PBC, fails to satisfy a requirement to balance shareholder pecuniary interests, the best interests of those materially affected by the action, and the specific public benefit of the PBC; and Clarifies the requirements for actions to enforce the requirements imposed on directors to balance the interests of shareholders, those materially affected by the corporate action, and the public benefit of the PBC.(Note: This summary applies to this bill as enacted.)
The act repeals a section of the "State Administrative Procedure Act" to remove obsolete or redundant provisions relating to the process for reviewing executive agency rules. The act also amends provisions in statute concerning executive agency rules to reflect current drafting practices relating to, among other practices, the use of gender-neutral language in statute. (Note: This summary applies to this bill as enacted.)
The act permits the university of northern Colorado (UNC) to offer specialized degree programs in osteopathic medicine. The act creates an exception to the university of Colorado health sciences center campus' exclusive authority in medicine for UNC's osteopathic medicine degree program. (Note: This summary applies to this bill as enacted.)
Under current law, municipalities and regional service authorities are authorized to file an application for dissolution of a special district with the board of directors of the special district. The act expands current law to authorize a board of county commissioners to file such an application if the special district is wholly located in the boundaries of the county and to file jointly with another board of county commissioners such an application if the special district is located in 2 or more counties. If more than 85% of the special district's territory is located within the boundaries of one or more municipalities, the board of directors of the special district shall not take any action on the application unless the governing bodies of all such municipalities have consented to or joined the application. Current law also allows the governing body of a municipality and a special district wholly within the corporate limits of the municipality that has no financial obligations or outstanding debt to mutually consent to dissolution of the special district via a court order dissolving the special district without an election. The act expands current law to allow a board of county commissioners and a special district that is wholly within the county's boundaries to mutually consent to dissolution of the special district in the same manner via a court order dissolving the special district without an election; except that, if more than 85% of the special district lies within one or more municipalities, the governing bodies of all such municipalities also must consent to dissolution via court order without an election. (Note: This summary applies to this bill as enacted.)
The act changes the deadline to appoint nonlegislative members to the Colorado youth advisory council (council) and removes the requirement that nonlegislative members be selected by a majority vote of the council. The act repeals the requirement to appoint council co-chairs and vice-chairs, requires the council to adopt written bylaws setting forth a leadership structure for the council, and clarifies that the council can elect members to serve in any leadership position described in its bylaws. The act requires that 2 of the council's 4 meetings each year be held in person. The act changes the council's annual reporting requirement so that the council reports to the Colorado youth advisory council review committee (review committee) during the interim. The act requires the chair of the review committee and the chair of the legislative council to sign council contracts and requires the president of the senate and the speaker of the house of representatives to appoint the chair and vice-chair of the review committee on an annually alternating basis. (Note: This summary applies to this bill as enacted.)
Under existing law, an early childhood development service district (service district) must include all of the territory of any special district, municipality, county, or other existing taxing entity that is included in the service district. The act allows a service district to also include a portion of a special district, municipality, county, or other existing taxing entity. The act also authorizes a service district to accept gifts, grants, and donations. (Note: This summary applies to this bill as enacted.)
