Colorado Bills

The concurrent resolution amends section 23 of article VI of the Colorado constitution as it relates to judicial discipline. The resolution permits the general assembly to provide in law the process for the supreme court to select the judge members of the Colorado commission on judicial disciple (commission). The resolution specifies that the commission may dismiss complaints and repeals the commission's authority to request appointment of special masters. The resolution repeals the commission's authority to order formal judicial disciplinary proceedings be held before the commission and creates an independent adjudicative board (board) to conduct formal proceedings and hear appeals of the commission's orders imposing informal sanctions. The board is comprised of 4 district court judges, 4 attorneys, and 4 citizens. The resolution prohibits a member of the commission from being appointed to the board and prohibits a member of the board from being appointed to the commission. A randomly selected panel of the board (panel), comprised of one judge, one attorney, and one citizen, conducts formal proceedings in a case. The resolution permits the panel to dismiss a complaint, impose informal sanctions, or impose formal sanctions. The resolution sets the standards of review to be used by the supreme court when it reviews a panel's decision. The resolution requires a tribunal of 7 randomly selected court of appeals and district judges to review the panel's decision when: The proceedings involve a complaint against a Colorado supreme court justice; a Colorado supreme court justice, a staff member to a justice, or a family member of a justice is a complainant or a material witness in the proceeding; or more than 2 justices have recused themselves from the proceeding. The tribunal reviews the panel's decision in the same manner and using the same standards of review as the supreme court does when it reviews panel decisions. Under existing law, commission proceedings are confidential until the commission files recommendations with the supreme court. The resolution makes proceedings public at the commencement of formal proceedings but clarifies that appeals of informal remedial sanctions to the board are confidential. The resolution clarifies that a person is absolutely immune from any action for defamation based on papers filed with or testimony before the commission, adjudicative board, supreme court, or a tribunal. The resolution clarifies the circumstances in which the commission may release otherwise confidential information. The resolution creates a rule-making committee to adopt rules for the judicial discipline process. The rule-making committee consists of 4 members appointed by the supreme court, 4 members appointed by the board, 4 members appointed by the commission, and one victim's advocate appointed by the governor. The rules must include the standards and degree of proof to be applied in judicial discipline proceedings; confidential reporting procedures; and complainant rights. The Colorado rules of evidence and Colorado rules of civil procedure apply to proceedings before a panel until and unless the rule-making committee promulgates rules specifically governing panel proceedings. (Note: This summary applies to this concurrent resolution as adopted.)

The bill eliminates the requirement that the department of education administer a state assessment in social studies to elementary and secondary students. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill prohibits a landlord from evicting a residential tenant unless the landlord has just cause for eviction. Just cause exists only when: A tenant or lessee is guilty of an unlawful detention of real property under certain circumstances described in existing law, as amended; or The tenant continues to fail to pay rent after the landlord provides the tenant timely written notice of such nonpayment; The tenant commits a substantial violation and does not cure it within 10 days after the landlord provides the tenant written notice of the substantial violation; Conditions exist constituting grounds for a no-fault eviction. The tenant refuses to allow the landlord to enter the residential premises after the landlord has provided written notice of such entry at least 48 hours before attempting such entry, unless the rental agreement specifies a longer period of advanced written notice; or The tenant refuses to sign a new rental agreement with terms that are substantially identical to the tenant's current rental agreement, so long as the landlord proffers the new rental agreement at least 30 days before the expiration of the current rental agreement. The following conditions constitute grounds for a no-fault eviction of a tenant, with certain limitations: Demolition or conversion of the residential premises; Substantial repairs or renovations to the residential premises; or Occupancy of the residential premises assumed by the landlord or a family member of the landlord; Expiration of time-limited housing operated by a mission-driven organization; and Withdrawal of the residential premises from the rental market for the purpose of selling the residential premises. With certain exceptions, a landlord that proceeds with a no-fault eviction of a tenant must provide relocation assistance to the tenant in the amount of 2 months' rent plus the amount of one additional month of rent if any of the following individuals reside in the residential premises at the time the landlord proceeds with the no-fault eviction: An individual who is less than 18 years of age or at least 60 years of age; A low-income individual; or An individual with a disability. If a landlord proceeds with an eviction of a tenant of a residential premises in violation of the new provisions, the tenant may seek relief as provided in existing laws concerning unlawful removal of a tenant. A landlord's failure to comply with the new restrictions on evictions is an affirmative defense for a tenant to an eviction proceeding. Existing law describes various circumstances under which a person is guilty of an unlawful detention of real property. The bill narrows the applicability of 2 such circumstances to apply to nonresidential and residential real property, respectively. The bill also adds 2 such circumstances, which are: When a tenant or lessee holds over upon the expiration of a residential rental agreement when the landlord has timely offered a new rental agreement with terms substantially identical to the current residential rental agreement and provided timely notice to the tenant; and When the landlord has provided the tenant timely notice of the landlord's plans to recover possession of the property for the landlord's own use and occupancy as a principal residence by the landlord or an immediate family member. Current law allows a tenant to terminate a tenancy by serving written notice to the landlord within a prescribed time period, based on the length of the tenancy, and for the purpose of such notices to quit a tenancy, certain provisions apply, including the following: Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown; No notice to quit is necessary from or to a tenant whose term is, by agreement, to end at a time certain; and Certain provisions concerning notices to quit do not apply to the termination of a residential tenancy if the residential premises is a condominium unit. The bill eliminates these provisions. Current law requires that, except when posting notices that are required by law or by a rental agreement, the management of a mobile home park must make a reasonable effort to notify a resident of the management's intention to enter the mobile home space at least 48 hours before entry. The bill changes this period from 48 hours to 72 hours. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Section 1 of the bill authorizes an individual to move from one corner of public land to another corner of public land where 2 public parcels meet 2 private parcels and share a common border, without being liable for criminal or civil trespass, if: 2 parcels of public land touch so that the individual can reasonably step from one parcel of public land to the other parcel of public land, or if there's a fence, could make the step as if there were not a fence; The individual moves over private land only as much as necessary to cross from one parcel of public land to the other; The individual does not step on or stand on the privately owned land or touch a fence on or other improvement to the privately owned land, but the individual may use mechanical means to move over the privately owned land; and The individual does not use a vehicle other than a wheelchair to cross over the private land. This authorization does not apply to the following: Moving over an improvement to public land that is designed to be occupied by individuals; Entering public land to use it in a way that violates the law; Moving over public land that the governing entity has prohibited the general public from entering or has controlled access to. Section 1 also prohibits a landowner from erecting an improvement to such a corner that is more than 54 inches high within 4 feet of the corner. Section 2 requires a court to dismiss a trespass tort if the defendant has complied with section 1. A successful defendant is awarded costs, including attorney fees. Section 3 instructs the parks and wildlife commission to promulgate rules codifying the actions allowed in section 1. The division of parks and wildlife will publicize the rules.(Note: This summary applies to this bill as introduced.)

Senate Judiciary Committee. The bill continues the Colorado commission on criminal and juvenile justice (commission) until September 1, 2028 2024 . The bill amends the legislative findings and declaration for the commission. The bill amends the commission membership as follows: Replaces the executive director of the department of human services, or the executive director's designee, with the commissioner of the behavioral health administration, or the commissioner's designee; Replaces the executive director of the department of higher education, or the executive director's designee, with a representative of higher education with expertise in criminal justice; Eliminates an expert in juvenile justice issues; Adds a second criminal defense attorney, and requires that one must be from a rural judicial district; Severs one existing position for a community corrections provider, community corrections board member, or a behavioral, mental health, or substance use disorder treatment provider into 2 positions: One for a behavioral, mental health, or substance use disorder treatment provider and one who represents a community corrections provider or a community corrections board; and Eliminates the 2 at-large members and substitutes one member who works with a community-based reentry program. The bill amends the commission's mission and duties. The bill requires the division of criminal justice (division) to provide a translator to provide oral translation in the Spanish language for every meeting and written translation into Spanish of every publicly available document. The division is required, upon request, to provide a translator to provide oral translation or written translation of a publicly available document in a requested language. The bill requires the commission to provide the opportunity for all members or interested persons to provide topics for study to be submitted to the governor. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill requires the Colorado school of public health to analyze model legislation for implementing a publicly financed and privately delivered universal health-care payment system for Colorado that directly compensates providers. The Colorado school of public health must submit a report detailing its findings from the analysis to the general assembly by December 1, 2023. October 1, 2024. The bill also creates the statewide health-care analysis task force consisting of members appointed by the general assembly and the governor, as well as executive directors of specified state departments, the commissioner of insurance, and the chief executive officer of the Colorado health benefit exchange or any designees of the executive directors, the commissioner, and the chief executive officer. The task force is created for the purpose of advising the Colorado school of public health during the analysis. The bill also exempts the analysis conducted by the Colorado school of public health from a financial aid funding requirement. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)