Marijuana cash fund - marijuana tax cash fund - transfers. The act requires the state treasurer to make 2 transfers from the marijuana cash fund to the marijuana tax cash fund. On July 1, 2019, the state treasurer will transfer $914,416, and on July 1, 2020, the state treasurer will transfer $890,901.(Note: This summary applies to this bill as enacted.) Read More
Capital-related transfers of money. For the 2019-20 state fiscal year, the act transfers: $90,695,989 from the general fund to the capital construction fund; $42 million from the general fund to the controlled maintenance trust fund; $12,342,676 from the general fund to the information technology capital account of the capital construction fund; $500,000 from the general fund exempt account of the general fund to the capital construction fund; and $1 million from the preservation grant program account of the state historical fund to the capital construction fund for repainting of the interior of the dome of the state capitol building.(Note: This summary applies to this bill as enacted.) Read More
General fund transfer - state employee reserve fund. The act requires the state treasurer to transfer $23 million from the state employee reserve fund to the general fund on July 1, 2019.(Note: This summary applies to this bill as enacted.) Read More
Court facility dog - requirements - jury instruction. The act allows a court, upon motion of a party or upon its own motion, to allow a witness to testify during criminal proceedings while a court facility dog is in the courtroom if certain conditions are satisfied. The act requires a court facility dog to have graduated from training in providing support to witnesses testifying during proceedings without causing a distraction during proceedings. The training must be provided by a properly accredited organization. The act allows the court discretion to instruct the jury, if a jury instruction is requested by a party who objected to the presence of the court facility dog or upon agreement of the parties, on the role of the court facility dog so that the presence of the court facility dog does not improperly influence the jury. The act clarifies that nothing in the act precludes or interferes with the rights of a qualified individual with a disability who is accompanied by a service animal pursuant to state or federal law. (Note: This summary applies to this bill as enacted.) Read More
Animal cruelty - mental health treatment - order preventing pet ownership. The act allows a court to impose a mental health treatment program or appropriate treatment program as a sentence for animal cruelty. The act requires a court to enter an order prohibiting a person convicted of felony animal cruelty from owning a pet animal for a period of 3 to 5 years and a juvenile adjudicated a delinquent for an animal cruelty crime from owning a pet animal, unless the defendant or juvenile's treatment provider makes a specific recommendation not to impose the ban and the court agrees with the recommendation.(Note: This summary applies to this bill as enacted.) Read More
Tenants and landlords - rental application process. The act states that a landlord may not charge a prospective tenant a rental application fee unless the landlord uses the entire amount of the fee to cover the landlord's costs in processing the rental application. A landlord also may not charge a prospective tenant a rental application fee that is in a different amount than a rental application fee charged to another prospective tenant who applies to rent: The same dwelling unit; or If the landlord offers more than one dwelling unit for rent at the same time, any other dwelling unit offered by the landlord. The act requires a landlord to provide to any prospective tenant who has paid a rental application fee either a disclosure of the landlord's anticipated expenses for which the fee will be used or an itemization of the landlord's actual expenses incurred. The landlord is required to make a good-faith effort to refund any unused portion of an application fee within 20 days. The act states that if a landlord uses rental history or credit history as criteria in consideration of an application, the landlord shall not consider any rental history or credit history beyond 7 years immediately preceding the date of the application. If a landlord considers criminal history as a criterion, the landlord shall not consider an arrest record of a prospective tenant from any time or any conviction of a prospective tenant that occurred more than 5 years before the date of the application; except that a landlord may consider any criminal conviction record or deferred judgment relating to certain criminal offenses involving methamphetamine, any offense that required the prospective tenant to register as a sex offender, any offense that is classified as a homicide, or stalking. If a landlord denies a rental application, the landlord shall provide the prospective tenant a written notice of the denial that states the reasons for the denial. A landlord who violates any of the requirements created in the act is liable to the person who is charged a rental application fee for triple the amount of the rental application fee, plus court costs. A landlord who corrects or cures a violation not more than 7 calendar days after receiving notice of the violation is immune from liability. A person who intentionally and in bad faith brings a meritless claim against a landlord is liable for the landlord's court costs and reasonable attorney fees in defending the claim. (Note: This summary applies to this bill as enacted.) Read More
Defendant pretrial release - no monetary bond for low level offenses. Under current law, the court is required to release a person charged with a class 3 misdemeanor, petty offense, or unclassified offense on a personal recognizance bond unless certain conditions exist. The act removes petty offenses from that requirement. The act prohibits a court from imposing a monetary condition of release for a defendant charged with a traffic offense, petty offense, or comparable municipal offense, except for a traffic offense involving death or bodily injury, eluding a police officer, circumventing an interlock device, or a municipal offense with substantially similar elements to a state misdemeanor offense. The act does not prohibit a defendant's release based on a pretrial policy that includes monetary conditions if the defendant is informed that he or she would be released without monetary conditions if he or she waits for a bond hearing. The act does not prohibit issuance of a warrant with monetary conditions of bond for a defendant who fails to appear in court as required or who violates a condition of release.(Note: This summary applies to this bill as enacted.) Read More
Public meetings - notice - online posting. Current law requires local governments to post notices of public meetings required by the state open meetings law in physical locations. The act allows a local government to post the notices on the local government's website. The notices are accessible to the public at no charge. The notices shall be searchable, if feasible, by type of meeting, date and time of meeting, and agenda contents. A local government that posts notices of public meetings on its website may continue to post the notices in a physical location, but is not required to do so.(Note: This summary applies to this bill as enacted.) Read More
Professions and occupations - organizational recodification of laws. Title 12 of the Colorado Revised Statutes relates primarily to the regulation of professions and occupations. In 2016, the general assembly enacted Senate Bill 16-163, which authorized a multi-year project to recodify title 12. In 2017 and 2018, the General Assembly enacted numerous bills to relocate from title 12 to other titles in the Colorado Revised Statutes all laws that do not relate to the regulation of professions and occupations. After the passage of those relocation bills, title 12 generally contains only laws administered by the department of regulatory agencies (DORA) that regulate a profession or occupation. Section 1 of the act recodifies title 12, as contemplated by Senate Bill 16-163, by: Reorganizing and renumbering articles and parts within the title, all of which are administered by the division of real estate, the division of conservation, or the division of professions and occupations (DPO) within DORA; Relocating into title 12 statutes in part 1 of article 34 of title 24 of the Colorado Revised Statutes relating to the creation, powers, and duties of DPO in administering the laws regulating professions and occupations (practice acts); Creating common provisions that are generally applicable to all practice acts administered by DPO, except as otherwise specified, and modifying the various practice acts to eliminate redundancies with the common provisions; and Eliminating provisions in title 12 that are archaic or obsolete. Article 1 of the recodified title 12 contains provisions that apply to the entire title. Article 10 includes the laws governing real estate, including the division of real estate within DORA, while article 15 includes laws governing conservation easements, including the division of conservation within DORA. The remainder of the title relates to professions and occupations regulated by DPO within DORA. Article 20 includes laws relocated from title 24 relating to the creation of DPO and DPO's powers and duties and consolidated common provisions derived from the practice acts that relate to procedures, immunity, disciplinary and enforcement authority, and judicial review of final orders of DPO and the regulatory boards within DPO. Article 30 includes common provisions governing health care professions and occupations regulated by DPO, including the "Michael Skolnik Medical Transparency Act of 2010", health care work force data collection requirements, and opioid prescribing limitations. Articles 100 to 315 contain the practice acts governing individual professions and occupations regulated by DPO. The comparative tables detailing how the act reorganized and renumbered specific provisions in title 12 is located at . Section 2 of the act relocates a law that prohibits the mandatory donation of services from title 12 to the "Administrative Organization Act of 1968" in title 24. Section 3 repeals relocated provisions from titles 24 and 25. To give agencies time to make necessary adjustments to their rules and forms, section 265 delays the effective date of the act until October 1, 2019. (Note: This summary applies to this bill as enacted.) Read More
Facilities - menstrual hygiene products. The act requires the following facilities to provide whichever menstrual hygiene products are requested by a person in custody to the person in custody at no expense to the person in custody: Local jails, multijurisdictional jails, and municipal jails; Correctional facilities and private contract prisons; and Department of human services facilities. The act prohibits any facility required to provide menstrual hygiene products pursuant to the act from imposing any condition or restriction on a person's access to menstrual hygiene products. The act requires cities and counties that are seeking reimbursement from the state for maintaining people in a local jail after their sentence to the department of corrections' custody to annually report costs of menstrual hygiene products to the joint budget committee. (Note: This summary applies to this bill as enacted.) Read More
Certification of factory-built structures - insignias of approval. The act amends the state director of housing's authority to obtain injunctive relief to be consistent with the removal of the requirement that factory-built structures that are only substantially altered or repaired bear an insignia of approval issued by the division of housing. The act removes the requirement that factory-built structures that are manufactured or sold for transportation to and installation in another state bear an insignia of approval issued by the division of housing and the requirement that factory-built structures that are only substantially altered or repaired in Colorado bear an insignia of approval issued by the division of housing. (Note: This summary applies to this bill as enacted.) Read More
Urban drainage and flood control - director compensation. A member of a board of directors of an urban drainage and flood control district is currently limited to receiving $1,200 per year as compensation, not to exceed $75 per meeting attended. The act changes these maximum amounts to be the same as the amounts allowed for directors of special districts generally, which is currently specified in statute as $2,400 per year, not to exceed $100 per meeting.(Note: This summary applies to this bill as enacted.) Read More
