Under current law, the cash surrender value of life insurance held by a debtor for 48 months or longer up to $100,000 is exempt from attachment or execution. The bill increases this exemption up to $250,000. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
In 2005, voters approved Referendum C, which is a voter-approved revenue change to the TABOR fiscal year spending limit. Under the referendum, the state is permitted to retain and spend all state revenues up to the excess state revenues cap. The excess state revenues cap is adjusted annually for inflation and population changes, among other things. The bill modifies the excess state revenues cap by allowing an annual adjustment for an increase based on the average annual change of Colorado personal income over the last 5 years, rather than adjusting for inflation and population. Colorado personal income is the total personal income for Colorado as reported by a federal agency. As the modification may increase the amount that the state retains and spends in a given fiscal year, the bill seeks voter approval for the change, as required by TABOR. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill allows the district attorney to consent to an assessment for suitability for participation in restorative justice practices, including victim-offender conferences, as part of a recommended sentence in a plea bargain. The bill directs that the presentence report must indicate whether the offender meets the minimum eligibility requirements for participation in restorative justice practices. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently, only an organization that is exempt from taxation under section 501 (c)(3) of the federal internal revenue code (tax code) may accept services offered through a program of community or useful public service operated by a county court, probation department, county sheriff, or other local governmental entity in connection with sentencing for specified misdemeanors. Veterans' service organizations may be organized under other provisions of the tax code such as section 501 (c)(4) or 501 (c)(19). The bill expands the criteria for organizations that may accept community or useful public service assignments to include veterans' service organizations organized under 501 (c)(4) or 501 (c)(19) of the tax code, and specifies that the court or other entity making the assignment retains discretion to determine which organizations may be included in its program of community or useful public service. Section 1 amends the statute dealing with misdemeanor sentencing generally. Sections 2 and 3 insert analogous provisions into the statutes dealing specifically with sentencing of persons convicted of drug offenses and alcohol-related driving offenses, respectively. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill authorizes the fiduciary of an endowment fund to distribute principal, such as capital gains, under a unitrust election. This facilitates investing in stocks. The bill authorizes a cemetery authority to request that the fiduciary convert an endowment fund to a unitrust. The fiduciary and cemetery authority must agree on the terms of conversion, the distribution method, and the distribution rate. The distributions must be made on a monthly, quarterly, semi-annual, or annual basis, but the default is monthly. The unitrust must comply with certain current unitrust laws. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, the clerk of the court mails notice of the filing of certain petitions and the date and time of hearings on the petition to specified interested parties by registered mail. The bill changes the process so the clerk of the court may send the notice by first-class mail or electronically using the e-filing system of the judicial department. Under current law, if a respondent in a domestic relations action cannot be personally served and is served by publication, the clerk of the court is required to post a copy of the process on a bulletin board in the clerk's office for 35 days after the date of publication and may post the notice online on the court's website. The bill gives the clerk the option of posting the notice online on the court's website rather than on a bulletin board. The bill also updates the time frame for holding certain hearings to multiples of 7 days. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates a new provision that allows a child care worker who is employed in a licensed facility that is wholly owned, operated, and controlled by a common ownership group or school district to use a single completed fingerprint-based criminal history record check and a check of the records and reports of child abuse or neglect maintained by the department of human services to satisfy the requirements of the necessary background checks if the employee also works for or transfers to another licensed facility that is owned, operated, or controlled by the same common ownership group or school district, provided all other requirements for employment are met. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill clarifies that the attorney general or a district attorney may issue a subpoena to a person whom he or she has reasonable cause to believe has engaged or is engaging in a deceptive trade practice in violation of Colorado statute. It also specifies that the subpoena may be issued pursuant to rule 4 of the Colorado rules of civil procedure. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The retail marijuana code requires a license for retail marijuana business operators. The bill creates a corresponding medical marijuana business operator license. Under current law, a medical marijuana licensee may move his or her location within the city or county where the business is licensed upon approval of the local and state licensing authority. Under the retail marijuana code, a licensee can move his or her business anywhere in Colorado upon approval of the state and local jurisdiction. The bill allows a medical marijuana licensee to move his or her business anywhere in Colorado upon approval of the state and local jurisdiction to conform with the retail marijuana code. Under the retail marijuana code, if a test result indicated the presence of any substance determined to be injurious to health, the licensee has an opportunity to remediate the product if the test indicated the presence of a microbial. If the licensee is unable to remediate the product, then the licensee shall document and properly destroy the adulterated product. The bill gives a medical marijuana licensee the same opportunity to remediate its product. The bill allows medical marijuana-infused product manufacturers to sell or buy medical marijuana from another medical marijuana-infused product manufacturer. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Water Resources Review Committee. Section 8 of the bill restructures the fee that the state engineer may charge for rating certain types of water infrastructure from $25 per day plus actual expenses incurred in determining the rating to a flat fee of $75. Section 1 specifies the location of the state engineer's office as within the capitol complex. Section 2 permits the state engineer to use new technology that can accomplish the same functions as satellite or telemetry-based monitoring systems and is more cost effective. The bill repeals certain requirements as follows: In sections 1, 4, and 11 , the requirement that certain officials take an oath and post bond; In section 8, certain fee requirements; and In section 14 , the requirement that the state engineer survey, lay out, and locate a ditch or canal along the Arkansas river. Section 16 increases the amount of time for filing comments on a substitute water supply plan from 30 days after the state engineer mails the notice to 35 days after mailing the notice. The bill updates language within the statutes related to the state engineer and the division of water resources. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law defines a mortgage loan originator as an individual who offers or negotiates terms of a residential mortgage loan, including to any family member, but there is an exemption for a parent who acts as a loan originator in providing loan financing to his or her child. The bill expands the exemption to include up to 3 loans per year without compensation, other than interest, between family members, and directs the board of mortgage loan originators to define 'family member' by rule. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Each person elected or appointed to the office of sheriff is required, with certain exceptions, to undergo at least 20 hours of in-service training each year during the sheriff's term. The bill modifies this provision to require each sheriff to undergo at least the number of hours required for all certified peace officers by the peace officers standards and training board (POST board), but in no case less than 20 hours. Current law further requires the training to be provided by the county sheriffs of Colorado, incorporated. The bill allows the training to also be provided by any other training resource agency approved by the POST board. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
