Campaign contribution limits - county offices - appropriation. Current law regulating campaign finance does not set limits on contributions to candidates for a county office. The act sets the maximum amount of aggregate contributions that a person may make to a candidate committee of a candidate for a county office, and that a candidate committee for such candidate may accept from such person, as follows: In the case of any person other than a small donor committee or a political party, $1,250 for both the primary and general elections; In the case of a small donor committee, $12,500 for both the primary and general elections; and In the case of a political party, $22,125 for the applicable election cycle. The act defines "county office" to mean a county commissioner, county clerk and recorder, sheriff, coroner, treasurer, assessor, or surveyor. The act specifies that the contribution limits in the act are required to be adjusted for inflation in the same manner as other contribution limits specified in the state constitution. The act also makes statutory requirements governing the disclosure of campaign finance information and the filing of disclosure reports applicable to a contribution made to, or received by, a candidate committee of a candidate for a county office. For the 2019-20 state fiscal year, the act appropriates $7,000 to the department of state cash fund for personal services related to information technology services. (Note: This summary applies to this bill as enacted.) Read More
Consulting engineer contracts for transportation projects - study by efficiency and accountability committee - report. The act requires the efficiency and accountability committee of the department of transportation (CDOT) to study and report to the executive director of CDOT and the transportation commission its findings and any recommendations regarding the following issues relating to consulting engineer contracts for CDOT projects: Implementation of fixed bid procurement in lieu of bids based on hourly charges; The quality assurance process; The revolving door of retired CDOT employees going to work for consultants; Incentives for closing out project contracts, early project completion, and timely problem resolution; and Project staffing and implementation of a work plan for consistent CDOT and consultant construction project administration. CDOT must annually report to its legislative oversight committees, as part of its annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing, regarding the findings and any recommendations reported by the efficiency and accountability committee and the position of CDOT with respect to the findings and any recommendations. (Note: This summary applies to this bill as enacted.) Read More
Income tax - retrofits to an individual's residence for increased visitability - tax credit available for qualified individual's dependent. The act clarifies that the income tax credit for retrofitting a residence for increased visitability is available for changes made to a residence that benefit a qualified individual's dependent.(Note: This summary applies to this bill as enacted.) Read More
Seed potato act - continuation under sunset law. The act continues the regulation of seed potato growers and implements the recommendations of the department of regulatory agencies' 2018 sunset review and report on the "Colorado Seed Potaato Act" by: Extending regulation of seed potato growers until 2028 (sections 1 and 7 of the act); Repealing an obsolete provision authorizing uncertified seed potatoes to be used before January 1, 2012 (section 2); Repealing the option to have an independent auditor perform the review of records required by the act (sections 3 and 4); Requiring the committee of area no. 2 to pay the fees that implement seed potato regulation (section 5); and Repealing the provision that limits the amount of a fine to $2,500 (section 6).(Note: This summary applies to this bill as enacted.) Read More
Firearms - extreme risk protection order - petition requirements - hearings - firearm surrender options - termination hearing - appropriation. The act creates the ability for a family or household member or a law enforcement officer to petition the court for a temporary extreme risk protection order (ERPO) beginning on January 1, 2020. The petitioner must establish by a preponderance of the evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm. The petitioner must submit an affidavit signed under oath and penalty of perjury that sets forth facts to support the issuance of a temporary ERPO and a reasonable basis for believing they exist. The court must hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed. After issuance of a temporary ERPO, the court must schedule a second hearing no later than 14 days following the issuance to determine whether the issuance of a continuing ERPO is warranted. The court shall appoint counsel to represent the respondent at the hearing. If a family or household member or a law enforcement officer establishes by clear and convincing evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm, the court may issue a continuing ERPO. The ERPO prohibits the respondent from possessing, controlling, purchasing, or receiving a firearm for 364 days. Upon issuance of the ERPO, the respondent shall surrender all of his or her firearms and his or her concealed carry permit if the respondent has one. The respondent may surrender his or her firearms either to a law enforcement agency or a federally licensed firearms dealer, or, if the firearm is an antique or relic or curio, the firearm may be surrendered to a family member who is eligible to possess a firearm and who does not reside with the respondent. If a person other than the respondent is determined to be the lawful owner of any firearms surrendered to law enforcement, the firearm must be returned to him or her. The respondent can motion the court once during the 364-day ERPO for a hearing to terminate the ERPO. The respondent has the burden of proof at a termination hearing. The court shall terminate the ERPO if the respondent establishes by clear and convincing evidence that he or she no longer poses a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm. The court may continue the hearing if the court cannot issue an order for termination at that time but believes there is a strong possibility the court could issue a termination order prior to the expiration of the ERPO. The petitioner requesting the original ERPO may request an extension of the ERPO before it expires. The petitioner must show by clear and convincing evidence that the respondent continues to pose a significant risk of causing personal injury to self or others by having a firearm in his or her custody or control or by purchasing, possessing, or receiving a firearm. If the ERPO expires or is terminated, all of the respondent's firearms must be returned within 3 days of the respondent requesting return. The act requires the state court administrator to develop and prepare standard petitions and ERPO forms. Additionally, the state court administrator at the judicial department's "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing shall provide statistics related to petitions for ERPOs. The act appropriates $119,392 from the general fund to the judicial department for court costs, jury costs, and court-appointed counsel costs. (Note: This summary applies to this bill as enacted.) Read More
Emergency management - homeland security and all-hazards senior advisory committee - emergency planning subcommittee - continuation under sunset law. The act implements the recommendations of the department of regulatory agencies' sunset review and report on the emergency planning subcommittee by continuing the subcommittee.(Note: This summary applies to this bill as enacted.) Read More
Seed potato act - advisory committee - continuation under sunset law. The act implements the following recommendations of the department of regulatory agencies' 2018 sunset review and report on the "Colorado Seed Potato Act" and the seed potato advisory committee by: Extending the committee indefinitely, subject to review under the act in 2028; Replacing a member of the committee who is an employee of the department of agriculture with a member who is a potato grower who does not grow seed potatoes, with a preference for a potato grower with an operation in the western slope region of the state, but only when commercial cultivation begins in the western slope region; Repealing a requirement that one member of the committee who represents the Colorado Certified Potato Growers Association be the association's sitting president; and Repealing a provision that sets and staggers the initial terms of the members of the committee.(Note: This summary applies to this bill as enacted.) Read More
Sales and use tax - sourcing method for development of electronic sales and use tax simplification system. The act requires the office of information technology (office) and the department of revenue (department), within existing resources, to conduct a sourcing method in accordance with the applicable provisions of the procurement code, and any applicable rules, for the development of an electronic sales and use tax simplification system (system). The act also requires the office and the department to involve stakeholders to develop the scope of work. The act requires the general assembly to make any necessary appropriations for the initial funding and ongoing maintenance of the system from any net sales tax revenues that are credited to the general fund. The act specifies that on and after the date the system is online the department is required to accept any returns and payments processed through the system for state sales and use tax and for any sales and use taxes that are collected by the department on behalf of any local taxing jurisdiction. The act specifies that it is the general assembly's intent that 3 local taxing jurisdictions with home rule charters voluntarily use the system when the system comes online. Additionally, the act states that it is the general assembly's intent that all local taxing jurisdictions with home rule charters voluntarily use the system within 3 years. (Note: This summary applies to this bill as enacted.) Read More
Open meetings law - executive session - developing strategy for negotiations relating to collective bargaining or employment contracts. Under the Colorado open meetings law, a board of education of a school district (board) may hold an executive session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators. The act clarifies that these matters authorizing the board to meet in executive session include development by the board of its strategy for negotiations relating to collective bargaining or employment contracts. The act also makes a conforming amendment to the "Colorado School Collective Bargaining Agreement Sunshine Act". (Note: This summary applies to this bill as enacted.) Read More
Open records - peace officer internal investigation file. The act makes an internal investigation file (file) of a peace officer for in-uniform or on-duty conduct that involves a member of the public subject to an open records request. The act requires some information to be redacted and allows other information to be redacted before complying with the open records request. The act allows the custodian of the file to first provide a summary of the file to the requester and then allows the requester access to the file after the requester has reviewed the summary. Under the act, a custodian of a file in which there is an ongoing criminal case can deny inspection of the file. The file becomes open for inspection after all the charges are dismissed or the defendant is sentenced. The act allows a person who has been denied access to any information in a completed internal affairs investigation file to file an application in court to show cause why the withheld or redacted information should not be made available to the applicant. If the court determines, based on its independent judgment, applying de novo review, that any portion or portions of the completed internal affairs investigation file were improperly withheld, the court shall order the custodian to provide the applicant with a copy of those portions that were improperly withheld. The act applies to files of internal investigations that were started after April 12, 2019. (Note: This summary applies to this bill as enacted.) Read More
Emergency management - homeland security and all-hazards senior advisory committee - public safety communications subcommittee - continuation under sunset law. The act implements the recommendations of the department of regulatory agencies' sunset review and report on the public safety communications subcommittee by continuing the subcommittee.(Note: This summary applies to this bill as enacted.) Read More
Child welfare caseworkers - prohibition on posting caseworkers' personal information on the internet if threat to caseworker - removing caseworkers' personal information in government records if threat to caseworker. The act defines caseworker (caseworker) to include a state or county employee and county attorney who is engaged in investigating or taking legal action regarding allegations of child abuse or neglect. The act makes it unlawful for a person to knowingly make available on the internet personal information of a caseworker or a caseworker's family if the dissemination of the personal information poses an imminent and serious threat to the safety of the caseworker or the caseworker's family and the person disseminating the information knew or should have known of the imminent and serious threat. Violation of the provision is a class 1 misdemeanor. A state or local government official (official) shall remove the personal information of the caseworker or the caseworker's immediate family contained in records that the official makes available on the internet if the caseworker submits a request with an affidavit asserting under penalty of perjury that the dissemination of the personal information poses an imminent and serious threat to the caseworker or the caseworker's immediate family. The official is also required to deny a request for inspection under the "Colorado Open Records Act" for personal information contained in those same records. (Note: This summary applies to this bill as enacted.) Read More
