Public utilities commission - railroads - freight trains - number of crew members required - exemptions - definitions - fines. The act requires a common carrier engaged in the transportation of property by railroad to have at least 2 crew members aboard a railroad train or light engine operated in connection with carrying freight while the railroad train or light engine is moving. A violation of the requirement is a misdemeanor, punishable by a fine of $250 to $1,000 for a first offense, $1,000 to $5,000 for a second offense committed within 3 years, or $5,000 to $10,000 for a third or subsequent offense committed within 3 years.(Note: This summary applies to this bill as enacted.) Read More
District court judges - increases - outreach position - reports - appropriation. The act increases by one the number of district court judges in the first, eighth, tenth, thirteenth, seventeenth, eighteenth, and twenty-first judicial districts; by 2 in the fourth and nineteenth judicial districts; and by 4 in the second judicial district. The act creates a new position in the judicial department for outreach and education of judicial positions. The position provides reports to the chief justice and the judiciary committees of the senate and the house of representatives, or any successor committees, concerning the background, professional history, and qualifications of judicial officers. The act also requires the state court administrator to annually report to specified committees of the general assembly specified case management statistics. The act appropriates $7,417,731 to the judicial department to implement the increased number of judges and the new position. (Note: This summary applies to this bill as enacted.) Read More
Metropolitan district - fire protection - sales tax. A metropolitan district is authorized to levy a property tax to provide services; however, the district can also levy a sales tax for safety protection, street improvement, and transportation purposes. The act allows a metropolitan district to also levy a sales tax to provide fire protection in the areas of the district in which the sales tax is levied.(Note: This summary applies to this bill as enacted.) Read More
Fireworks restrictions - period between May 31 and July 5 of any year - competent evidence of high fire danger. Under current law, a county may prohibit or restrict by ordinance the sale, use, and possession of fireworks, including permissible fireworks (fireworks restrictions), for a period that does not exceed one year in length within all or any part of the unincorporated areas of the county; except that such an ordinance shall not be in effect between May 31 and July 5 of any year unless the ordinance includes an express finding of high fire danger, based on competent evidence. The act specifies that such an ordinance is in effect for the period between May 31 and July 5 of any year only if the county adopts by resolution such fireworks restrictions for such period, which resolution includes an express finding of high fire danger, based on competent evidence. However, if the county adopts a resolution specifying that the ordinance remains in effect for such period, or any portion of such period, and subsequent to the adoption of the resolution, a change in the weather occurs resulting in competent evidence that the high fire danger is not present and no longer will be present during the remainder of the period, the act requires the county to endeavor to promptly consider whether to exercise its legislative discretion to rescind the restrictions it has adopted on the sale, use, and possession of fireworks. The ordinance remains in effect and is fully enforceable until the restrictions have been rescinded. The act also adds as a source of "competent evidence" justifying a finding of high fire danger predictions of future fire danger such as those issued by the national interagency coordination center or any successor entity as well as localized evidence of low fuel moisture content. (Note: This summary applies to this bill as enacted.) Read More
Urban renewal - blight determination - notice of determination. Under current law, before an urban renewal authority (authority) may undertake an urban renewal project for an urban renewal area, it must determine that the area is a slum, blighted area, or a combination of such conditions. When the authority determines that the area is not a slum, a blighted area, or a combination of such conditions, the authority is also required to send notice of the determination to any owner of private property located within the area within 30 days of the determination. The act modifies this latter requirement by requiring notice be provided to such property owners within 7 days of either determination being made.(Note: This summary applies to this bill as enacted.) Read More
Property tax - alternate protest and appeal procedures - notice and information for taxpayer - information taxpayer provides county. For counties that have elected to use the alternate protest and appeal procedures, the act requires: A taxpayer who owns rent-producing commercial real property to provide the assessor with property rental information (rental information) on or before July 15 of the year of the appeal; and The county assessor to mail the notice of determination regarding the appeal by August 15 of the year of the appeal instead of the last working day in August. For all counties, the act modifies: The rental information that a petitioner appealing the valuation of rent-producing commercial property or the denial of an abatement must provide to a county; and The information related to a county's determination of the value that a county is required to provide to a petitioner who has filed an appeal with the board of assessment appeals. A petitioner who provides rental information to an assessor as part of an alternate protest and appeal is not required to provide the same information in an appeal of the valuation. (Note: This summary applies to this bill as enacted.) Read More
Child hearsay exception. The act amends the statutory exception to the hearsay rule to admit an out-of-court statement made by a child if certain conditions are satisfied in: Any criminal, delinquency, or civil proceeding in which the child (a person under 13 years of age) is alleged to have been a victim; or Any criminal, delinquency, or civil proceeding in which the child describes all or part of an offense of unlawful sexual behavior.(Note: This summary applies to this bill as enacted.) Read More
Protective services - access to records - information sharing between APS and CPS. The act allows adult protective services (APS) to access child abuse or neglect records and reports when the information is necessary for APS to adequately assess the safety, risk, or provision of services for an at-risk adult. The act prohibits a substantiated perpetrator from receiving any identifying information about the person who made a report of the mistreatment or self-neglect of an at-risk adult. The act allows any person named as an at-risk adult in a report, or the person's guardian or guardian ad litem, to access the report without a court order. The disclosure must not include any identifying information about the person who made the report. The act requires a court order if the substantiated perpetrator is the guardian of the at-risk adult. The act allows child protective services (CPS) to access information about mistreatment or self-neglect of an at-risk adult, without a court order, when the information is necessary for CPS to adequately assess the safety, risk, or provision of services for a child. The act limits the disclosure of information shared from APS and CPS to information regarding prior or current referrals, assessments, investigations, or related case information involving an at-risk adult and an alleged perpetrator. (Note: This summary applies to this bill as enacted.) Read More
Pharmacists - chronic maintenance drugs - dispense without prescription. The act allows a pharmacist to dispense an emergency supply of a chronic maintenance drug to a patient without a prescription if: The pharmacist is unable to obtain authorization to refill the prescription from a health care provider; The pharmacist has a record of a prescription in the name of the patient who is requesting the emergency supply of the chronic maintenance drug, or, in the pharmacist's professional judgment, the refusal to dispense an emergency supply will endanger the health of the patient; The amount of the chronic maintenance drug dispensed does not exceed the amount of the most recent prescription or the standard quantity or unit of use package of the drug; The pharmacist has not dispensed an emergency supply of the chronic maintenance drug to the same patient in the previous 12-month period; and The prescriber of the drug has not indicated that no emergency refills are authorized. The act requires the state board of pharmacy to promulgate rules to establish standard procedures for dispensing chronic maintenance drugs. A pharmacist, the pharmacist's employer, and the original prescriber of the drug are not civilly liable for dispensing a chronic maintenance drug unless there is negligence, recklessness, or willful or wanton misconduct. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More
Educator licensing - nonpublic school educator licensing programs. Under the act, nonpublic schools are permitted to operate induction programs for teachers, special services providers, principals, and administrators and alternative licensure programs for teachers and principals who do not hold professional licenses.(Note: This summary applies to this bill as enacted.) Read More
Implementation of emergency medical and trauma care systems implementation - state board of health - identification of criteria for county regional systems - repeal. The act repeals language: Requiring the department of public health and environment to implement a statewide emergency medical and trauma care system by July 1, 1997; and Requiring the state board of health to cooperate with the department of personnel in adopting certain criteria that counties must identify in their own regional systems.(Note: This summary applies to this bill as enacted.) Read More
Interstate agreement to elect president of the United States by national popular vote. The act makes law and enters into with all other states joining therein the agreement among the states to elect the president of the United States by national popular vote (agreement). Among other provisions, the agreement: Permits any state of the United States and the District of Columbia to become members of the agreement by enacting the agreement; Requires each member state to conduct a statewide popular election for president and vice president of the United States; Prior to the time set for the meeting and voting of presidential electors, requires the chief election official of each member state to determine the number of votes cast for each presidential slate in a statewide popular election and to designate the presidential slate with the largest national popular vote total as the national popular vote winner; Requires the presidential elector certifying official of each member state to certify the appointment in that official's own state of the elector slate nominated in that state in association with the national popular vote winner. At least 6 days before the day fixed by law for the meeting and voting by the presidential electors, the agreement requires each member state to make a final determination of the number of popular votes cast in the state for each presidential slate and to communicate an official statement of the determination within 24 hours to the chief election official of each other member state. The agreement also requires the chief election official of each member state to treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a state's final determination conclusive as to the counting of electoral votes by congress. Specifies that the agreement governs the appointment of presidential electors in each member state in any year in which the agreement is in effect on July 20 in states cumulatively possessing a majority of the electoral votes; Permits a state's withdrawal from the agreement, except in limited circumstances; Specifies that the agreement will terminate if the electoral college is abolished; and Provides that the invalidity of any of the agreement's provisions do not affect the remaining provisions. The act specifies that when the agreement becomes effective, it supersedes any conflicting provisions of Colorado law. When the agreement becomes effective and governs the appointment of presidential electors, each presidential elector is required to vote for the presidential candidate and, by separate ballot, vice-presidential candidate nominated by the political party or political organization that nominated the presidential elector. (Note: This summary applies to this bill as enacted.) Read More
