Common interest communities created before the July 1, 1992, enactment of the 'Colorado Common Interest Ownership Act' (Act) are exempt from many of the Act's provisions, including a provision allowing a majority of the unit owners in a common interest community to veto a budget proposed by the common interest community's executive board. The bill requires a common interest community that predates the Act to allow its unit owners to veto, by majority vote, a budget proposed by the common interest community's executive board; except that the bill does not apply to a common interest community that predates the Act if the common interest community's declaration sets a maximum assessment amount or provides a limit on the amount that the common interest community's annual budget may be increased. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill requires medical and retail marijuana testing facilities to be accredited pursuant to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard by a body that is itself recognized by the International Laboratory Accreditation Cooperation by January 1, 2019. The state licensing authority can adopt rules providing for an extension of time to comply with the standard. The bill states that medical and retail marijuana testing is a matter of statewide concern. The bill appropriates $10,656 from the marijuana cash fund to the department of revenue to implement the act. The money is then reappropriated to the department of law for legal services. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill states that, as used in the existing criminal offense of obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer, the term 'obstacle' includes an unmanned aircraft system. The bill also adds language stating that the offense does not apply to an unmanned aircraft system operator who complies with certain operational requirements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Section 1 of the bill: Generally requires a county or municipality that levies excise tax on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility (retail marijuana excise tax) to levy the tax at a rate of up to 5% of the average market rate (the only basis for calculation allowed under current law) of the unprocessed retail marijuana if the transaction is between affiliated retail marijuana business licensees and at a rate of up to 5% of the contract price of the unprocessed retail marijuana if the transaction is between unaffiliated retail marijuana business licensees; As a temporary exception to the new general requirement that retail marijuana excise tax on transactions between unaffiliated marijuana business licensees be calculated based on the contract price of the unprocessed retail marijuana, allows a county or municipality which, before November 1, 2018, obtained voter approval to levy only an excise tax calculated based on the average market rate of the unprocessed retail marijuana and thereafter could not obtain voter approval for an amendment to allow the excise tax to be calculated based on the contract price for the unprocessed retail marijuana to continue to collect retail marijuana excise tax on such transactions based on an average market rate calculation until December 31, 2020; and Clarifies that if a retail marijuana cultivation facility uses a retail marijuana transporter, as defined in current law, to transport unprocessed retail marijuana being sold or transferred by the retail marijuana cultivation facility to a retail marijuana product manufacturing facility, a retail marijuana store, or another retail marijuana cultivation facility, the transportation of the unprocessed retail marijuana by the retail marijuana transporter is not a transfer of unprocessed retail marijuana for the purpose of levying a county or municipal retail marijuana excise tax. Section 2 clarifies that a metropolitan district may levy only its general uniform sales tax on retail sales of marijuana and may not levy a special marijuana sales tax. Section 3 requires state retail marijuana excise tax to be calculated as 15% of the contract price when the first transfer of retail marijuana that has been harvested for sale at a retail marijuana store or extraction by a retail marijuana product manufacturing facility is between unaffiliated retail marijuana cultivation facilities. Section 4 appropriates $15,480 to the department of revenue for tax administration IT system (GenTax) support.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Joint Budget Committee. The bill requires the state treasurer to transfer $19,965,068 from the general fund to the tobacco litigation settlement cash fund on July 1, 2018. This money is allocated for the 2018-19 fiscal year to the programs, services, and funds that receive tobacco litigation settlement money to supplement the allocation of settlement money that those programs, services, and funds will otherwise receive.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill requires the department of corrections (department) to track the prison bed vacancy rate in both correctional facilities and state-funded private contract prison beds on a monthly basis. If the vacancy rate falls below 2% for 30 consecutive days, the department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of community corrections in the department of public safety (office of community corrections). The department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of community corrections once the vacancy rate exceeds 3% for 30 consecutive days. When the vacancy rate falls below 2% for 30 consecutive days, the department may: Request the office of community corrections to provide the department with information regarding the location and nature of any unutilized community corrections beds; Request the parole board review a list of inmates who are within 90 days of their mandatory release date, have an approved parole plan, and do not require full board review or victim notification. The parole board must hold a file review for the inmates on the list within 10 days after the receipt of the list. Coordinate with the parole board to review the list of inmates who have satisfied conditions for conditional release verified by the department of corrections, do not require full board review or victim notification, and have satisfied the condition or conditions required for parole. The parole board must hold a file review for the inmates on the list within 10 days of the receipt of the list.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, the correctional education program in the department of corrections is required to provide every person in a correctional facility who demonstrates college-level aptitudes with the opportunity to participate in college-level academic programs that may be offered within the correctional facility. However, unless financial assistance for costs of the programs is provided through certain programs or through private or federally funded grants or scholarships, costs associated with such college-level academic programs must be borne entirely by the person participating in the program. The bill removes this stipulation concerning costs and states instead that such costs may be borne through private, local, or federally funded gifts, grants, donations, or scholarships, or by such persons themselves, or through any combination of such funding. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law allows the state board of health to adopt rules concerning the disposal of naturally occurring radioactive materials (NORM) only after the federal environmental protection agency (EPA) has adopted rules concerning the disposal of NORM. The EPA has not adopted the rules. The bill repeals this prohibition and requires the state board to adopt rules, which must also regulate technologically enhanced NORM (TENORM), by December 31, 2020. Before the rules are adopted, the department of public health and environment is required to: Convene a stakeholder group to discuss the development of rules; and Prepare a report and a detailed summary of the stakeholder process and provide them to the general assembly by December 31, 2019. Until the rules become effective, the handling, transportation, beneficial use, and disposal of TENORM is governed by guidance, including specified letters, issued by the department. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill implements several recommendations from the child support commission, including: Authorizing a county delegate child support enforcement unit (county CSEU) to file a notice of withdrawal in any proceeding in which they are a party when the county CSEU case is closed; Authorizing a county CSEU to produce, issue, and serve a subpoena to compel a party in a juvenile case to provide a genetic test sample for purposes of determining paternity; Clarifying terms in child support enforcement statutes, including 'administrative process action' or 'APA', 'APA-respondent', and 'APA-petitioner'; Establishing parameters for negotiation conferences to establish a child support obligation and parameters for missing such a scheduled conference; Allowing an APA-respondent to opt out of an administrative process action and request, in writing, a court hearing; Establishing timelines and guidelines for service of notice of financial responsibility; Clarifying the requirements allowing a court to issue an order of default; Establishing requirements for filing genetic testing results with the court; Requiring a party to an administrative process action that retains legal counsel to provide written notice of such legal counsel, or termination of legal counsel, to the county CSEU; Establishing the rights and duties of all parties to an administrative process action case; and Setting forth procedures for requesting a court hearing or transfer of jurisdiction or entering a default order of modification. The bill requires the participation of county CSEUs and insurance companies in the child support insurance lien network data match, establishes the child support insurance lien fund (fund) and authorizes payments into the fund from fees collected by the state child support enforcement agency in its efforts to attach insurance claim payments, awards, and settlements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sunset Process - House State, Veterans, and Military Affairs Committee. The bill implements the recommendations of the department of regulatory agencies in its sunset review and report on the measurement standards law by extending the law for 15 years.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Transportation Legislation Review Committee. The bill creates the expedited registration program (program). The program authorizes the department of revenue (department) to promulgate rules authorizing private providers to register interstate commercial vehicles. The provider may collect and retain a convenience fee. The bill requires the program to: Operate efficiently; Result in overall cost savings to the state by providing additional services or by increasing the speed or quality of service; and Register commercial vehicles and collect taxes and fees in compliance with state law. To qualify, a private provider must: Be approved by the department; Use appropriate software approved by the department; and Submit evidence of financial responsibility. The department may deny, suspend, or revoke the authority to be a provider if the provider violates the law, makes a material misstatement in an application, or fails to perform. To implement the bill, annual general appropriation to the department for driver services is decreased by $30,747, $25,471 is appropriated to the department from the licensing services cash fund, and $26,141 is appropriated to the department from the Colorado DRIVES vehicle services account. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill directs a peace officer to remove a person from a residential premises and to order the person to remain off the premises if the owner or owner's authorized agent (declarant) swears to a declaration making specified statements concerning ownership of the premises and the lack of authority for the person or persons who are on the premises to be there. The peace officer must allow the person a reasonable opportunity to obtain evidence of his or her authority to be on the premises. A declarant: Agrees to indemnify a peace officer and his or her agency for acts and omissions made in reliance upon the declaration; and Is liable for actual damages, attorney fees, and costs for any false statements made in the declaration. If the declaration includes a statement that the property has been altered or damaged, or if the peace officer sees evidence of alteration or damage, the peace officer shall collect the personal information of the persons removed and provide it to the declarant. A person removed from the property pursuant to the bill who alters or damages the property is guilty of a class 1 misdemeanor. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
