The bill limits penalties for violations relating to the sale of alcohol beverages to a visibly intoxicated or underage person that occur in a sales room for licensees operating a beer wholesaler, winery, limited winery, or distillery, or in a retail establishment, for licensees operating a brew pub, vintner's restaurant, or distillery pub, by prohibiting the licensing authority from: Basing any fine on the estimated gross revenues of any manufacturing or wholesale activities of the licensee; and Extending any suspension to the manufacturing or wholesale activities of the licensee.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Statutory Revision Committee. Pursuant to section 24-1-136 (11)(a)(I), Colorado Revised Statutes, any report that is required to be made to the general assembly by an executive agency or the judicial branch on a periodic basis expires on the day after the third anniversary of the date on which the first report was due unless the general assembly, acting by bill, continues the requirement. Sections 1, 3, and 4 continue indefinitely the reporting requirements contained in those statutory sections. Sections 2, 5, 6, and 7 repeal reporting requirements by the department of public safety that were scheduled to repeal according to section 24-1-136 (11)(a)(I). Currently there is no repeal date listed in the organic statute. (Note: This summary applies to this bill as introduced.)
Transportation Legislation Review Committee. The bill: Amends the definition of 'autocycle' to: -Specify that an autocycle is a three-wheeled motorcycle that does not use handlebars or any other device that is directly connected to a single front wheel to steer and in which the driver and each passenger ride in either a fully or a partly enclosed seating area that is equipped with a safety belt system; and -Eliminate the requirements that an autocycle be equipped with air bags and a hardtop enclosure that protects occupants from the elements and can support the weight of the vehicle without harming occupants when the vehicle is resting on the enclosure; Makes a conforming amendment to the definition of 'motorcycle' to clarify that an autocycle is a motorcycle; Amends the definitions of 'motor vehicle' and 'safety belt system' used in the laws governing mandatory child restraint system and safety belt use, respectively, to clarify that those laws apply to autocycles and that, with respect to the mandatory safety belt use law, every driver and passenger in an autocycle, including a back seat passenger, must wear a fastened safety belt.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under existing law, no land area that is 40 acres or more used primarily and zoned for agricultural uses may be included in any park and recreation district without the written consent of the land owners. Sections 1 and 2 of the bill make any metropolitan district providing parks or recreational facilities and programs subject to this limitation. Sections 3 and 4 clarify that only those signatures obtained after the approval by a county or municipality of the service plan of a proposed special district may be considered by the district court in determining whether the required number of taxpaying electors of such district have signed the petition for organization.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Within the statutory title on taxation, some sections require a taxpayer to pay taxes via electronic funds transfer (EFT) while other sections allow a taxpayer to pay taxes via EFT. The same is true for electronic filing of returns. The inconsistent approach of requiring it in some cases and allowing it in others has created difficulty in administering the laws, particularly when the department of revenue tried by rule to provide a consistent exception in the form of an undue hardship waiver for EFT. The bill changes the EFT and electronic filing requirements for consistency, specifying in all cases that the department may require EFT and electronic filing and that the department may promulgate rules to implement EFT and electronic filing. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently, a bank may rely on a certificate of trust when trustees open a trust deposit account. The bill requires trustees to provide additional information in a certificate of trust. The bill also permits a bank to rely on a certificate of trust for any transaction between the bank and the trustees unless the bank has knowledge that the certificate of trust is contrary to the trust agreement. Knowledge will not be inferred solely because the bank has a copy of the trust agreement. The bill allows credit unions to rely on a certificate of trust in the same manner as a bank. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill amends language describing the criminal offense of insurance fraud. The bill states that, for criminal offenses relating to insurance fraud, the period within which a prosecution must be commenced begins to run upon discovery of the criminal or delinquent act. Current law provided immunity to persons, insurers, and authorized agencies that act in good faith to cooperate, furnish evidence, or provide information concerning an actual or suspected fraudulent insurance act. The bill extends this immunity to secondary agencies that do the same. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill establishes a process for a defendant who has paid a monetary amount due for a criminal conviction in a district or county court to request a refund of the amount paid if: The conviction was overturned and either the charges were dismissed or the person was acquitted following a new trial; or All or part of an order for restitution was reversed and the defendant paid more restitution than was ultimately ordered. The bill directs the state court administrator to pay to the defendant the amount of any refund found due.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, a judge may issue an ex parte order authorizing the interception of certain communications if there is probable cause to believe that evidence of a crime that is on the statutory list will be obtained. The bill adds to the list of crimes human trafficking for involuntary servitude and for sexual servitude. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill consolidates and clarifies various statutory sections concerning reductions of sentences for county jail inmates. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 1 of the bill expands the law covering contracts between performing rights societies and proprietors of retail establishments to cover investigations and negotiations between the two. Current law gives a retail establishment 72 hours to consider and to rescind a contract with a performing rights society. Section 2 changes this standard to 3 business days. Section 2 also clarifies that the law governing these negotiations and contracts applies to representatives of these societies. Finally, the societies are prohibited from charging a proprietor for performances that are already licensed for the performance. Section 3 raises the minimum statutory damages from $1,000 to $2,000 for violating the statutes covering performing rights societies. Section 4 : Requires a performing rights society to publish and file with the secretary of state its form contracts and a schedule of fees it charges a proprietor to license music for public performance. A link to the schedule must be filed with the secretary of state, who publishes the link. Upon request from the secretary of state, requires each performing rights society to provide information concerning a proprietor's rights and duties for public performances. The secretary of state must post the information on the secretary's website. Requires a performing rights society to publish a catalog of musical works the society licenses. A link to the catalog must be filed with the secretary of state, who publishes the link. Section 5 authorizes the secretary of state to collect filing fees for the filings required by the bill.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill legalizes the possession of a gravity knife or switchblade knife by removing such knives from the definition of 'illegal weapon'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
