Property - rights-of-way and ditches - extent of right-of-way. The act clarifies that a ditch right-of-way, unless expressly inconsistent with the terms upon which the right-of-way was created, includes the right to construct, operate, clean, maintain, repair, and replace the ditch, to improve the efficiency of the ditch, including by lining or piping the ditch, and to enter onto the burdened property for such purposes, with access to the ditch banks, as the exigencies then existing may require, for all reasonable and necessary purposes related to the ditch.(Note: This summary applies to this bill as enacted.) Read More
The bill permits the issuance of a marriage license only to a person who is 18 years of age, unless the person is at least 16.5 years of age and emancipated through a court procedure. The bill creates a statutory procedure for the emancipation of minors. The court may issue an order for emancipation if the minor has attained 16.5 years of age at the time the order becomes effective, the order is in the minor's best interests, and the court determines that the minor has met the statutory requirements for emancipation, including but not limited to the ability to support himself or herself and to manage his or her own affairs. The court shall provide a minor with information about rights and responsibilities of emancipation and alternatives to emancipation and shall appoint an attorney to serve as guardian ad litem for the minor to investigate and report on the statutory criteria and the minor's best interests. The bill includes provisions relating to who may file a petition for an order of emancipation, the contents of the petition, and the hearing procedure and necessary court findings. As a result of the statutory procedure, an emancipated minor is considered to be 18 years of age and shall have all of the rights and responsibilities of a person who is 18 years of age; except that an emancipated minor is still subject to age restrictions relating to voting and possession of tobacco products. (Note: This summary applies to this bill as introduced.) Read More
Community colleges and occupational education - state student advisory council - membership requirement. A state student advisory council (council) exists for community colleges and occupational education. The act eliminates the requirement that a student member of the council must be classified as an in-state student for tuition purposes prior to the election to the council. (Note: This summary applies to this bill as enacted.) Read More
Directed trusts - Colorado Uniform Directed Trust Act. Under current law, the administration of trusts, including directed trusts, is generally governed by certain provisions in the probate code. The act repeals provisions governing directed trustees and creates a new "Colorado Uniform Directed Trust Act", which includes provisions concerning: Judicial proceedings; Trust directors' powers; Duties and liabilities of trust directors and directed trustees; and Powers that are excluded from the act.(Note: This summary applies to this bill as enacted.) Read More
School finance - mid-year adjustment to state share of total program funding - appropriation. The general assembly recognizes that the actual funded pupil count and the actual at-risk pupil count for the 2018-19 budget year are lower than anticipated when the appropriation amount was established during the 2018 legislative session. In addition, local property tax and specific ownership tax receipts are more than anticipated, increasing the local share of total program funding. The act declares the general assembly's intent to reduce state share of total program funding to maintain the dollar amount of the budget stabilization factor established during the 2018 legislative session. The act adjusts the amount of total program funding specified in statute to reflect this intent. The act makes an appropriation to the department of education to correct errors in the calculation and distribution of at-risk funding to the state charter school institute in 2 previous budget years. (Note: This summary applies to this bill as enacted.) Read More
Statute of limitations - failure to report child sexual abuse - 3 years. The act makes the statute of limitations 3 years for failure to report child abuse when a mandatory reporter has reasonable cause to know or suspect that a child has been subjected to unlawful sexual behavior or observed the child being subjected to circumstances or conditions that would reasonably result in unlawful sexual behavior.(Note: This summary applies to this bill as enacted.) Read More
Prerequisites for land acquisition - department of transportation. Previously, the law provided that when the department of transportation (CDOT) needs to acquire land in order to establish, open, relocate, widen, add mass transit to, or otherwise alter a portion of a state highway, it may only acquire the land after: The chief engineer of CDOT has provided a written report to the transportation commission that describes the project and all land to be acquired for the project, includes a map of the existing and future boundaries of the highway, and estimates the damages and benefits to each affected landowner; and The transportation commission has determined that, after providing 10 days written notice to the affected landowner of the date, time, and location of the commission meeting at which a resolution to authorize a proposed action and the filing of a petition in condemnation for land will be considered and providing the landowner with an opportunity to be heard at the meeting, the project will serve public interest or convenience and adopted a resolution authorizing the chief engineer to offer affected landowners appropriate compensation. The act authorizes CDOT, acting through the chief engineer, to acquire land in such circumstances by purchase or exchange without providing the report or obtaining transportation commission approval. If CDOT needs to acquire land in such circumstances through condemnation, it must provide the report and obtain transportation commission approval. (Note: This summary applies to this bill as enacted.) Read More
Hospitals - regulation of surgical smoke - prevention of human exposure. The act requires each hospital with surgical services and each ambulatory surgical center to adopt and implement on or before May 1, 2021, a policy that prevents human exposure to surgical smoke via the use of a surgical smoke evacuation system during any planned surgical procedure that is likely to generate surgical smoke. Surgical smoke is a gaseous by-product produced by energy-generating surgical devices.(Note: This summary applies to this bill as enacted.) Read More
Regulation of cigarettes, tobacco products, or nicotine products - local government regulation - state cigarette tax revenue apportionment to local governments - local governments' special sales taxes. Sections 1, 2, and 4 of the act authorize a county to enact a resolution or ordinance that prohibits a minor from possessing or purchasing cigarettes, tobacco products, or nicotine products. Sections 1 and 2 also authorize a county to impose regulations on cigarettes, tobacco products, or nicotine products that are more stringent than statewide regulations, including prohibiting sales to a person under 21 years of age, and section 4 expressly authorizes a county to enact a resolution or ordinance regulating the sale of cigarettes, tobacco products, or nicotine products to minors. Section 3 expressly authorizes a statutory or home rule city or town to enact an ordinance regulating the sale of cigarettes, tobacco products, or nicotine products to minors. From state income tax money, the state currently apportions an amount equal to 27% of state cigarette tax revenues to cities, towns, and counties in proportion to the amount of state sales tax revenues collected within their boundaries. In order to receive their allocation of this money, cities, towns, and counties are prohibited from imposing their own fees, licenses, or taxes on cigarette sales or from attempting to impose a tax on cigarettes. Section 5 removes this prohibition with respect to fees or licenses that a city, town, or county imposes or with respect to a tax that a city, town, or county attempts to impose, thus allowing cities, towns, and counties to impose fees or licenses or to attempt to impose taxes on cigarette sales without losing their apportioned state cigarette tax revenues. A city, town, or county that successfully imposes a tax on cigarette sales loses its apportioned state cigarette tax revenues. Section 6 authorizes a statutory or home rule city or town, city and county, or county, if approved by a vote of the people within the statutory or home rule city or town, city and county, or county, to impose a special sales tax on the sale of cigarettes, tobacco products, or nicotine products. Section 6 also provides a mechanism by which a county's special sales tax applies to a municipality within the boundary of the county unless the municipality, if approved by a vote of the people within the municipality, enacts its own such special sales tax; however, the county and municipality may then enter into an intergovernmental agreement authorizing the county to continue to levy, collect, and enforce its special sales tax within the corporate limits of the municipality.(Note: This summary applies to this bill as enacted.) Read More
Juvenile court jurisdiction for guardianship and parental responsibilities proceedings - findings supporting federal special immigrant juvenile classification. The act extends the jurisdiction of the court for guardianship proceedings and proceedings concerning the allocation of parental responsibilities for certain unmarried youth under 21 years of age who meet the requirements for such orders, as well as criteria specified in the act, and for whom findings are sought from the court that may support an application for special immigrant juvenile classification under federal law. The act clarifies that juvenile courts exercising jurisdiction for certain purposes may also enter findings establishing eligibility for special immigrant juvenile classification under federal law.(Note: This summary applies to this bill as enacted.) Read More
Athletic trainers - regulation - change from registration to licensing. The act changes the terms describing the regulation of athletic trainers from "registration" to "license" and "licensure" and from "registrant" and "registered athletic trainer" to "licensee".(Note: This summary applies to this bill as enacted.) Read More
Life care institutions - reserve requirement - surety bond option. Current law requires life care institutions to maintain reserves through 1 or more of several options that all require liquidity. The act allows a surety bond as a type of allowable reserve.(Note: This summary applies to this bill as enacted.) Read More
