The bill requires each municipality, on and after January 1, 2020, to provide independent indigent defense for each indigent defendant facing a possible jail sentence for a violation of a municipal ordinance. Independent indigent defense requires, at minimum, that a nonpartisan entity independent of the municipal court and municipal officials oversee the provision of indigent defense counsel. To satisfy this requirement, a municipality may: Contract directly with defense attorneys to provide independent indigent defense; or Establish a local or regional independent indigent defense commission to appoint and supervise defense counsel. A municipality that contracts directly with defense attorneys to provide independent indigent defense shall ensure that oversight of such attorneys is provided by the office of alternate defense counsel, by a legal aid clinic at an accredited Colorado law school, or by a local or regional independent indigent defense commission. The bill requires the state public defender to appoint the members of any local or regional independent indigent defense commission. The bill sets forth an annual timeline by which a municipality may request and potentially receive the services of the office of alternate defense counsel to: Evaluate the provision of defense counsel to indigent defendants; or Provide defense counsel to indigent defendants at the expense of the municipality.(Note: This summary applies to this bill as introduced.) , Read More
The bill requires a person swearing an oath of office for a public office or position to do so by swearing by the everliving God. The bill also requires the person swearing the oath of office to do so with an uplifted hand. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law authorizes 'forced' or 'statutory' pooling, a process by which any interested person–typically an oil and gas operator–may apply to the Colorado oil and gas conservation commission (commission) for an order to pool oil and gas resources located within a particularly identified drilling unit. After giving notice to interested parties and holding a hearing, the commission can adopt an order to require an owner of oil and gas resources within the drilling unit who has not consented to the application (nonconsenting owner) to allow an oil and gas operator to produce the oil and gas within the drilling unit notwithstanding the owners lack of consent. The bill clarifies that an order entered by the commission establishing a drilling unit may authorize more than one well. The order must specify that a nonconsenting owner is immune from liability for costs arising from spills, releases, damage, or injury resulting from oil and gas operations on the drilling unit. Currently, a nonconsenting owner must pay the consenting owners from the nonconsenting owner's share of production 200% of the nonconsenting owner's proportionate share of the costs of drilling, including equipment. The bill limits this 200% cost recovery to wells 5,000 feet or less in depth and increases the cost recovery to 300% for wells greater than 5,000 feet in depth and for horizontal wells. Current law prohibits entry of a pooling order until the mineral rights owners have been given a reasonable offer to lease their rights. The bill specifies that the offer must be given at least 60 days before the hearing on the order and must include a copy of or link to a brochure supplied by the commission that clearly and concisely describes the pooling procedures and the mineral owner's options pursuant to those procedures. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Section 1 of the bill repeals the wind for schools grant program. Section 2 repeals the renewable energy and energy efficiency for schools loan program. Section 3 removes the Colorado energy office's (office) involvement with the forest service and the air quality control commission to support the increased use of woody biomass in bio-heating. Section 4 removes the office's involvement in grants with the Colorado energy research institute for the development of a central resource for building trade professionals. Section 5 : Specifies nuclear and hydroelectric power as a cleaner energy source that the office should promote; Adds energy storage systems as items that the office should promote; Adds propane as a traditional energy source that the office should promote; Amends the office's requirement to develop and encourage increased utilization of energy curricula, and expands the collaborative groups to include the energy industry and executive departments; and Repeals certain programs for which the office is responsible. Section 6 renames the clean and renewable energy fund as the energy fund and adds the authority to spend the money in the fund for educating the general public on energy issues and opportunities. Section 7 removes the requirement that the funds used in the innovative energy fund for grants or loans shall be limited to innovative energy efficiency projects and policy development. Section 8 repeals the office's authority to submit a proposal for credentialing photovoltaic installers. Section 9 repeals the green building incentive pilot program. Section 10 repeals the 'Colorado Clean Energy Finance Program Act'. Section 11 removes the office's responsibility to maintain a list of solar installers and instead requires the list to be maintained by the Colorado solar energy industries association, or a successor organization, and removes the requirement for the office to offer training on solar installations. Section 12 removes an obsolete section of law pertaining to a computer system for tracking the movement of gasoline or special fuel in the state. Section 13 removes the office as the administrator of the Colorado carbon fund special license plate. Section 14 makes conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill allows the public utilities commission to approve, and electric utilities to charge, economic development rates, which are lower rates for commercial and industrial users who locate or expand their operations in Colorado so as to increase the demand by at least 3 megawatts. To qualify for the economic development rates, these users must demonstrate that the cost of electricity is a critical consideration in their decision where to locate or expand their business and that the availability of lower rates is a substantial factor. The rates may be offered for up to 10 years. The bill also authorizes the expansion of a voluntary renewable energy program or service offering as necessary to meet the needs of a commercial or industrial customer that makes a capital investment of $250 million or more, requires the expansion in order to remain as a customer of a utility, or is a new customer. Utilities that offer economic development rates shall not cross-subsidize the economic development rates by raising rates on other customers, and a utility bears the burden of proof on this issue in any proceeding before the commission. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill directs the public utilities commission to adopt rules establishing mechanisms for the procurement of energy storage systems by investor-owned electric utilities, based on an analysis of costs and benefits as well as factors such as grid reliability and a reduction in the need for additional peak generation capacity. The information supplied by the utilities must include appropriate data and must specify interconnection points to enable independent evaluation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill specifies that an autopsy report prepared in connection with the death of a minor is confidential and may be disclosed by the county coroner to any other person or entity only in accordance with certain exceptions. Under the bill, the coroner or his or her designee may only provide a copy of the autopsy report prepared in connection with the death of a minor to: A parent or legal guardian of the deceased if the parent or legal guardian submits a copy of a written request to the coroner for a copy of the report in addition to an affidavit, signed by the parent or legal guardian under the penalty of perjury, verifying his or her relationship to the decedent; A law enforcement or criminal justice agency, including a district attorney, that is either investigating the death or prosecuting a criminal violation arising out of the death upon the request of the law enforcement or criminal justice agency, including a district attorney; A requesting party in a civil case where the moving party demonstrates to the court that the autopsy report is discoverable in accordance with the Colorado rules of civil procedure, upon the entry of a specific order of the court authorizing disclosure of the autopsy report, and in accordance with any protective order necessary to limit disclosure of the identity of the deceased and other identifying personal information; Counsel for the defendant, or the defendant if he or she is not represented by counsel, for discovery purposes in a criminal case upon the entry of a specific order of the court authorizing disclosure of the autopsy report in accordance with the relevant rules of criminal procedure only if discovery has not otherwise been provided to counsel or the defendant; A law enforcement agency that is investigating the death upon the request of the law enforcement agency; A local or regional child fatality prevention review team upon the request of the review team; The Colorado department of public health and environment as necessary for the collection of data in accordance with the Colorado violent death reporting system. The Colorado child fatality review team upon the request of the review team; A county department of human or social services in connection with the investigation of an incidence of alleged abuse or neglect of a minor; The division of youth services in the department of human services in connection with the investigation of a fatality that has occurred within a state owned or operated residential facility; A community clinic or a treating hospital for inclusion within the medical records of the deceased; An eye bank, an organ procurement organization, or a tissue bank; or A local or regional domestic violence fatality review team or the Colorado domestic violence fatality review board upon the request of a team or the board, as applicable.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Currently and until September 1, 2018, a distributor can claim a credit for taxes paid on tobacco products that are shipped or transported by the distributor to a consumer outside of the state. The bill makes the credit permanent and requires the distributor to maintain certain records related to the out-of-state sales to consumers. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Section 1 of the bill expands the definition of 'eligible elector', as used in reference of persons voting in special district elections, to include a natural person who owns, or whose spouse or civil union partner owns, taxable real or personal property situated within the boundaries of the special district or the area to be included in the special district and who has satisfied all other requirements in the bill for registering to vote in an election of a special district but who is not a resident of the state. Section 2 prohibits a person from voting in a special district election unless that person is an eligible elector as defined by the bill. The section also requires any natural person desiring to vote at any election as an eligible elector to sign a self-affirmation that the person is an elector of the special district. The bill specifies the form the affirmation must take. Section 3 specifies procedures by which the eligible elector who is an eligible elector in another state becomes registered to be able to vote in the special district election. This section also contains an affirmation to be executed by the voter upon completing his or her application for registration. The oath or affirmation must be notarized by the elector. Section 3 also permits any special district organized under the laws of the state, upon passage of a resolution by the board of the district (board), to allow an elector whose eligibility has been established through the procedures specified in the bill to vote for candidates for the board of directors of the special district. The bill makes clear that no person who is designated as an eligible elector is permitted to cast a ballot at any special district election without first having been registered within the time and in the manner required by the bill. The bill only applies to a special district whose board, by resolution, permits an eligible elector who is not a resident of the state to vote in elections of the special district. A person who is designated as an eligible elector in accordance with the bill is only permitted to vote in an election of the special district with which the person has registered and for a candidate for the board of directors of the special district who is listed on the ballot of the special district with which the elector is registered. A person who is designated as an eligible elector in accordance with the bill is only permitted to vote for candidates for the board and is not authorized to vote for any other candidates or ballot issues or ballot questions that may appear on the regular ballot of the special district. The bill describes procedures by which an eligible elector who is a resident of another state registers to vote with the special district. The form used to register an eligible elector under this section must contain a question asking the elector to confirm that he or she desires to receive a ballot from the special district. Unless the elector has executed the form to indicate that he or she desires to receive a ballot from the special district, the designated election official is not required to send a ballot to the elector. The special district is solely responsible for maintaining the list of nonresident owners of property within the special district who are eligible to vote in an election of the special district. Section 4 authorizes each special district board to select, in an exercise of its own discretion and by majority vote of the board's voting members, one or more additional board members, each of whom shall serve as a nonvoting member of the board. A member of the board appointed for this purpose must be a person who is a nonresident of the state of Colorado but is otherwise eligible to cast a ballot in elections of the special district in accordance with the bill. A board with 3 members may appoint no more than one nonvoting member of the board. A board with 5 members may appoint no more than 2 nonvoting members of the board. The term of such board members is 4 years subject to renewal of one or more additional 4-year terms in the discretion of a majority of the voting members of the board. Any board member appointed for this purpose may be removed for cause at any time by a majority of the voting members of the board.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill requires each state agency to develop a long-range financial plan on or before November 1, 2019, and to update the plan each of the next 4 years thereafter. The department of state, the department of treasury, the department of law, and the judicial branch shall each publish the required components of the plan for their respective state agencies. The office of state planning and budgeting shall publish the required components of the plan in its annual budget instructions for all other state agencies. The state agency is required to submit its long-range financial plan to the joint budget committee, along with its annual budget request, and post the plan on its official website. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates the submarine service license plate. In addition to the standard motor vehicle fees, the plate requires 2 one-time fees of $25. One fee is credited to the highway users tax fund and the other to a fund that provides licensing services. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Joint Budget Committee. For the fiscal year 2018-19, and each fiscal year thereafter, the bill increases the statutorily required general fund reserve from 6.5% to 7.25% of the amount appropriated for expenditure from the general fund. The bill also repeals the following exceptions from the definition of expenditure that is used to calculate the general fund reserve: Rental and other payments under a lease-purchase agreement for real property included in a separate, operating line item; and Money that the state controller credits from the general fund to the capital construction fund or to the principal of the controlled maintenance trust fund.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
