The concurrent resolution repeals the constitutional provision requiring that the insurance commissioner be appointed by the governor with the consent of the senate.(Note: This summary applies to this concurrent resolution as introduced.)
Colorado Commission on Uniform State Laws. In 2014, the Uniform Law Commission approved a set of amendments to the "Colorado Uniform Fraudulent Transfer Act". The bill enacts those amendments. The principal features of the amendments are: Title change. The title of the act is changed to the "Colorado Uniform Voidable Transactions Act" (act). Choice of law. A new provision sets forth a choice of law rule applicable to claims for relief of the nature governed by the act. Evidentiary matters. New provisions add uniform rules allocating the burden of proof and defining the standard of proof with respect to claims for relief and defenses under the act. Deletion of the special definition of "insolvency" for partnerships. The act as originally written set forth a special definition of "insolvency" applicable to partnerships. The amendments delete the original language, with the result that the general definition of insolvency now applies to partnerships. Defenses. Defenses available to a transferee or obligee are refined as follows: As originally written, the act created a complete defense to an action for a fraudulent transfer (which renders voidable a transfer made or obligation incurred with actual intent to hinder, delay, or defraud any creditor of the debtor) if the transferee or obligee takes the transfer in good faith and for a reasonably equivalent value. The amendments add to the act the further requirement that the reasonably equivalent value must be given to the debtor. The act created, in a provision derived from the federal "Bankruptcy Code", a defense for a subsequent transferee (that is, a transferee other than the first transferee) that takes a transfer in good faith and for value, and for any subsequent good-faith transferee from a person. The amendments clarify the meaning of the defense by rewording it to follow more closely the wording of the federal "Bankruptcy Code", which is substantially unchanged as of 2014. Among other things, the amendments make clear that the defense applies to recovery of or from the transferred property or its proceeds, by levy or otherwise, as well as to an action for a money judgment. The act as originally written created a defense to an action for a fraudulent transfer or to avoid a transfer if the transfer results from enforcement of a security interest in compliance with the secured transactions provisions of the "Uniform Commercial Code". The amendments exclude from that defense acceptance of collateral in full or partial satisfaction of the obligation it secures (a remedy sometimes referred to as "strict foreclosure"). Medium neutrality. In order to accommodate modern technology, the references in the act to a "writing" have been replaced with "record" and related changes are made. Style. The amendments make a number of stylistic changes that are not intended to change the meaning of the act, including retitling of the act.(Note: This summary applies to this bill as introduced.)
The bill requires an employer, as a condition of employment, or a state agency that imposes a COVID-19 vaccine or testing requirement to allow a person subject to the requirement to instead provide documentation demonstrating that the person has naturally acquired immunity to the disease.(Note: This summary applies to this bill as introduced.)
Current law prohibits a court from releasing a person on an unsecured personal recognizance bond without consent of the district attorney or unless the court imposes certain additional individualized conditions of release if the person is presently free on another bond of any kind in another criminal action involving a felony or a class 1 misdemeanor, has a record of conviction of a class 1 misdemeanor within 2 years or a felony within 5 years, has willfully failed to appear on bond in any case involving a felony or a class 1 misdemeanor charge in the preceding 5 years (collectively, persons accused of repeat or violent offenses). The bill removes the provisions regarding district attorney consent and additional conditions of release and prohibits a court from releasing a person accused of repeat or violent offenses on any unsecured personal recognizance bond. The bill adds to persons accused of repeat or violent offenses a person who is accused of committing a crime of violence and the court finds probable cause to believe that the person has committed the offense. Existing law requires any monetary condition of pre-trial release to be reasonable. The bill clarifies that for a person accused of repeat or violent offenses, a reasonable monetary condition is at least $7,500. (Note: This summary applies to this bill as introduced.)
Section 1 of the bill extends the powers of the initiative and referendum reserved to the people in the state constitution to the electors of special districts.Section 2 requires each developer-affiliated board (board) of a special district (district) to issue an agenda and board packet for each board meeting. The board must send the agenda and board packet by regular United States mail and by e-mail to each resident of the district along with a separate statement that expressly discloses to each resident the fact that the board has a conflict of interest with the residents and that residents of the district may serve on the board. The bill also requires each board to send a self-nomination form to each resident of the district with each agenda and board packet with instructions that a resident may follow for completing the form and delivering the completed form to the manager and legal counsel of the district. Immediately upon receiving a self-nomination form from a resident for a position on the board, the board must identify the board position to be terminated and immediately appoint the resident who submitted the self-nomination form to fill the position. A developer-affiliated position is immediately terminated upon receipt by the board of a self-nomination form from a resident. If self-nomination forms are received from residents in an amount that exceeds the positions on the board, the board is required to immediately call a special election to fill all of the developer-affiliated positions. (Note: This summary applies to this bill as introduced.)
The bill enacts the "Property Ownership Fairness Act" (act). The bill entitles a property owner to seek just compensation from a governmental entity that enacts a land use law reducing the right of a property owner to use, divide, sell, or possess their property and reducing the fair market value of the property. The bill sets forth the procedure by which a property owner can demand just compensation and sets forth exceptions where a property owner is not entitled to seek just compensation for a land use law. Additionally, the bill prohibits a governmental entity from enacting a land use law that caps residential building permits issued in a single or multi-year period with the intent of limiting growth or development.(Note: This summary applies to this bill as introduced.)
If the owner of a vehicle fails to title or register the vehicle as required by statute, current law imposes the following penalties, when applicable: For failing to register a motor vehicle, trailer, semitrailer, or vehicle within 60 days after purchase, a penalty of $50 and a surcharge of $16; For failing to title or register a vehicle within 90 days after becoming a resident: A fine of $300 or 10 days in county jail; A supplemental unregistered vehicle fine of $25 to $100 for each month after the 90-day period; and A civil penalty of $500; For failing to apply for a certificate of title within 60 days after purchasing a motor vehicle or off-highway vehicle, a penalty of $15 to $100; For failing to follow any part of the titling statute, including applying for or obtaining a certificate of title, a fine of $300 or 10 days in county jail; For failing to register a vehicle, a late fee of $25 to $100 for each month after the expiration of the registration; and For failing to register a vehicle that is without motive power and weighs 16,000 pounds or less or a camper trailer or a multipurpose trailer, a late fee of $10. If an owner failed to title or register a vehicle within the 60- or 90-day period required by law between January 1, 2021, and January 1, 2023, and the owner titles or registers the vehicle by June 1, 2023, the bill exempts the owner from the penalties, fines, surcharges, and late fees imposed by statute. If a person has already paid statutory penalties, fines, surcharges, and late fees incurred on or after January 1, 2021, and before January 1, 2023, the person may apply to the department of revenue (department) for reimbursement. The department will reimburse the person from money appropriated for that purpose from the general fund. The highway users tax fund is reimbursed from the general fund for the portion of these penalties, fines, surcharges, and late fees that are not paid to the highway users tax fund. (Note: This summary applies to this bill as introduced.)
The bill extends the right to use deadly physical force against an intruder under certain conditions to include owners, managers, and employees of a business. (Note: This summary applies to this bill as introduced.)
For income tax years beginning on or after January 1, 2023, but before January 1, 2030, the bill creates an income tax credit (tax credit) for any employer that: Creates a clean commuting plan to implement strategies to increase the use of alternative transportation options and reduce the number of measurable vehicle miles driven by its employees in single-occupancy vehicles when commuting to and from their work site (clean commuting plan) for the purpose of reducing automobile-related air pollution, traffic congestion, and transportation costs, particularly for essential workers and workers earning under $40,000 per year; Conducts an employer commuter survey to determine how its employees commute to and from their work site; and Offers 2 or more alternative transportation options to some or all of its employees in furtherance of the employer's clean commuting plan. The amount of the tax credit is 50% of the amount spent by the employer to provide alternative transportation options to some or all of its employees. In addition, the bill requires the executive director of the department of transportation (director), in coordination with the Colorado energy office and metropolitan planning organizations, to create an annual commuter survey for employers to use to determine how their employees commute to and from their work site. The director and the Colorado energy office are required to determine the content of the commuter survey and the form and manner in which the commuter survey will be completed and returned to the department of transportation. Beginning in specified calendar years, in an effort to reduce the number of employees who commute to and from their work site in a single-occupancy vehicle, employers with over 100 employees are required to: Annually conduct a commuter survey of its employees and submit the completed commuter surveys to the department of transportation by April 30 of the year in which the survey was conducted; Offer its employees qualified transportation fringe benefits allowed pursuant to federal law; Offer its employees commuter choice information in electronic or hard copy format and update the information every 6 months; and Offer a cash allowance in lieu of a parking space under certain circumstances. The bill requires that any private sector employer that wishes to claim the tax credit participate in the employer commuter survey and submit the results of the survey to the department by April 30 of the year in which the survey is conducted, even if the employer's participation in the commuter survey is not otherwise required. For the 2023-24 state fiscal year, and for each state fiscal year thereafter through the 2029-30 state fiscal year, of the money allocated to the transportation commission for state multimodal projects from the multimodal transportation and mitigation options fund, the transportation commission is required to allocate $250,000 to each of the transportation management associations and transportation management organizations operating in a nonattainment area for the purposes of assisting employers in creating a clean commuting plan and complying with the requirements of the bill. (Note: This summary applies to this bill as introduced.)
With certain exceptions, current law prohibits a concealed carry permit holder from carrying a concealed handgun on public elementary, middle, junior high, or high school grounds. The bill removes this limitation. The bill prohibits a local government from prohibiting carrying a concealed handgun on school grounds by a person who has a valid concealed carry permit. (Note: This summary applies to this bill as introduced.)
Under existing law, it is unlawful for a person to sell, transfer, or possess large-capacity ammunition magazines (LCMs), with some exceptions. The bill allows a person to possess an LCM for the purpose of participating in a firearm shooting competition that is sanctioned by, under the auspices of, or in coordination with a state agency. (Note: This summary applies to this bill as introduced.)
The bill requires the state treasurer to transfer $723 million from the general fund to the state education fund for the 2022-23 budget year. The bill repeals the budget stabilization factor starting in the 2023-24 budget year, and for each budget year thereafter. The bill creates the Hope Scholarship Program (program) in the department of education (department). The purpose of the program is to meet the educational needs of every eligible student by assisting with certain education expenses. The bill requires: The department to contract with an entity that will administer the program (administering entity); The department to transfer to the administering entity an amount equal to 125% of the prior budget year's average state share of per pupil revenues for an eligible student who receives a scholarship; The department to prorate the amount transferred to the administering entity based on the amount of time remaining in the budget year, and deduct the amount transferred from the amount that the department distributes to the eligible student's school district of residence for the budget year in which an account is created, subject to limitations; The parent of an eligible student to apply to the administering entity for a scholarship; A parent of an eligible student to only spend scholarship money on defined eligible expenses; and The administering entity to oversee the program and perform an audit to ensure scholarship money is spent on defined eligible expenses.(Note: This summary applies to this bill as introduced.)
