Current law requires a landlord to provide a tenant 3 days to cure a violation for unpaid rent before the landlord can initiate eviction proceedings based on that unpaid rent. The bill allows landlords to initiate an eviction proceeding after providing 3 days' notice but requires landlords to accept payment of all outstanding amounts due before the date by which a tenant is required to appear in court in an eviction proceeding. For a second or subsequent violation of the same agreement within 6 months of a violation, a landlord may require payment within 3 days.(Note: This summary applies to this bill as introduced.) , Read More
The bill requires the department of public health and environment to collect and report on greenhouse gas emissions data. (Note: This summary applies to this bill as introduced.) , Read More
The bill makes changes to the teacher loan forgiveness program, renaming it the educator loan forgiveness program (program), and revising the eligibility criteria for the program. The program: Repays up to $5,000 of qualified educational loans for up to 5 years for teachers and other educators employed in qualified positions under the program; and Targets teachers and other educators employed in hard-to-fill positions due to geography or content area. The department of education is required to annually identify the shortage areas that qualify for the program. Subject to available appropriations, the Colorado commission on higher education (commission) shall approve up to 100 new participants in the program each year, and the bill specifies the criteria the commission shall use to prioritize applicants, if necessary. The program includes the educator loan forgiveness fund, and the commission shall adopt policies that ensure that loan repayment is made only on qualified loans for educators in qualified positions. The commission shall prepare an annual report for the general assembly that includes information concerning the shortage areas identified by the department of education and information concerning the program participants. The bill extends the repeal date of the program. (Note: This summary applies to this bill as introduced.) , Read More
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Sentencing in the Criminal Justice System Interim Study Committee. The bill repeals the provision that requires a court to sentence a person who has been convicted of 2 prior felonies within 10 years of the commission of another felony to the department of corrections for a term of 3 times the maximum of the presumptive range for the level of felony last committed. Under current law, a court must sentence a person convicted of a felony who has been convicted of 3 prior felonies to 4 times the maximum of the presumptive range of the last felony. The bill changes the provision so that it applies only to a person convicted of one of the specified felonies who has 3 prior convictions relating to the specified felonies. It requires the court to sentence the person to between 2 and 3 times the maximum of the presumptive range for the felony for which he or she is being sentenced, unless the court finds the case to be exceptional and involves extenuating circumstances. If the court finds extenuating circumstances, it may sentence the person to a lesser term, to community corrections, or to probation, but the court must notify the state court administrator of the extenuating circumstances justifying such a sentence. A person sentenced as an habitual offender is eligible for parole after he or she has served 75% of the sentence imposed less any earned time granted. (Note: This summary applies to this bill as introduced.) Read More
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Sentencing in the Criminal Justice System Interim Study Committee. Currently, a court is required to sentence certain sex offenders to an indeterminate sentence that is a maximum of the sex offender's life. The bill allows the court to choose either the indeterminate sentence or a determinate sentence in those cases. The bill addresses the factors related to punishment and treatment that a court must consider when deciding between an indeterminate or a determinate sentence. The court must specify its reasons on the record for choosing either a determinate or an indeterminate sentence.(Note: This summary applies to this bill as introduced.) , Read More
On solely a one-time basis within the state, the bill requires a state district court to waive all statutory requirements specified for the approval of a municipal incorporation that are not otherwise met by a petitioner if the petitioner files a request for such waiver with a state district court in accordance with the bill. The bill defines 'petitioner' to mean a natural person or entity that seeks state district court approval of a pilot project in accordance with the bill and defines 'pilot project' to mean a one-time project for approval by a state district court of a municipal incorporation to facilitate the creation of a model for a sustainable community with significant affordable housing. The petitioner commences the process for acquiring a waiver by filing an application with an appropriate state district court. The application must be supported by the formal endorsement in writing of any 2 of the following 3 individuals in office as of the time the application is submitted to the district court: The governor of the state; The president of the state senate; or The speaker of the state house of representatives. This formal endorsement must include a statement from the applicable elected official on his or her official letterhead as to why he or she believes approval of the pilot project is a model for sustainability and affordable housing while also being in the best interests of the people of the state. Once a single waiver has been granted by a state district court under the bill, no additional waivers may be granted for any land area in the state under the bill unless the waiver has been approved by the general assembly by bill including the signature of the governor in accordance with all regular legal procedures and additionally by each of the 3 elected officials in accordance with the requirements of the bill. A petitioner's request for a waiver must be filed with the district court not later than July 31, 2018. Any request for a waiver that is not filed by July 31, 2018, is of no legal force and effect. If the petitioner satisfies all requirements, the district court is required to enter an order finding that the pilot project meets all of the applicable requirements, issuing the requested waiver, and approving the pilot project that is effective as of the date of the order. Upon the entry by a district court of an order issuing the requested waiver and approving the pilot project, the pilot project is designated a town and as of that date possesses all of the rights, powers, and duties delegated to or imposed upon the towns of this state as provided by law, including powers relating to land use, zoning, and related matters. The territorial boundaries of the town are coterminous with the land area of the pilot project as specified in the waiver application. Not less than 90 days after entry of the order, one or more owners of real property located within the territorial boundaries of the town, acting singularly or in combination, as applicable, are required to appoint 5 individuals to serve as the members of a town commission. The commission serves as the governing body of the town, and possesses all of the powers and duties possessed under law by a town council, until such time as the town elects a town council and other elective officers. The term of office of all such commission members is 4 years; except that the term of office of members of the commission may terminate earlier than 4 years upon the election of the town council and other elective officers at which time the commission ceases to exist. An individual need not be a registered elector of the town in order to accept appointment to the commission but any person serving on the commission must be a resident of the state. At such time as the number of residents of the town equals or exceeds 150 natural persons, the commission is required to hold an election for the purpose of electing a town council and other elective officers. To the extent practicable, the election must be conducted in accordance with the applicable provisions of existing law. Upon the election of the town council and other elective officers, the town council becomes the governing body of the town and such council members and other elective officers must perform their duties and responsibilities as provided by law. The bill clarifies that the town possesses the same authority as any other government in the state to cooperate with or enter into an intergovernmental agreement with another government for the provision of any goods or services to assist in the development, management, operation, or administration of the town. The pilot project opportunity is repealed, effective July 1, 2019. (Note: This summary applies to this bill as introduced.) Read More
The bill requires the department of public health and environment to research and compile information on the health effects of noise and stray voltage from industrial wind energy turbines on humans and animals. The department must report research results to the general assembly by January 1, 2020, and present the report to a joint legislative committee of reference. The research and reporting requirements are repealed July 1, 2020.(Note: This summary applies to this bill as introduced.) , Read More
Section 2 of the bill authorizes a parent or legal guardian to request that a consumer reporting agency place a security freeze on the consumer report of a minor or other individual who is the legal guardian's ward (protected consumer). If the consumer reporting agency does not yet have a consumer report for the protected consumer at the time that a security freeze is requested, the consumer reporting agency is required to create a consumer record for the protected consumer and place a security freeze on the consumer record. The protected consumer's guardian may request that the consumer reporting agency temporarily lift the security freeze placed on the protected consumer's consumer report or record, lift the security freeze with respect to a specific third party, or permanently remove the security freeze. A protected consumer who demonstrates to the credit reporting agency that he or she has reached 17 years of age or that his or her guardian's appointment is no longer valid may have the security freeze removed. A consumer reporting agency is not allowed to charge a fee for the placement, temporary lift, partial lift, or removal of a security freeze on a protected consumer's consumer report or record. Section 1 defines the terms 'guardian', 'protected consumer', 'sufficient proof of authority', and 'sufficient proof of identification', and amends the definition of 'security freeze'. Sections 3 through 6 make conforming amendments.(Note: This summary applies to this bill as introduced.) Read More
The bill requires the institute of cannabis research at Colorado state university - Pueblo (institute) to develop marijuana tracking technology (technology). The technology must include an agent that is applied to a marijuana plant, marijuana product, industrial hemp, or industrial hemp product and then scanned by a device. The scan, at a minimum, would indicate whether the marijuana or hemp was cultivated, manufactured, or sold by a licensed marijuana business or registered hemp cultivator. The institute shall select a vendor to develop the technology. After the technology is developed, the state licensing authority must be satisfied that the technology provides an effective means of tracking marijuana. After the state licensing authority determines the technology is an effective means of tracking marijuana, it shall promulgate rules that require the technology to be used by licensed marijuana businesses, and the commissioner of the department of agriculture shall promulgate rules that require registered industrial hemp cultivators to use the technology. The technology that scans the marijuana must be made available to law enforcement and the department of revenue. The bill clarifies that the gray and black market marijuana enforcement grant program could award grants to law enforcement agencies to purchase the marijuana scanning technology. (Note: This summary applies to this bill as introduced.) , Read More
Section 2 of the bill requires a consumer reporting agency that has a consumer file on an individual who is under 18 years of age to automatically place a security freeze on the individual's consumer report free of charge. Once the individual reaches 18 years of age, the consumer reporting agency shall automatically unfreeze the individual's consumer report unless the individual or the individual's guardian, at least one month before the individual turns 18 but not more than 6 months before the individual turns 18, requests that the security freeze be maintained. Section 3 authorizes a guardian to request a security freeze for an individual who is under the charge of the guardian. If the consumer reporting agency does not yet have a consumer report for the individual at the time that a security freeze is requested, the consumer reporting agency is required to create a consumer record for the individual and place a security freeze on the consumer record. The individual's guardian may request that the consumer reporting agency temporarily lift the security freeze placed on the individual's consumer report or record, lift the security freeze with respect to a specific third party, or permanently remove the security freeze. A consumer reporting agency is not allowed to charge a fee for the placement, temporary lift, partial lift, or removal of a security freeze on the individual's consumer report or record. Section 1 defines the terms 'guardian', 'legal guardian', 'protected consumer', 'sufficient proof of authority', and 'sufficient proof of identification' and amends the definition of 'security freeze' to apply to individuals under the charge of a guardian. Section 4 adds a summary of rights that consumer reporting agencies are required to send to consumers concerning: The automatic security freeze placed on individuals under 18 years of age for whom a consumer reporting agency has a consumer file; and A guardian's right to request a security freeze for an individual who is under the guardian's charge and for whom a consumer reporting agency does not have a consumer file. Sections 5 through 8 make conforming amendments.(Note: This summary applies to this bill as introduced.) , Read More
