Signed by the President of the Senate
Signed by the President of the Senate
The bill adds to the current descriptions of forcible detainer the act of a person preventing an owner from access to or possession of property by locking or changing the lock on the property. The bill creates a procedure for the plaintiff to seek a temporary, mandatory injunction giving the plaintiff possession of the property if a complaint for forcible entry or detainer is filed. The procedure requires the plaintiff to store any personal property found on the property but allows the plaintiff to recover the costs of the storage. The bill establishes as new crimes related to forcible entry and detainer the crimes of unlawful occupancy and unlawful reentry. (Note: This summary applies to this bill as introduced.)
Signed by the President of the Senate
Signed by the President of the Senate
The 'State Administrative Procedure Act' (APA) currently defines a small business as a business with fewer than 500 employees. The bill redefines 'small business', for purposes of the APA, to mean a business entity, including its affiliates, that: Is independently owned and operated and employs fewer than 500 employees; or Has gross annual sales of less than $6 million. Prior to adopting rules, an agency is required to prepare a regulatory flexibility analysis in which the agency considers using regulatory methods that will accomplish the objectives of applicable statutes while minimizing the adverse impact on small businesses. For purposes of the regulatory flexibility analysis, the bill defines 'small business' as a business that is independently owned and operated and employs 100 or fewer employees. When preparing the regulatory flexibility analysis, the agency shall consider methods to reduce the impact on small businesses, such as: Establishing less stringent compliance or reporting requirements; Establishing less stringent schedules or deadlines for compliance or reporting; Consolidating or simplifying compliance or reporting requirements; Establishing different performance standards; and Exemptions for small businesses. The agency shall also: Determine the necessity for the proposed rules; Identify the fiscal impact of the rules; Identify and analyze the least costly alternatives to the rules and adopt the least costly alternatives unless the agency provides written justification for adopting a more costly regulatory approach; and Analyze whether small businesses should be exempted from the rules or whether less burdensome rules should be applied to small businesses and adopt exemptions or less burdensome rules, unless the agency provides written justification for a more burdensome regulatory approach. The agency shall file the regulatory flexibility analysis with the secretary of state for publication in the Colorado register at the same time that it files its notice of proposed rule-making and the draft of proposed rules. The existing provision in the APA on forming representative groups to give input on proposed rules is amended to require any state agency (agency) proposing rules that are likely to have an impact on small businesses to expand outreach to and actively solicit representatives of small businesses to participate in the representative group and in the rule-making hearing for the rules. The agency must make good faith efforts to expand outreach and notification to small businesses that lack a trade association or lobbyist to represent the types of small businesses impacted by the proposed rules. The executive director of the department of regulatory agencies, or his or her designee, shall develop a one-stop location on the department's website that provides a place for small businesses and the public to access the regulatory flexibility analyses that are prepared by state agencies. A small business that is adversely affected or aggrieved by the failure of the agency to comply with the regulatory flexibility analysis requirements may file a request with the executive director of the department of regulatory agencies to require the agency to prepare a cost-benefit analysis of the proposed rules and to direct the agency to adjust the rule-making schedule to allow for the preparation of the cost-benefit analysis. For the 2017-18 fiscal year, the bill appropriates the following money for the implementation of the bill: $323,886 to the department of revenue; $102,664 to the department of public health and environment; $86,926 to the department of regulatory agencies; $8,240 to the department of state.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires that, in any sale or lease of real estate, the amounts payable to anyone acting as a broker in the transaction (e.g., buyer's agent, seller's agent, transaction-broker) be disclosed in writing, either as part of the contract or otherwise, and accounted for. If the amount payable is allocated between the parties, the portion for which each party is responsible must be separately stated. Brokers are required to disclose their fees or the basis for calculating their fees on all marketing materials relating to any specific property, including on-line multiple listing services. (Note: This summary applies to this bill as introduced.)
In connection with the role of watchers in elections, the bill does the following: Section 1 of the bill authorizes each political party participating in a primary election to have at least one watcher at any one time in each voter service and polling center in the county and at each place where votes are counted. This section requires the chairperson of the county central committee of each political party to select the names of the persons who will represent their political party in each precinct in the county as a watcher. If such chairperson is not able to make the appointments, the chairperson of the state central committee of the political party or another official of the state political party are required to make the appointments. The date by which the chairperson is required to submit the names of the watchers is specified. Section 2 requires that, in the case of an issue committee, the registered agent of the issue committee is the authorized representative of the issue committee entitled to appoint one or more watchers. The date by which the appointing authority is required to submit the names of the appointees is specified. Section 3 imposes the same requirements with respect to proponents and opponents of a ballot issue. Section 4 specifies procedures to be followed if a watcher sees a potential discrepancy. This section of the bill also allows the watcher to observe the process of signature verification. This section of the bill additionally contains an oath or affirmation that a person appointed as a watcher is to recite before beginning his or her service. Section 5 removes an existing exception to a prohibition on the sale, disclosure, or release of a photocopied or microfilmed image of an elector's signature to effect an overall ban on the sale, disclosure, or release of certain confidential personal information. Section 6 gives county clerk and recorders the same access to the criminal history records of watchers as they currently have with respect to election judges and gives the secretary of state the power to require that certain duties may only be performed by watchers for whom the county clerk and recorder has requested their criminal justice records. This section further clarifies that such duties performed by a watcher include observing electors' records in the statewide voter registration system.(Note: This summary applies to this bill as introduced.)
The bill creates a strategic planning legislative steering committee (steering committee) to lead the statewide effort to establish a vision for education in the state (vision) and create a strategic statewide education plan (strategic plan) to achieve the vision. The bill creates an executive advisory board consisting of representatives from the departments of education and higher education, a co-chair of the early childhood leadership commission, and a representative from the governor's office. The chair and vice-chair of the steering committee will appoint a statewide advisory board consisting of representatives of the pertinent education stakeholder groups from around the state. The steering committee must contract with a nonprofit, nonadvocacy organization to act as facilitator for the steering committee and the advisory boards. The bill describes the duties of the steering committee to be completed, with assistance from the advisory boards and the facilitator, in 4 phases. The duties include: Reviewing and synthesizing input already collected by the departments of education and higher education concerning the state education system; Reviewing research to identify the critical elements of the existing state education system and benchmarking the elements as implemented in Colorado against the elements as implemented in high-performing states and countries; Creating a structure and process for soliciting and synthesizing input from around the state to create the vision and the strategic plan; and After creating the vision and the strategic plan, overseeing the ongoing implementation of the strategic plan, including measuring the state's progress toward achieving the vision, periodically reviewing the vision and strategic plan, and, if necessary, revising the vision and strategic plan. The steering committee must establish the timeline for creating the vision and the strategic plan and for beginning to implement the strategic plan. Beginning November 15, 2017, the steering committee must submit an annual report to the state board of education, the Colorado commission on higher education, the governor, and the education committees of the general assembly summarizing the work it completes each year and recommending legislative and regulatory changes, if necessary. The steering committee and the advisory boards are not subject to sunset review. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The state constitution defines an 'electioneering communication' to mean certain communication that unambiguously refers to a candidate that is disseminated to the public within 30 days before a primary election or within 60 days before a general election. The bill requires any person who expends $1,000 or more per calendar year on electioneering communications or regular biennial school electioneering communications to state in the communication the name of the person making the communication in accordance with existing statutory requirements for communication constituting an independent expenditure. For purposes of the bill, an 'electioneering communication' includes a communication that satisfies all other requirements of the constitutional definition but that also is broadcast, printed, mailed, delivered, or distributed between the primary election and the general election. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The starting point for determining state income tax liability is federal taxable income. This number is adjusted for additions and subtractions (deductions) that are used to determine Colorado taxable income, which amount is multiplied by the state's 4.63% income tax rate. Currently, a person who is 55-64 years old may deduct up to $20,000 of retirement benefits from federal taxable income, and a person who is 65 years old or older may deduct up to $24,000. These limits apply to retirement benefits from all sources, including those related to service in the military. The bill creates an additional deduction under which a person of any age may deduct a percentage of military retirement benefits from his or her state income tax. In 2018, the percentage is equal to 10%, and it increases by 10% each year thereafter until all military retirement benefits are exempt. All other retirement benefits and military retirement benefits in excess of the limit for the new deduction continue to be deductible under the existing deduction, subject to the existing limits on ages and amounts. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law allows a third party, 'on behalf of' the insured, to claim double damages and attorney fees from a property and casualty insurer for an unreasonable delay or denial of benefits. The bill eliminates the 'on behalf of' language so that only the named insured may claim double damages and attorney fees from a property and casualty insurer. The bill also requires an insured to provide notice to the property and casualty insurer of the insured's intent to file for double damages and attorney fees under the law.(Note: This summary applies to this bill as introduced.)
