The bill requires a wind energy developer or owner to notify the United States department of defense military aviation and installation assurance siting clearinghouse (clearinghouse) of the new construction or expansion of a wind energy facility if the proposed project would include vertical construction exceeding 200 feet in height. Upon receiving notification of a proposed project, the clearinghouse is requested to review the proposed project to determine whether it would have an adverse impact to military mission, training, or operations and to notify the wind energy developer of its determination in writing within 90 days after receiving the notice. If the clearinghouse determines the proposed project will have no adverse impact, the proposed project may proceed. If the clearinghouse determines that the proposed project will have an adverse impact, the proposed project may proceed only if the wind energy developer or owner commits to resolving the adverse impact through the implementation of mitigation measures that the clearinghouse identifies in its determination. A wind energy developer or owner shall not construct a new wind energy facility or expand an existing wind energy facility in a manner that includes any vertical construction in excess of 50 feet in height if the wind energy facility is located within 2 nautical miles of an active federal military missile launch or control facility. (Note: This summary applies to this bill as introduced.)
Current law authorizes the department of revenue (department) to make bulk electronic transfers, for a fee, of certain information obtained from applications for driver's licenses, motor vehicle registrations, motor vehicle titles, identification cards, and other official records and documents. The bulk electronic transfers are made to users and vendors who are permitted to transfer or resell such information. Notwithstanding the provisions of the federal "Driver's Privacy Protection Act of 1994", the bill prohibits the department from making bulk electronic transfers of information collected by the department to primary users and vendors who transfer or resell such information. (Note: This summary applies to this bill as introduced.)
The bill defines a "health-care cost-sharing arrangement" as a health care sharing ministry or medical cost-sharing community that collects money from its members on a regular basis, at levels established by the arrangement, for purposes of sharing, covering, or defraying the medical costs of its members. A health-care cost-sharing arrangement is required to: Report specified information to the commissioner of insurance (commissioner) regarding its operations, financial statements, membership, and medical bills submitted, paid, and denied in Colorado; Provide certain written disclosures to potential and renewing members, post the disclosures on its website, if the arrangement has a website, and include the disclosures in its marketing materials; Provide specified written statements about arrangement finances and guidelines about arrangement procedures to members; and Respond to requests for payment of medical expenses from members or health-care providers within a period specified by the commissioner by rule. An insurance broker that offers a health-care cost-sharing arrangement in this state is required to provide written or electronic disclosures about the product to prospective members before selling the arrangement to the person. The commissioner is authorized to: Adopt rules to implement the data reporting, disclosure, and response time requirements; Impose fines for failure to comply with the requirements and prohibitions specified in the bill; Issue an emergency, ex parte cease-and-desist order against a person the commissioner believes to be violating the bill if it appears to the commissioner that the alleged conduct is fraudulent, creates an immediate danger to public safety, or is causing or is reasonably expected to cause significant, imminent, and irreparable public injury; and Impose a civil penalty, order restitution, or both, against a person that violates an ex parte cease-and-desist order. A person is prohibited from making, issuing, circulating, or causing to be made, issued, or circulated any statement or publication that misrepresents the medical cost-sharing benefits, advantages, conditions, or terms of any health-care cost-sharing arrangement. (Note: This summary applies to this bill as introduced.)
Section 2 of the bill: Sets forth a process and deadlines for and requires the conversion of Pinnacol Assurance from a political subdivision of the state to a stock insurance company owned by a mutual insurance holding company, the initial members of which are the policyholders of Pinnacol Assurance immediately prior to the conversion, and also sets forth a process and deadlines for the disaffiliation of Pinnacol Assurance from the public employees' retirement association (PERA), with details as to how the disaffiliation is to be accomplished; Requires the transfer of a specified amount from Pinnacol Assurance to the state within 5 days of the effective date of the conversion and requires the money transferred to be allocated in equal shares to the controlled maintenance trust fund and to the just transition trust fund; and Requires the commissioner of insurance to contract with an insurance company as the carrier of last resort for employers seeking workers' compensation insurance and for the successor stock insurance company to serve in that capacity for a transitional period. Section 3 repeals the existing statutes concerning Pinnacol Assurance in its current form as a political subdivision of the state.Sections 4 to 35 make conforming amendments necessitated by the conversion of Pinnacol Assurance from a political subdivision of the state to a stock insurance company owned by a mutual insurance holding company and the disaffiliation of Pinnacol Assurance from PERA.(Note: This summary applies to this bill as introduced.)
The bill creates the driver's license and identification card processing unit (unit) in the department of revenue. The unit processes and issues a driver's license or identification card to persons who are eligible for a driver's license or identification card and are scheduled to be released from the department of corrections or a jail. (Note: This summary applies to this bill as introduced.)
The bill permits a fermented malt beverage retailer that is licensed to sell fermented malt beverages for off-premises consumption and that has licensed premises comprising less than 7,500 square feet to use a third-party delivery service, instead of its own employees and vehicles, to deliver fermented malt beverages to its customers.(Note: This summary applies to this bill as introduced.)
The bill extends the duration of a state of disaster emergency declared by the governor from 30 to 60 days, but prohibits the governor from renewing a state of disaster emergency declared beyond 60 days. Instead, the bill authorizes the general assembly, upon the written request of the governor and by adopting a joint resolution, to extend the state of disaster emergency for up to 60 additional days. The general assembly may continue, at the written request of the governor and by adopting a joint resolution for each extension, to extend a state of disaster emergency for periods of up to 60 days for as long as it deems it necessary to do so. If the general assembly is not scheduled to convene in a regular session when a state of disaster emergency will end as required by the bill, the governor or a two-thirds majority of the members of each house of the general assembly, in accordance with applicable state constitutional provisions, may call the general assembly into an extraordinary session to consider extending the state of disaster emergency.(Note: This summary applies to this bill as introduced.)
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 income tax rate. Income earned from pensions or annuities, including military retirement benefits, can be considered income for purposes of the state's income tax. In Colorado, current law provides an income tax deduction that subtracts from federal taxable income amounts received from pensions or annuities for individuals who are 55 years or older. For individuals who are 55 to 64, that benefit is capped at $20,000 per income tax year. For individuals who are 65 or older, that benefit is capped at $24,000 per income tax year. This existing benefit applies to pensions or annuities received, among other things, from service in the uniformed services of the United States. The bill does not change this current tax benefit. In 2018, the general assembly enacted a separate temporary income tax deduction through the income tax year commencing on or after January 1, 2023, that subtracts from federal taxable income amounts received from military retirement benefits for individuals who are under 55 years old. This additional deduction for military retirements benefits is currently capped as follows: $7,500 for the income tax year commencing on or after January 1, 2020, but before January 1, 2021; $10,000 for the income tax year commencing on or after January 1, 2021, but before January 1, 2022; and $15,000 for income tax years commencing on or after January 1, 2022, but before January 1, 2024. The bill makes modifications to the existing tax deduction for military retirement benefits for individuals who are under 55 years old by: Extending the number of years the temporary income tax deduction is available by 10 years; and Increasing the maximum benefit to $20,000 for income tax years commencing January 1, 2023, and for each income tax year thereafter.(Note: This summary applies to this bill as introduced.)
Colorado Commission on Uniform State Laws. The bill enacts the "Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act" as recommended by the national conference of commissioners on uniform state laws. The bill allows a peace officer to enforce a Canadian domestic violence protection order. The bill allows a court to enter an order enforcing or refusing to enforce a Canadian domestic violence protection order. The bill provides immunity for a person who enforces a Canadian domestic violence protection order.(Note: This summary applies to this bill as introduced.)
The bill states that in a class action under the "Colorado Consumer Protection Act", a successful plaintiff may recover actual damages, injunctive relief allowed by law, and reasonable attorney fees and costs. (Note: This summary applies to this bill as introduced.)
Colorado Commission on Uniform State Laws. The bill enacts the "Uniform Easement Relocation Act", drafted by the Uniform Law Commission. The bill sets procedures to relocate an easement established by express grant, reservation, prescription, implication, necessity, estoppel, or other method, but the procedures may not be used to relocate a public utility easement, conservation easement, or negative easement. To relocate an easement, the relocation must not: Encroach on an area of an estate burdened by a conservation easement or interfere with the use or enjoyment of a public utility easement or an easement appurtenant to a conservation easement; Lessen the utility of the easement; After the relocation, increase the burden in the reasonable use and enjoyment of the easement; Impair the purpose for which the easement was created; During or after the relocation, impair the safety of the use and enjoyment of the easement; During the relocation, disrupt the use and enjoyment of the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption; Impair the physical condition, use, or value of or improvements on the dominant estate; or Impair the value of the collateral of a security-interest holder in the servient estate or dominant estate, impair a real property interest of a lessee in the dominant estate, or impair a real property interest of any other person in the servient estate or dominant estate. To obtain an order to relocate an easement, a servient estate owner must commence a civil action and serve a summons and petition on: The easement holder; A security-interest holder in the servient estate or dominant estate; A lessee of the dominant estate; and Any other owner of a real property interest if the relocation would encroach on an area of the servient estate or dominant estate burdened by the interest. Service of a summons and petition is not required for the owner of real property interest in oil, gas, or minerals unless the interest includes an easement to facilitate oil, gas, or mineral development. The petition must state: The intent of the servient estate owner to seek the relocation; The nature, extent, and anticipated dates of commencement and completion of the relocation; The current and proposed locations of the easement; The reason the easement is eligible for relocation under the bill; The reason the proposed relocation satisfies the conditions for relocation under the bill; and That the servient estate owner has made a reasonable attempt to notify the holders of any public utility easement, conservation easement, or negative easement on the servient estate or dominant estate of the proposed relocation. At any time before the court renders a final order in the action, a person who was served may file a document to waive its rights to contest or obtain relief in connection with the relocation or subordinate its interests to the relocation. On filing of the document, the court may order that the person need not answer or participate further in the action. A court order approving relocation of an easement must: State that the order is issued in accordance with the bill; Identify the immediately preceding location of the easement; Describe the new location of the easement; Describe the mitigation required during relocation; Refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location; Specify conditions to be satisfied to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location; Include a provision for payment of expenses required by the bill; Include a provision requiring the parties to the civil action to act in good faith; and Instruct the servient estate owner to record an affidavit, if required by the bill, when the servient estate owner substantially completes relocation. Before a servient estate owner proceeds with relocation of an easement, the owner must record, in the appropriate land records, a certified copy of the order. The servient estate owner is responsible for reasonable expenses of relocation of an easement. Each party to the civil action is obligated to act in good faith. If an order requires building an improvement to relocate an easement, relocation is substantially complete, and the easement holder is able to use the moved easement, the servient estate owner is required to: Record, in the appropriate land records, an affidavit certifying that the easement has been relocated; and Send, by certified mail, a copy of the recorded affidavit to the easement holder and parties to the civil action. Until the affidavit is recorded and sent to the parties, the easement holder may use the easement in the current location, subject to any court's order approving relocation. If a court order does not require building an improvement, recording of the order constitutes relocation. The bill clarifies that relocation of an easement: Is not a new transfer or a new grant of a property interest; Is not a breach of a security instrument, except as otherwise determined by a court; Is not a breach of a lease, except as otherwise determined by a court; Is not a breach by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court; Does not affect the priority of the easement with respect to other recorded real property interests burdening the area of the servient estate; and Is not a fraudulent conveyance or voidable transaction under law. A servient estate owner may not waive the right to relocate an easement. The bill should be interpreted in such a way as to promote uniformity among the states. The bill supersedes the federal "Electronic Signatures in Global and National Commerce Act" except for consumer disclosures. The changes apply to easements created before, on, or after the bill takes effect. (Note: This summary applies to this bill as introduced.)
The bill prohibits the state and any of its departments, institutions, or agencies (state) from making it a condition of employment that an employee or a prospective employee execute a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee or prospective employee from disclosing factual circumstances concerning the individual's employment with the state (nondisclosure agreement) except where the nondisclosure agreement is necessary to prevent disclosure of: Factual circumstances relating to the employment that reasonably implicate privacy interests held by the employee who is a party to the agreement; and Matters required to be kept confidential by federal law or rules or by state statute or matters bearing on the specialized details of security arrangements or investigations. The bill prohibits nondisclosure agreements that prohibit state employees from disclosing factual circumstances concerning their employment. To the extent that an employer includes any such provision in any employment contract or agreement, the provision is deemed against public policy and unenforceable against a current or former employee who is a party to the contract or agreement except where the provision is intended to prevent disclosure of factual circumstances implicating the employee's privacy interests or matters required to be kept confidential under federal or state law or matters bearing on the specialized details of security arrangements or investigations. The bill prohibits the state from taking any retaliatory action against an individual on the grounds that the individual does not enter into a contract or agreement deemed to be against public policy and unenforceable under the bill. Any person who enforces or attempts to enforce a provision deemed against public policy and unenforceable under the bill is liable for the employee's reasonable attorney fees and costs in defending against the action. (Note: This summary applies to this bill as introduced.)
