The bill creates the ability for a family or household member or a law enforcement officer to petition the court for a temporary extreme risk protection order (ERPO). The petitioner must establish by a preponderance of the evidence that a person poses a significant risk to self or others by having a firearm in her or her custody or control or by possessing, purchasing, or receiving a firearm. The petitioner must submit an affidavit signed under oath and penalty of perjury that sets forth facts to support the issuance of a temporary ERPO and a reasonable basis for believing they exist. The court must hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed. After issuance of a temporary ERPO, the court must schedule a second hearing no later than 7 days following the issuance to determine whether the issuance of a continuing ERPO is warranted. If a family or household member or a law enforcement officer establishes by clear and convincing evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm, the court may issue a continuing ERPO. The ERPO would prohibit the respondent from possessing, controlling, purchasing, or receiving a firearm for 182 days. Upon issuance of the ERPO, the respondent shall surrender all of his or her firearms and his or her concealed carry permit if the respondent has one. The respondent may surrender his or her firearms either to a law enforcement agency or a federally licensed firearms dealer. If a person other than the respondent claims title to any firearms surrendered to law enforcement, the firearm shall be returned to him or her. The respondent can motion the court once during the 182-day ERPO for a hearing to terminate the ERPO. The petitioner has the burden of proof at a termination hearing. The court shall terminate the ERPO if the petitioner does not establish by clear and convincing evidence that the respondent continues to pose a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm. The party requesting the original ERPO may request an extension of the ERPO before it expires. The requesting party must show by clear and convincing evidence that the respondent continues to pose a significant risk of causing personal injury to self or others by having a firearm in his or her custody or control or by purchasing, possessing, or receiving a firearm. If the ERPO expires or is terminated, all of the respondent's firearms must be returned. The bill requires the state court administrator to develop and prepare standard petitions and ERPO forms. Additionally, the state court administrator at the judicial department's 'State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act' hearing shall provide statistics related to petitions for ERPOs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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The federal 'Tax Cuts and Jobs Act', which became law in December 2017, added distributions for elementary or secondary school expenses as qualified distributions from a qualified state tuition program, also known as a 529 account, thereby allowing, on the federal level, income tax-free distributions for elementary and secondary school expenses in addition to already authorized income tax-free distributions for higher education expenses. The bill amends Colorado law to ensure that a taxpayer may not claim a deduction for contributions to qualified state tuition programs for elementary or secondary school expenses and clarifies that such expenses are not qualified distributions. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
If an institution of higher education admits as a junior a transfer student who holds an associate of arts degree, associate of applied science degree, or an associate of science degree that is the subject of a statewide degree transfer agreement, the institution shall not require the student to complete any additional courses to fulfill general education requirements. The institution may require the student to complete additional courses for the major that are not part of the statewide transfer agreement if doing so does not require the student to take more total credit hours or total time to receive the degree than students who started the degree program at the institution. If the institution requires the student to complete additional courses for the baccalaureate degree other than those authorized in the bill, the institution is responsible for the total cost of tuition for any required credit hours that exceed the total credit hours required for students who started the degree program at the institution or that extend the total time to complete the degree. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law prohibits an establishment that is licensed to sell malt, vinous, or spirituous liquors from having an automated teller machine on the premises from which individuals enrolled in public assistance programs administered by the department of human services may obtain cash benefits through the electronic benefits transfer service. The bill exempts liquor-licensed drugstores from this prohibition. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law allows nonadmitted insurers to offer only property and casualty insurance as types of surplus lines insurance. The bill: Defines 'disability insurance' as insurance that is in excess of policy limits available from an admitted insurer, provides income replacement to an insured who becomes an individual with a disability while covered by a policy, and does not provide coverage for the diagnosis or treatment of an insured's disability; and Allows nonadmitted insurers to offer disability insurance as a type of surplus lines insurance.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law prohibits an employee of a tavern or lodging and entertainment facility who is under 21 years of age from selling malt, vinous, or spirituous liquors. The bill permits a licensed tavern or lodging and entertainment facility that regularly serves meals to allow an employee who is at least 18 years of age but under 21 years of age to sell malt, vinous, or spirituous liquors if the employee is supervised on-site by a person who is at least 21 years of age. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law requires an opportunity for public notice and a hearing for proposed transactions that would result in the acquisition of control of a domestic insurer, which is one that is incorporated or formed pursuant to Colorado law. Section 1 of the bill expands the public notice for acquisition of a domestic insurer that offers health plans by requiring the commissioner of insurance to make certain information available for public inspection if the application presents prima facie evidence of a violation of the competitive standards established by law. Section 2 appropriates $9,505 from the division of insurance cash fund, which is reappropriated to the department of law for implementation of the act along with 0.1 FTE.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates a legislative interim committee to study school finance issues and make legislative recommendations concerning how to most accurately meet the educational needs of students through the funding of education in Colorado. The interim committee will meet during the 2017 and 2018 legislative interims. The bill specifies issues that the interim committee must study. The interim committee is required to contract with a private entity to assist in the study. The chair and vice-chair of the interim committee may appoint subcommittees to provide technical assistance to the interim committee. The subcommittees may include members of the interim committee and other persons with expertise in school finance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners based on a defect in construction work not ordered by the HOA itself, the board must: Notify all unit owners and the developer or builder against whom the lawsuit is being considered; Call a meeting at which the executive board and the developer or builder will have an opportunity to present relevant facts and arguments and the developer or builder may, but is not required to, make an offer to remedy the defect; and Obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits. The meeting of unit owners commences a 90-day voting period during which the HOA will accept votes for or against proceeding with the lawsuit. Statutes of limitation are tolled during this period. The HOA is required to keep copies of its mailing list and maintain records of the votes received. The voting period may end in less than 90 days if sufficient votes are received to approve the lawsuit before 90 days have elapsed. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
For income tax years commencing on or after January 1, 2019, but prior to January 1, 2022, the bill allows an individual taxpayer to claim an income tax credit for a contribution of money, securities, or property to an eligible endowment that is equal to 25% of the contribution. An 'eligible endowment fund' is defined in the bill as an endowment fund that is managed in accordance with the 'Uniform Prudent Management of Institutional Funds Act'. A Colorado charitable organization that receives the credit is required to provide a credit certificate to the taxpayer, who must submit the certificate to the department of revenue along with his or her tax return. The maximum credit an individual may claim for an income tax year is $25,000. Unused credits are not refunded but may be carried forward for up to 5 income tax years. A taxpayer may not claim the credit if he or she claims any other state income tax credit for the same charitable contribution. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)