With limited exceptions, current law prohibits a licensing authority from receiving or acting upon a license application under the 'Colorado Liquor Code' for the retail sale of alcohol beverages if the building in which the alcohol beverages will be sold is located within 500 feet of a public or parochial school or a college, university, or seminary. A local government may eliminate or reduce the distance restrictions. The bill applies the same distance restrictions, with the same limited exceptions and authority of a local government to reduce or eliminate the restrictions, to any fermented malt beverage retailer licensed on or after the effective date of the bill under the 'Colorado Beer Code' to sell fermented malt beverages at retail or any fermented malt beverage retailer that applies on or after the effective date of the bill to relocate its licensed premises. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sponsored bills
The bill establishes the community transition specialist program (program) in the office of behavioral health (office) in the department of human services (department). The program coordinates referrals of high-risk individuals to transition specialists by certain behavioral health facilities and programs. High-risk individuals are under an emergency or involuntary hold, have a significant mental health or substance use disorder, and are not in consistent behavioral health treatment. Transition specialists provide services related to housing, program placement, access to behavioral health treatment or benefits, advocacy, and other supportive services. The department is required to adopt rules to implement the program. The bill requires the office to collect data and make recommendations to the department, and the department is required to include program information in the department's annual SMART act report. $1,588,250 is appropriated from the general fund to the department of human services for use by the office of behavioral health to implement the community transition specialist program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law requires an individual who wishes to have a document notarized to appear personally before the notary public. The bill authorizes notaries public to perform a notarial act on behalf of an individual who is not in the notary's physical presence, but only with respect to an electronic document. To perform a 'remote notarization', a notary must use a tamper-evident electronic system that conforms to standards established by rules of the secretary of state, including using real-time audio-video communications and keeping an audio-video recording of the notarization for at least 10 years. The bill establishes the standards that a notary must comply with to have satisfactory evidence of the identity of the person seeking the remote notarization. A notary is prohibited from using information collected during a remote notarization other than as allowed by applicable federal or state law. The bill appropriates $42,895 to the department of state for the implementation of the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill requires the judicial department to reimburse a district attorney for costs associated with litigating postconviction rule 35 of the Colorado criminal procedure motions. Costs include lay and expert witness expenses, travel expenses, subpoena expenses, required transcript costs, and attorney time billed at the same rate as the alternate defense counsel rate. The bill has an effective date of July 1, 2019. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
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
Currently, there is a prosecution fellowship program that matches CU and DU law student graduates with rural district attorneys' offices. The fellowships last for one year. The bill extends the fellowships to 15 months. The bill appropriates $165,726 from the general fund to the department of higher education for use by the Colorado commission on higher education for the prosecution fellowship program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates a legislative committee on state prison population issues that begins in the 2018 interim and continues through June 30, 2020. The committee may meet during the 2019 and 2020 legislative sessions. The bill specifies issues that the committee must study. The chair and vice-chair of the committee may appoint subcommittees to provide technical assistance to the committee. The subcommittees may include members of the committee and other persons with expertise in school prison population issues. The bill appropriates $39,021 to the legislative department to implement the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill extends the scheduled termination on July 1, 2024, of the state lottery division (division) in the department of revenue to July 1, 2049. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under the current language in the constitution, county clerks are required to write a separate retention question for each justice or judge standing for retention. The proposed referendum would allow county clerks to write a single ballot question for each level of courts, shortening and simplifying the ballot. (Note: This summary applies to the reengrossed version of this concurrent resolution as introduced in the second house.) , Read More
Colorado Commission on Uniform State Laws. Under current law, the administration of trusts is generally governed by certain provisions within the probate code. The bill repeals many of these provisions and creates a new Colorado uniform trust code (code) outside the probate code to address trust administration. The new code includes provisions concerning: Judicial proceedings; Representation; Creation, validity, modification, and termination of trusts; Duties and powers of trustees; and Liabilities of trustees and rights of persons dealing with trustees. The bill also makes conforming amendments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More