Rep. Cole Wist

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Colorado Commission on Uniform State Laws. Section 1 of the bill enacts the 'Revised Uniform Unclaimed Property Act' (act), as adopted by the National Conference of Commissioners on Uniform State Laws in 2016 with Colorado-specific amendments. The act responds to current transactions and practices, in particular electronic records, and seeks to promote uniformity among state laws regarding the disposition of unclaimed property. The act is subdivided into 15 parts, which are summarized as follows: Part 1 establishes general provisions for the act, including definitions for terms used in the act and authority for the administrator, who is the state treasurer, to make rules related to the act; Part 2 establishes standards to determine if property is abandoned. Under the act, property is presumed abandoned if it is unclaimed by its apparent owner after a specified period of time known as the dormancy period. Some of the dormancy periods in the act are shorter than current law. This part also includes a number of sections that are included in current law to exempt property from the act. Part 3 establishes priority rules for determining when the state may take custody of property that is presumed abandoned; Part 4 requires a holder of property presumed to be abandoned to provide a report to the administrator and to retain certain records; Part 5 establishes the notice that the administrator must provide to the apparent owner; Part 6 establishes how the administrator takes custody of property after it has been abandoned; Part 7 permits the administrator to sell property at a public sale after notice; Part 8 relates to the administration of property and keeps the requirement that the proceeds of property sold be deposited in the existing unclaimed property trust fund and the unclaimed property tourism promotion trust fund; Part 9 addresses claims to recover property from the administrator and includes existing provisions to allow offsets against the claim for child support; judicial restitution, fines, fees, or surcharges; and delinquent taxes and claims of the state; Part 10 permits the administrator to request a report from a person and to examine records to determine compliance with the act; Part 11 provides a holder with the right to appeal the administrator's determination concerning the holder's liability to deliver property or payment to the state; Part 12 establishes penalties for a holder that fails to comply with the act; Part 13 governs agreements between an apparent owner and a person commonly known as a 'finder' who locates and recovers abandoned property on behalf of the owner; Part 14 addresses the confidentiality and security of information related to the abandoned property; and Part 15 includes miscellaneous provisions relating to the uniformity of construction, electronic signatures, and transitional interpretation. Colorado-specific sections of the prior version of the act, known as the 'Unclaimed Property Act', are retained and indicated by their former statutory section numbers. Sections 2 through 21 make conforming amendments.(Note: This summary applies to this bill as introduced.) , Read More

The bill establishes the medicaid fraud control unit (unit) in the department of law. The unit is responsible for investigation and prosecution of medicaid fraud and waste, as well as patient abuse, neglect, and exploitation. Prior to initiating a criminal prosecution, the unit must consult with the district attorney of the judicial district where the prosecution would be initiated. The department of health care policy and financing is authorized to require medicaid providers to include information about reporting medicaid fraud to the unit in any explanation of benefits provided to a medicaid beneficiary. The bill creates offenses related to making false statements on applications, medicaid fraud, and credit and recovery of medicaid payments. The bill makes it unlawful to receive certain kickbacks, bribes, and rebates related to the administration of a medicaid service. Actions brought under the provisions of the bill must commence within 3 years after the discovery of the offense, but no later than six years after the commission of the offense. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Under Colorado criminal law there is a rape shield law that presumes that evidence of a victim's sexual conduct is irrelevant and not admissible except for: Evidence of the victim's prior or subsequent sexual conduct with the defendant; or Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease, or any similar evidence of sexual intercourse offered for the purpose of showing that the act or acts were or were not committed by the defendant. The bill creates a similar presumption in a civil proceeding involving alleged sexual misconduct. If a party wants to introduce sexual conduct evidence, it must file a confidential motion with the court at least 63 days prior to trial. Prior to ruling on the motion, the court shall conduct an in camera hearing and allow the parties and alleged victim to attend and be heard. All motions and all related records are kept under seal unless the court orders that the evidence is admissible. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Recent legislation changed the expiration dates of real estate licenses from an anniversary date 3 years after the date of initial issuance to December 31 of the third year after issuance and did not allow the real estate commission a period to transition licenses. To allow more flexibility in transitioning from the anniversary date system to the calendar-year system, the bill authorizes the commission to issue licenses that expire on December 31 of the year of issuance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill states that if the department of corrections (department) relocates an inmate for incarceration or contracts with another state for the incarceration of an inmate in a penal institution in another state, then not later than 48 hours after such relocation, the department shall notify the prosecuting attorney and any registered victim of crimes for which the inmate is serving his or her sentence of the name and location of the penal institution where the inmate is to be housed. This disclosure requirement does not apply if: The inmate is a witness and the executive director of the department (executive director) determines that disclosing the inmate's location would pose a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities; The prosecuting attorney requests in writing that the department not disclose the location of the penal institution where the inmate is located; The registered victim is currently incarcerated; or The inmate has been employed by the department or as a law enforcement officer and the executive director determines that disclosing the inmate's location poses a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities. If the department relocates an inmate and the executive director determines that any of these factors applies, then not later than 48 hours after such relocation, the department shall notify the prosecuting attorney: That the inmate has been relocated; and Which of the factors the executive director has determined applies. If the prosecuting attorney agrees with the executive director's determination that a factor applies, then the prosecuting attorney shall confirm the executive director's determination in writing, the department shall retain such written confirmation, and the department shall notify any registered victim of one or more crimes for which the inmate is serving his or her sentence that: The inmate has been relocated; and The department is unable to disclose the inmate's location because one of the factors applies. If the prosecuting attorney disagrees with the executive director's determination that a factor applies, then the executive director has 30 days to review the notice of disagreement. If, after such review, the executive director still determines that a factor applies and the inmate's location should not be disclosed, the department shall notify the prosecutor of such fact and notify any registered victims that the prosecutor disagrees with the executive director's determination. Either the prosecutor or any registered victim of the inmate may bring an action in the district court from which the inmate's sentence was issued for the court to determine whether a substantial basis existed and still exists to support the executive director's determination. If the district court finds that no substantial basis exists, the executive director shall disclose the inmate's location to any registered victims. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes, which relates to professions and occupations. One recommendation of the study is to relocate laws located in title 24 that are administered by the department of revenue to a new title 44, which will consist solely of laws administered by the department of revenue that regulate a variety of activities. To implement this recommendation, section 1 of the bill creates title 44 and section 2 relocates laws related to the regulation of tobacco sales to minors from title 24 to the new title. Section 3 repeals the relocated laws from their current location. Sections 4 through 6 make conforming amendments necessitated by the relocation of the laws.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes, which relates to professions and occupations. One recommendation of the study is to relocate laws located in title 24 that are administered by the department of revenue to a new title 44, which will consist solely of laws administered by the department of revenue that regulate a variety of activities. To implement this recommendation, section 1 of the bill creates title 44 and section 2 relocates laws related to the regulation of lottery from title 24 to the new title. Section 3 repeals the relocated laws from their current location. Sections 4 through 16 make conforming amendments necessitated by the relocation of the laws.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Under current law, if a person does not cooperate with an investigation by the attorney general or a district attorney regarding a potential deceptive trade practice, the attorney general or district attorney may seek a court order requiring compliance with the investigation. The application for a court order must state why the order is necessary to terminate or prevent a deceptive trade practice. The bill would allow a judge to issue a court order if compliance with an investigation is necessary to investigate a deceptive trade practice. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes, which relates to professions and occupations. One recommendation of the study is to relocate laws located in title 24 that are administered by the department of revenue to a new title 44, which will consist solely of laws administered by the department of revenue that regulate a variety of activities. To implement this recommendation, section 1 of the bill creates title 44 and section 2 relocates laws related to the gambling payment intercept program from title 24 to the new title. Section 3 repeals the relocated laws from their current location. Sections 4 through 7 make conforming amendments necessitated by the relocation of the laws.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More