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 12 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 limited gaming from title 12 to the new title. Section 3 relocates laws related to the tribal-state gaming compact from title 12 to the new title. Section 4 repeals the relocated laws from their current location. Sections 5 through 45 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
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The bill places a cap on the number of plants that can be possessed or grown on a residential property at 16 plants unless a local jurisdiction permits possessing or growing more than 16 plants. The criminal penalties for violating the cultivation limit are: A level 1 drug petty offense for a first offense if the offense involves more than twelve plants, punishable by a fine of up to one thousand dollars; A level 4 drug felony for a second or subsequent offense if the offense involves more than twelve but not more than thirty plants; or A level 3 drug felony for a second or subsequent offense if the offense involves more than thirty plants. A medical marijuana patient or primary caregiver who cultivates more than 16 plants must cultivate the plants in compliance with applicable city, county, or city and county law. The bill requires a patient or primary caregiver cultivating medical marijuana to comply with all local laws, regulations, and zoning requirements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill: Authorizes a limited cooperative association to operate as a public benefit corporation; Deletes the requirement that a public benefit corporation's entity name explicitly refer to its status as a public benefit corporation, and instead requires that before issuing shares of stock or disposing of treasury shares that are not required to be federally registered, the public benefit corporation must provide notice to the person to whom the stock is issued or who acquires the treasury shares that it is a public benefit corporation ( section 1 of the bill); Subjects transactions to opt out of status as a public benefit corporation to the requirement to get shareholder approval ( section 2 ); Clarifies the requirements applicable to the filing of the annual public benefit report ( section 4 ); Clarifies that the existence of a provision of the public benefit corporation law does not of itself create an implication that a contrary or different rule of law is or would be applicable to an entity that is not a public benefit corporation ( section 5 ); and Appropriates $30,488 from the department of state cash fund 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.)
Current law states that a conviction for escape or for attempt to escape may not be used for the purpose of adjudicating a person an habitual criminal unless the conviction is based on the offender's escape or attempt to escape from a correctional facility. The bill clarifies that this prohibition applies to both current and prior convictions for escape and attempt to escape. The bill also states that for the purposes of this prohibition, 'correctional facility' does not include a community corrections facility or a halfway house. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill addresses issues related to the state commission on judicial performance and the various district commissions on judicial performance (state commission, district commissions, or collectively all commissions), including: Procedures and duties common to all commissions are combined in a more user-friendly fashion. The current membership of all commissions is left in place as-is until January 31, 2019, at which time the governor's attorney appointment to a district commission and the chief justice's two nonattorney appointments to a district commission expire. The terms of all other existing commissioners continue until such time as the commissioner's term was originally set to expire. Beginning February 1, 2019, the membership of the commissions is structured as follows, with new appointing authorities making appointments on or before March 1, 2019: The state commission consists of 11 members, one attorney and one nonattorney each by the president of senate and speaker of the house of representatives; one nonattorney each by the minority leader of each house; two attorneys appointed by the chief justice of the supreme court; and two nonattorneys and one attorney appointed by the governor. Each district commission consists of 10 members. The make-up of each district commission is the same as that of the state commission except that the governor only appoints two nonattorneys to each district commission and makes no attorney appointment. In the case of a vacancy, the original appointing authority shall make an appointment within 45 days after the date of the vacancy. If the original appointing authority fails to fill the vacancy within 45 days, the governor shall make the appointment. Other conditions related to the membership of state and district commissioners remain as they exist in current law. Duties of all commissions are outlined. The state commission is tasked with developing uniform rules, guidelines, and procedures,, including those related to the development and distribution of surveys for persons affected by justices and judges; promulgation of rules concerning the evaluation of justices and judges, the creation of a standards matrix related to statutory performance criteria and a description of the thresholds for the recommendations of 'meets performance standard' or 'does not meet performance standard', and the continuous collection of data for use in evaluations; and the development of a systemwide judicial training program and a systemwide volunteer courtroom observer program. The state commission is tasked with developing surveys to provide to persons who are affected by justices and judges and to develop guidelines and procedures to make such surveys readily available to those persons. The state commission shall develop rules, guidelines, and procedures to provide attorneys, pro se litigants, and clients with accessible and timely opportunities to review the surveys. Current law requires the state supreme court to approve rules promulgated by the state commission. That requirement is removed. The state commission may, however, at its discretion and within existing appropriations and resources, retain independent legal counsel to review any rules, guidelines, or procedures adopted. The state commission shall post a notice of any proposed rule, guideline, or procedure, allow for a period for public comment, and give the public the opportunity to address the state commission at a public hearing on the proposed rule, guideline, or procedure. The bill adds retired judges who have returned to temporary judicial duties per contract with the judicial department, as allowed by statute, also referred to as senior judges, to the list of judges that commissions are to evaluate. Every third year following the initial appointment of a senior judge to the bench through a contract, the state commission shall conduct a performance evaluation of such judge. The performance evaluation shall be completed and communicate the related narrative to the chief justice no later than 45 days prior to the expiration of the senior judge's contract for that year. Judicial performance evaluation criteria is retained, as is the requirement for all commissions to perform election-retention-year evaluations as well as initial and interim evaluations. Narratives and recommendations stemming from such evaluations are still required. The option to develop an individual improvement plan (improvement plan) for a justice or judge is authorized. If the state or a district commission recommends that a justice or judge receive an improvement plan, the commission shall communicate that recommendation to the chief justice or appropriate chief judge. The chief justice or chief judge shall then develop an improvement plan for the justice or judge in question and forward such improvement plan to the state commission for review. After the state commission reviews and approves an improvement plan, the chief justice or chief judge has the responsibility for implementing the improvement plan. A copy of the improvement plan and a statement of the results of such plan will be maintained in the appropriate commission's files. If a justice or judge is required to complete an improvement plan and he or she fails to satisfactorily do so, the appropriate commission shall automatically issue a 'does not meet performance standard' designation on his or her performance evaluation summary. The state commission is required to gather and maintain statewide data and post a report of the data on its website at least 30 days prior to each retention election; and Beginning in January 2019, and every 2 years thereafter, the judicial department shall include a summary of the commissions' activities in the department's 'State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act' presentation to the joint judicial committee. A private right of action is established in which final actions of the state commission are subject to judicial review if a person is adversely affected or aggrieved by such final action. A 'final action' for purposes of the private right of action is defined as a rule, guideline, or procedure adopted by the state commission. A 'final action' does not include a final recommendation regarding a justice or a judge, an improvement plan, surveys developed by the state commission, or any aspect of an individual justice's or judge's judicial performance evaluation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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. To implement the initial recommendations of the study: Section 1 of the bill creates a new article 64 in title 23 of the Colorado Revised Statutes and relocates the repealed provisions of article 59 of title 12 of the Colorado Revised Statutes to that article 64; Sections 2 through 19 of the bill make conforming amendments; and Section 20 of the bill repeals article 59 of title 12 of the Colorado Revised Statutes.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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. To implement the initial recommendations of the study: Section 1 of the bill relocates article 18 of title 12, which relates to dance halls, to title 30, which pertains to counties; Section 2 relocates article 25.5 of title 12, which relates to escort services, to title 29, which relates to local governments; and Section 3 relocates article 56 of title 12, which relates to pawnbrokers, to title 29. Section 9 repeals the articles where these laws were previously codified, and sections 4 through 8 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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. To implement the initial recommendations of the study, the bill relocates the following laws: Article 29.3 of title 12, pursuant to which the department of public health and environment (department) regulates volunteer health practitioners and services provided by volunteer health practitioners during a declared emergency, to part 6 of article 1.5 of title 25 ( section 1 of the bill ); and Article 30 of title 12, pursuant to which the department regulates persons that represent that a drug, medicine, compound, or device is of value in the diagnosis, treatment, alleviation, or cure of cancer, and the drugs, medicines, compounds, or devices so represented, to article 48 of title 25 ( section 2 ). Section 3 repeals the articles where these laws were previously codified.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)