The bill creates a marijuana consumption club (club) license. The license is subject to the same licensing requirements as other retail marijuana licenses. The license may be issued to a person who operates an establishment where retail marijuana or retail marijuana products may be sold and consumed. The club's sales are limited to the same limits as a retail marijuana store. The club may not serve food prepared on site or alcohol. Entry to the club is restricted to those persons at least 21 years of age. A club shall purchase its retail marijuana or retail marijuana products from a licensed marijuana business or get a cultivation license and sell its own marijuana. A club may not permit outside marijuana or marijuana products. All retail marijuana or retail marijuana products must be consumed or disposed of on site. A club and its employees shall successfully complete a responsible vendor program annually. A club has the same immunity to a lawsuit for an injury caused by a club patron that a bar enjoys. The bill allows a local government to permit clubs in its jurisdiction. If a local government permits clubs, it shall adopt an approval or licensing requirement. In order to operate as a club, the club must comply with the local and state licensing regulations. A club is exempt from the 'Colorado Clean Indoor Air Act' for marijuana consumption purposes if it is fully ventilated. Public display, consumption, or use of marijuana in a club is not a criminal offense. (Note: This summary applies to this bill as introduced.) , Read More
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Under current law, when a complaint against a mental health professional is dismissed, information contained in the files of a mental health professional regulatory board is exempt from disclosure under the open records law. The bill allows a mental health professional who is a respondent to a dismissed complaint to access the information contained in the division of professions and occupations's and applicable regulatory boards' files. The names of the respondent's clients and other recipients of services, and any other information that would identify an individual person, must be redacted from the information provided to the respondent. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates the 'Colorado Right to Rest Act', which establishes basic rights for persons experiencing homelessness, including, but not limited to, the right to use and move freely in public spaces, to rest in public spaces, to eat or accept food in any public space where food is not prohibited, to occupy a legally parked vehicle, and to have a reasonable expectation of privacy of one's property. The bill does not create an obligation for a provider of services for persons experiencing homelessness to provide shelter or services when none are available.(Note: This summary applies to this bill as introduced.) , Read More
Section 1 of the bill clarifies that money received as fines for the following violations may be deposited in the auto dealers license fund: Issuance of a bad check by a motor vehicle dealer; and Failure to obtain any necessary license to be a motor vehicle dealer, manufacturer, distributor, wholesaler, manufacturer representative, used motor vehicle dealer, buyer agent, wholesale motor vehicle auction dealer, or motor vehicle salesperson. Currently, a law enforcement agency may keep any fine money if it issues a citation for failing to obtain a license to be a wholesaler, powersports vehicle dealer, used powersports vehicle dealer, powersports vehicle manufacturer, powersports vehicle distributor, or powersports vehicle manufacturer representative. Section 3 diverts half of this fine to the auto dealers license fund. Section 2 applies to the requirement that specified sellers of powersports vehicles be licensed. It exempts businesses that sell vehicles that meet the following criteria: The vehicle has been owned for more than one year; The vehicle has been used exclusively for business purposes; The vehicle is titled in the name of the business; All taxes for the vehicle have been paid; and The total number of vehicles sold by the business owner over a 2-year period does not exceed 20 vehicles.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Police Officers' and Firefighters' Pension Reform Commission. Current law allows an employer that is affiliated with the fire and police pension association (FPPA) and that provides a money purchase plan for its employees to apply to the board of directors of FPPA (board) to cover some or all existing members of the money purchase plan under either the statewide hybrid plan or the statewide defined benefit plan, both of which are part of the defined benefit system. Current law requires the employer to apply to the board separately for each plan. In addition, the employer may apply to cover only existing employees under the statewide hybrid plan or the statewide defined benefit plan. The bill allows an employer that provides a money purchase plan to apply to the board, with a single application, to cover some or all of the existing members of its money purchase plan in the defined benefit system. In addition, the bill allows an employer that provides a money purchase plan to apply to the board to cover all new employees hired on or after a date certain and who are members of the FPPA to participate as a group in either the statewide hybrid plan or the statewide defined benefit plan through the defined benefit system. The bill eliminates certain statutory requirements in connection with an employer's participation in the defined benefit system and instead authorizes the board to determine the terms, process, certifications, and schedules that will govern an employer's participation in the defined benefit system. The bill also repeals the separate application process for entry into the statewide defined benefit plan. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill amends the criminal act of hazing to include emotional and psychological, as well as physical, harm. The bill also extends the crime of hazing to actions involving adult organizations and those actions that occur on public or private property. An affirmative defense is added that provides a means for a person who is charged with hazing to attempt to prove that he or she was, at the time of the offense, also a victim of hazing and as such was forced to commit the activity that constituted hazing of another individual.(Note: This summary applies to this bill as introduced.) , Read More
On solely a one-time basis within the state, the bill requires a state district court to waive all statutory requirements specified for the approval of a municipal incorporation that are not otherwise met by a petitioner if the petitioner files a request for such waiver with a state district court in accordance with the bill. The bill defines 'petitioner' to mean a natural person or entity that seeks state district court approval of a pilot project in accordance with the bill and defines 'pilot project' to mean a one-time project for approval by a state district court of a municipal incorporation to facilitate the creation of a model for a sustainable community with significant affordable housing. The petitioner commences the process for acquiring a waiver by filing an application with an appropriate state district court. The application must be supported by the formal endorsement in writing of any 2 of the following 3 individuals in office as of the time the application is submitted to the district court: The governor of the state; The president of the state senate; or The speaker of the state house of representatives. This formal endorsement must include a statement from the applicable elected official on his or her official letterhead as to why he or she believes approval of the pilot project is a model for sustainability and affordable housing while also being in the best interests of the people of the state. Once a single waiver has been granted by a state district court under the bill, no additional waivers may be granted for any land area in the state under the bill unless the waiver has been approved by the general assembly by bill including the signature of the governor in accordance with all regular legal procedures and additionally by each of the 3 elected officials in accordance with the requirements of the bill. A petitioner's request for a waiver must be filed with the district court not later than July 31, 2018. Any request for a waiver that is not filed by July 31, 2018, is of no legal force and effect. If the petitioner satisfies all requirements, the district court is required to enter an order finding that the pilot project meets all of the applicable requirements, issuing the requested waiver, and approving the pilot project that is effective as of the date of the order. Upon the entry by a district court of an order issuing the requested waiver and approving the pilot project, the pilot project is designated a town and as of that date possesses all of the rights, powers, and duties delegated to or imposed upon the towns of this state as provided by law, including powers relating to land use, zoning, and related matters. The territorial boundaries of the town are coterminous with the land area of the pilot project as specified in the waiver application. Not less than 90 days after entry of the order, one or more owners of real property located within the territorial boundaries of the town, acting singularly or in combination, as applicable, are required to appoint 5 individuals to serve as the members of a town commission. The commission serves as the governing body of the town, and possesses all of the powers and duties possessed under law by a town council, until such time as the town elects a town council and other elective officers. The term of office of all such commission members is 4 years; except that the term of office of members of the commission may terminate earlier than 4 years upon the election of the town council and other elective officers at which time the commission ceases to exist. An individual need not be a registered elector of the town in order to accept appointment to the commission but any person serving on the commission must be a resident of the state. At such time as the number of residents of the town equals or exceeds 150 natural persons, the commission is required to hold an election for the purpose of electing a town council and other elective officers. To the extent practicable, the election must be conducted in accordance with the applicable provisions of existing law. Upon the election of the town council and other elective officers, the town council becomes the governing body of the town and such council members and other elective officers must perform their duties and responsibilities as provided by law. The bill clarifies that the town possesses the same authority as any other government in the state to cooperate with or enter into an intergovernmental agreement with another government for the provision of any goods or services to assist in the development, management, operation, or administration of the town. The pilot project opportunity is repealed, effective July 1, 2019. (Note: This summary applies to this bill as introduced.) Read More
Current law prohibits the use of wireless telephones while driving for individuals who are younger than 18 years of age. The bill: Extends the prohibition to drivers of all ages; Increases the penalty for minor drivers from $50 per violation to $300 per violation, to match the penalty that currently applies to adult drivers; Extends the existing prohibition of the use of wireless telephones to include all mobile electronic devices; Creates an exception to the prohibition of the use of mobile electronic devices for adult drivers who use a mobile electronic device through the use of a hands-free device; and Repeals a sentence enhancement for a violation that causes a bodily injury or death.(Note: This summary applies to this bill as introduced.) Read More
The bill increases the penalties on unlicensed motor vehicle sales. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill allows persons who were convicted of misdemeanors for the use or possession of marijuana to petition for the sealing of criminal records relating to such convictions if their behavior would not have been a criminal offense if the behavior had occurred on or after December 10, 2012. The court shall order the record sealed after the filing fees are paid, the petitioner establishes the offense is eligible for sealing, and the petition is posted on the website of the state court administrator for 30 days. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)