Rep. Jovan Melton

Sunset Process - Senate State, Veterans, and Military Affairs Committee. The bill repeals the repeal of the statutory sections that create the court security cash fund (cash fund), the court security cash fund commission, and duties related to the cash fund.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill allows the state licensing authority to authorize single-instance transfers of retail marijuana or retail marijuana products from a retail marijuana licensee to a medical marijuana licensee. If granted, the transfer must be completed within 30 days of the date the transfer was approved. A retail marijuana license that is subject to suspension is not eligible for the transfer and any retail marijuana or retail marijuana product that is subject to an administrative hold is not eligible for transfer. Under current law, the department of revenue determines the average market rate for purposes of excise tax collection on retail marijuana every 6 months. The bill gives the department the authority to calculate the average market rate on a quarterly basis. The average market rate cannot include taxes paid on sales or transfers. The bill requires a separate average market rate for unprocessed marijuana for extraction that is lower than the average market rate for unprocessed marijuana for direct sale. The bill states that the average market rate should be used to calculate the state excise tax on affiliated transactions, and the contract price should be used to calculate the excise tax on unaffiliated transactions. The bill clarifies that the average market rate will be used to calculate the excise tax on all county, municipal, or metropolitan district transactions. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill specifies that it is neither a conflict of interest nor a breach of fiduciary duty or the public trust for a local government official to serve on the board of directors of a nonprofit entity. A local government official who serves on the board of directors of a nonprofit entity shall publicly announce his or her relationship with the nonprofit entity before voting on a matter that provides a direct and substantial economic benefit to the nonprofit entity. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Currently, the penalty for text messaging while driving is a $50 fine and one point assessed against the violator's driver's license for a first offense and a $100 fine and one point assessed against the violator's driver's license for a second or subsequent offense. The bill increases the penalty to a $300 fine and 4 points for each offense. A driver may not be cited for text messaging while driving unless the driver was also operating the motor vehicle in a careless and imprudent manner. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill designates as a peace officer the manager of the office of prevention and security within the division of homeland security and emergency management in the department of public safety. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The concurrent resolution amends the Colorado constitution to reduce the age qualification for a member of the general assembly from 25 to 21. (Note: This summary applies to the reengrossed version of this concurrent resolution as introduced in the second house.)

Colorado Commission on Uniform State Laws. The bill enacts the 'Revised Uniform Law on Notarial Acts' (the 'Act'), as amended by the National Conference of Commissioners on Uniform State Laws in 2016. The Act responds to current transactions and practices (in particular electronic records); seeks to promote uniformity among state laws regarding notarial acts; enhances the integrity of the notarial process; and provides for the recognition of notarial acts performed in this state, in other states, under the authority of a federally recognized Indian tribe, under federal authority, and in foreign jurisdictions. The bill postpones the sunset review of the notaries law from July 1, 2018, to September 1, 2023 and relocates the notaries law from the title governing professions and occupations to the secretary of state's article. The bill also creates a working group to study and make recommendations by December 1, 2017, regarding electronic remote notarization. The secretary of state must promulgate rules regarding electronic remote notarization, after which notaries may perform a notarial act by electronic remote notarization in compliance with the rules. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Section 1 of the bill directs the department of public health and environment to use marijuana taxes to make research grants regarding the medical efficacy of Colorado-grown strains of medical marijuana. Sections 2 and 3 allow a licensed medical or retail marijuana facility to transfer marijuana to a research facility for purposes of the medical research. Sections 2 and 3 also: Allow the use of medical or retail marijuana by a pesticide manufacturer in limited quantities as specified in rules promulgated by the state licensing authority that authorize a pesticide manufacturer to conduct research to establish safe and effective protocols for the use of pesticides on medical or retail marijuana; and Prohibit a state, local, or municipal agency from employing or using the results of a test of medical or retail marijuana conducted by an analytical laboratory that is not certified by the department of public health and environment and accredited to an accepted industry standard in that field of testing. The bill appropriates $62,210 from the marijuana cash fund to the department of revenue to implement the act, of which $19,010 and 0.1 FTE is reappropriated to the department of law. The act takes effect January 1, 2018. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill allows a licensed private investigator to enter a common interest community for a reasonable period of time for the sole purpose of serving process after he or she presents a copy of his or her private investigator's license and a copy of the documents to be served. A licensed private investigator who is allowed access to a common interest community to serve process shall not use such access to perform any investigative activities. A common interest community that is not staffed shall adopt and implement a procedure for allowing legitimate service of process to residents. An HOA, a community association manager of a common interest community, or a landlord of a residential premises is immune from civil liability for any damages caused by a process server who enters the community or premises to serve process to a resident unless such damages are at least partially attributable to a negligent act or omission by the HOA, community association manager, or landlord. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill applies to employers with 15 or more employees and prohibits those employers from: Advertising that a person with a criminal history may not apply for a position; Placing a statement in an employment application that a person with a criminal history may not apply for a position; or Making an inquiry about an applicant's criminal history on an initial application. An employer may obtain a job applicant's criminal background report at any time. An employer is exempt from the restrictions on advertising and initial employment applications when: The law prohibits a person who has a particular criminal history from being employed in a particular job; The employer is participating in a program to encourage employment of people with criminal histories; or The employer is required by law to conduct a criminal history record check for the particular position. The department of labor and employment is charged with enforcing the requirements of the bill and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action, and the bill does not create a protected class under employment antidiscrimination laws. The department is directed to adopt rules regarding procedures for handling complaints against employers. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)