Commissions on judicial performance - senior judges - vacancies - surveys. Currently, senior judges are evaluated by the state commission on judicial performance (state commission). The act repeals this provision and makes conforming amendments. Under current law, for a vacancy on a state or district commission on judicial performance, if the appointing authority does not appoint a replacement within 45 days after the vacancy arises, the governor appoints a replacement member of the commission. The act changes this from the governor to the state commission. The act provides that surveys of justices and judges are to be distributed primarily through electronic means and directs the state commission to make efforts to locate electronic addresses for persons who use the courts. For rules of the state commission, the act clarifies that they may provide for a matrix or scorecard to evaluate a judge or justice and repeals the requirement that the rules contain a threshold for deciding whether a judge or justice meets a performance standard. (Note: This summary applies to this bill as enacted.) Read More
Sponsored bills
Sales and use tax - wholesale sales - agricultural commodities - fertilizer and spray adjuvants. Wholesale sales are not subject to sales and use taxes. The act includes sales of fertilizer and spray adjuvants used in the production of agricultural commodities in the definition of "wholesale sales" for sales and use tax purposes.(Note: This summary applies to this bill as enacted.) Read More
Read More
List of nondeveloped real property - submission to capital development committee - report to general assembly - property tax - modification to administration of existing property tax exemption - certain affordable housing developments. Not later than October 15, 2019, the act requires each state agency and state institution of higher education to submit to the capital development committee (committee) a list of all nondeveloped real property owned by or under the control of the agency or institution. The act defines "nondeveloped real property" to mean unimproved real property that is not otherwise protected for or dedicated to another use such as an access or a conservation easement. Not later than October 15 of each year thereafter, the act requires each agency or institution to submit to the committee any additions or deletions to the list identifying any nondeveloped real property the agency has acquired or disposed of during the preceding state fiscal year. The committee is required to include this information in an annual report published on the website of the general assembly. The division of housing within the department of local affairs (division) is required to provide a link to the report on the division's website. The act exempts the division of parks and wildlife in the department of natural resources from these requirements. On a page on the website maintained by the department of local affairs that is dedicated to the division, the act requires the division to provide a link to the annual report that includes information on nondeveloped real property owned by or under the control of each state agency or institution of higher education. Not later than once annually by December 31 of each year, the division is required to update this link. Under current law, certain property is exempt from the levy and collection of the real property tax if the property is owned by: A nonprofit corporation, the earnings of which do not inure to a private shareholder, and the property is irrevocably dedicated to charitable, religious, or hospital purposes; or A nonprofit corporation that is a general partner of a partnership formed for the purpose of creating or maintaining affordable housing. The statutory provisions that allow for the property tax exemption for a partnership satisfying the requirements of the exemption do not apply if, during a specified compliance period, the partnership which owns the residential structure distributes income or has income available for distribution to its partners or if the residential structure is sold or otherwise disposed of during the compliance period. If the property tax administrator (administrator) determines that income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator is required to revoke the property tax exemption for the residential property and to levy and collect property tax against the residential property, which would have otherwise been levied and collected from the date on which the exemption was initially granted plus all delinquent interest as provided for by law. For property tax years commencing on or after January 1, 2019, if the administrator determines that income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator is required to either revoke the property tax exemption for the residential property as of the date income becomes available for distribution or terminate the exemption as of the date the property is transferred. Under the act, the administrator is no longer required in such circumstances to levy and collect property taxes that otherwise would have been levied and collected. (Note: This summary applies to this bill as enacted.) Read More
Health facilities - health care providers - adverse health care incidents - protected communications with patients. The act creates the "Colorado Candor Act" (Act), which: Establishes a process for open communication between a patient and a health care provider or health facility after an adverse health care incident; and Provides that communications under the Act are privileged and confidential, are inadmissible as evidence in any subsequent proceedings arising directly out of the adverse health care incident, and are not subject to discovery, subpoena, or other means of legal compulsion for release.(Note: This summary applies to this bill as enacted.) Read More
Current law states that, with certain exceptions, a motor vehicle manufacturer may not own, operate, or control any motor vehicle dealer or used motor vehicle dealer in Colorado. The bill creates a new exception that allows the ownership, operation, or control of a motor vehicle dealer by an electric motor vehicle manufacturer that engages exclusively in the sale of electric motor vehicles of the same line-make as are manufactured by the electric motor vehicle manufacturer. An "electric motor vehicle" is a motor vehicle that operates entirely on electrical power, does not include a fuel combustion engine, and has at least 4 wheels in contact with the ground during normal operation. An "electric motor vehicle manufacturer" is an entity that manufactures and sells electric motor vehicles and does not manufacture or sell motor vehicles that are fully or partly powered by a fuel combustion engine. (Note: This summary applies to this bill as introduced.) Read More
Revised uniform unclaimed property act. The act replaces the current provisions relating to the disposition of unclaimed property with the "Revised Uniform Unclaimed Property Act" (RUUPA), as adopted by the National Conference of Commissioners on Uniform State Laws in 2016, but including a number of Colorado-specific amendments. The RUUPA 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 RUUPA is subdivided into 15 parts, which are summarized as follows: Part 1 establishes general provisions, including definitions for terms used in the RUUPA and authority for the administrator, who is the state treasurer, to make rules related to the RUUPA; Part 2 establishes standards to determine if property is abandoned. Under the RUUPA, 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 RUUPA are shorter than current law. This part also includes a number of sections that are included in current law to exempt property from the RUUPA. 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 RUUPA; 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 RUUPA; 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, a local government opt-out, and transitional interpretation. The act also includes the "Unclaimed Life Insurance Benefits Act", which establishes the duty of an insurer to compare names of insured with the death master file and to verify a match found on the list. Benefits that are not able to be paid to designated beneficiaries or owners whom cannot be found are transferred to the administrator in accordance with the RUUPA. (Note: This summary applies to this bill as enacted.) Read More
Commission duties - funding formulas - 5-year reviews. The act requires the Colorado commission on higher education (commission) to conduct a review of the funding formula for institutions of higher education every 5 years and to submit a report on recommended changes to specified committees of the general assembly on or before November 1 of the year in which the review was conducted. It also specifies certain steps that the commission shall take in conducting the review.(Note: This summary applies to this bill as enacted.) Read More
State board of health - repeal authority over money for state and local public works or public health functions. The act repeals the state board of health's authority to accept, use, disburse, and administer money allotted to the department of public health and environment for state and local public works or public health functions.(Note: This summary applies to this bill as enacted.) Read More