The broadband deployment board (board) awards grants for the provision of broadband service in unserved areas of the state, which are areas deemed to have insufficient broadband service. The act authorizes but does not require an applicant seeking grant money from the board to submit to the board a written certification from the local entity with jurisdiction over the area that the applicant proposes to serve, certifying that the area is an unserved area. A local entity that is requested to provide written certification may not do so without first holding a hearing on the matter after providing notice of the hearing, including notice to any incumbent provider. The board is required to give substantial weight to a local entity's written certification that an area is an unserved area. (Note: This summary applies to this bill as enacted.)
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Due to the COVID-19 virus, the judiciary committee of the house of representatives (judiciary committee) was unable to hold a full hearing during the 2020 regular session on the sunset report on the sex offender management board (SOMB report) prepared by the department of regulatory agencies (DORA). The act continues the sex offender management board for one year and directs the judiciary committee to hold a hearing on the SOMB report during the 2021 regular session. DORA is not required to prepare an additional report prior to the 2021 session. (Note: This summary applies to this bill as enacted.)
Currently, members of the general assembly who reside in the Denver metropolitan area are entitled to receive up to $45 per legislative day for expenses incurred during the sessions of the general assembly. In lieu of this amount, members who do not reside in the Denver metropolitan area are entitled to an amount equal to 85% of the federal per diem rate for the city and county of Denver, which is $219 for the 2019-2020 fiscal year. The act freezes the amount to be paid to members who do not reside in the Denver metropolitan area to this current amount for the 2020-2021 fiscal year. (Note: This summary applies to this bill as enacted.)
Pursuant to an opinion of the Colorado supreme court, if a party to a criminal case wrongfully procures the unavailability of a witness, that witness's hearsay evidence may be inadmissible. The act provides that such evidence may be admissible as an exception to the hearsay rule if: The proponent of the evidence has given reasonable notice of the party's intent to introduce the evidence; and The court determines by a preponderance of the evidence that the party intended to and did procure the unavailability of the witness.(Note: This summary applies to this bill as enacted.)
Property tax in Colorado is generally equal to the actual value of property multiplied by an assessment rate, and the resulting assessed value is multiplied by each applicable local government's mill levy. The assessment rate for residential real property is established by the general assembly in accordance with a provision of the state constitution that is commonly known as the "Gallagher Amendment" and is limited by section 20 of article X of the state constitution (TABOR). Under the Gallagher Amendment, there are 2 relevant classes of property for the purposes of determining the residential assessment rate: residential property and nonresidential property. The assessment rate for most nonresidential property is fixed in the state constitution at 29%. The residential assessment rate was initially set at 21%, but the rate has been adjusted prior to each 2-year reassessment cycle to keep the percentage of aggregate statewide assessed value attributable to residential property the same as it was in the year immediately preceding the new reassessment cycle. Currently, the residential assessment rate is 7.15%. The concurrent resolution repeals the Gallagher Amendment so that the general assembly will no longer be required to establish the residential assessment rate based on the formula expressed in the Gallagher Amendment. The resolution also repeals the reference to the residential rate of 21%, which last applied in 1986 prior to the first adjustment required by the Gallagher Amendment. Finally, the resolution repeals the 29% assessment rate that applies for all nonresidential property, excluding producing mines and lands or leaseholds producing oil or gas. (Note: This summary applies to this concurrent resolution as adopted.)
Beginning in the 2020-21 budget year, the bill allows a school district, a board of cooperative services, a charter school, or the state charter school institute (local education provider) that operates a pathways in technology early college high school (p-tech school) to apply to the department of education (department) for reimbursement for the amount of tuition and fees and the costs of books and materials incurred in enrolling p-tech school students in postsecondary courses. The amount of the reimbursement is based on the average of the in-state tuition for local district colleges or community colleges, depending on the type of institution that provides the course, and is payable only for each successfully completed course credit hour. The state board of education must promulgate rules to implement the reimbursements. For the 2020-21 budget year and each budget year thereafter, the general assembly is directed to appropriate at least $2 million for the amount of the reimbursements. As part of the annual budget preparation process, the department will report the actual amount reimbursed and the amount expected to be reimbursed in the current and future budget years.(Note: This summary applies to this bill as introduced.)
The bill requires a court to hold a bond setting hearing within 48 hours after an arrestee's arrival at a jail or holding center beginning on July 1, 2021, for in-county arrestees and July 1, 2022, for out-of-county arrestees. The bill creates the position of a bond hearing officer to conduct bond hearings on weekends and holidays throughout the state using audiovisual technology. The bond hearing officer conducts bond hearings throughout the state in the counties that request the service of the bond hearing officer. The public will be able to view the hearings. The bill creates the county assistance for bond hearings grant program, which will allow the state court administrator to provide grants to counties to purchase or upgrade audiovisual devices to allow jails and district attorneys to connect with the court to allow remote audiovisual bond hearings.(Note: This summary applies to this bill as introduced.)
The concurrent resolution creates a state income tax credit for taxpayers who participate in the at-home instruction of a child that either receives at-home instruction through a homeschool program or is enrolled in a school district, a school operated by a board of cooperative services, a charter school, an institute charter school, a private school, or the Colorado school for the deaf and the blind and receives remote instruction from the school district, board of cooperative services, charter school, institute charter school, private school, or the Colorado school for the deaf and the blind. The amount of the credit is either: $500 for each child who receives at-home instruction for more than 80 but less than 160 days during a tax year; or $1,000 for each child who receives at-home instruction for at least 160 days during a tax year. The credit may be carried forward for 3 years but not refunded. (Note: This summary applies to this concurrent resolution as introduced.)
Under existing law, the statute of limitations to bring a civil claim based on sexual assault or a sexual offense against a child is 6 years, but the statute is tolled when the victim is a person under disability or is in a special relationship with the perpetrator of the assault. The bill defines sexual misconduct and removes the limitation on bringing a civil claim based on sexual misconduct, including derivative claims and claims brought against a person or entity that is not the perpetrator of the sexual misconduct. The statutory period to commence a civil action described in the bill applies to a cause of action that accrues on or after January 1, 2021, or a cause of action accruing prior to January 1, 2021, so long as the applicable statute of limitations has not yet run as of January 1, 2021. The bill removes the provision that a plaintiff who is a victim of a series of sexual assaults does not need to establish which act in the series caused the plaintiff's injuries. Under existing law, a plaintiff who brings a civil action alleging sexual misconduct 15 years or more after the plaintiff turns 18 is limited to recovering only certain damages. The bill eliminates this restriction. Under existing law, a victim who is a person under disability or is in a special relationship with the perpetrator of the assault may not bring an action against a defendant who is deceased or incapacitated. The bill eliminates this restriction. Under existing law, a claim for negligence in the practice of medicine that is based on a sexual assault is exempt from the statute of limitation for claims involving sexual assault and instead is subject to the same limitation as any other claim for negligence in the practice of medicine. The bill removes this exemption. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires each judicial district to implement a pretrial release assessment process to assess arrested persons as soon as practicable but no later than 24 hours after admission to a detention facility. Each judicial district shall also adopt written criteria in an administrative order allowing for the immediate pretrial release of certain arrested persons on a summons or an unsecured personal recognizance bond without any monetary condition after a pretrial release assessment is completed and without an initial hearing before the court. The division of criminal justice in the department of public safety (DCJ) shall develop statewide standards and guidelines for the development of the pretrial release assessment process, the written criteria for immediate pretrial release, and standards for the setting of the type of bond and conditions of release. The DCJ shall also compile an inventory of approved pretrial risk assessment instruments available for use in Colorado. By October 1, 2022, and every October 1 thereafter, the DCJ shall evaluate the outcome of the bond setting process, including the type of bond set, the amount of any secured or unsecured monetary condition of bond, and any other conditions of release, if available, for bias on the basis of race, ethnicity, or gender by judicial district. Beginning April 1, 2021, if a person is not released without a monetary bond pursuant to an administrative order, the court shall hold a hearing as soon as practicable to determine bond and the conditions of release. The bill creates a presumption that a person will be released without any monetary conditions of release. The court is required to use specified criteria in determining the bond and conditions of release. The bill specifies the types of bond that the court can order including: An unsecured personal recognizance bond; An unsecured personal recognizance bond with additional nonmonetary conditions of release; A bond with a monetary condition; or A bond with secured real estate conditions. The bill specifies the required conditions of release and permissive conditions of release. The bill requires all counties to develop a pretrial services program by April 1, 2021, which is approved by the chief judge of the judicial district where the county is located. The pretrial services program shall use a pretrial risk assessment instrument approved by the DCJ. Each pretrial services program shall provide an annual report to the department of public safety, which shall provide a report to specified legislative committees. The bill creates a pretrial services fund to provide counties with funds to operate or assist in the operation of a pretrial services program. (Note: This summary applies to this bill as introduced.)