The bill changes the name of 'Delta-Montrose technical college' to 'technical college of the Rockies'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sections 1 through 4 of the bill allow a higher education institution that has a license to serve alcohol beverages for on-premises consumption to apply for designation as a campus liquor complex, thereby allowing the institution to designate multiple facilities on the campus as locations for serving alcohol beverages. An institution of higher education seeking to designate a campus liquor complex is subject to the following requirements: The institution must: Designate its principal licensed premises and additional separate, related facilities that are located within the campus liquor complex; clearly identify each related facility by its location within the campus; and clearly identify, by a description and map, each area where alcohol beverages will be consumed. The institution must obtain a permit for each related facility where alcohol beverages will be served. Each related facility must remain at all times under the ownership or control of the licensee. The institution must designate a manager for the campus liquor complex and for each related facility. For the purposes of license discipline, each related facility is deemed separately permitted. Section 5 imposes a state permit fee of $75 and section 6 imposes a local permit fee of $100. $22,150 is appropriated from the liquor enforcement division and state licensing authority cash fund for use by the liquor and tobacco enforcement division. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the crime of misuse of electronic images by a juvenile. The offense prohibits a juvenile from knowingly distributing, displaying, or publishing through digital or electronic means, or possessing, a sexually explicit image of himself or herself or of another juvenile who, as depicted in the image, is within 4 years of age of the charged juvenile. If a juvenile is charged with the crime of misuse of electronic images by a juvenile, he or she cannot be charged with sexual exploitation of a child. It is an affirmative defense to the distribution offense if the juvenile committed the act as a result of coercion, intimidation, or harassment. It is an affirmative defense to the possession offense if the juvenile: Did not solicit or request to be supplied with the image or images; and Did not participate in or encourage the making of the image or images; and Did not transmit or distribute the image or images to another person; and Took reasonable steps to either destroy or delete the images within 72 hours or reported the receipt of such image or images to law enforcement or a school official within 72 hours.(Note: This summary applies to this bill as introduced.)
The current rate of postjudgment interest is 2% over the Kansas City discount rate with a floor of 8%. The bill eliminates the floor. The current interest rate for judgments for personal injury damages caused by a tort is 9%. The bill ties this interest rate to the current rate of postjudgment interest. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law forbids uninsured and underinsured medical coverage to take a setoff when medical insurance pays a part of the damages caused by a crash. The bill clarifies that this does not require the insurers to pay more than the actual damages caused by the crash. An insurer is authorized to prohibit stacking the limits of more than one uninsured motorist coverage policy if the provisions are included in a single policy covering multiple vehicles or in multiple policies issued by one insurer or by insurers under common ownership or management. But this provision must not prohibit stacking of the uninsured or underinsured policies issued to an insured by different companies or to an unrelated person. The maximum liability under the uninsured motorist coverage is the lesser of the policy limits and amounts paid by a legally liable person or the amount of damages sustained but not recovered. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill modifies the collateral-source rule, which generally states that in a civil action for damages the jury should not be told about insurance coverage or other sources from which the plaintiff has received or may receive compensation (collateral sources). The bill allows evidence of collateral sources unless the plaintiff agrees to have the jury's award reduced by the lesser of: The amount paid or available to the plaintiff from collateral sources; or The amount of premiums or other contributions the plaintiff paid to those collateral sources. The bill establishes the procedure for determining these amounts and the conditions under which the plaintiff may elect to invoke the collateral-source rule. The bill retains the original collateral-source rule, without the changes specified above, if the defendant has been convicted of a second or subsequent alcohol-related driving offense that resulted in injury. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law there is an exception to the crime of possession of sexually exploitative material for peace officers while in the performance of their duties. The bill expands the exception to a prosecutor, criminal investigator, crime analyst, or other individual who is employed by a law enforcement agency or district attorney's office and who performs or assists in investigative duties that may involve sexually exploitative materials and a defendant's attorney and any employee of the attorney or person retained by the attorney who assists in a case involving sexually exploitative materials. (Note: This summary applies to this bill as introduced.)
The bill states that when a peace officer or community parole officer has probable cause to believe that an offender in an intensive supervision program has committed an escape by knowingly removing or tampering with an electronic monitoring device that he or she is required to wear as a condition of parole, the officer shall immediately seek a warrant for the offender's arrest or arrest the offender without undue delay if the offender is in the presence of the officer. However, before an officer arrests an offender, the officer, if practicable, shall determine that the notification of removal or tampering was not merely the result of an equipment malfunction. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill gives a federal mineral lease district (district) the option, but not the obligation, to invest a portion of the funding it receives from the local government mineral impact fund in a fund. Current law requires the district to distribute the funding to impacted areas in the district, but also allows the district to reserve all or a portion of the funding for use in subsequent years. The bill specifies that the district may appropriate and disburse any part of the invested funding and all sums in excess thereof, including interest, dividends, or similar appreciated values, but specifies that the district shall do so only upon the enactment of a resolution identifying the reason for the appropriation and disbursement. The bill specifies that the district may invest the funding subject to the district's investment policy and in any investment in which the board of trustees of the public employees' retirement association may invest the funds of the association, which are the same investments in which the state treasurer is authorized to invest the local government permanent fund, which is comprised of 50% of the federal mineral lease bonus payments. The bill allows the board of directors to engage the services of investment advisors, but specifies that the selection of investment advisors must be made following an open and competitive process. The bill also requires the district to adopt an investment policy resolution that must be reviewed annually and must include: An acknowledgment of the board of director's fiduciary responsibility with respect to oversight of the district's investment policy; Performance benchmarks for all investments and for all investment advisors who may be hired by the board of directors; A requirement for the preparation and publication of annual financial statements that must include, at a minimum, information regarding starting balances, contributions, investment income, and losses, if any, and any investment fees incurred; Careful consideration of investment fees or other brokerage costs which might reduce investment returns; and A requirement that the board of directors annually review the investments and annually set appropriations to be included in the trust fund.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
