The act grants a board of county commissioners the authority to license and regulate an owner or owner's agent who rents or advertises the owner's lodging unit for a short-term stay, and to fix the fees, terms, and manner for issuing and revoking licenses issued therefor. (Note: This summary applies to this bill as enacted.)
Joint Budget Committee. The housing assistance for persons transitioning from the criminal or juvenile justice system cash fund (cash fund), which is administered by the division of housing in the department of local affairs (division), currently includes reversions from unspent general fund appropriations to the division of criminal justice. The bill repeals these reversions. and replaces it with money that the division receives from the department of corrections or the department of human services from amounts the general assembly appropriated to those departments for persons transitioning from the criminal or juvenile justice system. The bill also adds explicit authority for the general assembly to appropriate this money to the departments of corrections and human services. (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 general assembly recognizes that the actual funded pupil count and the actual at-risk pupil count for the 2019-20 budget year are higher than anticipated when the appropriation amount was established during the 2019 legislative session, resulting in an increase in total program for the 2019-20 budget year. In addition, specific ownership tax revenue was less than anticipated, but local property tax revenue was more than anticipated, resulting in a net increase in the local share of total program funding. The increase in the local share of total program funding offsets a portion of the increase in total program. The act declares the general assembly's intent to maintain the budget stabilization factor at the dollar amount of the original appropriation. In addition, the total program amount set forth in statute was increased to reflect new provisions concerning funding for full-day kindergarten. The act increases appropriations for the state share of total program. (Note: This summary applies to this bill as enacted.)
Parks and wildlife - increased fines - disposition of fines collected. With regard to fines imposed for violations of laws enforced by the division of parks and wildlife in the department of natural resources (division), the act changes the amount of certain fines and modifies the disposition of money collected from fines. Under current law, the state treasurer is required to credit half of the money collected from a fine imposed for a violation of laws enforced by the division to the general fund and half of the money to either the fund administered by the division that is relevant to the type of violation committed, if a division officer issued the citation, or to the local government or other state agency whose law enforcement officer issued the citation. Sections 4, 24, 32, and 36 of the act modify the disposition of fines collected as follows: If a parks and wildlife officer issues a citation for a fine, the state treasurer is required to credit all of the money collected from the associated fine to the fund administered by the division that is relevant to the type of violation committed; or If any other Colorado peace officer issues a citation for a fine, the state treasurer is required to credit half of the money collected from the associated fine to the fund administered by the division that is relevant to the type of violation committed and half of the money to the local government or other state agency whose law enforcement officer issued the citation. Sections 3 and 35 increase the fine for a violation of a rule for which there is not an associated statutory penalty listed from $50 to $100. Section 5 increases the following fines from $50 to $100: Procuring or using multiple licenses of the same type; possessing live wildlife without a license; fishing without a license; and hunting without having obtained a hunter education certificate. Section 6 modifies the fines for unlawfully possessing fish, mollusks, crustaceans, amphibians, or reptiles so that the fine is $35 for each such animal taken or possessed at one time. Section 7 increases the fine from $50 to $150 for refusing to allow an officer of the division or other peace officer to inspect personal identification documents, licenses, firearms, records, or wildlife and increases the fine from $50 to $100 for failing to void a license or carcass tag as required by the parks and wildlife commission (commission) by rule. Section 8 increases the fine for unlawfully transporting, exporting, importing, or releasing native wildlife from $50 to $200. Section 9 increases the fine for hunting, trapping, or fishing on private property or for unlawfully posting on or otherwise indicating that public land is privately owned land from $100 to $200. Section 10 increases the fines for failing to attempt to locate big game that has been wounded from $100 to $200 and for using wildlife as bait from $100 to $200. Section 11 increases the fine from $50 to $100 for failing to wear fluorescent pink or daylight fluorescent orange garments while hunting elk, deer, pronghorn, moose, or black bear with a firearm. Section 12 increases the fine for possessing a loaded firearm in a motor vehicle from $50 to $100. Section 13 increases the fine for shooting from a public road from $50 to $100. Section 14 increases the fine for using division property in violation of any commission rule from $50 to $100. Section 15 increases the fine for knowingly luring a bear with food or edible waste from $100 to $200 for a first offense, $500 to $1,000 for a second offense, and $1,000 to $2,000 for a third or subsequent offense. Section 16 authorizes the commission, by rule, to allow for the possession, importation, exportation, shipment, or transportation of an aquatic nuisance species. Section 17 exempts from the prohibition against transferring park passes the transfer of a park pass pursuant to a commission rule regarding the manner by which a pass may be transferred. Section 18 increases the fine from $50 to $100 for using or possessing certain vessels that have not been issued a number. Section 19 increases the fine for violating certain personal watercraft equipment requirements from $50 to $100. Section 20 increases the fine for violating the minimum age requirements for operating a motorboat from $50 to $100. Section 21 increases the fine from $50 to $100 for operating a vessel: That is not properly equipped, in excess of noise restrictions, above wakeless speed, in violation of any commission rule, or, with respect to personal watercraft only, between 1/2 hour after sunset and 1/2 hour before sunrise. Section 21 also increases the fine for operating a vessel in a careless or imprudent manner from $100 to $200. Section 22 increases the fine from $100 to $200 for operating water skis or similar devices in a careless manner or operating a vessel towing water skis or a similar device in a manner as to cause the device or person on the device to collide with or strike an object or person. Section 22 also requires a person on a stand-up paddleboard to have a readily accessible personal flotation device and increases the fine from $50 to $100 for failing to wear a personal flotation device on water skis or similar devices, violating commission rules regarding the safe operation of water skis or similar devices, or violating commission rules prohibiting the use of single-chambered air-inflated devices on rivers or streams under certain conditions. Sections 23, 25 through 28, and 30 increase the fines for various snowmobile operational violations from $50 to $100. Section 29 increases the fine for operating a snowmobile in a careless or imprudent manner from $100 to $200. Section 29 also increases the fine from $50 to $100 for a snowmobile owner who, while the owner's snowmobile is under the owner's control, allows another to operate the snowmobile in a careless or imprudent manner, in a manner in wanton or willful disregard for safety, or under the influence of alcohol or a controlled substance. Section 31 increases the fine for operating an unnumbered, unregistered off-highway vehicle (OHV) from $50 to $100. Section 31 also increases the fine from $35 to $100 for operating a nonresident-owned or -operated OHV that does not have a valid license or registration from another state or has been in this state for more than 30 days but for which a permit has not been issued. Section 33 increases the fine for operating an OHV in violation of road crossing restrictions from $50 to $100. Section 34 increases the fine for operating an OHV without obtaining and displaying an off-highway use permit from $50 to $100. Section 37 increases the fine for unlawful camping from $50 to $100 if the person is camping in an area located in a state park or state recreation area that is not designated for camping and adds a fine in an amount equal to 5 times the cost of a permit for a campsite if the person is camping at a campsite without having obtained a valid permit. Section 38 increases the fine from $50 to $100, with respect to a motor vehicle or vessel on property under the control of the division, for the following activities: Operating or parking outside of designated areas or in excess of posted speed limits; parking in a manner that impedes the normal flow of traffic; leaving a motor vehicle or vessel unattended for more than 24 hours; or operating or parking a motor vehicle without having first purchased a required pass or permit. (Note: This summary applies to this bill as enacted.) Read More
Division of parks and wildlife - licensing of river outfitters - continuation under sunset law. The act implements the recommendation of the department of regulatory agencies' sunset review and report on the licensing of river outfitters by the division of parks and wildlife within the department of natural resources by continuing these functions until September 1, 2028. The act exempts the training of guides, trip leaders, and guide instructors from the authority of the private occupational schools division in the department of higher education. The act requires the parks and wildlife commission, rather than the chief of the Colorado state patrol, to promulgate rules to establish insurance requirements for vehicles used by river outfitters. (Note: This summary applies to this bill as enacted.) Read More
Alcohol beverages - hard cider - exclusion from Colorado Wine Industry Development Act - exemption from excise tax on produce - appropriation. The act: Removes hard cider from the definition of "wine" for purposes of the "Colorado Wine Industry Development Act"; and Exempts produce used in the production of hard cider from the excise tax deposited in the Colorado wine industry development fund. $2,000 is appropriated to the department of revenue from the general fund for tax administration IT system support. (Note: This summary applies to this bill as enacted.) Read More
Retained excess state revenues - public schools, higher education, and roads, bridges, and transit - further allocation. The act is contingent on voters approving a related referred measure to annually retain and spend state revenues in excess of the constitutional spending limit. The act requires 1/3 of this money in the account to be allocated for each of the following purposes: Public schools; Higher education; and Roads, bridges, and transit. The general assembly is required to appropriate the money for public schools and higher education for the state fiscal year after the state retains the revenue under the authority of the voter-approved revenue change. The money appropriated for public schools must be distributed on a per pupil basis and used by public schools only for nonrecurring expenses for the purpose of improving classrooms, and it may not be used as part of a district reserve. The state treasurer is required to transfer the remaining 1/3 of the money to the highway users tax fund (HUTF), and this money is further allocated 60% to the state highway fund, 22% to counties, and 18% to cities and incorporated towns. No more than 85% of the money allocated to the state highway fund may be expended for highway purposes or highway-related capital improvements and at least 15% must be expended for transit purposes or for transit-related capital improvements. (Note: This summary applies to this bill as enacted.) Read More
Forcible entry and detainer - legal aid services - eviction legal defense fund - appropriation. The act creates the eviction legal defense fund (fund). The state court administrator awards grants from the fund to qualifying nonprofit organizations (organizations) that provide legal advice, counseling, and representation for, and on behalf of, indigent clients who are experiencing an eviction or are at immediate risk of an eviction. The act lists permissible uses of grant money awarded from the fund. Organizations that receive a grant from the fund are required to report to the state court administrator certain information about persons served and services provided by the organization. The state court administrator is required to evaluate the use of grants from the fund every 5 years and submit that evaluation to the general assembly. For the 2019-20 state fiscal year, $750,000 is appropriated from the general fund to the eviction legal defense fund created through the act. (Note: This summary applies to this bill as enacted.) Read More
Mobile Home Park Act - enforcement powers of local governments - added protections for mobile home owners - dispute resolution and enforcement program - powers of division of housing. The act provides protections for mobile home owners by: Granting counties and municipalities the power to enact certain ordinances for mobile home parks; Extending the time period between the notice of nonpayment of rent and the termination of any tenancy or other estate at will or lease in a mobile home park; and Extending the time a mobile home owner has to vacate a mobile home park after a court enters an eviction order. The act also creates the "Mobile Home Park Act Dispute Resolution and Enforcement Program" (program). The program authorizes the division of housing in the department of local affairs to: Register mobile home parks; Collect a registration fee from mobile home parks; Collect and annually report upon data related to disputes and violations of the "Mobile Home Park Act"; Produce and distribute educational materials concerning the Mobile Home Park Act and the program; Create and maintain a database of mobile home parks; Create and maintain a database to manage the program; and Take complaints, conduct investigations, make determinations, impose penalties, and participate in administrative dispute resolutions when there are alleged violations of the Mobile Home Park Act. For the 2019-20 state fiscal year, $22,073 is appropriated from cash funds received by the department of local affairs to the department of law and $130,065 is appropriated from cash funds received by the department of local affairs to the office of the governor for use by the office of information technology. (Note: This summary applies to this bill as enacted.) Read More
Concurrent enrollment - transfer of credits - website - concurrent enrollment expansion and innovation grant program - appropriations. The act clarifies the differences between concurrent enrollment, dual enrollment, and other programs that enable a student to earn postsecondary credits while the student is enrolled in high school. Beginning in the 2020-21 school year, each school district, charter school, and public school operated by a board of cooperative services (local education provider) that enrolls students in grades 9 through 12 is required to provide the opportunity for concurrent enrollment. A local education provider cannot unreasonably deny approval for concurrent enrollment or limit the number of postsecondary courses in which a qualified student may enroll unless the local education provider is unable to provide access due to technological capacity. A local education provider may determine the manner in which it provides opportunities for concurrent enrollment. The act clarifies the information that a local education provider must provide to qualified students and their parents concerning concurrent enrollment, the transferability of postsecondary course credits, and the costs that a qualified student or the student's parent may incur by enrolling in a postsecondary course through concurrent enrollment. The act clarifies that a qualified student and the student's parent are not required to pay tuition for concurrent enrollment. The act requires the department of education and the department of higher education to create a concurrent enrollment website to provide information to the public concerning the various types of programs available to enable students to earn postsecondary credits while enrolled in high school. The act creates the concurrent enrollment expansion and innovation grant program (grant program) to provide grants to local education providers to use in starting to offer concurrent enrollment or expanding the availability of concurrent enrollment. The department of education shall administer the grant program, including providing an annual report that explains how the grant money is used, who is enrolling in concurrent enrollment and the types of courses they are enrolling in, and the number and transferability of postsecondary credits earned through concurrent enrollment. The department shall submit the report to the state board of education, the department of higher education, the Colorado commission on higher education, and the education committees of the general assembly. The department shall also post the report to the concurrent enrollment website. The act directs the state board for community colleges and occupational education to provide management and coordination of efforts to implement efforts to maximize participation in concurrent enrollment through the community college system. For the 2019-20 fiscal year, the act appropriates $44,916 from the general fund to the department of education for college and career readiness, $1,500,000 from the marijuana tax cash fund to the department of education for the concurrent enrollment expansion and innovation grant program, and $105,000 from the general fund to the department of higher education for a limited purpose fee-for-service contract with the state board of community colleges and occupational education. (Note: This summary applies to this bill as enacted.) Read More
