Business entities - updates to governing law - appropriation. The act makes the following changes to the "Colorado Business Corporation Act" (CBCA) and conforming changes to the "Colorado Corporations and Associations Act" (CCAA): Deletes definitions in the CCAA that are no longer necessary (section 1); Updates provisions in the CCAA to clarify conversions and mergers of entities and exchanges of owners' interests in entities (sections 2 through 18); Updates provisions in the CCAA addressing the requirements for the name of an entity formed under Colorado law or qualified to do business in Colorado as a foreign entity (sections 19 through 21); Updates provisions in the CCAA regarding court proceedings that may be filed by a dissolved Colorado entity for a determination of the amount and form of security to be provided for payment of claims that are contingent or unknown or that arose from events occurring after dissolution (sections 22 through 24); Adds definitions to and updates definitions in the CBCA (section 25); Reorganizes certain provisions that are optional to include in the articles of incorporation of a Colorado corporation so that they appear in a single location to avoid confusion (section 28); Adds an optional forum selection provision similar to that found in other states and the "Model Business Corporation Act" (section 29); Updates provisions for proxies and treatment for voting purposes of shares held by intermediaries and nominees (sections 31 and 32); Updates provisions for the general standards of conduct for directors and officers and standards of liabilities for directors (section 35); Updates provisions dealing with conflicting interest transactions and corporate opportunities (section 36); Updates provisions dealing with indemnification of directors, officers, employees, fiduciaries, and agents and advancement of expenses (sections 38 through 46); Updates provisions dealing with corporate mergers, conversions, and exchanges by reference to the updated provisions in the CCAA (sections 47 through 55); Repeals and reenacts, with amendments, former article 113 of title 7, Colorado Revised Statutes, relating to dissenters' rights and substitutes provisions to define the procedure to obtain appraisal rights in lieu of dissenters' rights (section 56); and Updates the provisions establishing the grounds and procedures for seeking judicial dissolution and providing for an election by one or more shareholders to purchase shares owned by the petitioning shareholders in lieu of proceeding with judicial dissolution (sections 57 through 60). The act also updates certain provisions of articles 55 and 56 of title 7, Colorado Revised Statutes, regarding various forms of cooperatives, as well as articles 41 (domestic associations organized as savings and loan associations) and 103 (state banks) of title 11, Colorado Revised Statutes, to be consistent with changes made in the CBCA (sections 63 through 65, 68, and 69). $59,360 is appropriated from the department of state cash fund to the department of state to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Sponsored bills
Continuation of 2018 rules of executive agencies - exceptions listed. Based on the findings and recommendations of the committee on legal services, the act extends all state agency rules that were adopted or amended on or after November 1, 2017, and before November 1, 2018, with the exception of the rules specifically listed in the act. Those specified rules will expire as scheduled in the "State Administrative Procedure Act" on May 15, 2019, on the grounds that the rules either conflict with statute or lack or exceed statutory authority.(Note: This summary applies to this bill as enacted.) Read More
The bill directs the Colorado commission on criminal and juvenile justice to study using juvenile justice services and systems for adults 18 through 24 years of age ( young adults). The task force shall: Compile data regarding all criminal filings in the state from the last 3 years that data is available in which a defendant is 18 through 24 years of age; Study the established brain research for young adults, study the data collected, study the potential impacts on the division of youth services and youthful offender system if they also served young adults, and make recommendations to the general assembly regarding appropriate uses of the juvenile justice system for young adults; and Create a report of the collected data and recommendations for the judiciary committees of the house of representatives and senate by June 30, 2020.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Under current law, if a defendant is arrested for certain crimes and the court determines that the public would be in significant peril if the accused is released, the defendant is not bailable. The bill removes from the list of crimes that are not bailable the crime of possession of a weapon by a previous offender and sex assault crimes. The bill requires each judicial district to develop: A pretrial screening process; and A chief judge administrative order specifying written criteria for the immediate release of certain defendants without any monetary conditions. The office of the state court administrator shall develop statewide standards and guidelines for the pretrial screening process and written criteria for immediate release of certain defendants without any monetary conditions. The bill creates a presumption that a defendant should be released with the least restrictive conditions possible and without monetary conditions unless the court finds one or more of the following: The person poses a substantial risk of danger to the safety of any person or the community; or There is a substantial risk that the person will attempt to flee prosecution; or There is a substantial risk that the person will attempt to obstruct or otherwise wilfully avoid the criminal process; and There are no reasonable nonmonetary conditions of release that reasonably assure: The safety of any person or the community; That the person will not attempt to flee prosecution; or That the person will not attempt to obstruct or otherwise wilfully avoid the criminal justice process. The bill requires the court to consider the results of empirically developed and validated risk assessment instruction when making determinations about the type of bond and conditions of release, but the assessment cannot be the sole basis for the decision. The bill outlines the other factors to consider in selecting the type of bond and conditions of release. The bill delineates the types of bond that a court can set: An unsecured personal recognizance bond, which may include an amount specified by the court; An unsecured personal recognizance bond with additional nonmonetary conditions of release designed specifically to reasonably ensure the appearance of the person in court and the safety of any person or persons or the community; A bond with secured monetary conditions; and A bond with secured real estate conditions when the court determined that release on an unsecured personal recognizance bond without monetary conditions will not reasonably ensure the appearance of the person in court or the safety of any person or persons or the community. The bill requires all counties and cities and counties to develop a pretrial services program by July 1, 2020. A community advisory board is established in each county or city and county to develop the plan for the pretrial services program. The chief judge shall approve the plan developed by the community advisory board prior to implementing and starting the pretrial services program. The bill prohibits for-profit entities from operating a pretrial services program and requires any entity operating a pretrial services program to be conflict free. The bill creates a funding program to allow judicial districts to develop and sustain pretrial programs. If a county is unable to operate a pretrial services program, the county shall file a statement of inability to comply with the state court administrator, which must outline, in detail, the reasons why the county is unable to provide a pretrial services program. The office of the state court administrator shall develop minimum standards for pretrial services programs, and the bill specifies other criteria for pretrial services programs. The bill requires the state court administrator to review and approve an empirically developed and validated risk assessment instrument to be used by pretrial services programs. The bill specifies how a defendant, prosecuting attorney, or bonding and release commissioner can ask for a review and modification of bond. The bill appropriates $440,493 from the general fund to the judicial department, of which, $330,253 goes to general court administration and $110, 240 goes to information technology services. The bill appropriates $39,813 to division of criminal justice in the department of public safety for administrative services. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill requires the executive director of the department of personnel or his or her designee, in coordination with the executive director of the department of labor and employment or his or her designee, to convene a prevailing wage working group to meet during the interim following the first regular session of the seventy-second general assembly to determine the most efficient and appropriate manner in which to implement a prevailing wage requirement for state contracts. The bill specifies the aspects of a potential prevailing wage requirement that the working group is required to consider. The prevailing wage working group is required to solicit input from subject matter experts during the course of its work and is required to submit to the general assembly its recommendations for the most efficient and appropriate manner in which to implement a prevailing wage requirement for state contracts. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Defendant pretrial release - no monetary bond for low level offenses. Under current law, the court is required to release a person charged with a class 3 misdemeanor, petty offense, or unclassified offense on a personal recognizance bond unless certain conditions exist. The act removes petty offenses from that requirement. The act prohibits a court from imposing a monetary condition of release for a defendant charged with a traffic offense, petty offense, or comparable municipal offense, except for a traffic offense involving death or bodily injury, eluding a police officer, circumventing an interlock device, or a municipal offense with substantially similar elements to a state misdemeanor offense. The act does not prohibit a defendant's release based on a pretrial policy that includes monetary conditions if the defendant is informed that he or she would be released without monetary conditions if he or she waits for a bond hearing. The act does not prohibit issuance of a warrant with monetary conditions of bond for a defendant who fails to appear in court as required or who violates a condition of release.(Note: This summary applies to this bill as enacted.) Read More
Child welfare caseworkers - prohibition on posting caseworkers' personal information on the internet if threat to caseworker - removing caseworkers' personal information in government records if threat to caseworker. The act defines caseworker (caseworker) to include a state or county employee and county attorney who is engaged in investigating or taking legal action regarding allegations of child abuse or neglect. The act makes it unlawful for a person to knowingly make available on the internet personal information of a caseworker or a caseworker's family if the dissemination of the personal information poses an imminent and serious threat to the safety of the caseworker or the caseworker's family and the person disseminating the information knew or should have known of the imminent and serious threat. Violation of the provision is a class 1 misdemeanor. A state or local government official (official) shall remove the personal information of the caseworker or the caseworker's immediate family contained in records that the official makes available on the internet if the caseworker submits a request with an affidavit asserting under penalty of perjury that the dissemination of the personal information poses an imminent and serious threat to the caseworker or the caseworker's immediate family. The official is also required to deny a request for inspection under the "Colorado Open Records Act" for personal information contained in those same records. (Note: This summary applies to this bill as enacted.) Read More
Current law prohibits cruelty to certain animals, including a certified police working horse. However, there is no certification process for police working horses. The bill clarifies this by removing the term "certified" from the definition of police working horse and revises the definition accordingly. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
District court judges - increases - outreach position - reports - appropriation. The act increases by one the number of district court judges in the first, eighth, tenth, thirteenth, seventeenth, eighteenth, and twenty-first judicial districts; by 2 in the fourth and nineteenth judicial districts; and by 4 in the second judicial district. The act creates a new position in the judicial department for outreach and education of judicial positions. The position provides reports to the chief justice and the judiciary committees of the senate and the house of representatives, or any successor committees, concerning the background, professional history, and qualifications of judicial officers. The act also requires the state court administrator to annually report to specified committees of the general assembly specified case management statistics. The act appropriates $7,417,731 to the judicial department to implement the increased number of judges and the new position. (Note: This summary applies to this bill as enacted.) Read More
Protective services - access to records - information sharing between APS and CPS. The act allows adult protective services (APS) to access child abuse or neglect records and reports when the information is necessary for APS to adequately assess the safety, risk, or provision of services for an at-risk adult. The act prohibits a substantiated perpetrator from receiving any identifying information about the person who made a report of the mistreatment or self-neglect of an at-risk adult. The act allows any person named as an at-risk adult in a report, or the person's guardian or guardian ad litem, to access the report without a court order. The disclosure must not include any identifying information about the person who made the report. The act requires a court order if the substantiated perpetrator is the guardian of the at-risk adult. The act allows child protective services (CPS) to access information about mistreatment or self-neglect of an at-risk adult, without a court order, when the information is necessary for CPS to adequately assess the safety, risk, or provision of services for a child. The act limits the disclosure of information shared from APS and CPS to information regarding prior or current referrals, assessments, investigations, or related case information involving an at-risk adult and an alleged perpetrator. (Note: This summary applies to this bill as enacted.) Read More