Sunset Process - Senate Judiciary Committee. The bill extends the domestic violence offender management board (board) until September 1, 2022. In addition, the bill: Changes the appointment authority for 5 members of the board from the executive director of the department of regulatory agencies (DORA) to the executive director of the department of public safety (director); Changes the qualifications for 5 members of the board to require all to have experience in the field of domestic violence, at least 3 members to be licensed mental health professionals, and at least 3 to be on the list of approved providers published by the board; Requires the director to consult with a statewide organization of criminal defense attorneys prior to appointing the private defense attorney to the board; Repeals language concerning staggered terms for members of the initial board; Authorizes the board to elect a presiding officer rather than having the director appoint the presiding officer; Changes the responsibility for the review of providers' applications and review of mandatory continuing education course requirements from DORA to the board; and Makes the board solely responsible for publishing the list of approved providers and relieves DORA from this responsibility.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sponsored bills
Current law allows an accredited hospital, a prescription drug outlet operated by a health maintenance organization, and the state department of corrections to distribute compounded and prepackaged medications, without limitation, to pharmacies under common ownership of the entity. The bill allows these entities to distribute such medications to other outlets under common ownership of each entity as well. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates provisions that remove the requirements for the department of human services to receive, detain, or provide care for any juvenile who is 10 years of age and older but less than 13 years of age, unless the juvenile has been arrested or adjudicated for a felony or a weapons charge that is a misdemeanor or felony. Provisions remain in statute for other programs and services for the age group that will no longer require placement of the juvenile in a detention facility. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committee on Legal Services - Revisor's Bill. To improve the clarity and certainty of the statutes, the bill amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative. The specific reasons for each amendment or repeal are set forth in the appendix to the bill. The amendments made by the bill are not intended to change the meaning or intent of the statutes, as amended.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12, Colorado Revised Statutes, which relates to professions and occupations. To implement the initial recommendations of the study, the bill relocates the laws related to debt management and collection services from articles 14, 14.1, 14.3, and 14.5 of title 12. Specifically: Section 1 of the bill relocates the 'Colorado Fair Debt Collection Practices Act' to a new article 16 in title 5; Section 2 of the bill relocates the 'Colorado Child Support Collection Consumer Protection Act' to a new article 17 in title 5; Section 3 of the bill relocates the 'Colorado Consumer Credit Reporting Act' to a new article 18 in title 5; Section 4 of the bill relocates the 'Colorado Credit Services Organization Act' and the 'Uniform Debt-Management Services Act' to a new article 19 in title 5; Sections 5 through 24 of the bill make conforming amendments; and Section 25 of the bill repeals articles 14, 14.1, 14.3, and 14.5 of title 12.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committee on Legal Services. Currently, statute requires that any contract the state enters into to publish or print the Colorado Revised Statutes must specify that the paper used meets certain standards established by the national standards institute for permanent paper for printed library materials. However, that standard is outdated and no longer used in the industry. The bill updates the statutory reference to the current applicable alkaline minimum reserve requirements and acidity levels for uncoated paper as established by the American national standards institute and the national information standards organization. The change will not affect the current publications contract; however, it will apply to future contracts and extensions of contracts.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, there is limited access to juvenile delinquency records. The bill restricts that access by making certain records public only after a court orders that a child be charged as an adult, consistent with recent changes to the direct file statute, and by eliminating the requirement that the prosecuting attorney notify the school principal of minor offenses. The bill also ensures that the juvenile and his or her attorney can access the juvenile's records, and that juvenile record information is available to agencies that require the information for research purposes, with protections against the disclosure of identifying information. Under current law, a juvenile or someone on the juvenile's behalf must petition, after an applicable waiting period of one to 5 years, for expungement. The bill requires the court to automatically expunge records in certain situations. In some situations, the juvenile must still petition for expungement. Records will be expunged immediately upon: A finding of not guilty at an adjudicatory trial; Dismissal of the entire case; or The completion of a juvenile sentence for a petty offense, drug petty offense, a class 2 or class 3 misdemeanor, or a level 1 or level 2 drug misdemeanor that is not a sex offense, does not involve domestic violence, or is not a crime that requires victim notification. Records will be eligible for expungement upon the completion of a juvenile sentence when the juvenile has a class 1 misdemeanor or a misdemeanor involving domestic violence; or a misdemeanor offense involving unlawful sexual contact; or the dismissal after completion of juvenile diversion, a deferred adjudication, or an informal adjustment; or the adjudication of a first-time felony and the adjudicated felony is not a crime of violence, is not an offense involving unlawful sexual behavior, and is not a class 1 or class 2 felony. The court sends a notice to the prosecuting attorney that the records are eligible for expungement. The prosecuting attorney shall notify the victim, and the victim and the prosecuting attorney have the right to object to the expungement. If there is no objection, the court enters an expungement order. If there is an objection, the court holds a hearing to determine if the juvenile is sufficiently rehabilitated and whether expungement is in the best interest of the juvenile and the community. Records will be eligible for expungement upon the completion of a juvenile sentence for a municipal offense 42 days after the completion of the municipal sentence. The court shall send notice to the prosecuting attorney regarding the expungement and if the prosecuting attorney files an objection within 42 days, the court shall hold a hearing. If there is no objection, the court enters an expungement order. If there is an objection, the court holds a hearing to determine if the juvenile has successfully completed the sentence and the case is closed . A person who is adjudicated as a repeat or mandatory offender, violent juvenile offender, or aggravated juvenile offender; adjudicated for homicide or vehicular homicide as a juvenile offender; or adjudicated for a felony offense involving unlawful sexual behavior is not eligible for expungement. The bill requires written notice of the right to expungement and of the expungement process to the juvenile. A prosecuting attorney cannot require as a condition of a plea agreement that the juvenile waive his or her right to expungement. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes, which relates to professions and occupations. To implement the initial recommendations of the study, Section 1 of the bill relocates the statutes governing commercial driving schools to part 6 of article 2 of title 42. Sections 2 and 3 update the citations of other statutes to harmonize with the new locations. Section 4 repeals the moved statutes.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The 'Colorado Regional Tourism Act' includes a process by which one or more local governments may undertake a regional tourism project (project), create a regional tourism zone in which the project will be built, and create a regional tourism authority to use tax increment financing based on state sales tax revenue to finance eligible improvements related to the project. Currently, once a project has been approved, there is not a process to allow a local government to request and the Colorado economic development commission (commission) to approve a modification to the components of the project. The bill allows a local government that is a participant in an approved project to apply to the commission to modify the project if the local government determines that a planned project component is no longer viable or that the new component will increase the number of out-of-state tourists visiting the project or net new revenue generated by the project. A local government must submit an application to modify an approved project to the Colorado office of economic development (office) for initial review prior to the commencement of substantial work on the project component that will be replaced. The local government is required to include certain information in the proposal but is not required to provide any information that was in the original application and that remains unchanged. The application must include an economic analysis that details whether the modified project meets the requirements specified in law and in guidelines established by the office. The office is required to review and forward an application for a modification of a project to the commission with a recommendation that the commission approve the application, deny it, or approve it with conditions. The commission is required approve the application unless the modified project no longer meets the criteria for a project established in law. The commission may amend its original award, including the percentage of sales tax increment that is awarded and the total cumulative dollar amount to be awarded if specifically impacted by the new component, but may not increase the total cumulative dollar amount of the award beyond that which was previously awarded. If the application for a modification is approved, the commission is required to modify the resolution it adopted when it approved the original application as necessary to conform the resolution to the modified project. (Note: This summary applies to this bill as introduced.)