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, 2020, and before November 1, 2021. (Note: This summary applies to this bill as enacted.)
Under the "Fair Campaign Practices Act" ("FCPA"), the candidate committees of candidates for statewide offices must submit a post-election report disclosing contributions and expenditures 30 days after the major election in election years. The committees of candidates for county, special district, and municipal offices must submit a post-election report 30 days after the primary election, where applicable, and 30 days after the major election in election years. Under the public official disclosure law ("PODL"), elected candidates and incumbents are required to file a personal financial disclosure statement and an annual update to the personal financial disclosure statement. Under the FCPA, candidates are required to file a disclosure statement. The act changes the post-election report filing deadline from 30 days to 35 days and exempts a political party committee from the requirement of filing a report of a major contribution during an off-election year. The act exempts candidates seeking reelection who have filed their annual update to the personal financial disclosure statement under the PODL from the requirement of filing a disclosure statement under the FCPA. The act further clarifies that an incumbent seeking reelection who files an annual update to the personal financial disclosure statement under the PODL is exempt from the requirement of filing a disclosure statement under the FCPA. (Note: This summary applies to this bill as enacted.)
Current law requires the appointment of a guardian ad litem for children or youth in dependency and neglect cases. The act requires that client-directed counsel for youth be appointed for children or youth 12 years of age or older to provide specialized client-directed legal representation. The act prohibits the waiver of a child's or youth's right to counsel in dependency and neglect proceedings. The act also allows a child or youth to be a party in a dependency and neglect proceeding. For a child or youth 12 years of age or older with diminished capacity, a guardian ad litem shall remain in the role and separate counsel for the child or youth must be appointed. (Note: This summary applies to this bill as enacted.)
The bill clarifies the meaning of terms related to landowner liability and declares that the Colorado court of appeals and supreme court decisions in Rocky Mountain Planned Parenthood, Inc. v. Wagner should not be relied upon to the extent that those decisions determined: The foreseeability of third-party criminal conduct based upon whether the goods or services offered by a landowner are controversial; and That a landowner could be held liable as a substantial factor in causing harm without considering whether a third-party criminal act was the predominant cause of that harm.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
During the 2021 session, the general assembly created a civil infraction as penalty for violations of the law that do not rise to criminal conduct and included procedures for civil infractions. The act repeals those provisions and replaces them with new procedures for handling civil infractions. The act makes conforming amendments related to civil infractions. The act makes clean-up changes to other provisions to conform to changes made to criminal sentencing provisions during the 2021 session. (Note: This summary applies to this bill as enacted.)
The act implements the recommendation of the department of regulatory agencies' sunset review and report concerning the committee on juvenile justice reform by repealing the committee. The act requires the committee to complete all its tasks before the repeal of the committee on December 31, 2022. (Note: This summary applies to this bill as enacted.)
Under current law, it is a class 2 misdemeanor to practice the following professions without an active license, registration, or certification: Professional engineering, architecture, audiology, dentistry, direct-entry midwifery, medicine, physician assistant, anesthesiologist assistant, professional nursing, nursing home administration, optometry, pharmacy, pharmacy technician, and respiratory therapy. The act makes it a class 6 felony to practice any of these professions intentionally without a license, registration, or certification and fraudulently representing that the person has a license, certification, or registration. The act states the purposes of probation are to: Serve as a sentencing option and a response to crime in order to moderate and deter future criminal behavior and victimization; Support persons in behavior change through the coordination and provision of effective and individualized services which may include, but are not limited to, educational, therapeutic, restorative, and skill-building services; Hold persons accountable for their behavior through supervision and interventions that promote reparation of harm to the community and victims, which reparation includes, but is not limited to, restitution to victims; Serve as a cost-effective option for persons appropriate for community supervision; and Honor the statutory and constitutional rights of victims of crime. The act requires a probation officer to issue a summons when a probationer has allegedly violated a condition of probation or the officer is seeking probation revocation, with some exceptions. The act requires the state court administrator to develop a system of structured and individualized behavior responses to guide probation officers in determining how best to respond to probation violations. Under current law, when a parolee has a technical violation of parole, a brief period of confinement in a county jail may be imposed as a sanction. The act allows that confinement to also be served in a department of corrections facility. The act specifies that for a theft that involves public benefits, the value of the benefits involved for purposes of determining the level of the offense is calculated by the difference between the value of the benefits received and the value of benefits the recipient was eligible for. Under current law, it is illegal for someone to possess a firearm if the person was convicted of or adjudicated for a victim's right act crime that is a felony. The act adds more felony offenses to the convictions that prohibit a person from possessing a firearm. Under current law, it is illegal for someone to possess a firearm if the person was previously adjudicated for a victim's right act crime that is a felony offense. The act allows a person in that situation who has good cause for possessing a firearm to petition the court for an order determining that the crime does not apply to the person. The act appropriates $53,390 to the judicial department from the general fund and authorizes 0.7 FTE for probation programs. (Note: This summary applies to this bill as enacted.)
The act forbids anyone selling or renting a dwelling from discriminating against an individual based on their veteran or military status. The act forbids anyone from refusing to negotiate for housing with an individual on the basis of their veteran or military status or otherwise denying or withholding housing on the basis of an individual's veteran or military status. For purposes of the act, an individual who was dishonorably discharged from military service does not have veteran or military status. The act allows inquiries regarding an individual's veteran or military status to the extent necessary to determine if the individual is eligible for a benefit offered to veterans or members of the military. The act also permits the advertisement of veteran or military housing or any other veteran or military housing benefit. The act permits adherence to federal regulations governing veterans affairs benefits. (Note: This summary applies to this bill as enacted.)
The act adds court reporters to the list of professionals who may administer oaths or affirmations. (Note: This summary applies to this bill as enacted.)
