The act describes how property passes when a decedent dies without a will (intestate) and the estate or any part of the estate does not pass to a surviving spouse or designated beneficiary pursuant to existing law. In that situation, the portion of the estate passing through intestate succession is distributed as follows: If the decedent is survived by one or more descendants, the portion of the estate passes to the decedent's surviving descendants per capita at each generation; If the decedent is not survived by a descendant but is survived by one or more parents, the portion of the estate is divided into as many equal shares as there are surviving parents and deceased parents with one or more descendants. One share passes to each surviving parent, and the balance passes per capita at each generation to the surviving descendants of the decedent's deceased parents. If the decedent is not survived by a descendant or parent but is survived by one or more descendants of a parent, the portion of the estate passes per capita at each generation to the surviving descendants of the decedent's deceased parents; or If a decedent is not survived by a descendant, parent, or descendant of a parent but is survived by one or more grandparents, the portion of the estate is divided into as many equal shares as there are surviving grandparents and deceased grandparents with one or more surviving descendants. One share passes to each surviving grandparent, and the balance passes per capita at each generation to the surviving descendants of the decedent's deceased grandparents. The act clarifies how the estate passes to surviving descendants of a deceased parent or grandparent. The act replaces outdated terminology in the "Colorado Probate Code" with modern language, including replacing gender-specific language. (Note: This summary applies to this bill as enacted.)
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The bill allows a holder of a vintner's restaurant license to sell and deliver wine by common carrier or by the licensee to a personal consumer located in Colorado if certain conditions are met. (Note: This summary applies to this bill as introduced.)
The act directs the committee on legal services (committee) to adopt its own rules of procedure. The act authorizes the committee to approve questions concerning retention of legal counsel by poll of the committee in lieu of a meeting, unless a committee member objects. If the committee approves retention of counsel by poll, the committee must give public notice of the vote to retain counsel, including the name of the legal counsel to be retained, the legal matter for which the legal counsel will provide representation, and the entity or individual that the legal counsel will represent. (Note: This summary applies to this bill as enacted.)
Under current law, there is a single sex offender management board that sets standards for sex offender treatment and approves sex offender treatment providers (treatment providers), among other things. The bill creates 2 boards, one for adult sex offenders and one for juvenile sex offenders. Under current law, a sex offender is given the choice of 2 treatment providers. The bill allows a sex offender access to the list of all treatment providers to choose from, with some restrictions. The bill gives prosecutors discretion to permit a sex offender evaluation to be dispensed with if it is only triggered by sexual offense history. The bill directs the department of corrections (department) to identify all inmates who are required to undergo sex-offense treatment, are eligible to receive sex-offense treatment, and have not been provided with the opportunity to undergo sex-offense treatment while incarcerated. The department shall provide this data to the adult sex offender management board prior to August 31, 2022. The division of parole in the department and the adult sex offender management board shall meet and develop solutions to address the needs of treatment for offenders incarcerated in the department. The adult sex offender management board shall present findings to the division of criminal justice in the department of public safety prior to January 1, 2023. The bill requires the boards to create a joint application review subcommittee to serve each board for the application and review process of treatment providers, evaluators, and polygraph examiners. The bill requires the boards to maintain a record of any denial or removal from the list of approved treatment providers or other sanctions due to a provider's criminal history. The bill requires the adult sex offender management board to conduct a reoffense research project to collect and analyze data related to rearrest and reconviction rates for sex offenders. (Note: This summary applies to this bill as introduced.)
Colorado Commission on Uniform State Laws. In 2014, the Uniform Law Commission approved a set of amendments to the "Colorado Uniform Fraudulent Transfer Act". The bill enacts those amendments. The principal features of the amendments are: Title change. The title of the act is changed to the "Colorado Uniform Voidable Transactions Act" (act). Choice of law. A new provision sets forth a choice of law rule applicable to claims for relief of the nature governed by the act. Evidentiary matters. New provisions add uniform rules allocating the burden of proof and defining the standard of proof with respect to claims for relief and defenses under the act. Deletion of the special definition of "insolvency" for partnerships. The act as originally written set forth a special definition of "insolvency" applicable to partnerships. The amendments delete the original language, with the result that the general definition of insolvency now applies to partnerships. Defenses. Defenses available to a transferee or obligee are refined as follows: As originally written, the act created a complete defense to an action for a fraudulent transfer (which renders voidable a transfer made or obligation incurred with actual intent to hinder, delay, or defraud any creditor of the debtor) if the transferee or obligee takes the transfer in good faith and for a reasonably equivalent value. The amendments add to the act the further requirement that the reasonably equivalent value must be given to the debtor. The act created, in a provision derived from the federal "Bankruptcy Code", a defense for a subsequent transferee (that is, a transferee other than the first transferee) that takes a transfer in good faith and for value, and for any subsequent good-faith transferee from a person. The amendments clarify the meaning of the defense by rewording it to follow more closely the wording of the federal "Bankruptcy Code", which is substantially unchanged as of 2014. Among other things, the amendments make clear that the defense applies to recovery of or from the transferred property or its proceeds, by levy or otherwise, as well as to an action for a money judgment. The act as originally written created a defense to an action for a fraudulent transfer or to avoid a transfer if the transfer results from enforcement of a security interest in compliance with the secured transactions provisions of the "Uniform Commercial Code". The amendments exclude from that defense acceptance of collateral in full or partial satisfaction of the obligation it secures (a remedy sometimes referred to as "strict foreclosure"). Medium neutrality. In order to accommodate modern technology, the references in the act to a "writing" have been replaced with "record" and related changes are made. Style. The amendments make a number of stylistic changes that are not intended to change the meaning of the act, including retitling of the act.(Note: This summary applies to this bill as introduced.)
The act enacts the softbound volumes of the Colorado Revised Statutes 2021 as the positive and statutory law of the state of Colorado and establishes the effective date of said publication. (Note: This summary applies to this bill as enacted.)
The bill prohibits every public employee and every employee organization from directly or indirectly inducing, instigating, encouraging, authorizing, ratifying, or participating in picketing, a strike, work stoppage, or work slowdown (prohibited action) against any public employer and prohibits a public employer from consenting to or condoning a prohibited action. In the event of a prohibited action by a public employee or the imminent threat of a prohibited action, the bill authorizes a public employer to seek an injunction from the district court. If the court finds that a prohibited action has occurred or unless enjoined will occur, the bill directs the court to enjoin the continuance or the commencement of the prohibited action. The bill also specifies that the court will hold a public employee or an employee organization that fails to comply with the injunction in contempt of court and specifies the punishments for public employees or employee organizations found to be in contempt of court. (Note: This summary applies to this bill as introduced.)