Under current law, a retired member of the judicial division may perform assigned judicial duties without pay for not less than 60 or 90 days each year. Such a member of the judicial division will receive a benefit increase equal to not less than 20% or more than 30% of the current monthly salary of judges serving in the same position held by the retiree at the time of retirement.The act changes the amount of time that a retired member of the judicial division may perform assigned judicial duties without pay and the amount of a benefit increase such a judge will receive. The act specifies that a retired member of the judicial division may perform assigned judicial duties without pay for 10, 20, 30, 60, or 90 days each year and will receive a benefit increase equal to 3.3%, 6.7%, 10%, 20%, or 30% respectively of the current monthly salary of judges serving in the same position held by the retiree at the time of retirement.Additionally, under current law, within 5 years after retirement, a retired member of the judicial division who did not enter into an agreement prior to retirement to perform assigned judicial duties without pay during retirement may enter into such a written agreement within 30 days prior to each anniversary date of retirement. The act removes this requirement.The act also states that the following retirees from the judicial division are not eligible to perform the assigned judicial duties described above:Retirees who received "a does not meet performance standards" or "do not retain" recommendation in their last judicial performance evaluation before retirement, either published or unpublished; Retirees who received a disciplinary disposition from the commission on judicial discipline or private admonishment, private reprimand, private censure, public reprimand, public censure, suspension, or removal; and Retirees who, during or after their term in office, received private or public discipline from the office of the presiding disciplinary judge.(Note: This summary applies to this bill as enacted.)
Sponsored bills
The act allows an adult with a disability (adult) to voluntarily enter into a supported decision-making agreement (agreement) with one or more members of the supportive community. Under the agreement, the adult may request the member of the supportive community to do any of the following:Provide supported decision-making, including assistance in understanding the options, responsibilities, and consequences of the adult's life decisions, without making those decisions on behalf of the adult; Assist the adult in accessing, collecting, obtaining, and understanding information that is relevant to a given life decision from any person; and Assist the adult in communicating the adult's decisions to appropriate persons when expressly authorized by the adult. The agreement may be in any form but is only valid if it contains certain information and is voluntarily signed by the adult and each member of the supportive community in the presence of 2 or more attesting and disinterested witnesses who are 18 years of age or older, or a notary public.The act requires any person who receives the original or a copy of the agreement to rely on the agreement. A person is not subject to criminal and civil liability and does not engage in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on an agreement.(Note: This summary applies to this bill as enacted.)
The act addresses multiple recommendations from the Colorado behavioral health task force (task force), created in 2019, related to the creation of a behavioral health administration (BHA). The BHA would be a single state agency to lead, promote, and administer the state's behavioral health priorities.The act requires the department of human services (department) to submit a plan for the creation of the BHA on or before November 1, 2021, to the joint budget committee and to the department's committees of reference. The act outlines what the plan must, at a minimum, include. The essential duties of the BHA, once established, are set forth.A timeline is described for the establishment of the BHA in the department and for a future determination of the state department in which the BHA will exist, if different than the department of human services.(Note: This summary applies to this bill as enacted.)
The act expands the community transition specialist program (program) by redefining "high-risk individual" to allow more individuals to access program services. The act also expands facilities that can access program services.(Note: This summary applies to this bill as enacted.)
In 2013, the general assembly enacted SB13-030, which required, in part, that the office of legislative legal services provide written notice of rules adopted as a result of specific legislation enacted on or after January 1, 2013, to:The prime sponsors of the legislation if still serving in the general assembly; The cosponsors of the legislation if still serving in the general assembly; and The applicable committees of reference in the senate and house of representatives for the legislation. The act removes the requirement to notify cosponsors of the legislation and limits the notification period to up to 8 years after the legislation was enacted.(Note: This summary applies to this bill as enacted.)
The act enacts the softbound volumes of the Colorado Revised Statutes 2020, the 2020 Colorado Special Supplement of Voter Approved Changes, and the 2020 Colorado Special Session Supplement 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 requires a wind energy developer or owner to notify the United States department of defense military aviation and installation assurance siting clearinghouse (clearinghouse) of the new construction or expansion of a wind energy facility if the proposed project would include vertical construction exceeding 200 feet in height. Upon receiving notification of a proposed project, the clearinghouse is requested to review the proposed project to determine whether it would have an adverse impact to military mission, training, or operations and to notify the wind energy developer of its determination in writing within 90 days after receiving the notice. If the clearinghouse determines the proposed project will have no adverse impact, the proposed project may proceed. If the clearinghouse determines that the proposed project will have an adverse impact, the proposed project may proceed only if the wind energy developer or owner commits to resolving the adverse impact through the implementation of mitigation measures that the clearinghouse identifies in its determination. A wind energy developer or owner shall not construct a new wind energy facility or expand an existing wind energy facility in a manner that includes any vertical construction in excess of 50 feet in height if the wind energy facility is located within 2 nautical miles of an active federal military missile launch or control facility. (Note: This summary applies to this bill as introduced.)
Colorado Commission on Uniform State Laws. The bill enacts the "Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act" as recommended by the national conference of commissioners on uniform state laws. The bill allows a peace officer to enforce a Canadian domestic violence protection order. The bill allows a court to enter an order enforcing or refusing to enforce a Canadian domestic violence protection order. The bill provides immunity for a person who enforces a Canadian domestic violence protection order.(Note: This summary applies to this bill as introduced.)
Colorado Commission on Uniform State Laws. The bill enacts the "Uniform Easement Relocation Act", drafted by the Uniform Law Commission. The bill sets procedures to relocate an easement established by express grant, reservation, prescription, implication, necessity, estoppel, or other method, but the procedures may not be used to relocate a public utility easement, conservation easement, or negative easement. To relocate an easement, the relocation must not: Encroach on an area of an estate burdened by a conservation easement or interfere with the use or enjoyment of a public utility easement or an easement appurtenant to a conservation easement; Lessen the utility of the easement; After the relocation, increase the burden in the reasonable use and enjoyment of the easement; Impair the purpose for which the easement was created; During or after the relocation, impair the safety of the use and enjoyment of the easement; During the relocation, disrupt the use and enjoyment of the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption; Impair the physical condition, use, or value of or improvements on the dominant estate; or Impair the value of the collateral of a security-interest holder in the servient estate or dominant estate, impair a real property interest of a lessee in the dominant estate, or impair a real property interest of any other person in the servient estate or dominant estate. To obtain an order to relocate an easement, a servient estate owner must commence a civil action and serve a summons and petition on: The easement holder; A security-interest holder in the servient estate or dominant estate; A lessee of the dominant estate; and Any other owner of a real property interest if the relocation would encroach on an area of the servient estate or dominant estate burdened by the interest. Service of a summons and petition is not required for the owner of real property interest in oil, gas, or minerals unless the interest includes an easement to facilitate oil, gas, or mineral development. The petition must state: The intent of the servient estate owner to seek the relocation; The nature, extent, and anticipated dates of commencement and completion of the relocation; The current and proposed locations of the easement; The reason the easement is eligible for relocation under the bill; The reason the proposed relocation satisfies the conditions for relocation under the bill; and That the servient estate owner has made a reasonable attempt to notify the holders of any public utility easement, conservation easement, or negative easement on the servient estate or dominant estate of the proposed relocation. At any time before the court renders a final order in the action, a person who was served may file a document to waive its rights to contest or obtain relief in connection with the relocation or subordinate its interests to the relocation. On filing of the document, the court may order that the person need not answer or participate further in the action. A court order approving relocation of an easement must: State that the order is issued in accordance with the bill; Identify the immediately preceding location of the easement; Describe the new location of the easement; Describe the mitigation required during relocation; Refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location; Specify conditions to be satisfied to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location; Include a provision for payment of expenses required by the bill; Include a provision requiring the parties to the civil action to act in good faith; and Instruct the servient estate owner to record an affidavit, if required by the bill, when the servient estate owner substantially completes relocation. Before a servient estate owner proceeds with relocation of an easement, the owner must record, in the appropriate land records, a certified copy of the order. The servient estate owner is responsible for reasonable expenses of relocation of an easement. Each party to the civil action is obligated to act in good faith. If an order requires building an improvement to relocate an easement, relocation is substantially complete, and the easement holder is able to use the moved easement, the servient estate owner is required to: Record, in the appropriate land records, an affidavit certifying that the easement has been relocated; and Send, by certified mail, a copy of the recorded affidavit to the easement holder and parties to the civil action. Until the affidavit is recorded and sent to the parties, the easement holder may use the easement in the current location, subject to any court's order approving relocation. If a court order does not require building an improvement, recording of the order constitutes relocation. The bill clarifies that relocation of an easement: Is not a new transfer or a new grant of a property interest; Is not a breach of a security instrument, except as otherwise determined by a court; Is not a breach of a lease, except as otherwise determined by a court; Is not a breach by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court; Does not affect the priority of the easement with respect to other recorded real property interests burdening the area of the servient estate; and Is not a fraudulent conveyance or voidable transaction under law. A servient estate owner may not waive the right to relocate an easement. The bill should be interpreted in such a way as to promote uniformity among the states. The bill supersedes the federal "Electronic Signatures in Global and National Commerce Act" except for consumer disclosures. The changes apply to easements created before, on, or after the bill takes effect. (Note: This summary applies to this bill as introduced.)
The bill requires that a state agency, in issuing an emergency public health order, comply with the procedural requirements set forth in the "State Administrative Procedure Act" (APA) that apply to emergency rules. To extend an emergency public health order beyond the 120-day limit that applies to emergency rules, the agency must comply with the rule-making procedures regarding notice and a hearing, as set forth in the APA.(Note: This summary applies to this bill as introduced.)