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
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The United States Supreme Court, on June 21, 2018, decided South Dakota v. Wayfair, Inc., et al. , overruling 2 previous United States Supreme Court cases that stood for the rule that a state could not require an out-of-state retailer to collect sales tax if the retailer lacked physical presence in the state. Because of the Wayfair decision, states can require retailers without physical presence in the state to collect sales tax on purchases made by in-state customers so long as the sales tax system in the state is not too burdensome for the out-of-state retailer. The bill simplifies the state sales tax system for retailers without physical presence by: Not requiring retailers without physical presence that only transact limited business in Colorado to collect sales tax; Specifying that only the state's sales tax base, not a local sales tax base, will apply to all sales made by retailers without physical presence; Requiring that the department of revenue (department) be responsible for all state and local sales tax administration and return processing, including the establishment of a single form for returns; Specifying that a central audit bureau is the sole entity within the state that is responsible for auditing retailers without physical presence and specifying that the central audit bureau be developed by the department in coordination with local taxing jurisdictions; Establishing that sales are taxed based on where the goods are delivered (destination sourcing) for all sales made by retailers without physical presence in the state, including local taxing jurisdictions, but specifying that destination sourcing is not required for sales made by Colorado retailers; Requiring the department to provide information to retailers without physical presence that indicates the taxability of products and services along with any product and service exemptions from sales tax in the state; Requiring the department to provide retailers without physical presence a sales tax rate database and a database of local taxing jurisdiction boundaries; Requiring the department to make available free-of-charge software that calculates sales taxes due on each transaction at the time the transaction is completed, files sales tax returns, and updates to reflect any tax rate changes for the state or any local taxing jurisdiction; Allowing the department to contract with one or more certified software providers without regard to the procurement code to provide the software or provide access to the software; Allowing a retailer to elect to collect and remit sales tax on its own, without using the services of a certified software provider, or allowing a retailer to elect to use the services of a certified software provider; Specifying that, in providing the software free of charge, the contracts negotiated between the department and the certified software providers must provide that all or a portion of the vendor fee may not be retained by the retailer electing to utilize the services of a certified software provider but will instead be retained by the certified software provider as payment for its services; Requiring the department to establish certification procedures for persons to be approved as certified software providers; and Providing the required relief of liability for errors to retailers without physical presence and other retailers utilizing the software. The bill allows local taxing jurisdictions governed by a home rule charter to opt in by passing an ordinance, resolution, or accepting the state's administration and distribution of its local sales tax on sales made by retailers without physical presence that is collected and remitted by such sellers in accordance with the bill. (Note: This summary applies to this bill as introduced.) Read More
Currently, the salary of a district attorney is set statutorily, and any amount in excess is set by the board or boards of county commissioners comprising the district. Furthermore, the district attorney of each judicial district, with the approval of the board or boards of county commissioners comprising the district, sets the salaries of any assistant district attorney or chief deputy district attorney in the district. The bill establishes minimum salary requirements for a district attorney, an assistant district attorney, and one chief deputy district attorney in every judicial district, if one has been appointed by the district attorney. Those salaries will be based upon the salaries of a district court judge, a county court judge, and a district court magistrate, respectively. The county or counties comprising the judicial district currently pay the salaries of assistant district attorneys and chief deputy district attorneys in the district. Starting in the 2020-21 fiscal year, the bill requires the state to pay the following percentage of salaries: Assistant district attorney - 80%; and Chief deputy district attorney - 50%. The bill allows the board or boards of county commissioners of the county or counties comprising the judicial district, in consultation with the district attorney, to make a one-time irrevocable election to require an assistant district attorney to become a member of the public employees' retirement association's defined benefit plan. In that case, the state would pay 80% and the counties would pay 20% of the employer contribution for an assistant district attorney. (Note: This summary applies to this bill as introduced.) Read More
Colorado Commission on Uniform State Laws. Current law requires an individual who wishes to have a document notarized to appear personally before a notary public. The bill enacts the 2018 amendments to the "Revised Uniform Law on Notarial Acts", drafted by the Uniform Law Commission, which authorize notaries public to perform a notarial act on behalf of an individual who is not in the notary's physical presence. To perform a remote notarization, a notary must use an electronic system that conforms to standards established by rules of the secretary of state, including using communication technology and keeping an audio-video recording of the notarization for at least 10 years. The bill establishes the standards that a notary must comply with to have satisfactory evidence of the identity of the individual seeking the remote notarization. (Note: This summary applies to this bill as introduced.) Read More
Section 1 of the bill amends the definitions of key terms such as "gambling", "prize", and "simulated gambling device" as used in the criminal statutes governing simulated gambling devices. "Prize" is subject to a de minimis exemption for a ticket or coupon redeemable for specified goods of nominal value, and "simulated gambling device" is defined to include devices that combine the elements of chance and skill, in accordance with the state constitution. Section 2 specifies that unlawful offering of a simulated gambling device occurs if a person receives payment indirectly or in a nonmonetary form for use of a simulated gambling device, and that the time of payment (i.e., before or after use of the device) is irrelevant.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill directs a peace officer to remove a person from a residential premises and to order the person to remain off the premises if the owner or owner's authorized agent (declarant) swears to a declaration making specified statements concerning ownership of the premises and the lack of authority for the person or persons who are on the premises to be there. The peace officer must allow the person a reasonable opportunity to obtain evidence of his or her authority to be on the premises. A declarant: Agrees to indemnify a peace officer and his or her agency for acts and omissions made in reliance upon the declaration; and Is liable for actual damages, attorney fees, and costs for any false statements made in the declaration. If the declaration includes a statement that the property has been altered or damaged, or if the peace officer sees evidence of alteration or damage, the peace officer shall collect the personal information of the persons removed and provide it to the declarant. A person removed from the property pursuant to the bill who alters or damages the property is guilty of a class 1 misdemeanor. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill authorizes the state treasurer to invest state money in securities issued by a sovereign, national, or supranational entity that are rated at least investment grade by a nationally recognized rating organization. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill establishes in the office of the state court administrator (office) a statewide behavioral health court liaison program (program). The purpose of the program is to identify and dedicate local behavioral health professionals as court liaisons (court liaisons) in each state judicial district to facilitate communication and collaboration among judicial, health care, and behavioral health systems. The office shall administer the program and establish procedures, timelines, and funding guidelines for the program. Program funding must be allocated to judicial districts based on case volume, geographical complexity, and density of need. Specific duties of the court liaisons are outlined, as well as reporting requirements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, staff, and staff of contracted providers, of area agencies on aging are mandatory reporters of the mistreatment of an at-risk elder or an at-risk adult with an intellectual and developmental disability. The bill creates a mandatory reporter exception for attorneys at law providing legal assistance to individuals pursuant to a contract with an area agency on aging, the staff of such attorneys at law. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More