Sen. Bob Gardner

In the speedy trial statute, there is a list of time periods that are excluded from the speedy trial calculation. The bill adds the period of delay caused by a continuance ordered by the court to the list, if the court finds that the continuance is necessary to protect the defendant's constitutional rights. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

The bill specifies that for property tax years commencing on or after January 1, 2019, a senior is deemed to be a 10-year owner-occupier of a primary residence that the senior has owned and occupied for less than 10 years and therefore qualifies for the senior property tax exemption for the residence if: The senior would have qualified for the senior property tax exemption for the senior's former primary residence but medical necessity forced the senior to stop occupying the former primary residence; The senior has not previously received the exemption by operation of the medical necessity exemption for any former primary residence; and The senior has not owned and occupied another primary residence since the senior first stopped occupying his or her former primary residence due to medical necessity. 'Medical necessity' is defined as a medical condition that a physician licensed to practice medicine in Colorado has certified as having required a senior to stop occupying his or her prior primary residence. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

The bill requires the judicial department to reimburse a district attorney for costs associated with litigating postconviction rule 35 of the Colorado criminal procedure motions. Costs include lay and expert witness expenses, travel expenses, subpoena expenses, required transcript costs, and attorney time billed at the same rate as the alternate defense counsel rate. The bill has an effective date of July 1, 2019. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

The bill establishes procedures to govern the recall of a director of a special district. Section 4 of the bill requires the court as defined for the special district to appoint a designated election official (DEO) to oversee the recall election. The director and the director's spouse or civil union partner cannot serve as the DEO. The bill requires that recall petitions must be approved as to form by the DEO before being circulated. To be approved, a petition must designate a committee to represent the signers, must name only one director, and must include a brief statement of the grounds for the recall. It must also provide certain warnings to electors concerning their eligibility to sign. Section 5 requires that signed petitions be filed with the DEO within 60 days after their form has been approved. Signed petitions must include a signed and notarized affidavit from the circulator attesting to the circulator's compliance with the requirements of the law. Once a signed petition is filed, the DEO is required to review the petition and issue a written determination that the petition is sufficient or not sufficient within 5 business days, unless a protest is filed before that date. An eligible elector may file a protest of a recall petition within 15 days after a petition is filed. In the case of a protest, a hearing is required and the DEO is the hearing officer. The hearing officer is required to issue a determination that the petition is sufficient or not sufficient within 15 days after the conclusion of the hearing. If a petition is determined not sufficient, the committee representing the electors may withdraw, amend, and refile it within 15 days. A petition can only be withdrawn and refiled once. A determination that a petition is sufficient or not sufficient is subject to judicial review on request by the director, the director's representative, or a majority of the committee representing the electors, but judicial review cannot include the statement of the grounds on which the recall is sought. If a petition is determined sufficient, the board of the special district must set a date for the recall election, and determine whether the election will take place at the polling place or by mail ballot. If a regular special district election is to be held within 180 days after the date on which the board orders the recall election, the recall election must be held as part of the regular election. If the director is seeking reelection at that regular election, only the question of his or her reelection appears on the ballot. If the director's successor is to be chosen at that regular election, and the director is not seeking reelection, only the selection of the successor appears on the ballot. The recall election may also be held as part of a coordinated election if the information required for the ballot is determined within the deadline, and the county clerk and recorder agrees. Section 6 provides that if the director resigns in writing prior to the election, the recall proceedings are terminated and the office is filled as a vacancy. The ballot for a recall election must include the statement of grounds for the recall that was included in the petition. The director may file a statement in support of his or her retention, which must also be included on the ballot if it is timely filed. The ballot must also include the names of candidates nominated to fill the office if the director is recalled. If an incumbent is not recalled, or if a recall petition is deemed not sufficient, section 7 authorizes the special district to reimburse the director for reasonable expenses. Under section 10 , the special district must pay the costs of the county clerk and recorder and the DEO for the recall election. Section 8 provides that after one recall election that does not recall the director, any subsequent recall petition must be signed by more than 50% of the eligible electors to be sufficient. Section 11 makes a conforming amendment to the 'Uniform Election Code of 1992'.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill prohibits public school teachers and teacher organizations from directly or indirectly inducing, instigating, encouraging, authorizing, ratifying, or participating in a strike against any public school employer. Public school employers are prohibited from consenting to or condoning a strike and from paying a public school teacher for any day during which the public school teacher participates in a strike. In the event of a strike or the imminent threat of a strike in violation of the bill, the public school employer is authorized to seek an injunction from the district court. Failure by a public school teacher or teacher organization to comply with the injunction constitutes contempt of court and may be punished with fines or up to 6 months in county jail, or both. If a public school teacher is found in contempt of court for failure to comply with an injunction, the bill directs the public school employer to immediately terminate his or her employment, without a hearing. If a teacher organization is found in contempt, any collective bargaining agreement negotiated by the organization is rendered null and void. The organization cannot represent public school teachers or collect dues from them for one year, and a public school employer is prohibited from negotiating with the organization during that time. These penalties may be suspended or modified by the court if the public school employer so requests and the court finds it is in the public interest to do so. (Note: This summary applies to this bill as introduced.) , Read More

The concurrent resolution denies a person the right to bail if the person has committed a serious felony offense or a serious offense involving driving under the influence of alcohol or drugs, as determined by law, when the proof is evident or presumption is great as to the commission of the offense and the person is in this country illegally.(Note: This summary applies to this concurrent resolution as introduced.) Read More

Under the current language in the constitution, county clerks are required to write a separate retention question for each justice or judge standing for retention. The proposed referendum would allow county clerks to write a single ballot question for each level of courts, shortening and simplifying the ballot. (Note: This summary applies to the reengrossed version of this concurrent resolution as introduced in the second house.) , Read More

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Colorado Commission on Uniform State Laws. Under current law, the administration of trusts is generally governed by certain provisions within the probate code. The bill repeals many of these provisions and creates a new Colorado uniform trust code (code) outside the probate code to address trust administration. The new code includes provisions concerning: Judicial proceedings; Representation; Creation, validity, modification, and termination of trusts; Duties and powers of trustees; and Liabilities of trustees and rights of persons dealing with trustees. The bill also makes conforming amendments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill clarifies that the offenses of intimidating a witness or victim and retaliation against a witness or victim apply to witnesses in criminal, civil, and administrative proceedings. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More