Sunset Process - House Business Affairs and Labor Committee. Sections 1 and 2 of the bill continue the licensing of community association managers and management companies, subject to regulation by the director of the division of real estate, for an additional 5 years, until September 1, 2023. ( Recommendation 1 ) Section 3 allows certain ministerial functions to be delegated to unlicensed persons while maintaining the license requirement for higher-level management functions such as the conduct of board meetings, handling of money, and negotiation of maintenance contracts. The director is authorized to adopt rules further clarifying these distinctions if necessary. ( Recommendation 3 ) Sections 4 and 6 through 8 scale back the amount of, and circumstances in which, direct supervision of an apprentice is required and specify that a supervising manager is accountable for the actions of an apprentice. Section 5 gives the director authority to adopt rules governing supervision of apprentices. ( Recommendation 4 ) Section 9 removes the automatic acceptance of certain private credentials as qualifications for licensure and substitutes a requirement that the director specify the acceptable credentials by rule. ( Recommendation 5 ) Sections 10 and 11 add due-process protections and specific procedural requirements to the director's authority to issue cease-and-desist orders. The director also has the option to issue an order to show cause and to hold a hearing before, rather than after, ordering a respondent to cease and desist from suspected unauthorized practices. ( Recommendation 6 )(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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The bill authorizes any board of county commissioners (board), by resolution, to delegate to the county planning commission any power granted to or duty placed upon the board in connection with county planning law, providing that the right to appeal to the board of county commissioners is retained in any such delegation. The bill expressly excludes from the authorized delegation the power to impose fines and penalties.(Note: This summary applies to this bill as introduced.) , Read More
The bill allows persons with the following retail licenses to purchase alcohol beverages from another retail licensee when there is common ownership between the licensees and the seller has surrendered its license within the last 60 days: Beer and wine; Hotel and restaurant; Tavern; Retail gaming tavern; Brew pub; Club; Arts nonprofit; Racetrack; Vintner's restaurant; Distillery pub; or Lodging and entertainment facility. The seller must return all alcohol beverages bought on credit, allow wholesalers 30 days to purchase back inventory, have paid all wholesale bills, and sell to only one licensed premises. A wholesaler is prohibited from transporting the inventory from the seller's premises to the buyer's premises. The seller may transport the inventory. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill updates the Colorado code of military justice (code). Sections 1 and 2 of the bill define terms related to the code and clarify the applicability of the code. Sections 4 and 6 authorize commanding officers to arrest any enlisted member, impose certain disciplinary punishments without the intervention of a court-martial, and clarify those punishments and who may impose them. Sections 7 to 9 describe the punishments that may be imposed by general, special, and summary courts-martial. Section 9 also removes a person's ability to refuse trial by summary court-martial. Section 10 authorizes the assistant adjutant general for the space, cyber, and missile defense for the Colorado National Guard; the land component commander for the Colorado Army National Guard; or the wing commander for the Colorado Air National Guard to convene a general court-martial. Section 11 authorizes certain officers to convene a special court-martial. Section 13 permits a military judge to be detailed to a court-martial irrespective of military branch. Section 14 requires counsel in general or special courts-martial to be appointed as judge advocates. Section 15 classifies as felonies offenses for which an accused may be convicted by general court-martial and receive a sentence of confinement. A conviction by summary court-martial is not a criminal conviction. All other military offenses are misdemeanors. Section 16 authorizes the state to appeal certain decisions in a court-martial and prohibits the state from appealing a finding of not guilty by a court-martial or trial by military judge only. The bill describes the process for the state to file an appeal. Sections 17 to 29 make changes to existing offenses in the code. Section 30 creates an offense related to the possession and use of controlled substances. Section 31 establishes a process by which a member of the military forces may make a complaint against a commanding officer. Sections 3, 12, 13, and 14 require certain persons already required to be members of the Colorado state bar to be members in good standing. The bill makes conforming amendments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Currently, certain liquor licensees may sell one opened container of partially consumed vinous liquor to a customer if the licensee has meals available for consumption on the licensed premises. The bill expands the requirement to include licensees that makes sandwiches and light snacks available for consumption on the premises. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, the department of education may issue a professional teacher license or professional special services license to a teacher or special services provider who holds a comparable license from another state and has 3 years of continuous teaching or special services experience. The bill changes the requirement from 3 years of continuous experience to 3 years of experience within the previous 7 years. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, higher education fee-for-service contracts include performance funding based in part on the number of degrees or certificates awarded by each institution. The bill sets the minimum amount of performance funding received for each certificate awarded at 50% of the amount for each bachelor's degree awarded. (Note: This summary applies to this bill as introduced.) , Read More
Section 2 of the bill authorizes a parent or legal guardian (representative) to request that a consumer reporting agency place a security freeze on the consumer report of either a minor less than 16 years of age or another individual who is a ward of the representative (protected consumer). If the consumer reporting agency does not yet have a consumer report for the protected consumer at the time that a security freeze is requested, the consumer reporting agency, if requested in writing by the representative, is required to create a consumer record for the protected consumer and place a security freeze on the consumer record. The protected consumer's representative may request that the consumer reporting agency remove the security freeze. A protected consumer who demonstrates to the consumer reporting agency that his or her representative's appointment is no longer valid may have the security freeze removed. A consumer reporting agency is not allowed to charge a fee for the placement, temporary lift, partial lift, or removal of a security freeze on a protected consumer's consumer report or record, or for the creation of a record for a protected consumer. Additionally, a consumer reporting agency is not allowed to charge a fee to place, temporarily lift, partially lift, or permanently remove a security freeze on a consumer report or record of a consumer who is under eighteen years of age. Section 3 requires consumer reporting agencies to provide a notice informing parents or other individuals serving as representatives that they may request a security freeze on the consumer report or record of their child or ward. Section 1 defines the terms "protected consumer", "record", "representative", "sufficient proof of authority", and "sufficient proof of identification", and amends the definition of "security freeze". Sections 4 through 7 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill requires title insurance entities and affiliates or subsidiaries to hold funds belonging to others in a fiduciary capacity. 'Fiduciary funds' means all funds received in conjunction with real estate closing and settlement services. The commissioner of insurance shall promulgate rules regarding fiduciary funds. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes, which relates to professions and occupations. One recommendation of the study is to relocate laws located in title 12 that are administered by the department of revenue to a new title 44, which will consist solely of laws administered by the department of revenue that regulate a variety of activities. To implement this recommendation, section 1 of the bill creates title 44 and section 2 relocates article 43.3 of title 12, medical marijuana, to a new article 11 in a new title 44, Colorado Revised Statutes; and section 3 of the bill relocates article 43.4 of title 12, retail marijuana, to a new article 12 in a new title 44, Colorado Revised Statutes. Sections 4 through 28 of the bill make conforming amendments, and section 29 repeals the articles where the law was previously codified.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More