Colorado Commission on Uniform State Laws. The bill adopts the 'Uniform Wage Garnishment Act' (uniform act) and amends existing statutory provisions relating to wage garnishments covered by the uniform act. (Note: This summary applies to this bill as introduced.)
In 2016, the general assembly enacted House Bill 16-1063, which allows mental health professionals to disclose to school and school district personnel and law enforcement agencies communications with a client if the client makes statements or exhibits behaviors that create an articulable and significant threat against a school or its occupants. The effect of the legislation was contingent on receipt from the secretary of the federal department of health and human services (HHS) of an exception to the privacy rule under the federal 'Health Insurance Portability and Accountability Act of 1996' (HIPAA). The state received notice from HHS that the legislation is not contrary to the HIPAA privacy rule and therefore does not qualify for an exception. Accordingly, the bill repeals the contingency provision. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill allows a special district having a 5-member board to increase the number of board members to 7 by the adoption of a resolution by the board and the approval of the resolution by the board of county commissioners or the governing body of the municipality that approved the service plan of the special district. If an increase is made, a board cannot be reduced back to 5 members. The bill also specifies the length of the initial term of each new special district board member and sets forth the election requirements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently, the department of revenue issues special license plates to members and veterans of the United States Army special forces. The plates are restricted to people whose orders or DD214 form show an awarded prefix '3' or suffix 'S' or a designation of '5G', 18/180 series MOS, special forces tab, OSS, or UNPIK-8240. The bill removes the ability to get the special license plate based on an awarded 'S' suffix. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Beginning on the effective date of the bill, the bill creates a state sales and use tax exemption for a historic aircraft that is on loan for public display, demonstration, educational, or museum promotional purposes (public display) in the state if: The historic aircraft is on loan for public display to a publicly owned or nonprofit museum in the state; The historic aircraft will be used only for public display while within the state but away from the museum to which the historic aircraft is on loan; and The museum to which the historic aircraft is on loan for public display is open to the public for at least 20 hours every week.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Within the statutory title on taxation, some sections require a taxpayer to pay taxes via electronic funds transfer (EFT) while other sections allow a taxpayer to pay taxes via EFT. The same is true for electronic filing of returns. The inconsistent approach of requiring it in some cases and allowing it in others has created difficulty in administering the laws, particularly when the department of revenue tried by rule to provide a consistent exception in the form of an undue hardship waiver for EFT. The bill changes the EFT and electronic filing requirements for consistency, specifying in all cases that the department may require EFT and electronic filing and that the department may promulgate rules to implement EFT and electronic filing. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill establishes a process for a defendant who has paid a monetary amount due for a criminal conviction in a district or county court to request a refund of the amount paid if: The conviction was overturned and either the charges were dismissed or the person was acquitted following a new trial; or All or part of an order for restitution was reversed and the defendant paid more restitution than was ultimately ordered. The bill directs the state court administrator to pay to the defendant the amount of any refund found due.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently, only an organization that is exempt from taxation under section 501 (c)(3) of the federal internal revenue code (tax code) may accept services offered through a program of community or useful public service operated by a county court, probation department, county sheriff, or other local governmental entity in connection with sentencing for specified misdemeanors. Veterans' service organizations may be organized under other provisions of the tax code such as section 501 (c)(4) or 501 (c)(19). The bill expands the criteria for organizations that may accept community or useful public service assignments to include veterans' service organizations organized under 501 (c)(4) or 501 (c)(19) of the tax code, and specifies that the court or other entity making the assignment retains discretion to determine which organizations may be included in its program of community or useful public service. Section 1 amends the statute dealing with misdemeanor sentencing generally. Sections 2 and 3 insert analogous provisions into the statutes dealing specifically with sentencing of persons convicted of drug offenses and alcohol-related driving offenses, respectively. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, the clerk of the court mails notice of the filing of certain petitions and the date and time of hearings on the petition to specified interested parties by registered mail. The bill changes the process so the clerk of the court may send the notice by first-class mail or electronically using the e-filing system of the judicial department. Under current law, if a respondent in a domestic relations action cannot be personally served and is served by publication, the clerk of the court is required to post a copy of the process on a bulletin board in the clerk's office for 35 days after the date of publication and may post the notice online on the court's website. The bill gives the clerk the option of posting the notice online on the court's website rather than on a bulletin board. The bill also updates the time frame for holding certain hearings to multiples of 7 days. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
