Under existing law, it is a class A traffic infraction to operate a commercial motor vehicle without a commercial driver's license, to operate a commercial motor vehicle if the operator is under 21 years of age, or to drive a commercial motor vehicle if the person has more than one driver's license. The act makes each a class 1 misdemeanor; except that, if a person presents a valid commercial driver's license to the court within 30 days, the offense is a class A traffic infraction. The act creates the offense of unlawful direction to operate a commercial motor vehicle. An employer who authorizes or permits an employee who the employer knows or reasonably should know does not have a commercial driver's license or is under 21 years of age to operate a commercial motor vehicle commits unlawful direction to operate a commercial motor vehicle, a class 1 misdemeanor traffic offense. The act requires the transportation legislation review committee to study the following issues during the 2024 legislative interim: Enforcement of impaired driving offenses, including situations involving a driver who refuses to take or complete a blood or breath test as required by law; Careless driving that results in accidental death, including whether available civil and criminal charges and penalties for those incidents are appropriate; and The appropriate penalty for failing to maintain motor vehicle or low-powered scooter insurance and failing to present evidence of insurance to a requesting officer. The act appropriates $1,455 from the Colorado DRIVES vehicle services account in the highway users tax fund to the department of revenue to implement the act's provisions. APPROVED by Governor May 20, 2024 PORTIONS EFFECTIVE May 20, 2024 PORTIONS EFFECTIVE August 1, 2024(Note: This summary applies to this bill as enacted.)
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The act directs the Colorado state forest service (forest service) to establish a rural grant navigator grant program to provide grant money to nongovernmental organizations (NGOs) providing outreach and technical assistance, including grant writing assistance, to rural communities seeking to apply for state or federal grants for wildfire mitigation and preparedness (wildfire-related grants). On or after March 1, 2025, an NGO may apply to the forest service for grant money in accordance with application and eligibility guidelines that the forest service establishes with input from NGOs that assist Colorado communities with wildfire mitigation and preparedness. On or before March 1, 2026, and on or before March 1 of every year thereafter, the forest service is required to prepare a report summarizing its work to award grants to NGOs assisting rural communities with identifying and applying for wildfire-related grants. The forest service is required to submit the report to the wildfire matters review committee or, if the committee no longer exists, to the legislative committees with jurisdiction over natural resources matters. For the 2024-25 state fiscal year, $300,000 is appropriated from the general fund to the department of higher education for use by the forest service to implement the act. APPROVED by Governor May 20, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
In current law, both a lodging facility and an entertainment facility are licensed as a lodging and entertainment facility licensee. The acts converts the licenses of lodging facilities to lodging facility licenses and the licenses of entertainment facilities to entertainment facility licenses. Additionally, the act creates a new catering license and an alcohol beverage shipper license. The act allows a brewery, a limited winery, and a distillery to manufacture alcohol beverages at up to 2 noncontiguous locations and sets an annual fee for such operations. Current law limits the amount of alcohol beverages certain retailers can purchase from retail liquor stores, liquor-licensed drugstores, and fermented malt beverage and wine retailers to $2,000 each year. The act increases the cap to $7,000 and requires the state licensing authority to annually adjust the cap consistent with inflation. For events where customers may consume alcohol beverages on the premises of an off-premises retailer, the act: Allows an off-premises retailer to conduct tastings; Allows tastings for all authorized retailers to begin at 10 a.m. instead of 11 a.m.; Allows retail liquor stores to hold educational classes; and Allows a distiller that operates a sales room to purchase and use common alcohol modifiers to mix with its spirituous liquors to produce cocktails. Under current law, liquor licenses are valid for a one-year period. The act allows certain qualifying licensees to apply for a 2-year license. The act also requires the state licensing authority to study the feasibility of adopting an online application and renewal system. The act removes the requirement that a local licensing authority schedule a public hearing on an application for a new retail liquor license. The act changes the requirement for a festival permittee to notify the state and local licensing authorities of the location and dates the licensee plans to hold multiple festivals from 30 business days to 30 calendar days before each festival. Regarding wholesalers, the act allows wholesalers of vinous or spirituous liquors to obtain an importer's license and allows all wholesalers to hold trade show events. The act allows a retail liquor store going out of business to sell its inventory to another retail liquor store. The act specifies that a liquor-licensed drugstore's use of an electronic funds transfer is not an extension of credit. The act allows an arts licensee to place limited advertising of the availability of alcohol beverages for sale on the licensed premises while an artistic or cultural production or performance is taking place. The act allows alcohol beverage sales on Christmas. APPROVED by Governor May 18, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act enacts the "Uniform Special Deposits Act" as drafted by the Uniform Law Commission, which addresses deposits at a bank where the identity of the person entitled to payment is not determined until the occurrence of a contingency identified at the time that the deposit is created. Concerns have arisen about such "special deposits" that may undermine the use of special deposits as a useful vehicle to hold funds that may be paid in the future to one or more persons depending on the resolution of one or more specified contingencies. The act addresses these concerns by reducing legal uncertainties related to the attributes that make a deposit "special" and the rights of the parties interested in the special deposit, their respective creditors, and the bank holding the special deposit prior to the resolution of the contingency. APPROVED by Governor May 17, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The bill creates the wildfire evacuation modeling grant program (program) within the office of emergency management (office) for the purpose of awarding grants to eligible recipients to perform wildfire evacuation modeling and generate reports that include times, maps showing evacuation routes, and any other relevant metrics for the area for which the modeling is being conducted. The program is initially administered as a pilot program and the office must establish a limited number of eligible recipients to receive grants. On or before December 1, 2025, the office must submit a report to the house of representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees, regarding the pilot program, which may include recommendations for improving the program and recommendations on whether to continue the program. The bill also creates the wildfire evacuation modeling grant program cash fund (fund) for the purposes of awarding grants and covering administrative costs of the office for administering the program. On August 15, 2024, the state treasurer shall transfer $120,000 from the general fund to the fund. (Note: This summary applies to this bill as introduced.)
Wildfire Matters Review Committee. The bill assists local governments with disaster-related programs in 2 ways. First, section 1 of the bill establishes by establishing the slash removal pilot program (pilot program) under the wildfire mitigation incentives for local governments grant program, which is administered by the forest service. The pilot program supports county efforts to efficiently and effectively remove slash through methods other than burning . The forest service must establish the policies and procedures by which it will select counties for the pilot program and implement the pilot program. Second, section 2 requires the division of homeland security and emergency management in the department of public safety to provide guidance to local governments on the following issues concerning debris removal: Negotiating debris removal program terms with the federal emergency management agency to provide predictability for homeowners and ensure that there are not duplicate payments for debris removal; Developing standard right of entry forms that include opt-in and opt-out provisions and clear insurance assignment of benefit language; Establishing right-of-way cleanup procedures, including the removal of private vehicles, for public roadways; Considering the removal of hazardous materials and other safety and environmental concerns; and Ensuring that local debris removal programs are limited to residential debris removal and do not include commercial debris removal. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Colorado Commission on Uniform State Laws. The bill enacts the "Uniform Consumer Debt Default Judgments Act" (act), drafted by the uniform law commission. The act requires that for a default judgment to be entered on a claim for a consumer debt, certain information must be contained in the complaint or amended complaint, including language notifying the debtor of the debtor's rights and obligations.(Note: This summary applies to this bill as introduced.)
The uniform act clarifies when and how electronic documents may be used in estate planning documents other than wills. APPROVED by Governor May 1, 2024 EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)
Current law declares a restriction in a land record unlawful if the restriction is based on race, color, religion, national origin, sex, familial status, disability, or other personal characteristics. The act enacts the "Uniform Unlawful Restrictions in Land Records Act (2023)", as drafted by the Uniform Law Commission, which establishes a process for a person to remove these unlawful restrictions from a title or other document related to real property. APPROVED by Governor May 1, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act adopts, in part, the National Association of Insurance Commissioners' travel insurance model act (model act), which provides a legal framework within which travel insurance must be sold in Colorado. The "Travel Insurance Model Act" applies to travel insurance that covers a resident of Colorado; that is sold, solicited, negotiated, or offered in Colorado; and for which the policies and certificates are delivered or issued for delivery in Colorado. With respect to the model act, the act: Requires an insurer to pay premium tax on travel insurance premiums paid by specified persons; Requires consumer disclosures for travel protection plans and requires insurers to send fulfillment materials and specific contact information for persons providing travel assistance services and cancellation fee waivers; Declares the following practices unfair or deceptive practices: Offering or selling travel insurance that could never result in the payment of any claims for the insured; and Marketing blanket travel insurance coverage as free; Requires travel insurance documents to be consistent with the travel insurance policy, including forms, rate filings, and certificates of insurance; Requires disclosure of preexisting condition exclusions prior to the purchase of travel insurance and in the coverage fulfillment materials; Unless the trip for which the travel insurance was purchased has commenced or the policyholder has filed a claim, allows the policy to be cancelled and the cost refunded within a specified time period; Prohibits the use of a negative option or "opt out" that requires the consumer to take affirmative action to deselect coverage; Allows mandated coverage when the consumer's travel destination requires travel insurance as a condition of purchasing the trip or travel package; Prohibits a person from acting as or representing that the person is a travel administrator, unless the person is a licensed insurance producer for property and casualty insurance in Colorado for activities permitted under that license; and Allows travel insurance that provides certain coverage to be filed under either an accident and health line of insurance or an inland marine line of insurance. Further, the act makes conforming changes to existing law relating to licensing limited lines travel insurance producers and registering travel retailers. Specifically, the act: Expands the definition of "limited lines travel insurance producer" to include a "travel administrator"; Includes in the definition of "travel insurance", coverage for emergency evacuation, repatriation of remains, and, as approved by the commissioner of insurance, any other personal risks relating to travel; Prohibits a person from acting as a limited lines travel insurance producer or travel retailer unless the person is licensed or registered, respectively; Specifies that the grounds for suspension and revocation and the penalties applicable to resident insurance producers are applicable to limited lines travel insurance producers and travel retailers; and Authorizes a person licensed in a major line of authority as an insurance producer to sell, solicit, and negotiate travel insurance under an individual, group, or blanket policy. The model act codified in this act does not include provisions that are inapplicable to Colorado, including provisions relating to third-party administrators and managing general agents. Further, unlike the model act, the act requires that an insurer offering or selling travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, emergency evacuation, or repatriation of remains hold both property and casualty and accident and health lines of authority. APPROVED by Governor April 29, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)