The act continues the compliance advisory panel to the air pollution control division in the department of public health and environment for 10 years, until September 1, 2036, pursuant to the provisions of the sunset law.(Note: This summary applies to this bill as enacted.)
Under current law, courts may not assess or collect administrative fees, costs, and surcharges in juvenile delinquency cases involving a juvenile under the jurisdiction of the juvenile court when a juvenile has been charged with or adjudicated of certain crimes. The act adds that courts or the state is prohibited from assessing or collecting administrative fees, costs, and surcharges assessed against a juvenile or the juvenile's parents, guardian, or legal custodian when the juvenile was under 18 years old when the crime was committed.(Note: This summary applies to this bill as enacted.)
The act prohibits a person who possesses a record or report (record) of child abuse or neglect from releasing identifying data or information contained in the record to a person who is not authorized to receive the information or data. The act clarifies what constitutes identifying data in a record. The act adds an assigned designee of a person named in a record who is acting on the person's behalf as a person who may have access to child abuse or neglect records if the assigned designee presents a valid release of information signed by an authorized person. The act allows a person named in a record as an alleged abused or neglected child who is in possession of a record in which they are named or, with the person's consent, the person's attorney or guardian ad litem, to disclose and make use of the record, including for the purpose of litigation or to obtain treatment or services. Except as expressly authorized in law, a criminal defendant may only access a record after an in camera review by the court in which the court finds that access to the record is necessary for the resolution of an issue. The act requires each county department of human or social services to establish and submit to the state department of human services a process current and former clients may use to obtain access to their case records. The act repeals the penalties associated with a person who improperly releases or willfully permits or encourages the release of data or information contained in the records to a person not permitted to access the information and makes it a petty offense for the department of education or a school district, charter school, or nonpublic school to release data or information contained in a record to a person not permitted to access the information.(Note: This summary applies to this bill as enacted.)
Under current law, the owners of certain tracts of agricultural or farm land within and adjacent to the boundary of a statutory town or statutory city may petition the district court for the county to disconnect the land from the town or city (disconnection by court decree). The act modifies the disconnection by court decree process so that this process is not available for any tract of land that is included within the boundaries of an urban renewal area described in an urban renewal plan of an urban renewal authority (affected urban renewal authority) or a special district that, by its service plan or pursuant to an intergovernmental agreement, is or will be expected to provide service to the tract of land (affected special district). Instead of using the disconnection by court decree process, owners of these tracts of land must use the process for disconnection applications from a statutory municipality. Under current law, the owner of a tract of land within and adjacent to the boundary of a statutory municipality may apply to the governing body of the municipality for the enactment of an ordinance disconnecting the tract of land from the municipality (disconnection by ordinance). The act also modifies this disconnection by ordinance process by requiring that, in addition to the existing requirement that an owner provide notice and a copy of the disconnection application to the board of county commissioners of the county in which the tract of land is located and to the board of directors of any affected special district, the owner seeking disconnection must also provide notice and a copy of the disconnection application to any affected urban renewal authority. Upon receiving the notice and application, these entities may request a meeting with the owner of the land and the governing body of the municipality to discuss and address any negative impacts that would result from the disconnection, including any change in the level or extent of services being provided to the tract of land that is the subject of the disconnection application or any interference with the implementation of an urban renewal plan of an affected urban renewal authority. The failure of these entities to request a meeting constitutes an acknowledgment that the disconnection will not adversely affect them. The act applies to applications for disconnection from a statutory municipality and petitions for disconnection from a statutory city or town commenced on or after the applicable effective date of the act.(Note: This summary applies to this bill as enacted.)
The act repeals the requirement for coroners, or other officials performing like functions, to report to the department of transportation (department) deaths resulting from traffic accidents on a monthly basis. The act requires coroners, or other officials performing like functions, to report all available toxicology results to the department for each deceased party who has died as a result of a motor vehicle crash. The report must be submitted by the final business day of each quarter of the calendar year. If a participant in a crash dies within 30 days as a result of a crash, the act requires the law enforcement officer who was notified of, or investigated, the crash to submit an amended report to the department within five days after receiving a notification of the death.(Note: This summary applies to this bill as enacted.)
The act establishes information disclosure requirements for a licensed facility that offers on-site and residential services for individuals with dementia and dementia-related conditions, including Alzheimer's disease ('dementia care facility' or 'facility'). The act requires the department of public health and environment (department), in consultation with the state long-term care ombudsman or the ombudsman's designee, to create a dementia care services information form (form) by July 1, 2027. The form must include certain specified fields for the disclosure of information regarding a dementia care facility's dementia care services, including the facility's:Dementia training requirements for staff that are in addition to statutory training requirements;Guidelines for using restraints;Security features and procedures for addressing the needs of residents with dementia; andCriteria and processes to determine placement, transfer, or discharge of residents living with dementia. The department may review and update the form to ensure that it facilitates the disclosure of the required information. After creating or updating the form, the department must provide the form to every dementia care facility in the state. A dementia care facility must complete the form with responsive, accurate, and complete information regarding the facility's dementia care services. Beginning October 1, 2027, every dementia care facility shall:Provide its completed form to every individual who contacts the facility seeking dementia care services;Review and update the form when the facility's information changes to ensure the information on the form is current, complete, and correct;Publish the facility's current completed form on the facility's website; andMaintain on the facility's premises and have available for inspection a copy of the facility's current completed form, and produce the form upon request by the department during a survey or inspection of the facility. The act requires the department to issue a citation to a facility that fails to maintain on its premises and have available for inspection its completed form or that fails to produce the form upon request by the department during a survey or inspection. The department may adopt rules, as necessary, to implement the act's requirements concerning the form; except that the rules adopted by the department must not exceed applicable national standards. The department may use money from the assisted living residence improvement cash fund for the purposes of creating the form and adopting related rules.(Note: This summary applies to this bill as enacted.)
The act modifies the 'Colorado Public Trustee Act' to:Set the salary of the public trustee in counties where the county treasurer serves as the public trustee to a fixed amount of $12,500 annually to be paid monthly from the county general fund as part of the county's standard payroll process. On a quarterly basis, the public trustee is required to reimburse the county general fund for the monthly salaries from the fees collected by the public trustee or from the public trustee special reserve account.Eliminate the requirement that a public trustee make and file a full statement of all transactions of the office of the public trustee to the board of county commissioners under oath;Repeal the requirement that a public trustee appointed by the governor be subject to the state 'Procurement Code' for any purchase of more than $20,000;Repeal the definition of 'certified copy' and references thereto;Define 'nonmaterial misstatement' as a minor or inconsequential error, inaccuracy, or omission that does not significantly affect the understanding, validity, or enforceability of a document;Clarify the date by which the public trustee or sheriff conducting a foreclosure (officer) must mail the combined notice of sale, right to cure, and right to redeem to persons on an amended mailing list;Clarify that a junior lienor is entitled to cure the default if the junior lienor files with the officer;Specify that an unclaimed remaining amount for which a property is sold at a foreclosure sale that is in excess of the bid amount must either be transferred to the state treasurer for disposition in accordance with the 'Revised Uniform Unclaimed Property Act' or held by the county treasurer pursuant to the terms of a county resolution regarding unclaimed funds;Add a requirement regarding redemption that specifies that if a lien is assigned, the holder's rights are valid only if the assignment of the lien is duly recorded at least 15 calendar days prior to the date of sale; andSpecify the conditions under which an omitted party's interest may be terminated.(Note: This summary applies to this bill as enacted.)
The act defines 3-dimensional printing to mean additive and subtractive manufacturing. The act prohibits knowingly manufacturing or producing a potentially functioning firearm, unfinished frame or receiver, large-capacity magazine, or rapid-fire device (firearm or firearm component) by 3-dimensional printing. The prohibition does not apply to a federally licensed firearm manufacturer, an instructor or student of an accredited gunsmithing program, or an institution that operates an accredited gunsmithing program. Unlawful 3-dimensional printing of a firearm or firearm component is a class 1 misdemeanor; except that a second or subsequent offense is a class 5 felony. The prohibitions in the act only apply to potentially functional firearms and firearm components.(Note: This summary applies to this bill as enacted.)
The water quality control division (division) administers a program to test for and remediate water quality issues for mobile home parks (program). The program tests for water quality issues that pose a risk to not only health or safety but also the welfare of park residents. The act authorizes the division to require remediation of welfare-related water quality violations. One of the requirements of the program is for the park owner to certify that the park owner has made certain water-quality-related notices to park residents. The act authorizes the division to issue an order requiring the park owner to comply with the park resident notice certification requirement. Under the program, the park owner is prohibited from imposing the cost of compliance with certain remediation-related requirements on park residents. The act authorizes a park owner who is also a park resident to bear this cost. The program authorizes the division to issue orders requiring the park owner to perform additional water testing, perform temporary measures necessary to address acute health risks, make additional reports to the division, create a remediation plan, implement a remediation plan, or respond to the division in connection with a remediation plan. The act clarifies that a park owner may ask for a hearing only regarding the orders that concern remediation plans. The act also clarifies that:The division has authority to enforce the requirements of the program; andThe division has authority to issue cease-and-desist orders to address violations related to the program, regardless of whether the issues are related to water quality violations. The act also provides that:An additional monthly penalty of up to $5,000 for a continuing violation may be imposed for the first 30 days of noncompliance; andA park owner is not entitled to an administrative hearing to contest an imposed civil penalty but may seek judicial review.(Note: This summary applies to this bill as enacted.)
The act requires a law enforcement entity that receives a report alleging an offense involving sexual assault or abuse of a child to conduct a minimal facts interview and record certain information, including the child's name, the alleged offender's name, and a summary of the alleged incident. After receiving the report, a law enforcement entity must notify a child advocacy center within the judicial district where the alleged crime occurred, or another appropriate child advocacy center, within one week after taking the report. The law enforcement entity is required to collaborate with the child advocacy center in requesting a forensic interview for the alleged child victim if the law enforcement entity deems a forensic interview is necessary and appropriate. The act changes the definition of a child witness for purposes of testifying using closed-circuit television from a person who is 12 years old or younger, to a person who is younger than 18 years old. The act requires a judge to make findings on the record regarding a witness who is a child or a person who has an intellectual and developmental disability, specifically, if the witness will suffer serious emotional distress or trauma from courtroom testimony when the defendant is present.(Note: This summary applies to this bill as enacted.)
