Sen. Steve Fenberg

The bill authorizes each licensed medical marijuana center or retail marijuana store to establish one retail marijuana accessory consumption establishment (establishment) that may sell marijuana, marijuana concentrate, and marijuana-infused products for consumption, other than smoking, at the establishment. The bill contains requirements for obtaining endorsements, authorizing an establishment, and required actions and prohibited actions for persons operating an establishment. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Section 1 of the bill allows a person on parole to preregister to vote. A person who preregisters is required to meet all the requirements of a person who registers. When the secretary of state (secretary) receives notice that the person has been discharged from parole, the person is automatically registered to vote. Section 2 makes a conforming amendment to the self-affirmation made by a person who is registering or preregistering. Section 3 requires the division of adult parole (division) to facilitate the voting rights of people being discharged from parole. The division is required to provide information to individuals on parole about their right to preregister to vote. When a person is being discharged from parole, the division is required to provide information about the person's right to vote, how the person can register or update their registration, how to obtain and cast a ballot, and how to get voter information materials. The division must send a report of individuals being discharged from parole to the secretary in order to allow the registration of any individual who has preregistered. Section 4 requires a probation officer to provide information to an individual on probation about the person's right to vote, how the person can register or update their registration, how to obtain and cast a ballot, and how to get voter information materials. The bill appropriates funds to the department of corrections, the office of information technology, and the department of state to implement its requirements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill makes the following technical modifications to miscellaneous provisions of the 'Uniform Election Code of 1992' (code): Section 1 of the bill clarifies that any undeliverable message or any other message indicating that the elector's electronic-mail address is no longer valid does not need to be stored in the statewide voter registration system. Section 2 specifies voter registration requirements pertaining to a homeless elector. Section 3 clarifies that existing requirements prohibiting a loss of voter registration status while a person is confined in a correctional facility, jail, or state institution apply when the person is not serving a sentence for a felony conviction. Section 3 also clarifies that existing requirements permitting a confined prisoner who is awaiting trial or has not been tried to register to vote also applies to a prisoner who is not serving a sentence for a felony conviction. This section further adds that all such prisoners may list their confinement location as their ballot address for voter registration purposes. Section 4 clarifies the text of certain questions an elector answers upon registering and adds as a question the address where the elector wishes to receive his or her ballot if different from the address of record. Section 41 makes a conforming change to the definition of 'confirmation card'. Section 5 clarifies the information a prospective elector must provide when registering to vote at a driver's license examination facility. This section also makes changes to existing statutory provisions to facilitate the registration of electors at such facilities. Section 6 specifies that a declaration or change of affiliation made by an unaffiliated elector must be deferred if the elector has already been mailed a primary election ballot packet. The deadline by which the elector must declare, change, or withdraw an affiliation only applies to a primary election and does not apply to a general or coordinated election. Section 7 requires the department of state, no later than July 31, 2019, to regularly provide the department of revenue (DOR) with current voter registration information. The DOR must use the information to determine whether an individual is registered to vote at the time he or she applies to obtain, renew, or update a driver's license or state identification card. Section 8 changes the deadlines for registering to vote in advance of a political party caucus, assembly, or convention and for affiliating with the political party in advance of such events. Section 9 requires the state central committee of each major political party to compile and provide to the secretary of state (secretary) information concerning the membership of the county central committees of the party in addition to the bylaws or rules of each county central committee. Section 10 prohibits an unaffiliated elector from signing a petition for a candidate of a major political party. Section 11 prohibits a write-in vote for president in a general election from being counted unless it includes a write-in vote for vice-president. Section 12 deletes an existing statutory requirement that a copy of the notice of the cancellation of an election be posted at each voter service and polling center (VSPC) of the political subdivision. Sections 13 and 42 repeal statutory language requiring the county clerk and recorder (county clerk) to prepare a combined primary election ballot to be used by unaffiliated electors. Section 14 clarifies the certification requirements for election judges such that they will be certifying that they are residents of the state and deletes language requiring them to certify that they reside in the political subdivision. Section 14 also changes the date in advance of an election when classes for training election or supervisor judges must be held. Section 15 changes the deadline by which the appropriate official of a minor political party must certify to the county clerk an initial list of the names and addresses of electors serving as election judges. Section 16 changes the deadline by which any unaffiliated elector may give notice to the county clerk offering to serve as an election judge. Sections 17, 18, and 19 replace the term 'precinct' with 'VSPC' in 3 statutory sections addressing election and supervisor judges. Section 17 requires the county clerk to appoint election judges for each location where election activities are occurring instead of for each precinct as under existing law. This section also permits the county clerk to appoint an election judge to serve in a county other than the county in which the election judge resides. If more than one supervisor judge is serving at a VSPC, section 19 also requires the judges to be of different political party affiliations. Section 20 replaces the term 'polling location' with 'VSPC' in a statutory section dealing with the number of election judges. Section 21 repeals an outdated statutory section requiring, where voting is by ballot or on a ballot card, a particular counting of the ballots and the sealing of the transfer box. Section 20 also repeals outmoded provisions concerning preparation of the paper tape in electronic voting. Section 22 changes the deadline by which comments pertaining to a ballot issue must be filed with the political subdivision. Section 23 changes, for referred ballot measures, the deadline by which petition representatives are required to submit to the political subdivision comments favorable to the petition. Section 24 changes the deadline by which the designated election official of a political subdivision (DEO) is required to submit to the county clerk the full text of any required ballot issue notices. Sections 25, 26, 27, and 29 eliminate the general requirement that a secrecy envelope or sleeve be included in a mail ballot packet. Section 26 also modifies the language used for instructing the elector on completing a mail ballot. Section 29 also requires the county clerk to ensure the privacy of each elector's vote when election judges are removing and separating marked ballots from return envelopes and specifies actions that must be taken by the county clerk if he or she chooses not to include a secrecy envelope or sleeve in the mail ballot packet. Section 28 also changes the deadline by which a DEO is required to provide a mail ballot to a registered elector who requests the ballot at the DEO's office or the office designated in the mail ballot plan filed with the secretary. Section 30 repeals statutory provisions governing the process of applying for an absentee ballot. Section 31 provides that, if the declaration accompanying a federal write-in absentee ballot is received after the election, it is to be treated as an application to register to vote for subsequent elections. Section 32 changes the deadline by which the DEO is to complete the verification and counting of all provisional ballots. Section 33 changes the deadline by which the canvass board is to complete its duties. In the case of an election that includes a statewide ballot measure, section 34 changes the deadline by which the county clerk is to transmit to the secretary the portion of the abstract of votes cast that contains the statewide abstract of votes cast. Section 34 also changes the deadline by which the secretary is to compile and total election returns, determine if a recount is necessary, and order any recounts. Section 35 changes the deadline by which the canvass board is to certify to the DEO the official abstract of votes cast for all candidates and ballot measures in the election. Section 36 deletes a requirement that the secretary notify the affected county clerk of a recount for congressional, state and district offices, state ballot questions, and state ballot issues by means of registered mail and facsimile transmission. Section 36 also changes the deadline for completing the recount. Section 37 changes the deadline by which a recount of other offices, ballot issues, and ballot questions arising out of an election coordinated by the county clerk is to be completed and also changes another deadline affecting the notice to be given to the county clerk by a political subdivision where a recount is being waived. Section 38 changes the deadlines by which an interested party is to submit a notarized written request for a recount and by which an automatic recount is to be completed. Section 39 changes the manner of calculating the number of signatures required for a petition to recall a school district director. Section 40 changes the deadline by which a signer may request that his or her name be stricken from a recall petition.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill requires the department of higher education (department) to prepare an annual return on investment report of undergraduate degree programs and certificate programs offered at each institution of higher education, as defined in the bill. The bill specifies the information and analysis that must be included in the return on investment report, which includes, in part, the average student loan debt for students in the undergraduate degree program or certificate program, and the average time to completion for students in the degree program or certificate program. The department shall submit the annual return on investment report to the education committees of the general assembly and shall post the report on the department's website. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The concurrent resolution amends the state constitution to create the independent legislative redistricting commission (commission) to divide the state into state senate and state representative legislative districts. Specifically, the concurrent resolution: Specifies that the commission is appointed after each federal decennial census of the United States; Specifies that the commission consists of 12 members, 4 of whom must be registered with the state's largest political party, 4 of whom must be registered with the state's second largest political party, and 4 of whom must not be registered with any political party; Establishes the qualifications to serve on the commission and the method by which commissioners are appointed; Authorizes the commission to adopt rules and specifies how the commission is staffed, how the commission is funded, how the commission is organized, and sets forth the ethical obligations of the commissioners; Requires the commission to provide the opportunity for public involvement, including multiple hearings, the ability to propose maps, and to testify at commission hearings, and requires hearings to comply with state statutes regarding open meetings; Mandates that paid lobbying of the commission be disclosed to the secretary of state by the lobbyist within 72 hours of when the lobbying occurred or when the payment for lobbying occurred, whichever is earlier; Establishes prioritized factors for the commission to use in drawing districts, including federal requirements, the preservation of communities of interest and political subdivisions, and maximizing the number of competitive districts; Prohibits the commission from approving a map if it has been drawn for the purpose of protecting one or more members of or candidates for state legislative office or a political party, and codifies current federal law and related existing federal requirements prohibiting maps drawn for the purpose of or that results in the denial or abridgement of a person's right to vote or electoral influence on account of a person's race, ethnic origin, or membership in a protected language group; Requires at least 8 of the 12 commissioners, including at least 2 of the commissioners who are not registered with any political party, to approve a redistricting map and specifies the date by which a final map must be approved; Specifies that nonpartisan staff will draft a preliminary redistricting map and up to 3 additional maps, and, in the event of deadlock by the commission, creates a process by which nonpartisan staff submit a final map to the Supreme Court for review based on specified criteria; and Allows for judicial review of a commission approved or nonpartisan staff submitted redistricting map, and limits Supreme Court review to whether the commission or the staff committed an abuse of discretion.(Note: This summary applies to the reengrossed version of this concurrent resolution as introduced in the second house.) , Read More

The concurrent resolution amends the state constitution to create the independent congressional redistricting commission (commission) and to transfer the general assembly's responsibility to divide the state into congressional districts to the commission. Specifically, the concurrent resolution: Specifies that the commission is appointed after each federal decennial census of the United States; Specifies that the commission consists of 12 members, 4 of whom must be registered with the state's largest political party, 4 of whom must be registered with the state's second largest political party, and 4 of whom must not be registered with any political party; Establishes the qualifications to serve on the commission and the method by which commissioners are appointed; Authorizes the commission to adopt rules and specifies how the commission is staffed, how the commission is funded, how the commission is organized, and sets forth the ethical obligations of the commissioners; Requires the commission to provide the opportunity for public involvement, including multiple hearings, the ability to propose maps, and to testify at commission hearings, and requires hearings to comply with state statutes regarding open meetings; Mandates that paid lobbying of the commission be disclosed to the secretary of state by the lobbyist within 72 hours of when the lobbying occurred or when the payment for lobbying occurred, whichever is earlier; Establishes prioritized factors for the commission to use in drawing districts, including federal requirements, the preservation of communities of interest and political subdivisions, and maximizing the number of competitive districts; Prohibits the commission from approving a map if it has been drawn for the purpose of protecting one or more members of or candidates for congress or a political party, and codifies current federal law and related existing federal requirements prohibiting maps drawn for the purpose of or that results in the denial or abridgement of a person's right to vote or electoral influence on account of a person's race, ethnic origin, or membership in a protected language group; Requires at least 8 of the 12 commissioners, including at least 2 of the commissioners who are not registered with any political party, to approve a redistricting map and specifies the date by which a final map must be approved; Specifies that nonpartisan staff will draft a preliminary redistricting map and up to 3 additional maps, and, in the event of deadlock by the commission, creates a process by which nonpartisan staff submit a final map to the Supreme Court for review based on specified criteria; and Allows for judicial review of a commission approved or nonpartisan staff submitted redistricting map, and limits Supreme Court review to whether the commission or the staff committed an abuse of discretion.(Note: This summary applies to the reengrossed version of this concurrent resolution as introduced in the second house.) , Read More

Currently the Colorado constitution defines industrial hemp. The resolution would define industrial hemp pursuant to the federal statutory definition or as it is defined in state statute. (Note: This summary applies to the reengrossed version of this concurrent resolution as introduced in the second house.) , Read More

Section 1 adds a nonstatutory short title. Section 2 of the bill makes legislative findings. Section 3 adds 'preference point' to the documents listed under the definition of 'license'. Sections 4 and 12 add 'sponsorships', 'contributions', and 'donations' to the list of money transfers that the parks and wildlife commission (commission) is authorized to receive and expend. Sections 5 and 9 change the name of the wildlife management public education advisory council to the wildlife council. Section 6 raises the amount of residential and nonresidential license fees, stamp fees, and surcharges for certain hunting and fishing activities. Section 6 also: Authorizes the commission to apply a consumer price index adjustment to hunting and fishing fees; establishes an annual residential youth fishing fee; and, together with section 7 , moves a reference to the state migratory waterfowl stamp fee amount. Section 7 also allows the division of parks and wildlife (division) to grant up to 25% of the money derived from sales of the state migratory waterfowl stamp to nonprofit organizations implementing the North American waterfowl management plan. Section 8 authorizes the commission to establish by rule a special licensing program for young adult hunters and anglers. Section 10 requires the division to prepare reports on increased licensing fees and to present the reports to the agricultural committees in the house of representatives and the senate. Section 11 removes the restriction on the commission's ability to raise or lower park fees and charges only if the commission reasonably anticipates that the annual revenues from the fees and charges will not increase by more than 20% above the annual amount earned from fees and charges as they existed on July 1, 2011. Section 11 also establishes a maximum fee increase that the commission may impose by rule for park passes in any one year as a one-dollar increase for a daily park pass and a $10 increase for an annual park pass. Section 13 removes the $200,000 limitation on the amount that may be held in the stores revolving fund, which fund is maintained for acquiring stock for warehousing and distributing supplies for retail sales to visitors, and requires that the fund be continuously appropriated. Section 14 removes the $5 cap on the fee that the division may charge a person to replace a lost or destroyed pass or registration. The fee may be set by the commission by rule in an amount up to 50% of the cost of the original pass or registration. Section 15 removes a requirement that an aspen leaf annual park pass be affixed to the vehicle for which the pass was issued. Section 16 directs the commission to determine, by rule, how the columbine annual park pass will be displayed to enter a state park or recreation area. Section 17 authorizes the commission to establish fees by rule for daily and annual passes for individuals entering state parks or state recreation areas by means other than by motor vehicle.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill requires an entity that services a student education loan to be licensed by the administrator of the 'Uniform Consumer Credit Code'. 'Servicing' means receiving a scheduled periodic payment from a student loan borrower, applying the payments of principal and interest with respect to the amounts received from a student loan borrower, and similar administrative services. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Section 2 of the bill addresses independent expenditures, meaning purchases expressly advocating the election or defeat of a candidate that are not controlled by or coordinated with a candidate. Under current law, a major independent expenditure that is broadcast, printed, mailed, or delivered must be accompanied by a disclaimer statement. Section 2 expands these forms of communication necessitating the disclosure statement to include communication placed on a website, streaming media service, or online forum for a fee. Section 2 additionally replaces the term 'circulated' with 'distributed' to modify all other forms of communication triggering the disclaimer requirement. Section 2 also modifies the components of the disclaimer statement to: Include online video or audio communication in addition to broadcast communication; and Clarify that nonbroadcast communication includes online communications. Under current law, an issue committee making an expenditure in excess of $1,000 on a communication that supports or opposes a statewide ballot issue or ballot question and that is broadcast by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, or otherwise distributed must disclose in the communication produced by the expenditure the name of the issue committee making the expenditure. Section 3 modifies these disclosure requirements by: Imposing the disclosure requirements on all candidate committees, political committees, issue committees, small donor committees, political organizations, political parties, and other persons, and not just issue committees, by requiring those committees, organizations, parties, and other persons spending in excess of $1,000 per calendar year on certain communications to include in the communication a disclaimer statement; and Expanding the nature of the communication triggering a disclaimer statement from a communication supporting or opposing a statewide ballot issue or ballot question and that is broadcast by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, or otherwise distributed to any communication that is broadcast, printed, mailed, delivered, placed on a website, streaming media service, or online forum for a fee, or that is otherwise distributed. Section 3 also requires any person who expends $1,000 or more per calendar year on any electioneering communication or any regular biennial school electioneering communication to include in such communication a disclaimer statement for communications for which disclosure is required. Current law also requires that the disclaimer be printed on the communication clearly and legibly in a conspicuous manner. Section 3 requires that the disclaimer statement conform to the requirements specified in current law for disclaimers for large independent expenditures with respect to content, size, duration, and placement. The bill deletes other existing requirements pertaining to the disclaimer. Any person who believes that a violation has occurred of disclaimer requirements is authorized to file a complaint with the secretary of state in accordance with existing statutory provisions governing enforcement of the state's campaign finance laws. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More