Electioneering communications - disclosure during period between primary and general election - disclaimer requirement. The state constitution defines an "electioneering communication" to mean certain communication that unambiguously refers to a candidate that is disseminated to the public within 30 days before a primary election or within 60 days before a general election. For purposes of campaign finance disclosure, the act expands the definition of this term in the "Fair Campaign Practices Act" to include any communication that satisfies all other requirements of the definition of the term specified in the state constitution but that is broadcast, printed, mailed, delivered, or distributed between the primary election and the general election. The act also requires any person who expends $1,000 or more per calendar year on electioneering communications or regular biennial school electioneering communications to state in the communication the name of the person making the communication in accordance with existing statutory requirements for communication constituting an independent expenditure. (Note: This summary applies to this bill as enacted.) Read More
Sponsored bills
Current law directs a state or local agency, when deciding whether to issue a license or permit, to consider an individual's criminal record in determining whether the individual is of good moral character. The bill changes the determination to consider whether the individual is qualified. The bill adds to the factors that an agency considers whether the applicant will be directly responsible for the care of individuals susceptible to abuse or mistreatment. The bill also prohibits a state or local agency from taking adverse action concerning a license or permit or not extending an offer of employment if an individual has been arrested but not charged, or has been convicted but pardoned, had the conviction record sealed, or had a collateral order entered concerning the conviction. The bill authorizes the department of regulatory agencies (department) to issue a conditional license to a person who has a criminal conviction and requires the department to delete and keep confidential the conditional designation if the person has no subsequent conviction when applying for renewal or within 2 years unless the department determines that the conditional designation remains necessary. For sunset review hearings conducted after review by the department, the bill requires the collection of data concerning licensing and registration action taken due to specified criminal justice actions. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sentencing in the Criminal Justice System Interim Study Committee. Current law repeals the Colorado commission on criminal and juvenile justice, effective July 1, 2018. The bill extends the repeal date to July 1, 2023, and requires the department of regulatory agencies to perform a sunset review of the commission prior to such repeal. The bill adds 4 new voting members to the commission and reduces the number of at-large members from 3 to 2, thereby increasing the number of voting members of the commission from 26 to 29. The bill requires the commission to annually request a letter from the governor suggesting topics for the commission to study. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Current law has separate collateral relief sections for when a court orders an alternative sentence, probation, or community corrections. The bill combines collateral relief provisions into one section and authorizes a court to enter an order for collateral relief at the time of conviction of a defendant or any time thereafter. The bill requires a fingerprint-based criminal history record check only if the hearing is held after sentencing. The bill adds the authority for a juvenile court to enter an order for collateral relief using the same process as criminal courts. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under existing law, the department of revenue (department) may not issue or renew, or may cancel, a driver's license if the applicant or license holder has outstanding warrants or has failed to pay certain monetary judgments relating to traffic violations. The bill prohibits the department from denying or canceling a driver's license when the applicant or license holder has failed to pay a monetary judgment relating to a traffic violation or has used public transportation without paying the fare. Under existing law, an outstanding judgment or warrant relating to any municipal violation committed when the applicant or license holder was under 18 years of age must result in the denial or cancellation of the driver's license. The bill limits such denials or cancellations to when the outstanding warrant is for a traffic violation that occurred when the applicant or license holder was under 18 years of age. (Note: This summary applies to this bill as introduced.) , Read More
A low-income senior or individual with a disability is currently eligible for 2 types of annual state assistance grants administered by the department of revenue related to his or her property: A grant for their property taxes or rent paid, with the latter being deemed a tax-equivalent payment (property tax and rent assistance grant), and a grant for heat or fuel expenses (heat assistance grant). Together these are commonly known as the 'PTC' rebate. The bill expands the property tax and rent assistance grant by repealing the requirement that rent must be paid to a landlord that pays property tax. For grants claimed for 2018, the bill also increases the: Maximum property tax and rent assistance grant from $700 to $753; Maximum heat assistance grant from $192 to $206; and Flat grant amount, which is the minimum grant amount, from $227 to $244 for the property tax and rent assistance grant and from $73 to $78 for the heat assistance grant, assuming that the actual expenses exceed these amounts. All of these increases reflect inflationary growth since 2014, and all of these amounts will continue to be adjusted annually for inflation. Under current law, the maximum eligible income amounts and the phase-out amount are also annually adjusted for inflation, albeit without being defined as such. The amounts specified for grants claimed for 2018 are the inflation-adjusted amounts, and they will continue to be adjusted for inflation in the future. Obsolete provisions relating to grants claimed for past years are repealed and other provisions relating to grants prior to 2018 are repealed after they become obsolete in the future. (Note: This summary applies to this bill as introduced.) , 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
Sentencing in the Criminal Justice System Interim Study Committee. Under current law, the length of a mandatory parole sentence for a class 2 and 3 felony is 5 years. The bill lowers the length of mandatory parole for a class 2 felony if the offense is not a crime of violence and a class 3 felony to 3 years.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Current law provides 2 definitions by which an offender in the custody of the department of corrections (department) may be considered a 'special needs offender'. The first definition describes a person 'who is 60 years of age or older and has been diagnosed by a licensed health care provider who is employed by or under contract with the department as suffering from a chronic infirmity, illness, condition, disease, or behavioral or mental health disorder and the department or the state board of parole (parole board) determines that the person is incapacitated to the extent that he or she is not likely to pose a risk to public safety'. The bill amends this definition by changing '60 years' to '55 years'. The bill also adds a third definition by which such an offender may be considered a 'special needs offender'. That is, an offender who, as determined by a licensed health care provider who is employed by or under contract with the department, on the basis of available evidence, not including evidence resulting from a refusal of the person to accept treatment, does not have a substantial probability of being restored to competency for the completion of any sentence and is not likely to pose a risk to public safety. Under current law, if the department recommends to the parole board that an offender be released to parole as a special needs offender, the parole board may deny parole only by a majority vote of the parole board. The bill states that to deny parole under such conditions, the parole board must also make a finding that granting parole would create a threat to public safety and that the offender is likely to commit an offense. The bill states that if, prior to or during any parole hearing, the parole board or any member of the parole board has a substantial and good-faith reason to believe that the offender is incompetent to proceed, the parole board shall suspend all proceedings and notify the trial court that imposed any active sentence, and the court shall determine the competency or incompetency of the offender. The court shall appoint counsel to represent the offender with respect to the determination of competency, but the presence of the offender is not required for any court proceedings unless good cause is shown. For any offender who is granted special needs parole, the parole board shall set the length of the parole for an appropriate time period of at least 6 months but not exceeding 36 months. At any time during such an offender's parole, the parole board may revise the duration of the offender's parole. However, in no case may such an offender be required to serve a period of parole in excess of the period of parole to which he or she would otherwise be sentenced, or 36 months, whichever is less. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill applies to certain consumer and employment arbitrations and: Establishes ethical standards for arbitrators; Specifies that any party may challenge in court the impartiality of an arbitrator or arbitration services provider; Requires specified disclosures by arbitrators and arbitration services providers; Authorizes injunctive relief against an arbitrator or arbitration services provider who engages in certain specified acts; and Specifies that a right conferred by the bill may not be waived prior to a demand or filing of a claim and only afterward by a signed waiver.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More