The bill requires an entity that provides electronically accessible educational materials to a public school or school district to equip the materials with computer software or a filter service that prohibits access to material that is harmful to children or obscene. A parent or legal guardian may bring a civil action against an entity that provides electronically accessible educational materials and that violates this requirement if the parent's child viewed material that is harmful to a child or obscene through the material provided by the entity. The parent or legal guardian is entitled to injunctive relief, the greater of a fine in the range of $1,000 to $5,000 for each violation or actual damages incurred as a result of each violation, exemplary damages, and reasonable attorney fees and costs. It is an affirmative defense if the entity equips the materials with computer software or a filter service that prohibits access to material that is harmful to children or obscene. The bill requires each school district or public school to ensure that any database provided by an entity accessible to students is equipped with computer software or a filter service that prohibits access to material that is harmful to children or obscene by that entity, and each computer or other electronic device that a student may have access to is equipped with computer software or a filter service that prohibits access to material that is harmful to children or obscene. (Note: This summary applies to this bill as introduced.) Read More
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The bill clarifies in the Colorado Children's Code and in the 'School Attendance Law of 1963' that a 'delinquent act' does not include truancy or habitual truancy. A child who is habitually truant and who refuses to follow a plan to rehabilitate his or her truancy may be subject to various sanctions by the court in a truancy proceeding. The court shall not sentence a child or youth to detention as a sanction for contempt of court in a truancy proceeding unless it determines such detention is in the best interest of the child or youth as well as the public. In making such a finding, the court is required to consider several factors related to the child or youth, truancy, and the use of detention. A judge or magistrate may issue a warrant authorizing the taking into temporary custody of a child or youth who has failed to appear for a court hearing for a truancy or contempt action. Any such warrant must allow for release of the child or youth from temporary custody on an unsecured personal recognizance bond, cosigned by the child's or youth's parent or legal guardian or, if applicable, a representative of the department of human services. In the alternative, the warrant may, if the court is in session, direct that the child or youth be arrested and taken directly to court for an appearance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, effective January 1, 2019, the limitation on the maximum alcohol content of fermented malt beverages, also referred to as '3.2% beer', is eliminated, thereby allowing grocery stores, convenience stores, and any other person currently licensed or licensed in the future to sell fermented malt beverages for consumption on or off the licensed premises to sell fermented malt beverages containing more than 3.2% alcohol by weight or 4% alcohol by volume, referred to as 'malt liquor'. The bill modifies laws governing the retail sale of fermented malt beverages, which will be synonymous with malt liquor as of January 1, 2019, as follows: Effective January 1, 2019, prohibits a fermented malt beverage retailer's employees who are under 21 years of age from selling, dispensing, delivering, handling, or otherwise having any contact with malt liquor for sale on or sold and removed from the licensed premises ( sections 3 and 11 of the bill); As of the effective date of the bill, eliminates the fermented malt beverage retailer's license type that allows a retailer to sell malt liquor for consumption both on and off the licensed premises and prohibits renewal of existing on- and off-premises licenses on or after that date ( sections 2 and 4 ); For fermented malt beverage retailer licenses authorizing the sale of malt liquor for off-premises consumption issued or renewed on or after January 1, 2019, the retailer: Must derive at least 20% of its gross annual sales revenues from the sale of food items; cannot sell malt liquor to consumers at a price that is below the retailer's cost to purchase the malt liquor, with limited exceptions; cannot allow customers to use a self-checkout mechanism to purchase malt liquor; may operate under a single or consolidated corporate entity but cannot commingle purchases for multiple licensed premises to secure a better wholesale price based on total product volume purchased; and may deliver fermented malt beverages to customers of legal age under the same conditions applicable to retail liquor store and liquor-licensed drugstore licensees ( section 4 ); As of the effective date of the bill, prohibits the state and local licensing authorities from issuing a new fermented malt beverage retailer's license authorizing the sale of malt liquor for off-premises consumption or allowing a fermented malt beverage retailer to relocate its licensed premises, if the licensed premises is or will be located within 1,500 feet of a licensed retail liquor store; for a premises located in a municipality with a population of 10,000 or fewer, within 3,000 feet of a licensed retail liquor store; or for a premises located in a municipality with a population of 10,000 or fewer that is contiguous to the city and county of Denver, within 1,500 feet of a licensed retail liquor store ( section 5 ); As of the effective date of the bill, precludes issuance of a new fermented malt beverage retailer's license or the relocation of an existing fermented malt beverage retail licensed premises if the building in which malt liquor will be sold is located within 500 feet of a school, unless an exception applies or the local licensing authority or local governing body authorizes an exception within its jurisdiction ( section 7 ); Prohibits the sale of malt liquor in a sealed container by a fermented malt beverage retailer on Christmas day ( section 11 ); and Requires a licensed fermented malt beverage retailer to check the identification of its customers who attempt to purchase malt liquor to verify each customer is at least 21 years of age ( section 11 ). With regard to the retail sale of malt, vinous, or spirituous liquors by retail liquor stores or liquor-licensed drugstores, the bill: Modifies requirements pertaining to the delivery of malt, vinous, or spirituous liquors by a retail liquor store or liquor-licensed drugstore to: Require the delivery to be made by a store employee who is at least 21 years of age and is using a store-owned or store-leased vehicle; require the person delivering the product to verify that the person receiving the delivery is at least 21 years of age; and limit total sales revenues from delivered alcohol beverage products to 50% of gross annual alcohol beverage sales ( sections 8 and 9 ); Modifies provisions governing tastings conducted at a retail liquor store or liquor-licensed drugstore, including allowing tastings to be conducted: Between 11 a.m. and 9 p.m.; on up to 156 days per year; and by a representative of the alcohol beverage supplier ( section 5 ); Specifies that if an employee or representative of an alcohol beverage supplier pours or serves the supplier's product during a tasting at a retail establishment, that service does not constitute labor provided by a supplier to a retail licensee ( section 6 ); Applies the 1,500-foot radius restriction, rather than the 3,000-foot restriction, to a retail liquor store or liquor-licensed drugstore premises located in a municipality with a population of 10,000 or fewer that is contiguous to the city and county of Denver ( sections 5, 8, and 9 ); Prohibits a retail liquor store from selling alcohol beverages to consumers at a price that is below the retailer's cost to purchase the alcohol beverages, with limited exceptions, and allows the same exceptions to the restriction on below-cost sales applicable to liquor-licensed drugstores under current law ( sections 8 and 9 ); Allows retail liquor store and liquor-licensed drugstore licensees with multiple locations to operate under a single or consolidated corporate entity but prohibits commingled purchases for multiple licensed premises to secure a better wholesale price based on total product volume purchased ( sections 8 and 9 ); and Allows a liquor-licensed drugstore that applied for its license after July 1, 2016, to obtain additional liquor-licensed drugstore licenses, if obtained in the manner specified in current law for other liquor-licensed drugstores to obtain additional licenses, as follows: a maximum of 2 licenses between January 1, 2019, and January 1, 2022; a maximum of 3 licenses between January 1, 2022, and January 1, 2027; and a maximum of 4 licenses on or after January 1, 2027 ( section 9 ). Current law prohibits the public consumption of malt, vinous, and spirituous liquors except on a premises licensed to sell alcohol beverages for consumption on the licensed premises. Section 11 includes fermented malt beverages within the prohibition against public consumption and authorizes a state or local government entity, by rule, ordinance, or resolution, as applicable, to authorize public consumption of any type of alcohol beverage within the government entity's jurisdiction. With regard to the enforcement authority of the state and local licensing authorities, section 10 : Specifies the fine amount, if a fine is imposed, when a licensed retail establishment sells alcohol beverages to minors or to visibly intoxicated persons; and In determining the suspension or fine to impose for that violation, precludes consideration of violations that occurred more than 5 years before the current violation. Section 12 authorizes the state licensing authority to adopt, and requires retailers to comply with, rules prohibiting retailers from accepting an extension of credit from a distributor for more than 30 days. $87,592 is appropriated from the liquor enforcement division and state licensing authority cash fund to the department of revenue to implement the bill, with $10,656 reappropriated to the department of law to provide legal services to the department of revenue. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
With limited exceptions, current law prohibits a licensing authority from receiving or acting upon a license application under the 'Colorado Liquor Code' for the retail sale of alcohol beverages if the building in which the alcohol beverages will be sold is located within 500 feet of a public or parochial school or a college, university, or seminary. A local government may eliminate or reduce the distance restrictions. The bill applies the same distance restrictions, with the same limited exceptions and authority of a local government to reduce or eliminate the restrictions, to any fermented malt beverage retailer licensed on or after the effective date of the bill under the 'Colorado Beer Code' to sell fermented malt beverages at retail or any fermented malt beverage retailer that applies on or after the effective date of the bill to relocate its licensed premises. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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The bill establishes a test for determining whether a marketplace contractor is considered an 'employee' under the 'Workers' Compensation Act of Colorado' and whether services provided by a marketplace contractor are considered 'employment' under the 'Colorado Employment Security Act'. The bill defines a 'marketplace contractor' as a person that enters into a written agreement with a marketplace platform to use the platform's online-enabled application, software, website, or system to receive services requests from third parties seeking the types of services offered by the contractor. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill extends the motor vehicle emissions inspection cycle for 1982 and newer model motor vehicles from every 2 years to every 4 years and specifies that a motor vehicle does not fail an emissions inspection solely because a check-engine light is illuminated on the motor vehicle's dashboard. (Note: This summary applies to this bill as introduced.) , Read More
Under current law, each school district, board of cooperative services that operates a school, and charter school (local education provider) must adopt a written policy and procedure by which a parent may excuse his or her student from participating in the state assessments. The bill clarifies that the local education provider determines whether notice from the parent must be in writing. Under current law, a local education provider shall not punish a student whose parent excuses him or her from taking a state assessment. The bill clarifies that a local education provider also shall not prohibit the student from participating in an activity or receiving any other form of reward that recognizes participation in the state assessments. . If the department of education or the state board of education receives a parent complaint concerning a local education provider's implementation of the statute concerning students excused from taking assessments, the department must notify the local education provider of the nature of the complaint. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More