Except for conduct in compliance with applicable federal, state, or local law, the bill requires covered and governmental entities in Colorado that maintain paper or electronic documents (documents) that contain personal identifying information (personal information) to develop and maintain a written policy for the destruction and proper disposal of those documents. Entities that maintain, own, or license personal information, including those that use a nonaffiliated third party as a service provider, shall implement and maintain reasonable security procedures for the personal information. The notification laws governing disclosure of unauthorized acquisitions of unencrypted and encrypted computerized data are expanded to specify who must be notified following such unauthorized acquisition and what must be included in such notification. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
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Section 1 of the bill creates the donate to a Colorado nonprofit fund (fund) in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form in the first income tax year: In which the department of revenue (department) has received sufficient funding to implement the program; That begins on or after January 1, 2019; and That begins after a space becomes available and the fund is next in the queue. If the space for the fund becomes available before all three conditions are met, the bill requires the department to hold the space for the fund until all three conditions are met, and to include the line thereafter. The line will allow a taxpayer receiving a refund to designate a contribution to an eligible charitable organization (eligible organization) of their choice. The bill requires the secretary of state to provide a list of eligible organizations. To be eligible, an organization must be registered and in good standing with the secretary under the 'Colorado Charitable Solicitations Act' and be a nonprofit that is tax exempt under section 501 (c)(3) of the internal revenue code. A charity may request to exclude itself from the list. The department will make the list of eligible organizations available to the public and a taxpayer may choose a single charity from the list to receive the contribution through the fund. Once the fund is placed on the form, the department is directed to determine annually the total amount designated to the fund, and the total amounts designated to each eligible organization, and to report those amounts to the state treasurer and the general assembly. The state treasurer is required to credit the total amount to the fund. The bill requires the general assembly to appropriate from the fund to the department, the secretary of state, and the state treasurer their actual, reasonable costs for implementing the fund. After the appropriations for the administration of the fund are deducted, the state treasurer is required to distribute the contributions to the charities as designated by taxpayers after a reduction proportionate to the amount deducted from the fund for administration. The department is not liable to a taxpayer or charity for an error in distributing a contribution. The fund is repealed if the department does not raise sufficient funding to implement the program through gifts, grants, and donations by September 30, 2020. Section 2 excludes the fund from the time limitations and minimum contribution requirements imposed on voluntary contribution funds. It also adds a limitation that a taxpayer cannot contribute to any voluntary contribution fund or combination of voluntary contribution funds in an amount that exceeds the amount of the taxpayer's refund.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates the ability for a family or household member or a law enforcement officer to petition the court for a temporary extreme risk protection order (ERPO). The petitioner must establish by a preponderance of the evidence that a person poses a significant risk to self or others by having a firearm in her or her custody or control or by possessing, purchasing, or receiving a firearm. The petitioner must submit an affidavit signed under oath and penalty of perjury that sets forth facts to support the issuance of a temporary ERPO and a reasonable basis for believing they exist. The court must hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed. After issuance of a temporary ERPO, the court must schedule a second hearing no later than 7 days following the issuance to determine whether the issuance of a continuing ERPO is warranted. If a family or household member or a law enforcement officer establishes by clear and convincing evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm, the court may issue a continuing ERPO. The ERPO would prohibit the respondent from possessing, controlling, purchasing, or receiving a firearm for 182 days. Upon issuance of the ERPO, the respondent shall surrender all of his or her firearms and his or her concealed carry permit if the respondent has one. The respondent may surrender his or her firearms either to a law enforcement agency or a federally licensed firearms dealer. If a person other than the respondent claims title to any firearms surrendered to law enforcement, the firearm shall be returned to him or her. The respondent can motion the court once during the 182-day ERPO for a hearing to terminate the ERPO. The petitioner has the burden of proof at a termination hearing. The court shall terminate the ERPO if the petitioner does not establish by clear and convincing evidence that the respondent continues to pose a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm. The party requesting the original ERPO may request an extension of the ERPO before it expires. The requesting party must show by clear and convincing evidence that the respondent continues to pose a significant risk of causing personal injury to self or others by having a firearm in his or her custody or control or by purchasing, possessing, or receiving a firearm. If the ERPO expires or is terminated, all of the respondent's firearms must be returned. The bill requires the state court administrator to develop and prepare standard petitions and ERPO forms. Additionally, the state court administrator at the judicial department's 'State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act' hearing shall provide statistics related to petitions for ERPOs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill establishes the state access to resources and training grant program for persons experiencing homelessness (START grant program) in the department of local affairs (department). The purpose of the START grant program is to make grant money available to public safety, social services, or nonprofit agencies that have contact with persons experiencing homelessness. A grant recipient shall use grant money only to provide personnel and resources to persons experiencing homelessness. The START grant program is also designed to develop and institute community-centered programs with proactive solutions to provide assistance to persons experiencing homelessness and may include, but need not be limited to, training, work programs, housing vouchers, transportation, counseling or therapy, and food assistance. The department is responsible for establishing procedures, timelines, and criteria for the START grant program. A public safety, social services, or nonprofit agency may apply for a grant, provided it clearly demonstrates a plan for collaboration with municipal or county courts, local law enforcement, local human or social services agencies, and nonprofit agencies that have contact with persons experiencing homelessness. The general assembly is authorized to make an appropriation from the marijuana tax cash fund to fund the START grant program. Each START grant recipient is required to provide a report to the department on activities and outcomes related to the START grant, and the department is required to provide a summary of the outcomes of the START grant program in its annual report to the general assembly. The bill establishes the state access to resources and training grant program for persons experiencing homelessness (START grant program) in the department of local affairs (department). The purpose of the START grant program is to make grant money available to public safety, social services, or nonprofit agencies that have contact with persons experiencing homelessness. A grant recipient shall use grant money only to provide personnel and resources to persons experiencing homelessness. The START grant program is also designed to develop and institute community-centered programs with proactive solutions to provide assistance to persons experiencing homelessness and may include, but need not be limited to, training, work programs, housing vouchers, transportation, counseling or therapy, and food assistance. The department is responsible for establishing procedures, timelines, and criteria for the START grant program. A public safety, social services, or nonprofit agency may apply for a grant, provided it clearly demonstrates a plan for collaboration with municipal or county courts, local law enforcement, local human or social services agencies, and nonprofit agencies that have contact with persons experiencing homelessness. The general assembly is authorized to make an appropriation from the marijuana tax cash fund to fund the START grant program. Each START grant recipient is required to provide a report to the department on activities and outcomes related to the START grant, and the department is required to provide a summary of the outcomes of the START grant program in its annual report to the general assembly. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Under the current language in the constitution, county clerks are required to write a separate retention question for each justice or judge standing for retention. The proposed referendum would allow county clerks to write a single ballot question for each level of courts, shortening and simplifying the ballot. (Note: This summary applies to the reengrossed version of this concurrent resolution as introduced in the second house.) , Read More
The bill requires a provider of commercial mobile radio service in Colorado to make network-level distraction control technology available to the provider's customers so that, at the customer's request, the provider can limit distracting content on an authorized user's mobile electronic device from the network level while the authorized user is driving. The bill specifies that the public utilities commission does not have the authority to regulate, enforce, or promulgate rules regarding the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill specifies that the period of time wherein a tax must be assessed is extended in the case of a taxpayer whose assets are in the control or custody of a court or in the case of a taxpayer who has filed bankruptcy proceedings. The bill also provides clarifications regarding: The department of revenue's authorization to sell a delinquent taxpayer's motor vehicle; Other remedies that a district court has available in the case of a delinquent taxpayer; and When property or rights to property must be surrendered to the executive director of the department of revenue and what the penalties are for failing to surrender such property.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Not more than 30 days after receiving at least $750,000 in gifts, grants, and donations for the purpose of creating and administering a statewide electronic system (system) that allows medical professionals and individuals to upload and access advance directives, the department of public health and environment shall create such a system. 'Advance directive' means: A declaration as to medical treatment; A medical durable power of attorney; A directive relating to cardiopulmonary resuscitation; A medical orders for scope of treatment form; A designated beneficiary agreement; or Any legal form of these types that has been properly executed in another state in accordance with the laws of that state. The department shall contract with one or more health information organization networks for the administration and maintenance of the system during the next year. On or before November 1, 2018, the department shall promulgate rules to administer the system. The system is repealed, effective September 1, 2028. Prior to such repeal, the department of regulatory agencies shall perform a sunset review of the system. (Note: This summary applies to this bill as introduced.) Read More
Under current law, if a person does not cooperate with an investigation by the attorney general or a district attorney regarding a potential deceptive trade practice, the attorney general or district attorney may seek a court order requiring compliance with the investigation. The application for a court order must state why the order is necessary to terminate or prevent a deceptive trade practice. The bill would allow a judge to issue a court order if compliance with an investigation is necessary to investigate a deceptive trade practice. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Contingent on prior voter approval, if a store that meets certain criteria provides any plastic shopping bags to a customer, then the store is required to collect a tax of 25 cents from the customer. The tax is the same regardless of the number of bags provided as part of a transaction, but does not apply if the customer is enrolled in the federal supplemental nutrition assistance program. The store is required to remit the tax revenue to the department of revenue (department) after keeping 1% of the taxes to cover the store's collection and remittance expenses. The department may require a store to make returns and payments electronically. To comply with the Taxpayer's Bill of Rights (TABOR), a ballot issue about the plastic shopping bag tax is referred to the voters at the November 2018 election. If the voters reject the tax, then the entire article containing the tax is repealed. If the voters approve the tax, then the tax will be imposed beginning January 1, 2019. The tax revenue is deposited in the general fund via the old age pension fund. Then, an amount equal to the department's administrative expenses is transferred to the newly created plastic shopping bag tax administration cash fund and the remainder of the tax revenue is deposited in the housing development grant fund. The division of housing in the department of local affairs is required to use the money in the housing development grant fund for the existing purposes of the fund, which is to improve, preserve, or expand the supply of affordable housing in Colorado. (Note: This summary applies to this bill as introduced.) , Read More