Under current law, a marijuana transporter license cannot be transferred with a change of ownership. The act removes this prohibition. (Note: This summary applies to this bill as enacted.)
The act states that in a class action under the "Colorado Consumer Protection Act", a successful plaintiff may recover actual damages, injunctive relief allowed by law, and reasonable attorney fees and costs. (Note: This summary applies to this bill as enacted.)
Under current law, a seller, lessor, or company issuing a credit or charge card is prohibited from imposing a surcharge against a person who elects to pay for a sales or lease transaction by using a credit or charge card. The act:Repeals the prohibition; and Limits the maximum surcharge amount per transaction to 2% of the total cost to the buyer or lessee for the sales or lease transaction or the merchant discount fee, which is defined as the actual fee that a seller or lessor (merchant) pays its processor or service provider to process the transaction. A merchant is required to display notice regarding the surcharge on the merchant's premises or, for online purchases, before an online customer's completion of the sales or lease transaction.The act clarifies that a merchant is prohibited from applying the surcharge to cash or check payments, debit card payments, or payments made by redemption of a gift card.If a merchant imposes a surcharge in violation of the act, the merchant is subject to liability as a creditor under the "Uniform Consumer Credit Code".(Note: This summary applies to this bill as enacted.)
The act creates personal data privacy rights and:Applies to legal entities that conduct business or produce commercial products or services that are intentionally targeted to Colorado residents and that either: Control or process personal data of at least 100,000 consumers per calendar year; or Derive revenue from the sale of personal data and control or process the personal data of at least 25,000 consumers; and Does not apply to certain specified entities including state and local governments and state institutions of higher education, personal data governed by listed state and federal laws, listed activities, and employment records. The act defines a "controller" as a person that, alone or jointly with others, determines the purposes and means of processing personal data. A "processor" means a person that processes personal data on behalf of a controller. Consumers have the right to opt out of a controller's processing of their personal data; access, correct, or delete the data; or obtain from a controller a portable copy of the data.The act:Specifies how controllers must fulfill duties regarding consumers' assertion of their rights, transparency, purpose specification, data minimization, avoiding secondary use, care, avoiding unlawful discrimination, and sensitive data; Requires controllers to conduct a data protection assessment for each of their processing activities involving personal data that present a heightened risk of harm to consumers, such as processing for purposes of targeted advertising, profiling, selling personal data, or processing sensitive data; and Specifies that a violation of its requirements is a deceptive trade practice for purposes of enforcement, but the act may be enforced only by the attorney general or district attorneys. Local governments are preempted from adopting laws that govern the processing of personal data by controllers or processors. The attorney general may promulgate rules to administer the act and is required to adopt rules detailing technical specifications for a universal opt-out mechanism that controllers must use.(Note: This summary applies to this bill as enacted.)
The act replaces the integrated gasification combined cycle (IGCC) program, which was repealed in 2019, with a mechanism by which an investor-owned utility seeking to implement an innovative energy technology project may apply to the public utilities commission (PUC) to acquire resources that demonstrate the use of innovative, zero-emission technologies for energy generation and storage. To qualify for cost recovery, the utility's expenditures must be determined by the PUC to have been prudently incurred and the utility's return on investment may not exceed the return on a comparably sized photovoltaic or wind-electric generation facility.(Note: This summary applies to this bill as enacted.)
The act repeals the department of revenue's (department) discretionary authority to take administrative action to:Cancel, deny, or deny renewal of a person's driver's license: For unlawful or fraudulent use or conviction of misuse of license, titles, permits, or license plates; Because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation committed when the person was under 18 years of age; or Because the person failed to pay a judgment for using public transportation without paying the fare; and Cancel, deny, or deny renewal of a person's driver's license or identification card because the person failed to register all vehicles owned by the person. The act repeals mandatory administrative actions by the department to revoke a person's driver's license or instruction permit following a first conviction for illegal underage possession or consumption of alcohol or marijuana or attempting to obtain alcohol when underage, and only permits revocation upon a second or subsequent conviction when a person has failed to complete an alcohol evaluation or assessment, education program, or treatment program ordered by the court in connection with the conviction. The revocation can run concurrently with another suspension, revocation, cancellation, or denial.The act repeals mandatory administrative actions by the department to:Revoke a person's driver's license or instruction permit because the person was convicted of, or has received a deferred judgment for, aggravated motor vehicle theft or second degree criminal trespass; Deny issuance or renewal of a person's driver's license because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation committed when the person was under 18 years of age or the person failed to pay a monetary judgment for using public transportation without paying the fare; or Suspend the driver's license of certain persons following conviction for selling, serving, or otherwise providing alcohol to or for an underage person or permitting or failing to prevent an underage person from using the person's identification to unlawfully purchase alcohol. The act prohibits the department from denying to issue, renew, or reinstate a person's driver's license because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation. The person must pay the required fees for issuance or reinstatement of the license.The act imposes a $25 fee to issue or restore a person's license if the person's license was revoked because of a DUI, DUI per se, DWAI, or UDD conviction.The act establishes a study group to examine methods to encourage people who have received a traffic citation and fail to appear in court to contest the citation or to pay any default judgment associated with the citation. The study group must report its findings and recommendations by December 31, 2021.The act makes transfers from the marijuana tax cash fund (cash fund), adds an allowable appropriation from the cash fund, and makes appropriations.(Note: This summary applies to this bill as enacted.)
The act requires a court to hold a bond setting hearing within 48 hours after an arrestee's arrival at a jail or holding center beginning on April 1, 2022.Under current law, a person is allowed to post bond within 2 hours after the sheriff receives the bond information. The act repeals that requirement. The act states a bond may be paid at a minimum by cash, money order, or cashier's check, and a judge, judicial officer, or bond hearing officer shall not require a monetary bond be paid in the defendant's name. Unless extraordinary circumstances exist, the custodian of a jail shall release a defendant who is granted a personal recognizance bond no later than 6 hours after the defendant is back in jail, and in cases when cash bond is set, the defendant shall be released no later than 6 hours after bond is set, after the defendant is physically present in the jail, and after the defendant or surety notifies the jail that the defendant or surety is prepared to post bond. If the custodian fails to release the defendant within 6 hours after the bond has been set, the custodian shall inform the defendant and any person posting bond on behalf of the defendant the reason for the delay and shall document the reason for delay in the defendant's file. The act requires that after a bond has been paid, the defendant and surety, if any, receive a copy of the bond paperwork, a notice of rights related to bonding, and information regarding the defendant's next court date. The act requires each jurisdiction to establish a way to pay bond online by January 1, 2022. The act states that a bond is posted when the surety or defendant pays the bond as evidenced by the time stamp on the bond or bond receipt.Each sheriff shall post a notice of rights related to bonding on the sheriff's website, including information about how to file a complaint for violations. The sheriff shall include the notice in the inmate handbook and must provide the notice free of charge to anyone requesting a copy. The sheriff shall post a notice that contains the bonding information in the common area of the jail in a location clearly visible to the inmates and clearly visible in the public portion of the jail where a person posts bond.By October 1, 2021, each sheriff shall:Create written policies to comply with statutory bonding requirements; Review and update the sheriff's website, signage, paperwork, and forms related to bonding to reflect current law; and File a certificate of compliance with the statutory bonding provisions with the division of criminal justice in the department of public safety. The act provides that each defendant has a right to be represented by an attorney at a bond hearing and the prosecution has the right to be present at a bond hearing.The act creates the position of a bond hearing officer, who is a magistrate, to conduct bond hearings on weekends and holidays throughout the state using audiovisual technology. The bond hearing officer conducts bond hearings throughout the state in the counties that request the service of the bond hearing officer. The public will be able to view the hearings. For each case heard by the bond hearing officer, the arresting jurisdiction shall electronically transmit the arrest report, pretrial services information, and all other relevant information to the bond hearing officer prior to the hearing. The act creates the district attorney assistance for bond hearing grant program to assist smaller district attorneys' offices in covering the costs associated with the bond hearing officer hearings. The act appropriates $150,000 for the grant program.For the 2021-22 state fiscal year, the act appropriates $412,816 from the general fund and the judicial department information technology cash fund to the judicial department to implement the act. The act appropriates $67,136 from the general fund to the state public defender to implement the act. The act appropriates $19,500 from the general fund to the division of criminal justice in the department of public safety to implement the act.(Note: This summary applies to this bill as enacted.)
Current law limits the application of architectural and landscaping regulations of common interest communities (also known as HOAs) so as to require that they allow displays of the American flag, service flags such as the "blue star" and "gold star" flags, and political signs, subject to specific statutory criteria. For example, the statute allows political signs to be prohibited outright except during an election season, defined as the period from 45 days before an election to 7 days after the election.The act simplifies and broadens these protections, requiring an HOA to permit the display of any noncommercial flag or sign at any time, subject only to reasonable, content-neutral limitations such as the number, size, or placement of the flags or signs.(Note: This summary applies to this bill as enacted.)
The act requires the executive director of the department of labor and employment (executive director), in partnership with the director of the division of unemployment insurance, the office of the governor, and either the new American advisor in the department or the director of the office of new Americans (ONA), if established, to study the feasibility of establishing a contract with a nonprofit, third-party entity to administer a wage replacement program for individuals who are unemployed through no fault of their own and who are ineligible for regular unemployment benefits due to their immigration status. The executive director and the new American advisor or director of the ONA are required to submit recommendations to the governor and to the senate business, labor, and technology committee and the house of representatives business affairs and labor committee.$75,000 is appropriated to the department of labor and employment for the wage replacement program study.(Note: This summary applies to this bill as enacted.)
