The bill excludes information relating to violations of the requirement for a single point of contact or dual tracking from the published notice that precedes a foreclosure sale. The bill also clarifies: That the deadline for a public trustee or sheriff (officer) conducting a foreclosure to continue a foreclosure sale is the scheduled date and time of the sale; and What happens if a foreclosure sale violates an automatic stay under the federal bankruptcy code, depending on whether full payment of the successful bid amount is received by the officer. The procedures that apply if a foreclosure sale is set aside by court order are established to mirror the procedures that follow a rescission of a public trustee sale. In addition, a person rescinding a foreclosure sale is no longer required to send envelopes along with their rescission paperwork. (Note: This summary applies to this bill as introduced.)
Under current law, felony murder, a death resulting during the commission of a specifically listed felony, is a class 1 felony. The bill makes felony murder a class 2 felony subject to crime of violence sentencing and modifies the affirmative defense. (Note: This summary applies to this bill as introduced.)
The bill requires the Colorado commission on higher education (commission) to conduct a review of and report on an analysis of program costs and student outcomes for undergraduate and graduate degree programs offered by the university of Colorado and Colorado state university. The bill sets forth the components of the degree program review and analysis, including information concerning the cost of the degree program to the student and to the institution of higher education (institution), the average time to complete the degree program, and employment and earnings outcomes for graduates. As part of its review, the commission shall identify the highest-cost degree programs to students and to the institution and the lowest performing degree programs with respect to graduate employment and earnings, and shall analyze the return on investment for those degree programs to graduates and to the institution. Two years after the date of the first report, the commission shall complete the review and analysis required in the bill for all state institutions that were not included in the first report. Every 2 years thereafter, the commission shall update the review and analysis of undergraduate and graduate degree programs for all state institutions. The commission's report shall be submitted to certain committees of the general assembly. (Note: This summary applies to this bill as introduced.)
In the 2016 legislative session, the general assembly enacted Senate Bill 16-197, which changed the system for licensing establishments that are authorized to sell alcohol beverages in sealed containers to customers for consumption off the licensed premises, referred to as the 'retail sale' or 'sale at retail' of alcohol beverages. Some of the changes made by the 2016 legislation include: Authorizing persons licensed to sell at retail on or before January 1, 2016, to obtain multiple retail licenses, subject to a tiered schedule, to restrictions based on proximity to another retail licensed premises, and to other requirements and limitations; Allowing retail liquor stores to sell a broad array of nonalcohol products, subject to a 20% limit on gross sales revenue from the sale of nonalcohol products; Requiring retail licensees to check the identification of consumers purchasing alcohol beverages to verify that they are at least 21 years of age; Prohibiting employees of certain alcohol beverage licensees who are under 21 years of age from selling malt, vinous, or spirituous liquors; and Changing the hours during which fermented malt beverages may be sold from between 5 a.m. and 12 midnight to between 8 a.m. and 12 midnight. The bill modifies portions of the 2016 legislation as follows: Modifies the definition of a liquor-licensed drugstore to specify that the licensee need not be a drugstore but must have a licensed drugstore within its premises ( section 1 ); Excludes revenues from the sale of cigarettes, tobacco products, nicotine products, and lottery products from the calculation of the cap on a retail liquor store's gross revenues from the sale of nonalcohol products ( sections 1 and 3 ); Imposes the proximity restrictions on a retail liquor store that is seeking permission to relocate its premises to ensure the new location is not within 1,500 feet of another business licensed to sell at retail, or, if in a small town, within 3,000 feet of another business with a retail sales license ( section 2 ); Allows a liquor-licensed drugstore that applied for a new liquor-licensed drugstore license before October 1, 2016, to obtain multiple retail licenses, subject to the schedule established in the 2016 legislation ( section 4 ); Allows a corporation member of a controlled group of corporations that owns or has an interest in a liquor-licensed drugstore to obtain interests in additional liquor-licensed drugstores in the same manner as any other member of the controlled group, but the entire group is subject to the limits on the total number of multiple licenses allowed under current law; ( section 4 ) Restores the hours for permitted sales of fermented malt beverages to between 5 a.m. and 12 midnight ( section 5 ); Clarifies that employees of a licensed tavern or lodging and entertainment facility that regularly serves meals, which employees are under 21 years of age, are not prohibited from selling alcohol beverages ( section 5 ); Repeals the requirement that retail sales licensees check customers' identification to verify their age ( sections 4 and 5 ); and Exempts liquor-licensed drugstores from the prohibition against having an automated teller machine on the premises from which individuals enrolled in public assistance programs administered by the department of human services may obtain cash benefits through the electronic benefits transfer service ( section 6 ).(Note: This summary applies to this bill as introduced.)
The bill creates a marijuana consumption club (club) license. The license is subject to the same licensing requirements as other retail marijuana licenses. The license may be issued to a person who operates an establishment where retail or medical marijuana may be sold and consumed. The club's sales are limited to the same limits as a retail marijuana store or a medical marijuana center. The club may not serve food prepared on site or alcohol. Entry to the club is restricted to those persons at least 21 years of age. A club shall purchase its marijuana, marijuana concentrate, or marijuana products from a licensed marijuana business or get a cultivation license and sell its own marijuana. A club may not permit outside marijuana, marijuana concentrate, or marijuana products. All marijuana, marijuana concentrate, or marijuana products must be consumed or disposed of on site. A club and its employees shall successfully complete a responsible vendor program annually. A club has the same immunity to a lawsuit for an injury caused by a club patron that a bar enjoys. The bill allows a local government to permit clubs in its jurisdiction. If a local government permits clubs, it may require the clubs to be licensed. In order to operate as a club, the club must comply with the local and state licensing regulations. A club is exempt from the 'Colorado Clean Indoor Air Act' for marijuana consumption purposes if it is fully ventilated. Public display, consumption, or use in a club is not a criminal offense. (Note: This summary applies to this bill as introduced.)
The bill clarifies that a construction professional has the right to receive notice from a prospective claimant concerning an alleged construction defect; to inspect the property; and then to elect to either repair the defect or tender an offer of settlement before the claimant can file a lawsuit seeking damages. (Note: This summary applies to this bill as introduced.)
Pursuant to current law, the state treasurer is a member of the board of trustees (board) of the public employees' retirement association (PERA). PERA's nonstatutory governance manual permits a trustee to make reasonable requests for information from PERA when the information is necessary for the purposes of fulfilling the trustee's duties as a member of the board. The governance manual also includes limitations on the nature of requests for information that a member of the board of trustees can make. The bill authorizes the state treasurer, in his or her capacity as a member of the board of trustees and in furtherance of his or her fiduciary duties and obligations to the members and benefit recipients of PERA, to review all records or information within the custody and control of PERA. Upon request of the state treasurer, the executive director of PERA or the board is required to provide access to any records or information requested. Neither the executive director nor the board may deny the state treasurer's request for records or information based on the expenditure of staff time or the need to use outside resources to fill the request, or any other reason. The state treasurer is prohibited from using any records or information provided for personal use and PERA is required to keep certain information confidential when providing requested records or information to the state treasurer. (Note: This summary applies to this bill as introduced.)
Under current law, a retail liquor store licensee that was licensed on or before January 1, 2016, and is a Colorado resident is permitted to obtain one additional retail liquor store license on or after January 1, 2017; 2 additional retail liquor store licenses on or after January 1, 2022; and 3 additional retail liquor store licenses on or after January 1, 2027. With regard to additional retail liquor store licenses, the premises cannot be located within 1,500 feet of any other licensed retail liquor store in the same licensing jurisdiction or, if within a municipality with a population of not more than 10,000 people, the premises cannot be located within 3,000 feet of any other licensed retail liquor store in the same licensing jurisdiction. The bill retains the ability for a retail liquor store licensee that is a Colorado resident to obtain one additional retail liquor store license through July 1, 2017, if the new premises satisfies the distance requirements, and starting July 1, 2017, retains the distance requirements and replaces the current time periods and additional license provisions with a structure that mirrors the tiered structure for liquor-licensed drugstores to obtain additional licenses, as follows: For a retail liquor store licensee licensed as of January 1, 2017, that has been a Colorado resident for at least 2 years, in order to obtain an additional retail liquor store license on or after July 1, 2017, the applicant must apply to transfer ownership of 2 licensed retail liquor store licenses within the same local licensing jurisdiction as the premises for which a new license is sought and merge the 2 licenses into a single retail liquor store license; A retail liquor store that qualifies for additional retail liquor store licenses is eligible to obtain: 4 additional licenses, for a total of 5 retail liquor store licenses, on or after July 1, 2017; 7 additional licenses, for a total of 8 retail liquor store licenses, on or after January 1, 2022; 12 additional licenses, for a total of 13 retail liquor store licenses, on or after January 1, 2027; 19 additional licenses, for a total of 20 retail liquor store licenses, on or after January 1, 2032; and an unlimited number of additional retail liquor store licenses, on or after January 1, 2037. A retail liquor store is prohibited from allowing customers to use a self-checkout to complete an alcohol beverage purchase. A retail liquor store is required to: Verify the age of a customer attempting to purchase an alcohol beverage by examining the customer's valid identification; and Maintain certification as a responsible alcohol beverage vendor. An employee of a retail liquor store who is under 21 years of age cannot deliver or otherwise have contact with alcohol beverages offered for sale on, or sold and removed from, the licensed premises. (Note: This summary applies to this bill as introduced.)
The bill allows qualified, per school district policy, employees to dispense over-the-counter medications to a student if the student's parent or legal guardian provided the school district with written general authorization to dispense such over-the-counter medications during a specified academic year. The bill grants criminal and civil immunity to such school employees if they acted with written authorization from the student's parent or legal guardian. The same authority and immunity is granted to child care providers, including employees or relatives in nonlicensed facilities, provided the person dispensing the over-the-counter medication has written general authority for a specific time period from the child's parent or legal guardian. The bill allows a parent or legal guardian to opt out of the collection and storage by a local education provider of any type of data related to his or her child. (Note: This summary applies to this bill as introduced.)
The bill requires the sex offender management board, in collaboration with the department of corrections, the judicial department, and the parole board, and in consultation with sex offender research experts, to establish evidence-based criteria for the release of low-risk offenders. The bill requires the department of corrections to allow a low-risk sex offender to complete his or her required treatment in a community-based program if the department does not have sufficient prison-based treatment for the offender. The bill prohibits the parole board from denying parole to a low-risk sex offender because the offender did not complete treatment if the offender is seeking release to complete treatment in a community-based program. (Note: This summary applies to this bill as introduced.)
The bill enacts the 'Asbestos Bankruptcy Trust Claims Transparency Act'. Federal bankruptcy law provides companies with asbestos-related liabilities the opportunity to reorganize and emerge from bankruptcy with protection from lawsuits. Asbestos trusts established as part of the bankruptcy process assume the debtor company's asbestos-related liabilities. The trusts then pay present and future asbestos-related claims, thus relieving the reorganized company of all present and future asbestos-related liabilities. Plaintiffs may also file asbestos-related personal injury actions against companies that are still solvent and subject to suit in the civil system. The bill addresses this dual compensation system to give defendants access to information regarding all of a plaintiff's trust-related exposures and give fact finders information they need to properly assign fault. The bill requires that a plaintiff must: File and disclose all asbestos trust claims before proceeding to trial in any asbestos action; Provide all parties with all trust claim materials connected to the plaintiff's exposure to asbestos; and If the plaintiff's asbestos trust claim is based on exposure to asbestos through another individual, produce all trust claims materials submitted by that individual to any asbestos trusts. The bill allows a defendant to file a motion requesting a stay of the proceedings if the defendant has information that could support the filing of additional trust claims by the plaintiff. If the court determines that there is sufficient basis, the court shall stay the asbestos action until the plaintiff files the asbestos trust claim and produces all related trust claims materials. The bill addresses discovery and access to materials relating to trust claims materials or trust governance documents by defendants. Prior to trial in an asbestos action, the court shall enter into the record a document that identifies every asbestos trust claim made by the plaintiff or on the plaintiff's behalf. If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, there is a rebuttable presumption that the plaintiff is entitled to and will receive compensation specified in the trust governance document applicable to the claim. The court may impose sanctions, including vacating a judgment rendered in an asbestos action, against a plaintiff for failure to comply with the disclosure requirements of this bill. If the plaintiff or a person on the plaintiff's behalf files an asbestos trust claim after the plaintiff obtains a judgment in an asbestos action, and that asbestos trust was in existence at the time the plaintiff obtained the judgment, the trial court, on motion by a defendant or a judgment debtor, has jurisdiction to reopen the judgement in the asbestos action and adjust the judgment or order other appropriate relief. The bill also establishes procedures for the prioritization of asbestos-related claims. An asbestos action involving a nonmalignant condition shall not be brought or maintained in the absence of prima facie evidence that the exposed person has an asbestos-related physical impairment based on objective criteria developed by the medical community. When filing an asbestos-related claim, the plaintiff must submit signed medical reports from qualified physicians who have a doctor-patient relationship with the plaintiff. If the plaintiff has not established that he or she is sick as a result of the asbestos exposure, the court shall dismiss the action. The bill prevents the filing of class action lawsuits for asbestos-related exposures. The bill sets forth the elements of proof for asbestos-related actions and the evidence needed to establish evidence of physical impairment. Until a court enters an order establishing that the exposed person has established prima facie evidence of impairment, an asbestos action is not subject to discovery, except for discovery relating to establishing or challenging the prima facie evidence or by order of the trial court, upon motion of one of the parties and for good cause. A defendant in an asbestos action is not liable for exposures from a product or component part made or sold by a third party, even if the third party is insolvent or otherwise not amenable to suit. The bill provides that an exposed person's cause of action shall not accrue and the statute of limitations does not begin running for a person who has been exposed to asbestos prior to the earlier of the date: The exposed person receives a medical diagnosis of asbestos-related impairment; or The exposed person discovers facts that would have led a reasonable person to obtain a medical diagnosis with respect to the asbestos-related impairment; or Of the death of the exposed person having an asbestos-related impairment. The bill states that an asbestos action arising out of a nonmalignant condition is a distinct cause of action from an action for an asbestos-related cancer. Damages shall not be awarded in an asbestos action based upon the plaintiff's fear of or increased risk for future disease. (Note: This summary applies to this bill as introduced.)
The bill makes it illegal for a person who is a federal employee acting under color of law to take any action: That deprives a range allotment owner of any property right appurtenant, inherent, or related to the range allotment, including the right to possess, use, dispose of, exclude other from, or defend the range allotment; and For which the deprivation offends due process or is a physical or regulatory taking without the payment of just compensation. A violation is an unclassified felony punishable by a fine of up to $500,000 and imprisonment of up to 5 years, or both. An owner who suffers a loss as a result of the person's actions also has a civil right of action to recover damages. (Note: This summary applies to this bill as introduced.)
