The bill specifies that a local government that bans hydraulic fracturing of an oil and gas well is liable to the mineral interest owner for the value of the mineral interest and that a local government that enacts a moratorium on oil and gas activities shall compensate oil and gas operators, mineral lessees, and royalty owners for all costs, damages, and losses of fair market value associated with the moratorium. (Note: This summary applies to this bill as introduced.)
The bill is known as the 'Colorado Politician Accountability Act'. The bill includes a legislative declaration that states that addressing sanctuary jurisdictions is a matter of statewide concern and that makes findings about how sanctuary policies are contrary to federal law and state interests. The bill creates a civil remedy against the state or a political subdivision of the state (jurisdiction) and against its elected officials for creating sanctuary policies. The bill also creates a crime of rendering assistance to an illegal alien that can be brought against an elected official for creating a sanctuary jurisdiction. An elected official is responsible for the creation of a sanctuary jurisdiction if the elected official votes in favor of imposing or creating a law, ordinance, or policy that allows the jurisdiction to operate as a sanctuary jurisdiction, fails to take steps to try to change a law, ordinance, or policy that allows the jurisdiction to operate as a sanctuary jurisdiction, or is a county sheriff who imposes or enforces a policy that allows the jurisdiction to operate as a sanctuary jurisdiction in a county in which the elected officials have not voted to impose or create a sanctuary jurisdiction. The bill allows any person who claims that he or she is a victim of any crime committed by an illegal alien who established residency in a sanctuary jurisdiction to file a civil action for compensatory damages against a jurisdiction and against the elected officials of the jurisdiction who were responsible for creating the policy to operate as a sanctuary jurisdiction. Notwithstanding the protections of the 'Colorado Governmental Immunity Act', the jurisdiction and its officials who are responsible for creating a sanctuary jurisdiction are civilly liable for damages if the person who engaged in the criminal activity: Is determined to be an illegal alien; Had established residency in the sanctuary jurisdiction; and Is convicted of the crime that is a proximate cause of the injury to a person or property. The maximum amount of compensatory damages for injury to persons is $700,000 per person or $1,980,000 for injury to 2 or more persons; except that no person may recover in excess of $700,000. The maximum amount of compensatory damages for injury to property is set at $350,000 per person or $990,000 for injury to multiple persons; except that no person may recover in excess of $350,000. The bill defines a 'sanctuary jurisdiction' as a jurisdiction that adopts a law, ordinance, or policy on or after the effective date of this bill that prohibits or in any way restricts an official or employee of the jurisdiction from: Cooperating and complying with federal immigration officials or enforcing federal immigration law; Sending to or receiving from or requesting from federal immigration officials information regarding the citizenship or immigration status, lawful or unlawful, of an individual; Maintaining or exchanging information about an individual's immigration status, lawful or unlawful, with other federal agencies, state agencies, or municipalities; Inquiring about an individual's name, date and place of birth, and immigration status while enforcing or conducting an official investigation into a violation of any law of this state; Continuing to detain an individual, regardless of the individual's ability to be released on bail, who has been identified as an illegal alien while in custody for violating any state law; or Verifying the lawful presence and eligibility of a person applying for a state or local public benefit as required by state and federal law. The bill sets forth the requirements for determining when an illegal alien has established residency in a sanctuary jurisdiction. An 'illegal alien' is defined as a person who is not lawfully present within the United States, as determined by federal immigration law. The governing body of any jurisdiction is prohibited from adopting a law, ordinance, rule, policy, or plan or taking any action that limits or prohibits an elected official, employee, or law enforcement officer from communicating or cooperating with an appropriate public official, employee, or law enforcement officer of the federal government concerning the immigration status of an individual residing in the state. The governing body of a jurisdiction is required to provide written notice to each elected official, employee, and law enforcement officer of the jurisdiction of his or her duty to communicate and cooperate with the federal government concerning enforcement of any federal or state immigration law. The governing body of any jurisdiction in this state is required to annually submit a written report to the department of public safety (department) that the jurisdiction is in compliance with the cooperation and communication requirements. If the department does not receive those written reports, the department is required to provide the name of that jurisdiction to the state controller. A law enforcement officer of a jurisdiction who has reasonable cause to believe that an individual under arrest is not lawfully present in the United States shall immediately report the individual to the appropriate U.S. immigration and customs enforcement office (ICE) within the department of homeland security. The governing body of any jurisdiction is required to report annually to the department on the number of individuals who were reported to ICE by law enforcement officers from that jurisdiction. The department is directed to compile and submit annual reports on compliance to the general assembly and to the state controller. The state controller is required to withhold the payment of any state funds to any jurisdiction that is found by the department to have failed to comply with these reporting requirements. The state controller shall withhold funds until the department notifies the state controller that the jurisdiction is in compliance. The bill creates the crime of rendering assistance to an illegal alien through a sanctuary jurisdiction, which is a class 4 felony. A person who is an elected official of a jurisdiction commits rendering assistance to an illegal alien through a sanctuary jurisdiction if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of illegal aliens within the jurisdiction: He or she was responsible for creating a sanctuary jurisdiction in the jurisdiction to which the official is elected; and When, as a result of the protection afforded by a sanctuary jurisdiction, a third person engages in criminal activity and the third person: Is an illegal alien as legally defined by federal immigration law; Had established residency in the sanctuary jurisdiction that was created by the official; and Has been convicted of a crime that caused injury to a person or to property. A person who has knowledge of a crime committed by an illegal alien as a result of the creation of a sanctuary jurisdiction may file an affidavit with the attorney general or with a district attorney outlining the crime and requesting that charges be brought or that a grand jury be impaneled. The attorney general or district attorney shall investigate and respond in writing with his or her decision to the person filing the affidavit within 49 days. If the attorney general or district attorney declines to bring charges or impanel a grand jury, the person may file a second affidavit directly with the applicable court. The bill includes a severability clause and a provision that states that the bill is not subject to judicial review. The bill takes effect upon passage and applies to acts or omissions occurring on or after said date. (Note: This summary applies to this bill as introduced.)
Section 1 of the bill updates the definition of a broadband network for purposes of telecommunications regulation and deregulation. Section 2 updates how the public utilities commission (commission) makes an effective competition determination for high cost support mechanism (HCSM) funding, which is financial assistance provided to telecommunications companies that provide basic telephone service or broadband service in areas that lack effective competition. Section 3 establishes that HCSM funding cannot be used to support more than one wireline and one wireless line per individual household or individual business. (Note: This summary applies to this bill as introduced.)
The bill adds public convenience and the provision of reasonable access to and from public highways and adjoining businesses to the existing purposes for which the department of transportation (CDOT) and local governments are authorized to regulate access to public highways and specifically requires the provision of reasonable access to and from public highways and adjoining businesses to be considered in the development by CDOT of a state highway access code (code). The bill also specifies that if failure to grant a variance from the code would deny reasonable access to or from a business adjoining a divided state highway and the far side of the divided state highway, the denial may amount to a taking that requires just compensation under constitutional and statutory provisions pertaining to eminent domain. (Note: This summary applies to this bill as introduced.)
Currently, a court is required to sentence certain sex offenders to an indeterminate sentence that is a maximum of the sex offender's life. The bill allows the court to choose either the indeterminate sentence or a determinate sentence in those cases. The bill addresses the factors related to punishment and treatment that a court must consider when deciding between an indeterminate or a determinate sentence. The court must specify its reasons on the record for choosing either a determinate or an indeterminate sentence. (Note: This summary applies to this bill as introduced.)
A business improvement district (district) is a type of special district created within a municipality to fund certain types of improvements that will, among other things, promote the continued vitality of existing business areas within the municipality. The law currently allows a municipality to include areas in a district that do not have any existing businesses. The bill requires these areas to have existing businesses. (Note: This summary applies to this bill as introduced.)
The bill provides that a governmental entity may only require an electronic communication service or remote computing service provider to disclose the contents of an electronic or wire communication pursuant to a valid search warrant or court order for production of documents. The warrant or order must include a finding of probable cause to search and seize or produce the electronic or wire communication. An exception to the search warrant or order requirement is established if the time required to obtain the warrant or order would result in a risk of death or substantial bodily injury to a person or if certain persons consent to the release of the contents. The bill also excludes from its provisions situations when a peace officer may lawfully obtain the information from an electronic device in the officer's lawful possession or when only location information is sought pursuant to another statute. The bill also requires the governmental entity to give the customer notice of the search warrant and the disclosure unless the court orders that the notice need not be given due to specified circumstances. The bill prohibits any evidence obtained in violation of the bill from being introduced as evidence or used to obtain a search warrant or court order and provides immunity to an electronic communication service or remote computing service for complying with or objecting to a search warrant. (Note: This summary applies to this bill as introduced.)
The bill limits the damages that a vehicle rental company can recover for the loss of use of the vehicle to the actual lost profits suffered by the company due to the loss of use of the vehicle. (Note: This summary applies to this bill as introduced.)
The bill provides immunity from civil and administrative penalties for the unauthorized practice of a profession by an individual who meets certain requirements. (Note: This summary applies to this bill as introduced.)
Not later than 90 days after the end of the first fiscal year of an urban renewal authority (authority) after the governing body of a municipality has approved an urban renewal plan (plan) that allocates any incremental property or sales tax revenues of any taxing entity other than the municipality, and on the same day each year thereafter, the bill requires the authority to prepare a report for public distribution. The authority is required to send a copy of the report by first class mail and by e-mail to each taxing entity other than the municipality whose incremental property or sales tax revenues will be allocated under the plan. The bill specifies items the report is to address. With the annual report, the bill also requires an authority to submit an independent audit of its financial status that is prepared by a certified public accountant attesting to the accuracy of the annual report. As part of the audit, the certified public accountant is also required to report whether the authority has used any incremental property or sales tax revenues for any unauthorized purposes other than for eligible costs. In connection with the preparation of the report, the authority must also provide any other financial information that is reasonably required by the governing body of the municipality. If the audit finds that any incremental property or sales tax revenues have been used for any unauthorized purposes, the authority is liable for the repayment of such incremental tax revenues to the taxing entities whose incremental property or sales tax revenues were allocated under the plan. (Note: This summary applies to this bill as introduced.)
Current law relating to performance evaluations for teachers and principals (educator evaluations) includes a requirement that at least 50% of an evaluation must be determined by the academic growth of the teacher's students or the students in the principal's school. The bill eliminates that requirement but grants school districts the flexibility to continue to use student academic growth, in an amount not to exceed 20%, in educator evaluations. The bill also allows a local board of education or board of cooperative services that adopts its own local licensed personnel evaluation system to exempt teachers or principals who have either an existing effective or highly effective rating from the annual requirements of such system for a period not to exceed 3 years. If a local board of education or board of cooperative services decides to provide such an exemption, the teacher or principal retains the rating he or she received on his or her most recent evaluation for the exemption period. A teacher or principal who has been exempt from evaluations pursuant to this bill may request a new evaluation prior to the end of the exemption period. The rating from such a new evaluation will become the teacher's or principal's new performance evaluation rating. (Note: This summary applies to this bill as introduced.)
The bill sets forth the conditions under which a probation officer may arrest a defendant who has been granted a deferred judgment and sentence. The bill also makes corresponding amendments to the conditions under which a probation officer may arrest a probationer. (Note: This summary applies to this bill as introduced.)
