Colorado Commission on Uniform State Laws. The bill enacts the "Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act" as recommended by the national conference of commissioners on uniform state laws. The bill allows a peace officer to enforce a Canadian domestic violence protection order. The bill allows a court to enter an order enforcing or refusing to enforce a Canadian domestic violence protection order. The bill provides immunity for a person who enforces a Canadian domestic violence protection order.(Note: This summary applies to this bill as introduced.)
The bill 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 introduced.)
Colorado Commission on Uniform State Laws. The bill enacts the "Uniform Easement Relocation Act", drafted by the Uniform Law Commission. The bill sets procedures to relocate an easement established by express grant, reservation, prescription, implication, necessity, estoppel, or other method, but the procedures may not be used to relocate a public utility easement, conservation easement, or negative easement. To relocate an easement, the relocation must not: Encroach on an area of an estate burdened by a conservation easement or interfere with the use or enjoyment of a public utility easement or an easement appurtenant to a conservation easement; Lessen the utility of the easement; After the relocation, increase the burden in the reasonable use and enjoyment of the easement; Impair the purpose for which the easement was created; During or after the relocation, impair the safety of the use and enjoyment of the easement; During the relocation, disrupt the use and enjoyment of the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption; Impair the physical condition, use, or value of or improvements on the dominant estate; or Impair the value of the collateral of a security-interest holder in the servient estate or dominant estate, impair a real property interest of a lessee in the dominant estate, or impair a real property interest of any other person in the servient estate or dominant estate. To obtain an order to relocate an easement, a servient estate owner must commence a civil action and serve a summons and petition on: The easement holder; A security-interest holder in the servient estate or dominant estate; A lessee of the dominant estate; and Any other owner of a real property interest if the relocation would encroach on an area of the servient estate or dominant estate burdened by the interest. Service of a summons and petition is not required for the owner of real property interest in oil, gas, or minerals unless the interest includes an easement to facilitate oil, gas, or mineral development. The petition must state: The intent of the servient estate owner to seek the relocation; The nature, extent, and anticipated dates of commencement and completion of the relocation; The current and proposed locations of the easement; The reason the easement is eligible for relocation under the bill; The reason the proposed relocation satisfies the conditions for relocation under the bill; and That the servient estate owner has made a reasonable attempt to notify the holders of any public utility easement, conservation easement, or negative easement on the servient estate or dominant estate of the proposed relocation. At any time before the court renders a final order in the action, a person who was served may file a document to waive its rights to contest or obtain relief in connection with the relocation or subordinate its interests to the relocation. On filing of the document, the court may order that the person need not answer or participate further in the action. A court order approving relocation of an easement must: State that the order is issued in accordance with the bill; Identify the immediately preceding location of the easement; Describe the new location of the easement; Describe the mitigation required during relocation; Refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location; Specify conditions to be satisfied to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location; Include a provision for payment of expenses required by the bill; Include a provision requiring the parties to the civil action to act in good faith; and Instruct the servient estate owner to record an affidavit, if required by the bill, when the servient estate owner substantially completes relocation. Before a servient estate owner proceeds with relocation of an easement, the owner must record, in the appropriate land records, a certified copy of the order. The servient estate owner is responsible for reasonable expenses of relocation of an easement. Each party to the civil action is obligated to act in good faith. If an order requires building an improvement to relocate an easement, relocation is substantially complete, and the easement holder is able to use the moved easement, the servient estate owner is required to: Record, in the appropriate land records, an affidavit certifying that the easement has been relocated; and Send, by certified mail, a copy of the recorded affidavit to the easement holder and parties to the civil action. Until the affidavit is recorded and sent to the parties, the easement holder may use the easement in the current location, subject to any court's order approving relocation. If a court order does not require building an improvement, recording of the order constitutes relocation. The bill clarifies that relocation of an easement: Is not a new transfer or a new grant of a property interest; Is not a breach of a security instrument, except as otherwise determined by a court; Is not a breach of a lease, except as otherwise determined by a court; Is not a breach by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court; Does not affect the priority of the easement with respect to other recorded real property interests burdening the area of the servient estate; and Is not a fraudulent conveyance or voidable transaction under law. A servient estate owner may not waive the right to relocate an easement. The bill should be interpreted in such a way as to promote uniformity among the states. The bill supersedes the federal "Electronic Signatures in Global and National Commerce Act" except for consumer disclosures. The changes apply to easements created before, on, or after the bill takes effect. (Note: This summary applies to this bill as introduced.)
The bill prohibits the state and any of its departments, institutions, or agencies (state) from making it a condition of employment that an employee or a prospective employee execute a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee or prospective employee from disclosing factual circumstances concerning the individual's employment with the state (nondisclosure agreement) except where the nondisclosure agreement is necessary to prevent disclosure of: Factual circumstances relating to the employment that reasonably implicate privacy interests held by the employee who is a party to the agreement; and Matters required to be kept confidential by federal law or rules or by state statute or matters bearing on the specialized details of security arrangements or investigations. The bill prohibits nondisclosure agreements that prohibit state employees from disclosing factual circumstances concerning their employment. To the extent that an employer includes any such provision in any employment contract or agreement, the provision is deemed against public policy and unenforceable against a current or former employee who is a party to the contract or agreement except where the provision is intended to prevent disclosure of factual circumstances implicating the employee's privacy interests or matters required to be kept confidential under federal or state law or matters bearing on the specialized details of security arrangements or investigations. The bill prohibits the state from taking any retaliatory action against an individual on the grounds that the individual does not enter into a contract or agreement deemed to be against public policy and unenforceable under the bill. Any person who enforces or attempts to enforce a provision deemed against public policy and unenforceable under the bill is liable for the employee's reasonable attorney fees and costs in defending against the action. (Note: This summary applies to this bill as introduced.)
With certain exceptions, current law prohibits a concealed carry permit holder from carrying a concealed handgun on public elementary, middle, junior high, or high school grounds. The bill removes this limitation. (Note: This summary applies to this bill as introduced.)
Federal law requires federally licensed firearms dealers to conduct background checks of prospective transferees prior to transferring a firearm by contacting the national instant criminal background check system (NICS). A dealer is not required to conduct a NICS background check of a prospective transferee if the transferee presents a state license or permit that is recognized by the federal bureau of alcohol, tobacco, firearms, and explosives (ATF) as an alternative to a NICS background check. In order to be eligible for recognition, a permit must have been issued within 5 years before the transfer and the state must have completed a NICS background check prior to issuing the permit. The bill makes a Colorado-issued permit to carry a concealed handgun eligible for recognition as an alternative to a NICS background check by requiring a sheriff to receive the results of a background check prior to issuing or renewing the permit. The Colorado attorney general is required to contact the ATF to request that a Colorado-issued permit qualifies as an alternative to the federal background check requirement. Upon approval by the ATF, a concealed carry permit issued after the effective date of the bill can be used to satisfy a background check required by state or federal law. A permit issued in another state that is otherwise recognized in Colorado is not valid as a substitute for a background check. A prospective transferee who presents a permit as an alternative to a background check must attest, in writing, that the person has not, since the issuance of the permit, been convicted of a crime of domestic violence or been treated for a mental health condition, or is otherwise ineligible to possess a firearm pursuant to state or federal law. (Note: This summary applies to this bill as introduced.)
The bill repeals statutory provisions: Prohibiting the sale, transfer, or possession of certain large-capacity ammunition magazines; and Requiring each large-capacity ammunition magazine manufactured in Colorado on or after July 1, 2013, to include a permanent stamp or marking indicating that the magazine was manufactured or assembled after July 1, 2013.(Note: This summary applies to this bill as introduced.)
Under existing law, during a disaster emergency the governor may suspend or limit the sale, dispensing, or transportation of firearms, explosives, and combustibles. The bill repeals the governor's authority related to firearms and clarifies that the governor may not suspend or limit the sale of firearms ammunition during a disaster emergency. The bill repeals the prohibition on completing a handgun training class via the internet or in a location other than the physical location where the certified instructor offers the course. (Note: This summary applies to this bill as introduced.)
Currently, the location of a small or low impact hydroelectric energy facility, a geothermal energy facility, a biomass energy facility, a wind energy facility, or a solar energy facility on real property does not affect the classification of that real property for purposes of determining the actual value of that real property. As a result, a county assessor cannot use the location of the facility as a basis for reclassifying the real property. The bill creates an exception to this requirement for real property that, immediately prior to the location of the facility, was classified as agricultural. Therefore, an assessor will be able to consider the location of the facility when determining whether the real property should be reclassified.(Note: This summary applies to this bill as introduced.)
The bill requires, whenever possible, that a report of known or suspected child abuse or neglect made by a public school official or employee includes information as to whether the child who is the subject of the report has an individualized education program (IEP), as defined in statute. Unless the child is in imminent danger of child abuse or neglect, prior to reporting the suspected child abuse or neglect, a public school official or employee shall request an immediate advisory meeting concerning the child with a least one person who is a primary teacher or special education teacher of the child, if applicable, to share information concerning the child and any IEP or safety plan for the child. Public school officials or employees are encouraged to provide a child's IEP with any report of suspected child abuse or neglect made by a public school official or employee. The bill authorizes the state board of human services to adopt rules to include a notation or flag in a report or inquiry that the child who is the subject of the report or inquiry has been identified as a child who is neuroatypical. (Note: This summary applies to this bill as introduced.)
The bill authorizes the director of the division of professions and occupations or the applicable regulatory board in the department of regulatory agencies (regulator) to suspend or waive statutes or rules governing a health care profession or occupation over which a regulator has authority during a disaster emergency declared by the governor. The suspension or waiver of a statute or rule is limited to those in which strict compliance would prevent, hinder, or delay necessary action in coping with or responding to the disaster emergency and may not suspend, waive, or modify any supervisory requirements. The bill allows a regulator to promulgate emergency rules commensurate with the nature of the disaster emergency and within the limits of the declaration and the applicable practice act for a health care profession or occupation. The emergency rules automatically expire 60 days after the termination of the declared disaster emergency. (Note: This summary applies to this bill as introduced.)
The bill prohibits state government from passing or implementing any law or rule restricting the natural rights of a private sector enterprise or its customers to use and exercise their free will and free choice to conduct business, exchange goods and services, and take risks in any manner, time, or condition that is acceptable by the private sector enterprise, its customers, and any private sector individuals. The bill authorizes a private sector enterprise to assert a violation as a claim against state government in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of state government, any private sector enterprise, private person, or any other party. (Note: This summary applies to this bill as introduced.)
